THE GOVERNMENT AND MR. ROBERT GRAHAM.

Press, Volume XXXI, Issue 4285, 24 April 1879, Page 3

THE GOVERNMENT AND MR. ROBERT GRAHAM.

Writing of the differences between Mr B. Graham and the Government respecting the purchase of some Native land in the neighborhood of the Hot Lakes, the Auckland " Herald " cays :—The Government hare, we understand, issued instructions to prosecute Mr Bobert Graham under the Native Lands Act of hut session, for occupying land as Botorua; and this prosecution, if successful, will force him to leave the district. Mr Graham has determined not to obey the warrant, and has engaged Mr Whitaker and Mr Hesketh to defend his claim. As this prosecution, if carried on, will probably gire rise to the most important questions ever "discussed in New Zealand, it will be interesting to state the facts in detail. Some yean ago it was mooted that that the Gorernment I should adopt means to prevent the great natural wonders of the Botorua and Botofrom falling into the hands of pri- ; rate parties, speculators, who would charge half-a-erown to see. a geyser, who would ! stand sentry with a caeh-box over the healing ! springs, and who would generally degrade the ! whole locality. It was thought that it would be a grand enterprise for the Government to buy j the land on which the wonders were, with some of the adjacent country, and form there a National Park, which would be quite unexampled in the world. If such a paradise were formed, it would, we beliere, be absolutely superior in every point of salubrity and beauty to any other spot on the surface of the earth. The region is elevated, and the climate dear, dry and bracing, neTer too hot, and nerer too cold. The Lake district, from its clear skies and pure air, is itself a sanitarium, but fehere are here also every rariety of natural springs and baths, fitted to strengthen the weak, and suited to the direct cure of many ailments for which medicine can do little. The fairyland beauties of the white «d pink terrace, of the Botomahana, Te Tarafeaand Olfflkupuerangi have been often celebrated, alao those of the blue and green lakes in the neighborhood. Mature, mdeed ba. been unwearied, and has not rested till her work was complete; for, while there « themasaofTaraweramountain*, to thatthe sublime should not be omitted, the country is fenerally hilly and undulating, with strips of forest and open country, forming efede* and lawns uiasn English park. Over thia ©"eughtrul region the Government hare thrown their lasso. They hare, to adopt NatiTe phraseology, made it tcp« to themeelree

by proclaiming it under the Native Lands Act, after which process no one can legally negotiate with the Natives for any part, or deal with it in anyway, or evea rwide upon it, Aβ our readers are aware, a large extent of country in the colony haa been proclaimed in the same fashion, but in maintaining a hold upon the Lake district the Government occupy a stronger position than they'do anywhere else, owing to resolution* having been passed that they should secure it by the Auckland Provincial Council, and also by the House of Representatives., And now for Mr Robert Graham's cue, k> far ai we are acquainted with the facts. He wai, we believe, asked by the Natives to take up his residence at Rotorua, and in order to induce him to do so, and in gratitude for hie ■uccetsful endeavors to settle a dispute at Maketu, which threatened to bring two hapvt to blows, the Obinemutu chiefs offered a piece of land sear the settlement, named Te Koutn. This, Mr Graham hat partly cleared. He haa built a small house, and proposes to erect a large hotel for travellers. He allege* that hie occupanoy of the land, which the Natives are willing to hand over to him, would in no way interfere with the operations of the Government in securing a national park, as the Koutu lies beyond the remarkable spots of the district. He states, we believe, that a distinct promise was made to him by Minister! that he should not be interfered with, and that the next he heard of the matter was that he would be prosecuted. The Government will no doubt say that, having prevented a number of private parties from acquiring land at Rotorua, they cannot possibly make an exception in Mr Graham s favour; and, for aught we kaow, they may allege that hi* recent proceeding! in aiaieting to establish the "Committee of Rotorna" have interfered: with and obstructed their land purchase operations in the district. It is said also that' the Government land purchase agent claims to have made a payment on Te Koutu itself. Native difficulties are, it would appear,;, coming iin troops and battalions. There has been a second at Botorua during the hut few lays. AMr Stuart purchased a piece of land near the Lake, called Whakatiwai, and has had a survey commenced, but some of the Natives, who claim to be the owners, marched over and " carted off " the surveyor* a Iα Tβ Whiti. In Mr Graham's case the question may be raised as to the legality of the action of the Government in " proclaiming " distriots —in issuing a proclamation which prevents the Natives from selling their land. These proclamations, there is no diagnosing, are virtually confiscations. Muoh ma/ no doubt be said for them aa matters of publio polioy, but from several points of view they ore scarcely defensible. The lands of the Natives were guaranteed to them by the Treaty of Waitangi, and the question may be raised whether the Assembly can so deal with the private property of large bodies of the Queen's.subjects. The Grown had, it i> true, a pre-emptive right, hut having parted with that, it is questionable whether that right can be resumed, or virtually ro< turned by these proclamations. To lock up by means of a proclamation a vast tract of country, and to keep it so for years, preventing Europeans from acquiring it in detail, may also be a policy injurious to the colony, as affecting the interests of settlement.