THE HINE CHARGES.

Press, Volume LXVI, Issue 13902, 29 November 1910, Page 9

THE HINE CHARGES.

I MIMTI-S OF THE I'KOCKKI>I-WS,

I L\rEßi>Tl> ,; OKTAII.S

* ~„.. renins- l>" ! l " ;>t <i;iy Sr;£h the Committee <1,1.».,ra«<i 7, l-i.-inier aavr n-n:<-«' to »"••.■, M a '.„ , ■~oJ:---, , Tliiit the roriMHitt.e -'> "t" 4 »*.i. oi ' !wt '■"■ th r , ""! 1 "-' , ' i; " £h ; ,! i.'i'r.M.'CJon 01 i>ubl,e 1,,..- and .:;' I'UjU.n ut ru»»"- .».«•»- •" • }|J pasM yl maKin;: it ill'- r ::;.l tor r a ;,no,T oi i'arhun,,., to a.-t ~» 1..s n.» .til, or on behall oi any ot:..r !'-V», i" n<>=" tl;U!,1 - ;,|(, " ai " ' :| ; '" i- v the frovwi.TV chairman's .iraif r..,,.!. v/itii a Ju-menioi tno«-.w.-iu-, : ana m> unu--Mr ue,e w.ei, v was ,!:,,,! I that Air JIW'"- rt-r.-«-«l ~,■..„,:,,.., ..,,n , V»r i liuvlv iur columella u.e ' -,'Ti.ut th-i Mr A ' :i J" r ;ill,l - Ur >ynH-s i j.. .» < » 'i' 1 1 ", ' " " ii:th tm '- v r0 * V v . lor ""'■-••' 11 >- <■«»- - ,tll l, i>, . -mii (i mi.-, property i.) tin"oumiiuu \, " »"'■■ «'"•'•- ---nm^-i- m'", ' the ea, ( . was ;! .s n j r - ll't-«- ivfre <oiil,,t«l ft tit. h b c(.rr t s]-.«iiidciiri', Jinn va^i'" 1 '» 'v.dem-.», lml it vvu., Jr-cl, on t',e m '," -Mr :; v v sl'oii'f , I « lU'iuu-t! to read :..s !h, thi mj" , ' «'♦'" uo , ro l, »!' dut ' l ':- 11 .',| tr thin fo-KsiKUiclerico. Miv dMtt iiiidm« [ re. in*] )>y i!ip oha.rman .. , ( j — ii)i n "ttee is, theretoro, ;ioiii'.oi. that , re;/.:m!s th« fir.t ' t t h rlt lire rakrii <h(l not ' nA ",, n t 1»« icli < > any rult- of law or /a-nts.. I'arlian.cnt.-irv pnic f L ai<l n>. r. :>nN the .worn! oharpe, 7 v«n <'•':•"' ih! 3O iar iVS , A,r MniT i> ro-irtini'l It was resolved, on ??ilt.on or Mr Mn«*oy. that it W> iU be am. i M to read as iollows:. !_'Pid not "lio> any broach ot any -iL- rf law, Imt i<; in controver'rao* i of the House agreed "u,on luH Nth Iffi. Ah regards Jβ woml (h ir '«■ it has V«n disproved j S f-r as M , Maio*- is concerned. THBCUVIIO'-S AGAINST MR

Tl'e charges preferred against Mr were then considered, that reE? "the sale of Mr Alf. Bayly's fano* being taken first. It was promsW by Air Allen to dotote from the Siiirnan's statement of the caso a S as under:—"Nor did Mr .Symes interfere in tho transaction otherwise than by forwarding tho petition to the Minister," but his proposal was lost, beinK supported, by only three other members-Messrs Buchanan, Frascr, irA Mastey. Tiisro >vas some discussion, apparentIγ over another clause which read :— "That tho sale was conducted through the' Land Purchase Board strictly in accordance n-ith the provisions ot the Land for Settlements Act, and not through any Minister of the Crown, an<l no influence or pressure of any kind was brought, or attempted to be brought, by nnyono upon tho members of tho Hoard." The Premier rnorod to deleto the words "and not through any Minister of the Crown," but he withdrew his amendment. The adoption of tho clause was carried by / votes to 3. \jqi —'M'Msrs Fraser, Graham, Hanan, Millar, Jlyers, Reed, and, Sir Joseph Ward. Noes—Messrs Alien, Buchanan, and Maesey. Another sentence in a subsequent paragraph read:—"'lt (the payment to Mr iSymcs) aniSt, in fact, have been paid by Mr Bayly in the erroneous belief that Mr Symes had in some way adrsnred the interests of Mr Bayly in respect of the purchase by the Land Purchase Board of his property," and on Mr (Sraiiarn's motion it was amended by the deletion of the word "erroneous."

The Committee next occupied itself with the 3ecrmd charge against Mr fi'ymes. viz., that lie charged a number ot West Coast lessees of native lands' commissions for preparing and conducting petitions in Parliament on their behalf. A sub-clause V>f the chairman , .'! draft read :-~ 'That the recommendation of the Committee, (a Committee of the House) and the appropriation by Parliament on this rastter were just and proper, as has ,»ot been disputed." It was proposed "that the vords "as has not been disputed," be deleted, but the amendment was lost, it only being supported by .Messrs Allen, Buchanan, Fraser, and. itftssey. Another sub-clause was amended to read that the Government's .refoad was male direct to Mr Hutchi- .■'»»< ajjent, Mr.Haddow. Jest the Committee dealt with the Uiird charge levelled against Mr Symes,' s-bieh was in effect that lie threatened » wwspaper that he would use his infisenie as a member of Parliament to . Prevent it receiving Government advertisements unless, ho received its fcup■port or was treated..to his own satisiMTion by tiie paper, bub only minor amendments to the chairman's draft of &t> CTidencp were found necessary." .« the opening of the next sitting M" T t> "irther consider the charges .MrH«*l gnvo notice of motion to move at ■ later period :—"That the Committee that it has been condlusirely swwn that no charges of any kind have wiu.'itablished in this> enquiry. against .seddon or Ward administrr.tions." The Committee then proceeded' to deal Jfltij the chairman's draft finding in w* last mentioned case. It was as I taller.-—"The Committee find that the \ of a threat is not established. f ice letter of Mr Symes of October 4th i «ay possifaiy be susceptible of such conI wartwa, although ifc mnv not have ■■ ««n intended by the writer. In con«triiinss t.ho_ latter it must be remom- : *■'$ . . at '* WiJ s a reply to a request - s»t!e by Air S.vmes that lie would yet • certain nowtipnpcr a share of Govern- , wot advertising. This advertising was M-nonsed by the Government on apPucation from Mr Whitloek. and withwlt Any representation tv the Govern■ftjMrora Mr Syrnes." •Mr Mtjesc.v moved to omit nil the "arcs down to the word '-writer." «* the chairman for his Mjißg ■ we are tied to ibe ramdnal words of the chaise, or \\\u*w it is not our duty to decide upon •*igeneral impression of the charge." »w chairman ruled that thoy had to WDSiter and find on each cbai-xe as it **» *a«iSe% 6 et out, and that there ««W Le.iio amendment to alter specific made and substitute a new tfarge.. -«Ir Massey's amendment was then 1 «* t>? 6 votee to -1, the voting '\ «n party li nes . i xi t? 88 "solved, in the motion ot 1 ■Hγ Millar, to alter the words -'The , ™«p of a threat , ' to "The charge wtb « threat as alleged.' , f. lr Buchanan asked the Chairman's ■- ™">g <m the last paragraph of bis ■ *»f finding. P i uj, . ruled that the words : " J* further regrettable that the ■ T*i oM'pations attaching to a conri- ! communication were not obt y ihose illto " h ™<> hands Mr ! I letter pawed" bo struck out I Sγ of the Premier, the prei fr.V'K was alw) omitted, the : a, ?S pa amended was then nixrood f> ■" 5 'J.Totee to 1, the •Xws" beiiin ! '. S r * AUen > Buchanan. Fraser. and wassev, .• TILE CHARGES AGAINST MR KAiHAU. il* V , m then to consider the I ■«tt charge mad.; against Mr Kaihau, ■fcf" 'i, wlliic a member ot I'arlia,;f«it lie conducted tho wile to tho ■."eyernment of a portion oi the To'

Akau l»l,-w.-k. and received from the vc.t- - ,l;. !, --( :■■ or otlicr cum of money. A su'whuiso in thr Chairman's dniit oi the OMfleiicij * aX amendwl on t'-.c-jijotion <.i >!r Allen to read :~-'-.Mr Kaih,,u p.ii'l mi' (X).st.s of counsel who apj.,.;,reu uiti! him before the Native Ai>-p-Hatr Court, amounting to £.300. ami 1i,... «itl- «,t!iei- costs and expenses in .-wimeciion uith the proceedings, it wns -liita!. i.rn.-'a.Jl.v .'imounted t,> bctweon '.7in ai!<! 'JSi;U. • "Mr Ail.-ii proposed the deletion of ;■,,, v r V <], --v. ithoiit any interterenw I,v Mr Kaii.r.u i;"m a clause which statoii j: !: ;t. the piir"ii.::-o \va.-3 arranuod by the Native l.i.nn iMiroiitisc oflieer.s with t'-f nati'.e ..v.i.rr, I'Onu.nnlly, th« air.eiuinier.L '".-.t, the voting hoi oil pariy line.-.. A ,|: <■:!-.■ :>•!! then folkj-.ved (n the Cfiainnnii - tiT'im;:, wliich was as iin-rl-r:--'The C'oniinittce(( imsls that Mr !\nili;.;i 'li'l nt vi or al>;iut the yi-ar I:;.; -,vl;i!.' an M.1., conduct the'salo ~, t|,,. (inv.'M.Ki. ill oi any portion of t!,,- Te Akau hlfcu, hut. on the con- ■.;..:■'. tin , <-o::'.inittee finds that the salo ■:■-■' •! and eon ducted l,y the „:.;,,,;. , i tii.- Nr.tive Laixl I'uroliasu !", inrtiM'iit <!:r( cl!y with the native i,;iiii-R. Tlie Coji'.iiutU'e iurther finds ::;::L notiiiii;; d-ine hy Mr Kiiihaii in the coin-, of tt:» tran.--::rtion amountwl to a hrcacli hi any rule.s of law or of any ~.-t:'! !::!:<•:! oarlianit ntary iirat.-tict , . Mr liiiciiaiiitn as!-:oci wiivthcr the was reh'viiiit to the charge. Tiit? Chairman rul'-d tliat it was. Mr Allen niuved to strike out tne wold "not" i" th' , tinu line, hut mc flivision was on party lint-.i. Mr Allen next moved to insert tho words, --hut !:e 'Mr Kaihait) did agree wii'n ti;e i-ativi'S to eondnct such .sale," after the words, "To Akau islock," hut he was defeated, a similar division place. Mr Allen wished the finding amended to read that it was simply ono of a majority of the Committee, hut the amendment was ruled out of order. A |>r< ro.-al by "Mr Mas.sey to omit the wordy, "or of any established parliamentary practice,' , was lost on a party division. Mr Allen favoured the insertion of the words, "hut us a direct contravention of a resolution of tho House ay reed to on July 14th, 1880. f The Chairman ruled the amendment could not now be moved. Mc Buchanan moved to add a now clause as under, "Tho Committee further iiiuLs that Mr Kaihaij did receive from tho vendors a sum of £2000, which included commiission for the sale of tho Te Akau Block. The proposal was rejected by 0 votes to 4, the ayes being Messrs Allen, Buchanan, Fmeer and Massey.

Tho report and finding drafted by the chairman in connection with mc charge against Mr Kuiliau, of having received payments in connection witii petitions wtiich ho undertook to present to Parliament, was agreed to without amendment.

Mr Allen then put in a minority dissent—a report signed by Messrs Massey, Fr<oser v iiucliaiiaii, and himself—against the finding in connection with the Te Akuu .Block, on tho ground that it should have been stated in the finding (a; that Mr Kaihau did agree with the natives to conduct the sales to the Government of tho Te Akuu block; (l>) That Mr Kaihau did receive from the vendors tho sum of £2,000, which included commission for the sale of the block; (c) That Mr Kaihau's action was in direct contravention of a resolution of the House agreed to cm July 1-lth, 1886. On a point of order being raised, objecting to this report being recorded, tho Chairman ruled that a minority dissent or report might be put in.

The Premier and Mr Millar wished to record their protest against the ruling. Mr Myers gave notice of motion to move, at a later period:—"Referring to the third charge against Mr Symes, the Committee desires to express its opinion that it is a matter of regret that a confidential communication, written by Mr Symes to Mr McClukgajio, which, by universal custom, is always treated us private, should have boon ignored and made public by those into whose hands tho letter passed subsequently. ,. The Chairman stated that he had consulted tho .Speaker and authorities on the point. He now reversed his ruling in regard to the dissenting minority report put in by Mr Allen, re. the Te Akau block, and ordered it to be struck out of the report. THE FLAXBOUTtNE CASE. The Flasbourno charge was then considered. Tho Chairman, in his draft of the charge bad opened as follows :—"The charge is against the government of the late lit. Hon. Mr Seddon, who was Prime Minister.

Mr Massoy moved to make it read: "That tho charge was against the Government who was in office in 1904,'_' but his proposal was defeated by 5 votes to 4, the voting boinjr on party lines.

When a later paraßvaph was under discussion. Mr Allen moved to omit from it the words, "the late Rt. Hon. ;Mr Seddon, being then Minister in charge of the Land Purchase Department." By a similar division the Amendment was rejected. An amendment to omit the nemo Seddon in another placo was moved by Mr Allen, but was lost, the voting again beiny on party lines. Mr Allen then moved to make it clear that the Hon. T. K. Macdonald' was appointed assessor for the Crown without remuneration, but he and xhe other three Opposition members were again defeated. It was resolved, on tho motion of Mr Allen, to amend a clause relating to Mr Wilson's visit to Flaxbourno to show that ho was to make a complete investigation and valuation. Mr Allen proposed to. omit the words "and rendered the aforesaid services'' from a clause reading as under:—'"Mr Wilson accordingly made such inspection and report and rendered the aforesaid services, and was paid the sum of £105 for his work." Messrs Allen, Buchanan, Fraser and Massoy voted for tho amendment, and Messrs Graham, Hanan, Millar, Myers and Heed ngninst it. Mr Allen nest proposed to add Mie following words at the end of the paragranh:—"Tho evidence as to the time spent by Mr Wilson on tine estate if> contradictory. Mr Griffin states that Mr Wilson sp?nt two and a half days on the estate; Mr Wilson asserts that hi» was at Flaxbourne from Sunday midday to the following Saturday morning. Accepting Mr Wilson's statement, tho committee is of opinion that the time s' v< ' n by Mr Wilson was not sufficient to make a complete investigation nnd report."

• The clause was rejected by 5 votes 1o 4, tho voting being:—Ayes: Messrs Allen, Buchanan, Fraser and Massey. Noes: Messrs Graham, Hanan, Millar, Mvcrs and Reed.

Mr Massey moved to insert a siibclnuse: —"Mr Wilson avos not called as a witness by the. committee, and his report was not submitted to the committee.' .

The clause was rejected, the voting being the same as in the- previous instance.

Mr Allen moved to insert the •words: — ■The Hon. T. "K. Macdonald l>eing a member of the Legislative Council, was appointed jjssessor without remuneration,'' but this proposal was rejected oy 5 to 1, the voting not differin"; from the Inst two divisions. Mr Allen next moved to niter tbe liniing to road intor alia "That Wilson made an inspection of tho propcity, but the time so occupied was too short for him to make a complete investigation and valuation." Tli amendment was lost, the voting a;',ain being the same. Mr Allen then moved k> alter that I>ortion of the finding which read "and ihnt such pcymont" to Mr Wilson ''was not made with the intent or object of indirectly remunerating the Hon. T.

K. Macdonald," by omitting the word "indirectly," hut the vote was on party line-, tlie same members being present. Mr Ailen was equally unsuccessful in attiTiiptinz to have added to the finding a clause to the effect "that Mr (■in then partner of the Hon. Mr Alacdonald. was paid the sum of .fclCo." Tin- voting lor the adoption of the lindinc: was ak-:o -J to 1. Ayes—Messrs Graham. Hanaii, Millar. Myers, and Hved, Xoes— M.-Rsn Alien, Huchanan, Fra.s'M, ami Massey. (JKXKUAL Mr .Myers then moved liis motion of rc<;r<-t at the tact that the confidential letter irom Mr Syme.s to Mr 'MoCltiji.Uii.ue was made public by thow int<> v.iKjs- hand.s it fell. Mv Ma.-*cy nioveil to strike out the word "eonfiiK-ntia!.' , Tiie chairman, replying to Mr Ailen said the ii'/'tiou wji.s in order. The division en th" r.inendnient. ended in a tie. Ayes—Messrs Alkn, ttiichanan. Fra.-ssr. Graham, nnri M."..=.«ey. Sor.i —Messrs Hanari, Tilillar. Myers' liiH<], an! Sir Joseph Ward. ' Tlu- chairiiian lsi.s casting vote a.Lcain.st the amendnirnt. " The motion was tlu-n adopted on the ca.stin;jc vote of the chairman. Mr Reid then r.iovej his motion to the effect that no charges had been established ntxainat the Soddon or Ward sulmiui-triitions. The chairman, in reply to Mr Alien, ruled the motion in order. -Mr Heed withdrew the motion at tho request oi the Premier. It was then agreed on thr- motion of the Premier. "That the Committee is of opinion that legislation should he passe-:! making it illegal tor a member of Parliament to net on his own behalf, or on hc'half of any other person, in negotiating the sale of an estate to the Crown."