REMOVED.

Dominion, Volume 1, Issue 301, 14 September 1908, Page 7

REMOVED.

HAWKE'S BAY LAND BOARD INCIDENT, POWERS OF A CHAIRMAN. ALLEGATIONS OF POLITICAL' INFLUENCE. — (BT TELEGEAPH. —SPECIAL CORRESPONDENT.) Napier, September 12. ' Tho incident which resulted in the removal of Mr. Eustacc Lane from tho last meeting of the Hawke's Bay Land Board was referred to on Friday morning by the chairman (Mr. H. Trent) prior to the ordinary,business being ! bntered upoii. Mr. Lano took his seat at tho board table, and Messrs. R, R. Groom and T. Hyde were also present. The Chairman said that; after the regrettable incident which occurred at the last meeting, lio had referred the whole circumstances to tho head oiiicc of the Department in Wellington, and the matter was considered of such an . unusual nature that it was resolved to get the opinion of the SolicitorGeneral on the point of whether his action was justified. Mr. Trent then read the following opinion received from the SolicitorGeneral on the case stated to him:—(l) In the case-of a public meeting it is the duty and tho function of the chairman to preserve order, aud to take care that the proceedings are conducted in a proper maimer: It is impossible to define a priori the precise extent of his duty and power, as they must in great measure arise out of and depend on the emergencies that occur. If lie-acts reasonably and in good faith tho Courts will support him. It is disorderly for a member of the mcctjng to disobey the chairman's ruling, and if tho disobedience is. persisted in the chairman to restore order may cause him to be removed: Of course, tho chairman is supposed to use tact and discretion, and in no case to adopt more violent means than iiro reasonably necessary. (2) In the case of a' statutory or other meeting, attended by a 1 person who lias a right or interest entitling ; him to be present, the position is/practically the sahio. (3) Applying these. general prin- \ ciples "to the facts, as submitted, I am of opinion that the chairman was justified . in having Mr. Lane removed. The incident, however, closed with his removal,, as order was then restored, and the chairman would not bo justified in reopening the matter at the next meeting. 'Mr. Lano said if that was the SolicitorGeneral's opinion, he maintained that he could only be removed from the board by an Order-in-Council. A meeting of tlio board was quite different from an ordinary public meeting,' and the Act distinctly stated that a member of the board could only be removed by the Goverrior-in-Council. • The Chairman said that: Mr. Lano was referring to tho appointment- and withdrawal of the Government nominees on tho board, wiio could only be dealtwith by the Gover-nor-in-Council. This had nothing to do with the conduot of the business. Sir. Lano maintained that it had, and that ho had been illegally removed from tho board, and that while lie was absent tho whole of the business of the board had been illegally conducted. After a long'discussion,- Mr. Lane objected : to tho confirmation of tho minutes of tho last meeting, and the Chairman said he felt sure all the members of tho board were sorry that tho unpleasant incident., had occurred,. . and no ono was more so than himself. "Mr. Lane:.:l do not regret it at all, because it brought out what members of the ; board wished to hide. The Chairman : I am very sorry to hear you say , so. ' | Mr. Lane said he was very , glad the incident had taken place, because it Jiad drawn attention to'the manner in which the busi- ' ness of the'board was conducted from ono . cud of New Zealand to the other. I In .the course of further argument, Mr. • ' Lano objected to what was done at tho j 'former meeting in regard to a sm'all grazing i run leased by R. G. Black, Gisborne, in con- ■ nectioh with which he alleged tho board • had altered its decision on the recommenda- | tion of the Minister. ■ . \ Tho Chairman said that the matter was ro- , ported on to the Minister., Mr. Lane: I have not seen that report. I - maintain that interference on tho part of the ' Minister is illegal. Tho Cha.irman: That is a point I cannot ' contest. It is a legal point. Mr. Lane: The board came to a decision ' of which I know nothing. I am going so far as to withdraw from the board as a protest ' against the illegality of the proceedings. The Chairman: The matter is sub rosa. - Mr. Lane: No business of this board i should, be sub rosa. :: ~ The Chairman: Tho matter has been well • ventilated in tho House, and the whole 1 subject is under consideration. ■Mr.-Lane :- The matter has not.been ven- . .tilated to my satisfaction.- I dp not care , what has been said in the House. I am not connected with any political party, but tho . business of tho board is not conducted freo from political influence.' I ' . The ordinary business was about to pro- : ceed, when Mr. Lano said lie must protest against-.'the confirmation of tho minutes, on behalf of Mr. Black. He intended to tako a' stronger stand _ when ho heard from Mr. Black what position ho himself intended to take up. ... Tho Chairman said that the protest wouldbe recorded. Mr: Black, however, had been down to Wellington, and the matter was bel pig .'dealt with apart from tho board. .'Mr. Lano: The matter has no right to bo referred to apart from the board. Tlio Minister's interference is illegal.., . Tho Chairman: That is not a question for me. . I think it is legal. . . .Mr. , Lane said 'that, he would' leave tho meeting as : a.protest on behalf of Sir. Black, if the board wore not to have any choice in these riiattors there was no use his remaining a member. Rising from his seat, Mr. Lano concluded: I am a State dummy, and I leavo : , the meeting on this occasion of my own ac- ' cord. -I wish you all good morning. Mr. Lano then withdrew, and tlie-ordinary business of the board proceeded.