MR. HINE'S CHARGES.

Dominion, Volume 4, Issue 986, 29 November 1910, Page 5

MR. HINE'S CHARGES.

HOW THE FINDINGS WERE SETTLED PARTY VOTING, A LOP-SIBED COMMITTEE,. ■" A ;: The minutes of tho proceedings when the Hine Committee were deliberating in' camera make/ interesting reading. It will be seen from the divisions that in view: of tho fact that they wero outnumbered by Ministerialists, it was futile for Oppo- . sition members to succeed with important amendments to the findings.as drafted.by... the chairman. Tho Government nominees, ■;■ too, were supported on "every division by j Mr. Myers, who claims to.bo an l Independent member. Noteworthy also is the i' ~' fact that tho chairman (Mr Hanau) reI corded his deliberative vote on every divi- - | sion. Only on two occasions did divisions end. in a tic. This was due to the ab- : ■; senco of the Prime Minister, and'tho.'-'' fact that Mr. Graham voted with . the-' Opposition, bnt Mr. Hanan saved ' the '... situation from the point of view of the ;'• .Government by recording his casting vote • - against the Opposition. Another matter, which will occasion comment was the'*' ,'! anxiety with which Mr. Reed gave notice'., of his intention to have a. resolution to:j the effect that it had h&m. conclusively! . shown that no charges had been established against tho Seddon/ or Ward Ad--' 1 ministrations. It should bo stated that' '. the Prime. Minister did not deliberate m the Flaxbourno case. . Charges Against Mi\ Major. ! .On tho first day upon, which tho com-'l nuttee deliberated the ;Primo .'Minister' gave notice to move at' a later period,! ''That .the committee is/ of opinion that;' for the purpose both of ; tho protection of, 1 public life and of the reputation of public men, legislation should be passed mak- • i nig it illegal for a member of Parliament to act on hisow/'n behalf or on bo-' fait, of any other pei-son in negotiating the sale of an estate U'> the Crown " '■ Tho chairman's dra; ft report with a ,Ftaiement of tho evidence and his finding; us chairman in connection' with the-l charges against Mr. Major were thencon- ' ? ,ii . I^ r the ,r fi^'.'d » lir ee , it : was.al..-'. leged that Mr. Major' received a com- "• mission from Mr: P.: Bayly for- conducting the snip of his. Toko property to the Government. The .second charge-was to : the effect that Mr. Major and'Mr; Symea' ; divided a commisska'which they received- ., from Mr. A. Bayly 'for. allegedly conduct/. .. inir the sale of his property-to tho Gov;, crjinient. •. A paragraph in .the chairman's state-, ment of the case "was as under: "Ties*' negotiations were conducted entirely by I correspondence, wirich was put in' evi- . donee, but it was acroed,.on tho motion' of Mr. Massey that it should be amend-/ i ed to read as follows: "There is-no'eri-': " , donee to show that the negotiations we're' . conducted other than by correspondi ence. ' '■',".. ■ ■ ' , The draft finding prepared by tho chair-. : man read.: Your committee is therofor<r J ' , of opinion that as. regards the first charge/ [ the .evidence ,taken did not,show any ; breach ;of any. rule of law or of any estabv , lislied Parliamentary practice;. and, as 7 ■ regards the second charge it has been*' disproved so far as Mr. Major is concern-' ed. It was resolved, on the motion ofi' j Mr, M-rasfey. that it should bi> amended' to read as follows:-" . . . did not show' l any oreuch of any rule of law, but is a-i . direct contravention of a' resolution ofN N the Hcuse, agreed to on Julv U, 1886,: 1 •*? reguds the second charge, it has bceaj i disproved, so far as Mr. Major is con.' corned. r a ? " Cases Affecting Mr. Symes. '. . •' c charges preferred against."Mr.' f Symes were then considered, that relafc. - vsxg to tho sale of Mr. ,'Alf. Bayly's farml'. a >«ing taken first. ... ~.;,.'' I It was proposed by Mr. Allen to 'delete' r from tho chairman's statement o'f. the ! I case a clause as under:' "Noir did Mr.| -Symes interfere in the transaotion other-i, fc j wise than by forwarding the petition, toJ itho Minister," but his proposal was'lost,j being supported by only three other mem-i bei-s, Messrs. Buchanan, Fraser, and syv. ...■...-..".• ;, .., Thero was somo discussion over another-; (clause, which read: "That tho sale waai . conducted through] ' the Land Purchases]. -. Board strictly in accordance with the pre- I visions of, the Land for Settlements Act, I. and not through any Minister of th».j; Crown, and no influence or pressure ofV any kind was brought.or attempted to be,] brought hy any one upon the members - of the Board." j The.Premier moved.to delete the word*' "and. not through any Minister, of theJ Crown," but he withdrew his amendmentj. ■ The adoption of the clause was carried!; by 7 Totes to 3: Ayes: Messrs. Fraser,}.. Graham, Hanan, Millar, Myers, Keed, anil • Ward. Noes: Messrs- Allen, Buchanan, -' and Massey. ■■-..■..'■; Another sentence in a subsequent para-" ' graph read: "It (the payment to Mr.; ; Symes) must in fact have been paid by ■ Mr. Bayly in the erroneous belief that' ; Mr. Symes had in some way advanced ths intorests of Mr. Bayly in respect of the '. purchase by tho Land.Purchase Board ; of\ his property," and oh Mr. Graham's mo-« , tion it was amended by the. deletion op the word "erroneous." '•:",■■.;" ';';/'. Alleged Wrongful Commissions.' i/// The committee next occupied itself// with the second charge against. 'Mr;" ■ Symes, vis;'., that, he charged:, a number of West Coast lessees ,of Native lands/' commissions for preparing and conduct.''"' :wr petitions in Parliament on their, be- ' half. A sub-clausn of the chairman's draft)'/ read: "That tho recommendation, of thai ' : committee (a committee of the House) and'/' tho appropriation by Parliament in thiaj matter were just and proper, as has nofr been disputed." It was proposed that the words ;■ "as has not been disputed" be deleted;: but 'i the amendment was lost, it only being .supported by Messrs. Allen," Buchanan* JFrassr, and Massey. V . '. Nost the committee dealt with the third charge against Mr. Synios' which :was in effect' that he threatened. a:. newspaper that ho would use his -• influence as" a member of Parliament to prevent- it re- ■»' ceiving .Government advertisements unles3 '. he received its snpport,'or was treated, to / his own satisfaction by the paper, but," onlyi minor amendments to the chair-'. ; man's draft of .the .evidence were found '■■ necessary. ... ./.'• . ; , •.■'.-. :'; ,At the opening of)'the next sitting day T to further consider Hhe charges-Mr. Heed' - gave notice of motion to move.at a later,/' period: "That the- committee finds that. / it has been conclusively shown that no.;/ charges of any kjitl have been established;: in this inquiry'-againsv the Seddon'.or// Ward Administrations." . The committee..then proceeded to deal; ■' with the chaitnian's draft finding in-'.the •■■■,'; last-mentioned case. It was as under':'!.;. "Tho committee finds that the charge of / a threat is not established. Tho letter; of .-,.-'.' Mr. Symes of October i may possibly be : . susceptible 6f such construction although it may not have been intended by the'.'-.','■ writer. -In-constrniuij the loiter, it.must.:. bo remembered that it was a reply to a request made by Mr. Symes that he •'.; would get a certain newspaper a- share '• of Government advertising. This adver-.'.■'.; tising ,was authorised by the Government.-" on aiijilication from Mr; Whitlock , and '~'.. without any representation to. the • Gov- • ■ crnment from Mr. Symes." '- •.:'' "While findins that tho charge has hot;" been- established your committee" is of / opinion 'that the letter in question wasunfortunate. in its terms. It is further . regrettable that the usual obligations, at-.-taehhig .to a confidential commuuioation - * .were not observed by these into whose ' liands Mr. Sym'os's letter, passed." . . Mr. Massey inoved to omit .all the; :.; ' words down;'to tho word "writer." This/■; was lost by Cto i, the voting being, on " partv lines. ' ' . • ■■ :■■■ It was resolved rn tho motion, of;Mr ; Millar to alter the words "the a threat" to "the charge of the thrrat. . as allowed." . ■■.-.'.. ..'. Mr. Buchanan asked the chairman s nil- ;.. ing on the last .paragraph''of his draft ■ finding, ■ . •■ •. "/• -.' . •■'.' The chairman ruled that the "words:■ .; "It is further regrettable that ti"; Hs»nl ,"/ v •obligations attaching'to a .confidential;', communication were uot observed by. ;

!»;■' ■i-iiyf''-:^,.-^i:::""'.y-.':\ : ~~r' ■-'.-',''"•"'■ -- ' ; : ; : - : aV^'..!vm '*""" "/'lit'' ■'.■:■■■ ,■■■--.-,. ,'. ■■~.-, Vthoso into-whose' hands' Mr." Syraes's lot-' '-'ji ■ i i tei .passed"; bo '■ struck, out;... On ■: the mo- l .;-.--. Minister the'preceding > ,■:'■■;-clause was also omitted'. :'r;';--'r"r The finding as amended was then agreed. *.: io:by G to 4,tho "Noes" being: Messrs. -,- , : S. :..lAllen, Buchanan, Fraser,: and,Massey.- ; !. %,; :; ' Mr. Kaihau and Te Akau Block. ;'< ■. ' .It was decided to consider tho ■': : first' charge niado against Mr. Kaihau, > i;;:' viz.,-that while a momber of Parliament % -:-ihe conducted tho sale to the Government Y'Vr./of a portion of the Te Akau Block and :'-'V '■■'■: ireceived from the vendors a commission -V: '"'.'or other sum of money. . .':: - A -sub-clause in the chairman s draft - : 'of the evidence was amonded,' on the \,' -motion of Mr. Allen, to read: Mr. ■"'> Kaihau' paid the costs of counsel who b ';-'"appeared with him before the Native _ -':'-.'l 'Appellate Court, amounting to £500, and * .:■'•/ this with" other costs , and expenses in B■rf wraneetiori with tho nrocecdings, it was t< :■-'stated, rirobablv amounted to between p 7:>■■■■:JSlOi arid JESOO." , • . - si :•','-'; Mr. Allen proposed the deletion of the Words "without any interference by Mr. * .;.,>:;Kaihau" from a clause which stated that ti -('-:-: the purchase was.arranged by tho Nativo '. o . Xand-Purcaase Officers with the.Nativo i owners personally, but the amendment g '"^/■was'lost,, the voting being on party lines, ti v*' ; >'...' Discussion then followed on the chair- "'■' man's finding, which was as under: 'The t: ; - ; .. : -committee finds that Mr. Kaihau did not, about tho year 190G, while, a M.P., ; ;..'."-conduct the sale:to the Government of „ of the To Akau Block, but, :i- : 'on Uhe 'contrary, the committee finds ;- ; : 'that i the sale was negotiated and- con- : '-'.'■.' ducted bv the officers of tho Native -■ "■->-"v:iarid- Purchase Deuartinent directly with ..: ; . the''Native owners. The ■ committee furVther- finds thai iothing done by Mr. C sKaih'au in the course of the transaction famounted to; a breach of any rule of a "■'..: l lawjor of any.established : Parliamentary tj ;: ; : practice." ■"'; ■ : . Mr. Buchanan .asked whether that find- . .;■ Xak 'Was relevant to the charge. ;!..;:The chairman ruled that-it was. ■■'.•;"' : :- ;i '-Mr. Allen . moved', to strike. ( out the '■: frorii -"not" in the first lino,-but. the '-.v division was on\ party lines. _ :'' -,Mt. Allen,;-ne:?t.Amoved ..to insert the, . ■''?'■'"■■■■ words./'but,.he (Mr. Kaihau) did agree v-"-'"■■'.'with- the Nativtjs to conduct such sale" ; ':' after; tjior-wrirds I ,' Akau rßlock,'/-. but • :' : '. :-/;lio;was defeated,', a similar division taking ■'- : .;place'.. ;"':- \ '■ '"■■'" .■ , . .. ' -■;*.-.■'■■•.■ :Mr. Allen wished the. finding amended tl A, . to read that it • was. simply one of a :'; ; : ; :.: .majority of'the i 1 committee, but the' ,',... cmendment was rt'led out of order. /,;.;• A.'proposal by MY. Massey to omit the V'trofds "or of any established Parliament- ' '■iy-i: ary, practice" was lost .on'a party division, (j ■:■•-i;:V Mr. Allen favouyed the "insertion of ''■:" the:words, "but is a. direct contravention : of a resolution of the House.asreed to ( on : ■V.V ..■■.'.■ July •■14,"'188fl.". : ; -\"; : ..- Tho chairman'ruled'that tho amend- :; .ment could not novi'.'bo .moved. /, ,'- ~ Mr. Buchanan moved to add a now v :>-.. tlause as-under: committee further '•:'■' ■■■-. finds - that Mr.'./KaiKaii'.did rccdive' from ■■ .■;,',:' the a;sum of '_ ■ which'- in-: :■ eluded commissioii,for the -sale' of tho -:,VTe Akau Block." ''.;." .;..:.:The proposal was.Tejected..by G to i, :;.:;:. the'ayes .being Messrsi Allen,'Buchanan, j Eraser, and Massey. ' -." ... :: : :',A Minority Report Disallowed. ~ ( ■■•;'■■■ .''- : '.:,.T86 report,.aiid.:findilig drafted,by the [• :V' ; Jhairman in: cdrinection vrith the- charge :'V"'- : -against■ ; Mr. Kaihauioi: haying received :■::;':.- payments .in with petitions to -Parlia- .-:. nent was agreed to without amendment.' v '"■•'- Mr. Allen .'theri: put - in.' a minojj'ty ::.;. dissent, or .renort, signed'. l by .'Messrs".' .^j'.v!.'..'"iMiisey,'',^aserI''Buchaitan1 ''Buchaitant t and himself, '■''•;".' : -:'-: against the "finding.: in.connection with- , -':,.;", -the. Te Akau . Block," on;"the ground that v;'=. .'■.. it should have been stated in the finding: '■.".'■■■■• (a)- That Mr. Kaihau- did agree-with ( •, the .Natives to ■ conduct 'the sale to the ;!.Government of the, Te Akau Block; (b): ,v 3 -that; Mr;, Kaihau did receive from tho ,::, ,; .vendors tho. sum of £2000, which in- £:■.-'; "eluded ; commission. for the sale ,of. the : block; (c) that .Mr. Kaihau's action was ■ .'.,:.:.'"•• in - direct contravention b£ a resolution : ;." of tho House,' agreed to on July 14, 18S6. ' ';:■>',.On-a' point of order being raised'ob- V ][■':'■■■- jecting'to this report being recorded, the. " ;,-.y chairman ruled that a .minority dissent ; :V:... or report might .bo put in."- ' ■ ' \ '.X., ■'•' The" Prime Minister and • Mr. 1 'Millar \ ''■.:-■ -.v.. wished tovrecord their protest against tho. ' 7/'-- ■■: ruling.-'-- "',':':■- ■.'}•'■'<:■.■."■"'■■"• "'■:' v' I .'■'. : -.-.','- "JSIr.-'MJers: .Tibtieo '-, of 'motion ';£s' ! :-.■'.- move at'a later period: "Eeferring to.the . 'l','7-. : third. charge Mr. Symes,, the.coni- •}■:'■■'■ m'itteb. desires-to express/its opinion .that ii_i_ - it 'is' a. matter''. Of regret ;tha± a confiden-- , •;.'■:•: '.' tial-commuhication.'wTitteriby Mr. Symes ■~Q. i '--/ , fo'.-'l£r...M'Clnggagei > which by nniversal' ' •;.■.;■. v.is.always ..treated ..as. private, -: 'should have,been ignored and,mnao*pub- . ,;:■•/.'lie by those into whose/hands'the letter y jassed." : ' "■", >.;.'-'.',.- Subsequently, the chairinan.stated that ;>;.:':.:.: he'had consulted the Speaker and au-r thb'rities on the' point, and he now re- ':.-':-■-' ,ve"rsed,his.ruling re tho'•dissenting minor-. t;7 r'.'ity., report put in. by, Mr. Allen ro.Te ; ."■:,. /Akan: and ordered-it' to bo. struck oiitof 177 :,tlie : report!' •■ ; ' ..'., '.'••■'•:':' ..'.'„. The Flaxbourne Case. 7, ■ : The Flaxbourne . eha/ge was then con- ." .'':"'■.'.'iri'dered.' ' ! '' .. v -.:, . The 'chairman, in'■ his draft of the cvi- :,. 'denoe',.'had,-' opened as follows:—"Tho charge, is against the Government' of ■ ■which the late Eight, Hon. Mr. Seddon ■'j- .'.was Prime Minister.'; . '." ." Mr. Massey moved to make it read "that the,charge was against tho Govern- ' •''.-•'-' ment which "was in office in 1904, but his ;•::'; prbposal was defeated-by ato 4,-..the votihg"being: On party lines. :',■ , .■:;■.':.■■•. "■•Wlicn''a later paragraph-was under dis- r m l- '.—enssion, 'Mr, Allen moved to omit from • 7- : ::. it the v.'ords, "The late'ltight Hon. Mr. j :.. Seddon being then Minister in charge of |>: : ' the Land Purchase Department." . j;i: By a similar division the amendment r.'i',''':'; "JTCS. rejected.!."; ■ ' ~' , li", V; ''lit'Vas resolved on the motion of Mr. f;;.. . I'Allen to amend. a clause : relating to Mr. , ■■'.';■■'-".'''"!Wilson's„.visit to. Flaxbourne to show ' >'.';' - j!.th ; at ho v,-as to make a complete investiga- |. . .'tioli.and valuation. ":.<' .....Mr;'.-.Allen proposed to omit tho words \ : :':'■''": "and ■rendered the. .aforesaid services" j, ::■•'. .from a clause reading as under: "Mr. '.-■■"■ iWilson accordingly made such inspection . : ,; iarid report, and rendered the aforesaid !' v :,' : ::. services, and-was paid'the sum of .£lO5 }■'':■:■'--" for his yvork/.' [';?.,'•'•'. '. .Messrs: Allen,. Buchanan,. Fraser, and ['::'. Massey .voted tor the! amendment,, and (,';;- Messrs. firaham, Hanan, Millar, Myers, f!';;': and. Keed^ against it.-. I.S--j'-". ..Mr.'Allen' next proposed to add tho fol- |';.;; lowing /words at tho end of the parap,-.-':':'■ graph: "The- evidence-'as to the -time :'■:■: :'. spent,by Mr> .Wilsori on'the estate is'con- !; V* - :tradictory—Mr.. Griffin states that Mr. j. v :', "Wilson spent'2-V days on the estate; Mr. • : - Wilson asserts that ho was at Flaxbourne I: .;■: from Sunday midday -to the following li'-.v- Saturday morning. Accepting'' Mr. Wil-\7-7'■ son's statement,'the committee is,.of opinii;..'"ion that the tinio given by Mr." Wilson f77- : '- 'was not. sufficient' to make a 'complete r ;: ;,; investigation and report.'" o [:.'.'■ The: clause was rejected by 5 to 4," the [/.-.:. .voting .being: Ayes—Messrs. Allen, !■'.:!. .Buchanan, Fraser, Massey. Noes—Messrs. f-' : '• Graham, Hanah, Millar, Myers, and H-v : Eeed.\ :.-'-'" \■'" .' - : .t : " The voting.for the adoption of tho find- , \7''7- ing was also sto 4. .'Ayes: Messrs. Graj.tf .- ham; Hanan, Millar,'Myers, and Heed. t, ... ifo'es: Messrs. Allen, Buchanan, Fraser, ! : . ; :>and Massey. . Other Resolutions. ::i .' . Mr.'. Myers then motion: of :■,:"'.'■ regret at the fact that. the confidential '■!>'"■ letter from Mr..Symes to Mr, M'Cluggage ; r , was .made public by those, into whose ,'.,-;. lands' it fell. , ' ~. • C-■".■• Mr. Massey ,moved. to strike out tho ('•:■'.': jrord "confidential." \ .'",, ;-,.:.' The chairman, replying' to Mr. Allen, r.'.'':•:.' said the motion was in order. " li-.'■■. .■■-■ Tho division on tho amendment ended !:.;'. in. a tie: Ayes: Messrs. Allen, Buchanan, f.'.v-..-' Fraser/ Graham, Massey. Noes t'" Hanan, Millar, Myers, Kced, and .Ward. ? V -The, .chairman gave, his casting' vote (-:".■■ 'against the.amendment. . |:. . The motion was then adopted on', tho [.; ' casting vote of,the chairman. :i- ---['.;, 'v Mr.- Beid'then moved his motion, toVtho f;..' effect that no charges had been establish-l'.;;,:"---'ed against.tho Seddon or Ward Adminis- !> .-•■'. trations. • ' . f,. ,! The chairman,.m reply ■to Mr. Allen,. f ; : : ruled the s motion in order. 77 '■• Mr; ; .Eeed withdrew the motion at the' ■fv- request: of-tho Premier'. ~-. [■:.•:,. If was then agreed, on the motion of I" fiie'Premier: That the committee is of !"■""'■' opinion that, legislation should: bo passed i'.' . -making it illegal for a member of Parlial;, -rnent to act on his own behalf or on be- |-'": half of any other.person in negotiating i" iho 'sale of, an. estate to the Crown.