A MAORI'S LANDS

Dominion, Volume 11, Issue 182, 22 April 1918, Page 6

A MAORI'S LANDS

CASE OF RANGI KEREHOMA

MORE ABOUT EUROPEANISATION

MR. HORNSBY WITHDRAWS

The commission of inquiry into certain dealings in tho landed estate of a young Maori named liaugi Kerehoma was concluded on Saturday. Tho Commissioner, Mr. H. W. Bishop, S.M., was instructed chiefly to inquire as to whether tho Public Trust Office, which had up to tho timo of his coining of ago managed Iverohoma's estate, was in any way to blamo for certain transactions in land of Kerehoma's which followed afterwards, and for the Europoanisation of the young Native, a proceeding which was necessary to permit of the transactions being carried through. The inquiry was the result of many public statements and oftenrepeated demands by Mr. J. T. M. Hornsby, M.P. At tho inquiry Mr. C. I). Morison, K.C., with Mr. D. 11. Boggard, appeared for Mr. Hornsby; Sir John Findlay, K.C., with Mr. 11. l'\ von Hnnst, for tho Public Trustee; and Mr. C. P. Skcrrett, K.C., with Mr. M. J. Crombie, for William Boyce Chennells. "Great Trust in Him." Rangi Kerehoma was examined first by Mr. Morison. Ho said that he had been ad. vised by Chennells to become Europeanised, and that Chennells said that by doing this ho would obtain certain privileges. Mr. Morison: Who managed your affairs after you became of age?—"Chennells." Before you gave him the power of attorney ?—"Yes, Chennells managed my affairs even before I giivo him tho power of attorney." Did you like Mr. ChennellsP— Yes. What attitude had you towards Mr. Chennells ,'S the result of your intercourse with him before tins power of attorney ?—"I had great trust in him." A Bad Memory.

Mr. von Huast proceeded to examine tbo witness. Mr. vou Haast: Mr. Eonaldson took a great deal of interest in your property and in you ?—"Yes." During (fi» time that your estate was in the lumds of the Public Trust, you ■were satisfied, with what he did for you? -"Yes." You wrote a letter, I think, expressing your gratitude to him for what he had done lor vouf—"l have forgotten." Do you "remember his telling you to bo careful about signing documents ?-' I don't remember." You remember his conversation about settling .£25,000 on you?-"! remember about the settling of the ,£25,000, but I don't remember Mr. Konaldson speaking to me about it. I think it was Chennells that spoko to mo about it. I would not swear to that. It happened such a long time ago." •It all events "on arranged to leavo .£25,000 in tho Public Trust office ?- Did vou think of leaving tho whole- of your property in the Public Trust Olhce? -"No " Why not?—"I (lid not think of leaving the whole- lot there." You wanted to have some control over it yourself?—" Yes." Do you remember writing some letters at tho time of your coming of ago to the Public Trust Office asking them to collect vour rents for you? Mr." Aiorisou: He wont remember them. Show him the letters. Mr. von Haast: Did you write tbo letters, or did Chennells write them for (These questions worp not satisfactorily answered, witness apparently having forgotten all about the letters.) Mr. von Haast: What was your idea about who was managing your property? -".[ understood that Chennells was mana? [t S was not the Public Trust OfficerDid you understand that Mr. Chennells wns not going to collect your rents? Did you understand that the Public Trust' Office was going to collect your rents?—"l didn't know that. Did you think Chennells was doing the lot ?—"Yes." Did von draw cheques on your bank account in Masterton ?-"Yes. Chennells used to draw them for mo, and I signed mv name." How did this power of attorney come about?—"l have forgotten now." The Land Deal. Did you know that in 1911 an Ortler-in-Couiicil had been registered against your lauds preventing you from dealing witli them except to the Crown ?-"No." Who gave you the documents that yuii signed in order to be Europeauised ? Do you remember how you came to ge h . them?-"l think Mr. Chennells brought them up himself to me at Hastings." Who told you about coining to Wellington tor Europeanisation?—"Cbcnnells." Mr. Skert-ett: When Mr. Chennells saw vou about being Europeanised, did ho explain to you that Beard and ho would be able to acquire a larger area each of your land if that were done?— "No, I don't remember that." ' You agreed to fell Mangahuia to Beard and Chennells ?-"I Mgreed to sell only one part, and that was 500 acres running next to Strang's." You thought you were selling 540 acres and not the whole lot?—" Yes." And you don't remember what transfers you sisned ?—."No," The Europeanisation Proceedings. The Commissioner: Did you give evidence in the Court belore Judge Giit'edder when you were being Europeauised? —"He just asked me a few questions." Do you remember what they were?— "There was one in particular that 1 took notice of. Ho asked mo about how I caiuo to spend «tll,ooo, and 1 told hiui 1 had bought a property in Mastevton for M>m."

Hid lie ask you any questions to test your knowledge of what you were doing? -"No."

I want to know what you yourself understood ns conveyed in this application to have you Europeaiiised. First let mo ask you this: What language did you know first?—" English and Maori."

You learned them both together?— "Yes."

I don't suppose you had a thorough knowledge of both of them?—"l would not sn.y a thorough knowledge." Was it explained to you exactly what it nieaui to mako you a European? In 'the first place, you know that Maori dealings in laud are more difficult than Europeans', that a Maori cannot sell his laud without restrictions, and that making you a European removed all these restrictions, and enabled you to deal with .your land without restrictions? You .-understand that?—" Yes -

Was all this explained to you at tho time?—"l don't think so." It was not explained to you in detail what advantage you would haver—"l can't remember at all."

Have you got a bad memory?—" Yes, a very bad memory." Did you ever pass any standards at school ?—"Yes, at the public school. I passed out uf tho fourth into the fifth." It is (liiito clear that the Judge never asked you personally any question' with regard to your knowledge of what you were doing?—"l don't remember." You ought to remember this?—" That is the onlv question I can remember— about the .fcll.OOO-that he asked me." AVho appeared for you?—" Mr. Heard." How did you come to know Mr.Beard? —"Through Mr. Chennclls." Are you satisfied now that tho best was done fur you? ~ Do you think you should liavo been Europeaiiised?—"No." Are you satisfied that you are not fit to have charge of a big estate?—" Yes." It was suggested that you did not really know wh'.'ther this power 'if attorney was being given lo the Public Trust or to Mr, Chennclls. Was not the ywor of attornpv interpreted to you?—" Yes." You were asked to-day whether you thoroughly understood all the details, and you were not prepared to say?—"No, it, is 'such a long time ego" It is a long time ago, 1010. Did yon ever meet Dr. Fitchctt in connection with Public Trust Office business?—"No, I never met him at all." Blank Cheques. Mr. Morison: When you gave this power of attorney, did you understand it wa.s a power of attorney to the Public Trust or to Chonnells?—"l understood it was to CbenneJls,"

/When you gave cheques to Chennells did you over givo blank cheques signed by you?—" Yes.'' Was it a custom of yours to give him blank cheques?—" Yes." 'i'ho Commissioner: You had implicit confidence in Mr. Chennells? You had iki hesitation in putting yourself in hid power?—" No." Public Trust Office's Part. Sir John Pindlay addressed tho commission. Ho taul that tho reason why this inquiry had been set up was because ii became common, knowledge, even beioro the proceedings against Beard, that a long beries of over-reachmgs at the expenso oi ibis \oung Maori had taken place whilo Chennells was agent for the Public Trustee, in Masterton. Tho proceedings of tho inquiry in re Beard wero published, and tiie public became still more lamiliar with tne frauds—bocause frauds they undoubtedly were— which had been perpetrated by Chennells and beard. The Puohc Trust Ottico was regarded by the people of Wairarapa as being in some way implicated in connection with what was uone by Chennells while ho was agent for tho Public Trustee. It should bo understood, however, that these agents of tho Public Trustee were always men already carrying on business in the) towns where they lived, ami in this case the work for tho Public Trustee was quite a small portion ot Chennells's business. For many years Chennells acted as agont for tho Public Trustee in Masterton, and until the disclosure of his frauds ho had undoubtedly done good work for the Public Trustee.

The commission was sot up lor the purpose of enabling Mr. Hornsby, who for s»,ae timo past, and especially in Parliament, had made charges against Chennells, and had sought o> implicate at least one officer '•!' the Public Trust with knowledge of the misdoings of Chennells in his Capacity is agent of tho Public Trustee. Mr. ltonaldson Had been before the' commission, and had given his evideuco with extreme frankness ana undoubted truthfulness. There was no doubt that Mr. Donaldson was free from tho least hint or shadow of suspicion of complicity of which the Beard inquiry showed Chennells to have been guilty. The late Public Trusteo had urged .that a commission of this character should be 6et up. There was no other way of meeting thesb rumours, which wero doingharm to the office. Mr. Morison was selected by Mr. Hornsby as counsel, and the Public Trust Office had given to Mr Morison free access to every document or letter likely to assist in the substantiation of tho charges against the Public Trust Office. Mr. Hornsby had had tho assistance of experienced and industrious counsel, and he was invited to prepare charges, it would be for Mr. Morison to say wiiether there was a tittle of evidence to support theso repeated charges. Commission Not a Criminal Court., So far as Chenuelis was concerned, all that there was to know about him had been brought.lo lignt in the long proceedings in the Supreme Couvt. It would have been futilo to have had another elaborato investigation to come to tho same conclusion as the Court had come to about Chennells and Beard. Mr. Hornsby apparently thought that the commission should have dealt with Chennells in -home way. Obviously tho widest possible scope that could bo given to tho commission uncer tho law had been given to this commission. But under the law tbere was no provision for cue trial ot an ottciider by a commission. If Air. Hornsby had taken that view, then he hopelessly misunderstood British law:. Chennells's conduct was in the highest decree improper, unconscientious, ami fraudulent, but every lawyer knew that there was a clean-cut division between civil fraud and fraud -which might no made the basis of a criminal chavge. Chennells's conduct was relevant to tne inquiry only so far as it was necessary to inquire whether the Public Trust Jtfice was concerned.-- Ho there to • say that no officer of tho Public lrust wiis party to or knew anything of the misdoings of 'Chennells. Counsel argued that the Public Trust Office had done its duly in full measure in dealing with' tho affairs of korehomn. After the Native became of ago he passed out of the protection of the Public Trust Office altogether. It was a scandal that such a man as Kerehoma should have been ffiuropeanised and given full control over his property. If the commission did no more tnau to point out the necessity for repealing the law regarding Europeanisation, or to provido it with safeguards against such scandals in future, the commission would have been useful. Counsel felt quitb confident in asking that the Public Trust be discharged from all shadow of blame for supposed complicity in the frauds.

Scope of the Commission. Mr. Sjkerrett said that ho wished to cmpnusise what had fallen from Sir Jolin Puidlay as vo tlio scope of the commission. The commission did uol uutnarißC Mr. Bishop lo try Cheimelts or Beard or any other person regarding dealings in the lands of iverehowa. It was even more than donbtiul whether the commission would have given him power ij) inquire into Hie conduct of Mr. Cheiineils while he w.as holding the position of district agent, for the Public Trustee in Mastertotf. Chenneik Mas not in the Public Service. A : o one, even speaking colloquially,' would regard him as tin officer ot the Public Service. Tins question had been unimportant because tiie commissioner had reserved decisiou of it, and had allowed -the fullest inquiry possible into the facts, upon tlio supposition that it might turn out that Cheuneils was, wjiile he was dealing with the lands of this Native, iu some way or other an officer of the Public I Trust and misusing his position as such. The mere fact that the Public Trustee collected rents for Bangi was irrelevant to the inquiry. The »videnco of Eangi was that this was not even known to him, ,-so that he could never have.had the idea that ho was dealing with Cheuneils as agent of tlio Public Trust Office. He had not before understood that there were persons who had such a grotesque idea as that the facts ns disclosed to tlio coni- ' illusion were such iis to justify a criminal charge against Cheniiclis or any other person. The Court of Appeid had held, and Mr. M orison did not dispute that both Mr. Chonnells and Mr. Beard were entitled to buy land from Rang} Keielioinii provided they threw round him that protection which the Court, required should be thrown round a person who was being dealt with by persons iu a fiduciary relation to him. Mr, Hornsby's Bombshell. At this stage a telegram was brought into-the room and handed to the commissioner, ivho read it aloud. Tho telegram was from Mr. Horusby, and was as follows:— Regret no other course open to me but retire from commission, and iequest my counsel through you do same. Was promised full inquiry, but blocked by counsel. Sir John Pindlay. ,1 must say this is | exceedingly unfair on the part of Mr. Hornsbv. Mr. Horusby sought this inquiry, 'and he had the fullest opportunity of bringing any charges he could before the commission. He specially desired Mr. Morison to be retained as counsel, and I am entitled to ask Mr. Morison to state whether in his opinion any of these charges against the Public Trust Office have been in the least degree substantiated. Mr. Horusby has shown gross unfairness. He lias allowed tlio time to come when his counsel should have addressed you, and now Mr. Horusby seeks to withdraw and reserve the rigid to go away and say lie was blocked. .1 protest most vehemently against this action of Mr. Horusby. Tho Commissioner: Of course, tho difficulties touched on by counsel as to the scope of the woro fully appreciated bv me. Sir John Findlav: I think it will be conceded that the scope of the inquiry was the widest that could possibly tie given within tho Act. .Mr. Skerrelt said that in spite of tho fact, that the Commissioner was aware of tho difficulties about the scope of the inquiry, lie had in no way curtailed the I evidence brought before the inquiry. Tho commission had received every little of evidence that: had been offered, and if Mr. Hornsbv had other evidence in his possession lie would have been perfectly free to tender that evidence.

The Commissioner: No one can suggest that Mr. Morison lias not been absolutely fair in bringing everything before me. I am very sorry Hint tho commission should 'have; gone so far and this difficulty arise. It was entirely unforeseen by inc.

Sir John Fintllay: Mr. Tfnrnsby wrote to me to 6ay that he ivpulfl be present,

and that ho would insist on making a statement.

The Commissioner: Ho would havo been allowed to do so.

Mr. Skerretl: It may be that Mr. Homsby's telegram to yourself, sir, is a high compliment to Mr. Morison. Mr. Morison: I am requested to with-, draw as affecting Mr. Hornsby. I have had no time to consider the position, but I feel that there is an element in this commission besides merely representing Mr. Hornsby. /It may be that I havo no locus standi before the commission, except that I might have something to say as amicus curiae. My own view of the matter is that the commission should go to completeness and conclusion, but I personally can no longer appear for Mr. Hornsby. I have taken (ho fullest pos6iblo steps to obtain all evidence within tho scopo of the inquiry.

"Degree of Guilt." Mr. Skerrett went on with his address: I venture to think," ho said, "that if tho matter were impartially examined the degree of guilt on tho part of Mr. Ohcnuells ought to be very considerably mitigated. He was tho victim of the system, or almost a system, by which purchases of Native land aro made throughout the country by all those who •i w i tlvo , land . inclllt lmg thq Crown itself, based on the Government valuur\ n ls familiar la w that the Native" Land Court must check tho adequacy of the purchase money by "inference lo tho Government valuation. It is a practice prevalent from one end of the country to the other that private persons and the Crown buy land on the basis of (ho Government valuation. This land was bought at .fill lis. n er MIC> whei . ras tho Government valuation was ill ss„ and that was a recent Government valuation. Another observation I desire to '"Ii , IS -i tl l at the du 'y wllioh Mr. Chennells tailed to observo was one not obvious to tho layman. Apparently, Mr. Beard made some effort to perform the duty of seeing that Kerehoma wns sepalatoly advised as to the contents of the mtrunients, and also as to tho axped" m»cj of the transaction from a commercial point of view. He fell short ln that duty. I only want to say that Mr. Chennells ought not to be held responsible for that. 1 havo no doubt that there "is not a man at the table here to-day vho AM* M t think that if this Mangahum bock had not boe„ purchased by Chennells and Beard at the Government valuation it .would ere this havo been purchased by someone eleo oh tho same terms. Counsel went on to argno that the mere iact that Beard and Chennells had agreed to pay an additional sum to Kerehoma for the land should not bo taken as evidence that the land was worth this extra sum. Beard and Chennells na«l in the meantime purchased adioin»"K """I. ro»ded it. subdivided it, and stocked it It would have been a hardship to them to have had to return the land, and they bad to agree to whatever terms were proposed. The Europeanisation Law. Mr. Skerrett to' rnvrteu by the' Commissioner to make auy N suggestion he •might care to make on tho general question of the Europeanisation of Natives. He said' that Jiuropeamsatlon was not necessary at all if tho only purpose of it was to dispense with the protection to Natives allocating their land byv requiring the approval of the Native ■Land Cour.t to the transactions. He could not seo any reason why the approval of the Court should not be necessary to the transactions even of intelligent Native*. One of the difficulties was the very wide definition of Native iu the statute. It dragged in a number of persons to whom it was ignominious to havo to submit to tho provisions of the statute.

The Commissioner: It seems to. mo very difficult to safeguard the position unless you abolish Europeanisation altogether. Sir John Findlay: That is the safer course to pursue.

The Commissioner: I think anybody seeing Eangi Kerehoma here to-day would wonder how the matter was safeguarded at all, how any stops were taken to find out whether he wos fit educationally or constitutionally .to h'avo charge of such an estate. Mr. Morison Speaks. Mr. Morison: "Tins telegram which you have received, and wlucn purports to withdraw my instructions to appear, somewhat changes my standing before' ihe commission, in iuc:, it completely changes it. However, X feel that uiucn is due in respect to a commission of His Excellency, and I feel tuat 1 should.not withdraw without making some observations in regard to the case. This commission was the result of a speech or speeches made by Mr. Hornsby from his place in Parliament, in relation to tho alleged spoliation of Kerehoma by Beard and Chennells. And also, I understand that the Public "'rust Office was alleged to be implicated in the transaction. I had everything to do with tho action brought by Kangi Kerehoma against Chennells and Beard. . . . With the statements made-in Parliament I have nothing to do whatever. 1 have not tho least doubt that they were made by Mr. Hornsby from a sense of public j>uty, on such materia/ as ho had available then. I was invited to frame certain charges for the purpose of placing the issue before this commission. Naturally the first thing I did was 'to see what evidence could be found to justify charges against individuals. I was particular about this simply because in the ordinary way no lawyer who feels a sense of responsibility can feel justified in making charms against individuals without evidence. Tho mason is obvimis-thntevenifihe diivrw fail the stigma remains. Therefore, I took some pains lo make inquiries myself, and to set afoot other inquiries, as to what chaTges could be. preferred within the scope of ihe commission. Mr. Ronaldson Freo from Blame.

"As to Ohennells there was no difficulty whatever. There was a suggestion ot some complicity on th* part ot Mr. Donaldson. I received all the papers that were relevant, and 1 have come to the conclusion that I would not bo justified as solicitor c-r as counsel or as a prosecutor in making any charge whatever of neglect o- dereliction of duty in connection with this matter. I venture to say that the evidence which has been given hero justifies that view. I should liavo even less hesitation now, with a fuller knowledge of the facts than I had then. I desire to say that in fairness to the Public Trust Office as apaiv from Mr. Chennells, and in fairness to Mr. Ronaldson. "With regnrd to Mr. Chennells the position is wholly different. It cannot pcisI siblv bo gainsaid that this purchase by Chennells was the direct consequence of his being the Public Trustee s agent, and nf tho estate being in the Public Trust. The estate was in the Public Trust prior to Rargi Kerehoma coming of age. Either before that time or immediately afterwards Mr. Ronaldson introduced Chennells to Tiangi as the person who was to look after his affairs, ft was that link in the chain of circumstances which bound the. proceedings after his coming of ago to tho proceedings prior (o his coming of age. Refine it how von may, one's common sense comes bacV to the conclusion that it was by reason of CheniHVs connection with the Public Trust Office that he was enabled to purchase from Rangi at a pros* nmWvnlne. That anyone else in the Public Trust; Office is connected with the matter in any way that requires reprobation T am not going to submit. So far as I know the, whole evidence has been got, and I believo the Public Trust Office, j other than Mr. Chennells, is not under any stigma with 'egard to any dealings) iu'ltangi's nroperty.'' Mr. Morison went on to refer to the "eneral question of Eurcpeaiiisation. lie snid that anyone who had had any dealings with liftiigi would, know that he was not a proper poison to be Europeanised Counsel would not find fault with Judge Clilfcdder; the fault was that the material which shouM have been before, him to enable him to come to a correct decision was not before him. The Judge was not to know that Beard was applyin? for EiiropesinisaUon for Rangi, not. in'Rnngi's interests, but in his own. The Eiironennisntinn was pari and uarcel or (he transaction. It seemed to him (counsel) that (here were Natives who could he Europe.iiiv:ed with advantage all round, and others that could be Europeanised onlv to their detriment. His opinion was that the matter must always be one for determination by the .Tudmi in every particular ca'e. and there should h« mnr'o evidence tendered to lv'm to enable, him to conic to n right conclusion. The Commissioner said ho would report in duo course (o His Excellency,