Evening Post. MONDAY. APRIL 16, 1894. MR. SEDDON AND JUDGE BARTON.

Evening Post, Volume XLVII, Issue 89, 16 April 1894, Page 2

Evening Post. MONDAY. APRIL 16, 1894. MR. SEDDON AND JUDGE BARTON.

The Premier, it appears, attempted at Giaborne to justify himself in the eyes of the Liberal Association by replying to Judge Bauton's censure on the Government in relation to the establishment of the Validation Court. The explanation may have been satisfactory to the Giaborne Liberal Association, but it will certainly not satisfy the independent public It rather makes the action of the Government appear worse than Judge Barton represented it. The Act came into force on the 6th oi October, and it was passed through Parliament as being really a matter of urgency. It was understood from the first that Mr. Bap.ton was to be appointed Judjre under it, but he was, the Premier says, kept at ordinary Native Land Court work until the end of January. He became Validation Jndge on the Ist of February. Nearly four months had thus been wasted. The Governor is empowered by the Act to make general rules for regulating the Bitting of the Court, tor its practice and procedure, tho admission of evidence, the issue and Bervii:e of process, the payment of expenses, the admission of counsel, and a number of other mattes. The Government did nothing whatever towards making these rules until tho Judge was appointed, and then it asked him to draft them. Of course the Court cou'd not sit or do anything in defanlt of the rules. The Judge in due course drafted tho rule fl, which ahould have been prepared in readiness for him by the Law Officers. When the Judge's rules wero submitted to these officers thoy pronounced them nnworkable and in some respects ultra vires, and they all had to be revised, and.it was only last week they were completed and gazottud. if it bo true, which we doul,t, that the Judgo proved at the outset incapable of _ drawing up a sot of workable rules within 'the four corners of the law, it certainly does rot cay much for the discrimination of Ministers Hi their solection of a Judge, or afford any rca* omtble expectation that a .Indgii unable to do £ucli a pimple thing is lik'jly to bo able to deal BatUlaclorily wUh tin" many complex questions which will arixe in th" administration of the Act Those who know JadpeßißTON, however, will accept the Premier's statement only with a very large proportion of salt. The Premier also attacks Judge Barton for desiring a complete and separate Bet of officers for his Court, and tries to make out that the Government, in ita tender regard for the taxpayers, would not sanction anything of the kind. This was merely throwing dust in tho eyes of the Liberal Association Judge Bvrton complained that no officers ware appointed. He said nathing to imply th*.t he wanted officers exclusively devoted to the business of the Court That he needed officers must bo apparent to everyone He had no power to appoint any, or to utilise even temporarily the services of the officers of the Native Land Court. The Act provides that " the Go " vernor shall from time to time appoint '* anoh Native Assessors, Registrars, In- " terpreters, and Clerks as may be required " for the conduct of the business of the " Court ; all suoh persons to hold office " during the Governor's pleasure, and to be " paid for their servicos such salaries as " bhall from time to time bo appropriated " for the purpose." The Government could have appointed the officers of the Native Land Court to be also officers of the Validation Court, but it did not do so, and Judge Bakton, therefore, could not so employ them. The neglect was entirely on ths part of the Government. It was the duty of the Government to supply tho Judge with the necessary expert and clerical assistance, without which he was powerless. This duty the Premier, as head ot the Government and -Native Minister, wns doubly to blame for neglecting. All the talk about the taxpayers not being burdened was the purest bunkum. Then the Government hnngled still further in requiring Judee Barton, after his appointment as Validation Jndge, to continue to act as Judge of the Native Laud Court. It had him aent to Tologa Bay in tbe latter capacity, and when he telegraphed protesting that it was not legal for bim to act, and the Law Officers expressed doubts on the subject, he had to be sent back agnin, and tl'O Native Land Court at Tologa Bay bad to suspend fitting, as thine was no J udge. The whole faota ot the cape supply a rcco d of confusion, muddle, blundering, and neglect of duty on the part of the .Native Jjopartment and tho Government geuerally which is exceedingly discreditable to those responsible for it, of whom the Premier and Native Minister stands in the foremost position. He lias only made that position worse for himßolf by his so-called explanations to the Giaborne Liberal Association The colony is indepted to Judge Barton for having mado the facts known.