EVENING POST. THURSDAY, SEPTEMBER 18, 1902. AN IMPORTANT VALIDATING MEASURE.

Evening Post, Volume LXIV, Issue 69, 18 September 1902, Page 4

EVENING POST. THURSDAY, SEPTEMBER 18, 1902. AN IMPORTANT VALIDATING MEASURE.

In moving the committal of the Land Titles Protection Bill in the Ilouhe last night, the Native Minister described it as one of the most important Bills which lmcl over been brought before Pnrliuinent. By a recent judgment in the case of Tuuiuki v. Baker, it wns rulpd that titles of lands once held by native owners, Crown grants and subsequent land transfers notwithstanding, were open to review by the Courts of New Zealand. Upon the Btrength of this judgment, which if followed to its logical conclusion, tho Chief Justice has said w6ukl spell ruin. and. chaos, the titles lo valuable estates held under grant and land transfers for over a quarter of a century have been challenged in the Supreme Court of tho colony, nnd though these cases have been dismissed by the Court of Appeal the defendants have been put to grout expense, while there must naturally follow a feeling of comparative insecurity among tlje owners of lands similarly liable to attack, und it corresponding shrinkage in the value of such securities. "In plain English," said the member for Napier ' lnst night, "the owners of 1,500,000 acres in the North Island holding their land under a Crown grant and land transfer could be served with a. writ and their titles questioned." The native mind, easily incited to litigation, is naturally much excited at the possibilities arising out of Tamaki v. Baker, and it is fair to assume that they will not lack legal udvicers who will en- ' courage thorn to enter upon actions at I law, however rwnole the chance of success, when the issues are so great. This journnl has always stood for the preservation of the great remainder of the native land for the benefit of the race, but these are properties that have long since passed out of their possession, and after duo enquiry been invested with the most absolute title the Crown can bestow. The Government now ask that these titles be made by Act of Parliament unassailable, and, considering all the circumstances, and the magnitude, of the interests involved, we think the Government is doing that which is right. The provisions of the Bill have boon already set out in these columns, and excepting as to one of theso, no objection can be token. A title may be challenged if the Governor-in-Council is satisfied that a prima facie caso has been made out. This means that the Government- of the day may at its wiR permit the title of any of tho estates atfected lo be assailed. This is the power to reward or punish that the present Government has dotlwd HseK with whenever opportunity has, offered, uiider every Act it has placed on the Statute-book. There may be, probably are, cn*es where tin* native owners havo been induced to purt M*il4i their lands by fraud or misreprttsoivltttion. and a. way should bo left open for redress, but it is not fitting that the Government, which, aj>arl from other rensotiH, i« tho largest owner of native lands in the cujotiy, should decide whether a prima facie case can be made out for reference to a Court of law. List night -Mr. PiriMH, who, like ourselves, (looh not like tite Bill, but realises flu* necessity of validfiiiiig*t*uch titles, waul that it would be better to set up a non-political tribunal to which the question of the establishment of a prima fncie case could be referred, ami he suggested that such tribunal should consist of the Chief Justice. Later Mr. Atkinson, whose opinion on such a subject must command 'ho reapugt of Iho i louse, expressed the opinion that there would be mi difficulty in investing the Chief Justice with tho neceßKivry authority. Such an amendment in the Bill wonld, avo feel sure, prove acceptable to both races, and wo trust that the Government may be induced to agree to it.