NATIVE LAND CASE. A PLIMMERTON SCENIC RESERVE.

Evening Post, Volume LXXV, Issue 24, 29 January 1908, Page 2

NATIVE LAND CASE. A PLIMMERTON SCENIC RESERVE.

Chief Judge Jackson Palmer, sitting in the Native Land Court to-day, delivered judgment in the matter of an application bdged by the Minister of Public Works under section 91 of tha Public Works Act, with respect to tho compensation payable to natives interested in a section of land at Plirnmerton set apart as a burial ground, and taken under the Scenic Reservo Preservation Act. Mr. H. D. Bell, X.0., ajppeared for tho Crown, and Mr, C H. Treadwell for the Public Trustee. , His Honor, in giving judgment, stated that the court held that until the passing of tho Native Reserve Act in 1805_ the land in question was vested in Wi Parata for the purposes of a burial ground for tho Ngatitoa tribe; but by 'that Act it was vested in the Public Trustee as a native reserve for the purposes abovementioned.,' By section 32 of the Maori Land Claims .*tf£sament Act of 1906 fcha land was made a scenic reserve. In September, 1907, the Minister for Public Works applied to tho Native Land Court to assess the compensation to bo paid fo> the land under section 91 of tho Public Works Act, 1905, and on 2lst January, 1908, tho Minister withdrew the application. This withdrawal was opposed by the Public Trustee, and the preliminary question, whether tho Minister 'had power to withdraw, -was brought before Ihc Native Land Court for decision. The court had decidod that the land in question .Tas native land, and that the court had jurisdiction; >ilso tb,at as section 91 of tho Public V.'rks \ct provided that Iho Minister "may" make the application to assess compensation, and that tho local authoritits "stud)" do so, therefore these words were vied in contradistinction to each, other, md it was obvious that the legislature'intended th*t "may" should not mean "shall." The Minister was not., compelled to make application, therefor;* the Crown had the prerogative right to withdraw the application as the Grown was the guardian of the native rights. The legislature, no doubt, left it in 1 tha hands of the Crown to deal fairly' with tho natives, and so purposely used, under section 91, the word "may." "That applied to the Crown, while' the word "shall" applied to the local authorities.

Several names were misprinted in thn list of scholarship recommo&dationa by tho Wellington Board of Education; following are the correct names with the awards — Q signifies Queen, N National, and B Board scholarships : — Class A. : Natalie Constance Bourn Allen Q, South Wellington, ,704 marks; Oscar Borer, N. Te Aro, 600; Grahame George Vial, B, Terrace, 579; Herbert Neville Clapham, 8., Petone, 564; Robert Roland Coppock, B, Clyde-quay, 544; Albert Kelaway, B, Brooklyn, 536; Cyril S. Moye Hopkirk, B, Brooklyn, 533. ClaSB B : Margaret Mullan, B, Mangatainoka, 483; William Robert O'Leary, B, 455. Tha question, "Can a cyclist be a Christinn?" recalls one of the witticisms of Ike late C. H. Spurgeon. A man who \ru learning the cornet became converted, Mid wrote to Mr. Spurgeon asking if he should still continue to learn the cornot, now Us had become a Christian. Mr. Spurgeon replied ,that ho saw no harm in it whatever; on the contrary, ho urged tho convert to consecrate hJB cornot and his talonts to God's services ; but ho added, "Ono thing I *m very fctrre of, your next-door neighbour o&nnot bo a Christian."