THE BENMORE RUN.

Evening Star, Issue 6914, 29 May 1885, Page 1

THE BENMORE RUN.

We hardly think it necessary that a formal opinion should be obtained as to the rights of the University of Otago to deal with its own reserves. The statute is perfectly clear upon the point that the powers of the Land Board in respect of such lands are vested in the University. Sections 3 and 4of the Otago University Reserves Vesting Act, 1881, are of course to be read together, and distinctly enact that the Land Board of Otago " shall not have, exercise, or perform " any powers or functions over or in respect "of the said lands," but that the governing of the University is to do so, in accordance with the provisions of the Land Act, 1877, and of all Acts relating to goldfields and gold mining. The University Council, in regard to these reserves, is exactly in the place of the 1 Land Board so far as administration under the Land Act, 1877, is concerned; but there is nothing in the Land Boards Inquiry Act which gives the Council the specific powers thereby conferred on the Land Boards ; nor does any enactment in the Statute-book, to our knowledge, assume to prevent; pastoral tenants of the Crown or licensees under the deferred-paynvent system from leasing or acquiring iand from corporate bodies or individuals, xhe law insists very properly that the favorable terms offered by the Government for thq, conditional purchase or the leasehold occupation of land shall not be abused to the acquirement of large estates; and that, so far as is practicable, the lands of the Crown shall be available to numbers of settlers rather than to wealth. It was never contemplated to interfere with lands which have absolutely passed from the Crown by grant or endowment; nor do we think that proposed legislation in such a direction would be even seriously considered. Mr Begg having baited Mr M'KENZiEat the Educationßoardlastweekoverthequestionof travelling expenses, the latter gentleman proceeds now to give him a taste of his quality as a member of the Land Board; or is it a mere coincidence that he should at this particular time hunt up the purchase of the lease of the Benmore Run, a transaction which took place more than two years ago? The " M'Kenzie clause," as the member for Moeraki with commendable modesty calls section 67 of the Land Act 1877 Amendment Act 18S2, declares that no pastoral tenant of the Crown occupying lands capable of carrying 20,000 sheep shall be entitled to become "the purchaser or transferee of any "additional pastoral license or lease." The intention of the Legislature herein is quite evident, namely, to restrict the extent of Crown lands to be held by any one person or company for pastoral purposes, and thus prevent the monopoly of large areas in the interior by wealthy squatters, who by this means have no doubt impeded the settlement of a class who would be most valuable towards the development of the country. The great requirement of New Zealand is population, and it is right that the laws should be based on, and so far as possible carry out, the principle that the more men to the square mile the greater will be the progress of the Colony. Every description of settlement should be encouraged, and there is not one perhaps which will prove of more direct benefit than that of yeomen farmers, who, in addition to land for cultivation, shall have depasturing rights over small runs. By all means let i available country \>e used, ior the- purpose ; I but it is not necessary to the success of such I settlement that we should kill the goose with the golden egg—the great pastoral interest—which provides by far the most valuable staple export of the Colony. The argument of Mr M'Kenzie, worked out to its logical conclusion, appears to amount very much to the contention that no sheepowner should under any circumstances be permitted to have more than 20,000 sheep or to occupy a greater area of land than will depasture that number. It would be utterly preposterous for the State thus to interfere with an important industry, with the rights of property, and the liberty of the subject. In regard to the special matter of the purchase of the lease of the Benmore Bun by Mr A. C. Begg as attorney for an absentee, and the continued occupation of the land by R. Campbell and Co., taking Mr M'Kenzie's own story as correct, it would certainly seem to be a private matter of business between the Otago University Council and Mr Begg. Whether it is good policy and advisable in the best interests of the people that large endowments of land should be granted to corporate bodies to do very much as they please with, is quite open to question. We are inclined to think that in no case should they be granted unreseryedlyy'bulj that due precaution should be taken that the administration should not be in the direction of impeding settlement, or should in any respect conflict with the spirit as well as the letter of the laws regulating the disposal of Crown lands. We believe,-however, in the instance of the Benmore Run that the University Council acted with a wise discretion in leasing the country for depasturing purposes, for which alone it is at present suitable; and that they were fortunate in securing a good tenant who pays a fully adequate rent. We presume the lease to Mr Dochartv is in the ordinary form of such documents and entitles the lessee to the usufruct of the land in accordance with the usual conditions. If it be a fact that the sheep of R. Campbell and Co. are depasturing thereon, for aught that is known to the contrary that firm are paying so much a head for the same; so that even were the land held under pastoral lease from the Crown, the fact of dummyism could not be taken for granted, since it might be shown that the stock was "agisted "to the lessee or licensee upon adequate " terms, or for an adequate money con- " sideration."

Consideration of the resolution moved by Mr M'Kekzie was postponed by the Land Board for a week. In the meantime the University Council may possibly have something to say on the matter, whilst no doubt Mr A. C. Beuo will demonstrate his existence and connection therewith. Some advantage will be gained,. if not exactly in the direction desired by the mover, in the attention that is likely to be prominently directed to the subject of of the valuable reserves' held for educational and other purposes.