THE NEW SETTELEMENT SCHEME.

Evening Star, Issue 8503, 30 April 1891, Page 1

THE NEW SETTELEMENT SCHEME.

Tuk Farm homestead Association scheme is, we very much fear, likely to break down, owing to tha right of ultimately obtaining the freehold of the land not being conceded. We pointed out the probability of thia when the regulations were gazetted, being convinced that the sentimental longing fort freehold of their own has as much weight as ever with intending selectors. It may be proved to demonstration that a perpetual lease, in the case of a bona fide settler, is for all practical purposes as secure a title; bat the desire to possess their holdings in fee overrules other considerations, and with many of the agricultural class "earth hunger" is a passion inherited from Celtic or Saxon ancestors. The most sound and ingenious arguments, under such circumstances, fail to convince; and the well-intentioned attempt of the present Ministry to retain the fee simple of the land, under the new system, in the hands of the Grown will almost certainly fail, as other attempts in the same direction have hitherto failed in New Zealand. From an economic point of view, the perpetual lease tenure has clearly many advantages, and the terms in this instance offered are as liberal as they well can be; bnt reasoning is vain against deep-rooted sentiment, and the knowledge that the land is never to be their own annuls the undoubted attractions of the scheme. As a matter of fact there is very general dissatisfaction among the classes from which the Farm Homestead Association would naturally be formed; and it might be prudent in the Cabinet to oonsider whether, after a substantial period of leasehold occupation and a complete fulfilment of improvement conditions over the whole area occupied, the lessee should not be entitled to purchase. This conceded, the probabilities are in favor of success being achieved. Already associations have been projected in the North Island for the purpose of founding special settlements under the new system; but in no case that we are aware of are the members, or intending members, satisfied with the terms and conditions as gazetted. Delegates from these associations in the Manawatu met a few days ago the Palmerston North Chamber of Commerce in conference, with the object of discussing the regulations, which they appear to have done very exhaustively. The chief objection raised was against the withholding of the right of purchase; and it was unanimously resolved " that the meeting " considers that the right of purchase should " be conceded to members of special settle"ments taking up land, as provided in "section 150 of the Land Act, 1885." Mr H. S. Fiizhehbebt, a practising solicitor and barrister who represented the Hutt in the two last Parliaments, raised the point as to whether the Executive had power, by Order - in-Council, to establish a system of perpetual lease without the right of purchase. He declared that this particular regulation was ultra vires, contending that section 150 of_ the Act of 1885 could not be set aside by regulations made for the conduct of special settlements under section 163 of the same Act. Section 150 la contained in part 4 of the Act, which relates to "perpetual leases of rural land"; and it is thereby enacted that, " should the " lessee, within the period of Bix years, have " complied with the conditions of improve- " ment as sec forth in this Act, then he " shall be entitled to acquire the fee simple "of the land comprised in his lease at a " price to be fixed at the time the lease is " granted, which shall not be IeBS than the " capital value on which he has paid rent at " 5 per cent." Part 5 of the Act deals exclusively with " special settlements." The Governor is authorised to set apart blocks of rural land for this purpose, and to fix terms and conditions of occupation. The first is to be done by proclamation in the 'Gazette'; the seeond by Order-in Council. Seotdon 163 declares that " the Governor-"in-Council may from time to time "make, alter, and repeal regulations for "fixing the terms and conditions upon " which the lands in any special settlement " shall be disposed of;" and it is specifically enacted that the land may be sold at a price to be fixed by competent valuation, "not " beiDg lesß than £1 per acre, or may be " disposed of on perpetual lease at a rental "of hot less than Is per acre; in either ease "subject to such conditions as may be " prescribed hy regulations made under this " section." It is under this clause that the regulations of the Farm Homestead Association Special Settlements have been made; and it certainly seems open to argument whether the Governor-in-Connoil —practically the Ministry of the day—can, in respect to these special settlements, eliminate a leading prinoiple of the perpetual lease system of tenure established by statute. The regulations, we may presume, before being gazetted were submitted to the law officers of the Crown, and approved by them as to their legality. But such matters are not infrequently, as experience has proved, dealt with in a very perfunctory manner; whilst the AttorneyGeneral, himself a member of the Cabinet, may be conceived to be inclined to take rather a Ministerial than a professional view in interpreting statute law in cases where important questions of poHoy are involved. The Minister of Lands had better, so far as this may be possible, make sure of his ground before he allows settlements to be formed under the new regulations; or the settlers may be found, after six years' occupation, moving the Supreme Court in order to establish their right of purchase under the Act of 1885. Should they succeed, very serious complications would undoubtedly, arise under the Association scheme. The Conference agreed that the conditions as to residence and improvements were not very stringent, and might be accepted as they stood ; but it was decided to ask the Minister to consider whether improvements to the value of double the amount fixed as the minimum might not be accepted in lieu of residence—a request not at all likely tobeaccededtobyMrM'KsHziK. There appear to have been lengthy dlflCDß- | sions in regarl to survey fees and the proposed reserves for townships in each block ; but as the delegates from every association represented declared that no land would be taken up unless the right of pnrohase was conceded, it can have been hardly worth while to expend time and energy over these matters. Even if the Minister of Lends could be induced to give way on this point, the Cabinet certainly cannot be expected to do so except under the pressure of necessity. One of their leading objects in the scheme is to carry out practically on as large a scale as possible the principles of land nationaliaation. ''■ l ■■ • - The BUI to vest in certain trustees the property in Stratford-on-Avon known as Shakespeare's birthplace, and to provide for the maintenance in connection therewith of a library and museum, has been allowed to pass through the Committee of the House of Lords. The Committee appointed by the Italian Government to investigate and report a plan to connect the City of Borne by a ship ""»*! with the sea has reported that the project would cost 80,000,000 lire. The arbitrators in the recent Donelly-Bacon-Shakespeare controversy have pome to the conclusion that if WflOam Shakespeare did not write the works attributed to him, it was someone else of the same name. In Germany they are using meal as a substitute for coffee—that is, among the lower classes. Of course the wealthy still find that the Java and Mocha berries are good enough for them.

[PUBLISHED AT 5 P.M.I