The Evening Star. FRIDAY, AUGUST 13, 1897.

Evening Star, Issue 10392, 13 August 1897, Page 2

The Evening Star. FRIDAY, AUGUST 13, 1897.

Another act of the great Horowhenua

Horowhenua Once Again.

Block drama has just closed in the Supreme Court at Wellington, and the Hon. John M'Kbnzie ought to feel very

much ashamed of the part that he has played in it from first to last. It will be remembered that the Minister of Lands signalised the third reading of the Bill of 1895 by a violent attack upon Sir Walter Buller, which is now shown to have been utterly unjustifiable The immediate outcome was that Sir Walter Buller wrote a letter to the Minister challenging him to repeat his slanderous statements in some ■way not covered by parliamentary privilege, in order that he might have an opportunity of justifying himself and disproving the Minister's statements. Instead of accepting the challenge

the Minister brought the letter before the House as a breach of privilege, and made it the pretext for a still more aggravated attack. Of course the "dumb dogs," who constituted the majority of that House, carried a resolution declaring the letter a breach of privilege, and Sir Walter appeared at the Bar of the House to answer for his offence. It was generally admitted that Sir Walter, although he was allowed no time for preparation, triumphantly answered the Minister's charges of wrong-doing in connection with the Horowhenua Block, and it was thought that tbe Minister might have felt himself bound to apologise! But that is not in the Hon. John's line. The Act was passed, setting aside a judgment of the Supreme Court and relegating the whole matter to a Royal Commission. The Minister of Lands was thus enabled to constitute a tribunal to suit himself, and he appointed Mr J. C. Martin and Mr Bush (both stipendiary magistrates at the time) and Mr J. C. M'Kerrow (a friend and admirer of the Minister), whose qualifications for this position are not conspicuous. The result of the labors of the Commission was apparently quite satisfactory to the Government, for immediately afterwards Mr Martin received the appointment of Public Trustee at a salary about double of that he received as'magistrate, while Mr Bush was transferred to a better district, and Mr M'Kerrow has since then been well taken 'care of. The report of this Commission was a most remarkable document, and the manner in which it dealt with Major Kemp and Sir Walter Bdller was the subject of much adverse comment both in Parliament and outside. On the strength of this report the Minister of Lands brought down in 1896 a Bill the proposals of which were of such a character as to shock all except those Liberals, who think that whatever the Government propose must be right. As originally introduced, the Bill proposed to set aside titles that had been issued under the Land Transfer Act to Major Kemp and Sir Walter Buller, and to declare Kemp's other lands to be subject to a charge for large sums of money, which he said he did not owe. Sir Walter Bollkr's titles were to be set aside because, in the opinion of the Royal Commission, he had notice that Major Kemp, from whom he had obtained them, was only a trustee. In consequence of the efforts of a few opponents in the House and Legislative Council, the Bill was amended, and, instead of the titles being set aside by Act of Parliament, the Public Trustee was directed to bring an action in the Supreme Court for the purpose of testing the validity of titles, leases, mortgages, etc., and the action concluded on Wednesday is the result. Counsel for the Public Trustee (i.e., the Government, and especially for the Minister of Lands) has had to appear in court and unreservedly withdraw the charges of fraud preferred against Sir Walter Buller, because there was no evidence to support them, and to admit that there was no evidence to show that Sir Walter had notice of any trust on Kemp's part. How strange it is that Mr Martin, as Public Trustee, should have to admit that there was no evidence against Sir Walter Buller, seeing that anyone reading the report of the Commission, of which the same Mr Martin was chairman would suppose that fraud on the part of Sir Walter had been clearly proved. The treatment of Major Kemp throughout is the most disgraceful part of a disgraceful business, for it lays not only the Government and Parliament but the whole people of the Colony open to a charge of the basest ingratitude. Hero is a man who rendered to the Colony the most distinguished and valuable services during a critical period of the Maori War, in fighting loyally for the Queen whose sovereignty he had acknowledged, while Her Majesty recognised his heroism and loyalty by sending him a sword of honor. This is the man who has been made to appear to such disadvantage in the report of the Commission set up by the Hon. John M'Kenzie, and who with the utmost difficulty, consequent on the bitter opposition of the Government, obtained a hearing at the Bar of the Legislative Council in the session of 189G in defence of his own rights, of which it was proposed to summarly deprive him by Act of Parliament ! It must have been a remarkable and touching picture—that of the aged Maori chief appearing before such a body as a suppliant for justice, after he had so often risked his life fighting for the very men who refused to listen to him, and who schemed to deprive him of the ordinary right of a British subject to appeal to the courts of the land !

Let us hope that we have heard the last of Ho'rowbenua, and we have no doubt that the Minister of Lands will join us with fervor in the expression of that wish. He can have no reason to be proud of his part in this affair. The Colony will now have to bearthe expense of all the litigation, and we should not be surprised to hear of the Hon. John M'Kenzie more suo denouncing the Supreme Court and its Tory Judges for allowing Sir Walter and Major Kemp their costs. The Colony will not after all grudge the expense—heavy though it be—of the lesson, if it should have the effect of teaching the Government and Parliament how dangerous it is for them to interfere with the rights of property, and theordinary freedom of the individual in asserting his rights in the properly-constituted tribunals of the Colony.

The San Francisco mail is being brought to Dunedin by special train, which ia expected to reach town about six o'clock in the morning.

Additional subscriptions to the Victoria Children's Ward:—Kaikorai Presbyterian Church, £5.

We understand that Mr C. R. Chapman will contest the South Ward vacancy caused by Mr Fish's retirement.

The first Stuart prize poem of the Otago University was won by David M'Kee Wright. The subject of the poem was 'Queen Victoria, 1837-1897.' The result was announced to the English classes at the University on Wednesday evening by Professor Gilray, who read and commented on the winning poem.

At the Magistrate's Court this morning, before Mr E. H. Carew, S.M., Louis Faigan sued Montgomery C. Richmond for £4 17s 6d on a judgment summons. Mr Wilkinson appeared for plaintiff. There was no appearance of defendant, who was ordered to pay the amount still due, with costs, by weekly instalments, in default seven days' imprisonment.

A peculiar scene was witnessed at the City Police Court at Perth (Westralia) lately during the hearing of a case in which a Frenchman named Louis Donot was charged with stabbing with intent a countryman. The solicitor for the defence, in crossexamining the prosecutor, . elicited the admission that he had been convicted in Paris a quarter of a century ago for murder and was transported to New Caledonia, where he served fifteen months and then escaped. A well-dressed young woman who had been sitting in court, on hearing the admission, uttered a piercing shriek, crying "It cannot be true; he married me, and never told me this." She fainted and wtg carried from court. Donot was committed for trial.

Mr J. Mendelsohn sends ua £1 Is in aid of the Tasmania relief fund. . T H Ohio Minstrels give an entertainment to-night m Naumann's Hall, South Dunedin. Mr Wales having resigned his seat on the Harbor Board, nominations for the vacancy will be received by Mr O. Wedge, returning officer, until noon of the 23rd inst.

The Innocents Abroad' Is the title of Mr J. Fuller's myrioramio entertainment at the Garrison Hall to-morrow night. Miss Clara Mongredies and Mr Fuller will sing the ever-popular * Home to our mountains' f rem 'II Trovatore.' ■ Mr Meadows, who is secretary for the New Zealand Court at the Queensland International Exhibition, advises Speight and Co. that their bulk ale was more than equal to the best English in the market, according to the verdict of all the local brewers.

The attraction at the City Hall to-morrow; night will be 'Sweet Lavender,' Mr Lucas appearing as Dick Phenyl, a part sustained by him throughout England and South Africa for 500 nights. The Shakespearian contribution will be a scene from ' bichard lII.' In connection, with the Tasmania entertainment the list of performers announced for Wednesday evening next is a very imposing one. There will be a capital programme with such material. We are asked to call attention to the fact that the performance will begin at 7.45 sharp, as the programme is such a full one. The Garrison Band will play selections at 7.15.