Hawke's Bay Herald. FRIDAY, DECEMBER 11, 1896. A PLAIN UNVARNISHED TALE.
One of the oounts in Captain Russell's indictment of tbe Ministry was their interfeton.ee with the Law Courts, especially aa regards land titles, endeavoring to over-ride the dooisionß of the Supreme Court by setting up irresponsible parly committees. Among otlvero was the notorious attempt to destroy Sir James Ferguson's title to a block of land in the Walk&tO purchased from the natives. The Minister for Lands boldly alleged that Sir James, in bis position of Governor of tho colony, rcmovod restrictions on the sale of the block, bought it for a song, and that the Supreme Court i&auod a title becauso of party or class bias. A New Zealand Herald containing a report of Mr M'Keuzle's speech reached Sir James, nnd bo replied in a letter published in our Auckland contemporary's isaue of December 7th. A more crushing answer could not well by conceived. The letter Is too long for reproduction in our columns, but the gist of it can be briefly told. Sir James commenoes by etating that every statement of Mr M'Kcnzie was " absolutely unfounded in fact," bat ns he would not like to accuse a Minister of wilful mis-statement- (he ia evidently thinking of. Ministers as they were in his day)— he merely says he was "Htrangely misinformed." When Sir James came to tho colony as Governor in 1873 be found here a cousin, a young man who had come out as cadot to a land company, but who had worked his way to a responsible position. This cousin desired to settle on the land, but had not enough money, so he asked Sir James to assist him. This he did, and a freehold called Taotaoroa, in the Waikato, was purohased. Tho young man thought this was not big enough, and wanted to buy a piece of native land aorosa tbe river, Sir Jamos then gosa on to say :—
I said that my consln ehou'd have nothing to do with It, unless the title was clear, as Government was opposed to the direct purchase ot native land by Bnropeans; and then the matter dropped. Some time afterwards my consin told me that the man who held a lease from the natives with a right of pre-emption wo a In possession of an official intimation from Government chat the title coald ba granted. I understood that everything afterwards would bo done acoordlng to law and assented to tho purchase, as I was to as&lefj my cousin In finding the money. But when I was in New Zealand I had no Idea of becoming myself the proprietor, aud it) is absolutely untrn<3 that directly or indirectly 1 inteifored with the action of Government In tho matter. '!My impression 1b that the promise to advise the grant was mndd before I oame to New Zealand, but us to this I do not kno>v, one way or tbe other. By degrees It beoamo apparent that the business was far too large for my cousin's mfjncs ; I ssnt out a groa?. detl of money for the improvement of Tijotaoroa ; nnd at last I was obliged to t-.i;e over oho entire possession, from which I tnay say thud, notwithstanding a liberal cxpauditure aud n largo employment of labor, I havo never derived aiiy profit/ or received any interest) on my expenditure.
Tho amount of purchase money wbb fixod by the Nativo Land Court, duly paid ovor, ami the deeds signod, all ia strict aooord/iuce with law. But when, several years ago, ha appliod for a certificate of tillo, he found suoh diffi. culties thrown iv the way that in 1894 he carao to New Zealand to discover tha reason. Ho applied for a certificate, and the Registrar admitted that it ought to bo issued, but stated that he waa restrained from doing so by ordera from Wellington. Sir James then went to tho Supremo Court and applied for an order cnmpelliug the Eegistrar to issue a certificate. The order was granted, despite opposition by the Government. The Government then appealed, using tho taxpayers' money to fight a private individual and deprive him of his rightß. Bat the case was so clear that after oounsol for the Government had stated his oase tho JudgeH, without culling ou Sir James's couuhbl to reply, dismissed tho appeal with some ueveru comments. The Government then tried to over-ride the Supreme Court by setting up a biased Parliamentary Committee. Sir James thus oomments on the action of the Government :—
The Hon, Mr M'Kenzie, n responsible Minister, is reported to have tald that oum oi thie Judges "'set atlde any recommsnilutlun made by a committee of the Honse of Kepresentatlves when some person was iubeiested who belonged to a ourtnia clsbs of paople lv the colony." It is novel under the British Coautitution to net up r> committee of Pdiliament as a tribunal to decide iegal rights, la my poor experience Parliament can impose a pnlloy, bat has never claimed to Interpose between an individual and Rich ilgbts aj hs may have acquired under the existing law la the judgment of the highest Cimrt of New Zealand I am entitled to hold tho land iv queaitoo, In regard to which I have fulfilled «vary olftim j I hive lost heavily by belug kept for mote than 20 yoars ont of properly lor my Interest ia , which 1 paid thousands of pounds so long ago and I bave since paid according bo the direction of the appointed Court all that : w»b due to the tribal owners ; nod 1 now protest ia thu n»me o( common fairness, justice, and decency ngainut imputations of having used my officiM position to my personal advantage, which, being unfounded, 1 declare to be disgraceful,
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/HBH18961211.2.7
Bibliographic details
Hawke's Bay Herald, Volume XXXI, Issue 10482, 11 December 1896, Page 2
Word Count
960Hawke's Bay Herald. FRIDAY, DECEMBER 11, 1896. A PLAIN UNVARNISHED TALE. Hawke's Bay Herald, Volume XXXI, Issue 10482, 11 December 1896, Page 2
Using This Item
No known copyright (New Zealand)
To the best of the National Library of New Zealand’s knowledge, under New Zealand law, there is no copyright in this item in New Zealand.
You can copy this item, share it, and post it on a blog or website. It can be modified, remixed and built upon. It can be used commercially. If reproducing this item, it is helpful to include the source.
For further information please refer to the Copyright guide.