A Good Case and Good Pleading

Hawera & Normanby Star, Volume XVIV, Issue 3224, 14 September 1892, Page 2

A Good Case and Good Pleading

A fairly fall telegram of Mr. McGuire's remarks in the Assembly was published on the occasion of that gentleman matting appeal for the Betting up of a Court of Equity and good conscience to inquire into the positioc of the New Plymouth Harbor Endowments. This was on the 24th August. Hansard is now to hand containing a full report. We reproduce it for the benefit of both" sides itfrespect of tbis disputable question. There is an amount of straight forward speaking which will be appreciated by opponents of the present Government as well as by Mr. McGuire's especial supporters. Mr. Ballance, it will be recollected, refused to give bis sanction to a perfectly independent tribunal, and would only consent to the' matter being submitted to the Publio Accounts Committee, whereupon Mr. McGuire moved the adjournment of the House. He did so with regret, because be was one of those wbo did not take op the time of the House unnecessarily on any occasion ; but it was absolutely necessary to move the adjournment now. in order that justice might be got for that part of the colony. He had asked for documents which would throw light on tbis matter. These documents, be understood, were not on the table of the House. If they were produced he thought there would be a revelatioa in the House, because honourable members would see exactly bow this matter bad stood from ita very inception up to the present time. This question had to be considered from many aspects. It bad to be considered on the lines of honesty. Surely the Premier had no objection to establish a tribunal on the lines of honesty. Mr. T. Mackenzie.— Oh, yes Ihe has. Mr. McGuire said he hoped not, because he thought it was absolutely necessary in the interest of the colony to set up this Court on the lines laid down in his mdtion. This matter has already hurt them very much in the past in the English market. The bondholders and ratepayers were complaining about ie, and not without cause. Looking at the whole circumstances of the case, he thought the course they were pursuing was very suicidal. The other day a report cabled out was that the Government was considered to be pursuing a prudent course, and deserved or edit for the polioy they were adopting in regard to the colony; bat on many oooasions the Home telegrams stated that the coarse the Government were taking in regard to this matter waa not a course wbioh honest men would adopt, and that it was highly disastrous to the colony, that tbev should aot as they were doing in this matter. In July, 18S8, the settlers in the constituency wbioh be had the honour to represent petitioned both Houses of the Legislature to stop tb4 Harbour Board upon two grounds—l namely, first, that, having abandoned the plans approved by the Governor in Council, further proceeding, was illegal ; secondly, that the funds provided were inadequate for the work contemplated. He had therefore asked for a return of all documents in connection with the New Plymouth Harbour, of which he had given notice, in order that honourable gentlemen should have an opportunity given them of making themselves acquainted with this important matter from every aspect. That was his desire, because he believed, when members of this House became aware of the cruel wrongs iofliefced on hundreds of small settlers, justice would be done them. Then, with reference to tbe land which had been taken out of the New Plymouth Harbor endowment, that was a matter of history. It was well known that, for purposes of national conciliation, some two hundred thousand acres of land was taken out of the endowment and given to the natives. That was at a time when the colony was in a very critical position ; when it was not in the prosperoua state it now enjoyed — at a time when we had a loan of five millions on tbe market, and the land was given in order that that loan might be negotiated satisfactorily in London, because it was well known that if hostilities commenced our credit waa gone. These lands were taken out of the harbor rating district, and therefore it was just that the colony should return 25 per cent, of the value of that land to tbe credit of tbe Harbor Fund, because it was not honest that the people living in that small area should, at their own expense, have to maintain either tbe peace or the credit of the colony. All that he asked was for an inquiry into the ,' whole question by a Judge of tbe Supreme Court, upon the lines of honor, honesty, equity, and good conscience. Surely that was sufficient to warrant tbe inquiry being granted. If the people ot the district had not a case on these lines they had no case whatever; so that there oaghc to be not objeotion to a full inquiry. He was really surprised and astonished at the Prime Minister's refusal to establish such a Court. Surely there must be something underneath all this — which be was not aware of— on the part of honourable gentlement; some fear that some one might be compromised io consequence of an inquiry. Let the ratepayers and bondholders have this inquiry by all means — if not now, then during the recess. He therefore trusted the Prime Minister, for bis own tibnonr and the honour of the colony, would reconsider his decision. They were asking for nothing that they were not entitled to. He would point out, further, that, in tbe interests of the settlement of the country — although he did qpt wish to make much of this point himself — their lands had been disposed of on perpetual lease and deferred payment instead of being disposed of for cash, find 'therefore, the Government bad between /brjy ana fifty thousand pbuhus .bdlonKfrSfefl^the. harbour, whioh should fee financed and plaoed to tbe credit of the Sinking FuSd Commissioners for the purpose of paying interest to tbe bondholders. Tbe settlers in tbe harbour district were struggling settlers like other people in the colony, and it was not right that the Government should take advantage of them in tbis way. He might say that he had moved for papers which alone would cost more than tbe inquiry that he asked to have set up, with a Judge of the Supreme Court at tbe head of it ; and if that Court were set up there would he no necessity to have those papers produced. He was credibly informed that the copying of tbose papers* alone would cost £60 or ; but it was absolutely necessary to have them, unless this inquiry waa to be made. He greatly regretted having to take up so much time that afternoon because be knew tbat bon. members were anxious to get on with their business ; but they must not blame him — >tha blame rested on the Government. He .thought it neoesßa.ry to impress upon the Hoiise that'it Was the duty of the Governnaentto set up this tribunal, as tbe qnestiou was a national one and the credit of tbe colony was involved. In that Honse, in 1874, an Aot was passed giving 25 per cent, of tbg revenue derived from the land i in that;, provincial district, arising from j tbe sale or other disposal, to the Taranaki i harbor, yln 1875 the Provinqiil Council ] passed an ordinance to that' effect. In ' 1876, the provinces were abolished ; and in J 1877'ttiere was" a consolidated measure ' passed by the House whereby a)! lands, ? inoluding confiscated lands, became waste j lands of the Crown. In 1879 tbe Houee, T although petitioned by his end of the v district, gave permission for the raising of t a loan of £200,000. He himself did g everything in Bis power, as a member of 0 the Provincial Council, to prevent at its b initiation this harbor from being constrqotedi as they did not wish to have the rate continually banging over them. They ~ were told, however, tbat there wonld 0 be no rate; and seven years later they 1

were told} there would be no r»ts for twenty- six- years, and then only a threepenny rate, because tbe sinking fund would wipe off tbe liability in four years. He had never objeoted to tbe handingover of tbe land, because he saw that it was absolutely necessary in the interests of the colony that tbe land should be given t" tbe Natives as a matter of conciliation ; but he never for one moment thought that the Government wonld not place 25 par cent, of the value of tbat land bo taken to the oredit of the Harbour Board Sinking Farid Commissioners. But tbe people of the district were used on tbat occaßsipn and then tnrown aside, just as they were some years ago used on another ocoassion in order that tbe good name of the colony should not suffer : but be considered tbat a most disgroceful and dishonourable thing was done on that ocoassion, when money was- advanced from tbe consolidated revenue to pay the bondholders tbeir interest pending loanconversion, bat, as soon as the £2,750,000 was converted, tben a second time the ratepayers were oast aside. It was not' creditable. It seemed to him disgraceful. He was sorry to say tbe Premier himself was conneotei with that macter, aod perhaps tbat was one reason why be did not wi9b for an inquiry. It was monßtrouß for the honourable gentleman to seek to refer it to the Publio Accounts Committee. The honourable gentleman himself was a member of tbat Committee, and had already given an opinian on the matter ; so that the honourable gentleman should be anxious for an outside tribunal to go ; into tbe subject if he wished to have justice done. (To be continued.)