A Good Case and Good Pleading

Hawera & Normanby Star, Volume XVIV, Issue 3225, 15 September 1892, Page 2

A Good Case and Good Pleading

(Continued.)

Mr. MoGuire continuing bis remarks urging the setting up of a committee ov New Plymouth Harbor endowments, said : — It was necessary to have an enquiry, in the intereets not only of the ratepayers, bat also of the bondholders in Londoo, some of tbem poor widows, who had bought the bonds at par, expecting that tbey would set G per cent, interest, and found that they could not get their interest. Surely these people, if not the ratepayers, were deserving of some consideration. It was disastrous to the honour of the colony that it was run simply on party lines — that men could not be independent and act aooording to their judgment'; for he felt certain that if people wero not led away by party there would be more straightforward, honest, and honourable legislation. But when men came into that House and gave up their whole minds, and submitted themselves to either one party or the other, what iwas to be expected ? Members were not sent here to become tbo slaves of aDy one party ; no member had been elected simpljp to follow submissively, to become a puppet in the hands ot any one party: and ihe sooner they could get away from thesef hard-and-fast party lines the better it wduld be for the colony. The Hon. th/e Premier laughed. It was well known| that some cuen tried to look courageous b.y laughing and smiling ; he presumed tine Hon. the Prime Minister was one of those : but this was a matter that should be treated seriously, and the honourable gentleman should approaoh it in a proper manner and with a judicial mind, Tbe ratepayers, who were suffering a great' injustice, did not look upon it as a laughing matter. It should be gone into aj business-like manner, because it was aimatter of vital importance, and tbe question involved should be investigated on tbeUines of equity and justice. Were tbe peoplq of the district not entitled to 25 per cent, ot the value of the land that had been taken, from them ? Because, if any Government could come in and take 200,000 actes out of a grant, surely there was no reason why they could not come and take the whole grant. Where was tbe Harbour Board or the Municipality tbat bad been endowed, and from which the Government \ could not take their endowments, if they could in this case? He hoped the honourable members would agree with hijm in this matter, and insist upon justice being done. He a3ked members from any side of tbe House to join him. He appealed to the leader of the Opposition, to the honourable member for Ellesmere, andlotbers, to inquire into tbe matter on the lines of his motion. What he asked for was very simply. He asked for an inquiry by a Court on tbe lines of honesty,! honour, equity, and good conscience. Surely tbe Government could have no objection to such a Court as that. Could they obiect to a Court on the lines of honesty, honour, equity, and good conscience? Had tbe leader of tbe Opposition any objection to a Court on such lines ? He did not see bow any honourable man could object to an inquiry on any of these lines. The honourable gentleman bad been telling them how promises had been made to tbe natives about the lands; but he asked him, with reference to the Act of 1877, were not all the confiscated lands made waste laDds of the Crown, and was not 25 per cent, of the waste lands in Taranaki set apart as a harbor endowment ? Were they not supported by the Eoyal Commis. sioners, who said tbat none of these lands bad been abandoned with the exception of a certain part in the province of Wellington ? And if the land was abandoned, ! wby was it placarded for sale all over this country and the neighboring colonies ? How came it that 200,000 acres were taken away ? If that area belonged to the natives, then the whole of the land belonged to the natives. An exhaustive inquiry, whs held in 18C6, and tbe oourts made certain awards to the natives, in I accordance with tbe proclamation of the Governor. Sir Donald McLean told the natives that none of these lands would be given back ; and the gentlemen appointed by the House— Sir Francis Bell' and Sir William Fox, two distinguished members ofthe House— had shown it also—that this land was waste lands oi the Crown. On the security of this being the waste lands of the Crown, they had -borrowed, id 1879, £200,000. Now, the Government took away 200,000 acres of land. The leader of the Opposition had stated that the Act of 1877 was passed by a mistake. It was a great pity that he made such an admission, for it would never be forgotten • and how were tbe bondbo'ders in England to know tbat it was a mistake of the Legislature ? The hon. gentleman could not, snrely, have known it himself at the time, or he would not have allowed it to pass. He was really surprised at his taking that line. And that was tbe best argument the honourable member could bring forward against the Taranaki Harbour Board getting instioe. What was tbe argument of tbe Premier? He said tbat, if aoy concessions were made to Taranaki, Bimilar concessions would have to be made to all harbours of the colony. That was a strange procedure. We must not do justice, because somebody else would want; justice to be done. If every other harbour in the colony had the same grounds as they bad to go upon, in the name of God let the House do tbat juatiee. The sooner tbey did it the better. Why should tbey put off the evil day ? The Premier wanted to intrench himself behind a Committee of the House, from which position he would be able to pull the wires ; bat be (Mr. McGuire) wanted the matter relegated to a Judge of the Supreme Court, who would not allow

any wires to be pulled behind him. Tbe Premier certainly had some consideration for a Judge of the Supreme Court. They remembered the Edwards case—how he said the Judge was not properly appointed, and his salary not fixed, and how the Premier took up the constitutional question, saying that a Judge, at all events, should be above puspicion. With these few remarks he would sit down ; bnt be trusted the Premier would be prepared to give the tribunal tsked for, because if be did not he was afraid that he (Mr. McGuire) would be getting troublesome to the House. Ho did not wish to be so, and he i did not like taking up the time of tbe House in any way unless be had something to say. Therefore he trusted tbe Premier would save the time of the House from being taken np, He was desirous that tbe matter should be relegated to the Supreme Court, in order tbat the people, the harbor rating district, and tbe bondholders, and everyone else should be considered in this matter, on tbe lines of honesty, honour, equity, and good consoienoe.

Mr. McGuire regretted very much that his colleague, the honourable member for New Plymouth, differed witb him for tbe first time on this question. The Committee which was previously appointed brought down a report, and if the Government carried out the recommendation of that Committee he wonld be perfectly satisfied. Why should they set up another Committee? If they set up another Committee and got a similar report, tbe Government might act in a similar manner in which they acted on the previous occasion. The Committee reported as follows : — " That there is a reasonable sufficiency of assets to justify the colony in taking over the endowment, so that tbe 25 per cent, of the land revenue of the provincial diatriot, previously set apart should return to and remain part of the general revenue of the colony, in return for the liability under the loan, whioh the Committee consider ought to be taken over by the colony." If the Government was ready to take over the assets and liabilities, of course the people of Taranaki would be perfectly satisfied. He would be delighted aa far ' as he was concerned. That Committee was set up in the same way as it was proposed to set np this Committee; and, seeing how the House and the Premier acted on that ocoasion, he thonght it would be useless to set up a Committee of that kind. Now, he thought it would be very wise of the colony to take over these endowments, and to act equitably, honorably, and honeßtly to all the parties concerned. He considered tbe first duty of the Government and ot tbe House was to preserve the honor of tbe colony. The The report said, —

'•Tbe land sold on deferred payment comprised 94,818 acres, representing a capitalised value of unpaid instalments of £73 ,621 r one-fourth of which belongs to the New Plymouth Harbour. Perpetual leasehold lands comprise 69,152 acres, representing a capitalised value of £68,200, one-foarth ot whioh belongs to tbe harbor. The above amounts the Government could, if they were so disposed, advance to tbe credit of tbe Sinking Fund Commissioners."

The Government had large sums of money coming in from tbe deferredpayment and perpetual leasa systems, and the Government did not allow the Board the use of the money which would aid in relieving the settlers from the unjust imposition they were suffering from. Why did the Government act in this unjust and unreasonable way ? Wby did they not asbist the Board with tbe deferred'payment and perpetual-lease money that was to come in ? Why did they not make restitution for the 200,000 acres taken out ot the endowment in tbe interest of tbe colony as a whole ? Equity and justice would not be satisfied until this was done. Surely these were sufficient reasons why this matter should be submitted to a tribunal where a Judge of the Supreme Court would preside. There were many questions involved that would be better investigated by a Judge of the Supreme Court. Without saying anything against members of tbe House, he would point out that they had a great deal to attend to, and could not give the attention to 'these matters that they required. They had other work to perform—they had the work of their constituencies to attend to, they had their correspondence to look after, and had many other duties ; and it wonld be far better to relegate this matter to a tribunal free from political influence altogether, and to place it before a Judge of tbe Supreme Court. It was very embarrasing to him to find tbe honourable member for New Plymouth agreeing that a Committee should be set up ; and he regretted sincerely that the honourable gentleman bad changed bis mind, because it added con* siderably to his difficulties. He (Mr. McGuire) certainly disagreed with that. He had experience enough to see what Committees meant — with always a majority on them. It was admitted by old members of the House — and be himself was perfectly satisfied of 'it— that justice could not be done, and it wonld be madness, with a case of this description, on the lines laid down, to expect to get that on a Committee. Honorable members wished to do justice, and thought they were doing justice; but they were all partisans. That was the difficulty. They took either one side ot the case or the other. If they wished to do justice to the bondholders, to tbe harbor rating distnot, and to the people of New Zealand, they would relegate it to tbe Court be had mentioned. The Prime Minister should reconsider this matter. He (Mr. McGuire) would not bring ie up for some little time again, but be waa very persistent when he took a matter of this kind in hand, and he had well considered it in all its aspects, and was thoroughly satisfied of tbe jusfcic* of his oase, aud be therefore hoped that by that time the Premier would nave reconsidered the question. He therefore would not take up tbe time of tbe House any longer ; but he was not without hope that a matter of this kind, which bis colleague said was a national matter, would be inquired into by a tribunal presided over by a Judge of the Supreme Court, on tbe lines laid down in bis question.

The Wanganui Girls' College re-opena on Monday next.

: Notice is given that the Waimate Eoad Board intend to strike a general rate. The sale of Mi. Isaac Bayly's furniture, &c, by the Egmont Farmers' Union takes place -to-morrow. - . • • • - "Messrs. Ito^an/l-Topks and Co. hold a clearing sale, on. behalf of Messrs. Stretton and Jobson, at Meremere. to-morrow. At the Manawatu and West Cpast Agricultural "Show to be held' at Pdhtterston Nprth on the Bth and 9th November, £500 will be given in prizes. Entries are adver-tised-to close' on the Ist November.

•A novelty in lamps is one offered &$ Gibson's Cash Warehouse. Hinks' Cottage Safety goes out immediately it falls down, and children may cany it without fear of mishap. Attention is directed to an interesting advertisement in this issue.

Tenders wanted for the purchase of land in Ngaire district.

The well-known stud thoroughbred, horse Puriri is advertised to stand in the Hawera district during the season.

A meeting of the, general .committee of the Egmont A. and P. Ascociation is called for Saturday. HIS EXCELLENCY LORD GLASGOW while partaking <.f some refreshments doring the interval at> ,tbe Opera Hririse remarked : " One thing yor have hqro that i is good Coffge." It is .scarcely necessary to B»y!:b.iftEieetfency was drinking Crease's A. I. Coffee, Sold everywhere in 1 and 21b lifts