THE HOROWHENUA BLOCK

New Zealand Herald, Volume XXXII, Issue 9720, 16 January 1895, Page 4

THE HOROWHENUA BLOCK

A few days ago, we detailed the circumstances connected with the purchase by the Government of part of the Horowhenua Block from Warena Hunia. The purchase was made, it will be remembered, in spite of the assertion of Major Kemp that the land was held by himself and Hunia as trustees for the whole of the Muaupoko tribe, in spite of the caveats entered by the natives against Hunia making any sale as the sole owner : and in spite of the declaration of two judges of the Native Lands Court, that the land was granted to Hunia in trust. An awkward light was thrown on the entire business by the fact that the money was paid to Mr. Donald Fraser, to whom Hunia owed money, and who immediately contested Otaki as the Government candidate. A lively discussion has been proceeding in the South on the subject. The Hon. Mr. McKenzie, when in Dunedin, made a statement to a reporter of the Otago Daily Times, in which he excused the action of the Government and Hunia, by saying that Major Kemp had also sold land which he held as a trusteehe alleged, in fact, that two wrongs make a right. But Sir Walter Buller has no difficulty in dealing with that very poor argument. He shows that the land sold by Major Kemp was in quite a different position from that sold by Hunia to the Government. This Mr. McKenzie ought to have known. The Supreme Court, on the plain equity of the case, has ordered the certificate of title to be cancelled, and the whole of the 143 owners to be reinstated in the title. What step the Government will take to recover the £2000 which they paid to Hunia, to the disadvantage of the tribe, has not yet been stated. The colony may lose the money, which Ministers never ought to have parted with. There is one reflection which can scarcely be avoided, and that is, how fortunate it is that we can still rely on the Supreme Court to give a decision on law and equity, whatever political complications may have arisen about a case. The question as to the position of Resident Magistrates was brought up in Parliament last session on the petition of Judge Kettle. There is no doubt that they are far too much under the control of Ministers, and the public mind is rendered more suspicious than ever by the course which the present Ministers have pursued towards the civil service. But the Supreme Court may still be trusted, although Ministers have considerable power even in that Quarter. We are likely to hear a good deal about the Horowhenua case next session of Parliament.