THE New Zealand Herald AND DAILY SOUTHERN CROSS. THURSDAY, JANUARY 26, 1599.

New Zealand Herald, Volume XXXVI, Issue 10970, 26 January 1899, Page 4

THE New Zealand Herald AND DAILY SOUTHERN CROSS. THURSDAY, JANUARY 26, 1599.

A few days ago we published the information that, the Native Apellate Court at Wellington had made an order finding that the late Major Rem]) was entitled to division No. 14 of the Ilorowhenua Block, subject only to those dealing the validity of which have been established, and that the District Land must- issue ft title. As this case has been dragging itself along before the public for several 'Tare, and has obtained much political notoriety, we mav recount the steps in the scandalous procedure. We do so the more readily because this must bo the last of it; the Government can resort to no further device; they have been hunted out of the last refuge. Perhaps we have only heard the last of it for a time, becauso all those parties who have been Aggrieved and injured will surely appeal for redress and compensation, and in the face of the tacts, and in the face of the judgments of the Sunreme Court and the Native Land Court, we do not see how ample compensation can bo refused tc them. Unfortunately, the man chiefly injured is now in his grave, and there is much reason to think that the prolonged worry and harassment he was subjected to hastened his death. For that there is 110 redress, and no punishment excepting the remorse of those responsible, and that feeling they probably do not experience from the want of the endowment of a conscience. Ministers purchased a piece of the Horowhenua Block from llunia. c need not repeat the statements which have been made to the effect that the money went through the hands of a supporter, and that part of it aided the Ministerial cause at a general election. But long before the purchase was made, Major Kemp had contended that the land had been awarded to Hunia and himself in trust for the tribe, and not for themselves personally. The Government would take no steps to put the matter right, but opposed Kemp in his endeavours. At length Kemp obtained means to bring the whole subj&t before the Supreme Court, which decided that the land had been awarded to Hunia and himself in trust. Mr. John Mcßenxie, the only Minister who appeared to care much about the subject, was furious, and turned round on Sir Waltei Buller, who it was reported had advanced the money to enable Major Kemp to appeal to the Supreme Court, A Commission was appointed to inquire into Major Kemp's title for a portion of the Horowhenua Block which had been awarded to him as sole ownei, and for which he had foi rears held a land transfei certificate of title. This was carrying the war into the enemy's camp with ft vengeance. Commissions are handy instruments for a Government, and this one reported ; that Kemp was merely a trustee for I the land. Then followed the HoroI whenua Block Act of 1896, which de- ; dared that " any existing land transfer certificate, and all registrations of dealings found liot to be invalid, be deemed to be null and void." This was a blow both at Kemp and Sir Walter Buller, because if Kemp's title was destroyed, Sir Walter's land and security were gone. In the Act was a clause directing the Public Trustee to bring an action against Sir Walter Buller on the ground that he had had transactions with Kemp well knowing that the land had been awarded in trust. The most serious allegations of fraud were made in the pleadings, but when the case came before the

Court it had to be acknowledged that the Governments had not a single fact in support of these. They had been made without any around whatever. This was an unparalleled position for any Government to be placed in. Ministers were very artery, 01 at all events Mr. McKenzie was. The Courtordered the Government to pay Sir Walter Buller's casts, but the Government has not done so to this day, and has had the gratification of carrying on a series of litigations On that subject, which come in by the way of side-shows to the main exhibition. It is very amusing to cany on litigations against any troublesome person at the public expense. The taxpayers do not complain, rthd Ml. McKeiizie had always a majority in the House of Representative? to fall back upon. In 1897 a Bill was brought in by Mr. McKenzie proposing to abrogate all dealings with the Horowhenua Block, and to makei it go back to the original native owners. This also was aimed at Sir Wnlt.f Bullet. But this was too much even for the present Parlia- ! nient, and the Bill did hot become law. Then there was nn application to the Native Land Court by certain natives to have the title to No. 14 Bubdivision of Horowhenua set aside, and Majoi Kemp declared only a trustee. This matter was dragged also before the- Supreme Court. The litigation was worked from behind, and it was said that the natives taking action weic very unwilling parties. In de-

said: "The petition oi or 18 Wh ° now after Supreme Court open years, with tl P wftkpned , s^^jasssi or been wakened, up reut ly , in the Native Land Court, <iH , for the purpose, shouldl . . „ m » d Al , p il, te Court missed. i' ie • , J that Kemp s : has now proiiouncetL ftU gif . .heirs receive the law be , Walter's dealing with it , re i' tlio world erring shame upon the French nation fa *•"*£. the Frenen nation 101 simnlv r d »)«'•* *v**rissssw ' of iujurtiee »»d »f It »>' i "rev'™ * I " de " i preosion 01 . ' .-leaver, for the inno . ""t'L .. t not vet been escenee or L)ie_ ... .1 However, the) tablished by eviuence. Government are completely beaten m nil their attempts at litigation, Iblndm? »» unscrupulous ™ d , the ; r Parliamentary majority profuse expenditure of [«'"« money. Lt us be thankful we have heard the last of this business, at all events 11 the claims for compensation come '»•