THE GUM ACT AMENDMENT.

New Zealand Herald, Volume XXXVI, Issue 11230, 27 November 1899, Page 6

THE GUM ACT AMENDMENT.

TO THE EDITOR. i Tho kum Act has gone through ttm ' legislative machine once more, and seems to: nave issued therefrom more grotesquely incongruous and unworkable, if possible, than ever. As a layman on matters legal, will you allow 1 mo space in your valued columns to criticise it as it appears to me to read, and probably to Others who may have taken the trouble to. study it, Sub-sections 4, 5, and 6 of clause 6 permit anyone, who had dug for gum three : months prior to the coming into force of the Act to hold a , special license, except in the case of aliens holding 110 permit or license prior to that date. As, practically, licenses were not being then issued by the Comment or local bodies for Crown land tli&e n.rv nfn r riVals mU ™ purchase the ordinary or £1 license. Clause 7 deals with them an other new-chum would-be diggers, h™ resn w qualification is less than tlneo months before date of application for diX gPng I,CenS °- Clauso 8 Prohibits digging on any reserve unless by the holder en,l» P 7"i ? having the Qualifications enumerated in sub-sections 1, 2, and 3 of clauso 6, namely, British subjects by birth i°n bemg the owncrs of free hotel or leasehold.property, members of tho settlement for whose benefit it was set aside, . stbuht? 5 t°l 1110 Maori ,'' ace Regulation 10 simulates that the holder of a special or Ste7 ? nse ', if - he 60 desires ' shall apply ■ o the local authority of any other gum dlis " him m: ! y endorse his license, extending nor ITT,-' 0 di on an >' Portion « portions of such district without fee. Now, number f dlstric , t ,- here will probably be a ai m w i° spec ' al lCenses ' both Brit an! & V, re s.f ler3 ' "'here are they them - 1? ? IIG lenses, on the face of them arc issued only for reserves, and these loe.Tlm" rCly , i 1! 1 "P for benefit of the seem* t n °r ""I oris • 1,0 provision bv law woiTl » V Men , madp for these, and it conntl » optional whether tho adjoining Promt if COm ° t0 the rest ™ nr nof - T!" the Tit' ""I.™"' 6aid i" the House that ° n,7> dlgKer ' with a 5s license, could where, so could the alien by virtue n! sLnl f-I.'! CCn , Se - AVer ° tllis th ". it would ■ imnlv stultify the action of tho local bodies " settmg apart reserves at all. Mr. Seddon unnatural* r ?P°, t « 1 to have said that any ™ m ( 1K i subject, Purchasing an acre or All ti °i 5, i. 001 "' 1 ' demand a special license., I t '.TT' wanted of aliens was . Proof that they did not come here solely to of gum, make a few pounds at the expense of the country and then clear out, leaving it mpovenshed from their visit. To my mind, I* . . ', lrc ,a ®° , o! town or suburban areas in stnets notoriously poor as to soil and promotion, with only local markets available, is At** a contrary nature to .that in•„'i 1 7 the Premier, such being utterly nn'rl 1. 'he support of any man now. thn m • Ppb-ibilit.v during the existence ol ; tho gum industry. Of course, the Act does i,,_„' 3 ' any of the Premier's contentions, hence a magistrate cannot be expected to do • ino.il u i' 0W a ,mv clause compelling the ocal bodies to issue license to those nullified, . bo interesting t0 know whether such lnl i a .' di> V the Act, or the regulation cicn ? ' ti*! 1 B ' n t is likely to result in either i= It l • 1 a sti " uglier feature of the Act tliif 9 ar! r | 5? .°? private property. Regarding „i' ' . legislative intention is now mads (v," 1 '} ,Y l > ' nin ' namely, the seizure thereof, in - would naturally expect with thi« obiect liru>n "i"')' . legitimate steps would have EV l.r aken to effect it bv means, «>v, of an fcnahlingor Empowering Bill, and the payment of tnc necessary oouivalent. These, and jvm ihc consulting of the owners on the sub- • seem matter of so trifling a nature to the i-c?isla „re ''bat they could well be cWansril with altogether. Little wonder now if these owners evince surprise and indignation at the atment they have received, and are rwly fronT i 1 ™' change of owners''in "iitf 3 transfer has been legally offer-tod. The above seems enoucrl. to invalidate tM nor- £ ™" of the ,\et. Rut to prooeoc!: Clause 15 .. races in i(b scope all gum a,l( ' s: clause 1? • the owner and occupier free diwing: ' roviso now extends the same privilege 1° - the i owner s servant. Hitherto the "occn- j tor of private propertv has been eo'nn'ete'V eliminated from the Act in its working To v rill, , matters as between a Crown and pri- -: ata land digger, however, be must bo put town as simply a digger. Inasmuch as the : brown, by license, confers the right of c - : eunving and digging on Crown land. ti?pre can bo no reason v/ '"' the private owner, by per- g mit, should not be able to exerciso t'>e sam 6 ovil" t1?" I,is . own Property. Such. how- „„„ j „ . IC , ve ' is no ' legal opinion in some ~, a least. At law, mere opinion >" ■; *,7 th defendant genoralU ' the benefit of the doubt when one exisß The fact, however remains that, an "occupier" i* ill an undefined nerwnaTO on the Statute Book, and if the legal opinion is unhe'.d i| 4 would make the Act "lopsided." TV. as if the above were not enough. the onlr lice"'"' the Government Mve provided apply solely/, to'brown, land. He of private land occupa- - requires no such document while he re-

mains thereon, nor does the Government give urn any equivalent should ho purchase such license which lie is not already possessed of. With or without a license, no ranger or policeman can turn him off, nor docs the possession of a licenso entitlo its holder to invade private property without tho owner's consent. Thus tho idea is absurd to expect or endeavour 10 compel any occupier of privato propertr to purchase that which is utterly valueless to him. In conclusion, the Act as it now stands is a combination of two distinct classes of lecislation. That with respect to private property is ail Excise Act, seeing tho Governmont own neither the land nor the gum, yet Willi certain exceptions it penalises ovoryone occupying such land, or handling such gum. All the North asked for or expected of Parliament was that, measures bo taken to supwcy an over-increasing alien influx. Though late in the day. this has been now achieved ant could have been quite as effectively dono without any interfering with any man's private affairs. Moreover, there are no trade or labour unions in connection with gum, locally at least, to conciliate, hence tho man who is *0 fortunate as to own such property generally manages it to his own liking; in fact, ho can co on.l better than the Government, for lie can sell it. Since the Government have taken the necessary slops to protect public property ami (lie interests of their many tenants in the North their public responsibility has been discharged. The private owner may safely bo given credit to protect his own interests.—l ""J; °,v W. Forbes. kaikolio.