Poverty Bay Herald PUBLISHED EVERY EVENING

Poverty Bay Herald, Volume XVII, Issue 5673, 21 January 1890, Page 2

Poverty Bay Herald PUBLISHED EVERY EVENING

UJ3BOIINU, TUESDAY, JANUARY i\, 1800. NATIVE LAND COURT JUDGES. Thk character and qualifications of occupants of the Native Land Court Bench in a matter of at least as much importance to this district as to any other in the colony, and settlers here undoubtedly are iv a good position to judge as to the fitneas or unfitness of tho gentlemen who administer the Native. Land Laws. In Wellington and tho South Maud uinniunn must bo formed second-hand, and generally from most unreliable sources. More especially is this the case at tho seat of Government, where disappointed aspirants to office do congregate, in the hope that Ministers in a weak moment may be induced or bounced into recognising their claim?. Men in this colony lmv» received

»'« spona'Ma ftnd luaw\Hv* offices in order frhftt el<i»v w may be stMod tho glffc of a good appointment i« of course the moat effuotlve way toil© fcho tongue of a nosy billet-huntor. It Is quite true that the Judges of the Native Land Court are poorly paid compared to the ont-ous nature of the duties aid the ability >

quisite to disch.ir^e them : ..\ a sit V factcy manlier, but tlu* salary att.iched to the oflice is out uf all proportion to the merits or flcsoits of the gentry whose vanity or necessities load tlr n to believe that they have bcenunfivvly passed over by a hard-hearted Government; The Wellington Evening Push is a determined oupoient of ("lie present Ministry, ar. I i i its criticisms of Native land .-iJ'ni.n' , •;i---tion a .source of inspiration in hai.nony with that journal's policy is close at. hand. In its issue of Thursday last the Post contained an article on the recent conference of the Judges in Wellington. Our contemporary states that an attempt was made to keep the rbject of the conference a secret, but that it ultimately transpired that tho object of the meeting was to try and introduce a uniform system of procedure into the Court, as at present each Judge proceeds pretty much as his personal inclinations direct him, and what is quite in order before one.Jiulgeia deemed altogether improper before another. Such was the confused state of affairs in Native Land Court proceedings, and the difference in moro formalities led to great hardships. The whole blame must be attributed to the Judges themselves. They distrusted and were jealous of each other. As a rulo, one Judge cared no more for the opinion of a, fellow occupant of the Bench than he did for the opinion of the man in the street. Under the circumstances no precedents were established, and the Court procedure was left to the whim of each particular Judge. The object of the conference was perfectly well known here, and wo ai*e surprised that there was any ignorance in Wellington on the subject. Had the Judges been called together to advise the Government on tho course of future legislation the object would have been widely known. Ministers have made no statement as to an intention to introduce amended Native legislation next session. In endeavoring to secure a uniform system of procedure the Judges were engaged in a highly necessary work, and we trust that the machinery of the Native Land Courts will in the future be kept i a smooth and aood working order, and that all doubts will be removed as to the methods of procedure. The Poßb merely sneers at what it terms the " mysterious conclave of the Judge?." The burden of our contemporary's complaint is that non -experts have been appointed to the Native Land Court Bench. This means that the new Judges are unacquainted with the language and customs of the Maori. Such knowledge wag considered an r'riential in Vie past, and, with very few exceptions, the JuaVci were exports iv native languages, traditions, ;uid current conditions oF J ;c e and though 1 -. 15 ut it cannot be said that the,L ;nd Coivt .iduiininiftfcratiou inspired the confidence of members of either race. We do not wish to write disparagingly of former Judges, Some wero capable and p-nne notoriously incapable, but as a rulo great dissatisfaction prevailed throughout tho affected districts, and the dissatisfactiou was shared both by Maoris and Europe-ins. All other things being cn I*.1 *. -1, acquaintance with the Native languayc and customs should fit a Judge better for the discharge of his duties ; but ability and general knowledge are undoubtedly move requisite than a special training in the ways of an inferior. race. To say the least the school is not a good one for a man not possessed of strength of mind on strong moral character, and several former occupants of the Native Land Bench knew little else besides what they learned in that school. The Government has taken a new departure in the appointment of Judges, and we have no doubt that the results will prove highly satisfactory. Mr Barton is the only one of the new Judges of whom this district has bad experience. He bad most difficult cases to decide, and ho has already succeeded iv gaining the confidence of both races. The Chief Judge, Mr Setli-Smith, is also a trained lawyer, with a high reputation for learning and ability and thus should be well-qualified to interpret the Native Land Laws. And here it may be as well to mention that the main difficulty has not been in making awards according to Maori usage and customs, but in construing tho enactments passed in Wellington. The Post makes a serious charge agaiast the " export " Judges who attondod the Conference. Our contemporary says that Judge Smith and other Judges who had been trained as lawyers "proposed to supply the legal element in drafting tho riles, and as they knew nothing of tho mtivo language or native custom, they we:o to trust to the Judges who did understand these matters to supply what was needed in that direction. But here we bel eve a hitch arose. The Judges who are fit for their position, from their expert knowledge of native matters, did not at all relish being 'drawn,' or communicating their special knowledge for the benefit and education of gentlemen who know nothing of the language or oustoirjs of the Maoris, and whose appointment fiey are inclined to resent as— under all the c:vcumstances - a slight to themselves." We are sure that .Ju.dgo Wi'son, for instance, does not rely upon" I) is knowledge of purely native matters as his sole quiilificatiqn for a seat on the Bf-nch. Ho ii a welleducated aifd travelled gentlenun, whom one would least expect adopt a "dog iv the manger" policy. The keeping of a man's wisdom unto himself betrays a very low order of intelligence and a .state of mmcl ijtterly at variance with the spirit of the age.

The Borough Council meets ihiacvcning. I The rehearing of the Waipro case at the j Native Land Court was adjorrned in order to allow Judges Wilson and Barton to read up. A London correspondent writes that the Hon. Randall Johnson is dissatisfied with tho place he has taken at Eicter, and will probably remove to London utan early date It is scarcely necessary to remind readers of the concert to be Riven tins evening in tho ( 'ity Rink in aid of the funds of the Catholic Unite]), It is expected thus the attendance will be largo. Si-rgeaufc Tiffen's (East Coast Huiisars) name only occurs once in a full report qi the firing at the Rifle Aesocictlon meeting at Dunedin. Sergt. Tiffen frod iv the Wellington match, coming 20 tl; on tho list with a, score of $1, the top man s?oriiif,' 92. The jury list for the Svpromc Court sittings next month >yas struck to-day, and olficers will be about in it day or two with I bits of blue paper for those summoned.. At the sitting of the Xniivc Land Court to-day before the Chief Judge the ense of Mahanga No. 2,under the Equitable Owners' Act, was proceeding, T!je next case on the list is a rehearing in connection with survey charges on tho Ounmru Hook. The caba running passengers from town to the racecourse deposit their passengers at the entrance to the course from the main road. This necessitates along and tiresome walk through sand. Jf passengers were taken to tho Childers road gates, which are quite close to the grundslund, it would bo a decided improvement. Owing to an informality in tho publication of notices in connection with the proposed Kaiti loan, it was deemed advisable to commence proceedings de nao, consequently the meeting of ratepayers called for last evening lapsed. Some <iissat;sfaetion at the hitch was expressed by those who attended last night, but the Chairman (Mr E. Harris) thought a month's delay wps preferable to running the risk of illegality, by which tho whole proceedings might bo up^ot, thus ? lcimng further dcUty an<l<*xtrn exp^n^e.