“BUSH SICK” LAND

Taranaki Daily News, 9 December 1926, Page 11

“BUSH SICK” LAND

DAIRYING EFFORTS FAIL J’A'RANAKI BUYERS’ EXPERIENCE. CLAIMS MADE AGAINST VENDOR. EVIDENCE STILL INCOMPLETE. (By Wire.—Special to News.) Hamilton, Last Night. The claim by Frederick Freeman Rogers against the Matarawa Land Company for alleged misrepresentation in regard to land affected with “bush sickness,” which plaintiff and others were induced to take up, was continued in the Supreme Court to-day. Plaintiff was represented by Mr. Hampson and Mr. Oliphant, and the defendant company by Mr. Watts, Mr. Finlay and Mr. Grant. Michael McDonnell, formerly of Alton, in cross-examination by Mr. Finlay, admitted that the first time he considered commencing an action against the Matarawa Land Company was when other settlers, who were walking off their farms, said they intended taking proceedings against the company. Mr. Finlay: And they invited you to join the band? —I suppose so. Witness did not remember having attended a meeting at Patea when cattle sickness was discussed. He had been unable to pay any of his sons or daughters any wages while at Tokoroa. George Donald Pinney, a farmer, of Hawera, said that he purchased 160 aeres at Tokoroa through the agency of Limbrick. Mr. Campbell, the company’s manager, said the land was good dairying land, and he eould do as well, if not better, than on Taranaki land. Witness was greatly impressed by the wonderful growth of feed on the place. He put on 54 cows and did remarkably well the first year, but at the beginning of the second year the animals developed sickness and 52 died in the second year. He mentioned the matter to Mr. Campbell, who said the cattle had probably been running on too much rough feed. He replaced the herd, but the whole of the cows went sick, and he saved their lives by sending them out of the district. Finally he was forced to walk off the place. Pressed by counsel, witness said that Limbrick had told him there was a slight clover sickness at Tokoroa, and Campbell also mentioned the same thing to him. He did not think there was any difference between clover and bush sickness. RAHOTU MAN’S EVIDENCE. Robert Newport, late of Rhhotu, said that Limbrick told him he could do much better on a Tokoroa section than in Taranaki. He finally purchased a section and put on it 40 cattle. He only remained there nine months, as, while he lost no cattle, the land was not as was represented. He told Campbell that the land had been misrepresented and that he could not meet the interest due. Campbell said: “Well, then, e off the place,” and I did. (Laughter). Mr. Oliphant: And when you told him that the place had been misrepresented what did he say?—He said it had been misrepresented to no one. And what did you say?—l told him he was a liar. (Laughter.) William Turner Collins, Government veterinary surgeon, recalled, said there was a big difference between clover sickness and cattle sickness. In the former, animals simply sickened of the same feed and improved immediately they were put on another paddock where there was a variety of grasses; The same applied to turnip sickness. Bush sickness was, however, a progressive disease. Alfred William Townshend, formerly of Taranaki, who also took up a Tokoroa section through the agency of Limbrick, said that he lost two cattle through sickness and walked off the place after nine months. Arthur Allen, of Hawera, said that soon after his cattle began to get sick he was told by Campbell that all that was required was a change of paddock. Benjamin Thomas Williams, farm manager for the Matauuku Dow ns Estate nearby, said the land was cattle sick, owing to which he advised his chiefs to withdraw from dairying, which they did. Out of 95 cows 15 died from cattle sickness in the first year. He would not occupy any of the Tokoroa land as a dairy farm if it were given to him. Lindsay Bernard Taylor, late of Okaiawa, said that Limbrick approached him with a view to taking up a Matarawa section. Witness said he Jrad no capital and asked if it was possible for him to get a start at Matarawa. Limbrick said he would do his best for him. Finally witness took up a section of 92 acres without inspecting it and the company advanced him stock. “REPRESENTED AS GOOD.” The land was represented as good dairying country. Half the cows became sick, and finally he bad to walk off and the company took back the cattle. He spoke to Campbell when the cattle began to fall sick, and he offered to put on a herd of 40 cows if witness and his wife would take over the herd at £2 a week. Witness asked the two Campbells why they had not told him the land was cattle sick. The manager replied that c-rerybody knew it. .John M. Skeet, formerly Crown Lands Commissioner at Auckland, said he knew the Tokoroa land well, and it was impossible to breed stock on it. The Tokoroa block was formerly offered at £3 per acre. Witness went through the Matarawa block 18 months ago. It was fine looking country and would puzzle many. If it were sound, the country had every requisite of good dairying country. The Reporoa soldiers’ settlement was not cattle sick. Mr. Finlay: But how many soldier cottiers remained? Witness: In New- Zealand land settlement it is reckoned that one in every three remains. His Honour: What becomes of the other two! Witness: They walk off. (Laughter.) Mr. Finlay: But the country is ringing with criticism of your land policy! Witness: Yes, but the criticism comes from interested parties in the cities. Mr. Finlay: Does it not come from the 5000 or <lOOO bad men who have walked off?—No, but disappointed men are always troublesome. Mr. Finlay: Has rjot every district in New Zealand got its local troubles’— ,S'es. Air. Finlay: Have you not frequently

stated that it is the man who counts on the land?—Yes, and I still say it. Mr. Finlay: Would you be surprised to know that the company has spent £70,000 on this block?—Yes, I would. Asked to describe the difference between clover sickness and bush sickness witness said that clover sickness caused cattle to get blown and the remedy was found in a change of pasture. Bush sickness was in the soil and the Agricultural Department had not yet fathomed it. Intensive cultivation was the oniy thing to cure it and this took years. Mr. Finlay: And if the Matarawa Company believed they had reached that stage of cultivation rendering it sound, would you blame them for saying the country was free of sickness?— Not if they had reached that stage. “NOT FIT FOR DAIRYING.” Answering Mr. Hampson, witness said he did not consider the country was fit for dairying. The shortest period in which it could be made sound for dairying was, in his opinion, 20 years. Unless a farmer taking up this land was informed of the presence of the sickness he would be entirely deceived into believing that it was good dairying land. This ended the case for the plaintiff. Mr. Finlay asked His Honour if he thought plaintiff had proved his case. His Honour said there had certainly been evidence that representatives of the company had described the land as good dairying land. In opening the case for the defendant, Mr. Watts gave a lengthy outline of the history of the country, and asked the jury, if they considered it feasible that the company would spend all the money it had done, £70,000 in all, on this country if it had the knowledge that the land was unfit for the purpose for which they cut it up, viz., dairying? Was it likely, also, that the company would induce farmers .to take up land there and finance them throughout their operations by advancing them money and cattle, if defendants knew, as it was alleged they did, that the eattle would soon die of hush sickness?

Ample evidence would he brought to show that Rogers, and, in fact, the other settlers from Taranaki, were informed distinctly that there was eattle sickness in Matarawa. Rogers had himself spent in all about' five days on the property before he purchased it. He was given an opportunity to mix with settlers and to ascertain all information concerning the land from men who were actually upon it. CAUSE OF THE SICKNESS. Counsel then went on to describe tne difference ’ etween the various forms of sickness amongst cattle, and said expert evidence would be produced to show that what was known as “bush sickness” was due -to fine particles of glass in the soil which set up an inflammatory condition. It would also be shown that the sickness from which many of these cuttle died was probably due to other causes than “bush sickness.” Would the jury believe the company would go to all the trouble and expense of development if it honestly knew that the land was going to turn out a failure ? James Baird Campbell, a sheepfarme.’ of Haveloek, and managing director of the Matarawa Land Company, said the company paid £18,300 for 5280 acres in the Lichfield district. The company was formed with a capital of £20,000, and development work started in 1910. The highest price paid for any of the land was £8 per acre. When they stocked the property and found certain animals getting sick, they merely transferred them to another part of the place and they got well. They lost about 2 per cent, through sickness. They found that if the grass was kept down and the land cut into smaller paddocks the cattle kept well. Between the years 1018 and 1920, out of 500 head of mixed cattle only 23 died of bush sickness.

In 1920 the capital of the company was increased to £70,000. They sold the land at auction at £lB and £2O per acre. The company, in five years, had spent £36,097 on the land and buildings, or an average of £l2 per acre on the country broken in, exclusive of interest on the land and capital. The company carried on dairying with success on the sharemilking basis, and in four years netted £11,733 from 350 cows. Answering His Honour, witness said that the eattle that died did so of what all at the time considered to be clover sickness. COMPANY’S CATTLE LOSSES. from May, 1917, till May, 1922, the company lost 223 cattle. There were never less thffn 500 eattle on the place. Up till March, 1924, the company had spent in all £73,(MH) on the property. Witness stated that the total cost of bringing in the land to date had been £l3 13s per acre, the cost, iueluding the cost of the land, being £lB Rs 9d exclusive of interest. Rogers had never complained of bush sickness oj- that the land had been misrepresented. Witness gave definite instructions to John Campbell and Limbriek that they must make every prospective purchaser acquainted with the fact that clover sickness was prevalent. All the men who now had actions against tile company had interviewed witness before they bought, but only Cairns had relied on witness’ statement, the remainder buying through Limbrick. Cross-examined, witness said that in the ordinary course of dairying a farmer should be able to rear his own calves. Mr. Hampson: Can calves be reared on this property?—Yes. Mr. Hampson: Of all the farmers who have given evidence not one has been able to rear calves to the milking stage? —They have never been there long enough. Witness said it would have been unfair to have allowed any farmer to purchase this land without informing him of the sickness. Answering Mr. Hampson, witness said alt the shares in the company were fully paid up, but the assets were encumbered. The company was selling land at £2 an acre less than It cost them. Mr. Hampson: Then you are anxious to get rid of it? (Laughter.) Tire case is still proceeding.