PUBLIC TRUSTEE V. McCULLUM.

Taranaki Herald, Volume XLII, Issue 9827, 13 October 1893, Page 2

PUBLIC TRUSTEE V. McCULLUM.

TO THE EDITOR.

Sib, — I havo read with much interest your report of the above case, and although unwilling to rush into print, feel impelled to write you a few lines upon the subject, an it is a matter that I took great trouble in during the late session, in endeavoring to prevent wrongs of this nature from being perpetrated. (I urged upon the Government the necessity of passing an amending clause to The West Coast Settlement Reserves Act, 1892, empowering tho Publijc Trustee to deal with cases akin to Mr McCalluui s upon their moritß, that is to sa> justly, and not upon the strictly legal basis that the Public Trustee so rigidly adheres to, a&d wnicn causes a flagrant injustice to be done to many deserving settlers who have icully ucted as pioneers. My amendment was couched in the followin, language: — ''Notwithstanding any of the provisions of the said Act as to the leasing of land by tender or otherwise, the Public Trustee may, in his absolute discretion, confirm any lease granted by Maoris to Europeans before the passing of the said Act, provided, on enquiry that he is satisfied that both parties to the lease desire its continuance, and that no undue advantage has been takea of the (Utive owners by such leiso."

Had tins inuendtnent been earned there would Imvu been no cnuse for iho grave oliurges that have been levelled against tho Public Tiußlee's administration. Since tuy contentions have beon upheld by so learned v Judge, I feel more than over confirmed in my opinion that the few unfortunate settlors affected by the Act deserve consideration with clemency at the hands of the Public Trustee, instead of Ilia censure and proceedings against them as wrong doers. Such arbitrary action affecting half an acre of land appears strange when there are some 70,000 acreß awaiting settlement through the Public Trust Oflice. Lawsuits of this nature tend to degrade the Government in the eyes of the people. It is indeed a good thing that such an institution as a Supreme Court exists, with Judges sitting who are not in anyway influenced by party or other considerations, no that tbey in»y deliver their judgments irrespective of fear or favor. Any movement on the part of the settlers to recoup Mr MoCulluiii s losses 1 would indeed bo pleased to aid in by becoming a subscriber. — I am, &c ,

F. MoGoibe.