MR, BRYCE'S NATIVE LANDS POLICY.

Timaru Herald, Volume XXXIX, Issue 2770, 9 August 1883, Page 6

MR, BRYCE'S NATIVE LANDS POLICY.

[From the TisiARU Herald, August, 8] Mv Bryce has now announced his native lands policy, m the shape of a I Bill called the Native Land L;iws Amendment Bill ; and it is with great pleasure that we see m it an ample realisation of those earnest hopes which had been formed of Mr Bryce and his handiwork. In these days of rampant mediocrity, of feeble counsels, of mean intrigues, of pusillanimous politics, of selfish expedients, it is a genuine gratification to meet with tho evidence of strong, true, fearless character m public affairs. Such an ouo we have always believed to exist m Mr Bryce, who has long appeared to U9 to have more of the stuff of a statesman m him than all his political associates "put together. During the early part of the present session, when the odious influence of the Native Land Settlement Company's scheme was operating alike upon the Government and the Legislature, wo confess we were somewhat uneasy on account of Mr Bryce's attitnde. We would not admit to our mind for a moment, a suspicion of his integrity, or a doubt of his capacity to discern the right. But there did appear for a time to be a want of that resolution and unshrinking straightforwardness, which have hitherto so conspicuously distinguished him. But we felt throughout that trying time that he was m a better position than anyone else to know what was best to bo done ; and, judging him by tho test of his whole political career, we came to the firm conclusion that he was to bo implicitly trusted. He was iv a difficult position from causes which it was next to impossible for him to explain. Some Of his colleagues, there is reason to believe, were directly or indirectly connected with the Native Land Settlement Company, and others among them were not disposed to run any risks by openly opposing so powerful an organization. In short, if tho Company could have controlled a majority m Parliament, or even a formidable minority, without the aid of the Ministers, they might safely have counted on the latter countenancing their scheme or at least remaining passive. The Ministers themselves did not know the strength of the Company m the House, nor did they feel at all confident of their own party. They were puzzled to know what to do j but on one point they were quite clear, and that was to swim with the stream, whichever way it might flow. They were prepared to give way to the Company, or at. least to compromise with them, if it had proved to be essential to their safety as a Ministry to do so. They strictly adhered, m fact, to the principle of the policy of " self-preser-vation," propounded by the Colonial Treasurer last session.

In this complicated situation, Mr Bryce took his own line, as he invariably does ; and that line was a bold and honest one, a3 it invariably is. He determined that, come what might, there should bo no monopoly of native lands ; and he made up his mind to resist the Company's scheme to the uttermost, from the Treasury Bench, if it might be so, but if not, then from tho other side of the House. Tho first distinct indication of the Ministry acceding to the Company's scheme would have been the signal for him to go into Opposition on that question. But since no distinct indication appeared, he remained where he was, and simply watched the course of events. As things turned out, public opinion was too strong for the Company, the Government or the House. They dared not face the storm which would surely have arisen if the Company's Bill had even been allowed , to make any progress. The Bill was postponed from week to week, while the pulse of the House and the country was being felt ; but eventually it was dropped, without a single division being taken to let it bo known who was who, regarding it,

Then came Mr Bryce's opportunity. The attempt to pass the Company's Bill had thrown into prominent relief the urgent necessity for a radical amendment of the native land law 3 j so as- to prevent such an attempt from ever being made again ; and the abandonment of the Bill left the field absolutely open for anyone to take the lead m that direction. Sir George Grey at once stepped forward with his Native Land Acts Amendment Bill, a crude, incomplete sort of half measure, of very questionable efficacy. It attracted little or no attention either m the House or among the public. Mr Bryco then brought m the Bill which is now before us, and on that Bill, we doubt not, the decisive battle of native land administration will be fought. The Native Minister, far from shirking the contest, challenges the supporters of ' jobbery "^ind robbery to meet him m open fight. He declares war to the knife against them, and begins the campaign by inarching straight into their country and opening fire on their strongholds. The first operativo clause of the Bill cuts right into the middle of their entrenchments. It repeals the enactment under which lawyers and agents are allowed to practise m the Native Land Court. The next clause forbids any European under any circumstances to appear as counsel m that Court ; while the succeeding clause goes a step farther and empowers the Court to perform its functions "by the best ways and means, without reference to legal formalities." The significance of these provisions will be understood when it is known that Native Land Court practice has hitherto been the most lucrative branch of the legal profession ; that fortunes have been made m it m an , incredibly short space of time; that the legal expenses m some cases amount to thousands of pounds ; that litigants have no- means whatever of checking the costs ; and that the lawyers and agents, . many of whom arc the lowest of the low, can easily prolong cases to such an extent a3 to make a comfortable subsistence out of them for years. This vicious system^ we are satisfied, has been a pregnant cause of the worst sort of native land

jobbery ; and its suppression will be sufficient by itself to effect a vast reform. But Mr Bryce's Bill by no means stops there. It makes it illegal, under a penalty of £500, for auy private person to negotiate iv any way for the purchase, lease, exchange or occupation of any native land, until after a certificate of title has been issued, and the Governor has authorised negotiations to be commenced. That is to say, no one, except the Government, is to be allowed to deal m native landij so long as tho native title oxists. Aftor au European title has been given to the natives for their laud, then the Governor is to give at lenst a month's notice that the land is saleable ; and then privatu persons may treat for it with the owners iv the ordinary way of business. It will bo seen that as the Crown retains the right, — henceforward thcetclusive right, — to negotiate for native lands before the native title is extinguished, the Crown must eventually become the solo medium through which sales of native lands to private persons cau be effected. The scheme is as ingenious as it is bold. By way of rendering the prohibition of private dealings iv native land tho more effective, it ia provided that every deed or contract made m contravention of this law, shall be null and void, and precautions arc taken for preventing any such deed from being registered. The concluding clauses of the Bill provide for a much-needed reform m the management of Maori real estate. Hitherto the trustees of this class of property, often very unfit persons, have done pretty well what they pleased with the funds — the natural result being that the funds were of an exceedingly volatile nature. Mr Bryce now proposes that all funds accruing from these trusts shall be paid to the Public Trustee, and that that officer alone shall disburse any money on acconnt of them on the written authority of a Judge of the Native Land Court.

This outline of the Bill is sufficient to show that it is a most uncompromising Measure, and that it aims at nothing shortof theabsolute suppression of the traffic m native lands, and the scandals and frauds m connection witb native litigation. Tho question which rushes to one's mind on reading it is, Will it pass ? Is it possible that such a weak, sentimental, muddleheaded Legislature as ours will accept such a thoroughgoing piece of legislation ? Is even Mr Bryce strong enough thus to destroy at one stroke the whole army of lawyers, agents, monopolists, capitalists, speculators, interpreters, loafers, touts, pimps, cheats, thieves and ragamnrans generally, who for years nnd years past have lived and fattened on the trade m native lands •* We draw a long breath and ask, Is it not much too good to be true ? But then, we look back to the seeming miracles that Mr Bryce has performed within the last four years ; and we bear m mind that " thrice is he arm'd that hath his quarrel just."