THE FARNALL CLAIMS.

Observer, Volume 2, Issue 46, 30 July 1881, Page 520

THE FARNALL CLAIMS.

In justice to Mr Farnall, who has undoubtedly been treated very scurvily, Are have consented to publish the following extract from Hansard, which tells with sufficient clearness the true story of this gentleman's claims : — Mr Moss rose to move, "That the House will, on Wednesday next, resolve itself into Committee to consider of an address to his Excellency, asking him to place upon the estimates the sum of £1050, claimed by H. W. Farnall for services rendered and money expended in performance of his duties as Immigration Agent in Belfasc for the Province of Auckland and the Colony. It was with considerable reluctance that he moved this motion, and he did so only from a sense that he was endeavouring to vindicate the cause of a gentleman who had suffered very severely indeed, because, in performing considerable public service for the Province of Auckland and for the Colony, he had trusted to the good faith of the Government to see him carried through it. Throughout the proceedings connected with Mr Farnall he thought that any impartial person would see that there ran a strain of vindictiveness, he might say, almost surpassing the manner in which the same feeling had been manifested towards the unfortunate telegraph operators on a recent occasion. He was speaking out plainly because he thought it absolutely necessary to do so. It was not a case that could be answered by the usual platitudes to the effect that ' the honourable gentleinin has his redress in this way.' It was a case of long-sustained hardship which had led to the ruin of a gentleman who certainly deserved better things — who did great public services for the Province of Auckland, and who founded the settlement of Katikati, and who was one of the most able Immigration Agents whom the Colony had sent Home. He would now tell the House what the story really was. In the year 1872 Mr Farnall, having to proceed to England upon his own private affairs, was apijointed to act under the Agent-General as Immigration Agent. A fixed remuneration was agreed upon — namely, £700 a year — that sum to include salary, travelling expenses, office and other charges. At the end of 1873 this gentleman was summarily dismissed by the Agent-General. He was dismissed on certain charges, which n select committee of this House afterwards found to be entirely baseless, and asserted that they were entirely • baseless in the strongest possible manner by awarding him a sum which the Agent-General had, under various pretexts, refused. At the end of 1873 he was dismissed without a moment's notice. At the date of his dismissal one month's sa'ary was due to him, and such was the feeling then manifested that even that one month's salary was withheld. There was also withheld from him the cost of repaying his expenses to New Zealand, which he had the clearest right to under his agreement, and there were also withheld a few pounds which he had disbursed on account of the office. These sums were afterwards paid to Mr Farnall under the decision of the Public Petitions Committee of that House, thereby proving not only that he had a right at all events to these sums, but that the charge against him — and that was the point he wished particularly to impress the House with— was absolutely without foundation. Then, again he found that in 1876 this gentleman claimed, as he had a right to do, six months' salary for breach of agreement. Mr Farnall had remained in charge of his office six months after the appointment was withdrawn, and had paid the expenses out of his own pocket; he had sent out numbers of immigrants, and was undoubtedly an active and successful agent. The claim in respect of this six mouths' work was £350. That amount was refused, but he thought any one looking into the case impartially would admit that to that sum Mr Famall had a clear claim. Proceeding a little further, he (Mr Moss) found that the Superintendent of Auckland, anxious to avail himself of the services of this gentleman, on hearing that he had been removed from office by the Agent-General, sent to him an appointment as Official Agent for the Province of Auckland, in order to found special settlements and encourage immigration generally. That was done under a power vested in the Superintendent by the Waste Lands Act of 1867. After sending him the appointment it was ascertained that this Waste Lands Act, or rather a particular clause in it, had been repealed in 1870, and therefore that the appointment of Mr Farnall, as agent for the province, was really illegal. But he wotild ask the House to remember that Mr Farnall was perfectly ignorant of this. He had accepted the appointment in good faith. He received a letter from the Superintendent some time after, pointing out the illegality, but informing him that the illegality had been removed by the passage of the. Auckland Waste Lands Act of 1874, which restored to the Superintendent the powers which the Act of 1870 had taken from him. Therefore, although he was illegally appointed, his appointment was afterwards validated by the Superintendent, by the powers vested in him tinder the Waste Lands Act of 1874. Mr Farnall remained in England for eighteen months under that appointment. He expended a large sum of money in carrying on the office in Belfast, in paying his subordinates, in travelling expenses, and in various ways. Altogether, his expenditure amounted to nearly £1300. During that time be established in the Province of Auckland the special settlement at Katikati. That was the most marked result of his labours ; and that Mr Farnall was entitled, to the credit of founding that special settlement he (Mr Moss) could prove by referring to page 2 of D.-5 in the Appendix to the Journals of 1874, wherein it would be seen that certain gentlemen who took part in forming the special settlement at Katikati addressed the following letter to Mr Gillies, the then Superintendent of the Province of Auckland : — "Lisbeg, Ballygawley, Ireland, " 26th August, 1873. " Dear Sir, — We, the undersigned, being the original promoters of the special emigration to Auckland, observe with much regret that Mr H. W. Farnall, your agent in this conntry, so far from receiving the support and assistance he deserves from the official representatives of the New Zealand Government at Home, appears to have been thwarted in every possible way ; and, were it not that we place implicit confidence in Mr Farnall's representations, we should in consequence have given up all idea of further prosecuting this movement. We have therefore to request that you will be good enough to give, as far as possible, full authority to Mr Farnall to make such arrangements as he may consider advisable for the success of the enterprise and consequent interest of the colony. We make the request solely on our own responsibility, and without any previous communication with Mr Farnall on the subject. — - Waiting your reply, we remain faithfully yours, " George Vesey Stewart, " J.P., County Tyrone. " (For self and several emigrants' families of the farmer class). " Michl. John Andrews. " Thomas Aederley, Clerk, "Incumbent, Ballygawley. " James M. Cieane. "Andrew McMaster, " Surgeon, Carrickune Dispensary, " County Tyrone. That spoke in the strogest terms as to the value of Mr Farnall's services in England. When the AgentGeneral dispensed with his services in June, 1873, he

found it imi>ossible to wind up his office suddenly, owing to the nature of his business as Immigration Agent, and he continued to carry on the duties until December, when he was relieved by Mr Cochrane, six months after his removal by the Agent-General. He remained in Ireland some eighteen months or two years, carrying on the duties of the office without pay or compensation of any kind whatever. After his return to the colony he at once made his claim. But there was nothing more pitiable than the position of any gentleman who had to make a claim, or seek redress for injuries which he thought he had sustained, by coming to that House. He had himself had opportunities of witnessing how futile was the task ; how a petition was dealt with, how some honourable member would get up and say he had a petition to present, how it then went to the Classification Committee, and was sent on to the Public Petitions or some other Committee, which ran through it, and necessarily hastily presented its report to the House. Whatever the Committee might be— whether the Gold Fields, Waste Lands, Public Petitions, or any other— after it had once given in its report, however hastily or wrongly arrived at, that Committee was almost certain to adhere to its report. There was little hope of redress for any man. If he petitioned again the same course was again pursued. The petition was referred to the Committee which had rejected it before, and of course it could see no reason for altering the decision it had arrived at. That was the position in which this gentleman found himself. When Mr Farnall laid his case before him he thought to himself, How could he now seek redress ? The natural course would be to petition the House. He felt that that wonld be the greatest farce. Mr Farnall had already petitioned. His petition had been reported on, and there was not the slightest chance of any change in the report if he were to petition again. Very reluctantly, therefore, he (Mr Moss) pursued the course of bringing forward the case as represented to him, and appealing to the justice of the House, asking it accord some little time and patience to hearing the case, The hour was so close to that of adjournment that he was unable to go more fully into the case. But, if Miuisters really desired that justice should be done to this gentleman, they would give an early opportunity of considering the motion he had made. It was a fact that the Government, and particularly the Colonial Treasurer, had persistently refused to accord the commonest justice to claims of Mr Farnall. He had perused the whole of the documents, and was confident that Major Atkinson had wrongly persisted in refusing to do justice to this gentleman. The matter was one which concerned also the honourable member for Waitemata, who, in winding up the affairs of the Province of Auckland, persistently set his face against the claims of this gentleman, for some reasons which were not understood. Mr Reader Wood : Ib was not a just claim. Mr Moss : It might be so ; but was it just to send a telegraui to the General Government saying that this gentleman wanted money badly, and if they gave him a certain sum he would take it and give a receipt in full of all demands ? He had been informed that such a document was sent by the honourable member for Waitemata. Mr Header Wood : You are wrongly informed. Mr Moss was glad to hear it, but lie knew it was the public impression that a document was sent to that effect. The best way to give a thorough refutation to that statement was that all the correspondence relative to the matter should be laid on the table of the House. Of course he would be told by the Government that if he wished to get. this correspondence he hud only to table a motion and he would have it; but he would ask any honorable if he did table a motion to that effect what chance was there of ever getting the motion brought on ? It would be a mere evasion to table such a motion. He had himself heard, and hundreds of others had heard, statements most disparaging to the Go vernment and the honorable member for Waitemata in regard to this case. It was due to that honourable gentleman and the Government themselves that, without any request on his part, they should lay on the table of the House the whole of the correspondence connected with Mr Farnall's claim. Mr Rolleston would not like such a statement as that just made by the honourable member to go forth uncontradicted. It was absolutely without foundation ;no such document was ever sent. He had the papers before him, and he could state so positively. Mr Moss would like the papers laid on the table. That was the only way to settle the whole question, and to allay the impression which existed in the public mind. He did not speak of his own knowledge in the matter, and only stated what was the public impression. He wished to go into the whole case fully, and place these facts upon record. If there was not time to dispose of the question then, it was quite within the power of the Government to continue the discussion at another time by giving his motion a proper place on the Order Paper. He had loohed carefully over the reasons given for not paying this gentleman the amount he had claimed, and he found that the strongest opponent was Major Atkinson, who said that the claim ought to have been submitted to the Provincial Council of Auckland. The answer to that was very easy. No session of the Provincial Council of Auckland was held after Mr Farnall's return. Again, he found thao Major Atkinson "stated that Mr Farnall quarrelled with the Agent-General. That statement was absolutely contradicted by the correspondence. Mr Farnall did not quarrel with the Agent-General ; it was the Agent-General who for some reason quarrelled with Mr Farnall. It had also been stated that the Public Petitions Committee recommended that Mr Farnall should be paid £77 in full settlement of all his claims. He could find nothing of tlie kind. There was no mention of full settlement of all claims. Another reason against this claim being complied with was given by Major Atkinson, who said, "be was aware that the Committee reported that there might be some claim against '.the Provincial Government of Auckland, but he did not believe there was in justice any claim whatever against the colony, or that the Committee would have come to such a conclusion if they had considered all the circumstances of the case." That was to say that the Committee came to a certain decision, and Major Atkinson,- in whose hands was the power to give effect to the decision, decided that the Committee was wrong, and therefore would not carry out the recommendation. Mr Rolleston : The money was paid. Mr Moss : Yes, some money was paid ; but Mr Farnall was known to be in great need of money, and was compelled to sign a document as a quittance of all demands. The money was refused unless he would sign the document. Mr Farnall performed two years' work for which he received little or nothing ; he expended £1300 of his own, and he established a most important special settlement, for which he got nothing. He was absolutely ruined, and then for three years had to dance attendance upon that House, endeavouring to get that justice which those in power at that time were determined he should not receive. He implored the Government to go into the case. He was sorry it could not be completed then, but all he asked was that the fnllest investigation should take place. It was in the power of the Government to have that investigation whenever they chose, and he would do all in his power to aid them. He felt very strongly on this matter, because he was convinced that a gross injustice had been perpetrated. The Minister of Justice might laugh Mr Rolleston said that what made him smile was the evident desire of the honourable gentleman to prevent him in a few words entirely upsetting everything that the honourable gentleman had stated. Mr Moss would like to know how he could prevent the honourable gentleman speaking. Had not the Government power to bring this matter forward whenever they chose ? He was only a private member, and if he lost that opportunity of laying the case before the House, or allowed, the Government to burke it by now giving way, he would not get another. He earnestly implored the Government to bring the matter forward again, for thoir own reputation, as well as the interests of justice, was at stake. He was anxious, he added, not to take up the time of honourable members, or to interfere with the arrangements which have been come to, that only unopposed notices of motion should be taken that evening. All ho would say further was this : that a geutleman who had rendered great services to the Province of Auckland had not been adequately rewarded. On the contrary, he had been ruined in consequence of his not being paid for those services. The treatment Mr Farnall received was in striking contrast to the treatment which other gentlemen had received who had not rendered anything like the same service. Mr Farnall had great claims upon the consideration of the Government and the House. Having said so much, lie was perfectly willing to agree to the adjournment of the debate. Debate adjourned.

—American Waltham Watches were Awarded the Only Two First Prizes at the Melbourne International Exhibition, 1880-81, being Higher Awards than any other Exhibitor received, for watches.