Tuapeka Times. AND GOLDFIELDS REPORTER AND ADVERTISER. SATURDAY, FEBRUARY 23, 1878. "MEASURES. NOT MEN "

Tuapeka Times, Volume XI, Issue 750, 23 February 1878, Page 2

Tuapeka Times. AND GOLDFIELDS REPORTER AND ADVERTISER. SATURDAY, FEBRUARY 23, 1878. " MEASURES. NOT MEN "

It seems a pity that Mr Stout, who politically and personally holds liberal opinions, should have taken, up, professionally the position he did with regard to the now celebrated M'Comb sections. In our issue of the 16th inst. we published a verbatim report of what took place at the meeting of the Waste Lands Board when* the subject of certain objections raised to the M'Combs' becoming purchasers of the forfeited sections, and the report of the Board of Inquiry thereon, were under consideration, and it does appear to us that the arguments of Mr Spoilt, and the objections of which he maintained the validity, had considerable affinity to legal quibbles, the interference of which in the administration of the Land Acts is much to be deprecated. It is perfectly clear to any person who can understand plain English that the Otago Waste Lands Act, 1872, under which the proceedings in question took place, took no cognisance whatever of the occasional circumstance of an agricultural leaseholder applying for land upon deferred payments except to provide that should he do so, and the united area be less than 200 acres, he might please himself as to whether he would reside upon his leasehold or selection. Had ifc been intended to debar the- agricultural leaseholder from applying for land upon deferred payments, it would have been distinctly so enacted, and the omission of such enactment is conclusive. The reference to the solicitor of the Board is really a mere farce, and we regret to observe that there is too \ much tendency on the part of this body thus to shift their responsibility. The ! terms of the Act are plain enough, and !if the Chief Commissioner and his colleagues fail to understand its provisions they must not be surprised if the public have no great confidence in their administration. - Mr Stout was wise enough not to rely upon the second t point raised by the objectors, namely, ■ that the M'Comba having been dis- | possessed Were disqualified from receiving other licenses. The insistence of this would have raised the whole question, which ,is "exactly . what the M'Combs have unsuccessfully endeavored to do ; for the Act runs : "Provided that any person who has been dispossessed for any fraudulent occupation, Or breach of the provisions of this Bill, shall not obtain a fresh license." To bar the application it would, therefore, be necessary to prove that there had been " fraudulent ocoupation " or a " breach of the provisions of the Act," and this the M'Combs have persistently denied, and allege that they were dispossessed upon insufficient evidence, and 'without an opportunity of defence. The Land Act, 1877, leaves no doubt upon the matter as regards the time from which it came into operation. Sections 60 and 61 enact "who may be selectors " under the deferred payment, system, and what are the disqualifications, and although oddly enough the holding of an agricultural lease is not enumerated amongst- the latter, the form of statutory declaration given in section 63, which the selector is obliged to make, includes, the statement that he is not V beneficially interested, in any land held under agricultural lease to any amount' which- added to the acreage comprised in his application would exceed 320 acres." Whatever our opinion as to the policy, the existing law upon, the subject is clear, but of course in i\o way rules the case uridei* consideration, where the application was under the old Act. We repeat again that the Board should act decisively in such matters, and not be rushing to their solicitor upon every point raised by interested parties or their Counsel. If they have no confidence in- their District Land Officer, let him be removed ;£but to question his decision, and that of a Board of Inquiryi upon the professional ipse Aixit even of Mr Stout, appears to us weakness c}qsely bordering upon incapacity. j

. Mr F. I. Moss, formerly Provincial Treasurer for Ota?o,'was elected in the Grey interests for Parnell (Auckland) on Wednesday last without opposition,