BAY OF PLENTY TIMES. “The spirit of the times shall teach me speed.” KING JOHN, ACT IV. WEDNESDAY, NOVEMBER 19, 1873.

Bay of Plenty Times, Volume II, Issue 127, 19 November 1873, Page 2

BAY OF PLENTY TIMES. “ The spirit of the times shall teach me speed.” KING JOHN, ACT IV. WEDNESDAY, NOVEMBER 19, 1873.

“ Land for tha people, and people for the land.” Piiom; the interior wo are exceedingly glad to learn that the Government Land . Purchase Commissioners, with whom Mr J. C. Young has lately been acting, have succeeded in acquiring large tracts of country from the aboriginal owners, with a view to locating immigrants thereon. Several important Runangaa have been held lately among the various hapus residing at Tapubaeruru, Orangimani, and various other settlements ; and the result of the expedition is so far highly satifactory, if we except C. O. Davis’s Ohinemutu contretemps and the liotomahana negotiation, to neither of which is it necessary again to refer. Y\ r e hear from reliable sources that the whole country towards the sea from To Awa-o-te Atua (better known to our readers as Matata) to the unalienable reserve at Maketu, has been purchased by the Commissioners, and to the entire satisfaction of the native owners. The latter reserve to themselves a part of the valuable block lying inland between Dotoehu and Kotomahaua, but of that reserve the Government have also acquired no inconsiderable portion under the provisions of the Immigration Act. The Commissioners have, too, met with great success between Taupo and Te Teko or Galatea, and although we cannot at present place before the piiblic full particulars

as to land bought iu this locality, we are confident as to the ultimate results. The Government will by these purchases shortly have entire control over a vast area of magnificent lands in the Bay of Plenty and Taupo districts —that would otherwise have literally been waste, and as the sole motive is to induce settlement, we may fairly anticipate that the larger portion of this most desirable country will quickly pass into the hands of private parties for agricultural purposes. One block bought a few days ago will enable the Crown to occupy the position at Niho o te Kiore bridge—a most important outpost of the Native Contingent, and one of the many excellent sites for a township—on the main road between Tauranga and Taupo. \V e congratulate our readers upon the energetic steps that are now being taken by the Government in endeavouring to open up the rich and fertile lands of this district —lands that cannot be surpassed, if equalled, in the colony, and, if we are only favoured with a due share of immigrants of the right sort to occupy the same, we shall be in a fair way to prosperity, and in a position to prove beyond the shadow of a doubt the value of our motto “ XjAND FOB THE PEOPLE AND PEOPLE FOB THE LAND.”

A claim: for compensation, brought by Mr John Chadwick, of Tauranga, against Captain Turner, as Oißcer in charge of public works for ibis district, was recently made the subject of inquiry, or rather brought before the notice of two Justices of the Peace (for the inquiry was nob proceeded with), under provisions of “The Immigration and Public Works Act, 18/2.” The presiding Justices declined to take any evidence upon the matter on the grounds that the claim being for deviation of a line of road, and not for “ damages in the execution of a survey,” the case did not come within the meaning and intent of the Act ; and, moreover, that the amouM claimed was beyond their jurisdiction. Matp&adwick complains very bitterly of the injustice, he alleges, he has received, and: ha has us to publish “ a full, true, and particular”*, account of the matter at iesite, in- or#er that the public may form an opinion as to the real merits of the ease. It is hardly necessary to say that our columns are at all times open to anyone who reasonably considers himself aggrieved, and nothing would'please us better than to be instrumental in getting any wrong thing righted Mr Chadwick sajs all he wants is to be heard, aid as he is present unub'e to obtain a bearing in a court of law, he shall at least find “a fair field and no favour” in the columns of the Boy of Plenty Times, Mr Chadwick claims the sum of £334 15s us compensation for the Tauranga and Taupo road being made through a portion of his property, on Block 36, at the Gfate Pa, This sum is made up by various items —extra fencing required, loss of land occupied by road, depreciation of value, &c. He states most emphatically that he never consented to such road being formed, and that he Ims suffered loss and sustained damages by it* construction to the full value of amount claimed. In August last a petition from Mr Chadwick upon the subject was laid before the Bouse of .Representatives, upon which a commit,tee reported as follows : —“ The petitioner claims compensation tor damage sustained in consequence of the Government taking a road through his property.

The petitioner appeals from the decision of the Public Works Department with respect to an al aged agreement between the petitioner a«d the Government Engineer as to the laving out of a road through petitioner’s property. Jhe com* mittee are of opinion that it will p-ove highly inconvenient if n practice should arise of const!tuting the House, or a seleefc committee of the House, a Court of Appeal for deter nining detail, of Urn ...rura, If ,h. Dopartm.nt for Public Works and the petitioner cannot come to an arrangement on the matter in dispute, the petitioner has his remedy under Acts of the Assembly ; and this committee, therefore, cannot recommend the House to interfere in this ease.” The foregoing report was accompanied by a copy of the Immigration and Public Works Act in which the following clauses were specially marked for Mr Chadwick’s guidance:—“ll. It shall be lawful for any Justice, upon the application of any person claiming compensation for any loss or damage incurred or suffered as in the last preceding section mentioned, to summon the survevor by whom or by whose act or order such loss" or damage shall have been so incurred or suffered, to appear before two Justices at a time and place to be named in the summons ; and upon the appearance of the parties, or, in the absence of either of them, upon proof of due service of the summons, it shall be lawful for such Justices to hear and determine the question of compensation and the amount thereof, and for that purpose to examine the said parties or either of them and their witnesses upon oath, and the costs of every such inquiry shall be in the discretion of such Justices, and they shall settle the amount thereof. 12. It shall be lawful for the Colonial Treasurer, out of any moneys standing to the credit of the public works account, to pay on behalf of the Government the amount of compensation authorised, as by this part of this Act required, and the amount of compensation and costs in case of dispute so settled by the Justices as aforesaid, and given agarnst the surveyor.” Acting upon these provisions, Mr Chadwick, shortly after his return

from Wellington, summoned Captain Turner, as District Engineer, for the amount he claimed, — hence the action. The presiding Justices, however, on the day appointed for hearing, decided not to receive evidence on the grounds we have already stated. Mr Chadwick has handed us the following letters from Captain Skeet for publication :

“ Tauranga, August 26, 1872. “ Gentlemen, —According to your request, I have surveyed that part of tbs Oropi road that runs through your property ; and in forming an estimate as to what amount of compensation you should apply for from the Government, you will have to consider ; 1. That the deviation takes up nine acres of land more from you than the original road would have done. 2* That those places marked S on the plan and coloured red are rendered useless by the slip and drift from the road embankment ; that any steps you might take for draining those pieces of land would be rendered abortive, as the drift from the road would fill in the drains, Ac. ; this causes a loss of nearly five acres more of available land. 3. That two places along your line of fence, marked D, are dangerous ; the land has already slipped to a certain extent, and the next landslip will destroy the fence. 4. That s ODg the original line of road, work was commenced and sundry excavations made and left, which are dangerous, and unless filled in or fenced, may be the meavs of injury to cattle or stock of any kind. 5. That the portion of land lying between the original line of road and the deviation, containing about 12 sores, is rendered useless, being too small and, from its shape, of no practical use. 6. That the deviation entails mors than fifty (50) chains of extra fencing. This land, abutting, as it does, on a navigable river, is very valuable ; and, being the only available land having good water frontage in the neighbourhood, it would be difficult to put a price upon it, as it cannot be replaced by any land of an equal value. But taking into consideration the amount of compensation awarded by Government in similar instances, and valuing your laud at its proper price, adding to that the cost of extra fencing, with a consideration for the fact of the section being cut up in the manner described, I should imagine you would have no difficulty in making out a good claim for compensation for the alteration of the road. —I have, &c., “ H. Lufkin Skeet, Surveyor. “ Messrs Chadwick and Son.” Igj, Tauranga, November 7, 1873. “MSfssra Chadwick and Son. & “ Gentlemen, —Having taken into consideration all the points referred to by me (in relation to the Oropi Road) in my letter to you dated August 26, 1872, I should recommend an application for compensation to the amount of £350.—1 am, &c., “ H. Lufkin Skeet, Surveyor.” We make no comment whatever upon the matter, and simply publish the evidence for the claimant at his request, and because he cannot obtain a hearing elsewhere. Of course there are always two sides to a story, and it would be unfair to give an opinion upon a prima facie statement only, Mr Chadwick assures us that unless the authorities forthwith cause an inquiry to be made lie will fence in and diich that portion of the Tauranga and Taupo Road owned by him. We trust that the Government will act promptly in the emergency and grant an immediate hearing of the case, thereby saving much annoyance and public inconvenience.

'* Give place to better men !” These memorable wor is of Oliver Cromwell might with some justice be applied fo five gentlemen—Messrs Kdgcumbe, Morris, Hannon, Ellis, and Penny—appointed at a public meeting, held in August last, to act as Stewards tor the forthcoming Tauranga race meeting. Nearly- three months have now passed by and nothing whatever has been done. We cannot understand this at all, and, in the interests of the public, who, we are sure, do not wish to be deprived, through the neglect of their representatives, of the day’s enjoy merit par excellence of the year we call upon the Stewards to quickly bestir themselves or else at once to resign their offices. In nearly everv village and hamlet throughout New Zealand (we learn from our exchanges) preparations are being made, and the many local race committees are actively employed with the necessary preliminaries. In Auckland entries have actually closed for some events, and

yet we, of Tauranga—who, by-the-bye, were first and foremost in appointing officers—do not ev»n know where the races (if any) are to be held. There is not a day to be lost, and, if the stewards do not meet and decide what is to be done within say 24 hours, we trust somebody will convene a meeting m order to give the public an opportunity of testifying their appreciation of such cavalier and unsportsmanlike conduct. Since writing the above the secretary informs us that Mr Edge urn be has, without giving any r asm, tendered his resignation as one of the Stewards

The announcement in these columns, a few weeks ago, that the Bat of Plefty Times had reached the venerable age of one year, was followed by congratulatory and laudatory “ notices ” from a number of our contemporaries. Although pleased and grateful for the kind words of our “ big brothers ” to a youngster just “just feeling his feet,” yet “ modesty subdued ‘ our ’ soul,” and we refrained from re-printing them, especially as they only dealt with generalities. We cannot help, however, being a little proud of the information we gave our readers during the late Superiutendency election We may mention (par parenthesis) that in many eases the public here were supplied by us with telegrams of returns from the various country districts (especially in the North) before the Auckland morning papers could publish the same, inasmuch that on the arrival oi the Sfac pigeons at the office in Auckland, the news was at. once telegraphed to us fay our agent—it is hardly necessary to say at some trouble and much expenses. Our instructions were, ‘‘ spare no expense ; send very latest hourly,” and they were obeyed “ with promptitude and despatch,” the bulletins being immediately posted outside oar office 'pro hono publico. A contemporary writes : has attended the establishment of journals in country settlements. Of these none has been more successful, or has conferred greater benefit ou the district where it is published, than the Bat of PiExir Times, issued at Tauranga. This spirited little paper has, we observe, received long telegrams during the course of the Superintendency election, and has thus kept, the people of Tauranga advised of the progress of the election in other parts of the province, which they must otherwise have been kept igrorant of for many days.” Dr Johnson aiys : “ Modesty in a man (and the same rule will apply to a newspaper) is never to be allowed as a good quality, but a weakness, if it suppresses his virtue, and hides it from the world when he has at the same time a mind to exert himself Now. dear readers, we have, and intend to continue to “ hare a mind to exert ” ourselves on behalf of the public and the district in which we live. Therefore do not charge ns with vanity, but ‘‘ put it down ” to Dr Johnson.

Thebe can be but one opinion as to the desirability of increased facilities of communication between the Thames and Tauranga districts. Our readers, one and all. will therefore be glad to learn that there is every probability of a connecting road being commenced before very long. The Honorable Mr McLean is expected to arrive here early in December, and amongst other items this should ba brought before his notice. Captain Norris has, with praiseworthy aeal, arranged a meeting of the leading settlers to take place this afternoon in order to discuss the various important matters affecting the well-being of the Bay of Plenty previous to the Native Minister’s arrival. The opportunity of making known our wants should not be allowed to slip by. Ministers, like the gods in classic lore, are often induced to help those who show a desire to help themselves.

Ms Edgcumbe has handed us the following fele-g<-atn regarding the validity of the late Provincial election from Mr McCormick, solicitor, of Auckland “ i hinb omission does not vitiate election. Persons whose names are omitted from Provincial Council roll could, 1 think, have insisted upon fcheir rotes being accepted. This roll is a mere copy from the roll for the House of Representatives, and the latter roll is by law declared to be conclusive of the right to vote by electors therein jammed.”