MOKAU ESTATE.

Dominion, Volume 3, Issue 898, 18 August 1910, Page 6

MOKAU ESTATE.

Lv <MR. JOSHUA JONES'S ALLEGATIONS. 8;: f; REPLY BY/DR., FINDLAY. -J 'IMPUTATIONS DECLARED TO BE ■:■'• "FALSE AND GROUNDLESS.", '~.' 'The' allegations contained in;the peti- .•-'/,•. don presented to Parliament last.week by .-'■ Mr. Joshua ; Jones and published in r : .'The Dominion, relating to the appeal'for - / a commission to inquire into' the Mokau : -Estate transactions, were the subject, of ;' - a detailed.' statement .in the : Legislative M Council yesterday afternoon by 'the; At- :: -/torney-Gcneral: (Hon. Dr. Findlay). Dr. •■.•■■■ Findlay said:— "'. ; • •.' -With-the. leave of the Council, I de-,.-.sire to refer-to. a personal matter. Since •'/ .we' last- met there'has appeared in tho '' public press/what purports to bo; the sub- '■- : itance of a petition' presented in another. - - 'place oh' Friday, last .by Mr. Joshua Jones., I""'■;-As' what has appeared contains '.'' 'imputations' arid reflections against-, my- . -eelf.'l ask/the indulgence of the Council "■:- -to-.enable,mei'to,de'ny-:these imputations. •"" First, allow me to point out to you what- '■■ an-easy method of defamation of public ' ; men our provides.- it '-'/ "seems'-"'that---all a -man- has to- do is to '■'■- ■ draw up a 'petition containing: absolutely ■. baseless charges', against a public man . and then ; :get, it published m the news- . ■,' papers as- a Parliamentary paper. I his ■facility '.is ■ obviously-.'50.." complete that: -one is disposed to wonder why it is not ;/ /.resorted to- more/frequently, even for •;' : - iparty purposes...,- >■_ ; , > ; "., -. :/y . History of the Case. /' The short- facts,' in ' connection with ■.which -the, imputations I .'shall refer, to,, -.have been made are :-;' . I.' Mr. JoshuaiJones some.years agei ac- .-. quired from a large number of Natives >*■■■ a lease of over, 50,00(1 acres-pt Maori land. : . 2 By-a number of financialand other ~. transactions in England, Mr.. Jones ;be--1 .came indebted to English lenders m the. ./ ..as Mr.Jones failed •/'to pay this they'became, on November JO, :.'• 11906. Entitled to ; perfect by registration. : tin New, Zealand -a. mortgage., from: Mr. ''Jones to themselves. .. - .. - :■:'■'. i • •'■■■■-'■ 3 Prior-to the last-mentioned date, and - : -'■ as part of an: agreement between Jones. / Ihiroself, and! the lenders, Jones _ signed . • -'Itlie -following . undertaking :— I, -the uu';/!dersigned,- Joshua Jones, hereby-under-•/,':take,- pursuant to the order:, in,; thisi ac-.. ;'■:•'. .tion dated the 10th day of August, 1908, : '.to lodge 'no further caveat withthe --Uis- ■:, triot Land -Kegistrar, in New .Zealand -in ..', •■ -respect / of;-the / title to the .-.;Mokan pro- '■■: pertyi'the subject to this .action.-. Dated' k\ the 16th: day,of jNovember, .1906. (Signed) :■ .Joshua. Jones",.','.',, -. ,;' '■""- , . -■,':/ i.\ Jones- made default ,ra payment ot .'."•ithe.'jrioney.above referred to. --. . '/ '5.- The''mortgage-was registered ;accornV| ■S'.irigly/'iri :NeW- Zealand .by. the .English '■: 'mortgagees.;.■'.---'-..". ■'■■":■)//.-.. .'■ ■''■■';■ v,6.-'The/'interest-of Jones-the niort-/.-'eaeor-was- eventually sold'--through ; a V. Registrar- of the', Supreme.' Court. of -New .'/.Zealand by. the mortgagees, and .bought. /;'.'by:one Herman Lewis.-:,- -■' ',-.'.■■.•■":•.'.'.. < ; .'•-•"■ 7 ■' • Jones' <-:then— notwithstanding ..-this /-"agreement above-set ont-lodred. a.caveat '■>- to stop: registration, of the- title of the, -' - ipurchaser, ttewis) from th 6] mortgagees. 8.; The question of :the validity of this :V- caveat camebefore. five •judges-the Chief --Justice,"Mr.' Justice •vvilliams; Mr, Jus-. '■'■' %ice -Edwards. -Mr.. Justice Cooper, and, ■' Mr." Justice "Chapman, :and- they.' nnaniA '/'monsly decided: that the caveat oould.not

'■■ 9. In these proceedings .Tones, attempt- -' ed to- "escape from . the , English Court ; 'orders assented to by "him, and from his '•own-agreement (above set out) on '^tne ■■'technical" ground of wantof jurisdiction ■/-'-in- the 'English Courts.' ■■'-.■ ; t ■•■'.;. y :; ; '■' 10. The neteffect of the above- decision ,'"•■'• : ttos that the sale by the English lenders, :- .'through the Registrar of, the Supreme -Court here, was valid, and that Jones '-vliad'- no' claim either' in lair or equity; "--■•" against or over the. Mokau lands..• -'-':";' U. -in-Hhese circumstances ' Jones., pctl- '=.- tionedv Parliament ... to.-,' practically' (in .^effect);;'-,enable him to' go behind -the 'i' order'rrriade and assented to.-by him in an ':■ action-"in"the : High Court:in 'England rv:arid to ,set.aside'the. judgments in the -\' Supreme Court here. • : .' ' '■' /'■;»;■,-■ 12. A-. Committee, of. the Legislative recommended petition for >.-■; favourable''consideration ,of the. Govern->»::-,menr and 'the'-. recommendation in the' '-..'■usual way'came: before-Cibiiiet for con,;v':Biderution,- but' apart'altogether from any' '". I question of?merits, ■ the Government,; as ,': is obvious, had rid power to interfere. ;:'■,:■--'■ 13; In-order,' however, that Mr.-.Jones' ,'-. might-have all his grievances investii v.gated -and any possible grounds, for; legis- ;'•-.-' lative ,interference disclosed, the: Govern;,'merit decided to; appoint a Royal Com.'.v mission;.and .instructions were given; nc-' :. cordirigly to the Crown Law.Ofhce. - The '•'present ■ Solicitor-General, . however,;', ad-.'•;•.•-vised,' on the authority.,of a-'recent' de- • v'cision of • the Court of-Appeal, that no .i ; : ; Buch...commission' could,", in ' the; circum- ,;.' stances above set' .forth;'be ;set .up.\ In «,;this view Mi. Jones's solicitor concurred. ..-.'That then is'the position in'-'which this ■•■'Oiaatter now stands.. ■• -'".--;'. :■'■'■ '-v '

•■'''■'.' ;: -'-' The 'Allega'tionsV^.•:'..'.'■"'.■'. ■•' '■ .'■.■;' These, ./shortly, ..are the plain .facta : of i.. this : business, but because Mr; Jones. 'Nassnmed; that : riiy partner acted ; ,for,Lewis ."'in; the purchase .'from the English mort- :.;. .gagecs, Mr!,. Jones'.lias' made, a number. ■' /of imputations against me* personally, and .>■.'; to do this he.does not,.hesitate to reflect ■;.,'■ upon the -Chief Justice, on Chief, Judgo ;•;' Palmer,. on .-the Registrar-General,' Mr. :,';. Bamford, on.my .own firm,' and on 'an ';.;.independent and well-known.firm of solicio.ltbrs 'in 'Wellington. It must surely \ be Vila'bad: case' that' demands such tactics V.. as these. - Let' me dispose of the imputations against myself. They are: (a) j..;: That, I acted. professionally; for 'Lewis, \ .'.the. purchaser : from the, English.- mort■C gagees; '(b).-. that Mr. \ Bamford, .the •Registrar-General, at my.instigation, ;or. it through my. influence (1) improperly tc- : moved .a", caveat lodged,' not,'- it must : : 'be observed/by Jones, but', by: tho Registrar/ at. New Plymouth, oh the sugges- • tion. of the . Chief Judge of :. the . Native. ..Land .'.Court,' who took .the view . that -'.'.Jones.'' himself' had riot obtained: valid * : leases, from the. Nativei owners, and' (2)' /".'had- registered subsequent" dealings;, (c) i.-that I. refused'to set up, or obstructed vthe. setting 'up," of. a Royal' Commission; (d) that as solicitor for Lewis, I asked '■■ ■■ from Jones certain largo sums: as a con- : "dition of some settlement with him;'(e) i • that I threatened and procured 'an m':'■.quiry,'. held behind Jones's back 'by. the -.: Chief'.Justice and Chief Judge: .Palmer, .•'.into Jones's leases'of the Mokau. lands ./.with intent -to injure; Jones, inasmuch . : "Jfts Mr.' Jones himself puts it) "fraud • ■ on part of Jones with his Native '_■'■ lesseeslTis 'put forward in .the..Stout...Palmer Native Land Commission"; (f) \ 'iS'that I am';interested in ,a mortgage for ,'.'•• .£IOOO from Lewis to.:Findlay, Dalziell, -:and:.Co.,.:ovcr, Lewis's.;interest' in ,the ... 'Mokau leases.■■'.' ■■. ' '■''-".,!'.- "-;•'>.:/ ', '•

. '..''■ ~ Tho Reply. ; V I thini, as far as I can'extraU it, that is the whole sum.of my iniquity,.-and I maysay'at once that every one of these numerous imputations is absolutely false and groundless. I am entitled to put. it thus strongly because, the Prime Minister has already • given an'unqualified denial to these reflections in another place. Even had I acted as solicitor for Lewis there could have been no objection, for Lewis certainly asks no concessions, assistance, or intervention from the Government. (Hear, hear.) He relies like

.' . any one else upon bis legal rights. But ■'-[ in point of- fact 1 have never acted as : .; solicitor for Lewis in any way, nor havo .'I-ever had any communication with

, Jones on anyone's behalf. I have had, tiirifortunately,' no rime to attend to my legal.office or take professional practice .B:nce : I.became a Minister, and I have no • interest' whatever in the legal work my . partner may; do for Lewis. But this is not all. Mr. Jones suggests that through some collusion between my firm- and Messrs. Travers, Campbell, and Peacock, the . local agents for tho English lenders. .Lewis's name as purchaser of the Mokau Estate was wrongly 'put upon the Land Transfer Registrar. I understand that Mr. Lewis's name was legally and properly placed on the Registrar—but that is not the • point. My firm did not act for Lewis in connection with this matter at ■ all,, until. after he had purchased the estate' from the English lenders—after his name was already on the Register, and after he had resold lo certain Hawke'3 Bay settlers. It was owing to legal differences between Lewis and these settlers that my partner was

first consulted, and first know anything übuiit this mutter.. It was certainly not in respect of any contest between Lewis and Jones.

(b) The imputation against Mr. 13ami'onl, one of the oldest and most honourable men this country contained, is disgraceful, and deserves nothing but contempt. ■(c) and (d) These lire already answered. (e) The imputation /that I threatened or procured' an inquiry by the Chief Justicß, and Chief Jv.d,-;o Palmer, niiil that they behaved as suggested, is ludicrous. Their findings being against Jones's titlc3 (upj;r whion under his j.urchase Lewis has to rely) were, really against Lewis, since he" had acquired all the interest Jones had.

.(f)'l have, unfortunately, no interest, direct ■or indirect, in tho mortgagore 7 ferred to, but I.understand that it is a perfectly proper and-legal .mortgage over Lewis's property,.: and, it would be certainly quite unobjectionable if I had''an. interest in it.

I regret that I have been 1 compelled to occupy your time, in making this statement. Perhaps' I'•.•night buvo treated these charges with silent contempt, but since the, newspapers have given them ample space and wide publicity, it is . necessary for my. own protection that these imputations should be clearly. disposed of; I could not, 1 1 have not, and 1 will not, in. any way attempt to defeat any appeal Mr. Jones has made or may. make to Parliament, but surely ho 'can make that appeal without this kind of' baseless, insinuation.