COOK ISLANDS AFFAIRS.

Dominion, Volume 4, Issue 1116, 2 May 1911, Page 4

COOK ISLANDS AFFAIRS.

The Government has at last made up its mind to a definite course of action with respect to tho complaints regarding the administration of the Cook Islands The decision arrived at is that the Chief Justice, Sir Robert Stout, shall proceed to the Islands next month to preside at the trial of a white resident of the group who is charged with the murder of a native under circumstances stated in our columns some weeks ago. His Honour, so the announcement runs, has also consented to inquire into th'j charges and complaints made against tho local administration. We are not at all certain that the Chief Justice's iuria diction extends to the Cook Islands without the passing of a special Ordcr-in-Council modifying the local laws of the Islands; but in.any case we most heartily endorse the decision of the Government to send down a Judge of the Supreme Court to deal with this murder charge. The public will .perhaps gain a clearer insight into the state of affairs at the Islands than they at present possess when they understand that unless some competo'it person is sent down to preside over '..lie trial the duty must devolve upon the Chief Justice of the Cook Islands, who is no less a personage than the Resident Commissioner, Captain Smith, as our readers are aware, was until his appointment a short time ago a Civil Servant without any legal training and quite inexperienced in ju-i----cial procedure Moreover, ho m-ist sit without a jury. It is one of the unfortunate and ludicrous featuresof the sitjation at the Cook Islands that Mr. Smith, who was given the quite harmless and empty milita-';-/ title of captain in order no doubt to add imprcssivoness to the personality of the Resident Commissioner, was also endowed with the still more high-sounding_ and far-f iorn-empty designation of Chief Justice of tl.e High Court of the Cook Islands. Acceptance of the rank of captain did not require Mr. Smith to do more than wear a uniform, but as Chief Justice he is the highest legal authority at the Islands, and has to dispense law and justice to both Europeans and natives.

It is not necessary to elaborate the possibilities associated with such a situation. That Mr. Smith fully understood the responsibilities he was undertaking when he accepted the appointment of Resident Commissioner is difficult to believe, but the Government who appointed him could not have been blind to the risks taken. We do not propose to deal further with that aspect of the situation at the present time, and we merely touch on it now in order to make clear the reason . for the action of the Government—which wo

thoroughly approve--in sending down a Judge of tho Supreme Court to_ preside at the trial of the man Wigmoke. The preliminary proceedings leading up to the trial, which are stated to have given rise to dissatisfaction amongst tho natives, will probably come under review later, and \ve shall then have something to say also regarding them. As to the inquiry which Slr Robert Stojt has been deputed to make regarding the general administration of the Inlands, we have all along insisted that the investigation to bo wholly satisfactory must !« conducted as in the case of a Royai Commission, with the witnesses on oath. Tho complaints made are of a very serious character, and the persons concerncd have so much at stake that every precaution shouldbo taken to ensure that the truth shall be disclosed, and that justice will be done. It is difficult to conceive any good reason why in the circumstances the witnesses should .not be sworn before giving their testimony. Another matter is tho fo'.'m which tho inquiry is to take. This, we arc told, is to be left entirely to the discretion of Sir Robert Stout. It is desirable that something more definite than this should be disclosed. For instance, we should like to know whether the investigations will be conducted in public and with the press present. Also whether the Government proposes to send down a shorthaid writer to take a full report of the proceedings for presentation to Parliament, together with the report of Sir Robert Stout. Unless these points arc cleared up the public will be left in' doubt as to the nature and extent of the investigations, and this may lead to further dispute and unrest at the Islands.