COOK ISLANDS INQUIRY

Dominion, Volume 4, Issue 1163, 26 June 1911, Page 4

COOK ISLANDS INQUIRY

NEWSPAPER OPINIONS.

The first report of the events following Sir Robert Stout's arrival in the Cook Islands to hold an "inquiry" into the charges against the administration is being discussed by our contemporaries.

The details, said "The Press" of Saturday last, confirm us in the opinion wo have previously expressed, namely, that the Chief Justice ought never to have Jtecn asked to undertake such n task, and ought not to have accepted it on tho conditions which have apparently been laid down.

"It seems to be," "The Press" continues, "neither a judicial inquiry of such a nature as the Chief Justice of the Dominion might fittingly undertake, nor yet a Departmental inquiry, such as would properly be conducted either by the Minister or by a head of the Department. The Covernment appointed I lie Resident in the Cook Islands, and aro just as much responsible for the proper discharge of his duties as they are for seeing that tho head of any Department at Wellington, or any Commissioner of Crown Lauds in the Dominion, is carrying out his duties properly and efficiently. If complaints aro made regarding tho : conduct of any Government servant in his official capacity, it is surely the business of tho Minister in charge of the Depart; ment to inquire into tho matter, and cither remove him if he is unfit for his position, or support him if tho charges aro disproved. For tho Minister for tho Cook Islands to shirk his duties aud endeavour to .shift the responsibility upon a Judge of the Supreme Court argues on his part either cowardice or incompetence, or both. Moreover, to our mind it is degrading tho office of Chief Justice to set the occupant of that high of. fica to such work. If it is argued that this is no ordinary case of Departmental, management but a matter of such gravity that it is absolutely necessary for tho restoration of publio confidence in tho Cook Islands group that tho charges should bo investigated bv somo impartial authority of the highest eminence, then the inquiry ought to have been held in public. Tho mistake which has been made seems to us doubly unfortunate becausa tho Chief Justice, in addition to inquiring into the conduct of the Resident Commissioner, regarding which public opinion is very much excited, has also to preside over a trial in which a white man is charged with the murder of a Maori, regarding which it is evident that public feeling, especially among the Natives, is still more strongly aroused, ihe Government wero quite right to send a New Zealand Judge of the Supremo Court to try the murder case, but it is not at all certain that respect for 'his ugh ofhra and confidence in his impartiality in a judicial capacity will bo increased by embroiling him almost siniultaneously in the turmoil of a local faction fight regarding the manner in which dutie!'»" mcnt official lms discharged h 'i»

Chris,chu r<:u' "'Evening News"

"The Government seems to go from bad to worse in regard to its relations \« h tie Supremo Court Bench. Undeterred m the objections raised to finding iobs &,«"> c »»«; Justice outside his Kd ™, »i'« ?" i■" mi - ns ,im thousands of pounds for his services in addition to his tuiary, n has commissioned bim to in. quire into the administration of affaira JL n° C °° k } S H nis - Tho Earolongnn poup, as most of our readers are aware, lias no I'arliamentary representation. It is run as a sort of adjunct to the Department of Native Affairs, and is in charge of a Resident Commissioner, who is a kind of Pooh Bah, answerable only to. Sir James Carroll. For many years the post was ably filled by Colonel Gudgeon and on his retirement tho Government appointed Mr. J. E. Smith, formerly a clerk in tho Treasury, but who was .selected by tho late Mr. Scddon for special duty in connection with tho Royal visit of ten years ago, and has since llicn been enjoying favours of n kind suggestive of excellent relations with the Govwel,T7i v "J 0 dar V, Siuc ,° this gentleman i„ i f ? {a ™\ a >W there has been a great deal of trouble,'and serious charges liava boon made against his administration bv several responsible residents. An inquirr became inevitable, and one that involved tho Government, because it had made an unsuitable, appointment and showed a cheerful disregard of what happened in the Islands/ or how its affairs were administered. Tho proper and most satisfactory course would have been to set un an impartial Commission of Inquiry to sit in pubic, take evidence on oath, and report to the Government, (he report to bo laid lisioro Parliament in due. course. But if there is a wrong way of doing anything, rha present Government is suro to stumble upon it, and in the present caseit has commissioned' Sir Robert Stout to investigate a matter which had become the substance of a political charge against the Government of the day. Sir Robert btout, with his- penchant for secret proceedings, proposes to deal with the allegations behind closed doors, and under circumstances which have completely destroyed tho confidence in the inquiry of those persons making the allegations. Under tho circumstances, the public of Isew Zealand will regard the whole proceedings With surprise, and disgust-sur-prise that the Chief Justice should lend himself to procedure of this kind, and disgust that tho Government cannot leave the Supreme Court to administer the laws of tho country, and refrain from employing Judges for purposes that are derogatory to their dignity and their office "