THE SECRET INQUIRY.

Dominion, Volume 4, Issue 1209, 18 August 1911, Page 4

THE SECRET INQUIRY.

; ; COOK ISLANDS AFFAIRS. £ THE REPORT. SIR R. STOUT'S SUGGESTIONS AND OPINIONS. ! Tho report of tho Chief Justice (Sir 1 Eobert Stout) on charges against the Administration at Rarotonga, Cook Islands, was laid on'the table of tho House of Representatives yesterday afternoon by Sir James Carroll, and the llouso resolved! to make the consideration, of tho document an order of the day for next Thurs- '. day. The Chief Justico'a report is dated "Judgo's Chambers, Wellington, July 19, 1911," and begins: "In pursuance of the request-contained in your letter of May 13 last, I have the honour to report on the,'charges referred to therein." . Tho !■> letter mentioned is riot given. ' The Chief Justice states in his report that he landed at Avama oil .Friday, J line ; 9. and at. onco mado inquiries to ascer- ■ tain what persons had made complaints • regarding- the administration of the Is- ' lands. So far as he could learn only three ■ persons had done so—namely, Dr. Dawson, a former medical officer; Mr. Reynolds, formerly head of tho police; and Mr/ Hosking, a dentist practising at Itarotonga. AH these gentlemen resided together. Next day lie sent each, of them «i letter, and also published in the Cook Islands Gazette a notice inviting all (those' who had any complaints t<J call on ihim. 1 Dr. Dawson, Mr. Reynolds, and Mr. 'Hosking called on'Monda)*, and ask-«d-whether the-inquiry ;was to be a public; one, and whether'the evidence was to bevon oath. "I read, to. them your letter; and 'explained that I 'had lio power to administer any oath. Reasons for Privacy. "There is, I may add, no law, in tho ».'Cook', Islands permitting oaths to be adi ministered even by a Royal Commission, ! and'.no provision for-the punishment-of , perjury before such a Royal Commission. In my opinion, however, the administration' of oatlis before a' Royal Commission T has very.little influence in tho obtaining i' if true statements, and when Sir James ' Prendergast made investigation into the conduct of a former Commissioner no oath f was administered by him. I informed them that, in my opinion, I could , the . better acquire the fullest information by an inquiry not open to the public. :■ Persons. might not desire to state what ; they'knew if it was to be known to tho , public. And assuming that there is a law of'libel 'or slander in.the Cook Islands (regarding which, for obvious reasons, I • express no opinion), persons might not : - choose to run the risk of defamation ac-1 ■ '-.tions; They asked time to consider tho matter, and on Tuesttay 'they handed mo'l letters in which they declined to make etatoments. Subsequently Mr. '. Reynolds ' asked leave to withdraw his letter, and mado'a lengthy statement to me. A per- : usaJ .of the lotters will show that # one of tho main reasons given for desiring a public inquiry was that they had been attaoked, and that they should have an opportunity of exculpating themselves. This seems to mo to imply that thero are? many of the whito settlers in Rarotonga who do not hold their opinions. ' I had, of course, neither authority nor | power to investigate .charges that may . have' been made against them, but only to deal with the charges that had been made against the . administration of./' the Government. No person came forward '■ with any complaints except Mr. Reynolds., l<mefc tne Arikis and members of,tho District Council,' and several Mataiapos and Rangatiras, and the Natives in their various villages—Ngatangiia, Arorangi, and Ava- ■ rua.'-: Six white settlers-',formally called on';:±iie'rthd''iiiade statements regarding the administration. I met.several more casnalW ftftd ,( \engag<Spm conversation wifli'lthem with refeflsfis. to the' management of Government affairs. The Reverencl./H. Bond -James did not make any formal complaint, save that lie thought v that; the law as to white men living with Maori women- should 'be enforced. 1 ' His Honour says that Colonel Gudgeon : ana' the present Commissioner have not jiveii their consent to any criminal prose- ' cutibhs under this , law, and Mr. Reynolds stated that from'Tiis knowledge he-thought that the' Commissismers were right; No ' charge is mado by Dr. Dawson or Mr. Hosking against the Commissioner for ' not [enforcing this law. I '0 r ; Local Government. Before dealing with, the complaints of the'three named parsons, the Chief Jus-tice-imakes some general observations. He points to the objections of the Natives to outside interference. "If the Island. Councils are not to haVe any power of management in the municipal or local concerns of the Tespectivo islands, it is obvious that the' proper thing to do would be to abolashall local government. If that were done, 1 however, I expect thero would be. a very vigorous demand mado by thei people of the Islands .for the severance of the Isiancfe from the control of New Zealand. The; charges that were adduced by Mr. AVright are wholly about municipal matters, snch as the management qt.the hospital,' tho question of drainage of a /swamp, and tho dismissal of a'local officer. Jt 'has not hitherto been iisttal for the -New; Zealand Parliament to interfere in snch. matters. Tho management of city orvcmmty affairs has not, so far as I know, been interfered with by the New Zealand Parliament, and it is questionable whether it would. be advisable, even if i;hei'Parliament has the requisite knowledge, to interfere in the purely ' local ,concerns of Jlarotonga. This is' a mat. iter . not for n-.y consideration, but for ' tljo oonsidoration of your Government. If a precedent is laid down, that in a purely ilokal matter two; or three, or more dissatisfied citizens have a right to demand •'A Royal Commission to investigate tlieir .gpovaaces, the number of Royal Commissions constituted will be greatly increased. > ■ -'Disquieting; the Natives, f't ajn strongly of c-pinion from what fl' ho.YO heard that it will not help. good government in. Rarotonga to have such investigation, ami.l might further say that . attempt ,to create ill-feoling between the .Resident 'Commissioner and the Natives must tend to destroy any chance of good government in Rarotonga. In making this statement, I am only re-edhoing • jvhat Sir James Prendergast/ said in his leport of .February 2-t, 1898:—. . . I was .told by one white settler that even thp I appeal to the New Zealand Government by Dr. Dawson, Mr. Reynolds, and Mr. ■Hosking had a disquieting effect on the Native mind. 'What,' said they, 'is coming .next? Is all the power to be taken from tho Arilosi'' "Another matter they seem to have beard is that the Maoris are losing their Jand iniNew Zealand. You are, no doubt, \ 'awitre that, according to Rarotongan law, I mo,land can be sold. Land, however, has lieen to Europeans, and some of the .'Native-inhabitants seem to have been informed, perhaps by -Maoris from NewZealand, who have visited them, that the Parliament wishes to force the Maoris to gall, their lajids, and this has given the ; Barotoflgans great concern." •v. "Like 3 Ship at Sea," ' After 'pointing out that the population &f JESarotonga is only 2620 Natives, and 12G Whites, his Honour remarks: "In a small .. 'community like this it is not surprising 'to find a difference-of opinion amongst the . inhabitants. The climato also invites misunderstandings. There can be but little social life. There is no newspaper, and though there is communication with the outsido world, twice a month, people did not seem. to me to take an interest either in world or in Now Zealand politics. Thero is no public library, and tho climato is not one that invites severe study. It is 'making no ehargo against tho European settlers, who seem to me just 'tiko. the ordinary settlers in New Zealand!'"to say that tho residents are practically akin to peoplo TO; 8' ship; and we know that people on a ship on a long voyage rarely complete their voyage without misunderstandings) happening amongst passengers, and perhaps between the captain and officers and the .passengers. This is not the first time' that there have been difficulties in Rarotonga. . ... Norarethe whites'at. present all agreed: some'it is said support the CornmisKoner, and some are dissatis-' lied with him. If one were to read a novel, say, of Jane Austen, Anthony Trollope, or J. H; Barrie, he would ob* ) ...

serve that the same class of misunderstandings appeared in villages in England and Scotland, and no doubt arise there to-day. The Charges. "When tho charges are examined it will bo seen that they are of minor importance. Tho charges made may be thus clarified:— A—Hospital management. B.—Tlie-administration of justice. C.—The terminatioii of Mr. Reynolds engagement. D.—The drainage of the Maererenga La'goon. I).—The appointment of a European member of tho Federal' Council. F.—Prison administration. G.—Tho intoxicating liquors question. 11.—Education. I.—Appointment of an Auditor. "Tho above headings cover all tho complaints. I may add that one of the wliito settlers stated tliat some of . the white people object to the Cominissioners for not entertaining, and entering into, the social life of the community. Tins settler, however, had no sympathy with such complaints; on the contrary, lie _ cordially approved of the action Captain Smith had taken in keeping himself apart from all persons in tho community." The Hospital. Dealing with tho complaints relating to hospital management, the Chief Justice quotes letters which passed between Dr. Dawson and the Resident Commissioner, and between the Resident Commissioner and Dr. Story (Acting-Medical Officer), from January 31, 1911, to February 8. These letters related to requests by Dr. Dawson for the admission of certain patients to the hospital. His Honour further mentions that on February 27 Dr. Dawson wrote again. "Dr. Story wrote on the 29th —next day. No reply seems to have been sent to Dr. Dawson, and an March 1-1 he again w rote to the Resident Commissioner, and tho Resident Commissioner replied on the 14th, stating that he had handed the correspondonce to. Dr. Chesson on his arrival, and that was why he had not communicated with Dr. Dawson." His Honour does not give the letters of February 27 and subsequent dates. Who Was to Blame? Commenting upon the correspondence, the Chief Justico says that Dr. Dawson could have ascertained for himself whether the hospital was suitable for the treatment of the cases ho said he had. Uhy did he not do so? Surely, if human life were at stako it was. the duty of a medical man ,to ignore any discourtesy with which he might havo been treated by an absent medical man, and to have gone to the hospital himself and availed I himself of the offer made to him by Dr. Story and tho Commissioner. But that is not all. At the time that the. Commissioner received this letter of-February 3 the- man who was said to be suffering from ischiorectal abscess was in fact dead. Ho died in the morning or forenoon of February 3, Dr, Dawson says lie was not awaro of his death -until tho afternoon; but when he became'awaro of his death, why did he not write to tho Resident Commissioner and so inform him? The first intimation thiit''-.ne of the patients had died appears in a letter of February 27. It seems that some days before the patient's death his lito had been despaired of by his relatives. If the man was in such a sad state, why did Dr. Dawson not take him at once to the hospital if he thought that human aid could save his life? His Honour considers that so far as tho correspondence is concerned, if blame , is connection with this affair is to rest on anyone, it is certainly not on the Commissioner or on Dr. Story. All the "Fuss." His Honour was informed by. Dr. Perceval that the drainage of the. hospital was perfect, and he-inspected' : :it- himself..' A of .settlers-waited on the' Chief Justice with n'memorial, asking that Dr. Dawson, might be appointed as assistant to Dr. Perceval. The. deputation said that they, had no fault to find with Dr. Perceval, who had done and was doing-his'work to the "satisfaction 1 ofi.a'll. "Dr. Dawson-is well liked,"- says his Honour,', "by;itho largo majority, of, white iuM'bitantsi-'of Rarotonga.""' Whetlierj-'in view of the past, "employment '.I 'dan bo found for him in tho Cook Islands Is n matter entirely for the consideration of the Administration. I may add that one settler said that all the trouble—l think he used the word 'fuss'—that had arisen in the Islands would cease at once if Dr. Dawson were reappointed to some medical appointment in connection with the Cook Islands." Administration of Justice. "Tho first charge, relating to tho administration of justice is that a se<ntenc(j was. passed-.on a Native; called-Soloinona, that was not warranted by law—namely, that he was sentenced to twenty-one days .om>- bread and water. - It is true that thero is no provision in the Crimes Act allowing such a sentence to be imposed, but there is no Prisons Adt in forco in Rarotonga. and no regulations as to the feeding of prisoners. As to tho other sentence that was imposed on him, that was warranted by law. . . . Tho other charge was that prisoners Ivho wero charged with drunkenness, etc., Were sworn, before their plea was received. This apparently seems to have been done in somo instances, and was not warrant-! Ed, but I am not aware that any injury who sustained by anyone. If the Commissioner had had experience in Courts he would have known that persons when sworn to give evidence on their own behalf very rarely speak th© truth. Theso aro all tho charges that were mado in Mr. Wright's letter with reference to the administration of justice." Dismissal of Mr. Reynolds. , Tho Chief Justico says tho Resident Commissioner did not exceed his powers when ihe dismissed Mr, Reynolds from his position as head of the police. "No charge was made against Air. Reynolds on his dismissal or afterwards, save that the Commissioner thought that he was hostile to him. It may be that lie thought so because of the companions ho kept. It is clear that Dr. Dawson and Mr. Hosking wero hostile to the Commissioner, and they wero Mr. Reynolds's associates. It is also clear that there was* friction between the Commissioner and Mr. Reynolds, and i am not surprised at such being the case. Mr. P.-eynolds, no doubt, with nothing but a desire to havo crime put down and peace maintained, was in tho habit, before cases came on/before the Court, of writing to tho C'oumissioner. who was the Judge, as to ho\v ho should disposo of criminal matters, and after sentence, he sometimes 'remonstrated' with the Judge. Of course, this was wrong. Mr. Reynolds, no doubt, wrote to the Judgo with the best intentions. Magistrates or Judges in New Zealand would severely deal with a sergeant or Inspector of Police who wroto long letters to them offering advice as to the manner of dealing with offenders or his opinion of their sentences. Mr. Reynolds mado- a long statement to me of the way in which ho performed his duties. So far as his statements concerning tho Commissioner were concerned they wero a criticism of the sentences passed on prisoners. . . . I did not consider it my duty, nor had I the time wero it my duty, to rehear the cases Mr. Reynolds mentioned, and thus ascertain, whether tho sentences were proper." "I may add," says his Honour, "that I did not think- it necessary to submit Mr. Reynolds's statement to tho Resident Commissioner for any reply he might havo to make. I believe that Mr. Reynolds is an honest man, but lacking Eomcwhat in discretion. Capta.in Smith' has made no charge against him. If an opportunity of employment in Now Zealjirid'2 should occur, "I do not think that he has dono anything to' forfeit his/right to obtain such employment. I am also of opinion, however, that if a. Resident Commissioner has no power to dispense with the services of a person engaged upon monthly notice on either side, it will bo difficult to carry oilfc his duties as Resident Commissioner. Further, if Mr. Reynolds desires to Jeavo Rarotonga ho should, in my opinion, havo liis 'passago paid. This was offered to him some months ago. but he did not then avail himself; of -the offer/" Draining a Lagoon. The Chief Justice does not think tho Commissioner lias been injudicious in postponing this question of drainage of tho Maererenga lagoon until he ascertains exactly what tho cost is likely to be, and until it is seen that the finanfte aro strong enough to allow the necessary expenditure compatibly with tho demands of the Cook Islands generally for ;public .works'. He should also ascertain what the owners of the private lands that will be benefited will contributo to the expenditure. His Honour thinks the question ~of .draining this lagoon does not call for

investigation and interference by the New Zealand Parliament. The . Federal Council. After pointing out that -the European population does not amount to one twentyfifth of the Native population, and on llio local Council there are one European member and eight Nativo members, his Honour says, that no doubt the time may come when ir white member may bo elected to the Federal Council, but this is a matter that, in his opinion, should not be pressed, and should bo carried out only with the unanimous consent of the Native people.. Prison Administration, There is no prison in Rarotonga, and the mode of dealing with those who have offended against the laws has been a sort of reformatory treatment. They are allowed to go to their own homes at night. They are usually employed in roadmaking. A charge was preferred that two prisoners wera employed, one by Mr. Blaine, Registrar of the High Court, and one at the Residency. Theso charges were put forward against tho Commissioner. After discussing the circumstances in detail, tho Chief Justice exonerates Captain Smith, the Commissioner, as ho was absent at tho time. The Liquor Question. "There is no doubt great trouble in the Islands through the manufacture, more than through tho sale, of intoxicating liquors. . . . Hie present law allows liquor to be imported only through the Government tpnd, and the "Customs officer may Tefuse to givo liquor even to those who import it if he thinks that the giving of such liquors is_ causing mischief. Tho amount of liquor imported by Europeans and delivered to them in Rarotonga for tho twelve months ending March 31 last was 268 gallons of spirits, 282 gallons of wine, and 298 gallons of beer. Assuming that the population is 126, that would give an average per head for Europeans and half-castes living as Europeans of 2.28 gallons per head of spirits, 2.23 of wine, and 2.3G of beer. There were also supplied on doctor's certificate 283 gallons of spirits, 119 of wine, and 92 of beer and stout. In my opinion this is an extravagant amount for the European population of the Islands, and tho amount given for medicine is' also large. The Europeans, I am afraid, must have given some of it to tho Natives; but what is of more importance is the amount of intoxicating liquors made from bananas, oranges, and other fruits. This manufacture of alcohol see.ns to be very prevalent in the bush districts, and also in some of the villages, and it is having a very injurious effect on the Natives. Mr. Reynolds complains that the Commissioner was not insistent on the stopping of this bush-beer-making in the Islands. It is doubtful if thero is a sufficient, force of police in the Islands to' put it down. The suggestion has also been made that the Native police were not very zealous in putting it down. I was told that some of the Natives argue that if Europeans can get ■ their liquor, why should they be prevented from getting theirs? ... Prohibition the Remedy. , "From what I could gather from many white residents, a large number —I was told perhaps 80 or 90 per cent, of tho white residents—aro in favour of alcohol being prohibited absolutely from coming into the Islands. I believo that is tho only remedy. If that were carried out, alcohol only being received as a medicine and dispensed as a medicine by the doctor, the brewing of bush-beer could bo more easily put a stop to. Efforts should bo made to try and create public opinion amongst the Natives against the use of alcohol, and from what I heard this could, I believe, easily be done. Many of the Natives that addressed mo urge'd that some steps should be taken to promote total abstinence. I am also of opinion that there will have v to bo mors strenuous efforts made to put down what -is termed 'bush-bcer drinking.' It is true that no law x can bo enforced if' it' is against public opinion, but I believo that the Local Council and the Arikis aro desirous that something should bo done, and if their influence is thrown into the scale for teinperanco the nolico would find it more easy to get the existing statute strictly enforced." ... Education. The Chief Justice thinks that the education of the children should be considered the duty of the Administration, and he advises the acceptance of an offer of the school buildings of the London Missionary Society. The school should aim at industrial rather than literary teaching. Appointment of an Auditor, "There was some reference made to the appointment of Mr. Twiss as auditor. He was appointed only as a temporary auditor, and was paid the sum of ".£25. ' He" did his work well, an'd since then an offi-cial-of tho Post Offico from Nen- Zealand visited the Islands and audited all the accounts, and found that Mr. TwissV audit was correct. I was, informed that tho accounts up to the end of tho financial year had been audited by this postal official." '• Referring to a suggestion that too much money had been spent on the Residency, the Chief Justice says he visited the Residency once, and failed to sec any evidence of undue expenditure of money on tho building or its surroundings. The house,is not better than some of the Native houses, and did not seem either largo or extravagant. Commissioner and Judge. "I understand that the titles of one or more of the islands are not yet finally settled, and there is therefore need of a Judge to deal with them. Assuming that in ordinary circumstances it is wise to have tho Resident Commissioner also the Judge—an opinion with which I do not agree—there is a special reason why, for some time to come, an officer should bn appointed to perform purely judicial functions. He should, in my opinion, have had either Magisterial or Nativo Land Court experience. His duties may entail on him a considerable stay on islands other than Rarotonga, and it cannot be expected that the head executive officer whoso duty calls him to Rarotonga can perform such judicial work. It will be noticed from the speeches made and addresses delivered by the Natives that they desired a Judge." Racial Problems, The Polynesian race, his Honour thinks, can only be preserved by maintaining the present laws excluding the coming of various tropical races into the group.'. It does not seem to him that tho islands can uo tho home of a pure-whito race. The Polynesians are a fine race, and it would be a sad thing if they were to porish. In order that they may live, attention will liavo to be paid to their health, and to tho prevention' of many diseases that are now rife in all tho South Sea Islands. Attention is being paid to some .extent in this direction in the Cook Group, and tho past and present Resident Commissioners deserve great credit for having provided clean, pure water for some of the villages, and thus greatly promoted the public health. Good Work, »"In conclusion, I have to soy that tho Administration has done and is'doing good work. Considering the small pay that is given to the Resident Commissioner—only i£GOO a year—and the fact that the climate is not a climate suitable for Europeans, it is not likely that tho higher officer? of the New Zealand service would accept the appointment of Commissioner. I might make a suggestion here—namely, that if at the end of Captain Smith's term of service any New Zealand official is appointed Resident Commissioner arrangements should bo made that the residence in tho Islands should for the purposes of pension count time and a half—that is that, instead, of counting one year's service as ono year, one year's service should count at least, as one year and a half.- Something will have to bo done if the higher officers of the service are to undertake the duly of acting as Resi : dent Commissioner. A Resident Commissioner has not only Ihe rlimate to ("intend with, but, judging from what "lias taken place in the past, he will have to put up with a considerable amount of carping and petty criticism. Tho Islands have under tho administration of the present Resident Commissioner been exceedingly prosperous, as the increase of imports and exports will show. . . j The Natives. "I forward herewith the addresses mado to me bv the various Arikis and Natives at the different places. It will be seen from these addresses that the Commissioner has succeeded in carrying along with him the good feeling of tho Nativo population. This I consider a very irn-

portant result. They are quite content with the Commissioner, and what they ask in reference to education and other matters will appear from their addresses, f may add that they were exceedingly kind to me. The white settlers also were most hospitable and kind.-. "I send you herewith the notes of evidence, but in my opinion the evidence ought not to he 'published. It contains, in some cases, reflections on other people in tlio island. I did not consider it my duty to inquire into these rcflectious, and it would be unfair to publish them when the persons referred to have not had an opportunity of rebutting the criticisms." The report concludes with an acknowledgment of assistance rendered to the Chief Justice by the Maori chief To Hen Hen Tukino, in councction with the Natives. ■ DISCUSSION OF THE REPORT. FIXED FOR THURSDAY NEXT. SOME REMARKS BY MR. MASSEY AND OTHERS. The Acting-Prime Minister (Sir Jas. Carroll) moved that the report of the Chief Justice (Sir Robert Stout) upon tho 'administration of thd Cook Islands bo laid upon the table and be printed. Mr. Massey, Leader of the Opposition, asked whether Parliament would he given an opportunity of discussing the report. Sir James Carroll said there was nothing to prevent' t'lio House discussing the report then, 110 thought members wero familiar with the charges which had been made against the Administration of the Cook Islands. Tho press had been full of them for some months. Mr. Massey rejoined that technically there might be nothing to prevent the report being discussed at once, but there was a great deal io prevent justice being done to Che very important matters dealt with in tho report. Not a single member of tho House, outside tho Ministry, had had an opportunity of reading the report. As the hon. gentleman had said, the papers had been full of references t'o the Cook Islands, but no official information had been given. People throughoutNew Zealand were interested in these charges and the matter was of the utmost importance t'o the people of the Cook Islands. It had been suggested that a petition was coming from the Cook Islands. Probably the hon. gentleman would say t'hat the matter ought' to be discussed then. But possibly the petition might not arrive -and even if it did, the witnesses might not be forthcoming. Ho urged that the report' should be made an order of the day on the morrow. Sir Jas. Carroll said that since there was such a keen demand -for an official statement in regard to Cook Island matters he would be-prepared to bring it up on that day week. Mr. Massey. said he was. quite willing that this course should be followed. Thoso in charge of private members' Bills might object, as Thursday next had been set aside for tho discussion of these measures. The motion was amended lo provide that tho report' should bo an order of the day.on Thursday next, standing next after local BilLs. Sir W. .J. Steward (Waitaki) objected that Thursday was the last day set aside for private members' Bills. Mr. F. jr. B. Fisher (Wellington Central) moved as an amendment that tho discussion should be taken on Tuesday next. Sir Jas. Carroll ■ objected and suggested that l.lie discussion on tho report iniiht be taken on Thursday, after local Bills had been disposed of. and continued until 8 o'clock. Private members' Bills could be dealt with afterwards. On a division' Mr. Fisher's amendment was defeated bv, 3G votes to 27. The l-epprt will therefore be discussed on Thursday next.