PARLIAMENT.

Dominion, Volume 7, Issue 1929, 11 December 1913, Page 4

PARLIAMENT.

> A QUIET SITTING, MORE ABOUT NATIVE LANDS. WEST :i Minister answers critics. •The Council sat at 2.30 The Hons. 0. Samuel, J. B. Callan, and J. Dutbio wcro appointed mana££K; *9\ confer-with, the House of Repre-sentatives-on ■■the-amendments to the Municipal Corporations Bill. Tho Native Land.. Amendment Bill was read a iirst time. On the motion of the Hon. H. D. Bell tho Bill was read a second time; 1 pro forma, and referred to, tho .Native Affairs Committee.

'A message ' was received from the Houso of.'Jltepresciitatives agreeing to tho amendments in tho Lyttelton Harbour. Board-Land Bill, Hospitals and Charitable. Institutions Bill, and the Wanganui Borough Council Special Rate Empowering and Special Loan Bill. The report of tho conforenco on tho Water Supply Bill was presented and agreed to. The report sho.ved certain amendments had been agreed to, ono enabling a company to irrigate lands, with a view to disposing of it by tendor or contract to settlers, which had been amended in the Lower House, restricting such provision tq the '.Vincent' County. >

NAPIER HARBOUR LOAN. vTho Hon-.. C. M. LUKE moved that tho Napier. Harbour Board Empowering and Loan "Bill bo referred.to the Local Bills Committee with- a -view to further cviderico being taken and that a report beiready.tbc.following day. Tho Hon. J. D. ORMOND considered tlmt if such a step was to he taken tho inquiry would have to bo extended to- allow such evidence as would onable tho Committee to'come to a report on the wholo pros .Slid cons of tho mattor.

Tlio Hon. H. D. BELL said he understood a witness gave evidence, on behalf of those opposed to tlio Bill. It was now desired that evidence in support should be given. They could deal with tho matter tho following day. Tho Hon. J. ANSTEY.thought that there should, bo careful consideration beforo permission was given for a loan of £300,000. ' Why was it that tho matter was kept back to tho end of tho session? It-was quito top late for them to< consider the evidence.

The Hon. T. THOMPSON, as chairman of tho committee, said ho had no objection to the Bill being referred back to the committee, but there was not the slightest chance of the report being ready tho next day. The Hon. J. D. Ormond and tho Hon. C. M. Luko had 'both . intimated that they would be bringing further evidence. It would tako days to consider.

The Hon. JOHN DTJTHIE thought tho Chairman of Committees was rather discouraging when he talked of delay. It was quite apparent that Napier Harbour, i. although they had a very substantial nbrcakwator,.-was still a long way-insufficient to givo accommodation for shipping such as was necessary for such a port as Napier. Hero it was proposed, by excavation and formation, to construct a harbourifor largo seagoing vessols. ,Tho,more recent models of-excavation machinery had enabled engineers to mako a practical examination of tho. course to bo taken to carry out such a work as this. From what lio understood thpro could bo no doubt about tho result of the. work when car-ried-out. Tho Chairman of Committees was very discouraging when bo thought tho evidence- would tako such a leng time. Ho (tho speaker) understood that thero wero only--two .witnesses to bo.taken. If'the thing, was reasonable, as;to all'appearances it-was, ho did not think tiro Council should' mako an exception!, and" treat with ono Bill ovor anothej;. ..'There. ..was a largo, sum of money involved, but that was a question for. tho people in tlio district to consider. Bawko's Bay was a wealthy district, and the peoplo would themselves decide whether the business of the district could carry it. Ho thought tho report should bo-ready the next afternoon, and hoped that no exception-would bo mado with this • iiij tth&. Council.

. Tho Hon. T.-. Thompson .said'he had not evon suggosted r 'that'. the committee would delay the inquiry! The Hon. C. M. LUKE, after further discussion, said 'he was amazed that tho;Hon. Mr.' Ormond-should suggest bringing "other arid- technical ovidonco front.other paxt3 of' New Zealand. Tho latS Sir""WmT'Paisselt •had had charge of tho measure, and his decease had delayqd. matters. Yesterday no (tho spoalter) was faced with the position of taking ■ charge/.of .the-;' ; Bill. Ho had thohght thac consideration would havo been extended to the district. Tho Bill passed' tho second reading in tho House of Representatives, and passed tho comsnitteo rwith little discission, 'Phis proposal had been before Jho Hawko's Bay district'for years, and' had been, tho question of election of the Harbour 'Board in Napier for the last two years. Ho'undcrsxood that last election ten out of 6lovcjn members were elected pledged to support tho proposal. Ho hoped tho Council would not deprive tho people of tho district of tho right to carry out this work by any delay of the session. I'lor this reason ho asked leave to withdraw the motion. -'' ■'

••■ Leave to withdraw was granted, and the' Hon. C. M. Luke moved' that tho second reading of tho Bill bo mado an order of'the day for Thursday. Tho,motion .was carried.

NATIVE LAND AMENDMENT. The. report of tho Nativo Affairs Committee on the Nativo Lnnd-Amend-rnent Bill was received. 'Tho Hon. H. D. BELL moved'that tho Council go.into Commitee, pro forma, on tho Bill. In Committee, tho Hon. H. D. Bell moved that the amendment of tho Native Affairs Committee to the Bill bo agreed to, and tho Bill was reported with amendments. ■ The Hon. H. D. BELL on tho motion that the Council go into Committee for the further consideration, of tho Bill explained the provisions of tho Bill. Tho Bill, he said, had been uttacked very considerably, and, ho considered, very unfairly. Some years ago, in 1909, tho system of purchasing land-was adopted by the system of assembled owners; ouo instance was tho Mokau. So long as tho assembled owners hail members encouraging them, so long they met and sold. When the present Government got into |K>wer they were not encouraged. Tho Maori must bo protected from compulsion, but becauso ho was .protected from compulsion ho must not be allowed to Mod; settlement. Every Nativo was still, to be endowed with some area of land sufficient for his maintenance, but was allowed to sell, and! if it was an individual share must sell to tho Crown. Tho Hon. W. If. NIKORA said that ono schemo had followed another without "iving satisfaction in the .settlement of the Nativo land. This Hill would bicililato tllo purchase and settlement >>f Native land. Taking it as a whole )ho Government wore to bo congratu'hted oil' the fair manner in Which thev had dealt with" tho question. Ho intcmiid to vote for tho Bill, although rumour /iad it that thoro was a clauso which would alienate tho Nativo from his land: A careful perusal of-tho Bill failed (to disclose-" "such' a clause. (Applause.) AVhether tho Bill would provo a panacea for all tho trouble remained to bo seen. The Hon. G. JONES protested par-

tioularly against tho dragging in of flic poor remnants of land retained by a great race. Tho Grcyniouth lenses wcro an instance. In Committeo on tho Bill all clauses with minor non-contentious amendnieiits wore put through, and tho Hill reported. The Bill was Tead a third time and 1 passed. The Council rose at 5.5 p.m.

THE HOUSE.

The House of Representatives sat at 2.30 p.m. Mr. J. A. YOUNG (Waikato) gave notice to ask the Minister of Public Works whether lie would give authority to have an explanatory survey made of the route of a proposed line from Putaruru, to junction with tho Main Trunk lino at To Awamutu. WATER SUPPLY BILL. Tho Hon. W. FRASER reported tho decision of tho conference of managers of tho two Houses on the Water Supply Amendment Bill, which provides for the establishment by a company of an irrigation scheme in a district in Central Ho explained that the conference bad agreed to tho 'amendments which ho bad proposed, and bad also agreed to a proposal that the. operation of tho Bi'l should he limited to Vincent County. To thoso amendments the House agreed. """"""TO sit next week. Replying to a question as to why the Houso was not given a cbanco of discussing replies to questions, Tho Hon. W. F. MASSEY said that the opportunity would bo given later. "After what took place yesterday,"'ho said, "I camo to tho conclusion that the Houso would probably bo sitting next Wednesday, and that instead of taking questions to-day wo could take two weeks' questions next Wednesday."

NATIVE LANDS. THE WEST COAST RESERVES. RELIEF FROM TUTELAGE. The Hon. W. H.'HERIUES (Minister of Native Affairs) moved tho second reading of tho West' Coast Settlement Reserves Rill- He explained that tho Bill did not apply to all tho West Coast Reserves, as they woro usually understood, but to,'those not dealt with by the 1892 Act. This Act gave tho lessees power to acquro the right of perpetual renewal to their leases, but many of the lessees, holding 18,000 acres in all, under tho original Act of 1881 did not tako advantage of the power. Now the time was approaching when the leases woro falling due,- and if no Bill were passed tho leases would bo put up to auction and tho rents paid out to the Natives by the Public Trustee. This wa? not tho wish of tho Natives, to whom tho irarao of the Public Trustee was anathema. They wanted to get the lands out of the hands of tho Public Trustee and to deal with them themselves. Elements of Compromise. At' tlio same-time the tenants wished to bid for tho lands at auction, but were a little afraid of being out-bid. Thus there were all the elements of compromise, and the Bill was the result. Tho tenants would by it get an extension of their icases. The Native would gain by tlio fact that in ten years he would, be rid of the. Public Trustee, and tho land would revert to him absolutely, and in the ten years tho Natives could be partitioning their lands. Then a Native could at the end of the term tako up his land with a title in severalty, upon which he could readily borrow money to improve it.

Mr. Parata: Bring in a Bill to give tho Natives tho whole lot back, tho 180,000 acres.

• Mr. Hemes: We can't deal with that. Tho tenants have acquired a right to it under the 1892 Act.

Mr. Parata: Bring in a Bill to amend that. _ / Mr. Horries said the Government could not break t'lie contract entered into with the lessees. A good deal had been said about tho "sacred contracts" when tho argument suited tho other side; and the Government had been accused of breaking thorn. This contract they certainly could not break. Ho went on to explain in detail tho clauses of the Bill. The parties had, ho said,'balanced their losses and gains, and so far as lie could seo the compromise was a fair one. Ho was inclined to think tho Natives had got tho best of tho bargain.

Natives not Children. He had been sorrv to notice that members of tho Native race in the House were in tho habit of running down their own race, saying that they should be kopt iu tutelage by tho Public Trustee and treated as children. But he had met Natives who were as sharp, as capablo of driving a hard bargain, as any pakeha, and they ought not to be kopt ao mere rent-receivers, under tho control, to them odious, of the Public Trustee. They had never agreed, but always objected, to tho lands being' handed over to tho Public Trustee, and now tho Crown, by proposing to take those lands away from tho Public Trustee, and give tlum to tho Natives, was not breaking any trust with tho Natives. The Government, by taking this power, and also tho power to purchase from tho Natives, would probably be accused of land-broking, but it was all part of tho policy the Government had had in view always—to cut up all land, whether of Natives or Europeans, and sottlo it in small freeholds. This policy would, bo the best for the country, and tho time would come when tho ncople, Natives and Europeans, would call the Government blessed for establishing it. Tho small freeholder was the ftninstay of the country, and he was not sure that recent events had not proved this. (Hear, hear.) Tho Government would .not chaso the Natives to persuade them to sell, but if tho Natives wished to sell they would be naid in hard cash for their lands. If tho Natives did not chooso to sell, thov would have the rightto walk into an improved farm and to borrow money wherewith to work it. This would satisfy the con plaint of the Natives that thev were never given a c'hanco to farm their own lands.

A Fair Solution. Nor would it bo fair to tho Natives to bind them K> tho land by refusing to allow them to sell. There were Native's who were successful tradesmen and contractors, and whv should not Natives who wished to do so sell their lands and start in business? Mr. Parata: You can Europeaniso them under tho Bill of last Year. Mr. Horries: Some Natives don't like to be Europeanised, because they would havo to pay their debts if they did. (Laughter.) That, at any rate, is what one Native told mo. The Government, ho continued, had tried to approach the subject in a spirit of fairness both to the Native and tho European. Ho believed the solution they had arrived at would provo to be a good solution. It had been agreed to by tho representatives' both of the Nativo owners and tho settlers. Time would tell whether it was a wise and good policy or not, but lie believed it was a policy which would work For tho good of tho people, Natives and Europeans, of tho Dominion.

Mo Peculiar Merit. SIR JAMICS CARROLL (Gisbornc) intimated that iu Committeo lie. would move ..certain-amendments, not that be had any hope of carrying any, but simply with the object of putti.ig the views of tho opponents of the liill on record. Ho held that the Minister had not given any arguments to show. J-'nt the Dill

contained any peculiar merits. Ho complained that now the House was asked to come to a decision on the Bill on insufficient information. Little or none had been supplied l>y the Minister in his explanation of tiic Bill. He appealed to the Prime Minister to say whether this was a square deal. Mr. Massey (laughing): Why don't .you try to look serious?

Faults Particularised. Sir James Carroll proceeded to discuss proposals in tho Bill in soino detail, condemning verv strongly the proposal to take the lands from the Public Trustee. Tho land was not gone wholly from the Maori race now, as was alleged. The Maori was still the freeholder, and tho beuellciary under the trust. It was therefore not right for the Government to take power to buy the land from the Maoris to sell it to the tenants. And the term ol extension, ten years, was much too long. It would have been much better if the term of the leases had been extended for livo years with no rent at ail. Why had not the Government given effect to the findings of the Commission? Dr. Pomare: We have got something better. Sir James Carroll said ho hoped the honourable gentleman would be' able to show that tho proposals in the Bill were better than those of the Commission. To his mind the lessees had no right to the concessions they were being offered, and the Native beneficiaries were entitled to more consideration than they bad been given. But what about the European sub-lessees, who were farming the land, paying as much as £2 an acre rent to the original lessee? Tho Bill was drawn wholly for the original lessee, who had been fattening on the work of tho sub-lessee. Tho farmers on the land were not considered, and they were entitled to far more consideration than the original lessees. Yet the original lessee was being givon the freehold, and the sub-lcssco nothing.

Another Native Representative,

Dr. RAXGIHIR'OA (Northern Maori) said that it scorned to liim that the Maoris had given a lot more than they were to receive. Tho two pages of tlio account did not balanco at all. Ho objected very'strongly to the Government having power to buy from the Natives all their lands in order to allow their Tarauaki settlers to acquire thorn.

Mr. L. M. ISITT (Christchurch North) said that in spite of tho protestations of tho Taranaki contingent that they wished to 'help the Maori, ho was convinced that the object of the Bill was to gain for tho Government a party advantage. Ho also" argued that the Government were doing nothing for the sublessee under tho Bill, but everything for tho original lessee. One original lessee, ho stated, paid for his holding 2s. an acre rent, and received 395. from a sublessee. Another paid, 2s. 3d., lived in another country, and received 235. 6d. Another paid 2s. and received 355. The simnlo fact was that the majority of tho Natives were opposed to tho Bill, and tho.majority of the settlers in favour of it. Defence of the Bill, Mr C. A. WILKINSON (Egmont) protested against the sneering attitude adopted by tho member for Christchurch North towards tho Taranaki members. That lion, gentleman, who claimed to be an Independent, was in fact the most extremely bitter partisan in the House. If there was one member who had gone down in'the estimation of the farmers of New Zealand, it was the 'hou. gentleman. Tho member for Christchurch North claimed to possess the whole conscience or tho people 'of New Zealand, but there were members of tlio Government party in the House as capable of looking after tho, interests of ti\\r jiay and justice as the lion, gentleman. . Mr. Wilkinson proceeded to defend the proposals in the Bill. • .The Maoris in Taranaki had more than enough land for their requirements, and ho for one was not going to stand idly by and sec a lot of land being put to practically no use. He believed tho Maoris wero good people, but ho would like to seo tho Government put into effect their schemo to givo tho Maori a chance to prove whether ho could bo a farmer or not.

Taranaki Values. The present high values tho Taranaki lauds were created by tho white settlors, and not by tho-Maoris. Without tho white settlement, and white settlers' industry and inventions, tho Taranaki lands would still bo well nigh valueless.' One of tho objects of tho Opposition seomed to be to tako the political lifo of tho Hon. Dr. Pomare. They wanted his scat. (Hear, hear.) Mr. H. G. ELL (Christchurch South) contended the great bulk of the Maoris were as children to the Europeans. They had no appreciation of value. Tho Maori was not yet capablo of sustained effort. Ho admitted some Maoris worecapable men, and ho would give to tho Minister "power of discrimination in releasing certain Maoris from guardianship. Tho more fact that the Maoris could only sell to tho Crown was not sufficient safeguard. Agents would go round enticing tho Maoris to sell, and the. Maori would succumb. Ho hoped the most careful examination would take placo in every caso in which the right of sale was granted.

Tho Hon. Dr. POMARE (Western Maori), while congratulating tho hon. members on tho keen interest they took in the Maori race, took occasion to criticise tho remarks of tho member for Christchurch South. If tho Maori was so backward, and not fit; and capable to look after his own interests, how was ho fit to look after tho interests of others when ho was put on tho Native Land Board?

Mr. H. G. Ell: 1 said a few of them were.

Playthings of Politicians,

Tho Hon. Dr. Pomare, continuing, quoted figures in criticism of tho previous Government. Tho peculiar part of some occupation licenses granted.was that tho Public Trustco was entitled to tako part of tho land, and lcaso it perpetually, 'at terms not at fi.ll advantageous. Was the Native in the past ever, asked if ho agreed to tho provisions' put on tho Statute? Tho Taranaki lands were a case. The Public Trustee had on his own initiative reduced rents of Native leases for five years, and some of those rents had not been increased since. Was the Maori consulted before his rents were reduced by one-half? Not at all. Why, lessees had even been promised the freehold, and wlion his friends found they could not givo tho freehold tlioy did the next best thing, and increased the leases. Was that solicitous of the Maori? No. It was politics, and the Maoris were the playthings of politicians. The Act of 1892 was tho most arbitrary thing in tho history of tho land. It was a direct violation of tho Treaty of AVaitaugi. "Sir," appealed tho member to tho Speaker, "my friends are silent, and they have need to bo silent."

Voices: Silent! Oh, no, wo aro not silent. (Laughter.) The lion. Dr. Pomaro: My friends robbed the Maoris, and they have the effrontery to stand up and say wo, on this side of the House, aro prostituting those trusts of the Maori.

Continuing, Dr. l'omarn said that despite the disabilities the Maoris ol' Taranaki were under, there wore, over 200 ol' them io-dii.v milking rows. Was that an evidence of deterioration ? Was not it an argument in favour of releasing tin: Maori? In regard to the present Hill ho supported it for many reasons. The land, tho best in the counlry, some of it worth £G0 an acre, was bringing in an income of £2000. lie supported tho Bill because it gave the land back immediately; 50,000 acres immediately, and the remaining 18,00(1 acres within len years. A New Ambition. The Dill created a new ambition in

the Maori to become a useful citizen in this great land. (Applause.)

Mr. W. D. S. MACDONALD (Bav'of Plenty) thought that on a re valuation and increased rental the Natives would be better off than by the passing of the Bill. They would receive rentals worth collecting if thuy did not sell. He bolieved the last speaker had deliberately misled the House in his statements. If ono special district was going to be singled out, then why not ail the land?

Mr. H. .). 11. OKKV (Tnranaltjj maintained that tho- settlers in Tarnnaki had never wanted to do the- Natives out of one penny of rental at any time. Again, there was tho question of the fitness of the Natives. They were quite cajiable of working. He was sure the Bill was in tho interests of the Natives, and would improve the district.

Mr. W. 11. D, HELL (Wellington Suburbs) dealt at length with the points raised against the Bill. Dealing with a point raised by the member for Cisborne, who could not understand the apparently unnecessary partition proposed, ho said tiiat tho partition was to take place as soon as possible after the passing of the Bill, but would not take ell'ect till the expiry of tho ten years' additional lease to be granted. The Natives themselves contended for that.. It would be a check on any dishonest Government desirous of too freely purchasing tho laud.

There was one point raised, purely for political purposes, and that was that the Bill did nothing for tho sub-lessee. Ho had already cleared his own position. Ho was a free-lance, and was" entitled to vote as ho liked, and the hon. member for Hutt had no right to suggest that his (Mr. Bell's) political opinion ought to bo influenced by his having acted for tho Natives. He was still of opinion that this Bill was in the best interests of tho beneficiary owners of these reserves. He pointed out that throughout tho whole of the negotiations, throughout tho whole of the Commission, there had been one man who had stood out alono for tho interests of fho Maori owners, and that was tho hon. gentleman, who represented Western Maori.

Mr. H. ATMOHB (Nelson) characterised the Bill as an attempt 011 behalf of tho pakeha to. filch the remaining remnants of land from the Native owners.

Mr. 0. W. HUSSBLL (Avon) said the object of the Government was to enablo tho Government to tempt the Natives to part with all that remained of their lands, and the result would bo that in twenty years tbey would be a landless people. Mr.. Hemes: You know that is r.ot so. Ycu know they cannot, sell all their lands.

Mr. Russell protested against the proposal to limit the amount of rent receivable by Native owners, while no such law applied to European owners. Tho Bill, he said, reeked of fraud and corruption, and was 'intended to secure the seats of certain honourable members, and to assist an impecunious local body, tho New Plymouth 'Harbour Board. minister in Reply. Tho Hon. W. H. HERMES, In ripty, Baid the speeches of honourable members on the other side of tho 'blouse did not bear evidence of any great knowlodge of tho subject on the part of the speakers. The Act of 1001 had proved an absolute failure, arid bad been an absolute bar to settlement. It was absurd to say now that a Native should not be allowed to have money, 'est by somo chanco he buy a motorear ■ with it. The* fact was that the Native did not need to bo hedged with all tho restrictions the Opposition wished to impose upon him. The Maori was not on st low plane of intelligence, but was on a very high plane..,, Tho .Maori cauld <Jeal quite! well with'his- own lands, and it wars absurd to say that he -must for ever remain a mere rent-receiver, unable, cause of his lack of to engage in any business. The Natives 011 the West Coast regarded the right of getting rid of tho Public Trustee as the priceless jewel of tho Bill, and they had agreed to the- compromise in order to -secure that. It was perfectly true that the committee had refused to hear tho. evidence of some of the beneficiaries, but tho reason was that .it was very late in tho session, and .the Bill had to go through. In any ease, the subject was so well known to tho committee that they did not need to hear evidence. Ho really believed ihat tho object of tho appearance of tho witnesses was to dc-lav the progress of the Bill. Ho ergued, 'further, that the Bill did not break tho Treaty of Waitangi, but- would really restore to tho Natives the right to undisturbed possession of their lands, which they should have according to Article 2 of the treaty. In fact, a Bill could not ho drafted to conform more exactly with tho Treaty of Waitangi. The Bill was read a second time by 3(3 votes to 20.

NININC BILL. A FEW ONLY. Tho Hon. W. FKASER (Minister of Mines) moved the second reading of the Mniing Amendment Bill. He explained that bo did not propose owing to tho lateness of the session, to pass the whole Bill as introduced, but only certain clauses which had to go through tliis session. Tho remainder .would -bo brought down the. first month of tho next session. Mr. H. POLAND (Ohincmuri) took exception to the Bill, not in the original form, but in its present, form, in which it had been shorn of all the clauses going towards the betterment of the.conditions of miners. The Mining Bill brought down tiiis year, containing 33 clauses, contained many olanscs'of great benefit to the miners. Tho whole of those clauses liadi been struck out.

The Hon. AY. Frascr: Not at my instigation. Mr. Poland, 'continuing, said the Bill should have been brotigl.it down earlier in the session.

Mr. T. AY. KIIODES (Thames) regretted that it was impossible to proceed with the whole Bill, but said that the cause of the delay was the obstructionist tactics of the Opposition.

Messrs. C Witty, P. C. AYebb, K. .Scott, and T. E. Y. Seddon continued the debate.

The Hon. AY. 'Frascr replied at 1.20 a.m. Ho reminded members of what he had said earlier that the Bill was far

too important and too comprehensive in its original form to go through at this stage of the session. The statement made by some members that he had said the postponement of the, main body of the Dill was owing to the lault of the Committee was quite incorrect. Tic luul not blamed the Committee and he took full responsibility for postponing tho Bill, knowing that it could not receive consideration at this stage of the session.

The motion to commit the Bill was agreed to on the voices.

BILLS IN COMMITTEE. The House went into Committee on the two Bills at 1.25 a.m.

The Hon. Dr., Collins, M.L.C., left AVellingtou for Nelson yesterday by tho Mapnurika.

SuporaimunUon for Municipal cmployoes has been reported on by Mr. .Morris Fox, Government Actuary. Tho report is now in tho hands of tho Mayor of Wellington (Mr. J. !'. Luke), and will bo considered by tiio City Council at any parly date.

Renewed efforts are being made by the Kelburiie Tramway Company to secure a supply of electricity I'-om the City Council. Yesterday morning tho Mayor (Mr. .1. I'. Luke) was ' approached by llm directors of the company in connection with the maltor.Ilc promise!) to lay the matter before the Tramways Committee, with , the fresh representations made on behalf of the company^