VALIDATION COURT JUDGMENT.

Gisborne Times, Volume VI, Issue 167, 26 July 1901, Page 1

VALIDATION COURT JUDGMENT.

DISCUSSION AT HAEBOE BOAED.

ME COOPEE’S OPINION OF LAWYERS.

At the meeting of the Harbor Board yesterday, there was received from Mr W. L. Eees a similar letter to that written to the other local bodies in regard to the recent judgment of the Validation Court. The Chairman said that since the letter had been written the matter had been before the Appeal Court, and, no doubt, the\Government had now been' fully acquainted with the difficulties. The best thing for everybody would bo for the Government to take over the whole estato, and put a stop to tho objectionable and extravagant management. If the Government took tho land over and threw it

open for settlement, that would bo the best thing that could be dono for the district and for the Natives. Objections were continually being urged against the litigation, and the host thing would be for the Government to take the lands over. Mr Cooper : Tho matter is now beforo the Court of Appeal, and the best thing for us to do is to let the matter rest. Ido not think the Government will taka the land over. I went to Wellington some time ago to back up the proposal, and the whole thing was placed before the Government. What was the result! All tho

troublo was simply thrown away. The better plan is to let things take their course. The best thing that could happen would be for the Bank of Now Zealand to

foreclose on the whole thing. It is not a question for the Government to take tho thing over. There would not bo a single

farthing of tho proceeds go to the natives, —not a farthing—and if the lawyers have any more tinkering they will soon settle the question. The proceeds will have to go into their pockets. lam dead against doing anything further with this. Mr Matthewson said the thing must bo settled one way or another, and it would be best done by the Government, which had all the machinery to deal with it. Another thing was that the' people liked Government title ; though the Bank might guarantee the title there would still be suspicion. He would propose that the Government be asked to take over the land.

Mr Cooper : That moans locking them up further. Captain Tucker suggested that the motion be put in tho form that the Government take such stops as to place the lands in occupation, and bring tho matter to a speedy settlement. Mr Cooper said that if the Government went into the matter it would moan another delay of twenty years. Captain Tucker : I don’t think so. Mr Matthewson said he would put the motion in the way proposed by Captain Tucker. His only desire was to see tho lands settled. The Borough Council had passed a sonsible resolution on the subject. Captain Tucker §aid that Government were not likely to take the lands over and pay the debt, but they might fairly be asked to take such steps as would lead to a speedy settlement of the land. They might be asked to make good the decrees of the Court set up by the Government, and under which decrees people had acted in good faith. Mr Cooper : You will simply be destroying the whole of tho machinery capable of dealing with these lands. The Bank* of New Zealand has got all the machinery Captain Tucker : There are other lands to consider as well as those under the Bank.

Mr Cooper : I know that; the other would follow. AVhatever the Bank passes they must give a land transfer title to. If that is open to attack what good is it ? Captain Tucker : AVe know it is open to attack. Mr Cooper : Not in this case. Captain Tucker explained that there were lands affected not under mortgage to the Bank. Mr Cooper: Ido not think tho Government will touch them. Mr Sievwright said that they would not be asking the Government to pay the Bank or deal with the lands in any special way, but simply urge them to bring about a settlement. Mr Matthowson: They can do 'it if they like. The Chairman: Wo are not asking them to incur any loss. The debt should be paid off if it can bo done without any loss to the country. Mr Matthewson : It would be better for them to take over this class of land than such land as Waimario and Pouparae.

Mr Cooper: If the lands are taken over by the Government they will simply bo thrown open for barmaids and chimney sweeps, and .you will not get the proper class of settlers on the land. If the Bank deals with them they will get a class of settlers with capital, able to do some good with the land.

The Chairman said it would bo the best thing for the district if tho Government took over the whole of the lands. Mr Cooper: And you’ll get a nice class of settlors. Tho Chairman: We have got none now. Mr Whinray said it was very desirable that the titles should be settled. A Validation Court had been set up, the machinery bad proved defective, and it was incumbent on the Government to provide a remedy. Mr Hepburn said that when the Validation Court was set up there were great hopes from it in the way of settling disputed titles. Mr Cooper said that the Court had done good work. It bad still insufficient power to back up its own work, but they had not got a Judge Barton now. Mr Hepburn said the Court seemed to have made some difficulties.

Mr Cooper; Had it not existed all these other lands would have gone back to the natives.

On the motion of Captain Tucker, seconded by Mr Ma'tthewson, it was decided: “ That this Board respectfully draws tho attention of the Government to the unsatisfactory state of the titles which have been dealt with by the Validation Court, including the lands now under mortgage to the Bank of New Zealand, and trusts that the Government will take such steps as shall confirm tho titles and enable such lands to be brought into speedy and safe settlement.”