PARLIAMENTARY.

Gisborne Times, Volume XXV, Issue 2154, 9 August 1907, Page 2

PARLIAMENTARY.

Proßs Association. LEGISLATIVE COUNCIL. WELLINGTON, August 8.

The Council met at 2.30. The Attorney General gavo notice of liis iiiUmtion to introduce an Act to n mend tho Chattels. 1 rails]Cl Act, 1889, an Aot to provide for taking evidence in relation to matters ponding bolero foreign tribunals, and an Act to amend tho Indictable Offences Summary Jurisdiction Act ol IJUU. Fourteen days leave of absence was granted to the Hon. Mr. Reeves on account of illness. I Leave was given to Sir Maurice O’Rourke to introduce an Act to authorise the Senate of New Zealand University to grant degrees of Bachelor and Doctor of Divinity. The Council rose at 2.36.

-HOUSE OF REPRESENTATIVES The House mot at 2.30. Tlio Auckland Hospital Acts Am endment Bill, Nelson Institute Bill, Borough of New Plymouth Electno Loan and Waterworks Loan Validation Act Bill and the Waipukurau County Bill were put through all committee stages. Mr. Wilford moved, the second reading of Petone Water Supply Conservation Bill, which seeks to provide a catchment area for Petone. The | Bill was set down for further consiteration on Thursday next. The Houso went into committee on the Costley Training Institution Act Amendment Bill which passed all committee stages. . The Tohunga Suppression Bill was put through all committee stages and the House adjourned at 5.30. The House resumed at 7.30. Tlio Premier laid oir the table Mr. Peakes’ (assistant chief veterinarian) reijort on tho Christchurch abbatoiir . Tlio Pemier moved the second reading of the Reserve Fund Securities Bill which seeks to place £BOO,OOO m London to meet any crisis likely to arise in colonial financial affairs and takes the place of the Imperial guaranteed debentures which matured recently. Tho Premier stated it was essential there should be such n fund in order to enable tho raising of money to meet urgent requirements. This would not add to the indebtedness if the colony, but would merely take the place of debentures that had matured. Permission was provided to enable agents to be authorised by the High Commissioner to use the .ecurities without applying to New Zealand in tho first instance so that bo could deal with any emergency. Mr. Massey said the course proposed might ho the host that could be adopted, hut it was a new departure. Referring to Imperial guaranteed debentures, lie said, tlio history if those guaranteed debentures, if it oonld he compiled, would form very interesting reading for tho public. Ho argued that they had not the right to aslc for any further backing from the Imperial Government. We should go on our own responsibility. We were undoubtedly increasing tlio debt of the colony as in payment of interest a loss would accrue. He agreed with the principle of the Bill and would go further; he was prepared to husband the resources of the lolony in readiness for lean years. Ho urged that all transactions in connection with the Reserve fund should be open for inspection by the public. A Bill such as this was practically ail experiment and emphasised tlie necessity for a strong jiublic accounts committee to whom such a measure could be submitted. Mr. Herries said it must be counted as a loan to the colony, consequently the colony’s indebtedness was increased. The Premier, in reply, said it was entirely erroneous to say that the measure increased the indebtedness of the colony. Accumulated sinking funds had met the requirements of loans amounting to £BOO,OOO and to say that the purchase of £BOO,OOO in assets increased the indebtedness was entirely incorrect. The amount we would receive from gilt-edged security and any amount paid on debentures at 3j per cent would be found to differ very little. He did not agree with Mr. Massey in regard to the public accounts committee. Mr. Massey in saying it was scarcely worth while to refer it to the public accounts committee was not fair to two Opposition representatives on that committee. If we did not substitute this course for the £BOO,OOO just matured we would have weakened New Zealand in the view of the financial world, whereas the proposed step would strengthen our position and we would hold a better position than we had ever held before. He had no hesitation in saying that the Imperial guaranteed debentures had been used only for the purpose of carrying on the financial operations of the colony since they had been in existence. Referring to the item of interest mentioned by Mr. Massey he stated that the colony would save £29,000 annually by the adoption of the proposal before the House. The second reading* was agreed to on 'the voices. The Hon Mr. Carroll moved tlie second reading of the Maori Land Settlement Act Amendment Bill which provides that in addition to sums authorised by section 32 of the principal Act the Colonial Treasurer may, in a manner provided for by that section, raise a further sum of £500,000, the moneys so raised to be expended in the purchase of land in accordance with provisions of the principal Act. It also provides that the Governor may from time to time acquire under tjto provisions of the principal Act any undivided interest owned by a Maori in land owned by Maoris and may pay for the same notwithstanding that other divided interests in the same land have not been acquired of paid for. Mr. Millar moved the second reading of the Harbor Board’s Bill, which sought to givo to give to Auckland and Otago Harbor Boards increased country representation, in order to obviato the necessity for bringing in local bills to deni with these oases. Tho only reason for tlie inclusion of a number of other Boards in the Bill was wli'at their constitution provided for. Chairmen of Chambers of Commerce having liad the right to a seat that provision had been abolished, and the representatives of payers of dues was put in their place. With that exception no alteration of constitution had been made. Mr. Massey said the provisions set forth would not suit the people of the colony, and he hoped the Minister would not endeavor to place the measure on the Statute Book until itlie electors had a chance of giving oxjiression to their views. Mr. Ell urged that all representatives of Harbor Boards throughout the colony should be elected by the electors. Mr. Laurenson did not think payers of dues or Chambers of Commerce had any right to direot representation. He approved of the elective system. Out of 95 members on Harbor Boards of tlie colony lie found 36 were eleoted. Of course he agreed that the Government should hare tlie ntfit to nominate a certain number of members. Mr. Witty expressed disappointment with tlie Bill, in that it did not provide for more comprehensive representation. Mr. Allison agreed that so far as possible representatives on Harbor Boards should be elected by the people.

Mr. Buddo said that electors generally wanted hotter representation on the Boards. He hoped the Minister would delay the Bi|l until all sides had an opportunity of discussing ft. Mr. Dillon intimated he would support the Bill. Mr. Poole complimented the Government on the appointment of John Kneen on the Auckland Harbor Board. He thought the time had arrived when the administration of the Harbor Boards should be amended. Mr. Aitkin pointed out that out of ten members on the AVellington Harbor Board provision was made for only six as direct representatives of Wellington Province. ITe suggested that the Minister should- send the Bill to a Special Committee. Ho thought the representation of Harbor Boards should be on a broader franchise. Mr. Hogan expressed disappointment with the Bill. Air. Field saw no reason why the AVellington Harbor "Board should net have the same representation as Dunedin and Auckland. Air. Barber said the Bill was most, unsatisfactory in its present, state. Air. hang expressed dissatisfaction with the Bilk' Air. Boland did not think payers of dues had any claim to special representation. Ho hr.d advocated the election of representatives by the people. Air. Greenslada could not congratulate the Aliu.ister,-ou the proposal so far as the Auckland Harbor Board was concerned. Air. Stallwonth.v . considered there was a good deal of room for- improvement in the Bill. -If owners of vessels and the payers of .dues were entitled to special representation on the Boards, so also were city workers at the waterside. Ait 11.45 Air. Lawry moved the adjournment of the debate. Tho motion was negatived. Air. Millar said there were about 50 Harbor Boards which were constituted by local Acts. AVould tho House tolerate a complete change in

respect, to the wholeofthose constitutions « Tho Harbor Boards wore now before tho Home, and any member desiring to amend the representation of any Harbor'Board had now an opportunity to place tho matter on the impphvnentary order paper. The House adjourned at 11.69.

NATIVE LAND TITLES

MESSRS. BAGNALL BROS.’ CASE. ADVERSE CRITICISM OF THE PRIVY COUNCLI. Special to Times. f WELLINGTON, August 8. The intricacies surrounding tho confirmation of transactions jin regard to the purchase of Native lands were illustrated by a discussion that took place in the House this atternoou on tho report of the Native Affairs Committee on a petition from Mr. L. J. Bagnall, of Auckland. Tho petitioner arfkod lor legislation to enable completion to be made of certain titles to lands partially acquired by the Hauraki Sawmill Co. The committee reported that it had no reoommendation to make as the matter had been otherwise disposed

of. Mr. Heke moved that the petition be referred back to the. Native Affairs Committee. He said that the deed of conveyance in regard to the transaction in question had been made in accordance with the advice of the legal advisers of Messrs. Bagnall Bros. When tho transaction was brought before the Native Land Court at the time for confirmation the Court found that the conveyance could not bo legally confirmed as there were restrictions upon the title. A special Valuation Act had been lossed in 1893 to deal with such cases hut Messrs. Bagnall Bros, did not take advantage of it whilst it' was in operation, the reason given by them being that they were advised by their solicitors that the expense would bo to great. He did not consider that this was a sufficient/ reason lor a rich company of sawmillers to make. Messrs. Bagnall Bros, had, however, subsequently appealed again to the Native Land Court which had

igreed that tho transaction was a valid one. He held that tho Native Land Court was not justified in confirming the transaction for the reason that confirmation had previously been refused by the Native . Land Court, the Native Appellate Court and the Supreme Court. It was bought that tlwough the Privy Council this illegal transaction was made good. Tho decision of the Privy Council, he contended, did not conform with the interpretations of Native lands as laid down by tho

Courts of this country. Mr. Herries said that the coinmit;ee had found that the-matter had been disposed of by the Native Land Court. The committee, therefore, decided that it had no recommendation to make. He was astonished that Mr. Hoke should have raised the issue as to whether the judgment of tho Court was right or wrong. It would be a sorry day for the administration of justice in this colony when the decision of Courts of Law could bo interfered- with by the House. If the Natives felt aggrieved they had the right of appeal. The Native Minister said that the matter had come before the Committee last session, but owing to the lack of time it %vas deferred till this ses-

sion. During the interval, however, Messrs. Bagnall Bros, took advantage of a recent decision of the Privy Council in regard to some East Coastt cases to apply to the Native Land Court for a confirmation of the tran-

saction, and the confirmation was granted, but when Messrs. Bagnall Bros, applied to the Registrar of Titles at Auckland that official refused to register the title* The matter was not one for Parliament .to deal with. The Supreme Court must decide whether the Registrar was right or wrong in his decision.

Mr. A. L. D. Fraser, Chairman of the Native Affairs Committee, said that the matter was a very important one, and it required the serious consideration of the Crown land officers, the Government, and Parliament. Messrs. Bagnall Bros, could not be “atiled for going to the Native Land Court to get the transaction confirmed. So far -as the evidence before ithe Committee went, it appeared that the transaction was carried out in a proper manner, and that the bona tides of the parties were unassailable. The Native Land Court, the Appellate Court, and the Supreme Court decided that there was no jurisdiction to grant confirmation. Messrs. Bagnall Bros, had also contemplated applying for valuation under the Act of 1893, but they were advised that they could not proceed under that Act. They then cam# to Parliament, but before the Native Affairs Committee had finally dealt with the matter the Privy Council had given a decision to the effect that the Native Land Court constituted under the Aot of 1984 was a validating court of doubtful"titles. This decision opened the door to Messrs. Bagnall Bros., -and they promptly and properly took advantage of it. Messrs. Bagnall Bros, bad a Trust Commissioner’s certificate under the Native Land Fraud Prevention Aot, 1881, upon their document. This certificate was decreed by tiie Native Land Court Act of 1894 to he equal to confirmation by the Native Land Court, and such confirmation was a document that could be registered. Air. Heke having withdrawn, his amendment, the report of the Committee was ordered to lie on the table. The Native Affairs Committee also reported on two other petitions in regard to the Rangatira No. 2 and the Waingaromia Nos. 2 and 3 blocks (East Coast), in respect to which tho Privy Council had given its decision.

The petitioners prayed for the set-

ting aside or suspension of the judgment of the Privy Council until a Royal Commission had reported thereon, with a view to legislation. The Committee reported that in its opinion further inquiry into these matters would be useless. It also resolved “that the attention of ,tlie Government he directed to the interpretation given to N.Z. statute law by the Privy Council in these cases.” In the course of tlie discussion that ensued upon this report the Native Minister said that it might be a question for Parliament to consider whether they should allow the law to remain under the guidance and influence of- the Privy Council. He thought that if in the opinion of Parliament the judgment of the Privy Council was repugnant to the intention and the spirit of tlie Act of 1894, it should make the matter perfectly clear. Mr. Herries said that the question was a puzzling one, and it was quite possible if another case, Messrs. Bagnail Bros.’, for instance, were submitted to the Privy Council that a difforent decision would be given. Mr. Fraser said that by the Validation Act of 1893 a Special Court was set up to deal with the validation of titles, yet it was suggested by tlie decision of the Privy Council that

a- year later Parliament had passed another Aot to do away with the Act of the previous year, which had at that time just come into operation. He considered that tlie committee were quite justified in drawing the attention of the Government to the extraordinary interpretation;—he spoke with all due deference—that tlhe Privy Council had placed upon the law of the colony.

BUTTER SUBSTITUTES. (Special to Times.) AVELLINGTON, August S. The total quantity of butter substitutes imported from Ist January to 30th June, 1907, was 138,5641b.5., valued at £6142. The details were as follows: —Cocoa-butter 65,6561b5, nucoa butter 21,5041b5, nuccolene 37,9431b5, cocos butter 65,0451b5, palm butter 4411b5, nut, butter . 1601bs, peanut butter 801bs, almond butter 121bs, crystal silver fat- 11201bs, neutrex 56001b5. The total duty paid was £612.

the Sank of neav Zealand. (Special to Times.) AA'ELLINGTON, August 8. Air. Macintosh, formerly general manager of the Bank of 'New Zealand, and now head of the Government Savings Bank of New South AA'ales, lias arrived in AVellington to give evidence regarding a petition which be now has before Parliament.

NATIVE LANDS OOAIAIISSION. TO SIT IN NAPIER. (Special to Times.) ’ AA'ELLINGTON, August 8. The Chief-Justice, Air. Ngata, Air. A. L. D: 'Fraser, and Air. Skerrott will leave for Napier this week iu connection with a' sitting of tho Native Land Commission.

DUTY ON BOOTS. (Special to Times.) WELLINGTON, August 8. Petitions are being received by operative bootryikers, asking that the increases and alterations in the scale of Customs duties on imported boots and shoes be nassed into law*