THE ALL IMPORTANT QUESTION

Gisborne Standard and Cook County Gazette, Volume I, Issue 1, 9 June 1887, Page 2

THE ALL IMPORTANT QUESTION

THE last few days have shown us the difficulties caused by legislation intended to act in one way, and the interpretation given to Acts of Parliament placed upon the Statute book by the Judges of our Supreme Court. The case of Se,ymour v Macdonald (Chief Judge of the Native Land Court), being an application for a mandamus to compel the defendant to give his certificate to the plaintiff tinder the provisions of the Native Lands Administration Act, 1886, to enable Mr Seymour to complete his title, is an example. The case was heard before Mr Justice Richmond, and the mandamus refused with costs. The plaintiff then appealed, and the Appeal has been dismissed with costs on the “ lowest scale ”, no doubt, the? Court of Appeal seeing that the burbling was on the part of the Government, and, therefore, the lowest penalty should be inflicted on the appellant, Mr Seymour. The Act was passed, and, by the framers intended to be, an enabling Act j but we find our highest tribunal brand it as a disenabling Act, A telegram we have seen from Wellington says : “ Seymour v Macdonald, Judgment for respondent with costs on the lowest scale.” and another telegram “The judgment is that purchases already made are invalid, We are informed that Act will probably be amended to validate such purchases.” We sincerely trust it may be so ; but whoever has to handle the passing of such a Statute we hope it may be those who can safely be entrusted with a task so eminently desired for the welfare of this district, and unless one and all of those who are placed in so unfortunate a position spur themselves to a determination to see their rights vindicated not only will the district suffer but the climax to it and them must be absolute ruin. Our object is to start our new journal upon this momentous topic which we shall follow up, and try, if possible, to learn the ins and outs of this question from its pristine state to the present. One thing is certain and that is that the decision affects the whole of the Island, and we cannot but say that, although the battle has been lost, Mr Seymour is to be commended for endeavouring, by expending his own money, in obtaining a solntion of the correct interpretation of the Native Land Administration Act, and we sincerely trust that our settlers will not lose the money already expended by them but tr.ke our advice—“ When difficulties overcome you, persevere, and if impossibilities meet you) up hearts and at ’em.”