The Guardian And Evening Star, with which is incorporated the West Coast Times. THURSDAY, FEBRUARY 9. 1928. A QUESTION OF LEGAL RIGHTS.

Hokitika Guardian, 9 February 1928, Page 2

The Guardian And Evening Star, with which is incorporated the West Coast Times. THURSDAY, FEBRUARY 9. 1928. A QUESTION OF LEGAL RIGHTS.

Thk appeal by .Mr Murdncli, Comity Chairman, t> tin' Hum. Coiiinii-sioncr ol' State li'oiests, for some stops to settle linnllv the legal lights of tile West Const loeni bodies in regard to the mill'll vexed question ol timber royalties, ap|)e:u's to he a reasonable one, which in fairness should have the favorable consideration of the Government. It is not to be expected that the Departments concerned have anything to bide in this matter, and Midi lieing the ease, there should he the desire on the part of the Government, if not the anxiety, to satisfy the local bodies that their treatment if not equitable is at least legal. The members of the local bodies are the stewards for the Government in carrying on local administration. The memtiers act in good faith in the discharge of their duties and the Government should aim at making the task as simple and straightforward as possible. It is very fortunate for the local body here that it has had for so many years the services of Mr .Murdoch, iilid as a solicitor lie has been able to watch its interests very closely. As a matter of fact with regard to this question of royalties, lie was responsible for .recovering front the Government for the local body £2,400 royalties which had been wrongfully with-held. .Mr Murdoch is still of opinion if the position were publicly investigated, that a further sum would accrue to the local laxly. Hut heretofore, the Government lias denied a public investigation. Anything that has been done has lieen departmental, without any official statement to the local body as to the position, tieyond a lump sum refund of the moneys found to he with-held This happened on three occasions, aird the minds of members are saturated with the belief that further refunds are due to the local body. The Minister, in all fairness, will realise that the local body has its rights, and the councillors are justified in pressing for the Position to l>o cleared up hv a legal tribunal, which will lie able to remove all shadow of doubt whatever. The ratepayers in turn will realise the importance of this matter to the local funds, and will regard with satisfaction the fight the Council is putting up to .secure its position on a matter which bristles with legal problems ns to the interpretation of different acts. The lay mind will find a difficulty in following the intricacies of the question, and it took some time for Mr Murdoch at the outset to get the ear of the authorities on the points raised. The departmental mind appears to tie inclined to lean from the local bodies on most occasions, so that the Minister in fairness should step between and agree to a high legal luminary investigating the case and deciding how far revenue has or has not lit on with-held. The history of the case has justified every step the 'Westland County Council has taken, and on that account the Government should not equitably turn a deaf ear to the request made. The State Forest Service is not a “‘poor’’ Department. It reaps its harvest of revenue very easily. That harvest in the main comes from a source which Was primarily earmarked for the local bodies. The State Forest Service, by reason of its aggressive legislation, is steadily assuring its legal position, and will go on indefinitely apparently, reaping its unearned financial harvest. The ability of the Department to meet the just demands of the local liodies cannot- be questioned, so that equitably the Miniser should be moved to order a fair deal to the local bodies concerned. Mr AEassey often plumed himself on his

desire for a square deal all round, ami here is an opening for similar action by one of his .successors who, if wo mistake not, is just as anxious to do the right tiling in the right way for the local bodies,