THE GREAT LAND BATTLE.

Mount Ida Chronicle, Volume VI, Issue 333, 23 July 1875, Page 3

THE GREAT LAND BATTLE.

STAGE I. T JTO JllOlattab *Bs.' It shall at any time bo lawful for the Board, with the consent of the Superintendent, to offer for sale by auction, or to dispose of by lease in any manner and subjeofcto such terms and conditions and 'at such price as the Board may think fit, any land ~,....- whioh may bo deemed to possess special value from improvements or otherwise, or in respect whereof compensation shall ha-ve been paid to - any runholder under this Act: Provided that the grounds on which the Board shall deem such land to possess special value shall in every caao be recorded on the minutes of the . i proceedings of the Board.] The first trial of strength on Mr. Logan's appeal case has resulted in a victory

' v fo*»the Waste Lands Board. This case must not bo confused with the cases aris- , ing out of tho Horiot Hundred, which ''have so recently been attracting general attention, owing to the injunction obtained , from tho Supremo Court, restraining tho Board from taking further action. Logan's case arose in January of this year. On December 30,1874, the question of the valuation of the fencing on the Waikoikoi Hundred, and also the prico at which tho land should be sold, was considered by . the Board, which resolved that tho Hun-

, 'dreds should be open for salo on January !,,V 17, at the upset price of 40s. per acre, and ~,,',,.that it should be sold under the powers ;. -given by clause 85 of the Waste Lands Act as land of special value, as it carried improvements, and compensation was to be paid to the runholder. On the day on ;,; which the land was open for sale an ap- *,' .Tplibation was lodged by Mr. Conhcll ' |\ageht for Mr. James Logan, on whose '\\; v rxin the Waikoikoi Hundreds are.situ- *! V.' iitedy for. 5500 acres of them, at the usual *' irate.of'£l per acre. At a specialmoeting ' !jof;the Board, called to consider this application, a row took place, which ended in . v 'the Board refusing to hear Mr. Connell at ' 'till; although the meeting was called at his »'• request. Tho resolution arrived at, ( which ■■'' has been sustainedT>y tho judgment, was, ' '" That, inasmuch as the land m the Wai-

Jkoikoi Hundreds had been set apart as Hand of special value, in accordance with the terms cf clause 85 of the Otago Waste Land Act of 1872, the land was not open • tfor application when this application was ~• lodged: the Board therefore declines to ■entertain the application." Tho report v,;, from which we quote goes oh to say, "Mr. ■ Connoll requested the Chairman to note' - ine refusal of the Board to hear him in

, .•support of tho application, but the Board ideclined to accede to this request." , '- •' This caso, although called, an appeal ■■■..- "case, is not what is generally called an , -appeal case. It came into the Supreme ... ,<Court on appeal from the Board, under , llV !the Waste Lands Board Appeal Act of 1867.. 'Mr, Macassey, in stating the case .•■for the appellant (Logan), took up theposition that the Board s action under tho > •• 'B6th clause was ultra vires. He further out that it was provided that ruTal lauds should be open for sale at £1 per acre} if there was competition, sections ' for must be put for sale; if not, • Board must act upon tho principle—- ■\ first served. The application ''' -by ; the appellant which was . disallowed '•'•' 'Was'for land open for sale at the tipao at ' ; ' filler a6're, on and after the 7th January 1875, and at tho time there were no rea-

in law why the application . Bhould'nofc bo granted. That was the 'broad contention he raised. The! judge expressed his opinion, with diffidence, that the fact of the lands having been imiproved by fencing, although at the time rr . c . Compensation. Hdd not been actually paid, was sufficieht to justify tho Superintendent in giving his consent to bring the . lands in question within the 85th- section 'v of tho Act. The judge held that the con•ditions in the clause aro to be taken as ■■■■•\ -several, and not cumulative. He added, "I think, Upon the whole, that I ought to como to tho conclusion that the case is brought, within the proviso of the 85th section. I cannot say that I feel very confident in the prqpriety of this decision, and I greatly regret that interests of so . important a character should depend on r the decision of questions so narrow and •comparatively immaterial." Mr. Macason behalf of Mr. Logan, asked and •obtained leave to appeal, so it is to bo feared the right interpretation of clause '' *BS is not settled.yet. \ . ■-