The New Zealand Times. SATURDAY, FEBRUARY 8, 1913. BOWLED OUT!

New Zealand Times, Volume XXXVII, Issue 8349, 8 February 1913, Page 4

The New Zealand Times. SATURDAY, FEBRUARY 8, 1913. BOWLED OUT!

It is almost inconceivable that a Minister of the Crown, charged with the administration of the laws of a most important department, should bo hopelessly and lamentably ignorant of those laws. It is equally inconceivable that this Minister, handicapped by such deplorable ignorance, should clumsily attempt to amend those laws in the direction of parting with valuable public rights without fully safeguarding the State against far-reaching and disastrous consequences that he was not able to foresee. Tho situation that has gradually developed from the conversion by Air Brighton of his leasehold section into a freehold at a nominal price, with consequent ownership of valuable coal deposits, leaves very little doubt in tho public mind concerning Mr Massey’s ignorance where tho people of Now Zealand had every right to expect that ho would be informed and wise. Air Massey’s own attitude in the awkward situation which he had created for himself has laid him open to a further charge of political shuffling of a character that seldom finds a parallel in this country. Since tho disclosure was first made of this blunder in the land laws that gave the leaseholder converting his tenure into a freehold at the original value tho right of ownership to the coal deposits on his property, it has been impossible for us to get from Mr Alassey a straightforward acknowledgement of the actual position, or any expression of the Government’s recognition of the mistake that had been committed or its intention to obtain an early amendment of tho law in order to safeguard tho rights of the people. On the contrary, with a levity and flippancy inconsistent with the importance or the issues involved, Mr Alassey has professed to regard tho whole thing as an amusing “ mare’s nest.” When the force of thoroughly aroused public opinion became too strong for his official complacency and inaction, Mr Massey was moved to say that he was not a lawyer, and knew nothing of the legal aspect of the matter, but that he was getting an official report. From that point, the shuffling has been going on steadily, until at the present moment Air Alassey, though he is being advised and 'directed by the squatters’ organ, unquestionably does not know where ho stands. Even when declaring emphatically that the coal deposits had not passed to All Brighton, by reason of an endorsement on his lease for which a Commissioner of Crown Lands vouched, he was seized with the happy inspiration that even if the blunder had been made and the coal deposits conveyed away for a mere bagatelle ho could still retrieve the situation by resuming the land. But what have Air Massey and the selfstyled Reformers been vigorously preaching from the public platform for years last? “Security of tenure above all other things.” Where, we would ask, is the vaunted security of tenure if the projierty is to bo resumed in defiance of tho tenant three months after the freehold has been granted ? Is it necessary to give further examples of tho shuffling policy that has been pursued down to the recent Alinisterial veto upon the issue of Air Brighton’s further freeholds, to which wo were assured he had im legal claim, until the Crown law officers had reported? Tho most recent stage of this pitifut Alinisterial fiasco was reached yesterday when tho squatters’ organ came out boldly with a leading article headed “An Anti-Reform Mare’s Nest," ridiculing tho protests made concerning the Southland deal, and vigorously. proclaiming the Government’s triumphant purity. This was supported by a statement by the Alinister for Lands, carefully revised, of course, by the squatters’ journal, and quoting a portion of an opinion said to have been obtained from the Crown law officer, who, by the way, is understood to be absent from Wellington. The extract from that opinion concludes with this paragraph: "I think that the lessee is entitled to buy from the Crown, and the Crown is bound to sell to him, the fee-sample of the land comprised in Ibis lease. As minerals are not part of the land comprised.in his lease, but are expressly reserved to the Crown, he is not entitled to purchase the minerals. When he becomes the purchaser of the land comprised in the lease, he does not become the purchaser of the minerals." Now, mark the concluding words of this paragraph. They say clearly that the tenant does not become the “purchaser” of the “minerals.” They are careful not to say that he does not become the “owner” of the “coal.” We have never argued that he becomes the purchaser of the minerals, but we do say, and that advisedly, that having purchased the fee-simple he is the owner of the coal. But, in this connection, we are impelled to ask Mr Massey why he has chosen to publish only a portion of the report of his Crown law officers? Why has he refused to hand the whole of tho report to the press? What does the portion of the report that he is not prepared to publish say? We challenge him to publish the whole of tho report, and, bearing in view the attitude ho has adopted and also the issues involved, wo unhesitatingly say that' he does not dare to publish it. Wo go even much further than this. We say that the Minister of Lands, notwithstanding his advice, is wrong and that Mr Brighton is entitled to the coal on this property. In saying this, we do not speak without authority. We have submitted the whole question, with the portion of the opinion of the law officers of the Crown that has been published, to three legal gentlemen of high professional standing. In each instance, tho advice furnished tO us was that the Hon. W. F. Massey was wrong and that, under his amendment repealing the Hon. R . AlcNah’s clause which required purchasers of tho freehold to pay for the

value of the coal, Air Brighton is clearly .ivd lawfully entitled to these deposits ..nether their value is counted in thousands or hundreds of thousands of pounds. With tho object of removing every remaining doubt, and instilling into,tho administrative mind of the Hon. W. F. Alassey some degree of knowledge where apparently there is such unpardonable ignorance of the land laws he is administering, wo have obtained a written opinion from Air T. F. Alartin, an acknowledged professional authority on the subject, the author of “The Land Laws of New Zealand,” and the solicitor to tiro Alunicipal Association and also tho Counties’ Association. In tho face of tho opinion of Air Massey, fortified hy an expurgated edition of the report of the law officers of the Crown, our own view of the legal aspect of tho situation, as that of the newspaper layman, would carry little weight. But Air Alartin’s-ojnnion necessarily carries great weight. It is published in another column and speaks for itself. Mr Martin says emphatically that the Alinister of Lands is wrong, that the law officers of the Crown arc wrong, that the “New Zealand Times” is right, and that Air Brighton is entitled to the fee simple of his land carrying with it the coal deposits. What about tho squatters’ organ’s mare’s nest now ? AVhat about Mr Alassey’s taunts_ that the “Times” has put its foot into it and will presently bo made to look ridiculous? But there is a serious and deplorable side to this question which affects every man, woman and child in New Zealand. What hope is there for a valuable public estate like our land reserves, with their immensely valuable mineral and coal resources, when they arc under tho control of such a lamentably incompetent head? At tho same time, what defence can bo offered for a Minister who is so startlingly ignorant of the laws ho is charged with administering and who recklessly proceeds to amend those laws, in the direction of scattering amongst his supporters benefits from tbo public estate, without first thoroughly satisfying _ himself that his policy will not end in disastrous consequences to the country? . Wo see that Air Brighton, who is evidently well advised, intends to take action in the Supreme Court to enforce his rights to these coal deposits. When the action is decided, Air Alassey will probably bo a wiser man and one more open to reason and conviction.