THE COLONIST. NELSON, FRIDAY, OCTOBER 19, 1860.

Colonist, Volume III, Issue 313, 19 October 1860, Page 2

THE COLONIST. NELSON, FRIDAY, OCTOBER 19, 1860.

The compensation to the working men who suffered so much by the non-fulfilment of their contract by the New Zealand Company seems to be the ignis fatuus of Provincial and General legislation. We have so often spoken of this subject, and are heartily sick of seeing so many, and apparently designed, obstacles thrown in the way of the settlement (if settlement it can be called) of this very simple matter. The justice of the claims of these poor men is admitted by all, except a few whose bitter-, ness of heart, increased by disappointed vanity, makes theax desirous of degrading

the working man Ao the position of a beast of burden,' with the constant view of the workhouse before their eyes. "We believe the great cause of complaint by the original land purchasers was the length of time they had to wait for their land. Let us suppose they had been compelled to wait till the present time;' and let us suppose again that they would be paid in the same ratio as they were for so short a time, we have no hesitation in saying that the whole Province of Nelson, West Coast included, would not have met the demand. A short time ago we spoke of the characteristic conduct of Dr. Monro in the House of Representatives on this subject; our readers, after reading Mr. Domett's amendments on the Bill, will know how to judge of him in future. To see one of the Commissioners, who, we thought, had spent so much time on the subject of these claims, meanly succumbing to Dr. Monro (from whom we expected nothing better), after his own and his fellow Commissioners' impartiality had been questioned by Dr. Monro, not only by moving for a new committee, but by the words used in making that motion, does appear to us very much to be what the West India Negroes call '■nyam dirt. 1 We hope we are mistaken, but such, we are sorry to say, is our opinion, judging from the amendments introduced by the honorable gentleman. Mr. Sewell's motion for the second reading, which we likewise give below, is important, as he introduces the principle laid down in a resolution adopted by the House of Representatives in July 1856, namely, ' That the administration of the Waste Lands of each Province shoidd le transferred to the Provincial Government of such Province.' The following is the Bill brought into the House of Representatives :— A Bill to provide Compensation in Land for certain persons named in the ' Compensation in Land Act, 1858,' of the Provincial Council of Nelson, on account of Damages arising from Breach of Contract by the New Zealand Company. Whereas, by an Act passed by the Provincial Council of Nelson, intituled ' An Act to authorise the Superintendent to purchase Crown Lands for certain persons as Compensation for Damages sustained by them, by reason of the Nonfulfilment of certain Contracts made by the New Zealand Company,' it was enacted that it should be lawful for the Superintendent to purchase out of the Public Revenues of the Province, for and in the name of each of the several persons whose names are inserted in the schedules to the said Act annexed, Waste Land of the Crown in the Province of Nelson, to the value of the sums specified in the schedules wherein such names are included respectively, as compensation for all damages sustained by such persons in consequence of the nonfulfilment of the contracts aforesaid. And whereas the assent of the Governor was withheld from the aforesaid Act, because the power of legislating on Waste Lands of the Crown had before the passing thereof been taken from Provincial Councils by the disallowance by her Majesty of the Waste Lands Acts, 1858, of the General Assembly of New Zealand. And whereas it is just that persons having such valid claims as aforesaid should receive compensation in land in respect of the same out of the Crown Lands of the Provinces of Nelson and Marlborough. Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, as follows :— 1. The short title of this Act shall be ' The Land for Compensation Nelson and Marlborough Act, 1860.' 2. It shall be lawful for the Governor to make free grants to each of the several persons whose names are inserted in the schedules hereunto annexed and maiked A, B, C, D, respectively, of blocks of land not exceeding in value the amounts of money specified at the head of such schedules respectively, out of the Crown Lands of the Province either of Nelson or Marlborough aforesaid, wherein such claimants habitually reside. 3. All such lands shall be taken by the persons aforesaid as compensation for all losses or damages austained by them in consequence of the nonfulfilment by the New Zealand Company of their contracts and on the terms and conditions (except the single one of payment of the purchase money) upon which Crown Lands are sold in the Provinces aforesaid, under the regulations for the sale and disposal of the Waste Lands of the Crown in force within the said Provinces respectively, at the time of the coming in operation of this Act. 4. Provided always that no land shall be granted under the authority hereof which is affected by any contract of the Crown, nor after the expiration of two years from the coming into operation thereof. The following amendments by Mr. Sewell and Mr. Domett we copy from • the ' Order Paper' of the House of Representa- ! tives, for September 27th:— J Land for Compensation (Nelson and Marlborough) Bill—second reading. Mr. Sewell to move, on the motion for the second reading of the Nelson and Marlborough Land for Compensation Bill, the following amendment, That this House recognises the principle laid down by the Resolution adopted by this House on the 2d July, 1856, " That the administration of the Waste Lands of each Province should be transferred to the Provincial Government of such Province;" that in accordance with such principle this House will not until further Order proceed to consider any measure specially relating to the administration of the Waste Lands of any Province until having first ascertained that such measure is specifically recommended or approved by the Superintendent and Provincial Council of such Province; and that the Nelson and Marlborough Land for Compensation Bill be referred to a Select Committee to consider and report whether the same has been specifically recommended or approved of by the Superintendent and Provincial Council of the Province of Nelson, such Committee to consist of the Colonial Treasurer, Mr. Domett, Mr. Fox, Mr. Waid, Mr. Gillies, and Mr. Williamson. Mr. Domett to move in Committee upon " The Land for Compensation (Nelson and Marlborough) Act, 1860," the addition of the following clauses:— 5. Provided also, and be it enacted that every such person before he shall become entitled to any such free grant of land as aforesaid, shall prove to j the satisfaction of any Commissioner or Commissioners to be appointed in that behalf, a3 hereinafter provided, that he has a bona fide claim to compensation on account of the non-fulfilment by the New Zealand Company or its agents of engagements entered into with him by the said Company or its agents, and the said Commissoners before any such Grant as aforesaid shall be issued shall report the validity of such claim to the Governor. 6. It shall be lawful for the Governor to appoint a Commissioner or Commissioners not exceeding three in number to investigate and report ! upon the validity of the claims of the persons aforesaid, and every Commissioner so appointed shall have power to summon all necessary witnesses and to examine them on oath on all matters touching the claims aforesaid. 7. Provided always that no such investigation as aforesaid shall take place with respect to the claims of any such persons resident within the Province of Marlborough, until the assent of the Provincial Council and Superintendent thereof, to such investigation and. compensation as provided

by this Act, shall, have been signified, nor shall any such compensation as aforesaid be made in respect of the claim of any such person resident within the Province of Nelson, until the assent of the Provincial Council and Superintendent of the said Province shall have been signified to the report of the Commissioner or Commissioners awarding the same. Mr. Domett said in his speech that the claim was a just one; Dr. Monro, with the best grace he could, admitted something like it; and the Bill affirms it in the following words :—'Whereas it is just that persons having such valid claim should receive compensation in land; * and in the preamble to the same Act it is stated that the * name of each of the several persons whose names are inserted in the schedules to the said Act' (that is, the Nelson Act): thereby intimating that every person who had been examined by the Nelson Commissioners, and whose name appeared in the schedule to the Nelson Act, was so entitled. Now if so, is it not strange that Mr. Domett, in his amendment, should require «every such person before he shall become entitled to any such free grant of land shall prove to the satisfaction of any Commissioner or Commissioners to be appointed by the Governor,' &c. We know no one who has ridiculed the overmuch legislation of New Zealand more than Mr. Domett. Can this be matched in or out of New Zealand ? It has been talked about for many years; there was a deal of trouble, attended with the usual heartburnings and petty opposition, in the appointment of Commissioners to examine and report upon the claims; the Commissioners sat many many months; the Bill founded on the report of the Commissioners was thoroughly discussed in Council; and now we have the principal Commissioner moving for a new Commission. The Act itself, as will be seen, is a very simple one, and merely confirms the Act of the Provincial Council of Nelson, which was founded on the report of Commissioners Domett, Kingdon, and Thompson, and says nothing of the appointment of another Commission or Commissioner; and further states that the ' assent of the Governor was withheld from the aforesaid Act, because the power of legislating on Waste Lands of the Crown had, before the passing thereof, been taken from the Provincial Councils.' We can only iterate our oft-repeated advice to the honest but too confiding workers of this Province, that whenever their ' sweet voices' are solicited, by which such men obtain offices of emolument or posts of honor, to say, * From all such good heaven deliver us.'

By the Bench : Have mark no calculation as to?

The exports from Nelson for the quarter ended June 30th, 1860, amounted to £5904, and £2046 ot this was for gold. In the corresponding quarter last year they amounted to £8980. This leaves Nelson in a miserable condition in this respect compared with other provinces. We know that the greater part of the wool is generally shipped from Wellington, thus fallaciously swelling the exports ef that province. But the Wairau is now gone, and for some years little will be done in that line; but we trust that the small iarmers will look well to their mutton: it will produce a golden fleece. It has often surprised us to see what a number of raw hides and skins is sent away to Wellington and elsewhere; on inquiry we find that through some absurd ordinance the dressing of these are strictly prohibited : it is pretty evident that the sapient legislators of that time demurred to the old saying, that there is ' nothing like leather.' W« cannot but think that if we had had the right sort of members at Auckland, the Dun Mountain Railway Bill would have been passed : this would have been a good lift in this line. The value of the imports for the same period was £45,725 : we are happy to say that not much above £1300 of this sum was for spirits.