THE WAIHI LAND DISPUTE.

Taranaki Daily News, Volume XXIII, Issue 90, 6 May 1901, Page 2

THE WAIHI LAND DISPUTE.

THK IN COURT. TiiEttEwusa largo a'tetvlance, principally Maori', at. tho S.M Court on Friday, when Mr. Stanford, S.M., heard t u o case against. Mrs. Siml) Mar.ih, of Wfrihi, of intcrfsi ing wi'li tlio exe '.ution of certain survey wot ks The information, which I id by Presto i Ghambots, •m'iho is «i surveyor, charg'd Mrs. Sarah Marsh with havin>, on 25th April, 1901, at Waihi, wilfully obstructed him in thi exectij tion of his duty in marking out survey Ilints in the subdivision of foetion 31, [block 6, Waitara Survey Dhtrict, |hei' g pirt of a reservo vested ia the i Public Trustee by virtue of the Wtst O ast Reserves Act, 1892, by remov ing a ranging peg from i's fixad position on the s id section.

Defeiidani-, for vhom Mr. Wright (nf Wright and Hutchon) appeared, pi a 'etl not puilty. Mr Kerr (Star-dUh and Kerr) retho fu' lie Trustee. In opening tho rate, Mr. Kerr said that the Public Tru-tee was a corpo- • a'e Wo Iy, and under Section 4 of the .West Cou>t S t lomimt Roserve? Act, 1892 ; all re;e: v> s wjio v sked in him By sertion 12 of ilia same Act, it is not open to any native to s it up a right. a ag-iinst tho Public Tiu'oion the ground only of owr or hip r>f a share in such art servo. By a ction 22 of the Act, tho Public Trujte-i may n\ibe s nb R.n voys as ho thinks fit, in acoord•»tci with the survey regulations. Bee '"on 31, Waihi, is such a risarw, vested in the Pub'in Trus'ee. Mrs. Marsh was not included in the Grown g 'l.nt title of this ieacrve. Some time >.go s v. ral nitivo beneficiaries ia th s gr.nt applied to have their shares al located to tlwrq, an 4 the Public Trustoe (by his agent, Mr. Fisher) au horised a surveyor (Mr. Chambers) til cari y out this work. Before doing pq Mr, Fisher, knowing that Mrs. M»rih had set up. a claim as against the Truitea th ugh he knew also that, s'o had r.o right of ownership in tl u particular s c''iok—intimated to her, both verfc&Hy and by registered letter, the intention to survey ihe section into subdivisions. She had known that tho land was in the I'ublio Trust-e. In March Mr. Chamb*ra went 'o Waihi, and when preparing, to survey section 31 Mrs. Marsh and her luisbiin3 and other nativi s csme (Hd told him slie ould pull up any pegsbe might put in. The surveyor teld )er tint the should go about h -r protestin a legal manner. Oa 24th April Mta. , March cam# up to the section an<J jwi'.h an ux', knocked out a rangitg I p<tg, au'l by eo doing hindered the survey or n tha execution of his wot. &lie iutirnatad that shg woujd puil'ap, i any further pegs put in, and the vayor was compelled to desist | on ji work. On this oocision the defen^ n j. used unpleasant language, Th* ; n _ fovm.ition 1 " :J • n e . ...u unasr section 11, 01 t!-e Land Act. There was no questi oß i of milice ; it was sufficient for the pif- • po3es of this cisi that the act nj* B committed wilfully. Th l firs'; witness called was T. W. Fieh"r, Native R?servts Agent of the Public Trustee, resident ' in New Plymouth, siii he had raceived instruuions to subJivide various lands occupied by natives i&to family holdings. In accordance with instructions he told Mr. Chambers, sui-' veyor, to go t) Waihi and subdivide! section 31, Block Yf. Tir's section is part cf t':e original subdivision of teci tion 7, Blwk VI., and is comprised in Cro*n (jrant No. 5247 [produced]. Mr Kbit asked His Worship to take judi ial notice of the Wi s*. Coa«t Se' tlemiuts Reserves Ac's of 1880 and 1881, under which the Cro ®n grant was issued.

His Worship said Judge Edwards had helil that this could not bi done.

Mi\ Kerr pointed out that Sir Robert' Stout and Mr. Justice Wil iams held that the provisions could be noted, and Mr, Justice Edward's opinion was a dissenting one. His Worship: Thit is so; I will follow the majority. WitQO»fl, continuing, said he notified Mrs. Marsh, S9verat times th>it he was to sub-divide the block. Sb« s*i«l she did not agree wi'h thi* being don", aid would t&ke action against it. He had also sant Mm. Maxell written no ico, by reg'sterrd latter, of the intention to cut up thj property. She bad had previous notice a!so this was vested in tlnPub'ic Trustee, and she had received rail's from her share in tJ.eNgitirahiii Bioik; but not from any pirtof block Vf. Witne3sweg pre*etit wlvn Mr Martin (Public Trusten) aid Mr Duncan (Deputy Trustee)a* dift'e eit times saw M s. Marsh in reference to tha cutting up of lmds f >r tbo« who had app'i, d for grants for theii portions, On one 1 ccas'on shecloimec that she should have had her own sban to do tvi'h as she and that i tiliould cot hive bp<n vested in thi Public Trustee. This w's somn timi in 1898. TieTrus'ee rep'ied thit tin reserves we e vested in hiui by virtui of the West Coist S ttlcments Ressrv?, Act of 1892, and he could not go behin< that. He told Mw. Marsh that it j-rl r 'o gei h-r grievance rightei special legislation would be required A had fi ie idly chats witl Vlrs Marsh about the matter. Sin had 1.0 interest in s cd' n 31, tithe originally or b/ inlipritinc. The sub Hivis'oa of s 'tti 'n HI wis uec-ssar; wd was being done to firing l'ome ti each family its own particuhr share Some of the linds Hoyond thofe por tio.s wnvi leise l to Europeans, and tli survey was n* cost ary in order that rent accruing fr. m E iropsans leases migh ba f ir'y divide! among the nativ own r-'. [ Pr st»n Clumbers, an authorised <urv y r in tho service of the Public T. was it s'ruct.nl by Mr, Fishe', [abr.ut 16th Mirch, to proceed with the I survey of sub-divisions of land at Waihi, an! among the n section 31. He 'vent ilong the m in roid to pick up old pegs tig.t a starting po'n r . At thespo' vhera h i was go'rg t> commenco hj" ,w'rs m t by M s. Ma sh and siveral u t - cs. H'io a ke! In'm what was lj inj.' o ■•, aid I e explained in detail wlia* ho Invito do. She replied that sheo jee'ed to the survey proceedin?, v d woul I ki.oek out aoy pegs he put in.

At thin ftage Mr. Wright s.il that 1 in order to simplify m itters it would be admitted that the p'gg were knooked

iut and Mr. Chambers hindered in his work.

Witness, in reply to Mr. Wright, paid he held a certificate as a licensed surveyor, Bi'gned by the SurveyorGeneral. He had no especial authority from the Surreyov-Goßeral in this cise, but was acting under instructions from Mr. Fisher.

Mr. Kerr pointed out that the land in question was not native or Crown land under the Act, Witness preduced his written instructions from Mr. Fisher. Whon Mrs. Marsh knocked out the peg she 'old witness Bhe would also knock out any further psgs he might put In, on tii9 lire or e'sewhere within the block. Tn cinsequance of that ho discontinued the work. He bad made a number of subdivisions in other places and had rever bee i stopped, In answer to Mr. Wright witness explaired the terms of his authorisation as a surveyor.

Crofs-exaroired, the witness said he had his wiitten instructions from Mr. Fisher when lie weot to Waihi. He was not asked to produce any writing, but simply told Mrs. Marsh, when asked under what authority he was working, that he was under Mr. Fisher's direction.

C. Pollen, chief draughtsman in the Survey Department, gave formal evidence relating to Mr. Chambers's appointment as a surveyor. Thi* was the case for the prosecution. ' Mr. Wright, in opening the case for thi defence, said that, apart from considerations of law, the defendant claimed that the Public Trustee was not ontit : ed to ccI', 1 ', as the natives held a ti'le to thfl land that wag not ousted by any provisions of the West Coast Settlements Reserves Act, He wai prepared to call evidence to show that Mr*. M.ireh wai acting on behalf of others.

Mr. K/rr submit tad that oven so, Mrs. Marsh bud wilfully oomuvtted an illegal act. He a'so pointed out that Mr, Wright c- uM nob go behind the Crown grant, to prove a title, a; the grant showed on the faea of it that Mrs, March had to slure in the Imds referred to.

His Worship s\id t' e nly thing the defence might hhow was that Mrs. Marsh was acting as agar t for th se interested, and by showirg they h d a oolour of right, give grounds for a re duced fin» or irnpris mm nt. Mr. Kerr combatted 'his, q'\ot'n« section 13 of the Land ai.d Mr. Wright entered upon a long argument in support of his contention.

Mr, Kerr said the Public Truscedid not wish to press for a Imvy penalty; but only wanted hi a light* vindicated.

Sarah Marsh, the defendant, was j theq, called. On the 18th"March th-. na,tiyes f©ot for and she went an-1 [ Mr. Oh».tubers on the road at tl e j Wai&u- she said, " I am given t) understand that you are coming to cut up the native land." Ha repl : e I, "Yes, I am going to put lines through the land, which I am authorised to do by the Publ'c Trustee." fche asked if the Trustee had furnished the names of the people on the block, and the surveyor paid he hid no 1 . WitLess aiked him if ha had a wri'ten authority. He said, " No, but I have this " (sloping a paper with a number of boundary ilines drawn upon it) "to show me j where the boundaries are to go," Ho then explained to wi'ne-s h,w a cumber of subdivitions were to be made, and she toli him the natives w uld object. He said he could only co on with nis work. A claimant (Tuiwlianga) of section 31 was present, and told witness to ttll the surveyor be would never agree (o a psg going on his section ; he would knick them all out nn fast as they were put in. Tae 11.1 ive.s persisted in stating their oppos tia ■. According to the papers they held the Maoris cjrsidered they were the rigliful owners of tha land LVer on she saw Chambers on section 31, and h said he bad to go on wi'h his wotk. Taiwheng* had told wiiness to knock, out any pegs she saw the sui veyor put in.

Cross-examined by Mr. Kerr, witI ness said she bud agitated in this land question for some years, She received notice that the land was to ba cut up, but it was not stated for wh >t purpose. Shi had received rents for fonae of the lanHs ; but only accepted th m under profes". Oi one occasion Mr. Maclny hal informed her that the lacd could tot bi veited in the Public Truß'e\ though Sir William 7ox had given the opinion that it could come under tha juris liction of the Trustee. Mr. FUher and Mr. Robertson hid to'.d her the lauds were to be subdivided, and she had toll them she would resist, as it was intciferinq with her people. She decided to tke the pegs out to bring the matter to au ißßua,_and did not lay any information agai»»t the surveyr for trespass becars ■ she had beea informed that coal I not 'be done.

At this st<ge (5.30 p.m.) the Ooutl adj jurned till 10.30 nuxt morning. The resumed on Situidiy. Af'.er couos.ls' argument, the n x witness called was

; . Sydney Tawhinga. On 18th March siw Mrs. Marsh and asked h*r what the survey was aboiif. Sue said the land was being d vided. He siid he did not wis;i it to bo done, nnd Mis Marsh siii.l she agreed with him. Witness thea asked Miv. M»r-h o »sk the surveyor why he cane and hj« repliad tha". be came by Mr. Fishei's orders, Witness underj'ojd th t it was his section 31 that was to be divided. He receivtd ren's from the block (6); bat ee.:t''on 31 was not 1 a?ed, an 1 he got n i r« n 1 ; from it. He called sec ioa 31 his barium his name appeared in the grant. Witn bb told Mrs. Mar.-h that when the surveyur came to his pirce [the. laod] h > would stop him, and if he could not get tber-i Mrs. Marsh was tos'op thesirvey. He considered he had a right to st 'ptho Trus'ees's agent when ho (witn ss) did i;o" know whit he wanted on the land Examined by Mr. Kerr: WitufS3 lived on block 6. Mr. Fisher told wijims.tbat a piece of the block was to beleas»d, ard told Lim not to buiH a house at that time (September). M-. | Fisher told witness 27 acres of section 31, would ba cut otf for him, but he said he did to'; want it cut up. Wit<;esi did not know the Public Trus te c'aim"d the block. He hal rece ved ' ont-j from Mr. Fi>her in respect of leases cf b'ock 6, of which section 31 was apart. Heobjdct d Whe divisions being ma 4« beoause Mr, Fiaher did not

consult the tribo. It was not (rue the real reason of his objection was that ho * was leasing a larger are* and would only get his own atari) if all were allocated. All natives interested in the block agreed that the survey should be stopped; and the pegs removed. Coucsal then addressed the Court. His Worship in giving judgment said the ci«e wa» in one sense leng and obscure, but in another very simple. It was net his place to interfere with the question of title; but he bad had to look at it in order to sea how it affected any colour of right defendant might have had. He found the land in question waa given the natives a* a reward for poet services, but the Oempeosatbn Ceurt award had since been discarded. Since 1880 Mr. and Mrs. Marsh had been concerned in agitations to the effect that the bleck of land in question was not included in the West Coast Settlements Reserves Act; but tho repeated replies of different public functionaries has been that the hnd was under the operation of that Act. Mrs. Marsh bad then taken the law into her own hands by removing a survey peg. He might advise the Maoris to accept the subdivisions that were being made by the Public Trustee, by which each would derive full benofit from his sham.' There was no doubt a goad deil of sentiment connected with the whole matter, and though he had power to inflict a fine up to £SO, be would impose one of twenty shilling* ii} this cam. But he would like it to ba faA—as a warning that if any further ca«« cime before him in connection with these lands he would impose a term of imprisonment without the option of & fine. Costs in the case amounted to £2 lis.