WEST COST RESERVES COMMISSION.

Taranaki Daily News, Volume LIV, Issue 283, 27 May 1912, Page 7

WEST COST RESERVES COMMISSION.

SITTING AT HAWERA. A WITNESS SEVERELY HANDLED. The Commission resumed its sitting in Hawera on Thursday, when Mr. Welsh continued his case for the lessees. Emily Agnes Mitchell, widow, residing at M»naia, gave evidence of her husband having taken up a lease under the Act of 1887, and another lease under the Act of 1892. He never heard of any right after 1862. There were no questions. Duncan Alfred Poole deposed that he was a farmer residing at Auroa. He was one of the petitioners to Parliament, and chairman of the deputation. He held a lease under the Act of 1887, being section 33, block 13, Kaupokonui •urvey district. He acquired the lease from Mr. J. Blennerhassett in 1907, which had been recommended to him by a land agent in Eltham. He went with the agent to look over the place, afterwards returning to Mr. Blennerhassett, asking him for his terms. He sated that he required £4750 for his goodwill and improvements, and also a right as to renewal. Later he informed his lawyer that he liked the place, and would "go and value the improvements. He went over the property, and carefully valued every improvement, which totalled between £3OOO and £4000,-or approximately a little over £6 per acre. lie : told his lawyer of the value of the improvements, which would leave not quite £IOOO for the goodwill. The lawyer replied that he had looked over the , lease, and that it was all right, and if he got it for the sum quoted he would get it at a snip. Witness saw Mr. Coutts, the Government valuer, and he told him that anything that enhanced the production of the' land would be paid for. He afterwards closed with the bargain,* and thought he would be paying for a lease in perpetuity, and that he had the right of renewal, but found this was not. ' Since he had purchased the land he had effected improvements to the value of j i £llOO, and it would take a good deal more to fully improve the land. i Mr. Bell: Was Mr. Blennerhassett the,' original lessee?— Yes. j Do you know whether he applied to convert V—l cannot say. Mr. Bell asked the witness what were the actual words used by Mr. Blennerhassett? i Witness: He said, "You have a right for not only a renewal, but you have compensation for all improvements." Mr. Bell: Mr. Poole, does it occur to you that a man who knew of the £5 limitation as to improvements, but did not know the point in Tinkler's case, might have made that observation in regard to the improvements perfectly truthfully? J

The witness remarked that the question was obscure.

The chairman said the question was a perfectly straight and proper one. Mr. Bell repeated the question. Witness replied: Yes, I suppose it would be so. He would understand that all improvements were to be paid for. Mr. Bell: Your lawyer, Mr. Wake, told you that the lease was all right.—Yes. Did you tell Mr. Wake that you expected to get the right of renewal?— No,

Did you tell Mr. Wake that you were to be paid without limitation as to improvements ?—No.

So that Mr. Wake, not knowing what you expected to get, told you you were all right?,

The witness made some comment about the question being foolish, to ■which the chairman replied that the witness should pay attention to the question.

The witness: Ho said he was satisfied with the lease.

Mr. Bell cross-examined the witness in regard to his evidence about the value of goodwill being estimated at £3OOO or £4OOO, while before the Lands Committee he had stated that it would be valued at £6op or £7OO. " Witness': Oh', yes; I might have said that. But lie added that he might have not taken everything into consideration when he made the statement.

' Mr. Bell: Don't you think you are .pver-estimating the value of your improvements'—No, I don't. I understand you are one of the leaders of this movement?—l am—not of choice, but of the others'. I understand you have no desire to take the native down, or to defraud the native, or to rob him of his birthright?— You are perfectly correct ther«, ■ I understand the lessees are taking what they consider to be proper steps to assert what they consider their right?— Hear, hear!

Now, Mr. Poole, what do you say of a man who tries to use political influence to get this matter through? The witness replied that he thought they could adopt any legitimate means to keep the men on the land—those men who had made Taranaki what it was. The lessees, he claimed, had as much right to the land as the natives, who only held it by occupation licenses. Mr. Bell: You tell me the issue is a just one. Am Ito understand you to say that a man should endeavor to use political influence to get this matter through ?

Witness: I say a man is perfectly right to get a just cause through. ' Witness was further examined at some length in reference to a letter which he had written to the Government on the matter, and a letter which did not meet with favor from cross-examining counsel.

Witness said he had never received a reply to the letter, but understood it had been filed for consideration. He did not think it was one for reply. Mr. Bell: I do. I think it was one for a stinging reply. George Hamlet Murtons, Otakeho, said he was a le'ssee under the Act of 1887. He saw the lease before he purchased it, and understood that he was to receive compensation for all improvements, without any limitation. He did not suggest that anyone had misled him about the lease, but tßat he had not understood it. The improvements when the land was purchased would be worth about £3 per acre, and to-day they would be valued at £8 per acre. He could yet spend another £5 per acre on the land to secure good farming. There were no questions. Mr. Welsh said that was all the evidence he had to tender.