Tuapeka Times. AND GOLDFIELOS REPORTER AND ADVERTISER. WEDNESDAY, JULY 8, 1874. "MEASURES, NOT MEN."

Tuapeka Times, Volume VII, Issue 371, 8 July 1874, Page 2

Tuapeka Times. AND GOLDFIELOS REPORTER AND ADVERTISER. WEDNESDAY, JULY 8, 1874. "MEASURES, NOT MEN."

The judgment given below, re the Bellamy Run, our readers will regard with special satisfaction. We offer no comment on the unsatisfactory judgment of Judge Chapman and on the expense incurred, as that has fallen not on the country, but on those who selfishly stood in the way of settlement. But we are glad to have this decision, as it clears the way for the Executive to throw open land similarly held anywhere throughout the province. We, rejoice at this decision, as it has removed a barrier in the way of settlement in our neighborhood. Many have waited for land in this district, and have grown tired of waiting, and removed elsewhere. This land, it will be remembered, was thrown open through the action of a Reid Government. It was they who braved this litigation, aud followed the litigants to the utmost limits, and we congratulate them on the victory, as it is one the benefits of which we ourselves hope to reap. The Executive ia left at liberty to deal with this land as they cjioose. The block contains about 17,000 acres, aud lies on both sides of the Beaumont Road, commencing from the boundary of the pre-emptive right and stretching towards Beaumont Ferry. It is laid off in 200 acre sections, to be alternately leased and sold. We consider this arrangement aa little liable to objection as any that can be devised. Ifc provides- for those of moderate means, and also for a class a little higher, and all classes are needed to constitute a prosperous republic. We trust that, aa this land is already surveyed, no time will be lost in 'gazetting it afresh.

Judgment of the Lords -of the Judicial Committee of the Privy Council on the appeal of John M'Lean and the Bank of New Zealand v. James Macandrevv and others from the Court of Appeal of New Zealand, delivered 9th May, 1874. Present : Sir James W. Colville, Sir Montagu Smith, Sir Eobert P. Collier and Sir Samuel Martin : —

This was a suit by the plaintiffs, to whom a lease had been granted by the Government of certain lands for pastoral purposes, against the Superintendent of the province of Ofcago, the Chief Commissioner of the Waste Land Board, and certain members of the Executive Council of the province, to declare the invalidity of certain proclamations of the Superintendent, by the first of which their lease had been cancelled, and by -the 2nd and 3rd of which, portions of the land comprised in it had been selected for agricultural leases and for sale. The plaintiffs obtained an exparte injunction, restraining tho defendants from putting the proclamations 'in force. The defendants moved in the Supreme Court to dissolve that injunction. This motion was dismissed by Mr. Justice Chapman, with costs. Thereupon the defendants appealed to the Court of Appeal !of New Zealand, which reversed the judgment of Mr. Justice Chapman and dissolved the injunction. The pre^nt appeal is from the last judgment. The facts necessary for the determination of the case are as follow : — On the 29th January, 1867, Mr. Dick, the then Superintendent of the province, constituted and appointed by proclamation a certain district to be a goldfield under the powers conferred by the Goldfields Act 1866. At this date plaintiffs held a license to occupy waste land for 'depasturing purposes within the land' so proclaimed ; and on the sth July, 1867, they elected to 'Sitt'j;Qiider-th«r.liQense»'jMidA'eQeiTQd,-ft.lease'in

lieu thereof, tinder section 69 of the Otago Waste Lands Act, which makes it compulsory on the " Board " to grant such lease, subject to a' proviso enabling the Superintendent to refuse to grant leases for pastoral purposes of any waste lands which he may deem it inexpedient to lease. The Otago Waste Lands Act, 1866, came into operation at the same time as the Goldfields Act. On the 28th December, 1870, Mr. Macandrew, the then Superintendent, issued a proclamation under section 16 of the G-oldfields Act, whereby he cancelled the plaintiffs' lease to the extent of 17,360 acres. On the same day he issued a second proclamation, under section 33 of the Act, selecting a portion of the 17,360 acres for the granting of agricultural leases, and a third proclamation giving notice that other portions of them would be sold. The main questions argued before their Lordships — though, it would appear that they were abandoned, or, at all events, not insisted upon before the Appellate Court — were these: — Ist. That, Mr. Dick's proclamation was invalid because no goldfleld or gold-mine had been discovered when it was made ; and, further, that, in order to support the proclamation of tbo 28fch December, 1870, it was necessary to prove not only a previous proclamation of a goldfield, but a previous discovery of the gold upon the land included in the cancelled lease. Mr. Dick's proclamation is not directly impeached by these pleadings, and upon the subject of the actual discovery of gold it is to be observed that the plaintiffs filed no affidavit on the motion for an injunction, except an affidavit verifying in general terms the allegations in their declaration which averred that " no goldiield or goldmine has eyer been discovered or proclaimed upon the said pastoral run." On the other hand the defendants filed affidavits stating that there had been gold workings and gold had been obtained on the land described in the proclamation of Mr. Macandrow both before and after its date. Upon this evidence their Lordshipß think it must be taken that gold had been discovered before the proclamation of the 28th December, 1870. The next question was whether section 16 enabled the Superintendent to cancel the plaintiffs' lease, it being contended that that section gave power only to cancel licenses or leases existing at the time of the passing of the Act, and that, although the plaintiff had a license when the Act passed, it had ceased to exist when it was exchanged for a lease, and that the lease was granted after the passing of the Act. The material words of the section are," When any goldmine or goldfield shall have been discovered and proclaimed upon any Crown lauds, which, at the date of the passing of the Act, shall have been held for depasturing purposes, it shall be lawful for the Q-overnO'-, at his discretion, to cancel the licenses or lease uuder which such lands shall have been held in occupation, .as regards the whole or any pare of the lands so held under such license or lease. It is lo be observed that the words "shall have iicc«," wljom f.hey first occur, are not used with perfect accuracy, ! inasmuch as they apply to licenses and leases subsisting at the time of the passing of the Act, and not to licenses and leases then expired, to which only in strictness the expression " shall have been " would be applicable ; for '• shall nave been " therefore, " shall be " should be read, and "shall be*' should similarly be read for " shall have been " where it next occurs. It is clear that the {description of tho lands to which the power of the cancellation refers is lands held under a lease or license at the time of the passing of the Act. If the former cancellation had been intended to apply only to the actual document, whether license or lease, held at the time of the passing of tho Act, that intention would probably have been expressed by the word " such " lease, or ]i<?«mec. in the absence of this word their Lordohip3 think that the power may be fairly held applicable where a licgpse under which lands have been held at the time of the passing of the Act has, within six months, been exchanged under tho Goldfields Act lor a lease, and that the expression " tho lease," where it occurs a second time in the clause, may bo read as the lease (substituted for the previous license) hold at the time, when the power of cancellation attaches. Both the Groldfields Act and the Waste Lands Act came into operation at the same date, and it is difficult to read the two statutes together without coming to tho conclusion that the Legislature whilst it proposed, under the Waste Lands Act, to enlarge and improve the tenure of the holder of the Crovra lands for depasturing purposes, also intended to do so subject to a reservation of the power of cancellation, which regard for the mining interest of the colony rendei*ed necessary. This intention would bo defeated by holding that the Legislature had given power to cancel licenses, but had not given power to cancel a lease given in substitution for them. Therefore, although the clause is not free from ambiguity their Lordships are unable to say that the Court of Appeal were wrong in construing it as they have done. An argument based on the word '• when,"' with which section 16 of the Q-oldfields Act commences, which in their Lordships' opinion the Court of Appeal very properly disposed of, was not pressed before their Lordships Board. Entertaining this view, it becomes unnecessary to consider the other proclamations, because if the lease were duly cancelled the plaintiffs would have no locus standi to complain of what may have been subsequently done with the land. For these reasons their Lordships will humbly advise her Majesty that the judgment appealed against be affirmed, and the appeal dismissed with costs.

If the address to Parliament of our new Governor may be taken as an indication of the merits of the man who makes it, the indignant citizens of Roxburgh, Cromwell, Queenstown, Riverton, and other rising aud flourishing townships, whose exuberant loyalty he so carefully snubbed, may now take comfort. The reason of his conduct Avas plain : there was nothing in him. The insulting language which met the ears of ~the hospitable Mayor of Queenstown, when he and other worthies went so far and took so much pains to greet his Excellency, may be " computed to Ms ignorance." But whether he is or is not responsible for the Address, clearly there is nothing in it interesting or concerning the said citizens. The breeding of pigs is fraught with results more important to them than the breeding of princes, and they will see but little subject of congratulation in marriages which, while they can, it is to be hoped, in no way affect New Zealand, result in imposing and maintaining burdens upon the Mother Country. With tho highest respect for the royal office and loyalty to the royal person so long as endowed ,with those gifts and virtues which are attributed to lier lloyal Highness the Duchess of Edinburgh, we can scarcely see why her marriage should be a subject of special congratulation. Neither the British people nor the Colonists used to esteem the lady's venerable grandparent very highly — used* in fact, to call him Old Nick in former days, and tried their best to curb him and keep him in check. Of the Toyal Duke himself the Colonists know a little, have heard a good ■ deal, and are now content to say nothing. The .next of his Excellency's

speech also trenches upon doubtful ground, viz., hia own travels and adventures in search of knowledge of the colony. We "hope he acquired it. No doubt he admired our breed of Mayors intensely, and that the horses he drove appreciated the oats of Eiverton, there can be no doubt, as it is said they consumed about forty bushels there in half an hour. He might properly have enlivened this dull speech of his and this dull world of ours by a few amusing anecdotes of his travels, but possibly, being a Scotchman, he cannot understand a joke. His Excellency passes over the interesting and important subject of Public Works in one curt sentence,, and then proceeds to another somewhat shady Bubject — Immigration. It may fairly be presumed that among the means of locating and settling some of the immigrants additional gaol accommodation will not be overlooked. It does not in fact appear that any other provision is being or to be made for their location and settlement so far as Otago is concerned ; rather the contrary, for one of the principal means of provision — the goldfields— is fast being locked up, and only recently it was proposed, but not yet carried, to sell them all to the wool-growers. As regards the next paragraph, there is only one remark arising out of it — namely, be careful to address all your British and European leHers " Via Suez," if you desire them to reach their destination within a reasonable time. The general prosperity which prevails throughout the country is owing in a great measure, your Excellency, to the increased value of our exports — wool, gold, &c. ; and long may it continue, if it were for no other purpose than to keep the people in such good humor that your Excellency can travel right through the Colony, snubbing hospitable people right and left with perfect impunity. Passing over some paragraphs of a purely stereotype character, we find that His Excellency's advisers consider that the Polynesian Islands, their civilisalion, settlement, commerce, and forms of Government present a problem of great interest and importance to this Colony. Now, what on earth does all this mean 1 Surely, we have quite enough to do with governing Maoris, and Have no »ugi*v cvn<l blankcta to opo.ro for others. As to their forms of Government, unless we could borrow a few of their chiefs for our Upper House, they do not otherwise seem to concern us much ; but perhaps it will be wisest to wait and see how His Excellency's advisors came to have their attention directed specially to this problem. In the meantime, we can only guess that somebody wants something, otherwise it is scarcely likely that, with the argent demands upon their administrative attention, referred to in the last paragraph, and which makes them 'tlihi'k it inexpedient to invite legislation upon many subjects which do press for immediate settlement, they would have devoted their attention to these interesting niggers. Depend upon it, somebody wants to get something — that's sure.