The Waikato Argus GEORGE EDGECUMBE, Proprietor. THURSDAY, NOVEMBER 17, 1898.

Waikato Argus, Volume V, Issue 368, 17 November 1898, Page 2

The Waikato Argus GEORGE EDGECUMBE, Proprietor. THURSDAY, NOVEMBER 17, 1898.

The decision of the Appeal Court in the Hatunia case will, in the absence of fresh legislation, secures to people whose land is taken under the Land for Settlement Act, full compensation for the loss entailed upon them. The Government contended that they were only entitled to pay to the deposed holder tlie value of the land to the purchasers. The Appeal Court has ruled otherwise. The judgment says the dispossessed person is entitled to be put in the same position financially as he held at the time of the seizure, not including sentimental losses, that is to say for injury to his feelings by being dispossessed of property to which he had become attached by long residence and old associations. The Court ruled that the sum awarded by the Compensation Ceurt shall include loss by delay in re-in-vestment of the money and loss on sale of sheep or other stock consequent on a forced sale. "When the Government takes a sheep station it must be supposed to know that the sheep would have to be disposed of. The judgment of the Court will commend itself te all on the ground of equity, as it will relieve owners of the liability to be put to monetary loss at the will of the Government of the day. This case and that of. Sir Walter Buller's forcibly evidence the fact that under democracy, as developed in New Zealand, the Supreme Court is the only safeguard of the liberties, rights and property of the people. Equity and Democracy-unchecked are as far apart as the Poles. The discretionary power vested in Ministers by Parliament requires to be very largely curtailed ; it is the possession of this power which places in the hands of Ministers the ability to bribe or punish members, individuals and constituencies. The Lands for Settlement Act is a glaring example of this evil. It will have been noticed that the Government has ]ust made a very large purchase, the Waikahaki estate from Mr Allan McLean, situated near Oamaru, consisting of 48,000 acres. Considering that there are many thousands of acres under the control of the Assets Board, in which the country is directly interested, it is impossible to approve of such transactions. Again, the money which will have to be paid for this large estate would have enabled roads and bridges to be constructed, which would at once have given a saleable value to the large blocks of land purchased from the natives. If the money were so applied, the settlement of new country would be promoted and the producing power of the country increased. In addition there would be a return for the large outlay. This land at the present time, to use a colloquialism, is eating its head off. Nobody will dispute that when there is really a dearth of land to supply a legitimate demand it is justifiable for the Government to step in and acquire large estates in order to satisfy the demand, but until this stage is reached there is no justification for such expenditure, and as wc pointed out above, the money so used could be much more advantageously applied to rendering Government land ready for settlement, with benefit to the occupier and the country.