THE NATIVE LAWSUITS BILL.

Waipawa Mail, Volume I, Issue 10, 16 October 1878, Page 3

THE NATIVE LAWSUITS BILL.

The above Bill was introduced by the Ministry, and has for its object the settlement of native lawsuits commencedin the Supreme Court. The Bill provides that the Government shall have power to appoint the Judges to exercise the jurisdiction conferred by the B 11. This was strenuously opposed by the Opposition, who the Judges should be named in the Bill. Negotiations were opened up to effect a compromise, but they failed. The following report of the debate which followed will not be uninteresting to the people of Hawke’s Bay : Mr Ormond regretted that recent negotiations had resulted in failure. He explained that Mr Whitaker on one side and Mr Rees on the other side had agreed that four gentlemen—Messrs Stout, Swanson, Hesketh, and Whitaker-—should be -appointed a committee to select three persons who should try the cases, and the only question at issue was as to whether the Court of Appeal or the Privy Council : the one party choosing one and the other party the other. All other points were conceded. But the Government had, it was said, decided not to fall in with the arrangement, but would press the Bill, lie and others under those circumstances could not accept the Bill, which was extraordinary in that it took the matter out of the hands of the Supreme Court; in that the tribunal would be approved of bv the Government (two members of whom, Mr Sheehan and Mr Stout were now or had been connected with these cases on the part of the natives); and in that it dealt with two millions of money. It must also be remembered that the lion member for Auckland City East (Mr Rees) was in intimate connection with the Government. He should therefore oppose the Bill to the utmost, and hoped to hear what the intentions of the Government Mr Rees substantiated generally what Mr Ormond had related, and said he believed Government would yield everything except the privilege of appointing the judges. The Attorney - General thought if the Government were fit to appoint these judges they were not lit to appoint any judges, and if they abdicated this function, then they were not the proper persons to lie in office. The Native Minister,.although very anxious to get the matter settled, after due consideration took the same view, ti. t whatever interests were involved the Government could not depart from their duty. The Premier declined to discuss the matt.*r except in the House. He spoke at great length in respect to the importance of having the matter settled, and said he believed if this Bill were not passed public opinion would become so strong that a more adverse Bill to the Europeans would be passed. lie hoped the point would be yielded, because no Government would dare to appoint other than the best men to decide these great questions. The Hon. Mr Gisborne pointed out that this Bill proposed to give judges authority in matters of fact and law. Surely the litigants should have the knowledge of who the jury were to be. Perhaps the difficulty might be solved by naming the judges in the Bill. Mr Ormond had desired that, but undrrstood it was not entertained favorably, anti then the committee was suggested. Mr Montgomery thought the appointment by other persons than the .Government was out of the question. Nothing , could be more injurious to the interests of

justice. The Government was responsible, and this was one of" their highest functions. At the same time, if a jury could settle the matter then it should be done, hut if not, then the question arose how many judges were to be appointed. The apppointment of the judges must rest with the Government.

Captain Russell said the responsibility thrown upon himself and the hon. member for Clive was enormous when they were called upon to consent or to disagree with the proposal, more especially as owing to the fact of the non-distribution of the Bill in the district affected they had to evolve from their inner consciousness what were the wishes and aspirations of the people they represented. In reply to Mr Montgomery, he pointed out that Mr Justice Richmond was appointed a commissioner by the House to deal with these matters. It could not but be borne in mind that every member of the Ministry had condemned every transaction in land in Hawke’s Bay as unfair.

Sir George Grey had not done so. He believed many were fair, but that some were fraudulent.

Captain Russell said the fact could not be denied that it was frequently stated that Ministers had got their seats because of their condemnation of the land transactions of the late Government, and under those circumstances there was such strong suspicion of bias on the part of the Ministry that no one could have confidence in the appointments of the Ministry. He pointed out that when last year he attempted to get a commission appointed to go into these cases Sir George Grey protested against the closing of the courts of law. He expressed himself as anxious for a settlement, but was so dissatisfied with the proposal of the Government that he moved the discharge of the order for the committal of the Bill. The Hon. Mr Stout said he would not consent to the judge or judges being appointed by any one outside the Government. lie was quite willing that if either party desired, a jury should be appointed, lie was willing to allow the court to make its own rules, to make the lands of the natives liable to costs, and to make this court a final court for all claims, but the Government could not give up tiieir prerogative to appoint the judges. He declared that in the past professional duties had not interfered with his political Opinions, and neither would they do so in the future. Those who thought otherwise must have extraordinary ideas of%m At-torney-General’s mind, and might almost as well associate a lawyer we it crime because he had defended criminals. Mr McLean would be quite willing to give the Government the power to appoint any one of the present Supreme Court judges, and let them till up the vacancy by some other appointment. The fact of Mr Sheehan’s long connexion with the litigation of the natives could not be forgotten. Major Atkinson also expressed a great desire to see the matter settled, but thought it rather the function of the House than that of the Government to appoint this extraordinary tribunal to settle a dispute which was of national importance; therefore the arguments of the AttorneyGeneral were beside the case. lie was surprised that the Government should not desire to get out of the appointment, flying the well-known opinions of the Premier, and the'connexion of the Native Minister with the eases. It was a pity the Government did not take the House into their confidence and submit the name of the judge to the House, so as to prevent any after-talk, lie was opposed to the cases being sent to a jury, and hoped they would l»e decided on the principles of equity and good conscience.% Mr Miicfarlane took a similar view, and said ho would not mind if the AttorneyGeneral himself would take upon himself the responsibility of appointing a judge, hut the Governor-in-Council was a sort of irresponsible body. Mr Moss suggested that if appointments were made the judges would not be able to get to work before the House met next year, thus there would be an opportunity of reviewing any appointment. Mr Bowen desired that the debate should be adjourned, in the hope that some arrangement might be come to before next week. He moved accordingly. Mr Turnbull bad gathered from the At-tornev-General the other night that gentlemen out of the colony were to be , appointed. If that were so, it was impossible to name them in the Bill to-day or to-morrow, because they must first be communicated with, and their answers obtained. A division was taken on the question of the adjournment. The ayes were 14, the nocs 18. Motion for adjournment of the debate lost. The House then divided on Captain Russell’s amendment to read the Bill that day six mouths, which was rejected by 22 to 10. Oamaru Enterprise.—We notice that the people of Oamaru intend floating a company with a capital of £50,000, for the purpose of establishing a woollen factory in their town. The Capital of the Colony.—ln the course of a debate in the House of Representatives the other day, Major Atkinson said there was no doubt that Wellington had become a very large and important city, and was unquestionably the capital of the colony. A Tale of Indian Justice.—ln connexion with the Indian famine a painful case is reported from Bellary. A child aged seven years was convicted of murder. The judge stated that the tale was a sad one of want and misery in the house. The child’s little sister, the deceased, was at the point of death from the lack of nourishment, and the mother was prostrated by fever and unable to feed it. At last, distracted by its crying, the unfortunate woman suddenly put the child into the arms of the accused, who by the mother’s directions took it out and threw it into a well. The judge recommended a free pardon. It is only by recording these individual instances of suffering* when brought prominently forward, as in the present case, the terrible ordeal through which the people of Southern India have been, and still are passing, can be realised. It certainly rather perplexes ordinary understandings to conceive in this case how on the facts stated this poor infant could, under any possibility, have been convicted ; but the ways of Indian justice are often strangely inscrutable to the unitiated.