The Waikato Times AND THAMES VALLEY GAZETTE. SATURDAY, JULY 4, 1891.

Waikato Times, Volume XXXVII, Issue 2960, 4 July 1891, Page 2

The Waikato Times AND THAMES VALLEY GAZETTE.

SATURDAY, JULY 4, 1891.

liqual and exact justici: tf> all men, Of whatsoever state or persuasion, religious or politic al.

Tim exhaustive report prepared by tin; Commissioners, Messrs Hues, Carroll and Mackay, on the native land laws of the colony, is probably oho of the most interesting documents ever laid on the table of the House. The gentlemen selected as Commissioners have certainly had lengthy experience with the Maoris and personal knowledge of the difficulties and trials apparently inseparable from any dealings in native lands. Yet, after all, their investigation?, extending over a period of some months and made with the utmost care in all parts of the Island, the result by some curious fatality which seems to pursuo native affairs, is practically a disagreement upon the main issues, for of the two Commissioners who drew up the report, one of them (Mr Carroll) appends the_ following note: "Upon the question of the Crown resuming the right of preemption over lands owned by the Maoris, I dissent from the views expressed in the foregoing report. I cannot help feeling that such a step would be unwise and impolitic, while the legality itself of such a proceeding is, I believe, open to grave doubt." The third Commissioner, Mr Mackay (since dead) dissented so much from the report that he deemed it advisable to draw up an independent one himself. Such a result after patient investigation and research cannot be regarded otherwise than most unfortunate. If these Commissioners, experts, as they have a right to be considered, cannot come to something like a unanimous decision as to the best means to bo employed, in dealing with natiro lands, so as to secure justice for both races, how is it possible to legislate with any hopo of reaching the end in view ? unless the report bears too heavy an iaipress of the hand of Mr W. H. Bees, who, it is said, had this scheme cut and driod before hand. Some colour is certainly given to this charge by the protest of Mr Carroll on probably the most essential portion of the report, and the almost entire dissent on the part of Mr Mackay. It is at least remarkable that so much difference of opinion should exist between individuals dealing with and guided by the same evidence. Eegarding tho report now before the House, it will surprise no one

to learn, tliat tho Commissionors came to the conclusion, that for a quarter of a century the native land laws and courts have drifted from bad to worse. So complete has the confusion become, that lawyers of high standing and extensive practice, have testified on oath that if the Legislature had desired to create a state of hopeloss confusion in native land titles, it could not have hoped to have been more successful than it has been. Complaints by natives were universal, especially upon the following points in rogard to the native land courts:—(a) Delay; (b) expenses, fees and duties; (c) enforced attendance at the court at distant places, inducing poverty, demoralisation, concerted perjury, injustice, false claims, uncertainty, and ruinous losses; (d) re-hearing, and applications for prohibitions to the Supreme Court; (e) political, Government, and other interested influence which is brought to bear upon decisions and proceedings ; (f) the itinerant nature and non-local residence of judges ; (g) excessive cost of surveys, especially for sub-divisions; (h) insecurity of title, after adjudication. This is a pretty lengthy bill of indictment, but it will be generally endorsed. The Commissioners were told at nearly every meeting of natives that the Maoris had from time to time suffered serious injuries at the hands of the Government. They alleged that the Native Department and officers, especially of late, had interfered in many ways with the survey of lands, and the action and decision of the judges in the determination of titles and the sittings of the Courts. So far had this feeling been engendered in the minds of the natives as to cause large numbers of the in to distrust the Court. With regard to fresh legislation, the Commissioners advise the cstab» lishment of a Court, to bo called " The Native Lands Title Court," having both judicial and administrative powers and authority of arbitration in all cases, and which shall have power to give titles in every case, except those were fraud or irrogularity avo alleged ; such court to consist of three judg6s, to be appointed by Parliament—two to bo European and one o£ tho native race—all decisions of tho court to bo final, and to be carried into effect by the court. The further details of the proposed change and its cost to the country will be dealt with in a future issuo.