1.—14.

Noes] 3.—Mr Allen, Mr Buchanan, and Mr Massey So it was resolved in the affirmative, and the paragraph was retained. Paragraph (h) read and agreed to. Paragraph (i). Resolved, on the motion of Mr Graham, That paragraph (i) be amended by striking out the word " erroneous " in the fourth line. Paragraph (i) as amended agreed to. Finding read and agreed to. Report as amended agreed to. Resolved, on the motion of the Chairman, to proceed with allegation No. 3 The Chairman's draft report, with a statement of the evidence, and his finding as Chairman, reads as follows :— Second Charge. 4. The second charge against Mr Symes is as follows: " That the said Walter Symes, in or about the year 1906, and again in 1908, while a member of Parliament, charged and received from a number of West Coast lessees of Native lands commissions or sums of money for preparing and conducting petitions in Parliament on their behalf " 5. The same counsel appeared for the respective parties as on the first charge. 6. The evidence, so far as it is material, shows, — (a.) In 1905 Mr Symes was member for Patea in the House of Representatives, and ceased to be a member in 1908. (b.) In the session of 1905 he presented a petition to Parliament from the main body of the lessees of West Coast Native lands, praying for a refund from the Government of certain arbitration fees. (c.) These fees had been paid by the lessees in question under an abortive arbitration. (d.) The failure of this arbitration was due to certain regulations made by the Government having been declared invalid by the Court of Appeal. («.) On the 14th September, 1905, the Parliamentary Petitions Committee reported adversely upon the above-mentioned petition, and thereupon, upon the motion of Mr Symes, the report was referred back to the Committee for further consideration. (/ ) Upon reconsideration by the Committee, further evidence was adduced, and on the 12th October, 1905, the Committee reported the petition to Parliament for favourable consideration, and Parliament adopted this report. (g ) The Government thereupon placed upon the estimates a sum of £2,000 to provide for a refund of the arbitration fees which had been paid by the petitioners. (A.) That the recommendation of the Committee and the appropriation by Parliament in this matter were just and proper, as has not been disputed. (/'.) On the 3rd October, 1906, Mr Symes presented a petition to Parliament on behalf of Mr George Hutchison, one of the lessees in question, praying for a refund of the arbitration fees paid by him, amounting to £134 155., and also a sum of £125 for costs which he alleged he had incurred in litigating the question of the validity of the regulations in the Court of Appeal. (j.) On the 22nd October, 1906, the Public Petitions Committee reported this petition to the Government for favourable consideration, and that report was adopted by Parliament. (k.) On the 10th October, 1906, Mr Symes presented a petition by Mr F V Lysaght and three other lessees praying for a refund of the arbitration fees paid hj them, and upon this petition also a favourable report was adopted by Parliament. (I.) The reports and refunds made in connection with the last two mentioned petitions were just and proper, as has not been disputed. (m.) There was no arrangement, express or otherwise, between My Symes and all, or any, of the petitioners that he should receive any sum of money or other reward from the petitioners for presenting these petitions, or for promoting them before the Public Petitions Committee. (n.) After the recommendation of the Committee in favour of the petitioners had been adopted by Parliament, and after the Government had decided to make the refunds recommended, Mr Symes received from such of the petitioners as were not constituents of his a commission of 5 per cent, upon the amount of their respective refunds (such commissions amounting in all to a sum of about £100). Mr Symes stated that these commissions were received by him as a commission agent for the work of putting the claims of the petitioners in form and for obtaining and supplying the necessary proofs of payment of the arbitration fees, the refund of which was claimed by them. (o ) In connection with the petition of Mr Hutchison, Mr Symes was not requested to act in collecting the amount recommended by the Petitions Committee until the 3rd day of May, 1907, long subsequent to the recommendation of the Committee in favour of thii petition.

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