The Gisborne Standard AND COOK COUNTY GAZETTE Published every Tuesday, Thursday, Saturday Morning Thursday, August 15, 1889. FIAT JUSTITIA.

Gisborne Standard and Cook County Gazette, Volume III, Issue 338, 15 August 1889, Page 2

The Gisborne Standard AND COOK COUNTY GAZETTE Published every Tuesday, Thursday, Saturday Morning

Thursday, August 15, 1889. FIAT JUSTITIA.

Be just and fear not; Let all the ends thou aim'st at be thy oountry’s, Thy God’s, and truth’s,

The course recently suggested by His Honor Judge Barton, for special legislation to be enacted, empowering Commissioners to be appointed, to settle finally all matters in dispute between the parties concerned in the ownership of the Poututu Blocks, is not altogether a novel one. Scarcely a session passes but efforts are made to remedy defects discovered in our Native Land Laws. Any attempt, however, to place upon the Statute Books a really workable measure is the signal for violent opposition. Whether the present session will prove an exception to the rule remains to be seen. Doubtless the kaleidoscopic character of the Native Land Acts will undergo another change by way of amendment and improvement — let us hope, improvement—for it is sorely needed, and there is ample room. The Government seem alive to the fact, but the exertion expended in retaining possession of the Ministerial benches, it is hoped, will not militate against their praiseworthy endeavors. In the particular instance relating to the Poututu Blocks, calling for special legislation in regard to Native lands—submitted by His Honor Judge Barton to the Government, —the case, in legal parlance, has been clearly stated. The Government are not called upon to bestow exhaustive thought upon the subject, nor (no doubt to the delight of the Colonial Treasurer) is any demand made upon the colony’s exchequer. The simple issue is, whether or not, the Legislature, in conformity with the recommendation of the presiding Judge, will confer by statute, the power necessary to settle for ever the long pending disputes between parties in connection with the Poututu Blocks. The case is a special one, — requires special treatment, and should be dealt with accordingly upon its merits. Viewed from any point whatsoever, it is difficult to determine upon what grounds the extra statutory power sought, should not be granted. We do not believe that the Government is indifferent to the requirements of this part of the colony—in fact, the contrary was clearly demonstrated a few months ago when their aid was invoked, and the Premier made a personal visit to the district. With such assurances before us, we look forward, sanguinely, to a special Act being passed, or an empowering clause inserted in one or the other of the Native Land Bills now before Parliament, removing the legal difficulties embarrassing the settlement of Poututu. No risk is incurred of imperilling the interests of the suitors before the Court. They, themselves, of their own free will, have handed over,unreservedly, all matters in dispute, to the final arbitrament of Judge Barton. All material for basing an award has been already supplied to the Court. A large amount of time has been involved in carrying out the enquiry to its present state of completeness. Parties have been mulcted in diurnal costs, and, to this extent the revenue has gained, As a Commissioner appointed, however, for a more extended duty, a few years ago, It so happened, that it came within Judge Barton's province to investigate Poututu matters. Ths ground work of an Intimate acquaintance with the intricacies of these lands, was thus laid. This, the parties before the Court fully recognise. They, as His Honor pointed out in his observations recently delivered, and published in our columns, have endeavored to surmount the difficulties, by appointing the Judge and Assessor, arbitrators, to settle all matters in difference between the parties. Therefore, it cannot be urged that an arbitrary proceeding is being imposed, by the Legislature, in passing the desired measure, or that a step is being taken, contrary, or prejudicial to the parties concerned. The present condition of things cannot be mads worse, while, without any inconvenience or cost, it can be largely improved. It 1? a standing eyesore to the district to have an extensive tract of valuable country, capable of being rendered

highly productive and contributing to our local exports, detained in Chancery. Should this state of things prevail ? Can a remedy be found ? Undoubtedly. Too many difficulties already stand in the way of opening up this fertile district, one of the finest—perhaps we should say the finest — in the whole of New Zealand. When opportunity presents itself of removing any of those impedimenta, it should not be disregarded. An opportunity presents itself now. The stigma that has so long blurred the land titles of the Bay should be removed—must be removed — before genuine progress can be expected. In the case of the particular blocks under notice, it will be surprising if the Government or Parliament itself should hesitate, or, through inertness, permit any obstacles to be thrown in the way of affording the statutory aid pointed out, as requisite, by His Honor Judge Barton. No misapprehension can exist as to His Honor’s views upon the subject. He asserts, unequivocally, " that the only means of doing effective justice between the parties, and leaving nothing open to future litigation, is to pass a short Act empowering him and bis assessor to settle every man’s rights and everyman’s liabilities.” Fiatjustitia, ruat ccelum. Will the highest tribunal in the land deny the remedy that it, and it alone, can grant, in order that “ effective justice ” may be done ? We trow not. Governments of bygone time are not altogether free from contributing their quota to the difficulties that are now thwarting the successful settlement of the East Coast, by earnest settlers, An opportunity is now offered of granting a small modicum of relief—truly a somewhat feeble reparation. Surely our legislators will not refuse to supply this ha’penny worth of bread to the intolerable deal of sack so lavishly bestowed ?