TE KOOTI AGAIN.

Gisborne Standard and Cook County Gazette, Volume III, Issue 423, 1 March 1890, Page 3

TE KOOTI AGAIN.

[WELLINGTON timbs.] By all sections of the community save one, Te Kooti is regarded as an unmitigated bore. The single exception to unanimity in respect of this view is to be found in the party representing “ Her Majesty's Opposition " in New Zealand, To these very worthy gentlemen, Te Kooti, so far from being a nuisance, is a veritable godsend. They have not made much out of his affairs hitherto, certainly, and had given it up as a bad job, but quite unexpectedly Mr Justice Conolly has played into their hands, as they think, and his Honor’s decision against the validity of Te Kooti’s being bound over to keep the peace has been greeted with a shout of joy and exultation. Their glee is duly enhanced by the further announcement that Te Kooti now imende to bring an action against the Government for false impionment. They do not trouble themselves to consider what damfig*. l Te Kooti can prove that ba eui-tair.ed through bel g saved from almost certain ill usage, if not from absolute lynching, at the hands of his old and heredi. tery foes. They prefer to believe that he will be able to prove damage, and to mulct the long-suffering taxpayer, but they hold firmly to the creed that the business would be cheap to the taxpayer at any price if only it might end in turning the Government out and putting themselvtg in. From a party viewpoint —and considering what the so-called political “ parties ” are in New Zealand—this may be all very well as a matter of tactics. Even from this standpoint, however, the Te Kootipbile attitude of the 11 party ” strikes us as singularly injudicious if only as revealing the poverty of resource which has to fall back on «uch a battlecry as that. We Care very little, however, for the so-called “ parties,” or party views. We prefer to look at the matter from the sole viewpoint of the public good, for which object alone laws are made and enforced.

Mr Justice Conolly holds that the action of the Government and of the Resident Magistrate at Opotiki was not in accordance with the letter of the law, although he admits Te Kooti’s arrest was “ a very wise measure.” We do not presume to question the learned Judge's reading of the law, but we take distinct exception to the reasoning on whieh (according to the report of the case) his decision was founded. His Honor said: 11 It was clear that Te Kooti never assembled Natives to disturb the public peace or to alarm her Majesty's subjects." Is it? Did he not? We do not know what evidence was placed before Mr Jus'ice Conolly, but the facts of the case are sufficiently notorious. Not only was Te Kooti’s approach to Gisborne with a large retinue a distinct menace to the public peace, but also it was morally certain-as certain as anything in Ibis world could be—that Te Kooti'e arrival meant a most serious breach of the peace, and probably bloodshed. We have never approved the lawless and turbulent conduct of the Poverty Bay settlers cn that occasion. Indeed, we condemned their bebpvjour in the strongest terms of tcensure. But the fact is undoubted tha intense excitement and irritation prevailed in that locality, among the Maoris as well as the Europeans, and that a disturbance was certain it Te Kooti were allowed to arrive with his umerous attendants. The Government might doubtless have kept within the letter of the law, even according to Mr Justice Conolly, had they waited until the rioting and bloodshed began and then arrested the culprits —or tried to do so, They deemed it preferable to save the country from that disaster by preventing ihe encounter. Can they justly be blamed for this ? But it may be said that Te Kooii was not bound 10 be aware of the hostile preparation for his reception. He was approaching in the exercise of his rights as a Briiish subject, and wa« not to know that he would meet wiih so warm a reception, or even it he did anticipate this he had a right to go on if be chose. But as it happens he did know this. He was warned more than nnce that it be persisted in advancing with so numerous a body of attendants a breach of the peace would be caused. He did persist, although warned that by doing so he would cause a breach of the peace. He insisted on retaining so large a number of followers as to ba a source of well-grounded alarm to the Queen’s subjects. It was only then, when no other course was available to avert the deplorable disturbance which else bad become inevitable, that the Government, acting under the advice and with tbe concurrence of the law officers, arrested Te Kooti and had him bound over to keep the peace. If Mr Justice Conolly'. judgment is based upon the impression that Te Kooti did not knowjngly endanger the peace by his proceedings, (hen we shy plainly that it is founded upon a grave arid obvious error as to fact. Te Kooti’s action was a moat serious menace to the peace : he was explicitly warned that such wai the case; yet ha persisted.

It is a little strange, and slightly inconsistent, that some who blame tbe Government for adopting this preventive course, also blame them for not noting at an earlier stage and preventing Te Kooti from starting on his ill omened journey to GUboriie. Apparently they forgot that this wbuld have been grossly and manifestly illegal. Ministers had no warrant for stopping hisp at the outlet of a lawful and peaceable journey. It was only when he surrounded himself with a formidable array of attendants, and whoa bis advance in a triumphal and menacing proceeslon had become an imminent danger tp public peace that tbe Government J;i4arfered, In this course they were supported by the sdvfoe of their law officers; in the other loetance they were fcarned by their legal advisers that the step would be unlawful. Circumstances alter cases. No one imagines that all the action of the Government in regard to To Whiti anfi hie followers was strlptly jvithln the four corners .of xtitute law. - Bdt ft wa» necessary for thd public good, and so the letter of the law w4. broken in order that its true spirit might be observed. So it wqs in the ossa pf Te Kooti, if there really were any. Illegality, which the law officers do not admit. We contend that the reasons given by Mr Justice Conolly do not warrant his decision. But even were the case otherwise—there is a " higher law” yet, and that is expressed in the wall known aphorism 1 “Salw populi ivpi tma ut Im."