The Gisborne Standard AND COOK COUNTY GAZETTE. Published every Tuesday, Thursday, and Saturday Morning. Tuesday, June 17, 1890. LET WISDOM GUIDE.

Gisborne Standard and Cook County Gazette, Volume IV, Issue 468, 17 June 1890, Page 2

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

Tuesday, June 17, 1890. LET WISDOM GUIDE.

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

We are now on the eve of another session of Parliament, and it seems certain that whatever else may be the outcome the question of native land matters will be revived. As the wellbeing of the North Island (and therefore in a comparative degree of the South Island) is so closely allied to this matter of native land titles, it is desirable that the utmost care should be exercised in dealing with the subject. Many new suggestions have been thrown out in political circles, and many old ideas have again received the consideration of our representatives in Parliament. The most notable of these proposals is that which advises the resumption of the Crown’s pre-emptive right. Wise men affirm that it would have been a good thing for the colony if that right had always been in force, but to fully renew it now would be to commit a blunder of the gravest nature. For the conviction of the unthinking mind a plausible case can be made out on paper, but anyone who has impartially studied the question knows that when put to the practical test absolute pre-emp-tion would be a costly failure, giving satisfaction to none but a host of harpies who would not hesitate in the perpetration of any mischief that would “ grease their palms ” and lengthen that period during which they might luxuriate at the expense of the taxpayers. In a district like the East Coast, where there are so many uncompleted transactions, pre-emption would only be a barrier to any genuine settlement. In districts where transactions have never taken place between Europeans and Maoris, such for instance as the upper Wanganui and the King Country, it is very desirable that the Crown should be advised to prevent any transactions except through the medium of Government. The East Coast is a district greatly affected by complicated titles, and where has been so much dealing, by leasing or selling, the resumption of the pre-emptive right would result in the most utter confusion.

What ought to be done is to appoint competent men as Commissioners—■ not men thrust forward by political intrigue, but those who have gained their knowledge by practical experience, and jwhosa integrity is unquestioned. These Commissioners should go through the East Coast district and select and set aside permanent reserves for the natives, those reserves being made absolutely inalienable against lease or sale, the balance of the land then to be thrown open to freetrade, so that it can be dealt with in the simplest manner possible. Of course if such a principle were adopted a simple law would require to be framed to prevent abuses, and in the framing of that law the advice of only able and experienced men should be obtained.

A few days ago Sir Robert Stout made himself supremely ridiculous in the eyes of those who know anything of the subject, by his comparing natives to children who had to deal with European adults; nor is Sir Robert alone in making such absurd comparisons. When prominent politicians thus prove their complete ignorance on an important subject, one is moved to compassion for them, and there is the inclination to regard them among the blissful innocents who mean so well, but are lacking in the knowledge necessary to put good intentions into effect. Still there is a hope that such men as Sir Robert Stout are always willing to learn, and we can inform them that they judge entirely wrong in these matters. If Sir Robert had bad one-tenth of the experience of some men in this district he would never have been weak enough to make such utterances. He would know that the natives are nearly all shrewder than the Emopean when in the Land Courts, and that no other aboriginals on the face Of the globe are so able to look after,; their uwa interests. He would

know that in examination in Court, males and females are quite able to meet the best lawyers, and very often get a big advantage over them. Few native men can be given a point in this respect, and the majority of the women are quite as clever, natives always making cool advocates, with their thoughts collected. Then regarding the Commissioners. We strongly advocated the appointment of a Commission last session, and the trouble that was taken in connection with the matter is deserving of a better reward than now appears to be awaiting it. In this district we have cases that have been standing over for years, and in regard to which there have been such delays as are a disgrace to any civilised country. An impression Jias now been created that the Commission will never work, and so far as we can judge we believe it never will work with the machinery that has been supplied for it; but the greatest blunder has been in the way things have been set about—in the appointing of those who would be shining lights in other spheres, but are not likely to be successful in their new offices. Take the first case that has come before the Commission—a plain, simple, straightforward case. Most of those competent to give an opinion on the matter thought two or three days would have cleared up everything, but they now find the thing is only landed in worse confusion than ever, and that the Commissioners do not seem to know where to begin. Had the case been such an one as the Poututu, we could imagine some difficulty at the outset, but with a simple case like the Tokomaru there should be no confusion or complications. There has been nothing known in the colony to equal the complications of the Poututu case ; yet this case was dealt with by a special Commission, and so far as we have been able to learn no case has gone so smoothly, and up to its present stage so satisfactorily, fully proving that the course we advocated for finally overcoming these difficulties is a wise and workable one—but we may add, only in the hands of suc(i a man as Judge Barton. He has shown that the principle can be well worked and that there is no reason why such a Commission should break down, if the right men are at the head of it. We of course admit that it is a very difficult thing to get a man fitted for the post of Commissioner—there are indeed few who have the special abilities required for such a position. It requires a lawyer of wide and varied experience, but a man who will rise above legal jargon and technical encumbrances, and whose main object will be to bring parties together whenever that is possible ; who, in case of obstinacy on the part of litigants, will have sufficient backbone and a sufficiently strict knowledge of the law, to let the obstinate ones have the benefit of that which they foolishly seek, and thus dissipate for ever the terrible mass of confusion that now clogs all progress. There is no doubt we have such a man in this district, and that he has proved himself an able lawyer, who has a thorough grasp of the question from the natives' side as well as from that of the Europeans, who has succeeded wonderfully in bringing parties together and evolving a satisfactory condition of things out of chaos. So far. as he has gone he has had no occasion to deal out strict law as distinct from equity, but no man could have worked harder to put things into as fair and clear a light as possible, and showing litigants how much better it is to arrive at an equitable settlement rather than blundering on into all kinds of law expenses ; and up to the present stage he has succeeded admirably, while if any stubbornness is shown in the latter portion of the case the obstinate litigants will probably have that strict law they hold out for. There seems to be no doubt that the Commission principle is the only means by which a great number of disputed titles will ever be settled, and even those who do not get all they think themselves entitled to are bound to acknowledge that will be greater gainers by the decision of an impartial Commission than if interminable law expenses and delays had to be put up with. We hope that Government and Parliament will give this matter their serious attention. His Honor Judge Edwards is required to take over Supreme Court work; more Land Court Judges are said to be required. Well we say let Judge Edwards take the Supreme Court work, a position in which he would no doubt give every satifaction; dismiss from our minds the projected farce of making more Land Court Judges for incompetent men to increase the present mess, and appoint Judge Barton a Commissioner. The working of the Poututu case shows that the Commission administered by competent hands is the cheapest and most effectual way of setting at rest difficulties which must otherwise give trouble for years. Judge Barton has so far given great satisfaction, and his early training and colonial and American experience have specially fitted him for the work. We say, let wisdom guide.