A.—4b.

Mr. Baxter.] Did you have anything to do with the of the regulations I—No. You say that the Legislative Council is unsatisfactory : what do you think ought to be done to make it satisfactory ?—I think that Natives should be put on the Council. The elected members have asked for this on several occasions. How many Natives do you think ought to be put on ? —I would like to see a majority of the elected members on the Council, but it is very doubtful if we could get that. I would also like to see three Natives on the Council. The Chairman.] Do I understand you to mean that you would like to see a majority of elected members, but, if not, that the minimum should be the same number as the official members ? —Yes. Mr. Baxter.] What is your reason for saying that you would like to have Natives on the Council ? —Firstly, because the Natives form about 95 per cent, of the community ; secondly, all the responsible Natives that I have spoken to on the matter seem to think they ought to be represented on the Council: and, thirdly, I understand that this has been asked for a couple of years by the Fono of Faipules, and I understand they were told that they would be allowed to legislate for themselves. You have lived in Fiji ? —Yes. Do you know whether they have Natives on the Council there I—Yes,1 —Yes, and for over twenty years. Who are on the Council there—that is, the official members —and there are the elected members ? The Chairman.] The witness does not know. Can. you prove, first, what the powers of Fiji Council are, and its constitution ?—I cannot tell you. There will be no difficulty in ascertaining it, Mr. Baxter. Mr. Baxter.] No, sir. (To witness :) Do you know whether there are other persons than Fijians on the Council ? —I understand that there is also one Indian. You say that there should be three Natives on the Council: that being the case, I would like to know whether you suggest they should be nominated members ? —No, elected. Who would do the electing of those members ?—I should say, the matais. What is a matai ? —He is the head of the family. Would you allow the matais to elect them, as head of the family ?—Yes, and that would be according to the Samoan system. I may say that the Samoan system is more democratic than the average person realizes. Would it be possible to ascertain how many matais there are on the list ?—The administrator must know, because they pay a tax. How do you propose that the matai should vote : would it be possible to get them to vote ?—Yes, certainly. In what way ? —I should suggest that these things would be put up first to all the responsible Natives to ascertain their opinion. There is, I suppose, more than one way of doing it. Ido not see any objection to following the same practice as the Europeans —that is, ballot-papers could be sent out, and after being filled in would be signed by the pulenu'u of the village or the Fa'amasino. You think the matter could be worked out in detail by whom ? —With the Natives who discuss the matter first. You have suggested a Council consisting of an equal number of officials and non - official members ?—Yes. Then, I conclude that if the officials voted one way and the non-official members voted another way the Administrator, who would be presiding, would have a casting-vote ? —Yes. Then you would have a measure brought in on the vote of the Administrator if he gave his casting-vote. It is possible that might arise. But supposing he does bring in a matter in face of their opposition, do you think there is any course which should be followed then ? —I think, when all the elected members vote against the Government, and if the casting-vote of the Administrator was in favour of the nominated members, then the matter should be submitted to the Minister of External Affairs. I believe that this is the procedure in Fiji. The Chairman.] We do not want to hear from you what the position is in operation in Fiji. Counsel can let the Commission know what the position is there. Mr. Baxter.] Very well, sir. (To witness :) Taking the Council as it now stands, is there any objection raised to the personnel ? I do not want to suggest anything against anybody personally. Do you think that the present method is right ? For instance, there is the Secretary to the Administration : do you think it is right that he should be on the Council ?—Yes. Then there is the Crown Solicitor ? —Yes. Then there is the Chief -fudge ? —I do not think he should be on. Why not ? —Because there are laws discussed and passed in the Council which might have to be considered by him later. He might have to give a decision on the very laws which he has discussed. You are referring to the matter in principle ?—There is nothing personal, except on principle. What officials do you think should be on it ? —I think the Treasurer should. Judge MacCormick.] Is he ?—Not now. It was changed. Mr. Meredith.] Are you responsible for this report [produced] on the Legislative Council ? — I did not bring that up. Who brought that up ? —Mr. Nelson. That means you do not know really what the position is in Fiji, but have accepted Mr. Nelson's statement to that effect ? —Yes. Do you know of any other mandated territory that is given such constitution as you suggest ? — I have not gone into the matter. Was that matter not gone into in the discussion with the committee ? —No ; we only took it on the way the Council works here.

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