SMALL FARMS BILL

Ashburton Guardian, Volume 61, Issue 49, 7 December 1940, Page 3

SMALL FARMS BILL

THE ROYAL ASSENT GIVEN.

APPEAL TO GOVERNOR FAILS (Per Press Association). WELLINGTON, December 6. The following letter, signed by the Dominion secretary of tho New Zealand Farmers’ Union, was sent to the Governor-General (Viscount Galway), on Wednesday:—• “I am instructed by the Dominion executive of the New Zealand Farmers’ Union assembled in Wellington to-dfiy to to you a formal request that you withhold the Royal Assent from the measure known as the Small Farms Amendment Bill, recently passed by Parliament. The Farmers’ Union feels that the measure referred to should not become law, beciruse of the following grave objections to it:— “(1) The measure has aroused such a deep feeling amongst the farming community by the principle which it offends, that in the interests of national harmony and in,view of the undesirability of causing unrest among farmers at a time when all their energies should be devoted to that production which the Empire so urgently requires, we respectfully suggest the measure be postponed at least until the end of the war.

‘■(2) It is opposed to the principles of justice, which have been so long accepted, and worn by usage into the constitution of any British community. It is accepted that courts dealing with large amounts of money, claims, and with important principles, shall be subject to the control of the executive. The Prime Minister himself said in his closing speech, in the debate on the bill, that if any injustice occurred he would undertake to alter the method. We respectfully point out that it does not rest and should not rest with the executive or any member of it to decide whether a Court of justice is doing justice, especially when the Crown itself is party to all the proceedings before the Court. The importance of this principle cannot be over-empha-sised.

“(3) The second fundamental principle of British justice, which the act offends, is that no person shall be a judge in his own cause. This principle is equally as well worn into our constitution as the principle that courts shall not be subject to tbe control of an executive. It is also obvious that the Farmers’ Union is not alone in its objections to these departures from established judicial principles. “I cannot over-emphasise the grave view my organisation, which.represents the great majority of the farmers of New Zealand, takes of the violation of the principles referred to above. It is only because of the great disquiet caused in the minds of the farming community that we have taken this step of approaching you and asking that you withhold your signature to the measure.”

Official Reply, The following reply was received today from the Governor-General’s official secretary (Mr D. El. Fouhy):— “With reference to your letter of December 4, in which you conveyed a formal request from the Dominion executive of the New Zealand Farmers’ Union, that the Governor-General should withhold the Royal Assent from the measure known as the Small Farms Amendment Bill recently oassed by Parliament, I am, directed by his Excellency to, say that he has given the matter his most careful consideration and, discussed the question with his Prime Minister, but that, as the Bill has been passed by both Houses of the Legislature, and moreover, as the Governor-General is advised that no justification, can, be seen either from

the constitutional or any other point o’f View .jfor withholding th>3 Royal Assent, in this instance his Excellency regrets that lie is unable to accede to the wishes of your Dominion executive.”

In these days of rapid communications it seems hardly feasible that anyone in this country could be so far removed from civilisation as to forget the day of the week, let alone the month,' but such was the experience of one young shepherd from the back of Hawke’s Bay. The man concerned went out to the back of the station on which he is employed early in September. He worked from daylight to dark for some weeks and decided to come to Napier. Arriving in town on Monday of last week, he was surprised to fin’d business puemises closed, and it was only after he had accosted a policeman tliat lie learned of the King’s Birthday holiday.