SAMOAN DEPORTEES.

Auckland Star, Volume LX, Issue 10, 12 January 1929, Page 10

SAMOAN DEPORTEES.

DISMISSAL OF APPLICATION

MR. NELSON INTERVIEWED.

NEXT STAGE IN NEW ZEALAND.

Interviewed to-day at his office in Auckland, the Hon. O. F. Nelson declined to make any statement regarding the dismissal of the application made on his behalf at Apia, for the hearing of his case against Sir George Richardson, formerly Administrator of Samoa. Mr. Nelson said his case was in the hands of his legal advisers, and he could not offer any opinion at present. In December, 1927, Mr. Nelson, Mr. E. W. Gurr (editor of the "Samoan Guardian"), and Mr. A. G. Smyth (a prominent island trader) were summoned to appear before General Richardson to answer complaints that they were hindering the functions of the New Zealand Administration in Samoa. The decision was referred to New Zealand and the Governor-General-in-Council ordered Messrs. Nelson and Gurr to be deported for five years, and Mr. Smyth for two. Last July, after his return from Geneva to London, Mr. Nelson applied to the Privy Council for leave to appeal against the decision. The application was refused. Mr. Nelson was advised by his counsel to institute proceedings in the High Court of Samoa, on the ground that General Richardson's action was ultra vires, he not acting in a judicial capacity.

The decision of Acting Judge McCarthy means that the next stage in the case will take place in New Zealand and not in Samoa.