RELEASE SOUGHT.

Auckland Star, Volume LX, Issue 12, 15 January 1929, Page 5

RELEASE SOUGHT.

TAMASESE IN GAOL

HABEAS CORPUS WRIT.

GROUNDS OF THE APPLICATION

A writ of habeas corpus has been issued by Mr. Hall Skelton, acting on behalf of Taniaj<ese, the Sanioan high chief, who is undergoing a sentence oi six months' imprisonment in Mount Eden gaol for failure to pay certain Samoan taxes. Tamasese was sentenced in December, and deported to New Zealand to serve his sentence.

The Registrar of the Supreme Court has forwarded the writ to Mr. Justice Herdnian at Eotorua. If a pritna facie case is made out the judge will issue a rule nisi to the superintendent of Mount Eden gaol to produce the body of Tamasese at a date therein fixed when the case will bo argued. The grounds of the writ are said to be as follows:— That'the Order-in Council of May, ]!120, giving legislative authority to New Zealand to legislate for Samoa, only gave power to the extent that his Majesty possessed. That constitutional authorities state that the King in Council cannot delegate any power to New Zealand to alter or amend any constitutional laws in force in the British Commonwealth of nations. nor in protectorates, ceded territories, Crown colonies, or mandatories. That the King's prerogative is completely hemmed in by the constitutional enactments, Magna Cliarta, Billot Rights and Habeas Corpus. That the New Zealand Legislature, in attempting to repeal the Habeas Corpus, Act by virtue of section 210 of the Samoa Act, 1020, has usurped a power which His Majesty, through his Ordcr-in-Council, never gave it, and hence, the section is ultra vires and Tamasese has been illegally deported and imprisoned in Mount Eden gaol.

That even if Tamasese had been deported under ami l>v virtue of the Colonial Prisoners Removal Act, 1800, which, in his ease, he has not, then the essential conditions of that Act do not apply, to his case, viz.:—(1) That Samoa has no prison; (2) that, the climatic conditions of Samoa render it imperative, having rejrnrd to his health and life, that he he removed to another colonial gaol.