AN ILLEGAL ACT.

Dominion, Volume 6, Issue 1704, 22 March 1913, Page 5

AN ILLEGAL ACT.

EVICTED' GOVERNOR-GENERAL,

THE COURT FINDS AGAINST

MINISTRY.

RIGHTS OF THE CROWN. • By Tclcgrapli-Prcss Aed Nation' -CopyTlglit (H-cc. March 21, 9.20 p.m.) Syiiney, March. 20. Tlio specially constiti uted equity tribunal liqs delivered its 'reserved judgment: in connection with tho , alleged eviction of the Governor-General fi rom Government, House, Sydney, which j;he State Goveniment had lent to. tlio E ederal authorities sinco tlio Federation. The Court found that tho Government of New South Wales wai > merely the custodian of Government House for tho Imperial authorities, and was not entitled to utilise the premises for lother tlmn tho purposes for which they had Iran originally set apart. The injunction. was granted with costs against tlio Govern, mcnt. Having regard to the relation, of tho Governor to the Crown, both as this executive liead of tlio Empire , and of New South Wales,', the Court \Vas of opinion that tho proprietary right i/} tho lands sol apart before the passing of tho Constitu tion.statute for tho purpose of tho Govei\nor's residence, did not—any u lore than the lands set apart for naval and military purposes—pass from the Imperial to thp New South Wales Goven nment, /Moreover, though tho land taight have been dispropriated from tlio pu rposo of a Governor's residence and app lied to a purely local purpose by tho' Executive, the Act had been done without legislation. This could not bo done by the Governor acting on tho solo advico of 'local Ministers, and much less by tln> Ministers themselves without his concurrence. By whatever means such a choiago in proprietary right might bo effo:tcd, there should be some evidcnco of '.tlio concurrence of the Imperial Government. THE MINISTRY'S-INTENTIONS. (Rsc. March 21, 5.5 p.m.) Sydney, March. 21. - The State Cabinet Trill consider .tho Court's decision regarding Government House on Tuesday. In tho meantimo it' will obtain legal opinion whether there are any grounds for appeal, to tho Privy Council. Should ail appeal not lie,, Mr.. Carmichael, Minister for Labour, indv. oated that tho building will probably yle again used as a. residence for tho Stf.to Governor.