IMPORTANT JUDGMENT

Dominion, Volume 12, Issue 45, 18 November 1918, Page 5

IMPORTANT JUDGMENT

■ : ■ I OWNERSHIP OF MANY MILLION | ACRES IN RHODESIA j Lord Sunnier, in th'e Privy Council, i delivered judgment recently m the ac- j tion to decide the ownership of forty or lifly million acres in liliodesia, known as • JjOljenjjulas Lands. There were four j claimants to the famous territory, the j Crown, tho Chartered Company, the ' White Settlers, through the Legislative ' Council of Southern Khodesia, and tho natives. I

With Lord Sumnor- were Lord Atkinson and Lord Dunedin. Lord Lorebunt and Lord Scotl-Dickson had eat during the bearing of argument. ■ "-, ■

Lord Suuiuer recalled how the Chartered Company came on the scene when a rush oi concession hunters endangered the order of the country. Mingrills had begun lo occupy attention in 1889,' and Lobengula musle a concession to a. German finacier of Johannesburg, who assigned it iind'lho British' Government bought it. Tho Government' scut a pioneer force to occupy Mashonokcd, and (hose who occupied were given, by proclamation the right to administer justice. No concession of lands was to l» recognised until approved in suoh, raodo as the High Commissioner might decide, and no grant by any chief iras to be recognised in any coact until the sanction, of Her Majesty's Secretory of State had been received.

Affer the white forces had fought three battles with the warlike Matnibele and Lobengula had died of fever or smallpox after his flight, there remained no monarchy, where before he had exorcised undisputed sovereignty. If there had been 1 conquest by the company's arms it was on behalf of the British Crown, and it remained with Her Majesty's Government to soy what was to be. done in the country. The company was in possession of unalienated lands. Theoretically it was possible to say the uiialienated lands did not belong to anybody, but that would bo unreal. All rested upon the grants to the company. In a sense, the Crown's , position was residuary. The Legislative Couiicil'e case was nnich the same as the Crown's. Subject to rights of tho original natives, as far as the right of the Crown went nothing had been shown the Privy Council to prevent the Crown when the company's tenure was determined,from disposing of the lands remaining in favour of any person or purpose as the Crown might be advised. Lord Simmer concluded: Their Lordships will humbly report to His Majesty that they affirm the first: par.igraph..of tho resolution passed on April 17, 1914, and deny the hird, aiid that as to the second they say that so long as the British South' Africa Company continues to administer South, Hhodesia under the Crown it is entitled to disposo of the unalienated lands in due course of administration and to apply Hip moneys or revenues derived therefrom itv duly reimbursing all proper outlays on administrative account; in the current or in pa=t years; and if its administration of SniiHtei'ii 'Rhodesia should be determined by the Crown then (ho right (o .look to the Crown to secure to ii (either out of the proceeds of further sales of the-lands by whomsoever made or if the Crown sho.iild grant away these lands or proceeds to others from public funds) the due reim"bursement of any outstanding balance of aggregated advances made by it for necessary and proper expenditure upon the administration of Southern Rhodesia. 'Ibis, jiofrevor, and the other rights already mentioned, do not veet. in them dominion or estate in, or title to, the saiil unalienated lands.

The effect of the judgment is that the j dominion remains in the Crown. The ■ Chartered Company will continue to ad- ; minister, and may be reimbursed in | financial matters. ■ j