A FAMOUS CASE.

Evening Post, Volume LXXV, Issue 122, 23 May 1908, Page 5

A FAMOUS CASE.

AND .STATE. WIRE-NETTING. / ITS REMOVAL WAS ILEEGAL. By Telegraph. — Preas Aqeoelitlan.— OopyriKlit. SYDNEY, 22nd May. The High Court— Sir Samuel Griffith (Chief Justice), Sij- Edmund Barton, and Justices O'Connor and Higgins — has given its decision in the famous wirenetting case, arising out of the seizure, in August last, by the authority of Mr. J. H. Carruthevs (then Premier), of a consignment of wire-netting imported by the State Government, without payings Customs duty thereon. The main question involved was, wfie~, ther the States aro liable under the Federal Customs Act to pay duty on g-aods they themselves import. The court unanimously found that the' -Customs Act applied to goods imported by tho Governments of the States, that the removal of the \wire-nettiiig was illegal, and that there was no defence tothis action. ' Counsel for the Commonwealth asked that only a minimum penalty be imposed. Judgment was entered for the plaintiff (the Commonwealth) for £5 and , costs.

Under the new tariff introduced by the Federal Government the 'duty on wire-netting was increased 30 per cent., but later was reduced to 10 per cent. When the amount of duty was originally announced the New Soaith Wales Go-" vernment- seized wire-netting which had been imported,, this despitefthe protests of the Federal authorities. Later the New South Wales Supreme Court decided that Customs dnes'could not be leviea on material imported by State Governments, and after considerable delay appeal was made to the Federal High Court, with the result stated above