THE SAMOAN ACT

Evening Post, Volume CIV, Issue 76, 27 September 1927, Page 11

THE SAMOAN ACT

VALIDITY QUESTIONED

CASE TOR FULL COURT

"When the Court" of Appeal was making fixtures to-day, Sir John Findlay, X.C.,' asked for permisison to mention two cases from Samoa, appeals from tho Samoan Court which convicted two 1

chiefs for, breaches of banishment or- „ der. Sir John said he was appealing against the Samoan Act of New Zealand of 1921. Mr. Justice Herdman asked whether the Court had jurisdiction. Sir John said that if the Samoan Act was ultra vires the Court might Uesiro to know whether it had jurisdiction to,discuss the appeals at all. Mr. Justice Sim remarked that what counsel wanted was a fixture to enable the cases to be discussed. What date did he ask for? Mr. A. Fair, X.C, Solicitor-General, said thoy were cases which it was desired should be heard .before the Full -Court.

Sir John said the argument on the constitutional question was difficult and elaborate, and went into the question of the validity of the Act under which the appeals were being made. 1^ r; 1 ; Ju. stic? Ostler: '■** you 'show that the Act is invalid.you destroy your own. case." ■ Sir John:, "That is the case. If tho Court takes the view that the legislation is ultra-vires the two chiefs in prison would be released." In answer to a question put by Mr Justice Beed, Sir John said that, very Shortly,- his point was that no- power had been, given to the Now Zealand Legislature by the Imperial Parliament. Mr.' Justice Adams remarked that ■counsel was inviting a decision that the Act was ultra vires, but he was riot suggesting that the Court had no power to decide that. - A fixture was made for 10th October.

The death occurred at-his residence last .Friday of Mr. Harry A. Standidge of "Fairfield," Waipawa. He was a well known and successful fanner in that district, but was better known as a sportsman and cricketer, and did much towards the advancement of cricket, both as a player and in coaching young players. He was educated at Thorndon' School and- later at Wellington College, and at the time of his death-was only a young man. His somewhat unexpected death will come as a great shock io his friends, / as, although his illness was somewhat protracted, it was not^ generally considered serious. Eo was - the younger son of the late Mr. John Charles Standidtru, of Wellington. fa '