LAST HOPE FAILS

Evening Post, Volume CVI, Issue 51, 7 September 1928, Page 9

LAST HOPE FAILS

MR. 0. F. NELSON

DEPORTATION STANDS

FRUITLESS TRIP HOME

(From "The Post's" Representative.) LONDON, 24th July. Mr. 0. F. Nelson, who has been ordered to remain absent from Samoa for i five years, had a twofold object in coming to Europe. 'In the first place he wished to bring influence to bear upon the Mandates Commission at Geneva, and secondly ho wished to bring his case before the Judicial Committee of the Privy Council. The petition for special leave to appeal against his deportation was dismissed. The Hon. Eichard Stafford Cripps, K.C., and Mr. Lionel F. Ilenld were counsel for Mr. Nelson when the petition was laid before their Lordships. Among other tilings, the petition stated that the petitioner was a British subject by naturalisation, and had been sincu 1923 the senior elected member of the Legislative Council of the territory of Western Samoa, to which office ho was re-elected for a further period of three.- years on 30th November, 1926. That on 15th December, 1927, the Administrator of Western Samoa General Sir George S. Richardson) sorvjed a summons, in which it was stated that the latter had reason to believe that the petitioner was hindering thfov due administration and executive G/Overnment. It was also stated that ('Mr, Nelson was head of an organisation called Man, the purpose of which was to secure self-government, and by unlawful means to frustrate and render ineffective the functioning of the Administration of the Territory. The petition records the course of events to the final deportation order. There follow, tho terms of the Samoa Amendment Act 1027; the terms of-Ar-ticle 22 of the Treaty of Versailles, and the terms of the Order-in-Council. DEVELOPMENT OF THE MAXJ. A full statement is given regarding the development of tho .Jinn. It is said "that in November, 302G, a subcommittee of tho Citizens' Committee was formed, consisting entirely of Sa■nioans, for the purpose of examining the statements sent in by tho Samoans and formulating suggestions as to matters peculiar to tho/ Samoans as distinct from those common to the Europeans and Samoans. "That tho said sub-committee, without any instigation of assistance from youv petitioner or the other European members of the Citizens' Committee, rapidly developed and grew in, importance amongst the Samoans, and that those interested in its activities came to bo known as the 'Muu.' That the word Mail in Samoan means 'opinion,' and tho adoption of this term by the Samoans signified the holding of an unanimous opinion in favour of Administrative reforms, and that the Mau superseded the sub-committee and developed into a league of Samoans. "The objects of tho Mau were reduced into writing and approved by the Citizens' Committee on 19th March, 1927, and a document setting those out was sent by your petitioner, as chairjnan of the Citizens' Committee, to the Administrator on 23rd March, 1927." Then follow the objects of the Man. ' THE PETITIONER'S GROUNDS. It was submitted on behalf of the petitioner that the decision and order of ' the Administrator ought to be set aside upon the following two grounds: 1. That the Samoa Amendment Act 1927, which purports to confer upon the Administrator power to deport and exile British subjects, is null and void and of no effect as being ultra vires tho New Zealand Parliament. 2. That even if the Samoa (Amendment) Act 1927 is valid and of full force, the decision and order of the Administrator ought to be set aside because there was a grave miscarriage of justice in and about the making of the said order, and because the conduct of tho proceedings and the grounds for the decision of the Administrator were contrary to all established law . and the principles of natural justice. As regards the first reason it was submitted —(a) that the Parliament of New Zealand has no powers to make any laws for the territory of Samoa . save in accordance with the terms of the Ovder-in-Couneil which provides that the Parliament of New Zealand can only make such laws subject to and and in. accordance with the Treaty of Peace; (b) that the Treaty of Peace and the Mandate thereunder provide . that the Parliament of New Zealand shall legislate for the said territory as an integral part of New Zealand and not otherwise; (c) that by reason of the New Zealand Constitution Act 1852 (15 and 16 Vie, c. 72, S. 53) ana the Colonial Laws Validity Act 1865 (28 and 29 Vie, c. 63, S. 2), the said Parliament has not and never has had any power to enact any law for New Zealand which is repugnant to .law of England as existing at tho date of the said Acts; (d) that it is repugnant to the law of England that any British subject should be deported or exiled from ' England against his will; (c) that tho provisions of the Samoa Amendment Act, 1927, are repugnant to the provisions' of the Order in Council, the Mandate, and the Treaty of Peace, and are contrary to tho law of England as existing in tho year 1840 and now, and are therefore ultra vires tho New Zealand Parliament; (£) that if tho proceedings in this case before the Administrator were authorised by the Samoa Amendment Act, 1927, then the said Act is ultra vires the New Zealand Government, as it provides a form of procedure which is contrary to established law and natural justice, and is repugnant to the law of England and the statute 10, Car. Ie 10, which is in force in New Zealand. ADMINISTRATOR'S DECISION". As regards the second ground it. was submitted: — That there was no evidence before the Administrator that tho petitioner was preventing or hindering, the due performance of the Government of tho Dominion of New Zealand of its functions and duties or the due administration of the executive Government of the said territory as provided in section 2 of tho Samoa Amendment Act, 1927. That the decision of the Administrator was expressly stated by him as set out in paragraph 4 hereof to bo made upon the ground that the petitioner had failed to disprove the charge against him, and that it is contrary to the terms of the said section 2 and to all established law and the principles of natural justice that an accused person should be assumed guilty unless he can prove his innocence. That the Administrator failed to inform tho petitioner cither generally or at all of the matters which had induced his belief, and denied the petitioner any opportunity of hearing the case made against him or cross-exam-ining any witnesses or preparing any denial or explanation thereof contrary to the provisions of the said section 2 and all established law and principles of natural justice. Tho petition as it was filed contained three appendices—(l) the written statement of the petitioner in answer to the summons; (2) a transcript of tho hearing before the Administrator; and

(3) tho Samoa Act, 1921 (sections 4, 73, 81, 83, 88, 9(3, 97, 100, 102, 211, and 349). COUNSEL NOT CALLED. Counsel for the Government of New Zealand were not called upon. Tho Lord Chancellor said: "You have said all that can be said, Mr. Cripps. Their Lordships aro unable to grant leave of appeal." Mr. Jowitt said he appeared for the New Zealand Government. Under tho instructions of the Higji Commissioner he had come to oppose the appeal. He did not know whether it was a case for costs. I The Lord Chancellor: "I do hot think we can depart from tho usual practice." Mr. Jowitt: "As your Lordship pleases."

S. P. Andrew, Photo.