HABEAS CORPUS

Evening Post, Volume CVII, Issue 32, 9 February 1929, Page 11

HABEAS CORPUS

CASE OF TAMASESE

DECISION RESERVED

(By Telegraph.—Press Association.)

AUCKLAND, This Day. Tamasese, the Samoan chief, was brought before the Supreme Court this morning under a writ af habeus corpus served .on the gaoler. Tamasese had served' part of a term 'of six months' imprisonment for failure to pay taxes.. ... ■'

Mi-. A. Hall -Skelton supported the application, and Mr.- V. ~R. Meredith, Crown Prosecutor, and Mr. Hubble opposed it. ' • .

AH of the morning was taken up with points of law. .

Mr. justice Blair said he was asked to adjudicate on certain documents, none, of which he .had seen. There were various points of view. There was really no material before the Court, and such an had been presented was of such a scrappy nature that he was faced with considerable difficulty. ' '

Mr. Skclton said that tho case was unique in constitutional ' procedure in the British Empire. He questioned whether, the New Zealand Legislature had power •to act -at .all. "Wo think," he added, :/.'Tamasese .has been-, sent to this country to give him an extra dose of.punishment among strange people, and. strange surroundings. .

Mr. Meredith endeavoured to establish that the New .Zealand Government had full and complete powers to establish in;. Samoa- any law they liked. He contended that Samoa Was. really a part of Now Zealand, and consequently, that Tarnaseso was not actually deported. overs.es when : he. was ■ sent to_ New Zealand. -The. mandate gave New Zealand full powers to 1 carry out or make any.laws they liked. ? !^ His Honour reserved his decision till Tuesday. '