CONFISCATED LUGGER

Evening Post, Volume CXXIV, Issue 14, 16 July 1937, Page 10

CONFISCATED LUGGER

RELEASE REFUSED

JAPANESE WILL APPEAL

THE POINTS AT ISSUE

(From "The Post's" Representative.) SYDNEY, July 8. The Administrator of the Northern Territory, Mr. Abbott, has refused to release the Japanese lugger Takachiho Maru No. 3, arrested by the patrol launch Larrakia in territorial waters a few weeks ago and confiscated subsequently by the authorities at Dai'win. Mr. J. I. Nakashiba, Japanese Agent at Darwin, said, when his application for release had been refused, that an appeal to the High Court of Australia was almost certain, and that the case would be fought to the Privy Council if necessary. Five documents were handed to the Administrator by Mr. Nakashiba. The points submitted in the principal memorandum, which was compiled with the advice of the Minister of Foreign Affairs in Japan, were:—There was an acute shortage of fresh water and firewood on board the vessel at the relevant time; the captain of the vessel endeavoured to procure supplies from other vessels without success; fresh water is necessary for the maintenance of life; firewood is also necessary for that purpose in the case of crews of such vessels as the Takachiho Maru; it would hardly be reasonable to suppose that the master of the vessel would, with a knowledge of the heavy penalties imposed by the Act, have dared to enter what are stated to have been territorial waters adjacent to aboriginal reserves, unless he had, upon full consideration, decided that that course was necessary for the protection of life. The memorandum asked that the Administrator should supply at his earliest convenience (1) a copy of the notice (if any) served on the master j of the vessel, and (2) a full inven- \ tory of goods on the vessel, showing which (if any) of them have been seized or forfeited. The Administrator announced that he did not consider the e^lanations submitted were sufficient to warrant Hie release of the vessel, and therefore it would not be returned to the owner. On the day after it had been arrested by the Larrakia, the lugger was sold to a rival company, according to advice received by Mr. Nakashiba. CONTROL OF THE KESERVATIONS. "No decision regarding an appeal to the Court will be made until the whole circumstances of the case have j been investigated," said the Japanese I Consul-General in Sydney (Mr. WakeImatsu). He added that all papers and a full report were on their way by air mail from Darwin. A test case, it is considered, will clarify the position regarding the inviolability of aboriginal reserves and the Commonwealth's powers of control. The Minister for the Interior (Mr. Paterson). who is now in Darwin, said: "One important aspect of watering bases is that only limited supplies of water are available, particularly at the 'dry' times of the year, and care has to be exercised to ensure that the natives suffer no shortage by reason of the large supplies obtained by Australian and Japanese pearling boats. I Permits given by . officers in charge will be limited (o the supply of surplus water over and above the needs of the aborigines. The patrol under | Captain Haultain lias acted very creditably, and with the strengthening of this service, it will be respected ! by ail who frequent and use northern j waters. Trespassing on aboriginal re- ! serves and the molestation of native j women can and will be stamped out, i and the patrol service will be made as ! strong as is necessary for that pur- 1 pose." :