LORD DENMAN'S EVICTION.

Evening Star, Issue 15139, 22 March 1913, Page 5

LORD DENMAN'S EVICTION.

GOVERNMENT EAT HUMBLE PIE. IMAGINE AN APPEAL WILL HELP THEM. Press >ssociation—By Telegraph—Copyright. SYDNEY, March 20. The. specially-constituted equity tribunal have delivered their reserved' judgment in connection with the eviction of the Governor-General. The court found that the Government of New South Wales were merely the custodians of Government House for tho Imperial authorities, and wore not entitled to utilise the premises for other than the purposes for which they were originally set apart. Tho injunction asked for was granted; with costs against the Government. . Having regard to the relation of the Governor to the Crown, both as the executive bead of the Empire and of i\ew South Wales, the court were of opinion that the proprietary right in the lands set apart before the passing of tho constitution statute for the purpose of the Governor's residence did not, any more than lands set apart for naval or military purposes, pass from the Imperial authorities to the New South Wales Government. Moreover, though tho land might have been tlispropnated from the purpose of the Governor's residence and applied purely to a local purpose by an executive act without legislation this could not lie done by the Governor acting on the sole advice of his local Ministers, and much less by Ministers themselves without his concurrence. Bv whatever means such change in the proprietary right might be effected, there should be some evidence of the eonof the Imperial Government. I he Cabinet will consider the court's decision on Tuesday, and in the meantime will obtain a legal opinion as to whether there are anv grounds for an appeal to the Privy Council. Mr Carmichael indicated l that' should an appeal not lie the house would probably be again occupied as the residence of the State Governor.