SAMOAN CASE

Feilding Star, Volume 11, Issue 4180, 1 March 1934, Page 6

SAMOAN CASE

LEGAL ARGUMENT ROWER OF ADMINISTRATOR INTERPRETING THE ACT (Aust. and N.Z. Cabin) Apia, February 27 Air Pleasants, advisory counsel for defendant, presented legal argument at the O. F. Nelson trial contending that the Samoan Seditious Organisation Regulations were ultra vires. Ho claimed that tbe Samoan Act of 1921 adequately provided for seditious offences, whereas the regulations, with the Administrator’s proclamation declaring the Mail a seditious organisation, conferred excessive powers, interfering with the liberty of the individual.

The Judge referred to the Seditious Organisation Regulations as directed at organisations rather than individuals, the Administrator being empowered to declare an organisation seditious if he was satisfied the contrary intention was not expressed or indicated. The Court was bound to assume that this power was exercised properly.