THE PORIRUA TRUST CASE.

Otago Daily Times, Issue 12650, 30 April 1903, Page 4

THE PORIRUA TRUST CASE.

TO THE EDITOH. Sib, —I fully concur in all you say as to the honour, dignity, and learning of our judges who Fit on the Supreme and Appeal Court benohas* of Now Zealand; and as regards AJr Justice Williams in particular, I would'say lie occupies the loftiest position in tho affection* and.regard of the people both of this , district and the colony as a. whole—a position which is the result of a lifo spent amongst us in t'lio full glare of tho publio eye, .and is the reward of the scrupulous, thoughtful, learned, and conscientious manner .in which he has ever performed his judicial functions. And yet. Sir, I, for one, am thankful we havo a Privy Council.' I think it an excellent and necessary thing that wo should havo a .court of final appeal, entirely removed from the influences of (he colony, to give n final decision in such matters as tho Porima case.

I think we have nil pause to be thankful that the> trust of the Porirua School is not unset, and tho oidsr for the administration' .of tho trust property made by the Chief Justice and Mr Justice Edwards is to remain in force. Tho decision of the Privy Council strengthens the titles of all religious aud educational reserves in tho oolony.

There ie no use carping at the Privy Council. The miiin point in their judgment was that a general charitable intention had been disclosed and that tho trust should be carried out on'lines sis closely as possible to tlw original trusts; and their judgment would evidently have bani tho samo whether they had been intimately acquainted with all the mysterious details of the' Native land laws or not. My own feeling is that the Government did aot harshly in this case. They tried to "jump" the church's claim. Through fJieir Solicitor-general—who is not an independent counsel or a leader of tho ■bar, but, ake I ie only a salaried servant, holding his position at tho will of the Government of the. clay—they raised objections to the Church of England Trustees getting permission to alter slightly the trusts, and ma.de a bold attempt to have, tho land declarwl Crown land. Sir James Prcndorgant, Sir Robert Stout, and Mr .Justice Edwards uphold the church, whilo at a ekling of the Court of Appeal lite other members of the bench found far tho Crown, and reversed the Supreme Court's decision. I would not for an ini-tant have it said the Appeal 1 Court's decision was not an honourable and corwiontioue one. At tho same time I am glad it was upset. In thin country ivo all unconsciously look too much to the" Government to do everything for us. That is tho " genius" of New Zealand, as Mr Justice Edwards put it; and tho Court of Appeal must have been affecto<l by it when it said "We see great difficulty in holding that in such cireiimstances the court could of ought to interfere. . . . ' In the above circumstances it snoms more. appropriate that thn matter should be dealt with by the Legislature Ihan. by this court. This point, however, it is not necessary finally.to decide." It was this proposition wn>ch was so severely criticised by the Privy Council. I think it ia good for us all to find how this practice of relying on- Parliament find tho Government.in overv emergency, which undoubtedly reiens in Now Zealrnd; is ropmlpdbv our. fellow subjects in other parts of the Empire.. - . The- judges have the law

to administer,, and the Privy Council woll asks why ; should they suggest waiting for

the Legislature to deal with it.—l am, etc,,' Sigma.