SYDNEY GOVERNMENT HOUSE

Otago Daily Times, Issue 15692, 26 February 1913, Page 5

SYDNEY GOVERNMENT HOUSE

EVICTION OF LORD DENMT.

CASE FOR THE DEFENCE. Press Association—By Telegraph—Copyright. • SYDNEY, February 25. (Received Feb. 25, at 10 p.m.), In tho Government House case to-day counsel for the Government contended that from'the time of Governor Phillip any land taken possession of in the name of the King belonged to the colony by virtue of any act of the Governor of that colony. Even before tho passing of the Constitution Act it would not have been competent for the King to take lands from a colony except through the Governor. Tho sovereignty of the lands in question and ■the proprietorial rights were vested in the Governor. If there bad been an infringement of the rights- of the Imperial Go. vernment tho matter would be one for negotiation, but not for litigation, He also claimed that the Governor, who was an Imperial officer, wa6 aware what the Ministers had done, and yet he did not disapprove of it. It was conceivable that if the acts of his Ministers infringed the Imperial rights he would have dismissed them. The Governor was responsible to tho King, and therefore the matter was eutside the jurisdiction of the court.