EXPORT OF BUTTER

Otago Witness, Issue 3270, 15 November 1916, Page 13

EXPORT OF BUTTER

VALIDITY OF ORDER-IN-COUNCIL

UPHELD BY SUPREME COURT,

WELLINGTON, November 8

Tho decision of the Supreme Court upholds tho validity of tho Order-in-Council purporting to regulate tho export of butter except under certain conditions. The Chief Justice dissented from tho judgment of Mr Justice Edwards and Air Justice Chapman. In tho course of his dissenting judgment tho Chief Justice said surely Parliament did not mean to abrogate the constitutional practice, and destroy the constitutional system regarding taxation. Ho disagreed with tho contention that the Governor-in-Council could delegate his power to the licensing authority. Such a thing would mean tho destruction of that liberty which our ancestors had won for us through many trials and tribulations. Finally, he considered the money raised by butter-fat tax was Crown money, and could only bo disposed of as Parliament decided. Mr Justice Edwards and Mr Justice Chapman ruled that the Order-in-Council was valid on all points, that tho charge was not a tax, and that the powers conferred on the Executive were fairly exercised.

flTaoM Oub Own Correspondent.) WELLINGTON, November 8

" I think the result is very satisfactory," said Mr MacDonald (Minister of Commerce) to-clay, referring to the court's decision. "It would have been unfortunate if the Order-in-Council had been held to be inValid, as this would have involved practically the total stoppage of all export until further arrangements could have been made, and, owing to the limited shipping accommodation available, wo don't want to miss a single steamer. I am very glad that export can now go on ahead as planned."