TAMASESE IN COURT

Sun (Auckland), Volume II, Issue 584, 9 February 1929, Page 13

TAMASESE IN COURT

HABEUS CORPUS INVOKED (Continued from Page 1.) His Honour: It is not for the Samoans. The League of Nations decides whether the mandate is being satisfactorily handled. In passing the Samoa Act. Mr. Meredith continued, the Dominion legislature had incorporated English law up to 1840, but expressly excluded any portion of that law which was contrary to the Samoa Act. If section 210 was contrary to Habeas Corpus then it was expressly provided for. His Honour remarked that he understood Mr. Skelton’s argument was that New Zealand had no power to wipe out a part of the English law. Did New Zealand consider Samoa a foreign country or an integral part of the Dominion? Counsel went on to say that the broad principles of Habeas Corpus were contained in the Samoa Act. His friend could not invoke one part and say the other was bad. if Habeas Corpus had been amended, and counsel did not admit it had been. New Zealand had full power to make the amendment. Habeas Corpus was like any other statute and could be subject to revision or repeal. In reply Mr. Skelton submitted the mandate was a badly drawn and an unfortunate document, leaving the door open to many interpretations. If the King had no power to alter a constitutional law how could he delegate a power to the New Zealand Legislature? His Honour announced, after listening to argument lasting over two hours, that he would reserve his decision. He hoped to deliver judgment on Tuesday. LEALOFI TAMASESE SPOKESMAN AND LEADER OF THE MAU 24-YEAR-OLD CHIEF Lealofi Tamasese, who is 24 years of age, is a grandson of King Tamasese, a former native ruler. The doings of the young chief became prominent some 12 months ago, when a naval force was landed and about 600 Mau followers placed under arrest. One of the last acts of the then Administrator, Sir George Richardso.n, was a parley with the imprisoned natives. It was then that Tamasese was appointed spokesman and leader of the Mau. An endeavour was made to arrive at an amicable settlement, but Tamasese declined any offer other than Home Rule for the Samoans. The conference therefore terminated abruptly. From then on the chief has directed the Mau and persisted in the disinclination’ to pay the poll-tax that ultimately led to his arrest. POLICE RESISTED The story of his arrest on November 27 by a strong body of Samoan military police was told in the High Court of Samoa when he appeared before Chief Judge Woodward, and was charged with contempt of court in failing to answer a summons for nonpayment of taxes, also with resisting the police, and with using words and actions calculated to intimidate them in the execution of their duty. On the first charge he was sentenced to six weeks’ imprisonment. For resisting arrest, a sentence of six months’ imprisonment was imposed, and the charge of intimidation was dismissed. Addressing Tamasese, Judge Woodward said: “Everything in extenuation . . . has been said by your counsel. No words of his can explain away that you resisted the police. A great point has been made in favour cf the fact that you made your people keep the peace after your arrest. 1 do not know that you would have done that had the police party been smaller than it was. You are a man of great intelligence and a very active brain. A point has also been made of the fact that you wanted to know why you were> being arrested. Ten days before this you received a letter from the Administrator warning, you that the attempt to arrest you would be renewed. . . . You are a high chief, and have set an example of resistance to the police. On his arrival by the same boat which brought Tamasese to Auckland (it was a coincidence). Judge Woodward said: : — “Tamasese was tried for resisting arrest and sentenced accordingly. The law provides that offenders sentenced to six months’ imprisonment or more may be required to serve their sentences in New Zealand. That is the case with Tamasese.” NOT POLITICAL PRISONER The decision to imprison Tamasese in New Zealand roused so much comment that an official announcement was made from Wellington shortly after the chief’s arrest. This was to the effect that the chief was in no sense a political prisoner. He had broken the law, had been tried in the ordinary way, and sentenced to imprisonment. Furthermore, his removal to New Zealand for the period of his sentence was in accordance with the law. In a letter to The Sun, Mr. O. F. Nelson, who a year ago was deported from Samoa with two others, questioned Wellington’s statement. He declared the chief’s arrest was indeed a political move, as both Tamasese’s offences emanated from the political stand taken by the Mau in its refusal to pay the poll-tax. The movement had as its slogan: “No taxation without representation,” said Mr. Nelson. Some 8,000 natives had refused to acknowledge the tax and Mr. Nelson contended that if Tamasese were imprisoned, all his followers should likewise go to gaol.