TANGLE IN TONGA.

Dominion, Volume 4, Issue 1227, 8 September 1911, Page 2

TANGLE IN TONGA.

TRADERS' LAWSUIT FAILS, CABINET ACTS AFTER WARDS. (By Telegraph.—Press Association.) Auckland, September 7. Tho High Commissioner's Court of the .Western Pacific was occupied, for six days at Tonga with an action on behalf of four thousand members of the Xativo Co-operative Association o.gainst tho British Consul, Mr. Tolfer Campbell, and two English officials of the Tongan Government, viz., Messrs. Roberts, Auditor. Goncral, and Humphreys, Government accountant. Counsel for plaintiffs alleged that tho notions of defendants indicated a dolibernto attempt to wreck the Co-operative Association, which was ndmiMwdly of benefit to its native members. The defonco was that what had been, done was according to the law of Tonga, nnd that an ordinance enacted this year made it illegal for natives to bring' tho action. The general defence of nil threo defendants was that they had not acted with a common purpese to wreck tho association. ■ , His Honour said ho failed to find anythin? to prove that Mr. Tclfcr Campbell in particular was tho prime mover in tho seizure of the association's business, and be dismissed the charge against tho Consul, j Evidence was given that tho defendants,' Roberts and Humphreys, .wow servants of tho Tongan Government, and what they did was the act of 'the State; that they acted under directions of the Premier, and tlio Government ratified all they had done. Counsel for plaintiffs rtntcd the liquidator's accounts showed it cost ,£3500 to pay .£ISOO (ten shillings in tho pound) in dividends. Ho submitted that even if defendants were acting under the Government they must justify their actions, under thn ordinary laws. His Honour declared, that as Roberts and Humphreys acted under Government authority no action could be maintained against tliem, and he could not inquire into tho propriety or otherwise of tho action taken against tho association. Plaintiff's counsel gave notice of appeal, and it was arranged that the application be heard in Fiji. The Auckland "Star's" correspondent say's tho decision of tho Court has had a profound effect on the native mind. Only the presence of a British warship in tho harbour and the earnest appeals of IIIOJO associated with tho case on behalf of tho association prevented a serious disturbance. Subsequent to the conclusion of tha case the trustees of the company applied to Chief Justice Skcen.for tho suspension, of tha ordinance passed to restrain snd control the formation of tlio.Native Association. His Honour held that such wcro in contravention of tho Constitution of To iv?a, and must be suspended till the Legislative Assembly meets next voar. The result was a requisition to the King to dismiss Chief Justice Skeen and tho Minister of Police. Tho King declined, stating that he would abide by tho Constitution of his country. . Next dav a Cabinet meeting discussed tho dismissal of the Chief Justice, lho Ministry was divided, and tho result was a deadlock. . ~, „ , Later, Mr. Roberts, tho Auditor-General and Assistant-Premier, was dismissed from office.