LAW REPORTS.

Dominion, Volume 4, Issue 1240, 23 September 1911, Page 13

LAW REPORTS.

SUPREME COURT. MAORI tiAOLED FOR CONTEMPT. REFUSES TO OBEY ORDER, ANOTHER' INTERESTING CASE IN WHICH THE OPINION OF HEAVEN IS MENTIONED. Mr. Justice Edwards presided at tho Supreme Court civil sittings -yesterday. Beforo proceeding with the.ordinary civil list, liis Honour dealt with a further stage of the case of the Aotea District Maori Land Board v. Pauro Marino, of Kauana. Briefly, the facts were that on. June 28, tho Aotoa District Maori Land Board brought an action against Pauro for an injunction to prevent him from trespass* ing on the board's land. Judgment was then given in favour of the board, and defendant lodged notice of appeal. In the meantime ho asked for the stay of execution. ■ Mr. G. Hutchison, of Wanganui, then appeared for Pauro, and Mr. T. Neave for the Aotea District Maori Land Board. Mr. Neave raised opposition to the application on tho ground that dofendant was a trespasser, and was interfering with the farming operations of the board, and, further, that the board had offered accommodation for his stock on land nearby, and that no injury could result to the defendant if he were required to move stock for the time being. His Honour was of opinion that the application should be refused. Marino declined to obey the writ of injunction, and on September 8 tho board applied to the Court for leave to issue a writ of attachment against the defendant for disobedience of the writ of' injunction. An order was made by Mr. Justice Sim giving the board leave to issue a writ to bo addressed to the sheriffs at Wanganui and Rangitikei,.directing them to take possession of the body of Pauro Marino and bring him before the Supreme Court at Wellington. Some days ago Pauro appeared before their Honours Justices Edwards and Sim, at Wanganui, to ask that the writ be discharged, but the request was refused, and the Judges advised Pauro that he must meantime obey the order of the Court. As ho continued his he was yesterday, brought before the Court in custody of the sheriff at'Wanganui. The Solicitor-General (Mr. J. W. Salmond) appeared for ■ the Land Board, but Pauro was not represented by counsel. Through an interpreter, the prisoner (in answer to his Honour) stated that he would not- consent to leave the property or remove his'stock. Tho Soliciter-Gcneral applied for n committal. Pauro's action, ho stated, could only bo regarded as wilfully contnmaeious, and counsel asked that a lesson should be given to make it clear that Maoris could not defy a judgment of tho Court.' Ho suggested a substantial committal—say, thr<« months. His Honour observed that tho position had been fully explained to Pauro at Wanganui. Ho was talking of appealing. Solioitor-Goneral: Yes, I have been served with a notice this morning. His Honour: Of course, an appeal does not prevent the necessity of oneying an order of the Court.

Pauro then made remarks to the effect that, tho reason why he would not consent to go off tho land was because it constituted tho sole living for himself, his children, and his grandchildren, and was the only placc on which ho could place his stock. ' If they (those whom no had mentioned) left the locality, nothing was in front of them but starvation. Ono of his children was a cripple and anothsr was blind. He thought that the Court should consider these tilings. He was not condemning the law, but he complained of the way in . which the Land Board was treating him. The Government ordained that children had first to bo taught at school, and, when they left school, they woro to bo taught to till tho soil. How was ho to teach his childron to till the soil if ho had no land. 'The Solicitor-General explained that the land was being farmed by tho board in the interest of tho Native ownere, and 1000 acres had been set aside for the owners. Pauro had not been satisfied to go to this portion of the land, and would not even move to nra adjoining block, though the board had oiferctl to movo his stock. He had actually appropriated more laud than ho was entitled to. Pauro: There are 1800 owners. Will 1000 acres support 1000 owners? If the board will.givo mo a place to put my stock on, well and good. If not, then it were better to put me and my children in gaol, and let the' Government support ■ us and feed us. Continuing, Pauro made a statement that the Native Minister had promised that the property on which he resided should be kept separate from the block. He concluded by wishing the Court, tho lawyers, and everyone in the Court "good health." His Honour remarked that it had been explained at Wanganui that these mat ters had been adjudicated on, and that tho Court could not consider them now. Pauro could not be allowed to defy tho law. Ho_ would be committed to the common prison at Wellington for three months unless he should purge himself of the contempt.