COAL AND A LEASE.

Dominion, Volume 6, Issue 1670, 10 February 1913, Page 5

COAL AND A LEASE.

THE SOUTHLAND SECTION-

STATEMENT BY PREMIER.

Some Opposition,, newspapers rcfusu to conour in tho declaration, of tho Crown law . officers .. that ' tho Government hog not given away its right to tho coal, upon a Southland lca«o-' in-pei'potuity section which, has recently been a! prominent subject of discussion., A local paper, in its issuo of Saturday last,, printed an opinion upon, the Southland land transaction obtained' from Mr. T. F. Martin, who takes o view of tho matter opposed to that of tho Crown 1 low officers. It was alleged that Mr.' Martin'e opinion is shared by of the highest legal authorities in Wellington." . ,

■ A6ked on Saturday whether he had anythingto 6ay about this development, the Hon.-W. F. Massey (Prime Minister) mode the following statement:—.

"The position is exactly os it ns, and any opinion suoh as that expressed this morning is of no consequence,, and does'' not affect tho case in tho slightest. ; I liavo every confidence in the professional, opinions expressed to mo, and in my own; j judgment. Tho law says that settlors holding land under leasc-in-pcrpetuity are ; entitled to tho fee-simple of tho land comprised in tho loase, and they are con-,.. 6equcntly not" entitled, loathe feo-simplo ' of what is not in tho lease; Tho section ~ of tho Act of IDO7, ;on whiok the former judgment was based.iis now repealed, and.' docs not affect tho'ilosition'in the'slight-'" est.' Some of the, (Opposition jouttiblb are clamouring that'the minerals should." be handed over to a Socialist, and be*'" hind him.to a.syndicate.'of,'speculate'™, ! ' I am not,going, to oblige thorn, ~1t,i(,, our duty to administer the.law-accord'.,., ing to tho spirit of the Act and the in, tention, of Government and Parliament,' and I am going, to d 0,50.• Jf, that doei.,,, not suit those who are interesting them:selves, then all'l'-.can say is', that,., tin;, Courts of! tho: country and tho Empirs are open to thorn,"

The judgment alluded to by tjio Prinu Minister is one quoted by Mr.'Martin in detailing his opinion.' It; is., tho r ■ judg-;, meat of Mr. Justice Chapman in- :,tlib; : case of the Commissioner of Crown I/nnd« versus Bennie, decided in 1909.