OTEKAIKE APPEAL CASE.

Gisborne Times, Volume XXVI, Issue 2161, 9 April 1908, Page 1

OTEKAIKE APPEAL CASE.

MR IIOSKING NAILS HIS COLORS TO THE MAST. (Special to Times.) WELLINGTON, April S. Considerable interest is being taken in Hio Otekai'ke cases, the hearing of which was commenced to-day. At the outset, in a brief statement of facts, ilr. Husking, for plaintiffs, stated that both his clients had been in tlie employ of Robert Campbell and Sons for moro than five years. Ho

admitted that they had not boon in Employment on tho Otekaike estate for dive years. Ho submitted, however, that they had lost their employment in consequent of tho acquisition of the estates. Mitchell had been employed on a subordinate estate called “The Plains” Estate. ; Tho Attorney-General; Mitchell was never on the estate. Mr. Hosking: No; that is quite admitted. He bail been for 11 years on “The Plains” estate. Mr. Justice Chapman: And the other mail was at the time employed upon the estalo? Air. Hosking: Ales. Tho Attorney-General said that the question could bo limited to the qualifications of the applicants under Section 80 of tho Act of 1900. He would agree to waive all other contentions. Air Hosking said his contention was that the Appeal Court could not inquire into tlie qualifications. That was a question of Act and law that had to be decided by tlie Land Board. Air Justico Williams: Are these men .admitting tho fact that they were deprived of their employment either directly or undiroctly within section 80, or are they not ? That surely is a matter of law, and how can tho decision of the Land Board bo conelusive in regard to that? Air. Hosking replied that if the Land Board, having certain facts before them, decided in favor of tho that the Minister gave Ins consent, that was all that was required. Air. Justice Williams suggested that the Minister could not give an approval that tho law did not allow him to give. Air. Hosking: The Land Board came to the conclusion that these men had lost their occupation by the acquisition of the estate. The Land Board having come to a decision upon tho facts, and the Minister upon these facts having given his approval, then tho matter is at. an end. The Land Board, by Act of Parliament, is made tho judicial tribunal in this matter. 'i’ho Attorney-General said that if Air. Hosking succeeded in establishing the proposition ho had now raised, viz., that the Court could not inquire into the qualifications then he (tho Attorney-General) proposed to rely on two other technical grounds. The question of narrowing tho points at issuo having been,raised, tlio Court- adjourned to enablo Air. Hosking to fully consider the question. On resuming after tho adjournment, Air. Hosking intimated that ho had proposed to argue the case in all its bearings. Ho would go down with all liis guns oil board. Air. Justice Denniston: No doubt you think that is an alternative to going down. .... Mr. Hosking: To uso an historical expression that has been much quoted in connection with this Bill, I am “nailing my colours to the mast.” Perhaps I may come in with them half-mast. During tho course of Ins argument, Air. Hosking, addressing himself to the question of whether or no employment on the estate was requisite, held that it was not requisite to enablo an employee to qualify under section 80. Mr. Justice Edwards: Not on any estate?

Air. Hosking: Nci. Air. Justice Denniston: It might bo a man’s valet. Air. Hosking: Quite so. • Air. Justice Williams: The clause applies to females as well. A housemaid employed at Otekaike might come within the section. Mr. Justico Edwards: A housemaid of five years standing(laughter). The Attorney-General said ho would contend that an applicant under section 80 must have been employed on tho estate on in employment connected with tho estate, whether upon it or not.

Air. Justice-Chapman: Do you say that anyone employed on the estato fulfils the conditions?

The Attorney-General: Yes. Mr. Justice Chapman: Then Air. Justice Denniston’s contention as to a vale': would apply if ho were on tlio estate.

The Attorney-General: Oh, I don’t know about that.

Alr. Hosking then proceeded to argue tlie case from its legal aspect, and had not concluded when the Court rose.

Section 80 of the Land Act of last session, which had come into such prominence in connection with tlio case reads as follows:—“Before any land acquired under tlie principal Act is opened for public selection, tho Board may, with the approval of tho Alinister, grant a ronowable lease of any allotment thereof, without competition. to any person who lias been employed by the late owner thereof for at least 5 years immediately proceeding its acquisition, if deprived of his employment-, at .a rental to bo determined by the Board, being £4 10s per cent., of the actual value of the land as fixed by the Minister in accordance with section 51 of the principal Act, provided that such person shall make the necessary declaration and otherwise comply with the conditions required to be performed by an applicant for Crown Lands.”