2LEGAL POSITION QUESTIONED.

Hawke's Bay Herald-Tribune, Issue 68, 7 April 1937, Page 4

2LEGAL POSITION QUESTIONED.

Wlxile on tbe subject of "^n^andated,, territories, it is of intereat fo note 4bestions raised by a lawyer correspondent of tbe Times as to tbe iegal position. "Has not tbe time arrived, ' ' be writes, "for some eleaf tbinking in tbis country to be done as to what is the true position of Great Britain and tbe Dominions, as also of tbe Allied Powers in tbe 1914-1918 war as regards Germany's former colonies? Most, if not all, of the questions with wbicb our Government bas been bombarded of late in tbe House of Commons and most of the agitation seem to proceed on tbe assumption that tbe territories under mandate to Great Britain and the Dominions have become tbe property of Great Britain or tbe Dominions. So far we have beard little or nothing as to tbe views of our Allies on tbe subject, and tbe unfortunate part of tbe business is tbat we must inevitably be looked upon by Germany as her sole opponents on tbis question. Tbis is unfortunate from tbe aspect of our relations with Germany. "It is rather an abstruse judicial questions in whom, preeisely, tbe present sovereignty of these colonies lies. Does it lie collectively in tbe victorious Allies wbo, conquered these colonies, under a specieB of selfdenying ordinance, as for in tbe interests of tbe natives of these colonies, or (as some jurists opine) is it vested in tbe native beneficiaries of tbe trust, or (laccording to the generally accepted authority of M. Bappard and Lord Lugard) is it vested iu tbe League of Nations, wbicb bas confided merely tbe administration of tbem t.o the respective

Mandatory Powers as quasi trustees — eitber for tbe League of Nations, or for tbe natives themselves? In any case it is not a matter wbicb tbis country or tbe Dominions cau decide alone, eitber as regards these colonies generally, or as regards tbose individually administered by them. That really would seem to be tbe simple answer to tbe questions in Parliament. Tbe sooner tbe inatter is bandled in tbe appropriate way tbe better, and tben we shall know wbat tbe opinions are of tbe appropriate countries and bodies and, wbat is of vital iniport, wbat support we would have for tbe real views of tbis country. At present we only know wbat certain parties, presumably represented by certain members of Parliament, tbink. " It certainly is a vital question to decido with wbom lies tbe real power to say wbether Germany's demands are to be complied with or not.