IMPORTANT JUDGMENT.

Hokitika Guardian, 11 May 1923, Page 3

IMPORTANT JUDGMENT.

AUSTRALIAN AND N.Z. CABLE ASSOCIATION. LONDON, May 9. Art O’Brien's appeal for a writ oi habeas corpus was grained. The Appeal four; held the internment order was had. I n delivering judgment Justice Banks expre-sed the opinion that since the establishment ol the Irish Tree Stale, the Home Secretary could not properly make an order for internment of a person in the Free State. The order deprived the executive ol Eng-

land of the right to direct: the release of an interned person, while an interned person was deprived ol n particular lona of control provided by the regulations. No order could be made for internment in the I'ret* State, which would comply with the regulations. It would seem from the Home .Secretary’s answers in Parliament that la* was under the impression he had not lost control of internees, lmt according 10 O’Brien's affidavit he was now under control oi an official ol the Free State. Therefore the question could not he properly disposed ot unless a rule nisi was made absolute. He would give the Home Secretary an opportunity to make the position clear. Ho added it would not be out of place to observe that tlie practice of legislating by Order in Council was one which led to difficulties and dangers whereof the present case was an illustration.

Justices Kcrmtoii and Atkin eon eliiTed.

The Attorney General said the decision which was the reversal ol that given by the Divisional Court raised questions of grave import. It was therefore the intention of those Instructing him. to carry the appeal to ihe House of Lords. Justice Banks said the Court anticipated that this would be done. Application would be made Lo the Lords to expedite the hearing.