WRIT ISSUED

Hokitika Guardian, 17 January 1929, Page 3

WRIT ISSUED

CASE OF TAMASESE

AUTHORITIES’ ACTION CHALLENGED.

AUCKLAND. January 15

A writ of habeas corpus has been issued by Mr Hall Skelton, acting on behalf of Tamasese, the Samoan high chief who is undergoing a sentence of six months’ imprisonment in Mount Eden Gaol for failure to pay certain Samoan taxes. Tamasese had been sentenced in December and was deported to New Zealand to serve his sentence. The Registrar of the Supreme Court bad forwarded the writ to Mr Justice Herd man at Rotorua. If a prima facie case is made out the Judge will issue a rule nisi to the Superintendent of -Mount Eden Gaol to produce the body of Tamasese at a date therein fixed when the case will he argued. ■ The grounds of the writ are said t* be as follows: — That the Order-in-Couneil of May, 1020. giving legislative authority to Now Zealand to legislate lor Samoa only gave power to the extent that his Majesty possessed. That constitutional authorities state that the King in Council cannot delegate any power to New Zealand to alter or amend any constitutional laws in force in the British Commonwealth of Nations nor in Protectorates, ceded territories, Crown Colonies, or mandatories. That the King’s prerogative is completely hemmed in by the .constitutiona' enact incuts, Magna Charta, Bill of Rights, and Habeas Corpus. That the New Zealand Legislature, in attemping to repeal the Habeas Corpus Act by virtue of Section 210 of the Samoa Act. 1920, has usurped the power which his .Majesty’ through his Order-in-Couneil never gave it, and hence tho section is ultra vires and Tamasese* has been illegally depoited and imprisoned in Mount Eden Gaol. That even if Tamasese had been deported under and by virtue of the Colonial Prisoners Removal Act, 1860, which in his case he has not, then the essential conditions of that Act do not apply to his case, •namely (1) That Samoa has no prison; (21 that the climatic conditions of Samoa render it imperative, having regard to his health and life, that lie be removed to another Colonial gaol.