THE OTEKAIKE MUDDLE.

Otago Witness, Issue 2817, 11 March 1908, Page 53

THE OTEKAIKE MUDDLE.

MOTIONS FOR INJUNCTION AND MANDAMUS. Yesterday the members of the Land Board were served, at the instance of Mr J. H. Hosking, X.C, acting for William Wilkie Mitohell and Hugh Campbell Wilkie M'Kellar, with notices of motion for an injunction and mandamus, the injunction to restrain the boa-rci from again opening 1 for public selection section 31a and run 280 (grouped), and section 30a and run 28b (grouped), Olelmike Settlement, and the mandamus to compel the issue of renewable leat-es of these areas to Messrs Mitchell and M"fe>llar respectively. It will be /ecollecled rhat the Land Board granted those leases to Messrs Mitchell and M'Kellar in forms of section 80 of the Hon. Mr M'Nab's Land Act of last session, which provides that leases may be granted by the board (with the approval of the Minister of Lands) without competition to any person who ha 3 been employed by the late owner on an estate acquired by the Government for at least five years immediately preceding its acquisition by the Crown, and who, by such acquisition, is deprived of his employment. Messrs Mitchell and M'Kellar did not reside on Otekaike Estate during the five years immediately preceding its acquisition, but the Land Board, evidently following the diotum of the Hon. Mr M'Nab as conveyed 'by him in a. letter to Mr J. A. Macphereon, M.P., to the effect that the employment need not neccrarily be on the estate acquired, granted renewable leases without competition to these two ex-employees. The board's decision was subsequently approved by the Minister of Lands and the Minister's approval, it is said, was communicated to Messrs Mitchell and M'Kell&r. Afterwards, as a result of public- agitation in Oam aru, the whole question of the legality of the grants was referred by the Prime Minister to the Solicitor-general for review, and Dr Fitohett oava it as his

f opinion that the employment must be oS£ the estate acquired. Tho Land Board thej^ held another meeting, examined - Messrfc Mitchell and M'Kellar on oath, and again ■decided to gram renewable leases to tnem k .but the Minister of Lands now adopted thrt Solicitor-general's interpretation of hU (Mr M'Nab's) ne.w Land Act, and withheld approval of the giant. The legal pro* ceedings now taken will, it is assumeu\ finally settle the question as to whether th« Minister of Lands was right or wrong in his original interpretation of the enact* ment when he stated that the employment may be elsewhere than on the estate a« quired. The motions for the injunction an<J mandamus are set down for hearing at th« Supreme Court on the 18th inst.