THE MURDER OF CAPTAIN MOLLER.

Samoa Times and South Sea Gazette, Volume 2, Issue 77, 26 April 1879, Page 3

THE MURDER OF CAPTAIN MOLLER.

The Fiji Times of the loth February in commenting upon the liberation of Kcnnell, after stating the case, and the outlines of the evidence taken at the Auckland Police Court, says:—

- Reference was made to the Imperial Statute which provides that her Majesty may, by order in Council, direct that the Civil, Criminal, ami Admiralty Jurisdiction over liiitii-h subjects within any islands and places in the l'aciiic Ocean, not being within her Majesty's dominions, nor within the jurisdiction of any civilised Power, shall be vested in, and may be exorcised by, the Court of any British colony designated in such order. lint here it appears, the ease broke down. The Judge had not been shewn, nor apparently in any way made aware, that any such Order in Council had been made, as is necessary to vesting the powers above-mentioned, or conferring jurisdiction to the Courts in Fiji. . . . The Order in Council referred to was dated l:jth August, 1N77, and, by proclamation under the hand of the Governor of Fiji, commenced and took effect from the 4th February, IS7\ rather more than twelve months back. It is tube supposed thai no long time will elapse before it will be discovered to whom this miscarriage of justice is to be charged. Xo Order in Council, such as that which has been published here, isonufined in its circulation or despatch merely to the colony which is to give effect thereto. Affecting, as it so closely does, the whole of the Australasian colonies and the islands with which they are in such frequent intercommunication ; and granting special powers with respect to treatment of offences which, for want of such an order, have for so long and so frequently gone unpunished—to the disastrous fate and untimely death of so many innocent and most worthy men—thoro can be little doubt that special directions were given that the fact of the Order in Council having been made, should be made known to those so thoroughly interested therein. That such neglect shall have been manifested us to have compelled the Judge to have come to the conclusion that he could not legally authorise the detention of the person accused, reflects so seriously, cither upon some individual or department, as at least to boar with it tlie consolatory assurance that so gross an error will not be likely to again occur. The Order in Council, while enacting that the Chief Justice of Fiji, anil every other Judge, for the time being, of the Supreme Court, shall be, by virtue of his office, a Judicial Commissioner for the Western Pacific, also provides that there shall be Deputies of the High Commissioner. These Deputies are to be members of the High Commissioner's Court, and may be authorised, by the terms of their appointment, to act for, and in respect of any district wherein the IlighConiinissioner's jurisdiction extends. The islands and places in the Western Pacific Ocean to which the Order extends are, as enumerated therein, those which have no recognised Government, and 'all other islands in the Western Pacific Ocean, not being within the limits of the colonies of Fiji, Queensland, or New .South Wales, aud not being within the jurisdiction of any civilised Power.' Neither Victoria, South Australia, New Zealand, nor Western Australia are specially mentioned in the Order. Hut as the whole or any pail of the jurisdiction and authority of the High Commissioner's Court may be exercised by a Deputy Commissioner, 'being authorised by the terms of his appointment to act for and in respect of that district or part,' and being within (he same, and as the appointment of those Deputy Commissioners is to l>e made, ' in the mime and on behalf of Hit Majesty, by the High Commissioner, by writing under his band and official seal,' it would almost seem as if, at least, a portion of the blame for this miscarriage of justice may bo traced to the fact that Sir Arthur Gordon has not deemed it necessary to exercise so much of the functions of High Commissioner as the Order allowed him, and.has therefore not made any appointments of Deputy Commissioners except in one or two places, such as Samoa and Tonga, where no other jurisdiction exists. It certainly appears as though the remedy were in his hands."