OLD AGE PENSIONS

Taranaki Daily News, Volume LI, Issue 277, 17 November 1908, Page 2

OLD AGE PENSIONS

AEE ALIENS ENTITLED TO THEM! AN INTERESTING POINT. By Telegraph.—Press Association. Christcliurch, Last Night. In reference to an application made by the Kaiapoi office of the Old Age Pensions Department to have the certificates of Austian Nudum, a Malay, and John Lohman, a Hindoo, cancelled on the ground that they were Asiatics ma therefore debarred by section 18 of the Amendment Act of 1008, Mr. V. G. Day, who liad reserved his decision three weeks ago, has now given judgment. In the course of his decision 11°, Day says that the only power conferred on Magistrates against the sdctbn is on the ground of proved misconduct or fraud. The two pensions iu question having been granted under the original Act were not and could not be affected by section 18 of the Amendment Act. The section, the Magistrate hold 3, is not retrospective, and in any case would only apply to the grant of and not to the renewal of a pension. These pensioners hud u vested right to renewal of their pensions which could only be taken away bv express enactment, hi any case lie would not cancel the pensions, even if he had power without giving pensioners an opportunity of bciii"' lieurd. JJ (I h,i,[ great doubt as to whether section 18 would lie taken to include the grant of pensions 'to some Asiatics unless they came within t!i.> description of Chinese and persons V.jnsileiu generis" of Chinese