AH FOY CASE.

Waikato Times, Volume XXXVI, Issue 2915, 21 March 1891, Page 2

AH FOY CASE.

(l» KLKCi'MU I'KLECIIAi'H—COI'VKIUHT.) JjONdux, March IS. laiiid Ciiani ku.ou Halsuuky delivered judgment in the celebrated All Foy case to-day. Tbe Court considered that the sUtute.s ref-ul:itinpf the admission of the Chinese were intended to prevent the landing of 'Ui extensive number, and not merely td tax those whn doirotl to entar. Wli'ire the captain of a vessel shipped an excessive number there was no legal duty on the Collector of Customs to recoive payment tendered in reflect of such immigrants. Nn authority e.vistnd for giving aliens a right to uuter British territory. Their Lordships could not assent to the proposition that an alien who was refused entry could compel a legal decision involving delicate constitutional cjnn.stious affecting the rights of the Crown, Parliament, and colonies. The Court purposely refrained from expressing any opinion as to what right Victoria derived from the Crown under tlir Constitution. An allusion was then made to the late Mr Justice Kerferd's very able judgment iu the case. No costs allowed. March lit. Referring to the result of the Ah h'oy appeal case, tlw Times reniarkb that it would be a misfortuue if a snap judgment were to have the olfect of hampering the free natural growth of constitutional relations existing between England uud great autonomous colonies.