O. F. Nelson

Banishment Stands: Gaol Sentence Quashed

THE Full Court of New Zealand, on June 29, gave its decision in the ap peal of O. F. Nelson against the sentence of eight months’ imprisonment and ten years’ exile, for sedition, imposed upon him by the High Court of Western Samoa in March.

Each of the four judges gave a lengthy written judgment, which differed considerably one from the other. They were in complete agreement, however, in quashing the sentence so far as it im posed further imprisonment, but in up holding the sentence of ten years’ ban ishment from Samoa.

There Cannot Be Two Rulers

The following, from the judgment of Mr. Justice Herdman, appears to sum up the views of the learned Bench: “It would appear that Nelson is a man of great ability and of excellent private character, but he seems to cherish an in sane belief that he has been specially selected by Providence to champion the cause of his people in a struggle against

The Index of Volume IV. of “Pacific Islands Monthly ’ (Aug. 19 33-July, 1934, inclusive), is published on page 56 of this issue.

the authority of the mandatory, and to take action which he hopes may eventu ally secure Samoa for the Samoans. It is to be regretted that he has failed to recognise how futile such a struggle is.

“If New Zealand ceased to be the mandatory, some other authority would take her place and the successor might not be as ready as New Zealand is to treat disaffection and unlawful behaviour with forbearance and fairness. The sooner that Nelson and his Samoan friends realise that there must be order and obedience to the law in Samoa the better will it be for everyone concerned.

There cannot be two rulers in Samoa, the Administrator and Mr. Nelson. The re presentative of the mandatory and no one else must rule and while he is bound to rule with justice he must also rule with firmness.

“It is evident that strong action was necessary to put an end to dissension and disloyalty, and a previous experience through which appellant passed should have warned him that to recommence disloyal and disaffecting practices would end in prosecution and serious punish ment. Still the punishment of ostracism from his country, from his people, and from his business for ten years is a salu tary one and I think that the ends of justice will be quite well served if the sentence of banishment stands and the sentence of imprisonment with hard labor is cancelled.”

The auxiliary schooner Navanora sank off the main wharf at Rabaul, New Guinea, on the night of July 9, as she was leaving for Kavieng, as a result of the engine ex ploding. Eleven bags of mail were on board, including the Macdhui’s, from Aus tralia. Most of the bags were recovered, however, and although many parcels were damaged, the letters appeared to be in tact.