Appeal Upheld by Higher

Suva’S Mayoral Chain

Appeal Upheld by Higher Court

From Our Own Correspondent.

SUVA, Sept. 29.

THE farcical case concerning the dis posal of the Mayoral chain of the now defunct Suva Municipal Council seems to have been settled at last.

The three ex-Councillors (Messrs. J. T.

Johnson, J. A. Muir, and Dr. I. Hamilton Beattie) when they were ordered by the Acting-Chief Police Magistrate, Mr. A. J.

Armstrong, to pay the value of the chain and the costs of the prosecution, decided to appeal and took the matter to the Supreme Court.

There, before the Chief Justice (Mr. O.

C. K. Corrie), Mr. G. F. Grahame, counsel for the appellants, began by raising the point that the Magistrate did not have jurisdiction to try the case, as the ordin ance under which the prosecution was brought by the auditors, Messrs. W. R.

Main and A, E. Pearce, distinctly said that such prosecutions should be brought in the Supreme Court.

This point had been raised in the lower court, but there, the Magistrate had up held the view of the opposing counsel, Mr. R. A. Crompton, that the Court was that of a Commissioner of the Supreme Court, or the Supreme Court in its sum mary jurisdiction, and that as the amount involved was less than £5O, he had the power to try the case.

Before hearing Mr. Grahame further, His Honour said he would like to decide this point, as the whole case hinged on it.

He heard Mr. Crompton’s arguments, and then after an hour’s retirement, gave a considered judgment to the effect that the Magistrate did not have the jurisdic tion to try the case, and upheld the ap peal, giving costs against the respondents.

It is not known whether the auditors will now take proceedings in the Supreme Court, but local opinion seems to be that they will let the matter drop