The news magazine of the South Pacific · since 1930

Pacific Islands Monthly, 14 October 1939Vol. X, No. 3

How Long Will N.G.

pp. 49-50 · Read in the full issue

Mandate Last?

System in Which War Was Never Provided For

IN some quarters, it is considered pos sible that, at any moment. Australia will denounce the Mandate under which she holds New Guinea, and form ally annex that Territory.

In the Australian Parliament, early in September, Mr. Blain asked: “As the League of Nations is not now able to hold an effective meeting, is it not de sirable in the interests of defence that Australia should take over the Mandated Territory of New Guinea?”

The Prime Minister gave a non-com mittal reply.

It is obvious that those who framed the Mandates plan for controlling ex- German territories through the League of Nations never contemplated anything so strange as* another war. There liter ally is nothing in the machinery of Man dated Territories administration to pro vide for war conditions.

Obviously, since the Empire is at war, the Territories held by the Empire coun tries under mandate —New Guinea and Western Samoa, in the Pacific—must also be in a state of war; but, when the time came, it was found that there was no effective way' of putting them into a con dition of war.

In the case of New Guinea, this was done, somewhat clumsily, by proclaiming, in New Guinea, through the official

gazette, certain measures which had been officially proclaimed in Australia. When some people expressed doubt about this procedure, it was pointed out that Article 2 of the Mandate says:— “The mandatory shall have full power of administration and legislation over the territory subject to the present man date as an integral portion of the Com monwealth of Australia, and may apply the laws of the Commonwealth of Aus tralia to the Territory, subject to such local modifications as circumstances may require.”

This is held to give sufficient power to Australia to apply war conditions to the Territory.

One effect of this interpretation is seen in the treatment of Germans. At first, the Administrator ordered them simply to report regularly. But, later, the known Nazis among them (about a score) were taken into custody and sent to Aus tralia for internment.

THIS constitutional position is not likely to be disturbed while the war lasts. Australia cannot annex New Guinea without consultation with Britain; and Britain is much too busy just now in Europe to be bothered about the Pacific Islands Mandates.

But possibility of war with Japan would alter the outlook. The Mandate forbids the military training of natives, or the establishment of fortifications, or military or naval bases, in any shape or form. Those things would become vitally necessary if Japan moved against the Allies —and, in that event, the removal of the Mandate, and annexation by Aus tralia, might be decided upon.

known in New Guinea as Custodian of Expropriated Property in connection with the last war, was appointed in Septem her, by the Australian Government, to be

So"" the Huier

coupte of years assocSecP with General Tom the Federal

Cormnlllee °which' selreled"a new

for New Guinea Monsieur Dartnell, Judge of the High Court of Appeal in New Caledonia, has returned to France.

Mr. Henry .1. Topal. a former resident of New Guinea, where he served for a time in the Medica Service, arrived in the Mandated Territory from Sydney in September to open an agency business in Rabaul for a number of Australian firms.