CLAIM AGAINST GOVERNMENT.

Gisborne Times, Volume IX, Issue 885, 8 May 1903, Page 3

CLAIM AGAINST GOVERNMENT.

ACTION BY AN EX-STOCK INSPECTOR. (Per Press Association.) WELLINGTON, last night. Judgment was given this morning, in tiie case of Kerr, ex-stoelc inspector v the Crown, a claim to recover four years’ salary. The Chief Justice held that in law, whatever merits there might he in the case, Kei: was not entitled to succeed, on .the ground that if he had a contract with the Crown, it was broken more than twelve months before he gave notice. Judgment would he for the Crown with costs.

Later. The Chief Justice gave judgment tiiis morning in Hie petition of Donald Kerr, under the Crown Suits Act, to recover four years’ salary as stock inspector. IBs Honor said that rightly or wrongly, the suppliant was deprived of his office in June, 181)8 ; 'since that date he had done no work for the Crown, and lie had not been recognised as a servant of the Crown. lie accepted tiie surrender value of his policy under the Civil Service Insurance Act, thereby acquiescing in the fact that he had ceased to he a public servant. He also applied for reinstatement to his office. If he was wrongfully deprived of his office, that wrong was done in June, 1898, aud the claim which had been made in September, 1902, was too late, and suppliant must therefore fail in his suit. He could only sue on a breach of contract, and that bleach was committed in June, 1898. Ilis Honor added that he might point out that the Governor, and not necessarily the Governor J in-Council, could have removed the suppliant from olfice. He was of opinion, however, that the department could only have removed the suppliant from office by the Governor or Crovcnior-in-Gouucil so. Whether it was unusual to dismiss an officer whom a commission or board of enquiry did not recommend to be dismissed, His Honor did jiot know. It was clear that the Governor had power to remove from office ajiy inspector of stock.