650
have been quite sufficient compensation to be paid to the Claimants, and General Black, in awarding $13,000 in 1898, allowed sufficient, perhaps rather more than sufficient. This, of course, is althogether apart from the arguments of the learned Attorney General that the Claimants are entitled to no compensation whatever. I submit that, even taking my learned friend's (Mr. Calthrop's) view as to the principle of compensation, I have succeeded in establishing in fact that Major General Black's Award was sufficient to cover any damage by injurious affection or in- jurious depreciation which the Claimants could legally claim in respect of. I would also submit that it would be ultra vires for His Excellency to go outside the principles of the law as to compensation. I would submit that compensation must be paid on a legal principle, and that compensation should be paid on just the same basis as if His Excellency were a Judge sitting in Court.
THE ATTORNEY GENERAL :-Our submission in fact is that, upon the evidence brought forward by the Claimants, the Award of General Black is sufficient.
[His Excellency decided to proceed with the evidence--the documents for the Crown were then put in and the Crown witnesses cross-examined.]
Cross-examination of the Witnesses for the Crown.
First Witness-Mr. William Danby,
Mr. CALTHROP (cross-examining on behalf of the Claimants):-Mr. Danby, were you acting for the Government in these proceedings in 1899 ?
A-Yes. I think I have represented the Government in all these procedings.
Q-Have you seen Mr. Hooper's Report ?
A-I have not.
Q-Do you know that he values the gross rental at $10,800 in 1895?
A-No; I have not seen his papers.
Q-You value it in 1895 at rather over $10,000?
A-In 1895, no; I took the average of several years.
Q-It would have been more in 1895 ?
A-Yes; that was their record year.
Q-Then, taking the three years before 1895, say, 1892, 1893, 1894, and 1895, would not the gross rental be about $12,000 ?
A-I have not got my papers. [Leaves Court and returns with papers.] Yes. Q--In 1895 what do you consider would be a fair rental for a tenant to pay? A-I am not prepared to tell you.
Q-What would a tenant be prepared to pay in 1895 if he was going to let the Godowns?
A-I do not know.
Q-You say that the value of the property in 1895 was $143,157 ?
A-On the net annual income for 9 years. I take that as a proof of the value of the property.
Q--You have known this property for a great number of years, have you not?