442
Matter relating to the draft reference to the Law Officers (L.O.) regarding the dispute over the Murray Bathing Beach.
The draft reference, which is enclosed, has been carefully considered. However, as the dispute will not be resolved unless the real meaning of the agreement is determined, which is distinctly a legal question, it is intended to submit the accompanying draft case to the L.O.
The draft case has been carefully prepared, and it is requested that it be furnished with another copy of the Grant and Appendix B, which formed an integral part of the agreement.
When the L.O. reply to the draft case, the Department will know for certain what their position and argument are.
I am to add that in the event of the L.O. being of opinion that the terms of the Mission agreement mean that the fee simple value of Murray Beach or Bathing Shore should be paid, there will be no alternative to revising the agreement, as the meaning of the thing originally intended is not what this step entails.
It is understood that the Envoy's consent of Departments was not given to such an arrangement, and the Reserve had in view something quite different.
Page 442
...
Gaugher case as it now stands.
B, and I am to ask that this may be furnished with another copy.
Copy of the Grant and Appendix B, which formed an integral part upon either under "akk" - 4.) Sam.
Rifm does no alteration to revising the agreement, as the meaning of the thing originally intended is not what this step entails.
Such an arrangement th Reseve had in view something quite different.
After re-examining the text and following the instructions:442
Matter relating to the draft reference to the Law Officers (L.O.) regarding the dispute over the Murray Bathing Beach.
The draft reference, which is enclosed, has been carefully considered. But as the dispute will not be resolved unless the real meaning of the agreement is determined, which is distinctly a legal question, it is intended to submit the accompanying draft case to the L.O.
The draft case has been carefully prepared by ... and I am to ask that this may be furnished with another copy of the Grant and Appendix B, which formed an integral part of the agreement under "akk".
When the L.O. reply to the draft case, the Department will know for certain what their position and argument are.
I am to add that in the event of the L.O. being of opinion that the terms of the Mission agreement mean that the fee simple value of Murray Beach or Bathing Shore should be paid, there will be no alternative to revising the agreement, as the meaning of the thing originally intended is not what this step entails. The Envoy's consent of Departments was not given to such an arrangement, and the Reserve had in view something quite different.
Page 442
rafty
442
Matter
p the draft refermen
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The scent ofth. L.O. being of
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