Colonial Government has received no quid pro que from the
Military Authorities.
581
As an illustration of the position, I
may quote the case in which this Government has curtailed
building operations over areas leased to individuals. There is
no doubt that if such individuals built in defiance of the
restriction, the War Department would be helpless to prevent
such action and could not with any hope of success appeal to
the Law Courts on the matter.
7.
I also revert to the argument, which has
been placed before you on a previous occasion, that immediately
the Military Authorities express a readiness to exchange
Military Reserve Land for other land, they announce their
opinion that such land is no longer required for Military
Reserve Land, and admit that the concession or licence of
this Government is no longer of value to them. In such case
therefore, the Military Reserve Land, which always remained
vested in the Colonial Government, reverts automatically to
that Government freed from all restriction by the spontaneous
action of the Military Authorities.
But the Military Authorities base upon
their renunciation of what they are pleased to style 'rights'
a demand to be compensated, by the creation of Military
Reserve Lands or of War Department Lands elsewhere, for the
Military Reserve Lands which they have "released" from a
licence or concession conferred by this Government (which
received no consideration in the matter from the Military
Authorities), and clearly legally revocable by this Govern-
-ment
その
Colonial Goverment has received no quid pro que from the
Military Authorities.
581
As an illustration of the position, I
may quote the case in which this Goverment has curtailed
building operationsever areas leased to individuals. There is
ne doubt that if such individuals built in defiance of the
restriction, the War Department would be helpless to prevent
such action and could not with any hope of success appeal te
the Law Courts on the matter.
7.
I also revert to the argument, which has
been placed before you on a previous occasion, that immediate-
ly the Military Authorities express a readiness to exchange
Military Reserve Land for other land, they announce their
opinion that such land is no longer required for Military
Reserve Land, and admit that the concession or licence of
this Goverment is no longer of value to them. In such case
therefore, the Military Reserve Land, which always remained
vested in the Colonial Government, reverts automatically to
that Goverment freed from all restriction by the spontaneous
action of the Military Authorities.
But the Military Authorities base upon
their renunciation of what they are pleased to style 'rights'
a demand to be compensated, by the creation of Military
Reserve Lands or of War Department Lands elsewhere, for the
Military Reserve Lands which they have "released" from a
licence or concession conferred by this Government (which
received no consideration in the matter from the Military
Authorities), and clearly legally revocable by this Govern-
-ment
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