Page:History of Adelaide and vicinity.djvu/162

,36 AUELAIDK AND XICIXITY The Producers judiciary excited profound attention. Mr. Justice Boothln, in ;i case arising out of the Real I'roperly Act. decided that under the new Constitution Act there was no Court ol Ai)i)eal. He also expressed his doubts as to the validity of certain Acts passed by the local Legislature, because of their repugnance to the laws of Kngland, and absolutely decided in the Supreme Court against the validity of the Real Property and other Acts that had not then received the royal assent. These rulings rendered him generalK " obnoxious," and a heated controversy arose, which was frequently conducted not in the best taste. A Select Committee was a|>pointed by Parliament to e.xamine into and re[)ort on Judge Hoothby's decisions, but His Honor refused to appear before it. The powers of the judiciary were discussed with much heat at public meetings, in the Press, and in Parliament ; and finally a petition was sent to the Oueen, ])raying for the "amoval" of Mr. Hoothby from the Bench. In reply, instead of the Judge being reprimanded, the colonial Legislature was censured by the Imperial Government. The contentions continued for several years, and in 1866 a second address was forwarded to Her Majesty. The Secretary of Slate for the Colonies replied that ex parte statements were insufficient to secure the removal of a Judge. He further pointed out that either the local Government must deal with the case it.self or it must agree to have the (|uestion argued before the Judicial Committee of the Privy Council. Several charges were presented to Parliament against Mr. Boothby, who simply protested, but took no steps to defend himself. The local Parliament took u])on itself the " grave responsibility " of removing him from office, and the Judge at once declared his intention to appeal to the Judicial Committee of the Privy Council. Before he could take the necessary steps he died, on June 21, i86<S, principally from vexation and anxiety caused by these protracted and painful proceedings. Next to the Real Property Act, and the troubles which arose out of it, the questions that excited the most important controversy were immigration and " .squatters." The discussion on the former did not really end with the depression. In 1862, what was known as .Sutherland's Act was carried, and provided that "one-third of the proceeds arising from the sale of waste lands should be appropriated to immigration, another third to the construction of roads, bridges, and such-like work, and the remainder to public ])urposes ; or, in other words, to secure the expenditure of moneys arising from the .sale ol waste lands for those purposes for which they were originally set apart." In (Governor Daly's opinion, Sutherland's Act " recognised the sound principle that increase of population is necessary alike to occupying fresh country and to imparting additional value thereto." The .squatter difficulty was not of a few years' duration ; it continued to be a pregnant source of contention throughout a length(;ned period. The term "squatter" had come to be applied to occu])iers of Crown lands engaged in pastoral pursuits. Hitherto these colonists had paid a trifling rent, and some of them had amassed a large amount of capital ; but both public and Parliament apparently believed that the .State should receive additional revenue from this source. Mr. Goyder, the .Surveyor-General, was instructed to value the run.s, or estimate the rent that should be paid for them. His valuations were .so