The Ward-Chapman Scamlal.

Bruce Herald, Volume VII, Issue 617, 24 July 1874, Page 3

The Ward-Chapman Scamlal.

(Specially reported for the Brcce Herald.) Wellington, July 15. Id the House to- day, Mr J. L. Gillies moved, That a Committee be appointed to inquire into questions arising out of the charges contained in certain telegrams and correspondence between Judge Ward and the Premier, laid upon the table of this House; and further, to inquire into complaints that have been made or may be made in regard to the publication in the 1 Otago Daily Times,' of 22nd May last, of what professed to be copie3 of telegrams from Judge Ward to the Honourable Mr Vogel ; with power to call for persons, papers, and records ; to report within fourteen days; and that four of ihe Committee be a quorum. The Committee to consist of the Hon. Mr O'Rorke, the Hon. Mr Fox, Mr Richmond, Major Atkinson, Mr Sheehan, Mr Brandon, Mr T. B. Gillies, Mr Stndholme, Mr Wales, and the Mover. Mr Vogel said the charges were of such a vague character that it was not necessary to institute a formal inquiry. If any hon. member of the House had been in the same position as the Ministry he would not have deemed it necessary to send down another Judge on such vague charges. The Government saw no grounds for inquiry, and they were of opinion that the matter had better rest, where it was. There were no new facts in the alleged family relations between Judge Chapman and the plaintiff in the case of Macassey versus Bell. In every case where a telegram had been shown to half-a-dozen people, and secretaries had perused it, so that its contents had leaked out, if the Telegraph Department were to be called upon to defend itself that Department had better be abolished altogether. Telegrams on the subject of the Ward-Chapman scandal were sent to ail the Ministers, secretaries had seen it, and it might have leaked out from half-a-dozen sources. With regard to the second portion of the motion he did not 'hink it prudent to interfere with the liberty of the Press. It would only be justifiable in very few cases to call upon newspapers to shew where they obtained certain information. In order to ascertain where the ' Otago Daily Times' obtained the Ward telegrams it would be necessary to summon the editor, and if he refused to attend and answer questions to inflict the penalty of contempt upon him. Judge Ward had not dealt with the matter in his official capacity. It would be inadvisable to go further into the matter between the two Judges or to seek to lay pressure upon the Press, which would introduce a precedent lor interference with the sanctity of the editorial columns. Mr Luckie opposed the motion, and said in any case where the House and the Press were opposed on a question in which the liberty ol the Press was involved, the I House would assuredly get the worst of I it. Major Atkinson said he was astonished at the speech of the hon. the Premier. It would be far better that all telegrams in the case should have been produced, than that the House should be led away from the main point, the administration of justice in this Colony. He was astonished to hear that one officer in the public service could in his private capacity make a grave charge against another officer nlso in the public service as a citizen. But it was clear that the telegrams sent by Judge Ward to the Government were forwarded in his official capacity. The signature appended was "C. D. R. Ward, D.J." Either the charge was true or Judge Ward should be compelled to retire from ihe public service, and the Government on receipt of the telegrams should have immediately appointed some high official to inquire into the accusations. There could be no question, on perusing the papers laid on the table, that either the accused or the accuser should be compelled to retire from the public service. Judge Ward must have known exactly what he was doing, and must have thoroughly understood the gravity of the charges he had preferred. Judge Ward accused Judge Chapman of gross partiality, and he (Major Atkinson) could not find words to express his astonishment that any Ministry could advise the House to let such a matter be buried in oblivion. After the declaration from the Premier, there was no alternative but to appoint a Select Committee. The conclusion in the minds of the hon. members would be, that the charges against Judge Chapman were true, but that the Government wss not inclined to consent to an inquiry. Mr Vogel said it was a question bow far the House had power to interfere with Judges. Ministers could only do so in the very graveßt extremity. Major Atkinson said the House could easily get over that difficulty by passing 1 a speei&l Act foe the appointment of a Oom-

mittee of luquiry. For the proper administration of justice the Government would be even justified in bringing into the Colony somo high authority, who would be removed from suspicion, to inquire into the matter. Mr T. L. Shepherd thought the motion an improper one, and deprecated interference with the Judges. He enlarged on the high character of, and respect due, to Judge Chapman. He said it would be ridiculous to appoint a Committee of the House to sit upon his character, and he considered the telegrams sent by Judge Ward highly improper. Mr T. B. Gillies warned the House against being led away by any idea thatthey were not empowered to deal with a matter of this kind. The power of removing judges for misconduct was delegated to the House only. The question was not whether Judge Chapman had a right to issue an order for the production of certain telegrams, or as to how certain telegrams were divulged to the ' Otago Daily Times,' but as to imputations made upon the administration of justice in the Supreme Court. The charge preferred by Judge Ward was certainly made in his official capacity, and the telegrams were sent as on the public business. The charge was that Judge Chapman was acting partially in regard to certain legal practitioners ia Otago. It was alleged that, justice could not be obtained in certain cases which would be heard before him, and Judge Ward asked the Government to suspend Judge Chapman until the General Assembly could take cognizance of the matter. If these charges were unjustifiable it would be clear that Judge Ward was unfit to hold the judicial balance, and there would be no alternative but to remove him from his office. If these charges were to remain in their present shape, the public would lose confidence in the integrity of both the Judges. The Government had not condemned Judge Ward for making these charges ; it had not absolved Judge Chapman, and in justice to the people of Otago, and for the vindication of the administration of justice throughout the Colony, an inquiry was necessary. It would be an imputation upon the character of the Judges if such charges were made withour proof. Mr Gibba deprecated a remark made by Mr Luckie to the effect that whenever the House and the Press were opposed the former would get the worst of it Mr Steward supported the motion. He thought it would be easy to ascertain how this telegram leaked out without examining the editor of the ' Otago Daily Times' ; but from an entirely different channel. The Committee should ascertain whether any threat was used against any officer in the Telegraph Department to compel him to disclose the telegrams. It was clear that Judge "Ward signed the telegrams officially, and staked his judgeship upon the hazard of the die. Mr ITox said he and both Judges had been intimate friends for many years. He went on to enlarge on the ability and private virtues of both. He thought it would be better that the matter should be allowed to sink into oblivion. He thought the House was not competent to deal with such an inquiry as was provided for in the first part of the motion ; and it would be exceeding its constitutional powers if it attempted to do so. Mr Fox went on to quote from Todd's book on the Parliamentary Government of England, with regard to the power of Parliament to deal with judges. He contended that the order issued by Judge Chapman for the production of certain telegrams was merely an error in judgment. The editor of the ' Otago Daily Times' positively asserted that he had transcribed from Judge "Ward's telegram to tbe Government the telegrams which the 'Daily Times' published. There was a suspicion cast upon the Telegraph Department. There were matters referred to in the telegrams published in the 'Daily Times' which were not contained in the telegram sent by Judge Ward ; and moreover it was stated in the newspaper telegrams that Judge "Ward was coming to Wellington, and would see the Government on the subject of his complaint. Judge Ward did not telegraph that to the Government, but he might have sent it to a private friend, and therefore the person who supplied the telegram to tbe 'Daily Times' had probably an opportunity of seeing other telegrams than the ones sent by Judge Ward to the Government. Mr Sheehan rebutted the arguments used by Mr Fox, and contended that the House had a perfect right to investigate the charges. Mr Speaker gave his ruling upon the points raised by Mr Fox. His remarks were almost inaudible in the gallery, and were evidently given with considerable hesitation. He was understood to deprecate an inquiry, but to rule that the motion was perfectly in order. Mr J. L. Gillies replied. He was compelled to curtail his remarks, as it wanted a few minutes to the hour for adjournment. He said he had not anticipated such a lengthy discussion, or he would have spoken on the question when moving it. He had hoped that the motion would be passed without diecussion, and he was surprised to find the hon. the Premier offeringobjection to the appointment of a Committee of Inquiry. He had tabled the resolution because a strong feeling existed in the Province of Otago with reference to these charges. When tbe question first came before the House, the Premier acknowledged that the accusation against Judge Chnpman was one of a very serious ch:.racter, and that it did not reflect credit upon any of the parties connected with it. It was strange that the Premier should now seek to prevent the matter being inquired into. At tha time he (Mr Gillies) moved for the production of the correspond. trnce, Mr Fox iiad expressed ft hope that

he would move for a Committee of Inquiry into the matter, and he (Mr Gillies) had tabled this motion partly in fulfilment of that promise. The telegrams sent by Judge Ward were signed officially, and deliberately intended to be official, and the complaint was of a general character. There were insinuations combined in the telegram in reference to matters of a purely private character, indicating that the charges were not maae in haste, but from strong feelings in regard to Judge Chapman. He was not there to defend the ' Daily Time 3 ,' and he was anxious for an inquiry with regard to their part of the matter. If an inquiry were baulked he would throw the responsibility of that upon the shoulders of the Goverrment, and he believed that the people of the colony would not, be satisfied with the conduct- of the Government in endeavoring to shelter a judge, against whom such grave charges had been made, or in seeking to shelter him who had made the charges. He regretted to hear the Premier say that if these telegrams had not appeared in the 'Daily Times,' nothing whatever would have been heard of the matter. The country was indebted to the 'Daily Times ' lor bringing the matter to an issue. He also regretted that the Government should propose to allow such serious charges to sink into oblivion. If that course were adopted, Judge Ward would be able to go through the length and breadth of the land anl proclaim that he had made charges against Judge Chapman which the latter could not answer. The motion was put and agreed to on the voices by a large majority.