ARBITRATION JUDGE.

Press, Volume LXI, Issue 18306, 13 February 1925, Page 6

ARBITRATION JUDGE.

LABOUR MEMBER'S VIEWS.

CHARGE AND EXPLANATION

(SPECIAL TO "THE FEBSS.'')

WELLINGTON", February 12,

The Hon. "W- Earnshaw, M.L.C.. ■writes to the "Post" as follows:—"Passing Ycit-ch and Allan's Corner on Friday night f heard Mr Robert McKccn M.P., mate the statement that the Government appointed Mr Justice. Frazer on account of his political opinions, etc., and more language to the same effect." Mr Earnshaw criticises Mr McKeen strongly for making a statement, which amounts to a charge of bias against the judge. "It would be more honourable and manly for Mr McKeen to say to tho judge himself in Court "his personal opinion of the judge's rectitude or eonduct in giving his decisions upon questions before the Court, instead of i)!'.>uthing at street corners, inflaming tiii' people's minda against a judge who, whatever his merits or faults may be, has a very difficult task before him in trying to find an equitable line between two ever contending factions."

Mr Earnshaw states that he himself has criticised the constitution and procedure of the Court, holding that the original Act has never had a chanco to prove its worth because of the cumbrous machinery; and he has criticised the Apprentices' Act. But ho has never had anything but respect for the judges, and confidence in their integrity and honest fairness:

The matters referred to in Mr Earnshaw's letter were submitted to Mr McKeen, who stated that he was at a loss to understand how the construction contained in it could be placed on his remarks. He had no intention of conveying the impression that Mr Justice Frazer's appointment was due to his political opinions. As a matter of fact he did not know what Mr Justice Frazer's political opinions were. If the impression mentioned by Mr Earnshaw was conveyed to his (Mr McKeen 'a) hearers, it was quite unintentional, and he desired to correct it now.

Mr McKeen added 1/hat in a general way he had referred to the danger of political influence in tho appointment of judges, and he believed that it was a truism that the outlook of tho particular individual on social and economic questions in the case of judges, as well as everybody else, affected their course of reasoning and their conclusions and decisions.