LENIET TASMANIAN JUDGE.

Dominion, Volume 1, Issue 27, 26 October 1907, Page 12

LENIET TASMANIAN JUDGE.

PROPOSAL FOR REMOVAL,

The leniency of a Tasmanian judge led to a dobate in tho State Parliament the; other, day as to whether he ought not. to be removed from the Bench. In tho House of Assembly Mr. Long moved that an address bo presented to His Excellency the Governor, praying that; his Excellency will bo pleased to're-' liiovo from the Snpnhne Cou'vt Bench his Honour Mr. Justico M'lntyre,. on tho" ground that; the public has lost confidence in him as an impartial administrator of': the criminal law; and that tho said resolution bo transmitted to tho Legislative' .Council,, with. ; a message requesting its concurrence' therein. His complaint, ho said, was based'exclusively upon Mr. Justice M'lntyre's 'interpretation. 11ml indemnation' of the law in reference to the conviction of Butler, the ex-manager of the Hobart Savings Bank, who was released as> a first offendc-r. Notwithstanding 'what tho legal profession might say as to'tho Judge's reputation for impartiality, lie (Mr. Long) maintained that tho partial manner ;'in which Mr. Justico M'lntyre dealt with Butler's caso was sufficient to disqualify him from any'longer occupying tho very high and honourable position of a Judgo of tlio Supremo, Court. He believed that tho Judgo was influenced in tho caso by social considerations..

Tho Premier said tho Government would opposo the motion. Ho believed in tho.pcrfect intogrity of tho honour of Mr.' Justico M'lntyre, but lie might , admit that his Honour had committed an error of judgment. Mr. Nicholls, Leader of tho Opposition, said while 110 did not think the caso of Butler applicable to the First Offenders' Act benefits, ho was convinced that Mr. Justico M'lntyre had erred through not knowing all the facts of tho caso.. It was not laid boforo him that tho full amount embezzled was £575, lior was it shown what duties 110 had to perform for UlO salaries 110-received. ; , Tho motion was rejected by 19 votes to 2.