OHINEMURI INQUIRY.

Dominion, Volume 2, Issue 467, 27 March 1909, Page 10

OHINEMURI INQUIRY.

THE COMMISSION ASSAILED. IMPORTANT CASE COMMENCED. Proceedings havo been instituted to determine whether tho Government had power to appoint a commission to inquire into an allegation brought against certain members of tho Ohincmuri Licensing Committee Tho allegation was: "That, in connection with an application mado to 'the Ohincmuri Licensing Committee in June, 1000, by ono Maurico Goggan Power for a licenso in respect of promises situato at'Waihi, in lieu of his then existing licenso in respect of promises situato at Paoroa,. money was paid to several members of the committee as bribes to support the application."

Sitting in Chambers yesterday, Mr. Justico Coopor dealt with a motion relating to tho action. The plaintiffs are the members of tho - Ohinemuri Licensing Committee — Fred. Cock, Thos. Gavin, H. W. Moore, Hugh Poland, and John Ede Taylor—and tho defendants are ' tho Attorney-General, Dr. Findlay, K.C., and Mr. Justico Sim, who has been appointed to hold tho inquiry. Mr. Banme, of Auckland, K.C. (with him Mr. Blair), appeared on behalf of plaintigs; and "Mr. M. Chapman, K.C, and Mr. D. M. Findlay for the' defendants. On behalf of plaintiffs i Mr. Baume moved that an order be made removing tho action into the Court of Appeal for hearing, on tho ground that it was desirablo thdt the important and difficult questions of law, which arose in tho case, should be heard .and determined by that Court..

The statement of claim set forth that,- for tho purposes of tho inquiry, Mr. Justice Sim was empowered to examine all books and documents which he deemed necessary, and also to examine on oath all persons whom he thought capable of affording him information in tho premises: provided that, if any charge was mado against any person, it should not bo inquired into until at least 48 hours after a copy of the charge had been served en him. For the hotter enabling him to carry those presents into effect ho was empowered to conduct the inquiry in such places, and in such manner, as he thought fit. Upon the date in question plaintiffs constituted the Licensing Committee, and Robert Smeltbush, S.M., who had sinco resigned his office,. was ex-oflicio . chairman of the committee. At tho date of the commission no legislation had been proposed as to the charges relating to tho alleged bribing or corruption of members of Licensing Committees. By reason of the premises Mr. .Justice Sim had no jurisdiction to inquire into the allegations.. Wherefore it was claimed that the commission might bo cancelled, and, if necessary, it might be removed by certiorari to the Court for tho purpose of quashing and sotting it aside, and that it might bo declared that Mr. Justice Sim had no jurisdiction to hold'the inquiry; and that he be restrained by injunction; or prohibited by writ or order from so doing.

For tho defendants, Mr. Chapman said that tho only objection to the motion which ho desired to raise was that tho matter might be more espeditiously dealt with by a singlo judge. His Honour: None of the judges could toko it more quickly than the' Court of Appeal.

Mr. Chapman: Could tho caso be placed at the fop of tho list in connection with the Court of Appeal? As your Honour is aware, tho whole paraphernalia' of the commission is. now standing idle. .His Honour said the matter was certainly oho-. o.Lurgoncy. . He thought that the case should-be. taken-, to: tho; Court; of Appeal.' The question at issue was whether the Government had power to appoint such a commission. As a groat constitutional question was involved, it was dosirable that tho caso should not be taken until Mr. Justice- Williams, president of tho Court, could bo present. , ■ Mr. Chapman: "When will Mr. Justice Wil-liaihs'.bo.'.hcr-o? -...,:-.-. ■ .

' His Honour said that Mr. Justice Williams was at present occupied hearing a compensation caso at Dunedin, which was expected to last some days. Ho : would not probably reach Wellington beforo Monday week. Of such l great importanco'was tho question at issue that it would be advisable to defer consideration until all tho judges were present. Mr. Chapman: Of course the Government would like tho point to be settled as quickly as" possible. It was recognised that if a single judgo heard the matter, there might be an appeal. His Honour: That would bo almost sure to happen. Mr.-Baume said the matter was one of importance as well as' of urgency!. His clients preferred'that, it should come before the Court of Appeal. ;His Honour pointed out that. he would make representations to his fellow judges with a view to having the caso taken at the earliest possible moment. Mr. Pindlay: I don't think there would be any difficulty in getting the initial appointment. Usually nobody is ready to "o on whon the Court meets. (Laughter.) ° I His Honour then made an order reinovinc tho case into the Court of Appeal.