IS IT A PROPER THING?

Dominion, Volume 4, Issue 1131, 19 May 1911, Page 5

IS IT A PROPER THING?

JUDGES AND COMMISSIONS, . MR. ALLEN INTERVIEWED. REPLY TO HON. G. FOWLDS, CHIEF JUSTICE AND HINE CHARGES. (By Tcloeraph.-Press Association.) Chrlstchurch, May 18. Tho member for Bruce (Mr. Jamca Alloji) returned from tho North Island to-day, and was interviewed in regard to ■veconfc utterances of his concerning the Supreme Court. Mr, Allen dealt with the subject at some length. ''It ill becomes the Hon. Mr. Fowlds," ho said, "to talk about discrediting one of the most sacred institutions of tho country, when he and his colleagues have been tho very people who have brought about this discredit, not by appointing Judges to commissions, but by providing for payment to the Chief Justice of tlio Dominion of a considerable sum of money beyond and in addition to tho allowance that is made to him by statutory Jaw for his work as Chief Justice. Had the Ministry not adopted this degrading practice by providing money in this way for a Judge of tho Supremo Court, then no accusation ' could havo been levelled. "One cannot read (ho history of tho Hino affair, and the Chief Justice's in ' connection therewith, without feeline uueaey. , That the Chief Justice should have asked to be relieved of tho responsibility of appointing two Judges to make inquiry into the Hino charges was perfectly legitimate—l havo not a word to .say against tjiat. But that tho Chief ' Justice, who was simply asked to name two Judges to make the inquiry, 6hould : have commented in his reply on every one of the charges made by Mr. Hine—aud that without having heard the evidence— if, to me, unoxplainnblo. If there is one thing more than another that wo havo to protect, it is tlio Bench against any iutluence that can bias their 'judgments, ' or make them political partisans. "A[r. Hine, to my mind, was prejudiced ' by the remarks of tho Chief justice in tno letter tent by him to tho Priuio Mia-' ister. In that letter, and iu respect to charge No. 4, niatfo by Mr. Hino, the Chiei Justicu lmuto two statements; one of which, in my opiuion, was not iu. accordance with face, and tho other of which was proven by indisputable cridonco also to be not iu accordance with fact. The Chief Justice's >yords one must consider to be the most weighty words, of any man iu tho Dominion. That he should say of Mr. Hine, as be did when Mr. Hino had still to go before tho Committee of Inquiry, that ho (Mr. Hine) had made an incorrect statement when ho said that tho person making a charge was a member of Parliament at tho timo ho made tho charge, certainly prejudiced Mr. Hine'e case for tho limo beinj. Mr. Hino's statement was afterwards proved' to be correct, and tho Chief Justice was proved to be.wrong. "Further, that tho Judgo should refer to Chnrgo 4, ond state that it was merely tho 'babblement of an election contest, , was prejudicing tlio case. These worde of the_ Judge must ocrtainly har<j-mado some impression upon tho public, and certainly did mako on impression on tho chairman of the committee which" heard the Hino case. The chairman of thecominitteo actually used the Judge's words when putting a question to a witness, and I cannot think that he would hare doue so unless ho had been impressed by them," Mr!' Allen went on to say tliat he had had no desire to bring all this matter into the full light of day. Ho had made a general statement about the effect upon our Magistrates' Courts ond Benches of Justices by such payments,: and the "NewZealand Times" must be, held responsible for bringing the details before tho public, and perhaps it was just as well that they should be brought out. ' Tho point at issue was this! "Is it a proper thing for the Minister of the day to put upon the Estimates sums of money for Judges beyond, and jn addition to, the salaries provided for them by statutory law? Is it possible that the putting of such sums on the Estimates may consciously or unconsciously influence a. Judge in his judgment or cause him to havo any political bias? In the case under review (to my mind) political bias was shown.