The Case of Mr Justice Edwards.

Daily Telegraph (Napier), Issue 6144, 9 May 1891, Page 3

The Case of Mr Justice Edwards.

[PEE PBESB ASSOCIATION. |

■Wellington, Lest night. The defenoe to the motion against Mr Justice Edwards was filed this afternoon. The defendant denies that the Oml List ~ lot 1863 Amendment Act, 1873, in any f respect dealt with or affected the appointment of Judge, « alleged. Hβ sets up the Governor's commission, and alleges that it ie in the same form as all tne other Judges' commissions. ... . He points out that the original purpose, of his appointment was in connection with the Native Lands Commission. Soon after the SmT of the session of 1889 the UnderaSitatT for Native Affaire, by direction of the Minfeter for Native Affairs, waited upon Mr Edwardsat his office to asoertain whether he would accept the oommienonerehip, naming £?0U and travelling allowances as the remuneration, with liberty to continue praoS£ as solicitor and barrister. The defendant Aen informed the Wer-Seraetary that Ms (defendant's) books showed he was making a net income of £2250 per annum and it was improbable that he could accept the commissionership unless he received the came salary and allowances as the Supreme Judges, and was allowed to practise his profusion so.far as it was possible to do , co but that he would consider the offer. Vhe defendant heard nothing farther till ■ the loth of October, 1889, when the Native Minister sent for him, and formally offered Mm £1200 a year ■■ Hi £1 is per day travelling allowance, with liberty of private practice, it being estimated I that the work of the Oouhmbbiou would last *■• {torn five to ten yeare. The defendant replied that since he had seen the UnderSecretary previouely a change had taken place in his business arrangement*, and it W ae hardly likely that he oonld accept less tton he had already stated After some oonrideration he decided to accept tho appointment, provided he had the mune emoluments as a Judge of the Supreme Court and a guarantee of three years enThe Minister was understood to leave Wellington without replying to this offer. In the meantime defendant considered the matter, and concluded that hw acceptance Of the office would practically result in his asked for After some lapse of time, on Se 25 h February, 1890 Sir Harry Atkin«n, the Premier, sent for defendant and Steed him a Supreme Court Judgeship Wether with the commieaionerehip at the came salary and allowances as the other Pahme Judges, Other correspondence S (as set out in the statement of oluim), Si which the offer was accepted, and on the Sfch of March defendant received his com"SSKnaant submits that his negotiations »nd correapondence constitute a contract binding on the Crown, whereby his; salary at Judge waa ascertained and established. He therefore denies that no salary was ascertained and established for him as ■ alleged, and he denies that Parliament has «S to vote any. salary for him as Judge , He alleges that in the session of 1890 a i, Staority of the House so far obstructed F bwteees that in order to save great public low *nd inconvenience arising from a word " Judge " in the estimates, and therermnn his salary aa Commissioner was caseed At thJTame time the Minister in C declared that the Ministry could not ■ and would not interfere with defendant's disharge of the duties of Judge and would ply to the defendant his full salary of £IDeOfeX1 De O feX a t was accordingly paid his full ealary as Judge (not as Commissioner) up to fKrt of March last. He says that the present Government caused him to be reX from his office, notwithstanding that Siere were many matters-several of whch had blen heardf but not finally adjudicated upon-then depending before the OommwKrs Finally the defendant claims that hUcommießion is in full force, and has been Li no Xeot impeached, nullified cancelled, £ suspended. He submits that he is now Uwfullv a Puisne Judge. To-morrow Mr Gully will move in Chambers, before the Chief Juetice, m aWdance with the notice he has .already the removal of the case into the Appeal Court