INDEPENDENCE OF THE BENCH.

Evening Post, Volume LXXX, Issue 113, 9 November 1910, Page 3

INDEPENDENCE OF THE BENCH.

♦ EXPLANATION ,BY MR. NORTHCROFT. Regarding the statement reported to have been made by Mr. H. W. Northcroft, ex-S.M., in Auckland recently, that political influence was used on the Magistrates of the Dominion, the Minister of Justice (Hon. Dr. Findlay) has received the following -letter :— 2, tiymonds-street, Auckland, 6th November. 1910. My Dear Dr. Findiay,— I have been out of town since Monday evening, 31st October, and off the beaten -track, and only now have access to all the newspapers,, tfierefore was not in a position to correct the reports. I was not correctly reported. The following is what I did say : — "1 know how proud every British subject is of the high -traditions of your Judicial Bench; the sacred independence of the Judges. But, gentlemen, 1 hope you. will pardon my saying your Magistrates who preside over the peoples' courts are not independent : they are subject to political influence and interlereuce, and as time goes by there are signs of it becoming more- pronounced. Your Magistrates have year by year more work cast upon them: industrial disputesT and other work where they have to decide between Capital and Labour. I say, gentlemen, it is our interest and a duty we owe to posterity to be watchful and make our Magistrates as independent as our Judges of the Supreme Court while there is yet time. 1 have felt it my duty to sound this note of warning while there is time, that the future may be able to uphold the grand traditions of the past." I further wish to confirm your statement that as far as you and the Hon. J. M'Gowan are concerned, I have not known of any interference with Magistrates. My remarks v/ere not directed against any particular government : the practice lias prevailed ever since I joined the Justice Department 32 years ago ; at times more or less pronounced. The very fact of persons writing to you about their cases showt,, 1 suggest, that some people think they can bring influence to j bear on Magistrates through Ministers. Of course, since you have been Minister of Justice such interference has not been possible. I have written this in justice to you and the Hon. J. M'Gowan for publication or otherwise as you think fit. I remain, Yours sincerely, H. W. NORTHCROFT. • The above, letter was written spontaneously by Mr. Northcroft, and not in consequence of any communication with him either by the Minister of Justice or the Justice Department.

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