A PARTY FLAVOUR

Evening Post, Volume CX, Issue 147, 19 December 1930, Page 11

A PARTY FLAVOUR

(From "The Post's" Representative.) SYDNEY, 11th December. With the elevation of Sir Isaac Isaacs, Chief Justice of Australia, to the position of Governor-General of the Commonwealth, there are three vacancies on the Federal High Court Bench, and the manner in which this extraordinary position is being discussed in political Labour circles has caused a distinct feeling of distrust among those who desire to keep the Courts free from political contamination. Never before in the history of the Commonwealth has the Government had the opportunity,of making three appointments to the Bench simultaneously, and there has developed a strong demand from the Labour Caucus that the Government should take full advantage of the opportunity. The propaganda, as it has been termed, can mean only one thing, it is held, that the Government should appoint only those who have Labour sympathies.

For some time past Labour politicians have made no secret of the fact that they have not been satisfied with the manner in which the High Court has interpreted the Constitution. Attacks on the High Court have been frequent in Parliament, and have invariably been voiced .by the extremists.' They have openly declared that it was about time the High Court was composed of men who would interpret the Constitution as Labour would have it, so the bright thought has occurred to them to select as Judges men who have been strong Labour supporters. It is natural, therefore, that a feeling of. suspicion should have arisen. There are many who fear a policy of spoils to the victors. If such a policy were adopted as far as the Judiciary were concerned, the High Court would lose the confidence of the public.

It is not likely that any .appointment will be made until the return of the Prime Minister (Mr. Scullin). The Acting-Prime Minister (Mr. Fenton), it is said, realises the delicacy of the situation and would, prefer lo wait. The extremists, *bn the other hand, have no desire-to force the position, and so reveal their attitude to the fullest degree. Two Labour stalwarts are mentioned as likely to succeed SU" Isaac Isaacs. One oi these is Dr. Evatt, K.C., a particularly brilliant man who has been a member of the State Labour Parly in Jsew South Wales for years, and a- member of the Assembly. The other is a Labour member of the Federal House. Mr. E. A. M'Tiernan. It is Renerally felt that if the Labour Government retains power, the new Chief Justice will be Governor-General in five years' time, so the significance of any appointment now is increased.

To anyone but a Labour politician it would seem that a very delicate position, has arisen.