ADVOCATE IN COURT

Evening Post, Volume CXXX, Issue 10, 11 July 1940, Page 7

ADVOCATE IN COURT

MR. JAMES ROBERTS

POSITION QUESTIONED

The appointment of Mr. James Roberts as a member of the Waterfront Control Commission was mentioned in the Arbitration Court on Tuesday by Mr. M. J. Gardner, of Wanganui, when he appeared as advocate for the NewZealand Harbour Employers' Union in several cases requiring interpretation of the New Zealand Harbour Boards' Employees' award.

Mr. Gardner said he had been instructed to raise the question of the desirability of Mr. Roberts appearing as advocate for the workers. He regretted having to raise the question and assured the Court and also Mr. Roberts that there was nothing personal in the representation to the Court. It was mentioned purely in the public interests. As a member of the Commission Mr. Roberts had become a public servant. The Commission was required to act in a judicial capacity, Mr. Gardner said, and he was therefore instructed in the public interests to ask the Court whether it was competent or desirable for Mr. Roberts to act as advocate, since he must take a partisan attitude upon many matters which could not be altogether divorced from the questions requiring judicial action by the Commission.

Mr. Roberts intimated to the Court that he was still secretary of the New Zealand Waterside Workers' Union. As he had been associated with the present cases before the National Disputes Committee, the union wished him to carry them through to a conclusion. He had the requisite authority from his employer to act r advocate. He knew of no legal objection to his acting in that capacity. Had he been told in sufficient time that the question of his appearing in Court would be raised, he would have been able to make other arrangements, but at the short notice of a few days it had been impossible for another advocate with sufficient knowledge of the position to replace him.

Mr. Justice Tyndall intimated that in view of the statements he had made regarding his position in the cases Mr. Roberts would be allowed to proceed.