CIVIL SERVANTS APPEAL.

Evening Star, Issue 14183, 7 October 1909, Page 6

CIVIL SERVANTS APPEAL.

In tho Appeal Court at Wellington yesterday, m the case of Reynolds v. the-At-torney-General, Mr Ostler, for tire appellant, contended that the finding of the Board was a decision that a writ of ,ertiortri could he issued, and that tho Court had power to declare, the report null and void. He went, on to argue that the case rested on broader grounds than the private nghte of appellant, A far-reaching princurie of constitutional law was involved The public of the Dominion looked to the Supreme Court to protect them from (he growing power of tho Executive. The Chief Justice of England had lately stated that it was the function of the High Court to stand between the .people and the .arbitrary power of tlhe Executive, If the Court in this case held that it had no control over the Board, any peiwon entering the Civil Service lost tho most cherished parts of his rights, and was at tho racrcv of any two persons tho reigning Government might like to appoint.

At to-day's sitting Mr Myers, on behalf of the respondent, contended that, before certiorari conld bo granted there most be a judicial act imposing liability or altering the a-ights of opinion of the Board The inquiry was not a judicial determination, because it rested •with the Governor-in-Council to give effect to the determination. The act of fhc Board in reporting their opinion of inquiry was not one which the Supreme Court ihrad power to review.