THE CHIEF JUSTICE AND THE CHAMBER OF COMMERCE.

New Zealand Herald, Volume II, Issue 348, 23 December 1864, Page 5

THE CHIEF JUSTICE AND THE CHAMBER OF COMMERCE.

Os Tuesday, bofore the commencement of the proceedings ol' the Supreme Court, His Honor the Chief Justice sitting to hear bankruptcy eases and appeals, tho remarks which will bo found below, were made by the Judge with reference) to the action taken by the Chamber of Commerce upon proceedings in that Court in tho case of Rattray and Matheson. Mr. Andektox, tho official assignee, handed a paper to His Honor. ilis Hosou inquired in what position tho case of Rattray and Matheson then stood. Mr. Anderton' said that tho accounts had been nearly all made up. His Honor: (reading tho paper). When did you receivo this document Dir. Anderton.

Mr. Anderton : About tho 20th of October, your Honor.

His Hoxou: Did it como alone, or was it accompanied by any other documents r W;ls there any ininuto of tho proceedings ? Sir. Anuerton : It camo alone, thoro were no other documonta enclosod.

His Honor : Did you take any action in respect to it.

Mr. Andeuton' : I think I have a minute—a newspaper report of the proceedings at which the resolution was passed. I merely acknowledged the receipt of the communication. His Honor : Let me sec the report. His Honor thon read aloud the following extract from a piece of newspaper, which tho official assignee handed to him, and which purported to he a report of the meeting of the Chamber of Commerco held on the 13th of October last. —"Mr. J. S. Macfwrlane said he wished, before the Chamber separated, to say something respecting tho Insolvency Court and. tho estate of Messrs. Battray and Mathoson. He briicved it was in that Chamber that it was first mooted that an Insolvency Court should be established ; and yet it appeared to him at the present timo that it was only fostered and kept up for the purpose of affording protection to tho very worst of characters. In tho case of Rattray and Matheson, the Court had only been a hindrance to the realization of the estate — it had given Mr. Kattray permission to go on leave of absence for a fortnight, at a time when he was uiost urgently wanted, in spite ol the expressed wish of the creditors and the accountant, who could not get on with the work at all in his abscrice. 110 had experienced tho greatest difficulty in getting an accountant appointed, and now that lie was, the Insolvent Court had given tho bird permission to fly away | for a time."

[We add the whole report as it contains the resolution transmitted tj his Honor which was not road.]

•' Mr. Nathan : Perhaps for good- " Mr. Macfarlane continued: In 111? case of one of the creditors of an estate who camo into town, Mr (

Andcrton refused to issuo a writ unless £10 oNpensea were guaranteed by tho person dosiriiig to is ue. " TJIIO Ciiaihman said- that he and several others attempted to present tho matter before tho Court.' If tho Judgo had been in town he should have suggested tho formation of a deputation to wait upon bi;n on tho subject, as tho wisest courc'o to adopt, but as ho was at present in Otago, that course would bo U'doss.' " Mr. .Nathan thought it iiud hotter Btami overfill his return. " The Chaikman suggested that a nutting of creditors be called to consider the matter, i- t hey did not feel inclined to await the roturn of i.io Chief Justice. . " Mr. Ma'cfablane thought that a resoluti >n from that chamber to Mr. Andcrton would have a bene-' ficial effect. "Tho Ciiaikmax thought the creditors should interfere, and not the Chamber of Commerce, w lio were not creditors of tho estate. "Mr. Macpaelane thought it would bo better if tho Chamber gavo some expression of its opinion in tho matter, and informed the Court that the assignee had not acted with tho promptitude neeessary in such a case. Ho would therefore propose the adoption of the following resolution by the Chamber, —' That this Chamber having discussed tho management of tho estate of Bnto'ay and Matbeson, desires to express its regret that tlio Insolvency Court has not shown that promptitude and diligence in endeavouring to wind up tho affairs of the said estate which tho circumstances seem to bavo required.' "Mr. Nathan hud much pleasure in seconding tho motion, which was approved, and a copyordered to ho sent to the official assignee." His Honoh : I observe a very sensiblo suggestion on the part of tho Chairman, that a deputation should he appointed to wait upon the Judge. Who is tho Chairman, Mr. Anderton ? Mr. Andeutok : I believe Mr. Gilfillan. His Honor : These persons, it would appear, have very strangely misunderstood their pusiiion and privileges. Of course the proceedings of ail Courts of JUBtiee, and tho conduct of every person employed therein are fit subjects for public comment. It is the duty of all Courts,—of those who preside in them at least, to receive and givo attention to any complaints which any of the suitors may have to make against noglect or misconduct, on tho part of any officer of justice acting within tho jurisdiction of the Court. But these persons have committed a very grave misdemeanour by the course they have adopted. Ido not inquire into the truth or falsehood of thtir statements—it is not necessary that I should do so. Of course the falsehood greatly aggravates the criminality of tho persons who promulgate these assertions. That is not the question I have to consider. All that I have to considor is whether it i 3 necessary for the Court to tako further action on the subject by summoning these persons before me, and unless they can show they are no parties to this transaction, commit them to prison. It is well known that I havo presided for many years in the Supreme Court of Auckland, and I havo never found it to be. within my duty to exercise the plenary power with which I am invested—tho power of committing for contempt. Ido not purpose to take that serious action on the present occasion ; for the barefacedness of the act shows that it proceeds from ignoranco rather than evil will. The circumstance that there has been so little ground during the last seven years for the Judge to complain of a want of respect in individuals, or a want of kindly feeling or sense of duty on the part of the community at large towards the Supreme Court, convinces me that these persons have acted from misapprehension of their position rather than from criminal motive. But inasmuch as they are persons who assumo the title of merchants, who ure supposed to direct and control the commerce of the country in a quasi corporation called the Chamber of Commerce, —men who are supposed to take the lead and set a good example to 1 to their fellow-citizens—to see such persons having a want of knowledge of then- duty, and a want of respect towards tlioso who administer justice, is a ; circumstance which cannot be suffered to remain unnoticed. I should be glad if those gentlemen who represent the l J rcs« hero would communicato through the Press to the public this much information —that any kind of intimidation or impropriety of conduct towards those who preside in her Majesty's Courts of Law, or any intimidation of any officer of the Court, is a high misdemeanour and an act of contempt. If s any officer oll'end, complaint can be made in the proper manner. But whether or not, the course , adopted on this occasion is in the nature of an I attempt to overbear, or at all events if not intended to be public, to mislead and impute misconduct to [ tho Court, but if the correspondence was intended to be made public then it is in the nature of a conspis racy to overawe and to pervert the intended action ) of the Court. I have said Ido not intend to take further notico of the subject. Perhaps I have done too much in giving to it any importance. But as it ; proceeds from ignorance rather than evil will, the , public should therefore be informed that however i free they may be to discuss and criticise the pro--1 ceedinga of a Court of Justice, that although Judges of Courts of Justice and their officers are the proi pcity of the public and maintained for' k the public bene'iit, nevertheless an action of this nature eonsti- > tutes a contempt of the Court, viaitablo by fine and imprisonment. It is most likely that we shall nol • meet with another instance of this impropriety and " therefore I will not lurther notice it.