THE EDWARDS' CASE.

New Zealand Herald, Volume XXVIII, Issue 8555, 1 May 1891, Page 5

THE EDWARDS' CASE.

A CAUSE CELEBRIS.

IMPORTANT ISSUES INVOLVED. [Br TELEGRAM—OWN CORRESPONDENT.,! Wellington, Thursday. The argmneut in the proceedings are likely to take place on the application for a writ quo warranto addressed to Mr. Justice Edwards, to show cause why he exercises the authority and functions of a Judge of the Supreme Court, is likely to have an importance far beyond any personal or even official considerations involved in the issue. The Attorney-General ex officio will apply for the writ. Sir Robert Stout will sustain the argument in support of the writ, supported probably by Mr. Gully. Ae to the form of procedure the letters patent, signed with the seal of .the colony under the Governor's hand, will be put in as an answer to the application for the rule. Mr., Harper, of Christchurch, Mr. Chapman, of Wellington, and Mr. Theophilus Cooper, of Auckland, are retained in support of the validity of the letters patent, and the regularity of tho appointment. It is said the argument will turn upon the construction of some of the great English statutes, the Petition of Rights, and the Act of Settlement, which form the great charters of Parliamentary practice and constitutional privilege. I am told that the crucial point will be whether under the Civil List Act tho salary of a judge attaches to the letters patent or to the individual appointed under them. Here once more is the old question of prerogative and Parliamentary privilege side by side and in conflict.. The local press this evening express an opinion that the judges of tho Supreme Court having expressed opinions on tho case, must vitiate the proceedings. This is not the case. The facts under the new proceedings will be altogether new. I believe Mr. Justice Edwards himself had issued a memorandum to the legal profession before these proceedings. I was cnxious to get this document, but the learned judge objects to its publication. The day foe hearing is not yet fixed, but the proceeding is rapidly taking the position of a cause celtbre*