THE COURTS OF JUSTICE.

New Zealand Herald, Volume XLVIII, Issue 14691, 27 May 1911, Page 8

THE COURTS OF JUSTICE.

COMMENT BY MR. MASSEY.

INDEPENDENCE OF JUDGES.

[nr TELEGRAPH. —OWN CORRESPONDENT. ] CirRisTCHTjRCir, Friday. A reference to the judiciary was made by the Leader of the Opposition (Sir. W. F. Massey) during his speech at Waimato last night. Sir. Massey said lie had recently had some business in the courts, but the remarks lie was going to make wero entitroly apart from that business. Ho stated that in connection with the law courts New Zealand was apparently going back to what seemed to be improper and undemocratic methods. He referred to what was known as the " secret case " in Wellington. The principle, he believed, was that every citizen of the country, whether in the capacity of plaintiff or defendant, was entitled to a fair trial in open court, especially where a mart's liberty was concerned. The question would have to be taken in hand, and dealt with firmly by Parliament during the next session.

In connection with another matter Mr. Massey said ho would speak advisedly. Ono of the principles of the constitution | was that the judges of the Supreme Court and the magistrates should be paid sufficient salary to maintain them in comfort, and enable them to make provision for their declining years if they wished to do so. It was also understood that when a judge took a position on the Supreme Court Bench he had not to expect anything in the way of reward or fear anything in the way, of punishment for any official act. That principle should be strictly adhered to, but it had been departed from. There was one judge who within the last few years had received a large sum of money in addition to the salary and travelling expenses allowed him by the Act of Parliament. A Voice: Name him. Mr. Massey: Sir Robert Stout. (Applause. ) Continuing, Mr. Slassey said if that sort of thing was to be continued they were going to have the independence of the Bench of Justice sapped, and that was a position none of them wanted to see. It would be the duty of Parliament at tho very earliest opportunity to make such provision by statute that it would not lie possible for any judge to receive any payment in addition to his salary from the Government that happened to be in power for the time being. The Supremo Court Bench should be like Caesar's, wife—above suspicion. In the case of magistrates, their salaries depended on.tho Government for the time being in power. Their salaries were placed on the Estimates, and were voted. Tho magistrates were in a somewhat dependent position, and their salaries should bo fixed by Act of Parliament. Mr. Massed added 'that the Bench of Justices should be made absolutely free. In speaking as ho had done he was animated by no personal motives, but by a strong sense of duty, and he believed that tho people, when the question como before Parliament, would back up those who were in favour of the principles he had stated. Good men should be selected for the Bench, and they should bo paid good salaries. No political influence should bo brought to bear privately. He was of opinion that no magistrate should bo appointed without tho approval of two judges of the Supreme Court. That showed how important he considered the position of the Supreme Court Bench, and he felt strongly that' the people would not allow anything to bo introduced that would sap its independence. (Applause.)