POINT OF PROCEDURE

New Zealand Herald, Volume LXIX, Issue 21332, 5 November 1932, Page 14

POINT OF PROCEDURE

CASE BEFORE COURT EMPLOYER'S EXPLANATION ADVICE THROUGH FRIEND [from our own correspondent] HAMILTON, Friday When a maintenance case was before tho Hamilton Magistrate's Court last week, Mr. Wyvern Wilson, S.M., sought an explanation from the defendant's employer as to why he (the employer) had asked Mr. F. W. Platts, S.M., to intervene in a case before Mr. Wilson's Court. Tho caso, which was again before the Court to-day, was one in which Richard E. Fox was charged with disobeying an order with respect to the maintenance of a child. The employer in question, William Cook, farmer, Ngahinapouri, gave evidence to-day that Fox had given excellent service while ho had been with him. Fox had been to Hamilton only once in five weeks. He was a good milker and a hard-working man. Witness said he could not afford to pay Fox more than 10s a week and his keep. In answer to Mr. Clayton Greene, witness said ho was concerned about losing Fox, and a friend said he would ask Mr. Plaits' advice. Sir. Platts suggested that witness should sc-o a solicitor, and he did so. He had no idea that Mr. Platts was going to see Mr. Wilson about the case. Counsel submitted that there was no evidence that Fox had wilfully disobeyed the order. Of the 10s ho received he had paid 5s into Court. Ho had been to prison twice since the commencement of the proceedings. The magistrate said the Supreme Court had laid it down that counsel should not address a magistrate at the close of his case. Mr. Wilson continued that lie had been under tho impression that Fox was not' trying, and for that reason had failed without reasonable cause to obey tho order. During the last week tho maintenance officer had applied for an attachi ment order, and an order attaching 7s 6d of defendant's wages had been issued. Defendant was apparently working hard and was a good worker. He should be ablo to get a better job. Tho only way to mako him get a bettor job was to keep him a little short of pocket money. Fox would be given another chance, and tho information would be dismissed. Sir. Wilson added that apparently it was not Fox's employer at all, but a friend, who had tried to intercede for him. MR. MACINTOSH'S CASE REFERENCES NOT EXPLAINED NO OTHER ACTION PROPOSED [BY TELEGRAPH —SPECIAL REPORTER] WELLINGTON, Friday Although Mr. A. Macintosh refused to explain his references to members of Parliament in an addendum to tho final report of the National Expenditure Commission, the Privilege Committee has recommended that no action should be taken. Attention to Mr. Macintosh's remarks was drawn by the Leader of the Opposition, Mr. H. E. Holland, early in the session. Reporting on behalf of the Committee to-day, the chairman, Mr. S. G. Smith, said it had requested Mr. Macintosh by letter for an explanation, and having considered his reply, called Mr. Macintosh before it. Mr. Macintosh had declined to explain his references to members of Parliament, but tho Committee, while regretting he should have taken up such an attitude, recommended that, in view of his advanced age, no further action should be taken. In his letter to the committee, presented with the report, Mr. Macintosh said it was a matter of surprise to him that a Committee of the House should seek to interrogate him as to -the reasons or grounds on which he had based certain opinions that had come under review by the commission, constituted as it had been by the highest authority. "After s; wearisome, tedious and painstaking investigation by the commission, extending over a period of five months," he said, "I, as a member of that body, am now requested to account to another authority for inferences or deductions I have drawn from the evidence placed before me, and possibly be subjected to considerable expense for conscientiously endeavouring to discharge the duty imposed upon me. Further, my comments were founded on evidence of a most reliable and convincing nature. Moreover, that evidence was tendered, not voluntarily, but by order of the commission, under the seal of confidence, and I need hardly say that I cannot under any circumstances whatever break that seal or violate the arrangement made with witnesses. Not in any defiant spirit do I say this, for 1 am sure you will realise it would be unthinkable to expect me to take any other courSfe." When Mr. Macintosh appeared in person before the committee he declined to any of the statements he had made in the addendum to the commission's report. He said he felt an attempt had been made to humiliate him. The committee's report will be considered by the House on Wednesday.