MR W C. FITZGERALD'S CASE.

New Zealand Mail, Issue 1440, 5 October 1899, Page 38

MR W C. FITZGERALD'S CASE.

It may be remembered how »xr W. C. Fitzgerald as public vaccinator successfully defended an action brought against him in the Supreme Court. In this action he might have pleaded in defence the privilege" of a public officer acting in the course of his duty, leaving the Crown to bear the burden of the litigation. It is true that the Government has paid Mr Fitzgerald the sum of £367, or about one-half of the total expenditure—£73s 7s lid—to which he was put in defending the actions brought against him. Mr Fitzgerald does not see why he should be called upon to bear the loss of £368, when as a private officer he was ordered by the Premier, as he alleges, to "fight the case out on its merics, and come to us with your petition for indemnity afterwards."' Mr "Fitzgerald did so, and the Government, only allowed half the costs of the case. In spite of the favourable recommendations of the committees of both Houses of Parliament, the balance of Mr Fitzgerald's costs has not been paid. It seems unreasonable that the payment of expenses should be longer withheld seeing they were incurred in defending proceedings brought against him while acting in his public capacity, and rendering such services as he renders free of charge to the public. The committee of the House of Representatives has this year again recommended the Government to pay the petitioner, and the Upper House Committee having taken evidence recommends the prayer of the petitioner to the favourable consideration of the Government. For two years the Government has been urged to pay the expenses incurred, and it would be an act of justice to place the amount on the Estimates, and thereby afford the House an opportunity of conforming to the decisions of the Public Petitions Committees that the sum should be paid.