THE INDEPENDENCE OF THE BENCH. TO THE EDITOR.

Otago Daily Times, Issue 8610, 27 September 1889, Page 4

THE INDEPENDENCE OF THE BENCH. TO THE EDITOR.

Sib,—l take a considerable interest in the forthcoming election at Oamaru, for the result will determine whether the grand cardinal principle of the i of the bench is regarded &s of paramount importance or no. The sole question before the Oamaru electors is the right or wrong of the ex-Colonial Secretary's action in the Ward-Christie case. I notice that their attention is being studiously diverted from the consideration of this vital issue, and I venture to indicate the vast importance of a true decision. The resignation, of Mr Hislop has do significance whatever unless it is to settle this question. What I mean by the independence of the bench is, that all judges, district judges, and magistrates should not be subjected to the influence' of political leaders or officers, or indeed to any power outside the law and the constituted procedure for maintaining the purity of the magisterial courts. If the precedent be allowed to be established that a member of » Ministry, or even the Minister of Justice, iB to be permitted to displace or override the law, or to transgress the legally appointed order for a rigid control over magistrates, then will be opened a wide door for abnse, corruption, and intimidation. If one will only consider for a moment the demoralising evils that have arisen from a disregard to this essential condition.for untainted courts in Ireland during the past and now, he will easily perceive how abundantly necessary it is to prevent its introduction in this young country. Law in that unhappy country has tor this very reason become a "byeword and a reproach." The Oamaru electors have, therefore, a serious duty to perform now, for if they return Mr Hislop they will assert that it is amatterof indifference to New Zealand colonists to preserve the integrity of the bench from political and partisan influences. In so far as the merits of the notorious case that has caused all the turmoil are concerned, I have the opinion of an eminent lawyer before me, and for the edification of the electors of Oamaru, and the public of New Zealand, I will be glad if you will publish it:—" If a judge of the Supreme Court has acted in a case in which he is interested, his decision would be Bet aside by the Appeal Court. If a district judge has so aoted, his decision would be questioned by the Supreme Court. But what constitutes interest has been decided by a long series of cases in EDgland; and it has never . been held that a judge is disqualified from sitting because one or other of the suitors is a debtor or creditor of the judge There ib probably not a single judge or R.M. in the colony who has not sat under such circumstances. Now, what Mr Hislop endeavoured to do was to substitute himself for the Supreme Court. He claimed in the case of his own' client to decide whether the judge ought to sit or not. He eet up this as a right of the Minister of Justice; whereas he, either as Colonial Secretary or Minister of Justice, had nothing whatever to do with the matter; and, as Christie's solicitor, should have been the last person to interfere at all." The opinion which I obtained for my special information goes further into the subject, but I have quoted enough to show the very serious error of the ex-Colonial Secretary. I observe he did in a long speech try to justify his conduct and to condemn everyone who differed from him. He made a mistake for his own interests as a candidate by assuming an aggressive attitude. Had he manifested a little more penitence and less pugnacity, he would have secured the sympathies of many which are now alienated.—l am, fcc, Oamaru, September 25. Justitia. —In Lahore, India, most of the leading Christian pastors are converted Mahommedans, a thing formerly not thought of. —For more than half a century no mayor of New York has been elected for two full terms in succession. —The Pope has appointed Mgr Persico Secretary of the Propaganda for Oriental races. This is the real reason why he will not return to Ireland. The story that be feared he would be killed in Ireland was purely imaginary. A few months ago the King of Eboe died, and the traders from New Calabar, West Africa, found that about 40 persons had been slain to appease the gods, and tliat they had been subjected to the most shocking sruelty. _____