INDEPENDENCE OF THE BENCH.

Otago Daily Times, Issue 10361, 16 May 1895, Page 3

INDEPENDENCE OF THE BENCH.

Press As3pcfation—By Telegraph—Copyright. Melbourne, May 15. , , Judge Molosworth, in repljing to Mr , Turner (the Premier) in reference to the remarks he made 'from the bench in connection with J. B. Davies's insolvency, says lie spoke in the public interest. It was not for the public interest that an insolvency judge shonld be subject to a dependent position, and that there should be reasonable ground for the pnblic to fear that in doing what he believed to be his duty he might be acting against his own interests byoffendiDg influential; members of Parliament. ..In cities there were numbers of cases where such members, with wide-reaching social influence, became insolvent for amounts ranging over a million, and the judges had to decide all cases without the intervention of a jury, thus urging a strong plea in favour of making tbe Insolvency Court independent of political influence. Hia. Honor further says that the statement on the subject of. judicial independence was signed by all tbe County Court judges and presented to the Government last August, but up to the present had not been answered. He also stated that in applying for sick leave he was treated as a malingerer, and that in December last steps were taken by the Solicitor-general to remove him from Mcl- ' bourne, but afterwards abandoned. In conclusion, he says it certainly appears to him that there are good grounds for believing thnt the public, who are the sufferers, where members of Parliament are concerned, might; not believe that a judge in such a position is able to dispense impartial justice without fear, favour, or affection.