PRIVY COUNCIL JUDGMENT

Otago Daily Times, Issue 14280, 31 July 1908, Page 5

PRIVY COUNCIL JUDGMENT

MR CRICIv DEFEATED. Press Associ&tion-By Telegraph-Copyright. LONDON, July 29. The Privy Council lias allowed the appeal in the case of W. P. Crick (oxMinister 0 f Lands) v. Harnett (Sergeant-at-Arms in tho Nov/' South Wales Legislative Assembly), overriding the defendant on tho demurrer, and dismissing the action with costs. In July 1906, tho Assembly adopted a resolution suspending Mr Crick from attendance until lie had undergone his trial in connection with the New South 'Rales land scandals, and on refusing to comply ho was removed by tho Sergeant-at-Al'ilis. He then brought an action against tho Scrgeajit-at-Arms for assault in connection with his removal from the House. The defendant pleaded that he was acting under tho Standing Ordere, and the Full Court gave judgment for the plaintiff on' the demurrer. Tho defendant then appealed to the Privy Council, with the above result, Tho Full Court gave judgment on March 15, 1907, in tho case of Crick v. the Sergeant-at-Arras for assault in removing Crick from tho House under a Standing Order specially adopted to deal with the plaintiff's expulsion. Tho Chief Justice held that tho fact, that «■ criminal charge was ponding, against a member in no way affected the course of business in the Chamber, was in no way an obstruction of business, and in no way affected the orderly conduct of tho House. How, then, could the House stop in and say a charge, o! which tho plaintitf might be innocent or guilty, had 'been brought, and therefore suspend him until his innocence was established, and so ignore tho rights of his constituents and disfranchise them? Judgment must pass f° r 'he plaintiff. Mr Justice I'ring dissented from the judgment, holding that the Standing Order had the force of Jaw, and that (lie court had no Tight to inquiro inio its validity. If the court had this power it would take from; the Assembly the'ponor of regulating its twines?. In May, 1907, Hie Firfl Court granted tho Speaker -and Sergeant-at-Arms of (he Legislative Assembly leave to to the Privy Council against; the court's decision.