An Independent Judge.

Opunake Times, Volume II, Issue 88, 7 May 1895, Page 4

An Independent Judge.

An application was made in Melbourne last week, before Mr Molesworth, Judge of the Court of Insolvency, for an unconditional discharge in the estate of J. B. Davies. His Honor asked if it would not be better to have the case decided by a Judge of the Supreme Court, whose position was permanent, and who could not be interfered with by politicians and friends as a County Court J udge could be. The Supreme Court could judge a case without fear or favor, but when a case was brought before a tribunal like the present one the result might 3be very unpleasant. Mr Davies.refused to withdraw the case from the jurisdiction of the Insolvency Court, and Mr Justice Molesworth gave a written judgment. He affirmed the opinion that Judges of the Insolvency Court should be as independent politically as Judges of the Supreme Court. It was unfair to place him in a position that if ho did his duty he would offend persons who could be unpleasant to him. The present application had been made by one who had been a prominent politician and head of a Government department, and the Judge might be told the State demanded a reduction in his salary, or that he had been long enough in Melbourne, and tbe political head required his removal. In refusing the application of Davies for an unconditional discharge, Mr Justice Molesworth said it was a case of reckless speculation and gambling, and to encourage such things would be destructive to all proper ideas of commercial morality. Premier Turner has instructed the Solicitor-General to obtain from Mr Molesworth an explanation of his remarks, and the matter will be brought before the Cabinet.