Judge and Government.

Opunake Times, Volume IV, Issue 177, 13 March 1896, Page 3

Judge and Government.

Juclge Barton of the Validation Court read to the Gisborne bar correspondence between himself and the Government, in which he complained that they had made a stoppage from his pay in such a manner as to interfere with his judical independence, and that he refused to sit as Judge under such conditions. The Judge stated that oa February 24 the Government undertook to reply to his remonstrances in a day or two, but had failed to do so. In his statement he alleged breaches of faith with him by the Native Minister, which breach he said it could be proved by a letter of the Hon Mr Carroll's, in which that gentleman undertook that, unless faith was kept- he would leave the Ministry. With reference to Judge Barton's statement at Gisborne, the N.Z. Times officially states that the payment stopped was not his salary but merely a proportion of the travelling expenses while the Judge was absent from the Colony. This is following the regular style. Mr Carroll's statement that he would resign had reference to Judge Barton being appointed to administer the Act and nothing else. The Judge wrote that unless the money was forwarded he would not open the court, and the Government informed him if he persisted it would take legal steps. Judge Gudgeon had been acting in Barton's absence and if the latter maintains bis attitude he will be asked to continue.

A special to the Napier Telegraph gives further particulars in refereuce to the difficulty between Judge Barton and the Government. It seems the correspondence arose over £2B which had been deducted from the Judge's travelling allowances for January when he was away on leave. Judge Barton says his commuted travelling allowance (£250) is such only in name, and was intended to bring his salary up to £IOOO a year. He says : " Throughout the two years which I have presided over the Validation Court the department have kept up an uninterrupted series of contests with me, which greatly impeded the progress of my court, and nearly paralysed it altogether. The struggles forced upon me seriously impaired my health, so that I was compelled to ask for leave of absence." He goes on to say, " If the Government declines to make arrangements with me for my resignation, and carries out its intention to make the proposed deduction from my salary, I shall regard their action as a declaration of their determination to continue during the year their wanton attacks on me." The Judge announced that he would decline to carry on the court under the deductions made in his salary, which interfered with his judicial independence.