AN APPEAL CASE.

Poverty Bay Herald, Volume XLIX, Issue 16175, 11 July 1923, Page 3

AN APPEAL CASE.

' REMARKABLE ARGUMENTS

iElcc. Tel- Copyright—United Press Assn.i lAustrailan ami N.Z Cable Association LONDON, July 9. Lord Birkenhead delivered- his reasons why the House of Lords had no jurisdiction to hear the Homo Secretary's appeal in tho Art O'Brien case. Lord Birkenhead said their Lordships were not authorised to examine the arguments in law whereby in the lower Courts the Attorney-General attempts to justify these proceedings. The most important rule in connection with the habeas corpus writ was that which lays it down that if the writ is once directed to issue and its discharge ordered by a competent Court, no appeal lies to any superior Court. Correlative with this rule Was that which permits tmsuecesseful applicants for a writ to apply from Court to Court to the highest tribunal in the land. Tho Home Secretary by forcibly handing over tho applicant to the Free State Government thereby disabled the Court of Appeal from effectively ordering discharge, and deprived him of an ancient constitutional privilege. Lord Birkenhead added that the argument submitted on behalf of the Home Secretary was the most remarkable he had ever heard or read from the lips of the executive in attempting to pro nounce upon the liberty of tho subject.