MR. HIKE’S CHARGES.

Taranaki Herald, Volume LVIII, Issue 14346, 26 October 1910, Page 6

MR. HIKE’S CHARGES.

JUDGES REFUSE TO ACT. Per Press Association. WELLINGTON, Oct. 25. In the House of Representatives today Sir Joseph Ward read the letter forwarded to the Chief Justice setting forth the charges formulated by Mt. B. Hine, M.P., and asking him to nominate two judges to investigate and report on the charges. . The Chief Justice, in his reply, said that, assuming the charges are true, they do not come within the provisions of tlie Legislature Act, 1908. None of the charges arc charges of corruption, although one charge was one of improper conduct. The Court of Appeal had decided in 1909 that a Royal Commission to investigate whether crime has or has not been committed was illegal, and that the appointment of such commission to investigate an action that was not illegal would bo to create a new offence, and would be void. If a member has acted in any way derogatory to his membership, Parliament alone should deal with him. On those grounds he hoped the Jlouso would withdraw its request for the judges to investigate the charges. The Chief Justice states that his brother judges approve his reply to the Premier’s letter. The Premier said he proposed to ask the House to agree to the following motions; —■

(1) Tli at a message be sent to the Speaker, convoying the information that a charge lias been made by the member for Stratford against the Hon. T. K. MacDonald, M.L.C., so that tlie Legislative Council might deal with the same.

(2) That the Chief Justice, having stated tiie objections of all the judges to accepting the proposed commission to investigate the Hine charges, the order of the House referring the same to a commission of judges be rescinded, and that the charges, with the exception of the ono relating to the Hon. T. K. MacDonald, he referred back to the committee set up to deal with them.

The Premier said the letter of the Chief Justice showed that the course proposed was a proper one for the House to adopt. Mr. Massey said he regretted that the Premier had not agreed to have the charges referred to a commission of judges when they were first made. The House had got into an awkward position. He was anxious to see the matter cleared up during the present session. Contequently, ho would offer no objection to the motions. He hoped that when the matter was again before the committee-it would get more impartial treatment from the,'chairman than was the case when the matter Was before the Hotiso last.

Mr. Hfinan considered Mr. Massey’s remarks unwarranted. Ho had been quite impartial in his speech, which was •jOrne out by thq letter Of the Chief Justice. Sir Joseph Ward said he would never havo agreed to the matter being referred to the judges before being dealt with by tlie House. He was anxious to see the matter referred to the commit, tee. Ho believed the chairman to bo quite impartial. Both motions wore agreed to.