THE HINE CHARGES.

Timaru Herald, Volume XIIIC, Issue 14324, 14 October 1910, Page 5

THE HINE CHARGES.

THE PREMIER'S VOLTE FACE,

"A. BOLT FROM THE BLUB." JUDGES TO INVESTIGATE. Under the heading of "A Colt from the Blue," the Wellington "Post" gives a report of the discussion which followed Sir Joseph Ward's motion on W ednesduy to refer tho charges to two Judges. After our remarks upou tllo question of representation by cuunsul, the report goes on a.s follows: Sir Joseph Wajd: I think in view of the fact that Air Hme has now given tho names and the cases —which 1 was very anxious to obtain in tho House, where 1 said I was prepared to have a public enquiry—l am of opinion that it would be far better now that a Commission should be set up to refer the matter to the Supremo Court, as was originally asked by Mr lime. I had in my :nind all the time that the moment wo l'Jjl the charges we should reier the matter to tho Supreme Court. Under ordinary circumstances a committee of members of the House is the right bed}* to enquiro into any charges against members, but I recognise that .11 cases of tho kind now on record it might hi open to the imputation that a committee of members ol Parliament may not go exhaustively into tho matter and give an unprejudiced report. While I am of opinion that members of the House are the right men to select from l.c enquire into charges against other members, 1 personally wouid prefer to see the matter referred to two Judges of the Supreme Court. I would like to move accordingly :

"That now thai, the lumies of the cases have been submitted by Mr liine, the committee recognise that tliev should berelerrrd to a Commission—a Jloytil Commission I suppose it would be—consisting of two Judges of the Supreme Court, to

investigate and report." That removes all. possibility of doubt as to legal gentlemen being allowed to appear. I think it is the best course to follow. Personally, 1 am anxious to see this business concluded before the end of the session. I have my own doubts about the committee being able t-o conclude before Ihe end of the session. The procedure here would be very long If we want to get finality —and it is in the interests of the country that wo should —it is the best course, now that wo have the names and the cases, that we should report to the House and recommend that a Royal Commission should be appointed to investigate and report. Mr Massey said it was very well known that he had been in favour .'f having thesp matters referred to two Judges from the very first. He had stated in the House that he liad mucli mora confidence in two Judges than in any Parliamentary Committee. It was absolutely impossible to keep party away from any surh committee. However, Mr Massey submitted that the eoursu suggested by the Prime Minister hud been sprung on the Committee in tho way of a surprise, lie. urged that Sir Joseph Ward should allow his motion to stand over for a day so that the members would have an opportunity to think it over.

Sir Joseph said -he had no objection t'o- giving notiup. Accordingly, ha stated that he would move ijis proposal at 10 o'clock the following morning. Sir Joseph finally s:iid that a coinmission could not have been set u-o till the Committee got the names the persons concerned in the charged. It was decided that a. copy of Mr Hine'.s statement should be sent tq each of the persons named.

THE COMM iT'J'EE CONCURRED. Per Press Association. WELLINGTON", Out. 13. At the meeting of the Him? Committee this morning, Sir Joseph Ward said he was of opinion that liis motion was in the right direction. Looking at the whole position he thought it was in the interests of the country that the matter should be referred to two Judges. He spoke of the eriti. cism by Opposition journals to his attitude to having a committee set up, and said lie would have proposed a commission of two Judges at the outset had deiinite charges been made. Tiien again the committee was not justified in dealing ivith a member of the other branch of the Legislature. He personally did not desire to participate in the hearing of these matters, but the Government courted the fullest inquiry. He moved his motion to refer the matter to two Judges. j\lr Massey said lie favoured this course as it had been his opinion from the outset. Ho thought the only tribunal free from party was that of the Supreme Court Judges. The order of reference for the new tribunal should be considered. He referred t-o the Ohincmuri Licensing Commission, which it was found had no jurisdiction, and he asked ill" l'rime Minister to ask the Crown Law Department to seo if the commission would have jurisdiction. Sir .Joseph Ward agreed to do so.

Mr Massey, continuing, spoke of the discussion in the House regarding the constitution of the Gojiimipsion, to which Sir Joseph Ward replied, explaining his attitude. As the Government was thoroughly clear on the question, it wanted the fullest inquiry by ail independent tribunal. Mr Allen said that Mr '.Mine had offered to give names ii the Government ■would set up a commission of judges. He asked, if any oilier charges were to be made by members, that they should he made publicly as Mr H'ni> had had to do.

Sir Joseph Ward said il.at ii it was found the had ue jurisdiction, iK! would mlnxlm":- tho nino.-sary legislation to remedy this. As soon as the matter was referred to thi> House lie troulij write to tins Chief Justice asking lxiai to appoint two judgefl. in reply to Mr Mnssoy, Sir Joseph said lie was not fzoitiji to appear ns .1 prosecutor, but, that there were certain matters which were now being inquired into which might result in other charge?- being made. On the motion of Sir Joseph Ward, it was decided to recommend to tlio House fhat a Commission of judges bo appointed. Sir Joseph Ward mentioned that na he was 'leaving for the south to-night, lie would bo glad if the discussion on the matter in the Hou«o could be delayed till his return. TTo was particularly anxious to hare the Waterworks Bill put through, and it was impossible to deal with both beforo his departure. Some demur was raised to this, and eventually the Committee adjourned, the understandim: beinir that tile matter would fro before tho House in the ordinary course. Sir Joseph Ward expressing his willingness to postpone hir, trip to ensure tho matter being hur> ried up.