THE HINE CHARGES.

Timaru Herald, Volume XIIIC, Issue 14333, 26 October 1910, Page 5

THE HINE CHARGES.

JUDGES DECLINE TO ACT. COMMITTEE TO DEAL WITH THEM. Per Press Association. WELLINGTON, Oct, 25. Sir J. G. Ward this afternoon read the letter he had forwarded to the Chief Justice, setting forth the charges formulated by Mr Hine, and asking him to nominate two Judges to investigate and report upon the charges. The Chief -Justice in his reply/ said that, assuming the charges to be true, they do not come within the provisions of the Legislature Act 1908. None of the charges are charges of corruption, although charge 3 is one of improper conduct. The Court of Appeal had decided in 1909 that a Royal Commission to investigate whether a crime has or lias not been committed was illegal, and that the appointment of such a Commission to investigate an action that was not illegal would be to create a. new offence and would be void. If any member has acted in a way derogatory to his membership, Parliament alone should kieal with him. On these grounds he hoped the House would withdraw its request for Judges to investigate the charges. The Chief Justice states that Lib brother Judges approve of his reply to the Preier's letter. The Premier said he proposed to ask the House to agree to the following motion:— "(1) That a message be sent to the Speaker of the Legislative Council conveying to him the information that a charge has been made by the Member for Stratford against the Hon. J. K. McDonald, M.L.C., so that the Legislative Council might deal with the same. (2) That, the Chief Justice having stated the objections of all tho Judges to accepting the proposed Commission, to investigate Mr Hmo's charges, the order of the House referring the same to a Commission of Judges be rescinded, and that the charges, with the exception of the one relating to the Hon. J. K. McDonald, be referred back to the Committee set up to deal with them." Tho Premier said the letter of the Cliief Justice showed that the course proposed was the proper one for the House to adopt. Mr Massey aid he regretted tlutt the Premier had not agreed to have the charges referred to the Commission of .Judges when they were first made. The House Itad got into an awkward position. He was anxious to see the matter cleared up during the present session, consequently lie would offer no objection to the motion. He hoped when the matter was again before the Committee it would get a more impartial treatment from the chairman than was the case when the matter was before the House last. Mr Hanan said he considered Mr Massey's remarks unwarranted. He had been quite impartial in his speech, which was borne out by the letter of the Chief Justice.

Sir J. G. AVarcl said he would never have agreed to the matter being referred to the Judpes before being dealt with by the House. He was anxious to see the matter referred to the_ Committee, and he believed the chairman was quite impartial. Both motions were agreed to.