EVENING SITTING.

Star (Christchurch), Issue 3256, 13 September 1878, Page 3

EVENING SITTING.

The House resumed at 7.30 p.m. JUDICIAL COMMISSION BILL. Mr DeLautoub moved the second reading of the Judicial Commission Bill, after explaining that its object was to ascertain by Commission as to the authority of the Judge's of the Superior Courts, and especially as to the authority by which Mr Barton was committed to gaol for one month. He said he thought the Bill was drafted with every care to avoid making any direct or indirect charges against any of the Judges of the Colony. He argued that it was only proper that the people of the Colony should have the power, by means of their representative institution of Parliament, to remove any Judge for misbehaviour by address to the Governor, The hon gentleman argued that •there was no law in England investing Judges with the power of committal. Any powers they possessed dated before Magna Charta, and the Judges contended that Magna Charta confirmed that power, and Blackstone argued. that it was absolutely imperative that Judges should possess such a power, in order to maintain the dignity of the Court. It appeared to him that the power was arrogated by the Judges ; that the Court was the only judge us to what was or was not contempt of court, and claimed the power of inflicting what punishment it might deem right. He contended that such an arbitrary stretch of authority was exceeding unwise. It was in fact a greater power than was possessed by Parliament, and that brought them face to face with the fact that the lesser court exercised greater power than Parliament, the highest court of the Colony. The Judges claim to possess these powers by statute, though he believed they obtained them only by usage, and. if one cose was to be made a precedent for another, they would ba almost certain to reach by a natural gradation of steps the grossest abuses. The hon gentleman argued at considerable length to show the necessity for Parliament watching with the greatest vigilance the powers exercised by the Judges. He failed to gee how the restriction of the present powers claimed by the Judges could in any way impair their independence, The hon gentleman read portions of correspondence between Chief Justice Arncy and Judge Ward, and Chief Justice and Mr Fox, with regard to the admission of Mr Smythies, to show that constitutional law and usage was against allowing a Judge to exercise the power of suspending any barrister unless for malfeasance. The hon gentleman went over the whole circumstances which led to the fracas between Mr Barton and the Judge, and the imprisonment of one month to which Mr Barton was sentenced for contempt, in order to show that, there was justification in asking for an enquiry into the matter. The powers claimed by the Judges arc exactly analogous to the Royal prerogative claimed by Royalty in times past. The bon gentleman spoke for nearly two hours. The Hon J. Shekhax thanked the hon gentleman for the cal'U and remarkably able manner in which he laid the whole case before the House, but, in consequence of the hon. gentleman's speech being of so elaborate a nature, abounding as it did in quotations, authorities, and references, he ttiought ifc would not be asking too much to ask the adjournment of the debate to enable them to see the whole speech in black and white, and linve an opportunity of mastering the particulars of all the charges made. The question was far too important to be dealt with hurriedly. He, therefore, moved the adjournment of the debate till Tuesday next, which was agreed to, all correspondence and papers connected with it, in the meantime, to be laid on the table. {From thn Correitjiondmt of the Lytftlton Tim*».) Wbm,inc4TON, Sept. 12. The debate last night on the Land Tax Bill was far from lively. The majority of the speakers indulged in a good deal of Committee criticism of details, while avowing approval of the principle of the measure. •Mr l'ul lance, in his reply, most strongly objected to this kind of thing, and plainly intimated that the Government would not submit to their measure being emasculated and entirely changed in Committee. It is confidently said that neither the Beer Tax nor the Companies Tax BUU will pass. To-day there was a long discussion over a motion of Mr Green's in favour of a vote for a bridge over the Taieri at Hyde. This served as a peg on which to hang a revived discussion as tv abolition, and member after member plunged into the debate most warmly. It- 4 sufficed to show that the Provincial feeling is oy no means dead, and that there exists considerable dissatisfaction with the existing forms of local government.