THE HOSPITAL INQUIRY.

Star (Christchurch), Issue 5278, 7 June 1895, Page 2

THE HOSPITAL INQUIRY.

■ OPENING OF THE BOYAL COMMISSION. Dr Giles, the commissioner appointed to inquire into matters connected with the administration or the Christchuroh Hospital, opened the sittings of the o6mmission in the Provincial Council Chamber at 11 a.m. to-day. Mr Walter Leslie aoted as secretary to tho commission. Mr Stringer appeared on behalf of the Hospital and Charitable Aid Departments, Mr Loughrey for the Hospital Board, Mr T. Maude for tho matron of the Hospital, Mr Joynt, with him Mr Hunt, for the various ladies which asked for the inqniry, and which preferred certain charge., and for Miss O&meron • Mr Caygill for the ProgreSbive Liberal Association. , Dr Macgregor, Inspoctor of Hospitals, waß present, bb were Messrs W. W. Collins and G. J. Smith, M.H.B.'s, Dr MurrayAyceley, the chairman and several members of the Hospital Board, and about forty other persons, including a number of ladieß. The Secretary read the commission, which stated that whereas complaints had been made againet the working and management of the Christchurch Hospital, as stated in a letter signed "Tongariro" in the Christohuroh Star of Jan. 22, and whereas it appeared expedient that a commission should be appointed to inquire into the oomplaints, and generally into the working and management of the hospital, his Excellency appointed Joseph Giles to be a commisßioner " for the purpose of inquiring into the truth or otherwise of all said complaints and charges as hereinafter mentioned, and generally to inquire into the- working and management of the said Christchurch Hospital, and in particular into all matters bearing on its preeent condition and the rauses which have directly or indirectly led thereto, including therein the inquiry into snch occurrences, whether recent or otherwise, as may he neoisssary to discover the same." The commissioner was empowered to examine all books, papers, writings, accounts, records and documents nece.sa-y for hie information, and to examine, upon oath or otherwise, witnesses or persona whom he might judge capable of affording any information. He was required to report, within fifty days from the date of the commission (i.e., from May 13, 1895), or aa muoh sooner as could conveniently be done.

The Commissioner said that he would like to take a note of whom the conosel appearing represented. Aa the matter stood at present, the question was guile an open one. There were no parties, unlesj the Hospital Trust, ob be considered as snch. The principal dooument upon whioh they had to prrc.ed was an anonymous letter, and certain sooieties had adopted the greater part of the statements therein. Mr Joynt Baid that he bad been instructed, and with him Mr Hunt, to appear on behalf of the Canterbury Liberal Association, Bullsjice Liberal Association, New Zealand Workers' Union, Canterbury branch New Zealand Bailway Servant.* Society, Women'B Political Qnior, Women's branch Orange Society, Canterbury Women's Institute aud Miss Christina Cameron. Those bodies had presented a petition to the Government aßkiug for a publio enquiry, and had all along understood that the commission had been granted in respot! Be to the prayor of that petition, although the termß of the commitsion eeemed to leave that point open. However, he did not think that matter of any material importance, as long as it wan a public inquiry. He wished to say that he hardly thought that the expression " charges made against public servants " wonld correctly express the matter. He ■ did not understand tbat. hia clients were in the position of prosecutors to indict certain personß. His view was that the public, represented by the Government and the Hospital Board, were the proprietors of this institution, and maintained it partly by rates and partly from the consolidated fond, and that a considerable section of the publio had reason to believe that irregularities had existed for Borne time in tbe conduot of the institution, and had asked the Government to grant an inquiry as to whether such did exist. They did not oome there to sheet home charges to anybody, but simply to state the grounds upon whjoh they had asked for the inquiry, and to produce the persons upon whose statements they believed that irregularities existed. They were not ready to go on with the evidence at onoe, because until the Commission opened they had not been in a position to subpoena witnesses j that rested with the Commissioner, and they would have to ask him to do so. Some of the witnesses were at hand, ani could be prodnced immediately, but others lived at a distance, and some were disabled by illnesß and other causes from attending. He would point out that under the Commissioners' Powers Act, 1867, witnesses' expenses might be certified to by the Commissioner ; but under the Aot of 1872 the Commissioner was not authorised to certify to witnesses' expenses unless he had written authority from the Colonial Secretary to do so. Tho CommieEioner Baid that he had authority to do co. Mr Caygill said that he appeared on behalf of the Progressive Liberal Association, which had taken part in bringing abont this inquiry by correspondence with the Minister, and had had a hand in the meetings held on the subject, and on its behalf he had given notice to persons who might be affected, not of charges, bnt of matters which thai body considered required investigation, and upon which it waß prepared to lead evidence. Ue was id the came position as Mr Joynt as to getting witnesses. On behalf of Mr Joynt and himself he might say that the matters they bad submitted covered very largely the came ground, and, as far as possible, they would arrange bo as not to overlap one another, so that there would be no difficulty on that point. Mr Stringer said that, as Crown solicitor, he appeared on behalf of the Hospital and Charitable Aid Department. He presumed that the Commissioner would give Borne indication aB to the course that would be adopted in the inquiry. Messrs Joynt and Caygill had disclaimed making any charges, but the fact remained that specif! o charges were made, and it would be of importance to know the course that would be pursued. In the printed matter that he had seen they were stated to be oharges — (Mr Caygill : Not in mine)— and they were in the nature of charges. The Commissioner eaid tbat tho documents before him were the same as the printed matter, and the word in Mr Caygill's statement waa " matters." Mr Stringer said that they were distinct and specific charges, and he presumed that the proper course would be for the partieß who supported these charges to lead evidence, and then allow the others to bring evidence. He was appearing for the Department and not for Dr MurrayAynsley, who was the person most interested; but, in the doctor's interest, he thought that the evidence in support of the charges should be presented first. Tho Commissioner eaid that he did not Bee any reason for departing from the usual rule. ' Mr Loughrey said that he appeared for the Hospital Board, and Mr Maude Baid that he appeared on behalf of the matron. Dr Murray- Aynsley said that he was 'not represented by counsel, and appeared for himself. Mr Joynt eaid that in reference to what had fallen from Mr Stringer, he hoped that they were not limited in this inquiry by the heads of inquiry submitted. They had put forward theae matters, not aB a statement of claim or indictment, but with the view of facilitating matters, and as much for the convenience of the parties affected aa for the Commissioner. No doubt in the course of the inquiry other matters, probably of a vital nature, might oome up, and then they would want the right to refer to them just as fully a_ to the matter, already stated. On the face of the by-laws ot the institution matters of great importance would arise, and the bodies he represented wonld olaim to make the inquiry aa

exhaustive as possible in regard, to matters past or present, bo far as they related to the welfare of the institution. He would be sorry for it to be thought that because they had referred to certain matters as fit and proper topic, for investigation, they wonld be limited to those. He would ask the Commissioner to take evidence on any other matters which might arise affecting ■ike institution. It wonld only burke inquiry wero they to be limited to tho 'things whioh had been stated. He eaid __hia that his learned friends might ■not have reason to say that they had been taken by surprise if any new matters were introduced. He asked when the Commissioner would have to report. The Commissioner replied tbat he had to report by July 2. Ho hoped that he would not have to aßk for an extension of time. Mr Joynt eaid that that was in twentyfive or twenty-six days. Half the time of the commission, fifty days, had expired, i This was somewhat extraordinary. j - The Commissioner said that he had been ! obliged to postpone the sitting from nn- j avoidable reasons, and after that, in con- j sequence of a telegram he had received j from Mr Stringer, he had betn led to think that if he came now he would be < down too soon, and he was inclined to put { it off again. Ec found, However, that the J Minister wished it to go on at once, and j he'had accordingly como down. j Mr Stringer said that Mr Joynt had I misunderstood what he had snid. He had j not proposed to limit the inquiry to these j Charges. What he had said had been in ; reference to the mode of procedure. The Commission was in the widest possible terms. There was not the slightest objection on the part of the department to go into any matters that the Commissioner might think relevant. The Commissioner eaid that he was j anxious to make the inquiry as exhaus- } tive as possible, and would rather admit a j little toe muoh than shut out a little too j muoh, but there were certain reasonable j rules to be followed at all inquiries. It I would not do to allow any person at any j Btage to introduce new matter, perhaps I after the evidence on tiie other Bide had j been taken, and so spring a surprise on anyone; but the various bodies interested I were represented by counsel, who would, j doubtleßS, be able to agree with him j as to what was reasonable to be done. He . did not wish to shut out anything relevant. With regard to the position taken up by those societies represented by co/unsel, he could not see any line to be drawn except as between parties who made charges and parties who were oharged. Mr Joynt said that they did not wish to sheet heme charges, and only wished to have -certain matters inquired into, but the same might be said of any prosecutor. If the police prosecuted in a j court, they did not wish to get a conviction j nnlesß the acoused was guilty. He must, ! for the purposes of {his inquiry, look npon | the societies as bringing charges againet ' the persona who had the management of the hospital, and the proper course would be to ask them to bring evidence in support of the matters alleged. If it was inconvenient to counsel to go en to-day, he would adjourn to Monday. Mr Joynt said that that would be eatisfaotory. The Commissioner said that if witnesses were to be subpo._aed by him, ie was necessary that he should know something as to why they were to be called: One was at Greymouth, and if her expenses were to be paid he must be satisfied that her evidence was material. He would point ont that the Commissioner might oall upon any person obtaining a Boyal Commission to find security for witnesses* expenßeß. ' Mr Joynt said that that must refer to such cases as that of an official who wrs aggrieved at hiß treatment by a public department, and not to one like this, in whioh the public, or a section of them, demanded an inquiry. It waa intended to prevent the waste of public funds in support of practically private interests. The Commissioner said that he was not insisting' on his power in this matter, but was merely poiuting out_what^ the Act contemplated. What he meant to infer was, that if this was not done he must haye Borne proof that the evidence of the witnesses, whom it was proposed to subpoena, was material. Mr Joynt said that he would be able to satisfy the Commissioner on that point. The Commissioner said that the inquiry would be adjourned till 10.30 a.m. on Monday. Mr Caygill Baid that on Jane 3 he had written to the Hospital Board for leave to inspect certain letters and documents. The Board, though a body acting for the public, had declined to allow any inspection. It would greatly facilitate matters if this inspection were allowed, and would possibly enable a lot of evidence to be cut out. He asked the assistance of the Commissioner in the matter.

The Commissioner said that he could not make an order to produoe the books ; the only way was to subpoena some officer to produce them. Mr Caygill said that he wanted to facilitate what was to be done at the inquiry by a previous inspection^ The Commissioner Baid that he was desirous that Mr Caygill should have the ■opportunity, bnt he could make no order. Mr Joynt said that they might subpoena the Secretary to produoe the books on Monday morning. Mr Loughrey said that the course suggested by Mr Joynt wad the proper one. Mr Joynt asked if the evidenoe would be taken down in shorthand. The Commissioner replied that it would. If witneßseß were desirous of reading their evidence, they would have to wait or a copy to be made. The enquiry was then adjourned to 10.30 a.m. on Monday. _^