APPEAL COURT.

Gisborne Times, Volume XXVII, Issue 2626, 7 October 1909, Page 5

APPEAL COURT.

A SUSPENDED CIVIL SERVANT’S

APPEAL

I'Prr Press Association.l WELLINGTON Oct. 6

In the Appeal Court, before Justices Williams, Denniston, Chapman, and Edwards, the case l Reynolds v. Attor-ney-General is being heard. The appellant is a civil servant in the Customs Department ofi 25 years’ service, who was suspended last June, pending ceri: in charges of misconduct by a Board set up to inquire into the allegations. Appellant was too ill to attend, but was represented by a solicitor, who produced the medical certificate of appellant’s illness. The Board, however, refused to allow the solicitor to appear on his behalf, and heard evidence in support of the charge, and reported thereon to the Governor. Appellant then moved the Supreme Court for a writ of prohibition or certiorari, or declaration that the report was null and void, on the ground that the Board was bound to exercise its functions according to national justice, one of the fundamental canons of which is that a man cannot be condemned unheard. Mr Justice Cooper decided that the Court had no control over the Board. From this decision appellant appealed. Messrs Williams and Ostler appeared for appellant, and Mr. Myers for respondent. Mr Ostler contended that the finding of the Board was a decision that certiorari could be issued, and that the Court had power to declare! the report null and void.

In the Reynolds appeal case, counsel went on to argue that the case rested on broader grounds than the private rights of the appellant. A farreaching principle of constitutional law was involved. The public of the Dominion looked to the Supreme Court to protect it from the growing power of the Executive. The Chief Justice of England had stated that it was the function of the High Court to stand between the people and the arbitrary power of the Executive. If the Court in this case had not control over the Board, any person entering the Civil Service lost the most cherished part of his rights, and was at the mercy of any two persons the reigning Government might like to appoint. The hearing of the case was adjourned.