OUR LAW REPORT.

Gisborne Times, Volume XXIX, Issue 3233, 1 June 1911, Page 2

OUR LAW REPORT.

JUDGES AND COMMISSIONS.

MR. MASSEY’S VIEWS. ,

“In/connection with our law Courts we seem to be going back to improper and undemocratic methods,” said Mr. Massey, at Waimate, recently. , Mr. Massey remarked that- be had had a little experience of law Courts recently, but it did not affect his opinion in the slightest. “I am speaking under a, strong sense of duty,” Mr. Massey continued, “and I am speaking in regard to what is known as the ‘Secret Case’ in Wellington recently. The principle I believe in is that every citizen is entitled to a fair trial and in open Court—(applause)—more especially where a man’s liberty is concerned. Tliis was such a case, and it has not been in open Court. It is a matter which will' have to he taken firmly in hand by Parliament.” “There is another point,” Dir Massey continued. “One of the principles of our constitution is that a Supreme Court Judge or- a Magistrate should be paid sufficient to maintain him in comfort and'make provision for his declining years. That is the system which is supposed to be acted upon, and it is also understood that when a Judge takes a position on the Bench he is not to expect anything in the way of reward or be afraid of any punishment in connection with any act of his. That is a principle which should be strictly adhered to, but it has been departed from in respect to .at least one Judge on the Bench, who during the last few years has received large sums of money in addition to his £2OOO a year and travelling expenses.” A voice: “Name him.” Mr Massey: Sir Robert- Stout. Now, if that sort of thing is to he continued then we are going to have the independence of the Bench of Justices sapped. It will be the duty of Parliament to provide that it will not be possible for any Judge to receive any payment in addition to his salary from the Government which happens to be in power.” The position of the magistracy, Mr. Massey continued, was similar, but a little more complicated, because magistrates’ salaries were voted by Parliament. It was necessary to make the Bench of Justice absolutely free and insist on its independence and an open Court. He hoped that, the country would back him up when the matter was before Parliament. Magistrates were appointed at times for political reasons, and he would suggest that no appointments should be made without the approval of two Judges of the Supreme Court.