A DEFAULTING M.P.

Gisborne Standard and Cook County Gazette, Volume III, Issue 309, 8 June 1889, Page 2

A DEFAULTING M.P.

Vf THEBE AN INEQUALITY IN THE LAW 1 Sydney, June 6. Considerable interest is taken here in the case of Mr J. Davies, C.M.G., who got his accounts wrong while a member of the Casual Labor Board. One solicitor gave his opinion that a prosecution would not hold good, but impelled by the force of public opinion the Government have referred the matter to another solicitor, who advises a prosecution.

The above peculiar ease has been fully explained by our Sydney correspondent. In reference to the first legal opinion given, one journal sayslt surprises no one to hear that Mr Pilcher has expressed the opinion that Mr John Davies, 0.M.G., cannot be prosecuted. The eminent counsel says that Mr Davies’ position as Chairman of the Casual Labor Board did not bring him within the provision of the law under which a prosecution could be sustained. Exactly so. The average citizen, however, will probably infer from this decision that in New South Wales there is one law for O.M.G.’s and another for clerks and common folk generally. The decision practically means that any person who may be appointed to a position like that lately filled by Mr Davies may use any funds that have been entrusted to him for public purposes in whatever way he chooses, and he cannnt be called to account for misappropriating the same if he returns the cash to the Government. This may be in accordance with the law, but if it is the general feeling, we think, will be that the law is even more extraordinary than anybody supposed. It may be hoped that the matter will not be allowed to rest here. The report of the Casual Labor Board Inquiry Commission is so damaging to Mr Davies that both Houses of Parliament should thoroughly discuss it. Perhaps it is just as well that Mr Davies is not going to be prosecuted. For if the public believe that the charges brought against him in the commissioners’ report ware malicious and practically baseless, the effect of a prosecution would be to cause Mr Davies to be regarded as a martyr; whilst on the other hand, if the public believe him gqilty, he is politically and socially ruined.