THE ST. HELENS HOME INQUIRY.

Dominion, Volume 6, Issue 1708, 27 March 1913, Page 6

THE ST. HELENS HOME INQUIRY.

CHARTS & CASE BOOKS. THE TERMS OF INSPECTION. LIVELY PROCEEDINGS. (By Telegraph.—Press Association.) Auckland, March 26. The parties concerned in the St. Helens Home inquiry were called together this morning by the Commissioner (Mr. C. C. Kettle, S.M.). Mrs. Nicol appeared in support of certain charges which occasioned the inquiry, while Sir..A. E. Skelton appeared for the Timber Workers' Union, and Mr. Mays for tho Department. His AVorship referred to the receipt of a letter from tho secretary of tho union and the friendly societies' organisation. stating that some of the older members of the committee were prepared to givo evidence in reference to the question of tho ostracism of their medical officers. His Worship said that he hpd noticed that a cflpy of that letter hud been published, and he would liko to know by whoso authority. Mrs. Nicol: I handed a copy of that letter to the press, your Worship. The Commissioner ruled with . reference to the letter that his commission, did not pqrmit him to inquire into tho differences between the British Medical Association and the friendly societies' doctors. Mrs. Nicol: I cannot think that, in the face of tlio interests of the community and the interest of justice, you will override the application to have theso witnesses called. Mrs. Nicol concluded, somewhat dramatically, as follows:—"This Dominion is crying out for its cradle's to be filled, but, not being content ltith merely, allowing these to remain empty, it is allowing tho very mothers to be taken too." • • The Commissioner: This letter from the friendly societies deals with a longstanding dispute. My commission does not directly, or indirectly, authorise me to deal with that dispute, and I finally rule that these witnesses are not necessary. Reverting to the ruling given by Mr. Justice Cooper concerning the inspection of documents, the Commissioner said that his Honour had ruled that auy communication made by patients to tho medical officer, either directly or through'tho. matron or nurses, were private. If. however, entries in respect of which application had been made for the right of inspection were not communications by patients to medical officers, the discretionary power rested with the Commissioner. He asked if Mr. Skelton desired to make nny application in connection with tho Supreme Court's ruling. . ,

Mr. Skelton fonmally renewed his anplication for leave to inspect all books and chslrts of St. Helens Some. Mr. Mays asked his Worship to exercise liis discretionary power and refuse, on the grounds of public policy, to allow the private documents of tlie_ institution to bo looked at by outsiders. " The Commissioner said that ho would admit the records, but would prohibit the reading of any entries of communications made by patients to tho medical officer. .Mr. Mays said that he had authority for stating that the production of .those documents would be prohibited 'by the Minister on tho grounds'of public policy. Ho would put in the box the head of tho Department in Auckland to state that it would be contrary to the interests of public policy to allow them to be inspected by ail outsider. The Commissioner 1 (in tones of surprise): Do you suggest that I am to bo bound by the Minister's decision? Mr. Mays: If the Minister takes objection, I have indicated that it is final. The Commission6r:--This is the first time you have told me that you hold in your hand the authority of tho Minister. Mr. Skelton: I shall not be'satisfied with having an under-officer placed in tho box to 6ny that an inspection of the documents would be harmful to public policv. The Minister should stale that himself if the obiection is to hold good. The Commissioner (to Mr. Hays): If voii had in your pocket that authority living a final answer to tho application, what was tho use of going to tho Supreme Court? , V Mr. Mays replied that he had mentioned that aspect of the question to Mr. Justico Cooper, but the latter decided that iti was beyond his scope to deal with. The.Commissioner: I ask you, Mr. Mays, if you positively hold an instruction from the Minister stating that he objects to' inspection? . Mr. Mays replied in the affirmative, and read a Ministerial telegram, which stated inter, alia: _ . "I am distinctly of opinion that it would bo (detrimental to tho public interests' to allow documents containing the family history of patients to bo made available for general inspection." Mrs. Nicol queried whether the telegram had come_ from the Minister or from Dr. Valintine.

3lr. Mays suggested that tlie matter should he-held over pending an inspection of the hospital books by the matron and himself, which could he made whilo Jlrsi Nicol- was giving her intended address to tlid Court. This course was agreed to, the Commissioner urging the parties to expedite proceedings, as his report had to be presented by the end of the present month. _. Tho inquiry was subsequently adjourned till to-morrow.