PROTEST MADE

Evening Post, Issue 37, 12 August 1936, Page 16

PROTEST MADE

PERSONAL PETITIONS

REPORT IN HOUSE

COMMITTEE'S POSITION

A protest against being asked to deal with personal petitions which frequently come before it involving questions which should be settled by the Courts, was made in the House of Representatives yesterday afternoon by

the Ato L Petitions Committee, through its chairman, Mr. P.-.W. Schramm (Government, Auckland East). .

In reporting on a North Auckland petition, the Committee made no recommendation, and Mr. Schramm stated that this and similar petitions were virtually ' asking a Parliamentary Committee. to become a court of appeal from decisions of Judges and I Magistrates. While members recogjnised that every citizen had the right to petition Parliament, some petitions were vexatious. and frivolous, and others required a Committee to sit in judgment on the decisions of the courts. Perhaps, he added, Mr. Speaker would make a pronouncement that such petitions should be dismissed.

The Rt. Hon. J. G. Coates (National, Kaipara), discussing the petition on which the Committee was reporting, explained it as a case of a man with a high reputation in his locality becoming involved in a difficulty with a neighbour. There was an altercation, and it was alleged that the petitioner hit his neighbour on the head with a shovel, though this was strongly denied. There were no witnesses. However, the petitioner was found guilty with a strong recommendation to mercy, and was imprisoned for one month.

"I hope the day will never come when this petitioner or any other will be prevented from approaching Parliament," declared the Prime Minister (the Rt. Hon. M. J. Savage). Mr. Savage added that he knew the difficulties of Committees, but still the same old point arose. of "let the peti-

tioner be heard." He.came to Parliament when his legal remedies had been exhausted, and however small his case, he had the right to approach Parliament. ■ Therefore, no matter whether it was inconvenient or not, he would not be a party to destroying that right.

Mr. Schramm pointed put that in this case the petitioner could have ap- . pealed against the verdict to the Court ; of_ Appeal, and he could, also have ap r . pealed to the Governor-General in ■] Council. He did neither. It was not right that a Select Committee should be asked to set aside any judgment of a properly constituted Court when the petitioner had not exhausted his right of appeal. MR. SPEAKER'S OPINION. Mr. Speaker (the Hon. W. E. Barnard,. Napier.) said that in view of the remarks of the Committee Chairman, he considered that, the Committee could report that it had no recommendation to make because the" peti-j tioner had not exhausted his legal remedy. He felt that a considered rulini? would * necessary' on the points raised. The Minister'of Education'(the Hon. P, Fraser) suggested, that this would necessitate a resolution of the House. It introduced a new feature altogether. Mr. Speaker: I would say without hesitation that it is the established rule of Parliament in this country and in England!, and in every Parliament of the Empire, that if a petitioner still has legal remedies open to him, he cannot avail himself of the privilege of apn°al to the House. "What if he cannot afford to take those remedies?" asked Mr. Fraser. "He still h»s a coui'se open to him," replied Mr. Speaker. The discussion ended by the House accepting the Committee's report—"no recommendation." ARE YOU EATING SUFFICIENT? Your body needs more food in cold weather.' A healthy appetite is impossible if nerves are not in order. Upset stomach nerves prevent enjoyment of food and proper digestion. Marshall's Fospherine soothes unstrung nerves and nourishes the whole nervous system. "Marshall's" contains phosphorous, which your nerves need. There is only one Marshall's Fosphcrine. sold in six-sided carton. Tjarsje size--2e 6d, all chemists and storis.—-Advt.