IRISH AFFAIRS

Hokitika Guardian, 11 July 1923, Page 2

IRISH AFFAIRS

AUSTRALIAN AND N.Z. CABLE ASSOCIATION. ART O’BRIEN’S CASE. LONDON, July .» Lord Birkenhead delivered the r< asons why the House of Lords had jurisdiction to hear the Homo *« ore--tnrv make an appeal in Art O’Brien a case. Lord Birkenhead said lhat their Lordships wore not authorised to examine tho arguments in law whergjiv, in the lower courts, tho Attorney-Gen-eral has attempted to justify these piocecdings (the deportations). The incst important rule in connection with, a habeas corpus writ, lie said, was that which lays it down that, if a writ is once directed to issue, and a discha’go is ordered by a competent court, no appeal lies to a superior court. Correlative with this rule was that which permits unsuccessful applica its for a writ to apply from court to court to the highest tribunal in the laMr The Home Secretary, ho said, hntl by forcibly handing over the applicant to the Irish Free State Government, 7 thereby disabled the Court of Appeal ‘ from effectively ordering Afr O’Brien's discharge, and had deprived him of rn ancient constitutional privilege. Lord Birkenhead added that the argument. submitted on behalf of tho Home Secretary was the most remarkable that he ever had heard or read sfrom the lips of an executive in at-'' tempting to pronounce upon the liberty of the subject.