NO POLITICS IN COURT

Hokitika Guardian, 7 November 1930, Page 4

NO POLITICS IN COURT

COUNSEL ABUSED

VITUPERATION OF CABINET ALLEGED.

AUCKLAND, November 5. Coal, tramways, political, matters power supply for Auckland and Biblical quotations made up the pot pourri at the Supreme Court this morning during the hearing of the Waikato application for an injunction. Several plaintiffs at Glen Afton sought an order to restrain Glen Afton Collieries, Ltd., from constructing a tramway across what is known as the M’Kinnon property to give access to the Macdonald property adjoining, which it is proposed to develop for power purposes on account of the failure of Arapuni. Mr Justice Herdman heard the application, and Messrs A. H. Johnstone and W, H* Cocker appeared for plaintiffs, and Mr E. H, Northcroft for the defendant com pany.

‘While admitting that Mr Johnstone may have had a cause for action at the commencement of proceedings in September,” Mr Northcroft said, “fifty per cent oif his remarks have been devoted! to vituperation of my client and the> Cabinet.”

His Honour: I don’t know about that Mr Northcroft: He has talked about crafty and iniquitous legislation and has likened my client to Ahab; and, if he has done it facetiously, he has at least done it in the eye of the public.. His Honour: I said I was not concerned with the ethics of the case. Mr Northcroft: In the interests . off the Cabinet something should be said in reply to the criticism .

His Honour: I don’t want that. Perhaps I should have stopped Mr Johnstone, hut sometimes counsel make observations in which I give them some latitude. Mr Northcroft said that in fairness to the Minister of Mines he should have the right to put in a statement which lie had prepared.

His Honour: I cannot allow this Court to be made a political platform. These are observations relating to the history of the matter.

Mr Northcorft: They are criticisms of the Government.

“There are other ways Of replying; than by making use of a formal document,” said his Honour, who r°iterated his determination not to allow the. Court to be made a political platfornu or a place for the making of speeches in justification of any political action.

Mr Northcroft: It is unfortunate that my friend pursued his attack on. my client and on the Government. His Honour: That does not interest, me. It has nothing to do with the caseTlrs matter must be decided on the law; and nothing else. Mr Northcroft: If it had been said- in chambers I would have taken it in the bantering way in which it was -said;: biit as it was said with force in violent language in the eye of the public I cannot allow it to pass: His Honour ruled Jiat he could not allow/Mr Northcroft to read his statement.

Mr Northcroft: Then I shall make the statement otherwise.

The case was then adjourned sine die to allow Mr Johnstone to make further submissions on the legal j osition under the new statute.