The Manawatu Times. SATURDAY, OCTOBER 5, 1878.

Manawatu Times, Volume III, Issue 103, 5 October 1878, Page 2

The Manawatu Times. SATURDAY, OCTOBER 5, 1878.

Tarn, result' pf the second reading of the Judicial Commission Bill is deeply to be regretted, and its" fate wust be m a #reafc, measure attributable to the Bill bfing viewed somewhat m the shape of a r«6ntest between the' sympathisers with M™ Baeton vri hi» tr>»Lmf>nt by •Tudges .Prbudbrgast and Richmond, arid those holding different opinions. Although; there is very little likelihood of aiiy of the occupants of the Supreme Convt 'Bj'noh: usiiig tlipir pqwers to the ext 'tnt ' poinfce'd out by Sir George, G-?et, still; m the struggle with the tuernber for it must be admitted Judge JRiCHM6iri>; did not show to adi ■y unlagef. Grcanted that a contempt of court; >yas eorainitted, and it was necesry to administer a punishment, we hold that by the coin inifctal to gaol of Mr Barton for iwenfcy-fohr, or even six tfourfci fch'e honor and dignity of the Btih?h -^otild have been jiqaally nlitiniained as if the term were one • month. That Mr Babton cpurte4 BPJtne penalty

we do not deny, but m sentencing him to one month it was quite evident some other motive was the incentive than maintaing the honor of the Court. The action of the Bench on that occasion was open to animadversion, and led the public to believe that the Judge m his official capacity made use of the powers at his command to indulge his private feeling. Although, however, the member for Mount Ida has failed m his endeavor to have a Commission appointed, he has done much good by provoking an exhaustive and healthy discussion and ventilation of the subject, and as the Wellington "Chronicle," m an able article on the debate, points out, the almost universal opinion of the ablest men m the House was that the powers of the Judges m committing persons for contempt of Court should be defined by statute, and not left to the discretion of the Judges themselves. The decided expression of these views will be echoed far and near by the Press and the people, so that a healthy and vigorous public opinion will be called into existence on the subject, which cannot fail to have its influence even upon the Bench itself. The Bill introduced by Mr Db Latttotjr, after providing for the appointment of the commissioners, m the fourth clause proceeds to define the duties of the members of the Commission. The clause has live sections : the first, power to examine as to the rights of the Judges to imprison, &c. ; the second, the relative positions occupied by the Parliament and the Judges, and what control the Governor or Parliament can exercise over the Judges ; the third deals exclusively with Mr Barton's imprisonment ; the fourth was to examine with regard to the fees of the Supreme Court; and the fifth, asking the Commissioners to report upon the aforesaid subject of inquiry. As we said before, the Bill was defeated on its second reading by a majority of six, nevertheless the eloquent and exhaustive speeches made upon the measure will not be barren of result.