The New Zealand Times. (PUBLISHED DAILY.) SATURDAY, DECEMBER 14, 1878.

New Zealand Times, Volume XXXIII, Issue 5528, 14 December 1878, Page 2

The New Zealand Times. (PUBLISHED DAILY.) SATURDAY, DECEMBER 14, 1878.

We yesterday published the very lengthy and exhaustive letter from the Colonial Secretary to Mr. G. E. Barton, relative to the charges made by the latter against the Chief Justice and Mr. Justice Richmond. The Colonial Secretary expresses regret that there should have bean some delay in replying to Mr. Barton’s communication; but the reason given is obviously a good one. It was “ occa- “ sioned mainly by the Government “ making a searching inquiry into the “ charges, and by the time that was “ necessarily ■ spent in obtaining the “ documents and papers relating to “ them.” We do not purpose making any lengthy comment on this reply. The public have had ample opportunities for becoming acquainted with the charges which Mr. Barton thought fit to make, and the Government following, as we understand, the course suggested by him, have made full preliminary enquiry. Whether Mr. Barton be satisfied or not with the result, he must at all events admit that the letter shows a great deal of trouble has now been taken to sift the merits of this exceedingly painful and disagreeable affair. The conclusion arrived at is that the Government will not move further in the matter, and the Colonial Secretary regrets that the charges were over made, and ventures to think that Mr. Barton will yet acknowledge that they were made either under some temporary irritation, or without due consideration. We have no doubt that these charges were honestly brought under a deep sense of fancied wrong, but from our knowledge of the complainant’s public character, we imagine that the more Mr. Barton thinks over the matter the more strongly he will be wedded to his opinion. That he is a clever, amiable, upright man there can be no question, but all these claims on the goodwill and esteem of the public are no safeguard against the continued full force of what we must regard as a very strange delusion. Unfortunately for Mr. Barton he appears to have an antipathy to Supremo Court Judges, contact with them speedily raises in him a spirit of opposition, and he fails altogether to see that where they differ from him the divergence of opinion may be, and doubtless is, a genuine one, and that, as the Colonial Secretary remarks, “ it is “ not the function of the Executive of “ the Colony to act as an appellate tribunal. If the Judges decide contrary “ to law, ample machinery has been pro- “ vided to have their decisions reviewed.” There has been in some quarters an impression that Mr. Barton has been hardly dealt by, but a calm consideration of all the facta has led us to the conclusion that he has no substantial grounds of complaint, and that the two Judgea who have unfortunately fallen so grievously under his displeasure have treated him throughout with great kindness and courtesy. We can hardly imagine that anybody with the slightest knowledge of the Chief Justice and his brother Judge cau really suppose them capable of the graver imputations which have been so freely oast on them. The sentence of imprisonment for contempt was not pronounced until there really appeared some danger that the public business would bo seriously impeded, and the character of the highest court of judicature lowered in public estimation. It seems to us that the Judges had no option in the matter. Mr. Barton could scarcely have expected that his conduct would be suffered to go unpunished, and it must be borne in mind that ho offered no submission, or nothing, at all events, which was worthy tho name. In what other way could tho Judges have acted 1 Had they allowed Mr. Barton to walk out of the Court glorying, as it wore, in his offence, he would have remained master of the situation, and tho Judges would have rendered themselves ridiculous in tho eyes of the country. Nor do wo think that tho term of imprisonment was too long. It was necessary that the punishment should bo exemplary but not vindictive, and the sentence appears to have fairly met those conditions. A good deal was said at tho time about tho risk of leaving such largo and undefined powers iii the hands of the Judges. It was urged that out of mere wantonness or tyranny men could be imprisoned for life, without there being any power to review the sentence. Tho Premier was shocked at the idea that such an injustice might at some time or other be perpetrated, and ho waxed eloquent on tho subject. But, wo would ask, is there in reality any such danger ? Is not public opinion a sufficient safeguard, and is it not true that if a Judge were so far to forgot himself lie would speedily be removed and tho prisoner released? tt is obviously ridiculous to suppose that in those days the power of imprison meat for contempt could ever be abused

to any considerable extent. The opinion of the profession with regard to tho whole of this case has been very clearly expressed. Mr. Barton’s fellow practitioners hold that the Judges have throughout been in the right, and he in the wrong. We do not know whether Mr. Barton will desire to pursue the matter further, but he can scarcely expect to succeed, and can certainly do nothing more till Parliament meets. We sincerely trust that he will see his way to accept the decision of the Ministry as final. It may be asked whether after these charges have been made the Judges should not be put on their defence. That certainly was the view taken by many members of tho House who did not for one moment believe that there was any case whatever against the accused. We do not see that any good would result from tho adoption of such a course. Very strong grounds should be shown before a Supreme Court Judge is called to account for his conduct on the bench, and now that these inquiries have been made by the Government, tho public will, we feel sure, be fully satisfied that nothing would be gained by going further.