A JUDGE STEPS DOWN

Otago Daily Times, Issue 24403, 14 September 1940, Page 12

A JUDGE STEPS DOWN

court reentry into politics drjh. v. evatts action; (From Our Own Correspondent) , : 'V.-' s/, .--SYDNEY,' Sept. ,v 5. A dramatic development in the .-''.us-, trallan flection campaigti is..the* r.esig-; nation from the High Court Ben<jh of: Mr: Justice Herbert vere Evatt id contest the Barton (Sydney) electorate as an Official Labour Party candidate. Now only 46 years of age,. Dr 'Evatt, K.C. as he becomes. Is: expected: to vitalise the Labour campaign. ':.." His action, unprecedented in Australia at least, has fired the public imagination.' Dr Evatt received an invitation from Labour to contest Barton because, "the "need :•:-for victory in war .arid security in peace is so paramount,'' "I gave this, invitation," he said, "the: most careful and anxious consideration: But for the emergency' which to-day faces us all alike, I would not think > for a ,hiomeht- of leaving the Bench; where I have served for nearly 10 years. Yet the emergency is as grave as possible. By day and by night our kinsmen overseas have to face unspeakable terrors. . Action Defended "In England there have been instances, even during the present.war, where members of the judiciary have gladly resumed political office and responsibility in the Ministry. Recently the Chief Justice of the High Court assumed a high diplomatic post of vital importance to Australia, where he' will be the. servant of. the Ministry of .the day. ; Even if there were no actual precedent, I should think it better to create one at a time when our government including the judiciary itself, is all imperilled. In time of w.ar or emergency, following the beaten track may be dangerous, even fatal.

"For these reasons':l have come to the conclusion thajr it is. my duty to accept,.the specislScidl wfyieh isattfede on my 'services I may add that I do nott regard the questiori'from'the point of ; view of mere party.:politics, still less'•'ihtiaTparty / divisions.ol.shall do my^ery-utmost;to.serve my fellow. Australians.. '-.:, We;- haVe■■- tofacfe ■-. the perils aiid disasters of--War, and we have also to solve the equally important problem of restoring and improving the social and economic standards within the framework of the existing Constitution." ..;'.,.

Replying to questions, Dr Evatt said: " Some of my friends tell me that I am crazy. It is a fact that the position which I am leaving is paid at the rat* of £3OOO a year, that I am abandoning my pension rights, which with five years' more service would be worth £ISOO a year. All I can say about Jhat is: It is my duty to accept the special call which has been made on my services." Prime Minister's Criticism

The Prime , Minister (Mr .R. G. Menzies) said.he regarded; the prece* dent as ' regrettable, because, the judiciary - should be kept - 'completely detached'-.from.'': party . politics..- He hoped •vthe Government supporters in Barton: would hot .be , deceived.: Dr Evatt waa'f a pledged -member of the Labour Party, and his . election for Barton would be a defeat for . the Government and its war policy. ;. To that criticism, Dr Evatt replied that Mr Menzies was acting with scant generosity, and had failed.to observe the dictates of Australian sportsman-, ship. "It is obvious," he added, "that Mr Menzies is not only to be a but also a sour-tempered, bad loser." Brilliant Career

Dr Evatt was. a boy of seven when his father ' died, leaving his mother with a large family, *ie won his way through school on bursaries, and through the university on scholarships. He became Australia's outstanding doctor of laws, a brilliant jurist, the youngest justice of the High Court, and an authority on constitutional law in other nations beside his own. Dr Evatt was only 36 years of age when he was elevated to the High Court. Both at the Bar and on the Bench he revealed himself a great lawyer. He appeared as counsel in a number of famous cases, which raised questions under the law of the Constitution, and while on the Bench was a party to a number of important .'ecisions in which his judgment was later supported by the Privy. Council. At the university, Dr Evatt won the degree of bachelor jf arts' with tripleclass honours,.and his LL.B. with the university medal. His doctorate of laws was gained at the age of 30 years. He entered politics in 1925, when he secured election for the Balmain seat in the New South Wales Legislative Assembly cs a Labour representative. Towards the end of his first Parliament he was set aside after differences with Mr Lang's" administration, but succeeded in holding his seat as an Independent Labour man. Dr Evatt has been a keen follower of cricket and football. He has written a number of books, including one about the balance of Constitutional power as between Governors and Premiers, and several about early Australian history. The latest, "Australian Labour Leader," pu'-lished a few weeks ago, dealt with the life and career of the late William A. Holman.