RETIRING AGE FIXED

Otago Daily Times, Issue 26619, 15 November 1947, Page 7

RETIRING AGE FIXED

FEDERAL HIGH COURT JUDGES SUBJECT ATTACKED BY LABOUR MEMBER Rec. 11.45 p.m. CANBERRA, Nov. 14. That the Labour Government’s policy was to fix the retiring age for High Court judges was announced by Mr J. B. Chifley in Parliament to-day. He claimed that the High Court itself, not the Constitution, had appointed High Court judges for life. . “Eminent Constitutional lawyers have told me that the judgment of the court in the banking case has taken the court back to the outlook of .25 years ago,” said Mr Chifley. Earlier, the Opposition Leader,. Mr R G. Menzies, said that the attack by the Speaker, Mr J. S. Rosevear, on the High Court, was “ incitement to the foulest and most revolutionary elements in the country.” Both leaders were speaking on the clause in the Banking Bill which establishes a Federal Court of Claims. The discussion developed when Mr A. G. Cameron (Liberal) moved a surprise amendment that the age limit of the judges appointed in the special court be restricted to 65 years. The amendment was lost by 50 votes to 3. Earlier in the debate, to the accompaniment of angry Opposition interjections, the Speaker of the House of Representatives, Mr J. S. Rosevear, made a bitter attack on the High Court. Speaking as the member for Dailey, he accused the High Court of having made a political decision in the ruling that part of the 1945 Banking Act was invalid.

He said he had no fundamental ob jection to the High Court playing its pari as provided under the Constitution but he had a fundamental oojection to senile people being in a position where they could defy the will of the people. When asked if the judges to be appointed to the Court of Claims under the new Bills would be transferred to the High Court, he said: "I would not object to that because if ever there was a political decision given by the High Court it was the recent decision on the 1945 Act. “Every anti-Labour leader in Australia to-day is pinning his faith on this fact, and publicly stating that as soon as this Bill is proclaimed it will be fought in the High Court. This clearly indicates that the anti-Labour forces believe the High Court’s last bank decision was a political one, and that no matter how far it stretches its legal imagination the High Court is there for the convenience of antiLabour parties to destroy this Gov ernment's legislation ” Replying with great emotion, the deputy leader of the Country Party, Mr John McEwen. said Mr Rosevear had besmirched the highest judicial body in Australia, and had accused all members of the Opposition of being paid agents of the banks. Because of that. Mr McEweri said, he would have no confidence in sitting under Mr Rosevear's chairmanship. “ His speech is the worst I have heard in 14 years in Parliament,” said Mr McEwen. “It is menacing to the people of this country and to the principles of democracy. The Australian people have been told to-nigiit not to trust the High Court. I say I do not trust Mr Rosevear. I say he is a dangerous man.”