THE OHINEMURI APPEAL.

Taranaki Daily News, Volume LII, Issue 85, 6 May 1909, Page 2

THE OHINEMURI APPEAL.

A.\ ILLEGAL COMMISSION' OF INOUKY. By Telegrapb.-Pres3 Association Wellington, Mav j. Ihe Appeal Court gave judgment mi the Uliinciiiurj Commission case to-dav. Hie lirst question raised was whether the Giivornor-iu-Coiincil was authorised by the Commission of Inquiry Act, 11)08, to appoint Mr. .lustice .Sim' to inquire into tile conduct of the members of the Obiiieniiiii Licensing Committee. The latter were ladders of judicial office within the meaning of the Act, and the position was, therefore, that a Commission was set up to inquire whether the plaintiffs were guilty of a crime. Hue i a Commission was not authorised bv the Act of 1008. The judgment goes into the statute abolishing Star Chamber anil the statute of Edward 111, providing licit no man should be put to answer a crime except in a manner prescribed by the law. Authorities were uniform that in matters of crime the. Commission of inquiry was unlawful, and that was the real object of this Commission. Xo case could lie found that such an inquiry had been directed under the Royal Commission. Plaintiffs were entitled to prohibition. Xo order would be made as to costs, but the Court intimated that if it had the power it would have awarded costs to plaintiffs.