APPEAL COURT.
A CIVIL SERVANT'S CASE. By Telegraph.—Press Association. Wellington, Wednesday. In the Appeal Court, before Mr. Justice Williams, Mr. Justice Dennistor, Mr. Justice Chapman and Mr. Justice Edwards, the case Reynolds v. tjie At-torney-General was heard. The appellant is a civil servnnt in the Customs Department, and of 25 years' service, who was suspended last June pending certain charges of misconduct by a board sot up to enquire into certain allegations. The appellant was too ill to attend, but was represented by t solicitor, who produced a medical certificate of appellant's illness. The board, however, refused to allow a solicitor t<s appear on his behalf and heard evidence in support of the charges and reported thereon to the Governor. Tho appellant then moved in the Supreme Court for a writ of prohibition or certiorari or for a declaration that the report be null and void on the ground that the board was bound to exercise its functions according to natural justice, one of the fundamental canons of which is that a man cannot be condemned unheard. Mr. Justice Cooper decided that the Court had no control over the board. Prom this decision the appellant appealed. Mr. Williams and Mr. Ostler appeared for tlie appellnnt and Mr. Myers for the respond, ent. Mr. Ostler contended that the finding of the board was a decision, that a writ of certiorari could be issued, and that the Court had power to declai-o the report null and void.
Wellington. Last Night. In the Reynolds appeal case, counsel went on to argue that the case rested on broader grounds than tho private rights of appellant. Afar-reaching principle of constitutional law was involved. The public of the Dominion looked '.o the Supreme Court to protect it from the growing power of the executive The Chief Justice of England had cutely stated it was the function of the Higii Court to- stand between the people an I the arbitrary power of the executive If the Court in this case held it had no control over the board, any person entering the Civil Service lost the most cherished parts of his rights, and was iit_ the mercy of any two persons the reigning Government might like to anpoint. ' The hearing was adjourned.
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Taranaki Daily News, Volume LII, Issue 208, 7 October 1909, Page 2
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375APPEAL COURT. Taranaki Daily News, Volume LII, Issue 208, 7 October 1909, Page 2
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