Wairarapa Age MORNING DAILY. MONDAY, MAY 22, 1911. SUPREME COURT BENCH.

Wairarapa Age, Volume XXXII, Issue 10244, 22 May 1911, Page 4

Wairarapa Age MORNING DAILY. MONDAY, MAY 22, 1911. SUPREME COURT BENCH.

..Mr James Allen, M.P., has excited the wrath and indignation of every Liberal newspaper in .the Bomfinion.,. because he lias dared to suggest the danger of 'ooaupier s of the Supreme Court bench 'becoming political partisans. Mr Allen, in amplification of his remarks, -has cited the appointment of the Chief Justice to: the Na-tive-Land Commission as an illustration of the danger ,h,e apprehends, ffhe Liberal newspapers, and Liberal politicians, hare worked themselves into a state of frenzy at the- mere suggestion that' Sir Robert Stout or any; occupant of the Supreme Court Bench could be consciously or unconsciously biased. If they carefully analyse the question, however, they will discover that a Judge of_ the Supreme Court is but human, and as such is liable to err. The very. sacredness of the .position should emphasize the necessity for removing every suspicion of bias from the occupants of the Bench. What happened recentily in England, and more recently in Australia, where Supreme Court Judges were openly .charged with partisanship, may very easily happen in New Zealand. It is only ia few months back that -Mr Justice Chapman, from has place on the Bench, criticised a certain law which had been placed upon the Statute Book by it/he Legislature. That was sailing iclose enough to the wind, in all conscience. But Sir Robert Stout goes further. He is actually appointed and paid as a Commissioner to' discover a Native land l policy for the Government. This Commission was not in the nature of an ordinary Royal Commission, which is required to interpret evidence of fact or legal technicality. It was a Commission set up, apparently, with no other ob-, ject than to furnish the Government with a policy. Nobody doubts the ability of Sir Robert Stent to deal with the Native land problem. Indeed, he has. the 'capacity for dealing with quite a number of problems which have (baffled tile Government. But, where is the thing to end? Why should be not he appointed, at a princely figure, to supply the Government with legislation affecting European lands, with a measure for local government reform, and'with other policy measures? Could it he said that a Judge, administering the law® framed by himself, wotild be quite unbiased? The position is, of course, impossible. What would be thought

if the Opposition were to enlist the services of one or more of the Judges in preparing a, Oivil Service Reform Bill, or other measures of reform? The Government claqueurs would raise such a din of protest as would shako the foundations of the Dominion. And yet, when Mr Allen raised his voice' in protest against '» system whack is obviously wrong, he is held up .to derision and ridicule by a party whidh has no compunction about using the Judges in the manner indicated.