LIBERTY AT STAKE

Waikato Times, Volume 124, Issue 20730, 14 February 1939, Page 8

LIBERTY AT STAKE

RULE BY DECREES MR ALGIE’S INDICTMENT NO ACCESS TO COURTS IS GOVERNMENT AFRAID? (By Telegrapn.—Press Association) AUCKLAND, Tuesday “Liberty Is at stake,” said Mr R. M. Algie, organiser of the New Zealand Freedom Association, describing the refusal of the Government to grant an originating summons to test the validity of the Import Control Regulations as parallel with the methods of European dictators. For the Government which will thus ride roughshod over long-established principles of Justice to call Itself democratic Is simply a shocking misuse of language and an Insult to the Intelligence of the New Zealand public, “It is the liberty of the man in the street which is at. stake in the long run," said Mr Algie. “The law says any citizen who wishes to test the meaning or validity of any statute, bylaw, will or deed can do so simply by placing the matter before the courts for their decision. “Tf then the Government is sure of the legality of its actions regarding the import control what could it desire more than that its legislation should receive the approval and support of a decision of the only tribunal in the country that is entirely independent and wholly free from prejudice and political feelings and influences?" he asked. If, on the other hand, the Government has reason to doubt the legality and justice of its own actions and to dread exposure what could be more disastrous for it than to lose its case in the courts? Why is the Government afraid to face the issue? “If this recent attempt to legislate arbitrarily by Order-in-Coun-cll and to refuse ordinary access to the courts goes unchallenged and undefeated we must resign ourselves to the consequences. “We must in this event be prepared to see the diminution, perhaps destruction of the authority of Parliament over all matters of State economic policy and for the future must be prepared lo witness the advent of important and far-reaching changes merely by the introduction overnight of autocratic Orders-in-Cnnnc.il. This would inevitably lead to the substitution of legislation by decrees for that based upon free and unfettered debate by the chosen representatives of the people in Parliament.” TEST CASE REFUSED IMPORT REGULATIONS SOLICITOR-GENERAL RULES (Special to Times) AUCKLAND, Tuesday The Solicitor-General, Mr IT. H. Cornish, K.C., has informed the Bureau of Importers in Auckland through its legal advisers that he will not grant consent to the issue of an originating summons to test the validity of the Import Control Regulations, 1938. The reason given for the refusal was that it was a question of Government policy and that the SolicitorGeneral was not prepared to facilitate such an action. The bureau reports that the matter is still in the hands of its solicitors. The petition to the Governor-General to suspend the operation of the Import Control Regulations until such time as their validity could be tested through the Courts, is being proceeded with, according to the bureau. Holders of petitionforms are being communicated with for the return of all forms immediately.