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Wednesday, 10 April 1946


The CHAIRMAN - That is not a point of order.


Dr GAHA - The honorable member claims that he did not suggest corruption; yet he assumed that, because in the future a different interpretation may be placed on the Constitution, the new appointee as well as two of the present justices will act corruptly. That is a direct and unwarranted attack on the judiciary. I have never heard any challenge against the ' integrity of Sir John Latham, a former member of this chamber, since his appointment. That, definitely, was a political appointment. I have never heard any challenge against the integrity or the judicial decisions of Judge Drake-Brockman Surely it cannot be said that, a person whom a Labour government appoints to the judiciary must of necessity be corrupt, and that those appointed by the other side will not be! The judiciary in this country stands high above the people. I believe that, so long as we appoint persons with a reasonable degree of intellect, they will respect the great traditions of the law as they always have been respected. If anything is calculated to bind British people together, it is the fact that their, judiciary is above corruption. Surely it, will not be argued that because some person has had the good or evil fortune to have been a member of this or another chamber, or of some other legislature in Australia, he must, in matters of law be prejudiced in one direction or another ! That is the poorest argument I have ever heard. If the High Court is. honoured by having appointed to it an intelligent member of the community who is distinguished in law. whether the appointment be made by the party on this side or on the other side, it, cannot be assumed that in matters of law he will be' corrupt. All that has to be decided is, whether an additional justice is necessary. If it is, then so long as the selection be made of a person who is distinguished in the law, the atmosphere to which he will be raised, will of itself enable him to arrive at a wise and proper judgment, in accordance with tho best traditions of the judiciary of this country.







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