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The Spike or Victoria College Review October 1930

[introduction]

On appeal from a decision of the Court of Appeal of New Zealand reversing a decision of Mr. Justice Chorlton.

The following Lords of Appeal were present: Lords Bannister, McNaught, Fabian, Styche and Wylie.

The Petitioners were represented by Marcus Riske appealing in forma pauperis.

The Respondents were represented by Professor Cornish, A. Eaton Hurley, P.M., H. Rosen and Margaret Agatha Spence-Sales.

The following report of the case is taken from "The Daily Mail" of September 30st, 1930:—

"The fourteenth day of the trial found public interest still at fever heat. It had been estimated that Mr. Riske had used the phrases 'Plank's Pestering Notices' and "That imbecile Mountjoy' some 14,000 times to date. Immediately after the resumption of proceedings an unpleasant episode occurred when three once deeply respected but now thoroughly depraved characters, Miss Cathie Forde and Messrs. W. P. Rollings and W. J. Mountjoy, Jun., were ejected from the body of the Court. After the sensation had abated Mr. Riske continued his remarks from overnight:—

"Riske.—My Lords, I have already outlined the principles of the Constitution which the Executive have violated. However, there is no harm in my just touching upon it again.

"Powles (in back of Court).—Wrap the Red Flag round me, boys!

"Riske.—I appeal to the Court for protection from these interruptions. My Lords, it has been laid down that nominations for election of officers should close on a certain day prior to the poll. This scoundrel Mountjoy—

"Anne Veitch.—"Now, don't you call that simply perfect man names. Who are you, anyway?

"Riske.—This woman, my Lords, is interested in maintaining a plutocratic government. If you knew all I knew about her father—

"Wylie, L. J.—Proceed, Mr. Riske. Let not the sins of the fathers be visited on the children.

"Riske.—My Lords, as I said before, this scoundrel Mountjoy in his usual brainless fashion neglected to send in his nomination for the Committee until constitutionally it was too late. Then, suddenly realising that there was just a faint possibility that HE would not after all be elected Vice-President, sent in his second nomination about a week later. He failed to gain the first position and was elected to the Committee. A General Meeting was called, at which the refuse, the scourings, I may say, of the College attended.

"W. Mason.—Oh, why harp on the Christian Union?

"Riske.—At this meeting Mr. Rollings, by means of his usual sharp practices, and no doubt receiving some small consideration for his trouble, addressed the meeting, and by playing on the charity of the weak-minded, succeeded in passing some amendment to the effect that this wretched fellow's Committee's nomination should be taken as accepted with his nomination for Vice-President. This action your Lordships will see was contrary to the spirit of the Constitution.

"McNaught, L. J.—But who is this Mountjoy?

"Zenoerate Henderson (from body of Court).—My hero! My Irving!! My Oscar Ashe!!! (Collapses and is removed by the Free Ambulance.)

"Riske.—Shortly afterwards I had the honour of being created Business Manager and Fighting Editor of "Smad.' For some time, my Lords, I had been acquainted page 6 with a certain Katherine C. Birnie (here witness showed obvious signs of distress). On my recommendation, and on that of the sub-editors, Cardinal Munchausen—I refer to our Editor, Raymond James Patrick Reardon—elected her to our Staff as an additional Sub-Editor. Although I lived in a constant fear of being converted by our Cardinal, who made every effort in that direction, we were all very happy. Then, my Lords, the blow fell. We received a document—

"Fabian, L. J.—Where is this document?

"Riske.—It was raffled by the Tennis Club. It was signed by C. S. Plank, Hon. Sec., and was to the effect that we had no power to add to our Committee, as such an action on our part would be Unconstitutional. Miss Birnie was from even date to cease to be on our Staff. I need add no more. The Executive has shown in every way that it is working not primarily for the students, but for their own shady ends. I now propose to call students of no mean repute in affirmation of my claims that the Executive, in addition to many other criminal tendencies, has been guilty of Negligence, Inebriation, Graft and Champety. With the permission of the Court I propose to call David Benjamin.

"Benjamin (Law Student and Semi-Somnolent, having taken the oath and a couple of loose sheets from the Bible as a souvenir).—One Thursday night when the Stud. Ass. Committee was ostensibly burning our electricity and our gas in the service of the students, I chanced to fall asleep outside the Exec. room. Awakening to the sound of The Stein Song' and 'Tie Me To Your Apron Strings Again,' I heard ribald laughter, the sound of rattling teacups and mysterious muttered formulae issuing from the windows. Some of the phrases were: Til raise you fifteen bob," 'Full House,' and 'Three Queens.' Suddenly someone asked for the minutes and I heard a terrific reverberating crash and a frightful oath.

"McNaught, L. J.—What steps did you take?

"Benjamin.—Dixon Street—four at a time.

"McNaught, L. J.—Funny place to sleep this time of the year.

"Benjamin.—I was frightened to go home on account of bag-snatchers.

Witness stood down and Mr. Riske called on Exhibit A—a cavalcade consisting of Helen Dunn in the Stutz Senior towing the Morris Minor, with Charles Plank bringing up the rear in a P. and T. van, drew up outside the Court bulging with Stud. Ass. Minutes. Shortly after Mr. Riske began his task of reading out selections of these minutes the Court was cleared. Having finished, Mr. Riske again addressed the Court.

"Riske.—I have been able to show, my Lords, that there is no mention in the minutes of the grand old game of poker, nor of these negroid songs. This, I contend, proves that the Executive has not kept a record of its meetings, which is contrary to the Constitution.

"Bannister, L. J.—My Lords, for two weeks I have endured the babbling idiocy of both counsel and witnesses. Is it possible that it is again to be left to me to define the issue between the parties?

"Cornish, Prof. (who has just hurried in late, with two small children).—The course of Justice must, Lord Bannister, at times, just like a Willys-Knight, be delayed. May I again remind you that the legal profession must live. Personally, my only regret is that there is no further tribunal of English justice to which the case may be referred.

"Bannister, L. J.—The Executive will have to raffle the marble statue of MacDuff to pay Your costs.

"Here a disturbance was created at the rear of the Court by Mr. W. P. Rollipgs, who was making a determined effort to force an entry. On the application of a fire hose he desisted and order being restored, Aileen M. Davidson, describing herself as Auntie Agatha of 2YA, was next called. She tripped up the steps, dimpled at the Lords of Appeal, and waved her handkerchief to the Fox Movietone cameramen in the gallery, winning the hearts of the judges immediately.

"Aileen M. Davidson.—Being unused to talking—especially to so large an audience, I must confess that I feel frightfully high strung and emotional. However, as I told His Excellency, Lord Bledisloe, only the other night, I am still comparatively gladsome and shall be able to live down the horror of it all. Therefore I thought page 7 I'd pop in to help Mr. Riske. It's dreadfully hard to stand here and solemnly say that I don't think dear old Joey should be on the Executive; but really I don't think he is safe over there in the Gym. with Dorothy Roberts.

"Professor Cornish announced he had detected a split infinitive and suggested that witness's statements were therefore invalid. Witness therefore called medical evidence to prove that she had suffered from a split tongue from infancy. Lord McNaught suggested that that might be the reason why witness always had such a lot to say, and Lord Styche playfully suggested that Lord McNaught's mouth should be examined.

"Aileen M. Davidson.—The whole trouble with the Exec, is that they have not sufficient to occupy their minds. They have to dabble in everything and make nuisances of themselves. All they seem to be capable of doing, it appears, is to send out warnings and injunctions and what-not. In fact, they send out so many notices that Mr. Plank finds it necessary to employ a part-time typiste at our expense—