Charles Bradlaugh: a Record of His Life and Work, Volume 2 (of 2): With an Account of his Parliamentary Struggle, Politics and Teachings. Seventh EditionRobertson, J. M. (John Mackinnon)
Religion
Charles Bradlaugh: a Record of His Life and Work, Volume 2 (of 2): With an Account of his Parliamentary Struggle, Politics and Teachings. Seventh Edition
Robertson, J. M. (John Mackinnon)
Bradlaugh, Charles, 1833-1891
One of Bradlaugh's five contemporary lawsuits was thus quashed, but the
remaining four kept his hands sufficiently full. The civil suit against
Newdegate for maintenance came on before Justice Field on 2nd December,
on a preliminary "demurrer," when, on the advice of the judge, both
aides agreed to let the demurrer stand over till after the trial. A day
or two afterwards Newdegate, speaking at the London Sheriffs' banquet,
at which six judges were guests, had the indecency to comment before
them on the maintenance case, and to denounce Bradlaugh. On the 5th the
action against Mr Erskine, the Deputy Sergeant-at-Arms, came on before
Justice Field. It was a long pleading on both sides; the case was
adjourned till the 18th; and after the Attorney-General had spoken two
hours and a half, and Bradlaugh had replied for an hour and a quarter,
the judge reserved his decision. He finally gave it (15th January)
against Bradlaugh, on the general ground that the House of Commons was
the judge as to how it might exercise its privileges, of which the
power to expel a member was one. On the point of legality he ruled that
"it is not to be presumed that any Court, whether it be the High Court
of Judicature or this Court, will do that which in itself is flagrantly
wrong." The decision was one which might very reasonably have been
appealed against. As the _Legal Advertiser Supplement_ remarked at the
time, Justice Field's ruling would cover a case in which the House
of Commons might, say, confiscate the goods and chattels of a member
expelled or suspended for obstruction. Bradlaugh, however, decided not
to appeal. He had only commenced the action reluctantly because of the
likelihood that the Gurney suit would be denied a hearing; and the
judge had in this case at least listened to his arguments. He contented
himself with a letter to the _Times_, pointing out the constitutional
effect of the decision.
Public-domain text, read in full here on John Shaqi.
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