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Dáil Éireann díospóireacht -
Wednesday, 27 Mar 1935

Vol. 55 No. 11

Ceisteanna—Questions. Oral Answers. - Supreme Court Judgment.

asked the Minister for Justice if he will state the number of cases in the Supreme Court in which judgment is pending for more than 12 months, and further if he will indicate the cases and when they were heard in that court.

There are only two cases in the Supreme Court in which judgment is pending for more than 12 months, namely, the Governors, Erasmus Smith Schools v. the Attorney-General and others, and the Philadelphia Storage Battery Company v. the Controller af Commercial and Industrial Property and another.

Judgment was reserved in the former case on the 2nd of March, 1933, and in the latter on the 21st February, 1934.

Is the Minister aware that, as a result of judgment being delayed in the Erasmus Smith Schools case for over two years, the funds of that particular trust are being used to the exclusion of Catholics; and, in view of the judgment given by Mr. Justice Meredith nearly three years ago, is the Minister in a position to take any steps to put an end to what, I think, it would not be too strong to call a scandal?

I do not know if the Deputy is aware that I have absolutely no power whatever in the matter.

So that this injustice may, if the members of the Supreme Court so desire, continue almost for ever?

I am not prepared to admit whether there is any injustice or not.

Is the Minister aware that very grave injustice has been inflicted on Catholics, whom Mr. Justice Meredith maintained were entitled to the benefit of this?

The justice or otherwise of the matter, and the losses arising one way or the other, may depend a lot on what the judgment is.

Judgment in this case has been delayed for over two years.

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