The Express.
London, England, 1850-07-27 00:00:00

liiisii:

Lord BROUGHAM asked their lordships' attention for a
momentho the ill-edvised and most inauspicious course which
had bees (Akre, by command of the first law officer of the
crows, is reference to the proposed exhibition in Hyde-park.
He held in his head the petition of persons living in the
neighbourhood of Hyde park, complaining of the conduct
of the Anon. y-Oneral on this subject Now he would
not sey anything of their comfort and conveniathe, but deal
ezeusively with the qwestion of public right. They stated
that they bad prepared an information to be pot on the MID
of the Court of Chancery. for the purpose of staying, by
injunction, an 7 structure b-ing erected upon that which
they were advised was so for the property of the public as to
be witharawn, by strict right, from the power of the wr-
yest, of the Crown, or any department of the service of the
Crown, without the authority of the legislature, interposed
by special act of parliament. They stated their cue in
detail; they hod t, ken the opinion of three most leaned
and able counsel on the subject (two of whom
had been heard in their lordships' house that
morning) Three three learned gentlemen were Bir Fiterov
Kelly (who had been twenty-six years at the bar), Mr.
Roll, a gentleman of many years' standing at the bar ; end
Mr. Cairns. a good conveyancer and equity draftsman, and
allege practice. To the case submitted to them they bad
at first returned separate opinions, and nabeetrawitly an
suited opinion. the s Rest of which wee that, epos • review
of the law, sad the facts generally, the structure proposed to
be erected in Hyde-park was illegal, and they reemaineaded
an immediate applitition fur an injunction to stay such pro-
medicos. The only step to be taken, they advised was by
isformation in the name of the Attorney-General, who
would proceed upon the relation of the indisiduals who were
is reality the real parties to the suit, and had to pay the
ewe. In all caws thereat and substantial party was the re-
lator. The Attorney-General, on the part of the ',abbe, was
• formal, hut an absolute and necessary party. The relator
With* gave instruction to counsel—be alone had the
conduct, management, carriage, and control of the
case; the Atorne)-General being connected w.th it merely
from his position as Attorney-General, on behalf of the
public H. by nn mans intended to assert that the AMT.
Bey enteral might not by law, at any moment, interfere,
and become from the nominal the real, from the formal, the'
substantial psity in the silt. An information could only be
died with the assert of the Attorney-General, gni if he
chose to withhold that consent it could not be sled. The
assent of the Attorney General to an information was as
necessary as Wig the assent of the crown, signia ed through
the Secretary of State, to a petition of right. where a sub-
ject. atter having been dieseizA of his fresh 'ld by the crown,
or by the enemies of the crown acting cadet the autho-
rity d the crown, sought to recover his freehold.
The AttornerGeseral bad been applied to by the peti-
tioners, and had refused his concurrence in the information.
Si^ cob was a sufficient answer for hits to make—that was
the law—the esart could not compel him to awent to the
information; nothing but an act of parliament could compel
him, or the order. of hit sovereign, which he might obey
or dm Awe. as be chose. (A laugh) What, then, was to be
done ? The only course which could be takes was to peti.
bon both houses of parliament. Tree relators laid the opi-
nion of the three eminent lawyers he hat referred to before
the Attorney-dearth), who, having taken time to randier,
gave • renewed Infuse!, and stated the reasons upon which
each refusal was given. Not only was there • fair ground
given by thaw three lawyers for an information. but their
opinion wee sufficient to justify the Attorney-Oeneral in
bringing the case into emir ; he had, moreover, been toll
that the merits were with the relators, and that the encroach-
ments on the park were contrary to law. Now, lot it not be
"opposed that he considered the authority of the Attorney-
General ightly, or that, in the observations which be might
make. he had the Cightest preja,:ice against that indi-
'ideal. On the contrary, from his knowledge of him and of
his excellent distioguithed rod learned parent, he had to-
wards him the most friendly and favourable feeling.
Whatever remark. ha might Nuke upon the hon. and
learned gentleman's conion were extracted from hint by
a sense of public duty, and were made more painful to
him on that mouse The Attorney General in this case
add that it would, in h:s °pleas', be an improper mea-
sure on his par: if, in the nerd.* of his discretion and
sating on behalf of the public, he were to san-tion a pro-
ceeding directly at varieties with the vats of the House of
Common.. Toe Attorney-General could not have had
before him a record of the vote of the 11 awe of Commons.
Tee vote, which he sail unequiv 'tally expressed the opinion
of the House of Commons, was this:

The the report reApecLad the proposed eihNtion to Hyde hut In
1451 be ...bi tted to • select easunittee of this house, be V's pu-
pae of eel/lunation and du, ensekteretion of the .stns: and that the
repel of the acid ..Pet eomrsittee be laid upon the tallest of the house,
and that the eviction by tale hews be riven t i such report before
my bother proceertnee us the part of the commissioner, with
lewd to the Pall eatubAlon, shall be proceeded with or ad "Led by
them.
To which an amendment was sued, "That an humble
address he minded to her Majesty, preying that her Ma-
bty may be gratieuely pleased to give directions that no
uildies be placed in Hyde-park for the purpose of eahibi.
tine ;" and the question was takes on the molds which were
Ant nod standing part of the gentile. Tee division wee
upon the mocks referring the report to a select committee,
and that the report of this select committee should
be laid on the table of the house, sad as
that there was • cossiderable majority. Theo the
seta queetioe we. put, that the re,ort respecting the
proposed ezhibitio• be submitted v. a select committee, and
that the committee report to the house, and their report be
lasi ea the table of the house, and It war negatived. And
this wee what the Attorney General called the usequivocal
decision ',the Commons' Moue of Parliament in favour of
the proomodisgs of the tommieelotten. He would teke this,
not I. form but in substance. He would suppose that sub
itatitially there had been elicited from the other hoes- of
parliament a vote in favour of the troreedinee in Hyde
Park. Wee that a vote in favour of the legality ? Their
lordships would see the peculiar end anomalous position in
which the public wee placed by the Attorney-General's pro-
goodie's. Lord J. Reseal wa—
llet the hoe. and learned member for Newark had Lid down a
ameba which the hen. brat Auld hue well cosesiired—_

tait-rt-wa;-aol-ror.tls7 1;i-ea-To -I;teTar-e -qTre -tkoa7ef
law, a preMad to decide questions of law-!hear, nary-and that the
right hot. geatlemaa the member for the University of Oxford hod
lose too far la wishing that the house should cane to any opiates
upon the mention of He Wird J. Itemeell) thought that observa-
tion wee perereCy true, but it was not quite conatenst with what the
sad barna gentleman afterwards suggested, maraele, that the
bases should wait In Seder to have the question decided la a court of
law. The question before the house was mot a question of law, but
the guanaco was whether the house should offer any advise to the
crown in regard to the selection of Hyde-pull as the site for the pro-
pm= exhibition from a wash to take care of the rights of the public,
no whether the house should refrain from offering any such advice.
Plow, he thought the hour might keep such a question as that en-
tirely free have any question of law.
He defied words mon streagly or plainly to show that the
grunion of law was withdrawn from the consideration of
the house, and upon the riser understanding that the gees-
tioe of law was for the courts, and not for es House of Cos.
moos, to be dealt with. If as attorney-general had no bettor
name than thia--if an attorneyegeneral, because he had some
person to please ander whom he held office, was to impede,
obstruct, end frustrate the due administration of justice on a
most important que'tion, sad oust all reference to the law,
then it soil sat be contended fora moment that this was •
eusetry yenned by law, or a free country. Lord J. Ros-
sall and the other Lords of the Treasury were the parties
agaiast wham the information ought to have been filed. The
Attorney-Omen' said he had the power of withholding his
fiat. Nobody dispute 1 it ; but if he did not exercise that
power, Vat Ines discretion, that IMOlt dangertru prerogative,
upon mender and better reasons than he kwd set forth in the
paper he had published, then he (Lord Brougham) said thee It
could ant be maid that we lived under the dominion of the law.
The Marquise( LANSDOWNE remarked upon the unfair
mess of as attack upon an abuts• official without notke given.
AU he (the Marquis of Lanedowno bad to say was, that he
did not stand there pupated, still less instrueed, to explain
or to defend the course pursued by the Attorney• General in
the energise of the great and important functions entrusted to
him by law, bat to express his oonvictiqu that he would justify
himself both in law, in equity, and in policy, as to his eon-
duct In this meteor. and that he wouli make himself right
with the other house, with their lordships rouse, and with
the public. (Hear, hear
Alter postponing his motion relative to the diplomatic and
twit listsalariee until Friday neat, Lord Brougham promised
definitively to bring it forward on that day.
The &tun Leas ng ( I Maw' ) Bill, the Court of Exchequer
(Ireland) Bill, and the Militia Pay Bill, were successively
read a third time and passed.
The Highway Hares Bill was read • second time.
On the motion of Had Ga•siviLL• the Stock•in-Trade
8.11 was red a third time and paned.
The other hills on the table were (=waded I stage, and
their lordships adjourned at • quartur.past eight,,,,

HOUSE OF COMMONS.-FIUDAT, JULY 20.
The SPBAIRS took the 4111111. St 12 &clerk.
THE BARON DE ROTHSCHILD.
Wheat the repeat whisk appeared Is t►e Bret oaks of

yesterday's Etyma wee despatched, yr. P. Wood vas
speaking. The hen. member coseheded Mae
Time may be serious queetioas perhaps in regard he *lt
third oath—the sack of abjuraticn —tut we have nee arrived
at that yin the oath of &Hygiene* stands first, and that the
Baron Ds Rothschild is ready to take, and I my, that by
I law, hahas • right to do so. (Rear, Mae) Thu Menton
r who hare returned him have use a tight to demand it.
• (Hear, hear.) I would ask the house this question—Wr.
, Salmons has bees sworn on the same oath to the lam of
r eheeili—be wile;wainted Sheriff of London, and boa taken
r the oath ma en upon the duties of that office lathe Name
way as the Baronßothschild claims to take it now—suppose
t he had been refused, what would hare been the result ? Not
t only would the City of London have lost his services, but he
himself would kayo been liable to heavy penaliies for not serv-
o in. The City cf London had a right to call upon him to
I Sake the oaths, and Ito did es ; and in like manner the City
r of Ludes bad a right to say to Baron Rothschild : You
have been elected by us as oar reprematative—yon must go
to the Hosts of Commons and offer to take the oaths re-
quired on &dominion to that house—we will Lot impose
anything upon yolk that may be opposed to your conscience,
but you must go and show that you are reedy to enter upon
the ditties you have undertaken at your election ; and unless
there be some law or Stibnite to prevent you, we inden upon
your doing so." (Hoar.) I regret to say that for the masons
I have stated I shall be obliged to vote not only against the
mottos of the boa. gentleman the member for Oxford Uni-
versity, bat also against the amendment of my hon, and
learned fried the Attorney General. (Loud sheen.)
Mr. S. WORTLEY, 4, moldering the nature of the gaie-
ties before them,—the position of the hen. gentleman who
had offered himself at the table that day, and eonridering
also the position of the comstituency he claimed to represent,
thought it impossible to overate the importance of the sub-
ject—(hear)—and he could not too steoogly give his concur-
rence in the opinion expressed by his hoe. and learned
friend the Attormey-Oeneral, that proceeding as they were,
judicially, it was essential to tie cignity gad character of
the house that they should rot decide without due delibera•
tics. (Hear, hear) And (manor, he thought it would be
wise on that occasion that they should as nearly as they
could follow in the steps of the precedent they had in pre-
vious eases, and to take the same courts which had been
taken at similar junctures and under similar circuit.
stances. If he remembered rightly it was on a
Friday that Mr. O'Connell presented Himself, and, on
the motion of Sir R. Peel, the debate was immediately ad-
journed until the Monday following ; and on that following
Monday the motion sanded to by the hon. anti learned A'.
toriepCieneral was domusse.l and decided. (Hear, hear.)
Considering the little notice the house had had, sad that, so
tar as the great majority of the house was immersed, they
bad bad no opperusity of making themselves acquainted
with the facts, it appeared to him that it would he Wilt to
follow the precedent which had b en set in the O'Cooneli
case. (Oh, oh,) Monday nay, rat this late period of the
maim, might probably ho inconvenient to the government
(Hear, hear.) He would therefore amine Tuesday next,
at twelve o'clock, sad he begged to move that the debate be
adjourned till then. (Hear, hear.)
Lord J. RUSSELL said—l own I think that when any
hoe. member of this house mks that the di bate should he
adjourned, considering the cirmunstancea is which we stand,
and which the hon. and learned gestleman has just stated—
viz., that up to last night no one tapered that Baron Roths-
child would claim his seat to-day, I own I consider that the
proposal is so reasonable and is conformable with the eha
racier of the house, that I think it ought to be taken into
delibsratioo. (Hear, Marl I do not thihk the hoe.
gentleman is quits right in his precedes:, because he will
tied that when Mr. O'Connell made his claim it less pro
posed—l think by Mr. Brougham—that should he beard
at the table of the house in sup?ort of that claim. Mr. Peel
was in doubt whether that was the course which otieht to be
pursued, and he asked for time, till the Monday following,
to deliberate and consider the question. On the Monday
Mr. Peel proposed the', instead of bring beard at the table,
Mr. O'Connell should be heard at the her, that course being
more conformable to precedent; and, harass come to that
conclusion, the house unsnimou.ly agreed to the amend-
ment made to the original motion to that effect, and a rem
lution accordingly was adopted. Bat the house isnot exactly
in the same position now that it was then, for we have now
a precedent already set. The house hay nit in that cast,
wt.hout division. adopted that resolution, a prece-
dent
exists which we may, I think. safely follow. As 1 have
said I think that with respect to thi proposal to be sworn
on the 03 Testament, which, however familiar to acts of
parliament, is not so familiar to this house, I think it is fit
that the house should take due time for deliberation.

(Cheers.) And whether the Baron Rotheehild;;;Tiarot 1
to be heard by himself, his come', or agent, or that the
house should proceed to a decision on the csee as it now
stands before it, aided by the rep irt of the committee--
whether the one course or the oth. r be taken, some days of
deliberation, I think, are due W the gravity of the eu:•jec'.
('• Oh, oh," and chem.) The boa. and learned gentleman
opposite (Mr. &Wortley) ha. told us that he his not hat hi.
attention sufficiently directed to the report of the committee,
which is on the table of the house, to he in a pos.tion to state
the views he takes of the subject ; and if that is true of the
bon. and learned gentleman in regard to a qu.stion miff• sting
the constitution and law of the house, how much more is it
likely to be the case with otter hon. members, and that they
will require some time to look into the important matter of
precedents as bearing on this question ? I hope, therefore,
bon. members will carefully read the report of the commit-
tre—(a laugh)—which is lull of interesting matter, stated
without argument on the one side or the other,but with a view
to enable hon. members to make up their minds on the gun-
%ion before them, sod that some day next week we may ►e in
a condition to come to a decision ;loon it. I shout I rather
wish the hoc member himself, who claims a slat to this
house, should have his convenience consulted with teepee
Ito the day which may be named for proceeding with the
discussion ; and further, it any day new week would he
more convenient to him than another to attend and dec'are
either that be does n 4 wish further argument on the *Wiwi,
or if the house should think h• to ask any further questions
as to any further objections he may Lava wit. regard to the
osths to be taken, if he should prefer any one day to another
for that purpose, I should, as far as I am concereel, wish
that day to be tired; one in the wan while I think the htn:ei
cannot attend too gravely to the importance of the question
S.r B. HALL should feel it his duty to juin with hie boo.
and I d friend the member for Ovord in votiryr against
both propo•itione. Tone was no desire to tele, the house
by surprise, though he admired that most members
i could not Dave anticipate•l this dircuesion. Bat he cam-
pleined of the dilatory and lukewarm conouct of Lard J.
Russell on the subject, and of his unexpected announcement
that he did not mean to proceed with the bill he had intro-
deiced open the quintile. His lordship had forced the
electors of London into declaring that they would no long.r
be trifled wit►. He asked whether government entertained
any real doubt of the state of the law, or whetter this was
apt a mere pan for farther delay ? He though• that the
oaths ought to be put to Baron Rothschild on the Old Testa-
ment, and if he stopped at any words, the mat stage of the
question would come on.
_ .

Mr. ANSTEY found, from an analysis he bad in his
hand of the proceedings, thot in Mr. O'Connell's ewe the
course was this—on Mr. O'Connell refusing to take the
oath, Mr. Brougham moved that he should be heard at
the table of the house, whereupon Mr. I'eel moved that
the debate should be adjourned until the Monday follow-
inc, with the view, as reported in the " Mirror of Parlia-
ment," of enabling the house to look into precedents, and
to see whether be ought to be heard at the bar or at the
table. On the Monday Mr. O'Connell we. called bark
and heard at the bar, sad Mr. S:cretary Peel, in opening
the debate, on his own ameadmeot, that he be heard at
the bar, stated that wording to precedent Mr. O'Connell
ought dearly to be heard at the bar, and moved accord.
isgly, sad intimating that with the eoneurreace of Mr.
Brougham the house would commence sad fiaish the debate
that night. That was the case of Mr. O'Connell, and
so case bad occurrsd like it since the time a William
He contended that the house had had ample time ler con-
sidering the question, sad that it was the duty of bon mem-
bon to have made themselves acquainted with the report of
the committee. Lord John Russell had no right to protract
the exclusion of his colleague from the louse; but the feet
was that it was inconvenient to come to a decision upon the
merits of the case, and the object of thus motions was well
undentood. It was notorious that the leading members of
the two hereditary factions of the country had, last night,
come to • happy understanding as to the obstruction to be
offered to Our discussion of thia question. Then never had
buns fairer opportunity for repairing injustice, sad that
opportunity the house was preparing to dell's. Mr. Ansley
then addressed himself to the legal bearing of the case, and
concluded an animated argument by announcing that he
should oppose the 'notice for adjournment.
Mr. NEWDEGATE denied the right of the House of
C meson. V 3 settle by itself a question which hid formed the
subject of bills submitted to both breaches of the legislature
daring two our:erosive sessions. Su is a proceeding stultified
the past conduct of the Commons, and insulted the Lords.
He proceeded to remark upon the haste with which the
subject in its new form was now forced upon their coa
sideration.
Mr. B. OSBORNE said that Lord John Russell treated
Ow Jew question as he bad done becaumilthe Jews were a small
body, who could not endanger the safety of a cabinet or his
own election. As for the stickler, for precedents, they were
sot even true to their own musty lore ; for Mr. O'Consell's
ease and the baren'e were quite different, the former refusing
to take the *airs and demanding to be heard at the bar ;
while the latter did not retiree to take the oath., and did not
wish to be so heard. He reminded the house that for sou.
ral sessions the admissibility of Baron Rothschild had bean
amply debated, and more than omits affirmed by large majo-
rities. The propoeal that he should now be heard at the bar
was intended to delude the house into fighting a sham battle,
when the principle would not be fairly decided, and the hon.
member repeated, in spite of a dental from Mr. Walpole,
that this course was adopted by an " arrangement" with the
ministry. He then celled on the Speaker to &Ware whether
be could refuse to administer to an elected member an oath
midst the same forms which were admitted in every court of
judicature throughout the king loin.
The SPEAK ER, tiles challenged, said that this was not
. • question to be decided by any opinion of his, and that the
question was a legal one. A number had demanded to be
sworn is • mode novel to that house, and it was not for him
(the speaker) to allow the oaths to biadmieistered in an un-
accustomed manner, without the authority of the house.
Mr. GOULBUItN thought there ought to be an adjourn-
ment, and, at some length, went into as examination of the
precedent us the ease of Mr. O'Connell, by which he thought
UN house should be bound.

Mr. .10LIONI1Y hoped that au adjournment would be
agreed to without • diei‘ion.
idir F. THESIOEIt Moat* that when tits baron pre.
seated Wan& at the table he Would have bean ...had why
he deallael to hi sworn on the Gospels, and why he wished
to be swore on the Old Testament. la that wise, all pre-
liminary dismission would have been saved, mid the whole
question would have been railed upon the neat debet•—•
counts which he thought ouilat certainly to be adopted.

Mr. SUEZ olisetsd to Bane jiothahild's bog utaltistis
or sass isvited, to sunphsy eouassitipea • saaftr is which
he and the claims of Laden itemiderod the has elem. 11
1 the sant sincadnesut woes withdraw*, he had cis ob-
Jeetian lathe seljnurassent.
Lard I. RUSSELL could sot see the hardship onsplaina
issamausts as it was compstaat to abs Bsroa Rothschild
to &Wine to employ weasel.
Mr. WALPOLE suggested that he should be tilled and
asked Uhl) would take the °atilt appointed to qualify mop
bars otitis knees.

11r. P. WOOD said he had just ►ad a oommuolcation
with the hon. member for the City of London (who at
behind t►e bar), who bad astborised him t say that he did
not with to be beard by sonaml, and only desired to be
sworn on t►e Old Testament.
Mr. J. STUART submitted that there was no precedent
whatever for besting consul upon • question which must be
resolved and settled according to the law and custom of par-
liament.

-----
Mr. B. WORTLEY said the question the house had to
cleeide was, whether the debits b. adjourned,
Kr. HUNK said he had so objectioo to an adjoarnment If
Ike amendment of the Attorney-Gummi were withdrawn,
spot which
Ts ATTORNEY-GENERAL having declared that if
the debate wee* adj.orned Pa should, oa its resumption,
withdraw his amendment, a prolonged and confased discos-
aim as to the most wormiest forts for taking the adjourn-
ment and resuming the debate ensued. Ultimately the
entombment was withdraws and notice of a new amendment
given declaring that Baron Rothschild should be at once
admitted to his seat on t.king the oaths according to the
forme of hie own faith.

Some esisallanecu but animated oontroverly followed re-
specting the day when the discuesioa should be resumed.
Lord d. RUSSELL 4xpresseel his opinion that the ques-
tion ought to he taken u early as possible. Us thought,
lON that it would be very difficult to bring the house to son
War, as ivies members appeared to do, that any one of the
oaths prescribed by law could be separated from the others.
de moved the adiournment o' the discuesios till Monday at
twelve o'clock. b viral speakers addressed the hone* emit
noisy and protracted interruptions, against which the
Speaker's voice was heard in vain. Mr. Reynolds (being
peculiarly aggrieved by these exclamations) indignantly de•
dared that those who sawed them would Sad it very incon-
venient to do so elsewhere. At last, Mr. Lastly moved that
the debate should proceed that evening upon members re-
assembling ; but this motion was negatived upoe a divi ion
by 191 votes to 62-129. A second division was called upon
a motion for filing the renewed debate for twelve o'clock on
Monday, which was *dinned by a majority of 168 to 67-101.
Os oar readmiesks late the gallery,
Mr. ANSTEY was addressing tn. house, and we under-
stood him to be expressiog a hope that in the event of the
debate not coming to a conclusion in the miming sitting of
Monday, ministers would take such measures as to secure
its being continued and concluded the same night.
The house then adjourned to a quarter to 6.
The house maned at a quarter too x o"clge.k.
PETITIONS PRESENTED. _ _

_ -
8174111 COMML•NIC/TION WITH AWITIALIA. —By Mr.
SIMEON, from ab lie a hundred intending cAonista about
to packed to Canterbury, in New Zealand, in fivour of
steam communication with toe Australian colonies By Mr.
SCOTT, from merchants of tha City of London, in favour of
the Cape route to Australia ; Mr. CARDWELL, from Li•
verpool, in fay.Jur of Elam communication with the Austra-
lian colonies.

CHUMMY INSPICTIOX BILL.—By Mr. WYLD, Iron
colliers of Duress*, fa fsv um of this b 11.
OATH or Mu CLATIuS (Jaws) BILL.—By Mr. DE ED ES,
from St. Juan the Apostle. Dover, and Dymebutat,
amtiost this bill.—Pvtltions went ',stemmed by Sir C.
LEMON, from a place in Cornwall, against any further con-
cessions to the JOWL
PUBLIC PETITIONS COMMITTEE.

Mr. THORN ELY brought up the 6/ at report of the coil.
"tt"
" public
"utiii"Vim PARK.

Sir F. THESIGER presented a petition from four gentle-
men residents in the neighbourhood of Hyde Park. stating
that they hod been the intending relat,m to certain proceed-
ings in the Court of Chancery to sa the commissioners
for the exposition of 18.51 from bu 'ding in the perk. They
stated that thee.. had been a surrender by her Majesty and
her predecessors of the hereditary ties and possessions
of the crown is lieu of a civil :list, end that Hide-park was
one of these posteriors. and was placed under the C3111f.11 of
the Corenitsioners of Woods and Forests as trustees. The
petitioners complained that thentrust had been violated, 20
acres of the park having b:en leased for the purpoee of
mewing a building for the exposition. They stated that
they bad proceeded to institute proceed'isgs in the Court of
Chancery. but that the Attornej-Oeneral hid refused the
treasury unction, and they pressed the house to take such
steps as might be necessary to prevent a practical denial of
justice.