THE SOCIAL STATUS OF JUDGES.

Auckland Star, Volume XXXIV, Issue 153, 29 June 1903, Page 5

THE SOCIAL STATUS OF JUDGES.

A PROTEST .FROM NEW ZEALAND. CHIEF JUSTICE THREATENS TO RESIGN. (By Telegraph.—Own Correspondent.) WELLINGTON, this day. Recently the judges of the Supreme and Appeal Courts of this colony sent a petition to King Edward expressing surprise, regret and opposition at the reduction oi their social pieuedence. In the order of precedence ox 19UU the (State ohiciais were placed as follows: Governor, General, Admiral, Chief Justice, military or naval commander (if of lower rank than general or admiral), members of Executive Council, puisne judges, etc. The new order of precedence to which exception is taken adopted by Mr Chamberlain on the recommendation of the Executive Committee of the Colony, pieces the Executive Councillors before the Chief Justice, and is as follows: (1) His Excellency the Governor, or (whilst acting in the place of the Governor) the Deputy-Governor, or officer administering the Government; (2) Naval Commander-in-Chief; (3) His Majesty's Ministers holding Cabinet rank; (4) Privy Councillors; (5) Chief Justice; (6) Speaker of the Legislative Council; (7) Speaker of the House of Representatives; (8) Puisne Judges; (9) Commandant of the New Zealand Forces; (10) Knights of various orders, and Knights-Bachelor, according to their precedence in the United Kingdom; (11) ex-Ministers, or others entitled to retain the title of "honourable"; (12) members of the Legislative Council; (13) members of the House of Representatives; (14) the Solicitor-General: (15) District Court Judges; (16) PaymasterGeneral; (17) Public Trustee; (18) Clerk of the Executive Council; (i 9) Clerk of Parliaments; (20) Clerk of the House of Representatives. Wives shall have the same order of precedence as their husbands. With respect to persons entitled to precedence in the United Kingdom, or in foreign countries, or in other colonies, their order of precedence shall be regulated by the rules heretofore in force. Mr Chamberlain, in replying to the petition, pointed out that the order of precedence fixed for the Chief Justice and judges of New Zealand was the same as that fixed for the same officers in Britain, Canada, and the Commonwealth. To this explanation Sir Robert Stout (Chief Justice), in a letter to the Governor, said it had hitherto been assumed that the conferring of titles and the awarding of social distinctions did not emanate from Ministers of the colony; that the new order set aside the precedence established by the late Queen, which was an net contrary to precedent; and that the office of Chief Justice of New Zealand corresponds not with that of Lord Chief Justice of England, but with that of the highest judicial officer, the Lord High Chancellor, who took precedence of Crown Ministers. In England also the judges took precedence of the Attorney General, but in New Zealand it was now proposed that the Attorney General should take precedence of the judges, including the Chief Justice. He pointad out also that the .Privy Councillors recognised in the Canadian table were Privy Councillors of Canada, but the only Privy Councillor in New Zealand was one Privy Councillor of England. He adds: "I regret that I am unable to accept the assurance that there has been no intention to belittle the judicial tribunals of the colony. The precedent now set may be used to punish the Bench by further degradation, whenever its acts are not in accordance with the views of the Executive. The independence of the Bench is therefore no longer assured. The precedence of the Chief Justice is most afl'ected by the new table, and I cannot therefore be blamed if I assume that the new table had a personal reference. Under the circumstances my duty seems clear. I am prepared, and desire, to resign my office so soon as arrangements are made for equitable compensation for my loss of office. As has already been stated in the petition presented to His Majesty, the terms of my patent of office have been violated, and I am therefore justly entitled to compensation on my retirement."