The Evening Star: WITH WHICH ARE INCORPORATED The Evening News, Morning News, and Echo. FRIDAY, SEPTEMBER 25, 1003. FEDERAL MINISTERS AND JUDGES.

Auckland Star, Volume XXXIV, Issue 229, 25 September 1903, Page 4

The Evening Star: WITH WHICH ARE INCORPORATED The Evening News, Morning News, and Echo.

FRIDAY, SEPTEMBER 25, 1003. FEDERAL MINISTERS AND JUDGES.

For the came that lacks assistance, For the icrong that needs resistance, For the future in the distance, And the pood that we can do.

The announcement that Sir Edmund Barton has tendered his resignation, as Federal Premier follows necessarily on the intelligence that he bas accepted a

position on tlie Bench of th. newly-con-stituted High Court, of the Commonwealth. His place will be taken by Sir Alfi-ed Deakin, who has been pi\___i_ally

second in command in the Cabinet, and has generally been designated as the Premier 5 ., successor. Sir Alfred Deakin has proved himself a party leader of considerable ability, and in Victoria at least

he carries a great measure of public confidence. Probably the new choice is as good a one as could be made under the circumstances, for the retirement of Mr. Kingston left the Federal Ministry none too well endowed with capacity and energy. Jl; is not unlikely that the position of the party that (Sir ... Barton has hitherto led will be somewhat strengthened by his withdrawal; for, in spite of his admitted intellectual endowments and high personal reputation, not even hi. best friends can claim that Sir E. Barton lias been, as Federal Premier, an unqualified success.* A tendency to inaction, a. certain hesitation, and lack of initiative, and a too obvious anxiety about the attitude of the Labour parry, have gone far to diseonnt the pvestigfe attached to him through the successful inauguration of the Commonwealth. There have been many signs of late that his followers would welcome a change of leadership, and pressure has been brought to bear upon the Premier to clear the way by retiring to the opulent dignity of the Federal Bench. It is well known that Sir E. Carton himself regards his new sphere as far more congenial and desirable than the strain and turmoil of Parliamentary life, and his decision is therefore neither unintelligible nor unexpected. Unfortunately there are features in connection with Sir E. Barton's retirement that will hardly tend to increase the esteem with which he Ins hitherto been regarded by the majority of Australians. When the institution of tho Federal Court was first mooted Opposition journals and critics loudly asserted that the Premier intended to reserve the post of Chief Justice for himself. To these insinuations Sir E. Barton has frequently given an emphatic denial. It is true that he has kept to the strict letter of his word, for the new Chief Justice is Sir Samuel Griffith. But, as far as the prin-

ciple involved goes, .there is Che same objection to Sir E. Barton in any capacity on. the Federal Bench. "The idea of polit'-ians stepping from Parliament on to.the High Court Ben.h." says the •'•Sydney Morning Herald," "is intrin_ieally and naturally distasteful. It invokes the undesirable spectacle of

Inwyers figuring as aut:h!ot_'ta.liive- adjudicators upon questions which a short time before they were ardently debating and differing about -on .tlie floor of Parliament." Any choice of tire judk.ary which Would make th* Bench 'look disagreeably representative of the Ministry 01 the day is certainly to be deprecated.

Wtebev-i' may be the Premier', merits or qualifications, lie has officially used his political po-wef to place himself in a highly lucrative and influential position; and from a sympathetic pciint of view we cannot help thinking that Sir E. Barton, in accepting this po_t, has eominiitted a great and grievous error of judgment. But over and above this constitutional argument, there are personal reasons that might well have prevented Sir E. Barton from offering his resignation at the present juncture. The party which he has led is in a very precarious situation. A defeat on the Conciliation and Arbitration Bill a fortnight ago left it ill an almost impossible 'position, and a change of Ministry seems to bave been averted only through one of the numerous defects in the Federal Constitution. The fiscal policy that Sir E. Barton has championed is on its trial, and will certainly form one of the test questions at the coming Federal elections. The action of' the BartorGovernment in the matter of the New South Wales electorates has been almost universally condemned. Mr G. H. Brio's resignation and his offer to fight Sir E. Barton in his own constituency have produced a considerable impression, and, before the Premier's elevation to the Federal Bench • was announced, his opponents insisted that he could not venture to refuse this challenge. "The Prime Minister," said tire Sydney "Herald." "is responsible for a new policy under a new Constitution, and if he were to evade | a face-to-face meeting with the electors ito vindicate that policy, in the teeth of its numerous opponents, he would take a course of which his foes'do not believe, him to be capable. Ugly as it would have looked for Sir Ii). Barton to dodge the ballot-box under any circumstances, the challenge of the Leader of the Opposition has surely made it quite impossible."' There is considerable force in this criticism, and the prevailing impression in Australia appears to be thai, in resigning now, Sir "!_. Parton has not only converted a Federal Justiceship into a political appointment, but he has confounded his friends and delighted his enemies by running away from the people in general, and Mr G. M. Beid in particular. Under the. circumstances, Sir A. Deakih's tenure of office does not open favourably, and we may expect serious political developments in the Commonwealth in the near future.