The Press. MONDAY, JULY 6, 1908. COLONIAL JUDGES AND IHE PRIVY COUNCIL.

Press, Volume LXIV, Issue 13160, 6 July 1908, Page 6

The Press. MONDAY, JULY 6, 1908. COLONIAL JUDGES AND IHE PRIVY COUNCIL.

Public attention in New Zealand was forcibly directed some two or three years ago to the subject of colonial appeals to tho Privy Council by Sir Robert Stout's expression ot opinion that the time had arrived when such appeals might with advantage be discontinued. Tho main points in the Chief Justice's arguments were the serious expense and tho long delays involved in tho proceedings, and the fact that members of tho Judicial Committee of that body, not being conversant with tho iocal laws and conditions of tho various colonies, wore liable to inako mistakes, from which moro inttmato knowledgo of colonial lifo and the intricacies of colonial law, especially concerning nativo races, would have saved them. Tho Bill which 1/ord Loreburn has just introduced into tho Houso of Lords should, if carried into law, remove all causes of complaint on tho latter score. The Judicial Committee of the Privy Council, which deals with all appeal* from India and tho colonies, consists of the Lord Chancellor, Lord President, and past holders of that office, the Lords of Appeal, and such members of the Privy Council 'as hold or havo held high judicial office. Any Cliief Justice or Jxidge of tbe Supreme Court of any colony who is a Privy Councillor may be a member of the Judicial Committee, but the imiuber of these oolonial members is limited' to five. At present, two Australian Cliief Justices (Sir Samuel Way and Sir Samuel Griffitlis), two Canadian Chief Justices, and tho Chief Justice of Cape Colony compeso tho fivo colonial members of t\te Committee. Tho Lord Chancellor proposes to raise the number to seven, thus enlarging tho opportunity for one of the colonial members to bo present, and he also wishes to give the Committee power to summon Judges from India and: tihe self-governing colonies as assessors in appeals from thoso countries. It is plain that if this can be carried out it will go a long way to prevent the mistakes which havo occurred in tho past. Tho matter was tho subject of an interesting discussion at tho«Oolon_ial Conference in London last year. It was brought forward in motions byMr Deakin in favour of establising an Imperial Court of Appeal, and: by Dr. Jameson, for tho codification of the rules and regulations of the procedure of tho Committee, with special regard to tlie removal of anachronisms, the curtailment of expense, and the minimising of delays. But the main feature of Lord Loreburn's Bill was specifically dealt with by Sir Joseph Ward, who, while upholding en behalf of Now Zealand the principle of appeal to tho Privy Council, pointed out that cases had occurred in which the members of the Judicial Committee, in deciding some Now Zealand appeal case, "had applied some rule of Eng- " lish law which had been revoked in " Now Zoaland, or omitted to apply " some rule of New Zealand law which " had not been specially brought under "their notice." What was suggested was that in every oaso of an appeal from a colony, a Judge from that colony should sit with the Judicial Committee, though not as a Judge, "his " function being to supply full inior"mation as to tho colonial law, and tho "points of difference between it and " the English law." Sir Joseph adklcd that in most cases tho number of Judges in the colonies was such that one could always bo on leave and thus available. That certainly is not tho case in New Zealand. Tho Premier's remarks found a most sympathetic hearer in the Lord Chancellor himself, who was then sitting with the Conference. After mentioning that ho "unreservedly"' agreed with Sir Joseph Ward's proposal, ho said he had had personal experience of tho value of colonial Judges on the Privy Council. "I re- '' member," he said, "an Australian " case relating to sheep, about great " tracts of land, and the mortgaging "of h, and so forth, and when I was " arguing this case before the Privy Council I was stopped by Chief Jus- " tice Way,, who happened to bo • present, who put in a piece of local " knowledge, which I am afraid ex- ' : ploded my contentions about sheep '* farming and sheep management— " knowledge which we did not possess." The opinions then expressed by the Lord Chancellor in favour of colonial Judges sitting with the Judicial Committee are embodied in the present measure, which, whatever its reception may be at Home, will l»e warmly, approved by the different parts of tho Empire. To take the case of New Zoaland, it would be of great benefit if the advice of a Judge well acquainted with tho intricacies of native land legislation wero available in appeals to the Privy Council. The authority of the Privy Council on general

matters of law is unquestionable and unquestioned, hut it would be expecting too much of its members to look for expert knowledge on their part cf r all the peculiarities of colonial law. Ii Lord Loreburn's proposals prove acceptable and some scheme can be devised for making use of the opportunity they afford, they will do much. ;o restore the prestige ef the Privy Council in New Zealand. j ~ =