AT THE "BACK DOOR."

Press, Volume LIV, Issue 16208, 10 May 1918, Page 4

AT THE "BACK DOOR."

A SOLICITOR'S APPLICATION, i' ' ' ■

FOR ADMISSION" AS . A

BARRISTER

An interesting point concerning the qualifications necessary for admission as a barrister of the Supreme Court was involved 'in a matter which came before the Appeal Court at Wellington on Wednesday. Charles G'live L'naimers, managing 'clerk of trio Common .Law Department tor tne firm of Messrs tfuudle, .Richmond, and iiuddle, of Auckland, applied tor admission us a barrister, having been for at least live years continuously immediately preceding the application a managing clerk or partly in active - practice as a solicitor. On tne Bench were the Chief Justice (Sir liobert Stout), Mr Justice Edwards, Mr Justice Cooper, Mr Justice Chapman, and Mr Justice iSim. Mr K. M. Algie appeared for the applicant, and Mr H. i l '. von Haast for the New Zealand Law Society, tvhicli opposed the application. Mr von Haast stated that the Law Society did not in any way question either the character or the ability of the applicant, but simply claimed that he had not brought himself within the statute.

Mr Algie* submitted that although his client was managing clerk of the Common Law department only, he was fully entitled to come in under the Act. He quoted numerous cases in support of - his contention, and urged that the legislature fully intended that the door should be opened to such men as tho applicant.

Sir Justice Cooper said he knew Chalmers personally, and had a very opinion of his ability. He thought he was much more eligible for admission than many a country solicitor nonpractising on his own account. The Chief Justice: In view of all the opportunities for education, how is it that Mr Chalmers has not passed the necessary examinations?

Counsel: I will endeavour to explain that. He is now .studying, in his own interests, to pass the examination, but his stumbling block is Latin.

The Chief Justice: Nonsense. He could learn Latin in six months. If your client could not pass in that time h« must be a very foolish man. That is all I can say. One hour's study a day would be sufficient. Chalmers is endeavouring to come into the profession bv the hack door instead of the front <ioor.

Mr Justice Edwards: But the Hack door is open, and as long as it is open we cannot prevent its use. Mr Algie asked for a sympathetic reading of the Act. In.reply, Mr von Haast said that the reason why the Law Society was represented was because it wanted a definite decision, as the matter affected the whole profession. Counsel was not arguing the matter in a hostile manner, and would be among the first to welcome the admission of Mr Chalmers. However, it was his duty to

put before the Court his interpretation of the Act, v.hieh was that it applied only to managing clerks who had tincomplete control of the offico, and not the_ control of one department only. The Court reserved its decision.