LETTERS TO THE EDITOR.

Dominion, Volume 4, Issue 1144, 3 June 1911, Page 3

LETTERS TO THE EDITOR.

PARTY POLITICS AND THE CHIEF JUSTICE. Sir,—l( may or may not be a Rood principle to lay down that no Judge ot tho Supremo Court should l>o paid for extra services, however exacting in importance, rendered to the Slate. It. is, however, incorrect to assert that such payment is contrary to practice or aliv principle which has been adopted in the past. I believe, though of this 1 am not sure, I nave been unable so far to' verify niv recollection that Mr. Justice Hictimoml was paid for his services on the Heietaunga Commission. Though his report' was much discussed, and was adversely criticised by Sir George Grey, Mr. Hoes, and others, no one was mean enough to suggest that the .Tudgo was moved by sordid motives in his subsequent couduc't on the bench. Mr. 'Justice Johnston, through two Administrations, was paid special remuneration for his work ou special commissions for four years, and no one was despicablo enough "to suggest that his fairness was affected bv this fact. Reference to Hansard (Page 278, Vol. 11-1) will show that the vote of ,£3OOO on Estimates, 11)03-9, for the cost (including remuneration to the Chief Justice) of the Native Commission was after questions were asked and the matter explained, passed with no adverse comment from Mr. Massey and his friends. In Hansard it will bo seen at Page 913, Vol. 118, 1009-10, that item ,£250 for same purpose was passed without discussion. It has sinco been discovered by some gentlemen, who must be taken to have acquiesced in these votes, that they were contrary to the Constitution, degrading to everyone, and evidence of all lands of evil in the Government and the Chief Justice. It has been stated by Mr. Allen, and the statement has been supported by you, that the Chief Justice's common-sense action, and his slight inaccuracy of statement in regard to the Hine charges were caused by sordid considerations. To anyone who has known /the Chief Justice, and whether, like myself, he has had to cross swords with him or not, this silly accusation is, in the'light of history, the "babblement" of malice or ignorance. When ho was a young man, and every temptation was afforded to join the classes, he, in disregard of his own interests, fearlessly and persistently supported the popular cause. No ono can truthfully assert that sordid motives, then or ever, have affected him in his public or private life, and yet we find you adopting the despicable, vulgar, and untrue statement that under his judicial administration there is one law for the rich and another for the poor—than which there was never a meaner mis-statement expressed. The solicitude shown by nil our Judges towards poor prisoners and litigants.confirms my statement. I repeat that the nile.that no Judge is to bo employed on any matter for an additional fee may be a good one or it may not, but it is absolutely incorrect to say that it lias been acted on. I don't believe that there is any wide opinion that the Judges,'or'any of them, cannot be safely employed and . adequately remunerated where. high and strenuous services' are wanted. If, as in the easo of tho' Native Commission, the duties mean sacrifice of family life and comfort, very special knowledge and capacity, it is only right that these services should lie paid for. If, as in tho case of tho Statute Revision Commission, it means sacrificing holidays and burning the midnight oil, I know of no reason why the old precedent set in the case of Mr. Justice Johnston, when political animosity was not so' personal as it is' now, should not be followed. AVhen Sir A. Ceckburn was appointed to tho Genevan Commission, he received, by way of extra payment, XI2M, which was at the rate of about .£SOOO per annum, and' nearly doubled his pay while he was engaged on it. I have not been able to find out what the Judges who sat on the Venezuelan Commission obtained, but T feel certain it was a very large amount. No one stated that these- high Judges were corrupted In- these payments, and -I.venture 'to sav that our Chief Justice is as removed from sordid motives as any of them. , . Again, I say, if we are to have a change of rule, and our Judges are not to be paid whatever the circumstances may Ik, and whether the votes are passed without comment or dissension, from the Opposition, let lu discuss the question quietly, and without seeking to degrade the character of our Judges or maligning tho administration of justice.-I am, etc. T. W. HISLOP. [It is quite fitting that Mr. Hislop, who in - connection with tho Macdonald case came forward as a champion of secrecy in our Courts of Justice, should now enter the lists in defence of tho principio • of special Parliamentary payments to Judges over and above their statutory honorarium. It is regrettable, perhaps, that ho should descend to such abuse in his endeavour to give adequate expression to his contempt for our attitude in this matter as inaccurately interpreted by him, but in the absence nf anything better to support his case, no doubt this was inevitable. Mr. Hislop apparently is very shaky in his facts regarding his so-called precedents, and with good reason. His "Hansard" references are tho resort of a desperately hard-pressed man; and his defence of the "slight inaccuracy" of the Chief Justice in regard to the Hine charges is—well, it is Mr. Hislop. That "slight inaccuracy" was to state .that the person charged was not a member of Parliament at tho time alleged. Tho whole gravamen of the charge rested ou tho fact of whether or not ho was a member of Parliament at the time. Sir Robert Stout, without any evidence to guide him, gratuitously asserted that he was not—the plain fact is that ho was, beyond all possibility of doubt, a member at tho time. Perhaps this is a "slight" inaccuracy to Mr. Hislop. As to his quotations from "Hansard" (Pago 27G, Vol. 1U). why does not Mr. Hislop mention that the reason why thc matter was not then pressed was disclosed in the following dialogue: "Mr. J. Allen hoped the Minister would be able to furnish tho House with a little information with regard to the expenses of the Native Land Commission. "The Hon. Mr. Carroll would promise to furnish a return of the expenses." And so the matter dropped; to arouse a strong protest later, as already recorded by us. But, of course, these are only "red herrings." They havo no bearing on the question of principle, any more thou tho pathetic -picture ■of the sacrifices made by a Judge, wlw is already receiving ,C2o'oo a year for doing nothing as a Judge, being granted no extra money for tho work which has taken him away from his official duties. We are really puzzled to know why Mr. Hislop should havo rushed in to abuse us, and revive discussion of this question ot this late hour on such flimsy grounds. Perhaps the future will show.]