A DREAM OF UTOPIA

Dominion, Volume 10, Issue 3137, 16 July 1917, Page 6

A DREAM OF UTOPIA

Sir-Sir John Findlay, M.P. for Hawke's Bay, has very early in the session proceeded to place on record his opinions as to the qualifications for appointment to the Supremo Court Bench, When he gave notice of his motion lie was pertinently asked "Where are you bound for?" to which, at the time, he made no reply. The full pertinence o£ tho question can only be realised by a careful examination of the terms of the motion. It asks the House to declare firstlv that no barrister should be appointed to a Supreme Court Judgesbip "merely or mainly" because he holds, or has held, office as a Minister of iha Crown. So far, the motion, even if carried, and thereafter passed into law, would bind neither Parliament nor Ministers, and would bar no one who possesses the necessary legal qualifications. But the second part of the motion —sava where the Public Sen-ice Act is surprisingly dragged in by the hocls —explicitly provides that the fact of holding, or haying hold, office as a Minister of the Crown should be wholly disregarded, and .the onlx test of fitnea should, be those

analiflcations which, a barrister possesses %i?i, °, ot his Private practice. ■Without a littln reading betwpeu the lißes, and some, shrewd surmising, the motion in not very helpful in infonfling ■us who wojild bo barred, and who rot. iu ? d s "e?«t to, Sir Joha Findlay that in order to overcome this defect he should define tho qualifications which ..would entitle a private barrister to.the appointment. Would he conttne the honour to King's Counsel? Surely Lot; ror, as Sir John must know, the appointment qf King's Coiinse) rests with tho party in powerj and is subject to tho same pa,rty rnnuences against which be 23. for the time, running a tilt. It cannot bo denied that in the appointment of King's Counsel some of those passed over havo equal qualifications with eomo those appointed. ■ i "iVhat, then, are tho qualifications for > -.T-udgeshlp? Aro thoy not found in ■high character and sound judgment, in a consistent honesty of purpose in situations. whore too often expediency dictates, in the unwavoring confidence of a •critical constituency, in tho respect nnd ?? e j, m °-S lnr ? e part y ? Sir Joliri i'lndlay will naturally inquire "What of tho legal attainments?" Those ore .found in sound judgment, nnd not in brilliant advocacy; oxporienco has sl.own tlut clever advocates do Jiot always make good Judges, and' that many excellent Judges wero not distinguished pleaders at the Bar Sir John Tindlay, also, rannot surely forgot that polltioa is an exacting mistress, that devotion to the service of the State pripplea private practice, and. that eminence in tho Parliament is sometimes gained by tho sacri- ™ in the profession. if, however, Sir Joha -more to amend ;fli9 motion, by making present or nast .f« u Pancy of Ministerial office an. al-so-iute and time utterly •aorbid to Ministers-or ex-Ministers the hope of appointment;-to tho Supreme Court Bench, he would at least receive T? g tJ lU V.\ Nyny « ace of self-soeking. It would not then be amiss if, while tho ardour W he wore to enlarge the Scope of his efforts, and place' beyond ■tho reaoh of ■ tomptation some other cfiices and appointments; for example, no iwsott more than once rojected by a contl.H ?. sho ". I , <l "PPointed to the Legislative Council; no person who has rover represented a constituency should hold office as a Minister of the Crowa; no ■3" not authorised by Parliament ;shoßld undertake; to represent the Do™m°° at . an Imperial Conference; no Member elected only through an nnnreWnation *?* W ° US, ? clhinataon of partiea-unlikoly io occur S la 7 century- B hould U considered SJ r P lac « or pover; no barrister should accept a brief which he ought to .M&ri W-VKtl»«« receive ftitlo .JWJiicJi ho lias not desDJTod.-I am, etc., ; -EXSPECXANS DILUVIOJI.