SIR JOHN DENNISTON

Dominion, Volume 11, Issue 117, 4 February 1918, Page 6

SIR JOHN DENNISTON

FAREWELL TO THE BAR TRIBUTES TO HIS SERVICE After just on 29 years' service as a Judge of the , Supreme Court of Now Zealand, His Honour Mr. Justice Denniston, who has resigned, bade farewell to the Bar on Saturday morning, at a little ceremony in the Supreme Court (says' the Christchurch "Sun"). Member's of the Bar wern present in force. Mr. Justice Chapman sat with His Honour. The Hon. T. M. Wilford (Minister of Justice), Mr. H. W. Rishop. S.M., Mr. T. A. B. Bailey, i S.M., Superintendent Dwyer, and many others were present. In his farewell speech to the Bar, His Honour said: — "As this is the last occasion on which I shall occupy this seat, I desire to take.' j advantage of the opportunity you have j by your attendance here given to me j to bid farewell to tbn Bar and to the ; solicitors over whom I have (except for ■ a, vr-nr in Auckland) continuously pre-, sided since. I becime a member of the ! Supreme Court Bencli. You are aware I that I have for some, time desired to be j relieved of the burden of office. I havepassed the age at which Parliament in its wisdom has decided, not only that some Judge may at that age have outlived his powers of usefulness, but also that he mav have done so without being conscious of the fact. Had this procrustean provision always existed , , it •would have deprived Key Zealand not j only of many years' service of some of its'most distinguished Judges. Imt of one living member of the Bench whose unimpaired physical and mental energy would nut to shame many of the youngest members of the Bar; and it must in the future deprive it prematurely of many vears of services which we shall great.lv miss. I niti not withm the actual" ambit nf this Act-nor, I hope, am T phv?ically cr mentally within its spirit. Of the .latter, bowever. a man is not always in his own case the best judge. , ' Strenuous Labours. "I am within a few days of ■ the twenty-ninth anniversary of my first occupation of this seat. Since that date the judicial work of the district has greatly increased and-has within the last few years required strenuous and unremitting labour to overtake ltrlabonr which has the disadvantage of havintr to be undertaken singly, lou will therefore, not think it surprising that I should desire liberty and leisure for whatever term of the future may be allotted to me.. Strenuous as the work of those past years has been it has been varied and interesting, and I "ope that I am justified in. believing that it has been of some service to tho State. If I am so justified, then anj such service has been accomplished in association with you whom 1 am now addressing. , , T "On looking up an old scrap book 1 find myself saying, when referring to tho observations of Mr. Wcston, who then spoko for the Bar, as to the importance of tho friendly and cordial relations which had existed between the Bench and the Bai\in this district:, 1 feel as strongly as you do on the importance of such legations. Ihey aic> important not only for the comfort ana convenience of the parties themselves, but as tending to preserve the public confidence in, and respect for, the administration of justice. I have no doubt whatever that with a mutual desire to support at once tho dignity of the Bench and the independence of the Bar, tho existing good relations will remain unimpaired, and if it were possible, will bei improved; and I trust s-nd believe that at the close of my judicial career, be it long or short, 1 shall find that these relations are on the same cordial footing as they have to-day been shown to be. , Threo Generations. "Well my- judicial career has been long, much longer than I theu anticipated, and I feel that I can to-day say with confidence that my trust and belief were justified. I have presided over threo generations ot the thristchurch Bar. As to the oldest of these, the veterans of the pioneers of the province, 1 have frequently expressed my gratitude for the support and assistance which they, my seniors both in ago and standing, extended to me during ttc early years of my judicial life. In the ordinary course of nature ihcy have passed away. Of my contemporaries, many also are no longer with us. A , younger generation is, also in the ordinary course of nature, coming to the front, and giving evidence of its capacity to maintain the character and the traditions of its predecessors, With all of these, as I have said, my relations have been of the most friendly, the most cordial, character. ihese harmonious relations between Bench and Bar, not oniy, as I so many years ago said, affect the comfort and convenience of both—lubricate, so to speak, the judicial machinery, and tend to preserve :he public confidence in and respect for tfie administration of justice. Ihey do more—they largely facilitate the dispatch of business. 1 have no hesitation in saying but for this mutual understanding between Judge and counsel—the ready recognition of and deference io ii suggestion from the Bench, this co-ordination and co-operation of Bench and Bar—the work of this district could not have been kept up. In what I have said I include tho Bar of the various circuits of the district. Much of. these results is, of courso, duo to the very special relationship created by a close association of nearly three decades. i Court Officers.'

"in speaking of cue smoothness of tho wonting or the judicial macmnery, it would be a great injustice to omit t'u refer to tho great responsibility as to that thrown un thoso wnoiii i inav, to carry out the metaphor, call the etiief engineers—the iiogistrars of tho Court;. Every Judge, every practitioner, knows how much ot the elliciency and ease in thu working of the Courts depends on them. 1 am glad of the opportunity of expressing now much during all these years I have been indebted to these officers. I found in the first instance my old friend Mr. Bloxam in charge, and i need not toll tho older practitioners how invaluable I found his assistance. We were deprived of his services in the prime and vigour of liia powers, by an arbitrary time limit. Air. Hawkins, now in Wellington, succeeded him. ' As to the present occupant, my friend Mr. Holmes, who brings lo his duties the combination of an encyclopaedic acquaintance with the statutes and authorities, with a meticulous knowledge and enjoyment of the details of practice, I need not speak. All of you know, and lam sure appreciate, him. Many of those who have- begun their public service as deputies in the Christcluirclr office have reached a high position in the service. I hope the present necupant will be another illustration of "this. "May I add my indebtedness to those whom Lord Onslow once described to me as 'the recording angels,' who sit below me? They have often made me say things I did not say, or at least made me say them in somewhat different terms'to whnt I did say—but for this I am afraid I am myself largely responsible. I have specially to thank them for the readiness with which they have (somotimes I have noticed, reluctantly) abandoned at my request material which would have made excellent copy. lam glad to feel that this parting between myself and you i s only official. I have anchored myself to tho Christ-church hills, and hope to continue in private life our cordial relations of tho past."

Canterbury Law Society, bade His Honour a judicial farewell from tlio Bar over which lie (Sir John) had presided with so much distinction to himself and with so much satisfaction to the public for nearly thirty years. Though much, valuable and important work was done'by a Judge in chambers, it was from his public, actions that the public formed its opinion of a Judge. The actions of His Honour were many, and were recorded in the law reports of the country. Their merit could not bo added to, or substracted from, by anything which ho (Mr. Donnelly) could say. Mr. S. G. Raymond, KC., Crown Prosecutor, convoyed to His Honour the regret of thn Westland Law Society and the South Canterbury Law Society at his retirement, and their expressions of goodwill. He a\so read letters in which the officers of the Supreme Court staff asked him to tell Sir John how sorry they were that he was retiring, and how grateful they were for his many kindnesses to them. Superintendent Dwyer had also asked i the speaker to convey expressions ot ! goodwill from the Police Department I Mr. Raymond added expressions ot : goodwill' from bimself and the other : members of tho Bar, aid referred par- ; ticularly to the. many hours of anxiety j. which His Honour had given to the i criminal law work. i Mr. George Harper, who remarked that, with the exception of Mr. Helmore. senr., he was the oldest living I practitioner in Chrisichurch. expressed I appreciation of His Honour s forbearI a nee and personal kindness on and nit the bench, and added a hope that Sir John would long enjoy health and strength to give the community tho benefit of his experience and companionship. His Honour responded feelingly.