THE CHIEF JUSTICE

Evening Post, Volume CXI, Issue 26, 1 February 1926, Page 6

THE CHIEF JUSTICE

RETIREMENT OF SIR ROBERT STOUT

FAREWEMLED BY BENCH AND BAR

MEMORABLE AND TOUCHING CEREMONY

All the Judges at present in Wellington, and practically all the members of the legal profession practising in this city, attended at the Supreme Court to-day to" bid. farewell to Sir Robert Stout on his relinquishment of the high office of Chief Justice of New Zealand.

The Judges present were: Mr. Justice Heed, Mr. Justice Macgregor, Mr. Justice Ostler, Mr. Justice Alpers, Mr. Justice Frazer, and Mr. Justice Hosking.

The Hon. F. J. Eolleston, Minister of Justice, represented the Government. Amongst the members of the Bar were: The Hon. W. Downie Stewart, Attorney-General; Sir John Find- , lay, K.C.; Mr. A. Gray, K.C.; Mr. M. Myers, K.C.; Mr. A. Fair, K.C., Soli-citor-General, and Mr. E. Kennedy,, president of the Wellington District Law Society. Messrs. W. J. Treadwell and Mr. Currie represented the Wanganui District Law Society; Mr. IJL F. O'Lcary, represented the 1, Canterbury District Law Society; Mr. E. Hadfield, the Hawkes Bay Law Society. Mr| Treadwell also, represented tin Gisborne members of the legal profession. The Magistrate's Court Bench was represented by Mr. 13.-. Page, S.M., and Mr. C. E. Orr- Walker, S.M., Mr. AY. G. Riddell, S.M., being absent from Wellington. The Justices of the Peace Association was represented by Mr. I. Salek, and the Police Force by Inspector D. Cummings. ATTORNEY-GENERAL'S ADDRESS "The members of the Bar," c id the Attorney-General (the Hon. W. Downie Stewart), "desire to express their deep sense of the great loss they are sustaining in the retirement of the Chief Justice, and to convey to him their admiration of his long and illustrious service to the Dominion and their personal affection and eateom for him as a man, Judge, and a citizen. "I may perhaps here be allowed to read the following telegram, to Sir John Find!ay from the Otago District Law Society:—'As a prominent past member of the Otago law Society, would you be good enough to convey, if opportunity offers, the following resolution, to his Honour the Chief Justice, as .part of Monday's function: "The council of the Otago Law Society marks with regret the retirement of the Right Hon. Sir Robert Stout, P. 0., from the exalted position of Chief Justice of this Dominion, and desires to convey, on behalf of its members, this expression of their esteem and sincere affection, and also their appreciation of ihe invaluable services rendered by him to the people of this Dominion in the Departments of Justice, Education, politics, and other spheres of national importance, and hopes that lie may be'pe'ityiittert to enjoy many years. of health and happiness in his retirement." '

A RARE OCCURRENCE. "The retirement of a-Chief Justice in New Zealand," said the - AttorneyGeneral, "is a rare 'occurrence, for we have had only four Chief Justices' since the appointment 1 of Sir William Martin over eighty years ago. But when that retirement relates, as in the present case, to one who has not only been Chief Justice for over a quarter of a century but has been a great national figure in the life of New Zealand, it becomes an event which touches not only the legal profession but all classes of the community. It will be' superfluous for me to recall on this occasion in any detail the various phases of' Sir Bobert's career. He had the good fortune to be born in Scotland, and he also perhaps had the good fortune to leave Scotland while he was still a young man. (Laughter.) Wi? Hays Heard from his own lips his passionate love for the country of his birth, and it is unquestionable that to his Norse ancestry and to his early life in the Shetland he owes that magnificent physique which has carried him successfully through a long and strenuous career. To his early associations also he must owe that deep and widespread interest which ho has .always manifested in educational and intellectual pursuits, for at the time of his early boyhood Scotland was fam- 1 ous for its pecuniary poverty and its intellectual opulence. It is ono of the glories of Scotland that she has bred and sent to all parts of the world leaders of thought and action —men of the stamp of,the retiring Chief Justice. On hia arrival in New Zealand Sir Eobert settled, in Otago, which possesses many of the advantages of Scotland and none of its climatic disadvantages. It was in Dunedin that he won his spurs as a brilliant advocate; it was there that he served his apprenticeship in provincial politics in competition with leading men who afterwards moved with him into the wider sphere o£ New Zealand politics; it was thero that he first displayed his wide and life-long interest in all forms of university and educational work, and in all tho outstanding social questions of the day. Although his later sphere of work has made his visits to Dunedin few and far between, it is still the case that when he visits the scene of his early labours and triumphs, he is greeted by all classes of the community with pride and affection. :

"To- .recount the details of his career," continued the AttorneyGeneral, "would be to record the political, educational, and social history of this Dominion for half a century. Ho has hold at various times almost every post in the* Administration, including the Prime Ministership. lie was knighed by Queen Victoria; ho was made a Privy Councillor by the King; he has been honoured by various universities and learned societies; but, above all, he has retained the confidence and affectiorf of Ms fellow-citizens.

"Since his appointment as Chief Justice ho has still continued to show the same tireless industry, and the same, rare simplicity, that has marked all his career. He has adhered throughout his life to a lofty, and rigorous code of self-discipline. To members of the Bar he has always shown unfailing courtesy, and particularly to thfl junior members ho has always displayed 1 leniency and a. help-ing-hand. Notwithstanding his heavy judicial work lie has always managed to keep alive his wide interest in hoc In I "nil liuiimuilririiui ciumtioiin. and lucre are faw wqu wUo maintain

"It is just over fifty-eight year 1? since I became a student of law, and just over 54} years since I wan admitted a member of the profession on' the 4th July, 1871. Before that admission, however, I had had some practice in the Courts, as at that time pupils of barristers were allowed-to appear in Chambers in the Supremo Courts, Wardens' Courts, and also jn Magistrates' Courts.

a wider contact with modern thought in all the leading countries of the world—both by correspondence and by reading. "Now that ho lays down the great trust which he has administered for so long a period,~and with such high ideals, the members of the Bar again express to him their cordial and deep sense of gratitude for the great inspiration and example he has been, and wish him many years of life and happiness to render still further conspicuous service to this Dominion." MR. JUSTICE REED'S REMARKS. Mr. Justice Eeed said: "Mr. Attor-ney-General,—This function is essentially a fare-well by the Bar-of New Zealand to the retiring Chief Justice. In such a ceremony the members of the Bench have no actual standing, and we are indebted for the courtesy which permits us to be present. Those of us who are in Wellington gladly embrace the opportunity of associating ourselves with the kindly references that v have been made to our late revered chief."" Turning to Sir Bobert Stout, Mr. Justice'Eeed said:—"Sir Eobert, I am proud to have delegated to me, as the senior. Judge present in Wellington, the honour of now publicly conveying to you the sentiments of your late puisne judges. . We heartily endorse all that has been said with regard to your zeal for the public service, your earnest desire to administer true justice, your failing courtesy, and your kindliness of .heart. "These attributes have assisted to make collaboration with you upon the Bench a pleasant duty, and your absence, in the future, will be sadly missed. "Sir, I have received from the Hon. Mr. Skerrett a letter which he desires I should read. ■'■"'.■' HIS SUCCESSOR'S TRIBUTE. " 'Judges' Chambers, " 'Ist February, 1926. " 'The Hon. Mr. Justice Beed, '' ' Wellington. " 'My Dear Judge, —I ask you to be good enough at the ceremony of farewell to.nhis Honour; the Chief Jusi ticc to say that I desire to completely associate myself with the tribute of respect and esteem which I understand the 'Bar is to- pay to him this morning. I should like to have attested my personal esteem for .his Honour by being present at the fteremony; but at tlie moment I cannot be regarded as a member of the Bar; and I am so newly of. the Bench as to bo 'unable to express my views as the opinion of a Judge. " 'I agree with what I believe to be the opinion of members of the Bar that Sir Eobert's long services to the State in . many capacities; his long and unique occupancy of the high office of Chief Justice; and the industry, integrity, and efficiency with-which he has discharged his important duties and presided over the Courts, intrusted with the administration of justice, deserves the grateful remembrance of the Bar and of the/ public,—yours very sincerely, „ "'C. P. SKEBEETT.' JUDGES' SINCERE WISHES. "In conclusion," said Mr. Justice Eeed, "I desire, Sir Robert, to s;..y that your former colleagues wish for you many years yet of health and happiness and usefulness to the community. ■ ■ ' :• "The otium cum dignitate which is the accepted state of. great men who have laid down their work does not mean in your case. Sir, the once of sloth. Such a condition to a niau r £ your temperament would be intolerable. Your wide and varied interests,, and your untiring industry will, I am sure, provide you with congenial oacupation for the evening of your days, and'in that occupation you will find the ease'that alone would appeal to a nature such as yours. That it may prove so is the sincere and earnest desire of all thoso who have been associated with you. Sir, we are proud to join with tiie members of the Bar of this Dominion in paying this tribute of respect to you, and with them wish you^he best of health and happiness for many years to come."

SIR ROBERT STOUT' S REPLY. Sir Robert Stout, speaking with much feeling, said:—"Mr. Attorney and Gentlemen of tho Bar,—l have to thank you for your attendance,, hsro, to-day to bid me farewell on my retirement from my office of Chief Justice of New Zealand, and for the kind wishes you have expressed for my future welfare.

"In about four months' time I would have: been twenty-seven years on the Bench, and you can well understand that it is with regret I resiga my office. I think, however, at my age—now in my eighty-second year — it is time I had some exemption from compulsory toil. I am glad, however, to be able to state that my health, still remains good, that my memory, my eyesight, and my hearing are still so far unimpaired that,l feel able.to do my work. " ' * .', "I have not felt my duties onerous, and I attribute this to the assistance I have received .from the profession and from the. officers of the Courts past and preseiit.

MANY CHANGES. "During tlio time I have been associated . with the profession' there havo bcDi many changes. Few now survive of those who were members of the profession 1 when 1 joined it. There havo been many changes both in ntiv Hubstaulivo and adjective law, aiid v. aeiV; briuieli—Labour Laws

„ "I mention these matters because, as I have, said, it is to the legal profession that we must look to promote and maintain the. highest ideals of law and justice. As members 'of. an honourable profession and citizens they must.realise the duty of service to. their Country, and to the community, and to enable them to faithfully perform such duties our young lawyers must not only cultivate a comprehensvie Knowledge of legal history, but they should be able to help in the evolution of the better man with the high ideals and responsibilities of citizenship.

"The law students of to-day are placed in a very much more favourable position than the students of the past. They have greater facilities for the study of law. The books and treatises now obtainable are better than they were in the olden days. Many of them can also attend .law schools at the various university institutions, , and there are librariesthroughout the Dominion from which they will be enabled to obtain a knowledge of literature and science, and all those things are necessary to make an efficient lawyer. ,„

—has been added to our Statute Book. These changes show great social progress. 'Our law,' it ha? been said, 'is well saturated with medieval thought.' It does not however, follow that all medieval thought was wrong or bad or barbarous. We have to keep in mind that laws are the reflections— thoughts—of the people, and from a partly civilised people. we must expect that the laws may not be always faultless nor do they always fulfil the requirements of justice. During the past 58 years there has been a continual strugggle to adjust our laws to our social requirements, and W3 have succeeded in many ways.

"We have made -laws'that' were not in force in other English-speak-ing countries; we have dealt with tha questipn of the disposition of property of intestate as well as testate persons. We have also made provision for illegitimates. Our Criminal Code has been improved' in many ways, and our law of ' procedure in the Supreme Court has been simplified to an extent that is unknown in any other country. NEW ZEALAND CITIZENSHIP. "There are many matters, however, left that require statutory attention, such as that of domicile and of citizenship, and amendments to our Criminal Law. In my opinion, we should recognise a New Zealand citizenship. The High Court of Australia, according to a recent decision, seems to have recognised an Australian citizenship, and as we hava power to make laws for the good government of New Zealand, we ought to have authority to create a New Zealand citizenship, and there should be granted to our Courts power to punish offences committed by New Zealanders when abroad if they raturn to their own countiy. NEED FOR REFORM AND PROGRESS. "It is, however, not necessary that I should "dwell upon the need of reform and progress in our law. I hope that the members of the profession, will consider it to be their duty and their function to guide our citizens iii legal reform. It is to the profession that our citizens must look for such guidance!. In the past we have seen many, great lawyers becoms great reformers, and at the present time the world is now recognising that if civilisation" is to progress it is to the law that one must look for assistance and-not to war.

"A nation will be deemed civilised only when it conforms to .the highest ideals of order and justice. It was such ideals in the past that made nations civilised. The motto cf my natal county comes to my recollection. It is—'Med loguni skall land byggia,' which, translated, means—'By law shall the nation be built.' Peace is desirable, but peace must not be obtained at the expense of law and order. Behind every Court must stand authority 1 and power to enforce the Court's decrees. The.wise enforcement of such decrees and the punishment of la\y-breakcrs will ensure that safety and stability which, are necessary for the existence of the State. 'Justice must be done even though the heavens fall.'. Nor will the strict enforcement of law prevent humane efforts being niade to educate, to reform, and to civilise our law-breakers. TREATMENT OF DELINQUENTS.

"In the methods of pur treatment of delinquents in Now Zealand wp have made marked progress, and attained marked success. The system of our 'open-air prisons' and prison farms has been the means* of redeeming many of our prisoners. It would, however, be fatal to'our civilisation if the evil-doers did not recognise thai the Magistrates' duty is to maintain law and order and enforce justice. Wp can show that we can do so without resort to the barbarous methods of the past, and as. I have said, we havp made great advance in humanitarian ideas. The last word has not yet been said regarding criminal reform.

STUDENTS OF LAW. "Those who are studying law at the present time have' therefore, in addition to fitting themselves for the performance of their professional duties, to become acquainted with the widest culture. This will entail no doubt strenuous labour, but if they attain this wide culture they will be well rewarded.

FINAL FAREWELL WORDS. '' May I now express my thanks to the members of the profession for their kindness to me during the time I have held office on the Bench, and for their universal courtesy, and may I also thank the officers of the Court for .the great assistance they have given me at all times. ''I think-we* have a right to be proud of our Civil Service in New Zealand, and so far as the servants of the Justice Department are concerned, I have found them most able and diligent, realising their duty and their function as Public servants anxious to fulfil their onerous work. ,- "On retiring from the Bench I do not consider I should in any way lose interest in my professional brethren, but hope from the more peaceful outlook of leisure I shall always take a keen interest in all that pertains to the well-being of our citizens and our country. "I thank you all; good-bye, and may all be well with you and yours in the coming years."