The Evening Star MONDAY, APRIL 27, 1903.

Evening Star, Issue 11871, 27 April 1903, Page 4

The Evening Star MONDAY, APRIL 27, 1903.

The proceedings in the Court of Appeal at Wellington on Saturday onr would have been sufficiently Jnfls»s. memorable, and their signi-

fic&nce sufficiently impressive, without the tragic emphasis which Fate has added. Mr Travers, the well-known legal veteran, rose at the close of the delivery of the Judges' protests against the imputations of the Privy Council, and, as doyen of the Bar, gave happily adequate expression to the sentiments of the profession-, from one end of the Colony to the other, respecting the character and prestige of the Judges of New Zealand. Sir Robert Stout had justly observed that the natural tendency of some of the remarks made by their Lordships of the Privy Council, emanating from so high a tribunal, was to create a. distrust of tie !New Zealand Court "of Appeal, " and to "weaken- its authority among those who "ore subject to its jurisdiction." Mr Travere, speaking avowedly in the name of the Bar, and voicing, to all practical intents, wo venture to say, the opinion of the ! entire community, expressed the " conviction that the feeling always entertained " by the Bar of New Zealand as regards the j " superior tribunals before which they have "the honor to practise, is not likely to be, I " and certainly has not in any degree been, " shaken as to the integrity of the Bench. " They feel that the judgments of the "Supreme Court or Court of Appeal, propounded individually or collectively, have "been characterised by the utmost integ"rity, and by that knowledge of law and "irith regard to the facte which are necessary in dealing with questions that come " before them. . . . We are quite willing that "your Honors should treat the protest "made by the Judges of the Court of Ap-' "peal as though it were supported in "every point by members of the Bar." Little did the venerable advocate think, as ho paid this hearty and effective tribute —little theught his colleagues who rose in their places to support him—that he was delivering a valedictory message, and that within forty-eight hours Fate's finger would tcuch him, in no gentle fashion, and silence the kindly voice for ever. So it was to be, however; and—deploring as we do the circumstances of Mr Travers's tragic death —it will be generally recognised that there v-os a fine and fitting significance in the last public scene of an honorable and useful career.

We suggested on Saturday that their Lordships of the Judicial Committee of the Privy Council would hereafter entertain a new respect for the intellectual and moral calibre of the New Zealand Judges. A closer study of the judicial protests only serves to accentuate our first feeling. The case against the "four strangers" is positively damnatory. They are smitten hip and thigh: discomfited, worsted, pulverised. Of the three deliverances Mr Justice Williams's is the best: indeed, some readers may be inclined to think that nothing more was required. Hypercriticism might regard the Chief Justice's remarks as a shade too elaborate, and those of Mr Justice Edwards as a shade too rhetorical; though it must be borne in mind that, as neither of these Judges was a party to the Porirua judgment in the 'Court of Appeal, their justification of the conduct of the Court has an exceptional value. But Mr Justice Williams's protest is simply a perfect piece of work: pithy, luminous, conclusive. Apart from the practical effect, it is most artistically done from a literary point of view, with a subacid flavor which tickles the intellectual palate, and which their Lordships of the Judicial Committee may be trusted to appreciate.' There is not a word too much or a word too little; the relentless grip of the subject (and of their Lordships) never relaxes; and at the end the reader is almost constrained to pity the victims, while conscious that they have been treated with the most scrupulous fairness. Sir Alexander Cockburn could hardly have done the thing Detter. The Chief Justice and Mr Justice Williams hare given such a full history of this Porirua raw that wa do not think it necessary to fulfil our previous intention of summarising the details. Moreover, it mtist b9 borne in mind that the object of the judicial protests was not to show that the decision of the Privy Council was wrong in point of \£w and fact. Such an aim would hardly have been proper—though, as a matter of incidental effect, certain conclusions are inevitably suggested It was the purpose and duty of the New Zealand Judges to show that their judicial competence, both intellectual and moral,- had been jnwarrantably and wantonly impugned; and if this could not be clearly shown without at tho same time exposing the ignorance and carelessness of their Lordships of tho Judicial Committee, their Lordships have only themselves to thank. Tie offensive imputations could not be disproved without carrying the war into the enemy's country, so to speak, and drawing attention to the amazing and arrogant recklessness which undertook to settle a complicated New Zealand dispute without an elementary knowledge of New Zealand Law and legal procedure. It may here bo noted that there is some reason to doubt whether counsel for the New Zealand Government before the Privy Council did justice to the case of the Crown. "The "second ground of our decision does not " seem to have been pressed upon their " Lordships in argument," observes Mr.

Justice Williams j and there are other indication that the representatives of the Solicitor-General hardly emphasised or elaborated their point* with adequate force. Not that this faflnre, if failure it •were, afforded sufficient excuse for their Lordships, who were at no loss gratuitously to introduce far-fetched and irrelevant considerations, and might have been expected to supply any omissions of counsel by noticing those considerations which were not irrelevant. The Chief Justice truly observes that "the matter is really a serious one." Granted that the Judicial Committee of the Privy Council have bees offered a lessen which they are not likely either to ignore or to forget, it is still a question whether the present judicial conditions and relationship can safely remain unaltered. We shall discuss this aspect of the matter, with one or two other practical issues, in another article. The new public school at Seaeliffl was formally opened on Friday by Mr Q. Stewart, chairman of the local School Committee. Then came the unfurling of the flag on the handsome new flagpole, 50ft high, which the efforts of local residents had provided and placed in the school ground. A. picnic followed, at which a special vote of thanks was accorded to the ladies of the district, who, headed by Miss Cameron (mistress of the sehool), had been most zealous in affording assistance on the occasion. In the evening a largely-at-tended social and dance was held in the Asylum Hall, lent for the occasion by Dr Truby King. The asylum band supplied the music. On dit that the manager of a City soft goods establishment has inherited an estate to the value of £20,000 by the death of a relative at Timaru. A gang of men were engaged on Saturday night and yesterday in improving the curve on the Roslyn tram line in front of the old Shamrock Hotel premises, and in connecting the old with the new line right through to the terminus at Princes street. The number of patients admitted to the Dunedin Hospital last week was 29, and 18 were discharged, leaving 91 inmates of the institution on Saturday night. There were two deaths (Elizabeth White and Shaw Grassland).

On the application of Mr Sim, Mr Justice Williams to-day fixed the case of Ramsay v. Mscpherson for the 14th May. In a postcard received from one of the partners of an engineering firm in England last week the following occurs:—"Sir Douglas Fox and I are fairly busy in our office carrying out various works, among other things two very large granaries, to hold 60,000 tons each, for the Cape-Cairo Railway."

Captain C. Hodge, J.P., presided at the Port Chalmers Police Court this forenoon. Charles Stevenson, for allowing a horse to wander in George street on the 25th inst., was fined 2s 6a without costs.

The Supreme Court was occupied to-day with the appeal of John Laffey against Mr Graham's decision convicting hinri of supplying George Magorian with liquoif when the latter was Intoxicated. Whilst Mr G. Ruthven was in the witness box he observed : " I can stand here before the Judge and say that I have never run a horse dead —I have always raced them for sport." The following tenders have been accepted by the Gas Committee of the City Council : —Cartage for the City gasworks, Mr A. Johnston, at schedule prices; supply of lubricating oils to the City gasworks, Vacuum Oil Company, at schedule prices. Tenders have been invited locally and from Messrs W. Coward and Co., receivable at the meeting on the 24th June next, for the supply of 24in cast-iron pipes and fittings. A fire broke out in the cellar at the Christian Brothers' School this morning, but litle damage was done. Special collections Were taken up at) the Mornington Wesleyan Church on Sunday in aid of the new church fund, and realised £SO.

A full meeting of Mr Thos. Scott's committees is called for to-night, at 8.30, in the Central Committee rooms.

Photographs of children are made a specialty by Mr Morris, photographer, Princes street. Charges, 21s per dozens—TAdvt.] Cr John MTkmald will address the electors to-night in the Howe street HalL

Gresham and Boot, dentists, 63 Princes street (opposite Bible, Tract Depot).—[Advt.] The fortnightly meeting of the City Council will be held to-morrow evening. Another shipment ladies' grey cloth jackets, newest styles, from 15s 6d to 525; best and cheapest in town. At T. Boss's, direct importer.—[Advt.] Mr J. H. Walker -will address ratepayers of High Ward this evening in the High street School Hall after the householders' meeting. The Anglo Co. are now fitting to their cycles the latest improved two-speed hub. Inspection i 3 invited at their depot, 6 Princes street.—[Advt.] The Dunedin Orchestral Society give the first concert of the season on Tuesday, May 5. Cr Maitland speaks this evening at Russell street, and to-morrow at Choral Hall.

Pearl necklaces, very pretty designs, suitable for preaents, all prices from 6d to 503 each; also choice side combs and hair ornaments; inspection invited. Hendy, hairdresser.—[Advt.] In the March number of the 'Navy and Army' considerable attention is devoted to New Zealand. A pictorial supplement deals with our Parliament.

Everyone interested In artistic house decorations should inspect the metal ceilings and wall coverings at Briscoe's.—[Advt.] Seats for the Westminster Glee Concert Party on Friday and Saturday next can now be booked at the Dresden. Several seats were booked this morning, when the plan opened. Mr J. P. Simon is a candidate for councillor Third Ward, Mornington.—{Advt.] Cr H. E. Muir will address the electors at Russell street Mission Hall to-night.

Cr Lawrence addresses the electors at tie Union street School Hall this evening. The sub-inspector of police wants an owner for two ladies' gold watches. A public trial of the new firebeD tower, South Dunedin, will be given on Tuesday evening, at eight o'clock.

The D.I.C. are now snowing a magnificent assortment of the new W.B. and La Vida erect form corsets. The introduction of these corsets has entirely revolutionised tho corset trade of the world, and most of the leading makers are now attempting to copy their models. The D.I.C. invite tadiea to visit their fitting rooms, and be fitted by one of their corset experts. There is a special erect form for each different build and figure, and a perfect fit is guaranteed.—[Advt,]