CHANCELLOR AND JUDGES

Greymouth Evening Star, 17 December 1934, Page 5

CHANCELLOR AND JUDGES

A COMPROMISE ARRANGED. (By OABLB—PBBBB ASSN.—COPYBIGHT.] I LONDON, December 15. In the House Of Lords, Lord Reading resumed the ’debate on the Judicature Bill, as to which the Chief Justice. Lord Hewart, 1 lias protested. Lord Reading said that Lord Hewart’s statements on Tuesday were disturbing. His most serious suggestion was that Lord Justice Slesser was to be prevented from presiding over the Second Appeal Court because he had been appointed to the Bench by a La-i bour Government. Lord Hewart: I did not make that I suggestion, but I' suggested that the 'public might think so! Lord Reading said he refused to believe that the Government had been actuated by any such consideration. No Government would attempt to affect the position of a Judge because he had belonged to a political party. He) suggested, as a way out of the undesirable position, that the Government should insert a proviso in the clause complained of to the effect that only future appointees would be affected.

g and that it was not to operate as far 11 as the present members of the Court f of Appeal ' were concerned. The i, whole object was to prevent any t thought of, affront or indignity being B imposed on Lord Justice Slesser. b Lord Ponsonby. said that he dis--1 agreed with. Lord Reading’s view, that Jit was inconceivable, that this super- - session of Lord Justice Slesser had 1 been done from political motives, t Plenty, of examples, he said, could be 1 quoted to show that the holding of : Labour views did not result in social < or professional ostracism. j Lord Hanworth said that his rela- , I Hons with Lord Justice Slesser, ever I since he was appointed in 1929, had I been cordial. He desired to emphal sise that he had had nothing to do ■ with the genesis of the clause to which Lord Hewart had objected. Simply as a friend, he had told Lord Slesser ; that it appeared, from this clause, that

i he would not automatically., preside over the Second Appeal Court in the absence of Lord Justice Greer, while ho knew nothing of Lord Hewart’s complaints till he had heard them on Tuesday. Lord Hailsham said he had never intervened in a debate more reluctantly , than now, but he felt that he must do so in defence of a civil servant. Lord Hewart’s speech on Tuesday had implied a ssathing and sensational attack on Sir Claude Schuster, who is the Head of the Lord Chancellor’s Department. Lord Hewart had sug-1 gested that there had been a plan. that the Department should substitute the Minister of Justice*’for the Lord I Chancellor in order that this Depart- [ ment might control the appointments to judicial offices. There was a plan I for a Ministry of Justice. It dated back to Lord Haldane’s 'Lord Chancellorship in 1913, which was before Sir C. Schuster’s time. Actually Sir, C. Schuster had throughout constantly i opposed the project. The whole idea) of the chief offending clause was that; the Vice-Presidency of the Appeal Court would go to a Judge who had not sat with the Master of the Rolls in the First Court. The idea that this clause was designed against'Lord Justice Slesser was most astonishing. The clause contained nothing sinister or improper regarding Lord Slesser, or anyone else. It proposed a sensible efficient w'ay of regulating the business of the Appeal Court.

Lord Sankey (Lord Chaficellor) said that the whole idea of the offending clause was .to have a Common Lav; lawyer presiding in one Appeal Court, and s. Chancery lawyer in the other, irrespective of rights of seniority. There was no idea of discourtesy to Lord Hewart, and no political bias against anyone throughout; but he proposed to adopt Lord Reading’s suggestion that no present Lord Justice should be affected. Lord Sankey, answering an interruption from Lord Hewart; replied: — “Quibbles'are no use in this case.” Referring to Lord Hewart’s point as to political influence in the case of Lord Slesser, Lord Sankey many times cried, “Moonshine —just moonshine!” Lord Hewart expressed his gratitude at the kind references made during the debate. He did not desire to prolong the controversy. He was thankful to hear now that the old proposal for a Ministry of Justice was dead and buried. The second reading of the Bill was carried without a division. Thereafter Lord Sankey and Lord Hailsham walked across the floor of the House and shook hands with Lord Hewart.