DISPUTE BETWEEN JUDGES

Hawera Star, Volume LI, 27 May 1932, Page 4

DISPUTE BETWEEN JUDGES

PEACEMAKER APPO INTER. ACTION BY CABINET. Press Association—L,, Electric Telegraph CopyrigiinO LONDON, May 25. Lord Sankey has been asked to act as peacemaker between Mr Justice McCardie and Lord Justice Scravton. The matter was raised in yesterday’s Cabinet meeting. The -‘Daily Herald” states that Jir Justice McCardie’s resignation ,a now definitely deferred. It was reported yesterday in the cable news as follows: Mr. Justice,, Me* Cardie has caused a. sensation 1 y rebuking Lord Justice Scracton, a Lord of Appeal, for the latter’s recent remarks when reversing a judgment of the bachelor judge. “Before this case begins,” said Mr. Justice McCardie, “I wish to say that in the event rf an appeal I shall not supply a single copy of my notes until I am satisfied that Lord Justice Serutton will not be a member of the Appeal Court. T regret that it has become my duty to administer this public rebuke to Lord Justice Serutton.” Lord Justice Pciutton had said that lie was surprised an unmarried judge should have explained what was the proper ur.’erclothing women should wear. In an editorial referring to Mr. Justice McCardie’s “pontifical retaliainn,’ -The Times” hopes that the undignified • ispute will go no further, as it- is q» .-to inconsistent' with the traditions of the Peuch. “Fraenk, fearless statements of iudicial opinion should be encoi.aged ” it says, “but they should not be in compatible with tact and cool, manners. Happily such incidents as xsterday’s are rare. Though tidy will not lessen public confidence in the judicial system Mhev must inevitably tend to lessen public respect for the mebers of the Judiciary who provoke them.”

NOTES TO BE GIVEN. REPLY TO MASTER OF ROLLS. Received 11 a.m. to-lav. LONDON, May 26. Taking his seat in the Court of Appeal the Master of the Roils aei laied. “As president of the court and with the approval of my colleagues I desire to reaffirm the duties of fudges to conform with the tradition and f rac:. e of taking notes necessary to enable a case to be laid properly and sufficiently before the Higher Court. A breach of that tradition would be a serious inroad on the right of suitors desiring cases to be heard before a higher tribunal. Without such assistance' ( ourt of Appeal suitors would be plaied at a serious disadvantage.” Resuming his seat on the 6''noli Mr Justice McCardie said: “In tblerence to the Master of the Rolls ,1 deem it my duty loyally to follow his inquest. Therefore if an appeal is Jieard on this or subsequent cases I will supply a copy of my notes in accordance v ith the existing practice. The interests of litigants must lie considered apart from other matters.”