SIR JOHN DENNISTON

Lyttelton Times, Volume CXVII, Issue 17705, 4 February 1918, Page 6

SIR JOHN DENNISTON

RETIREMENT FROM THE BENCH.

FAREWELL SPEECHES FROM

THE BAR.

At a sitting o! the Supreme Court on Saturday occasion was taken by the members of.the Canterbury Bar to say. farewell to Mr Justice Denniston on the occasion of his retirement from the Supreme .Court Bench- The Bar was very fully represented, Mr Justice Chapman occupied a seat on the Bench, and the Minister of . Justice, the Hon T> M. Wilford, was also present.

JUDGE’S FAREWELL ADDRESS. Sir John Denniston, in his farewell address to the Bar, said “ As this is the last occasion on which I shall occupy this seat, I desire to take advantage of the opportunity you have by your attendance here given to me to bid farewell to the Bar and to the solicitors over whom I have (except for a year in Auckland) continuously presided ever since I became a member of the Supreme Court Bench- “ You are aware that I have for some time desired to be relieved of the burden of office. I have passed the ago at which Parliament in its wisdom has decided, not only that some Judge may at that age have outlived his powers or usefulness, but also that he may nave done so without being conscious of the 'fact. Had this pvocruste,an provision always existed, it would have deprivedNew Zealand not only of many years service of some of its most distinguished Judges, but of one living member of tile Bench whose unimpaired physical and mental energy would, put to shame jnany of the youngest members of the ‘Bar; and it must in the future deprive it prematurely of many years of service which we shall greatly miss. _ I am not within the actual ambit of this Act —nor. I hope, am I* physically or mentally within its spirit. Of tho latter, however, a man is not always in his own case the best judge. ! “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 (he district has greatly increased, and has within the last few years required strenuous and unremitting labour to _ overtake it—labour which has the disadvantage of having to he. undertaken singly- You will therefore not think it surprising that I should desire liberty and leisure for whatever term of the future may he allotted to me.

“Strenuous as the work of those past years has been, it has been varied and interesting, and I hope that I am justified in believing that it has been of some service to the State. If I am so justified then any such service has been accomplished in. association with you whom I am now addressing.

“ On looking up an old scrap-book I find myself saying, tvhen referring to the observations of Mr Weston, who then spoke for the Bar, as to the importance of the friendly and cordial relations which had existed between the. Bench and the Bar in this district: 1 1 feel as strongly as you do on the importance of such relations. They are important not only for the comfort and convenience of tho parties themselves, hut as tending to .preserve the public confidence in, and respect for, the ad>ministration of justice. I have no doubt whatever that with a mutual desire to support at once the dignity of the Bench and. the independence of the Bar, the existing 'good relations will remain unimpaired, and if it were possible will he improved; and I trust and believe that at the. close of my judicial career, he it long or short, I shall find that these relations are on the same cordial footing as they have to-day been shown to be.’

“ Well, my judicial career lias been lo.ng, much longer than I then anticipated, and I feel that I can to-day say with confidence that my trust and belief were justified. I have presided over three generations of the Christchurch Bar. As to the oldest of these—the veterans of the pioneers of the province*—l have frequently expressed my gratitude for the support and assistance which they, my seniors both in age and standing, extended to me during the early years of my judicial life. In the ordinary course of nature they have passed away. Of mv 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 their predecessors.

‘ ‘ With all of these, as I hare said, ray relation!- have been of the most friendly—the most cordial character. These harmonious relations between Bench and Bar, not only, 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 the public confidence in and respect for the administration of justice. They do more —they largely facilitate the dispatch of business. JJ have no hesitation in saying but for this mutual understanding between Judge and counsel—the ready recognition of and deference to a 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 salid I . include the Bar of the. various circuits of the district. Much of these results i is of course due to the very special relationship created b,y a close association of nearly three decades. “In speaking of the smoothness of the working of the judicial machinery, it would be a great injustice to omit to refer to the great responsibility as to this thrown on those whom I may, to carry out the metaphor, call the chief 'engineers—the Registrars of the Court. ''-.Every Judge—every practitioner knows Imw much of the efficiency and ease in the working of the Courts depends on these officers. I am glad of the opportunity of expressing how much during all these years I have been indebted to them- I found in the first instance my old friend Mr Bloxam in charge, and I need* not tell the older practitioners how invaluable _ 1 found his assistance. We were deprived of his services, in the prime and vigour ot his powers, by an arbitrary time limit. Mr Hawkins, now in Wellington, succeeded him. As to the present occupant, my friend Mr Holmes, who brings to his duties the combination of qn encyclopedic acquaintance with the statutes and au-

thoritiei, with a meticulous knowledge and enjoyment of the details of practice, I need not speak. All of you/ know and, I am sure, appreciate him. Many of those who have begun their public service as deputies in the Christchurch office have reached a high position in the service. I hope tho present occupant will he another illustration of this.

“I should be most ungrateful if I left the Bench without expressing my indebtedness to those who have these many years held the other offices connected with the Court. To both my old arid valued friend Mr tSeager, whom I am glad to see here to-day. and to the present officer, Mr Turnbull, I am indebted not only for the most careful and intelligent performance of their official duties, but to personal attention and services which I have found invaluable. “ May I add my indebtedness to those whom Lord Onslow once described to me as the recording angels, who sit below me? They have sometimes made me say things I did not say ; or, at least, have made me say them in somewhat different terms from what 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 (sometimes, I have noticed, reluctantly) abandoned at my request. material which would have made excellent copy. “I am glad to feel that this parting between myself and you is only official. I have anchored myself to the Christchurch hills, and hope to continue in private life our cordial relations of the past.

CANTERBURY LAW SOCIETY’S

■ . TRIBUTE. .Mr M. Donnelly was the-first speaker. Ho said:—“lt is my duty as .president of the Canterbury Law Society', on their behalf, to bid your Honor a judicial farewell on this occasion of your retirement from the Bench of the Supreme Court of New Zealand That position your Honor has held with distinction to your Honor and satisfaction alike to the legal profession and public for over twenty-eight yefirs, nearly half a lifetime. Though much valuable and important woi'k is discharged by Judges in chambers, yet it is more by their public action that people form their opinion of a Judge. Your Honor’s public actions are monumented and recorded in the law reports of the Dominion, and tho other various Sublic announcements made from tho ench and that of the Court of Ap-* peal. These speak for themselves. Their merits cannot be added to or diminished by any poor observations of mine. Yet there is one conspicuous point in your Honor’s judicial career ,to whicli it is not out of place for me on this occasion to briefly refer. There is one quality which, we are told on high literacy authority, becomcth an enthroned monarch better than his sceptre. That is the quality of mercy. Your Honor came to the Bench with that quality in your heart, and it has never been omitted in your practice since,. I venture to say that your clemencyj humanity and kindly disposition have done much to soften and mitigate the public punishments of the Dominion. You have been criticised for leniency, but never for severity. At this stage I think it is appropriate to - read the following telegram received from the Otago Law Society:—‘ The Otago Law Society, on the occasion of the retirement of Sir John Denniston from the Supreme Court Bench after twenty-eight years’ service, desires to congratulate Sir John upon his distinguished career, and to place on record its appreciation of his high sense of justice and clear perception of the principles of the law and his contributions to the volumes of legal decisions of this Dominion. The society wishes Sir John* many years of health and all happiness in his well-earned rest.’

“In the sentiments so concisely and forcibly expressed in that telegram,” proceeded Mr Donnelly, “every member of the Canterbury Law Society concurs. Any effort of mine to amplify its admirably expressed cogency would weaken those sentiments, not strengthen them.”

Speaking with considerable emotion Mr Donnelly proceeded: “I also feel justified in voicing similar sentiments on behalf of a large number of our younger practitioners who are absent on the sterner duties of fighting the battles of our King, country and freedom, from the North Sea to the Holy La,nd. We earnestly pray that they may 9afely return ere long to the land to which they often refer in their letters in terms of affection ‘ as our dear little country ’; but, alas for some, that cannot be. It must be. a source of great satisfaction to any judge, however eminent, to feel that he retires from his onerous position amidst tho best wishes of the Bar who have practised before him for nearly thirty years and also of the. Bar from whose ranks lie was selected as judge. I express the hope that these good wishes may all be realised and that your Honor may long enjoy health and happiness and

be able to confer, further benefitsi upon the Dominion which owes you so much.” MR RAYMOND’S TRIBUTE.

Mr S. G. Raymond, K.C., said that he had been asked to represent the Westland Law Society on this occasion, and to convey the following message from that society:—“We all feel that we are losing a fearless and upright Judge, and one who was always noted for his impartiality and sound decisions.” To this Mr H. W. Kitchingliani, president of the society, had added an expression of esteem and the best wishes for his Honor’s happiness in retirement. The speaker had also been requested to convey a message from the South Canterbury Law Society, together with an apology for tho unavoidable absence of Air White, the president. The society desired to express its kindly good wishes to his Honor on his retirement and its appreciation of the kindly relations which had always existed between his Honor and the South Canterbury Bar. The speaker said he was sure that in regard to these two important circuits, which had been visited by bis Honor during the whole of his onerous career, these messages of appreciation must be most gratifying to him. The speaker had also received a letter which he was sure would be much appreciated by his Honor. It was a message from the officers of the Supreme Court, signed by Mr A. Holmes, the Registrar, as follows:—“I shall be obliged if you will mention to Sir John Denniston on his retirement on Saturday morning that the staff is very sorry he is retiring as Judge of this Court. Personally I will miss him, feeling that I owe a great deal to him for hfs personal kindness. We know that Sir John lias just reached the summer period of life, and sincerely hope that it will he a long one. and that he may enjoy his leisure to the fullest extent.”

In addition to these the Superintendent of Police had asked the speaker to convey to his Honor an expression of goodwill on behalf of the Police Department. Proceeding, Mr Raymond said:— “Next to the domestic sanctities of life a man’s work is his great interest, and we feel on this occasion, from what has fallen from your Honor now that this phase of your life’s work is closed, that you deeply feel the parting, professionally, with your brethren of the Bar. But I also feel, sir, that in parting with you professionallv we are not parting with you personally, and that wo can count on your sympathy and, if need be, your help, in everything that pertains to the true interests of our profession. “Mr Donnelly has referred to your judicial work generally and to your relations ■ with the profession. I wish, however, to say a few words concerning one part of your work with which during the last four years I have been brought into closer contact than formerly—l mean the. criminal law branch. For the Judge the administration of criminal law is full of responsibilities and anxieties; it has the disadvantage of presenting many moral problems and few intellectual ones. lam safe, in saying that no Judge could have been more fully seized of his grave responsibilities than your Honor. I know that many apparently simple cases have often given you many hours of anxious thought, and I know, too, the relief your Honor has felt whenever a possibility of a retrieval has enabled you to give another chance. Your Honor is fortunate in having literary interests which so far have, found expression mainly in the felicitious style in which your judgments have been couched. In your retirement you will no doubt he able to satisfy those interests more completely. I join with my brethren in the law in wishing Lady Denniston and yourself many years of happy life in Christchurch with us all.” MR. GEORGE HARPER’S SPEECH.

Mr George Harper said “May it please your Honor, I regret very much that it is the last time I shall address you as such. I remember when you took your .seat on the Bench. Your Honor has quoted only a portin of Mr Weston’s speech on that occasion. I have also looked up that speech, and I find there an expression of hope and a prophecy which has been fulfilled in the intervening years. Mr Weston said. 1 Your Honor can reasonably hope for a long term of office; that it will be beneficial to the public, and honourable to yourself. At the close of your career, the feeling of satisfaction in having performed your duty faithfully and well will he your greatest recompense—the greatest reward you can receive for all your work and the sacrifices which, under the best conditions, the judicial office entails.’ I can only say that, your Honor has carried out your work in the very words which were then prophesied, and the hope then expressed.”

HIS HONOR REPLIES. Mr Justice Denniston, in reply, conveyed his thanks for the remarks that had been made that morning. They were a reward for whatever services ho had performed. He also wished to convey his thanks to the Otago, Westland and South Canterbury Law Societies for their expressions of esteem. Referring to the members of the Bar on active service, his Honor said he had always endeavoured, and he thought with some success, to assisjt tho younger members of tho Bar. It) was a great regret that they should lose these young men for a time, and ho hoped that soon they would be back in the Dominion. Mr Donnelly naturally spoke with considerable feeling on that point. His son was a most promising member of that Bar, and at ar. early stage he had considered it his duty to go to the front, and he (his Honor) trusted that he and others in the same position—at least, the greater number of them —would be able to return and resume their duties here with additional experience. “I must wish yeni a final farewell,” was his Honor’s last remark.