The Edwards Case.

Nelson Evening Mail, Volume XXV, Issue 125, 28 May 1891, Page 2

The Edwards Case.

Wellington May 27. Chief, Justice Prendergaat said that although 'Mr Edwards waa appointed Native Land Commissioner with powers of a Supreme Court judge, the intentions of the Legislature evidently lay towards theformer. it being understood that he shduld 'do .temporary s.eryioe on, the Supreme Court beaoh during the absence of Mr Justice Riohmond, He held that there waa no authority in; law for making the appointment, and it shoald. therefore be oancelled, r\ v % ; Mr Juatioe Riohmond said that if the oase turned uppn the issue whether the salary promised by, .the late Administraticin oould bo considered to haye been ascertained and established he should hold that judgment must go for the Crown, but passing on to the ulterior question of the validity of the patent, His Honour took it to be olear that by the original constitution, of the three common law courta at Westminster, the number, of.puisno ; .Judges waa ' unlimited, cheir app&nfciny b resting with W Oc&tfa'f and it would be impossible therefore to argue that the Aot of Settloment took away this power of the Crown, He held that the informant s objection to the validity of the patent was noc well founded, and judgment musfc be for the defendant.

Mr Jfastioe Williams held that tho pro* Visions of the Act of Settlement as to fixing and asoertainiug the salaries of 'judges were not in force as law iu the colony, and even if they were the Act did not preaoribe that the salary of a Judge must be absolutely fixed and ascertained by statute, at the in?tnnt of bis accepting offioe. Mr Justice Couolly agreed . with the Chief Justice. ' He oould arrive at no other oonolusion than that a Judge of the Supreme Court, >when appointed , during good behaviour, should have a fixed salary even if he oonflned his attention to the Supreme Court Aot 1882. There was: really nothing, in the contention' ttiat there' wua ' a oohtraot for payment of the salary of the Judge, tither made verbally with the Premier or by letters, No suoh oontraot could be made to bind Parliament, and apart from Parlia-' ment there could be no tunda to pay the salary.

Mr Justice Denniston said that the Governor had by commission, issued in the na.me and oa behalf of Her Majesty, appointed the defendant, who possessed the necessary qualifications to be a Judge of the Supreme Court, and he did not think this Court could ohallenge such commission. In this Court at least ono long and distinguished judioial career, began and ended : with od» mittedly no" butter title'than that conferred on Mr Edwards, Judgment must be for the defendant, .