THE New Zealand Herald AND DAILY SOUTHERN CROSS. SATURDAY, JUNE 28, 1879.

New Zealand Herald, Volume XVI, Issue 5496, 28 June 1879, Page 4

THE New Zealand Herald AND DAILY SOUTHERN CROSS. SATURDAY, JUNE 28, 1879.

The resignation of the Attorney-General, although talked of for some time, trill come as a surprise to most people. It ic not merely because men generally value such a position as that attained at an unusually early age by Mr. Stout, but more because the time of his resignation is so singularly, ill-timed, in the interests of the Ministry of which he was a member. Of course, there is no answer to be given to the plea put forth by Mr. Stout that his partner can no longer carry on the business, and that he must attend to it himself. If this is all which has led to his retirement, the public has very little to do with the matter, and we can only regret, for his own sake as well as that of ' nis late colleagues, that he had not found out this necessity somewhat sooner. The difficulty of providing suitable AttornuyGenerals is an old complaint in New Zealand. In the early days of responsible Government, it was found that it resulted in rendering the presence of one or two men or thereabouts necessary in every Government that could be formed. This grew into so serious an inconvenience, that the expedient of having a non-political Attorney-General was resorted to, and the colony secured the services of the gentleman who now holds the office of Chief Justice in that capacity. The expedient, although possibly the best that could be adopted at the time, was by no means satisfactory, and the manifest want of a responsible politician, who could be held responsible for the legal viewe and proposals of the Government, led to the revival of the 1 political Attorney - Generalship in the , person of Mr. Whitaker in 1876. At that time there appeared little enough reason to fear any recurrence of the old ' difficulty of want of legal representatives, from amongst whom the Attorney-General could be selected, and, perhaps, partly ' on that account the revival of the political office was universally popular with the legislature. Tho present I occurrence of a vacancy is likely to test trie question how far we are prepared for the return to the more . natural, and, as we beliove, desirable 1 state of things. In England and in some I of the other colonies we know the resignation on personal grounds of an Attorney-General would not embarrass the Government for an hour. There would be twenty eligible men ready . aud eager to accept the position, and to carry out its duties. Will it be so here ? The question is one of considerable interest on general grounds, and it is one which, if it can be exhaustively answered, I will throw some light upon the present constitution of the House of Representatives, and also upon the comparative strength of parties in the Assembly—not as mere members, indeed, but in tho more essential matter of available talent. It will be remembered by many that when the general elections took, place in 1876, it was recorded with dismay that there would be about sixteen lawyers in the new Parliament. Great fears were expressed as to the result of this influx of legal talent. It was prophesied that that vre should repent it, and it was at least hinted that the struggles for the Attorney-Generalship would be so keen as to raise serious difficulties. Events have proved that most of the fears then expressed were unfounded. It would appear that so far from tho Assembly being a congenial field for lawyers, it is one in which few of them can make it pay to continue long. One by one they bave been dropping off ever since the Parliament first commenced, until, after the lapse of four years, there are but seven practising lawyers left in the House, instead of some sixteen or seventeen with which it begun. And while this is the case with the House generally, it is fully as markedly true of the party upon which the present Government naturally relies for support. Looking round the House it is not at all easy to see where the Government can find amongst their own party a successor to Mr. Stout. The office demands not merely a lawyer of some standing and ability, but one who is also ready and experienced in the management of Parliamentary business. In the House as it is now constituted there are only, in the absence of Mr. Stout, five lawyer 3 who can be at all identified with the Government party in the House. Of these it may fairly be said that Mr. Barton is ineligible for such an oGSce, owing to the attitude which he has assumed, whether provokedly or otherwise, toward the Judges of the Supreme Court. This is a real bar to such an appointment being made for many reasons, but chiefly so because the feeling of a large majority of the House would be against It. There is then Mr. Rees, who might claim the position on a variety of grounds. Ho has certainly been one of the most uncompromising supporters of the Government, and has no doubt aided his party vigorously in many ways. Indeed, it is not easy to see how Mr. Rees's claims could be overlooked by his party in the event of a vacancy occurring in the AttorneyGeneralship. Yet we are somewhat more than doubtful of the strength which such an appointment would give to the Ministry. With all his strongpoints, we cannot think that his peculiar talents fit the member for City Eaat to perform the delicate work which must fall to the share of Mr. Stout's successor. It is bad enough to meet all the objections which may be raised to bills which a man has thought over maturely, and worked out in his own way until they have become part of his own mind ; but it ie vastly more difficult bo to possess oneself of the ideas of another man. Then Mr. Rees is too aggressive and impetuous for such a position. To pass a measure requires much tact and patience on the part of the person in charge of it. It is only forbearance and the suaviter in inodo which can by any possibility ensure succeHS, and these things are alien to the nature -of the member for City Bast. His rua! diement is the forefront of a determined Opposition, which has everything to gain by the acts that harrass and exhaust a Government ; but in the critical position of an Attorney-General to a Ministry, which has but a bare majority (as it is very possible the present Government may have this session), he would, we fear, too much resemble the proverbial bull in the China-ahop for the comfort, or even for the existence of his colleagues. The only other legal members of the Government party in the House are Mr. Hislop, Mr. Tole, and the Native Minister. It is no disparagement to either of the two former members to say that they are not likely to be called upon at present to take office. Both are young men, and although both have shewn a praiseworthy attention to business in the House, they cannot be said to have taken euch a position there as would render their accession to its ranks a strength to Sir Georgo Grey's Government. The Native Minister imight, indeed, attempt the duties of Attorney-General, but we doubt his special fitness for the office j while we do not know how he could be at present spared by the Premier from his present office. Possibly, the return of a legal member in place of Mr. Stout may be the way out of the difficulty looked forward to by the Government, and if it be true that Mr. Maccassey, of Dunedin, is the coming man, and that he would support the Government, it cannot be doubted that the Government would in ' him obtain a competent lawyer. ' Much

more than this would be required to fill the gap caused.by Mr. Stout's retirement, however',' and some of this can scarcely be looked for in Mr. Maccaaaey. Experience iu the Provincial Council and in the Houso ths late Attorney-General had, in an unusual degree for bo young a man, and this no probable successor will possess. A. natural aptitude for politics, and special powers of debate, he also had, beyond most members of the House, and these we can scarcely hope to find developed bo highly in any one taking hi 3 seat. On the whole, we fear the embarrassment causcd by the Attorney-General's retirement, will be both serious and lasting. That it may be overcome, indeed, is quite possible, but ire cannot close our eyes to the fact, that such a loss from the ranks at such a time, will prove a source of weakness to the Government, which for their own sakes, as well as for the sake of tlie colony at large, we could have wished to have seen them spared.