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New Zealand Times, Volume XXIX, Issue 4255, 9 November 1874, Page 2

There are few greater conveniences to the public than local courts in the great centres of population ; but recent events have clearly shown that these conveniences may be too dearly purchased. Localising the Judges of the Supreme Court, in the manner hitherto practised in New Zealand, has, we fear, in most instances resulted in ingraining them in local prejudices, local likings and dislikings ;—in forcing their minds, in short, into the narrow groove of the small society in which they live. Each Judge is king of his own little court; and, as a matter of course, has his favorite courtiers. Absurd as it may seem, he sits alone to review his own decisions ;—a course of proceeding palpably unfair to suitors, and only acquiesced in by them through dread of the awful expense of the Appeal Court. Indeed, in one Supremo Court district of the colony, this incentive to protracted litigation, and the consequent increment of costs, has become an almost intolerable burden. "But all outside criticism is crushed by the fear of committing that undefinable iniquity, termed “contempt of court;” and thus, saving in extreme cases, the Press is silent. Such favoritism as, if practised in an inferior court, would draw down thunders on the head of its president, passes unchecked—but not unnoticed—when the chief actor sits on the highest Colonial Bench. The Bar, scattered throughout the colony, is powerless. No single member of it dare alone bravo the Judge before whom ho practises, and on whoso

favor much of his success depends. With a silent Press, and a weak Bar, there has been no guide to public opinion ; but the clouds of discontent have been rolling up rapidly of late, and it needs no prophet to foretell that the storm will burst in all its fury at no distant date, unless the Government' take steps to remove the dissatisfaction with the Supreme Court, so wide-spread and so well-founded, in the public mind. We have pointed out the evil; let us now suggest a remedy. For many reasons the concentration of Supremo Court Judges at Wellington w'ould be most desirable, chiefly because of the consequent necessary concentration of the Bar. A strong Bar is one of the firmest barriers against judicial despotism, and has proved in England a most powerful safeguard of law and justice. But such a concentration would necessitate the abolition of the local Supreme Court, and would consequently involve investing the District Judges with larger powers. In addition to this, the want of a local Supreme Court, in the busiest and most populous town in the colony, would be seriously felt by the public. There is, however, a middle course open. Let three'of the Judges reside in Wellington, —the Chief Justice and two Puisnes ; and from thence go on circuit to Christchurch and Nelson. Place a fourth Judge at Auckland, and a fifth at Dunedin. Let the three Wellington Judges act as a Court of Appeal; and, in addition, let them hear all motions for new trials, and sundry other matters in banco. The Chief Justice might reside permanently at Wellington ; but the Puisne Judges should change places every year, the two at Wellington one year, passing on—one to Dunedin, and one to Auckland for the next twelve months. The local Supreme Court would thus bo retained, but purified from most of the evils of localisation, as each of the four Puisne Judges would take their year at Dunedin and Auckland in succession. The Judges of Nelson, Wellington, and Christchurch have but little work at present, while those of Auckland and Dunedin are overtasked. The proposed arrangement would tend to equalise their labours. The present delay in deciding appeals would be avoided, as the Appeal Court would, in effect, be in session through nearly the whole year. Divorces, moreover, could be obtained with extreme rapidity, the delay under the present system being an admitted evil. But the great point gained would be, the liberation of the Judges, by constant change, from local prejudices and favoritism, and the consequent restoration of public confidence—sorely shaken of late—in the highest Court of the colony. Any inconvenience to Christchurch or Nelson arising from the aboUtioopjfff the local Supreme Court might be tribt by fixing a District Court there, the Judge of which should exercise full bankruptcy jurisdiction, and should also possess the powers of a Supremo Court Judge in Chambers.