RETIREMENT OF THE CHIEF JUSTICE.

New Zealand Times, Volume LXIX, Issue 3736, 10 May 1899, Page 4

RETIREMENT OF THE CHIEF JUSTICE.

His Honor Sir James Prendergast has tendered his resignation oi the position lie has so long held as head of the' Judiciary in tins country, and has requested the Government to relieve him of duty at as early a date as is compatible with the efficient. discharge of judicial business. No doubt Ministers will do their best to meet his.'wishes and enable him to enjoy a well-earned period of repose. There will be some difficulty in filling the vacant seat on the Bench, for the number of men in the colony who are competent, and who, would accept a Judgeship, is very limited. We could name half a dozen who possess the qualifications required; but in most cases those gentlemen find that their private practice gives them a more comfortable and a more remunerative' living than the Supreme Court Bench would bestow, and they naturally are not prepared to, sacrifice their material interests from motives of patriotism, or for the honour of occupying an exalted position. Tho fact seems to be that the Judges are over-worked and, that there is need for reconstituting and strengthening the Supreme Court Bench. A scheme to which wo gave publicity proposes the appointment of four Circuit Judges in addition to the five Judges who now transact all the Supreme Court and Appeal Court business of the colony. That is, perhaps, an extravagant proposal, but probably it would be well to appoint two Circuit Judges—one to be resident in each island —who should preside over the sessions at places of minor importance, and on occasions relieve the ordinary Judges when there was a pressure of business. It is becoming that the services of one Judge will be almost continuously required in connection with the Court of Industrial Arbitration, and this is an additional, reason why the number of Judges should be “Prendergast, C.J.,” despite Ms many years and growing infirmities, has been most diligent in the discharge of Ms duties ; and though a more .youthful man might do more work, it would be inadvisable to place an undue strain upon one occupying the onerous position of Supreme Court Judge. It is to be presumed that the Government will, during tho coming Parliamentary session, make provision for the appointment of two additional Judges; .but in the meantime tho duty of Ministers clearly is to appoint a Chief Justice, and relieve" Sir James Prendergast of duty.’ As there is no AttorneyGeneral in the Ministry at present, there are no political considerations to embarrass the Cabinet in its choice. Tho Chief Justice will carry with Mm into retirement an unsullied name, a reputation for sound judgment and the respect of all classes of the community.