THE OTAGO DAILY TIMES THURSDAY, JANUARY 17, 1909.

Otago Daily Times, Issue 11943, 17 January 1901, Page 4

THE OTAGO DAILY TIMES THURSDAY, JANUARY 17, 1909.

The air is already filled with the names of members of the legal profession out of whose nuniber.it is expected that the Government will fill the vacancy on the Supreme Court bench that has just been created by the retirement, under discreditable circumstances, of Mr Justice Martin. The names are mentioned of more than one banister whose appointment would create general satisfaction in the profession and among the public, and—what is of more importance— would add to the strength of the judicial bench. It is suggested, however, ti.at (lie salary that is attached to the office of a puisne judge is not sufficient to tempt a barrister in large practice to accept appointment, and also that the Government may not be disposed to offer the judgeship to a person who is known, or has been suspected, to be politically opposed to it. As to the latter point, it must not be forgotten that, although .the appointment of Mr Martin himself bore at the time the complexion of being to somp extent a reward for services rendered by him to the party in power, the Government rose entirely superior to political considerations when the appointment of the Chief Justice had to be made 18 months ago; and we should hesitate to assume (hat the question of a man's political views will necessarily be an element in the settlement by the Cabinet of an appointment in a sphere of colonial life from which politics are excluded. The Government has not as a rule made political appointments excepting where it has had political ends to serve. That can hardly be said to be the case here. The suggestion that some members of tne bar, whose legal knowledge and judicial minds place them among the most eligible for appointment to the Supreme Court bench, might be disinclined to accept a judgeship because to do so would involve a pecuniary sacrifice on their part may rest, however, upon a substantial foundation. The salary which the colony pays to its judges, though not inconsiderable, is less than an able lawyer in good practice can earn at the bar.' But the emoluments are not. all that render a seat on the judicial bench an object to be strived for by an ambitious man.

If they were, the colony would not have had the caiise it has had to congratulate itself upon the high character of its Supreme Court bench in the past. Its judges have been men of acknowledged legal attainments, of distinguished intellectual qualities, and of sterling personal worth; and the general reputation of'the bench will not he tarnished by the glaring misconduct into which a mad infatuation has led the youngest and most recently appointed of its members. Such men as the colony has had. the good fortune to include in the ranks of its judiciary would not have been there, or have remained there, if they had not made pecuniary sacrifices for the sake of their position. In very much the same way the best of the public men who have served the colony have done so at a personal loss. But what they, have sacrificed pecuniarily has probably been made up to them in other directions. And there are no mean compensations to the barrister stepping up to the Supreme Court bench for the loss of income which is involved in the relinquishment of a lucrative practice. An improved rank, an increased influence, social distinction—all count for a, good deal; and with them the judge obtains a comfortable income. We do not say tliat the salaries that are paid to our judges are adequate—they do not compare favourably with the salaries that are paid to judges in the other colonies,—and we are certainly no advocates of the payment of salaries incommensurate with the duties to be performed. With the other advantages that a judgeship confers the salary, however, should not be insufficient to tempt a barrister who has for years enjoyed an extensive practice to accept an appointment. In England the most distinguished members of the bar have made enormous sacrifices in order to fill positions on the bench, and we hope the profession in the colony is not without its leaders who are prepared to make corresponding sacrifices. It does not follow that the judge who is appointed to succeed Mr Martin will be the judge of the Arbitration Court. It is highly probable, however, that he will be. In the ordinary course of events, upon the resumption by Mr Justice Denniston of his duties Mr Martin would have had no regular circuit. He would have been a relieving judge of the Supreme Court. W,e take it that his successor will occupy a similar position, and that he will take up the- duties recently performed by Mr Martin as President of the Arbitration Court. In that event he will not improbably have more work for some time to come in the Arbitration Court than in the Supreme Court. It would be highly desirable, therefore, that in considering the matter of the appointment of the new judge the Government should give particular consideration to the question of the qualifications of the barristers whose names may suggest themselves for the position of President of the Arbitration Court. A very good judge of the Supreme Court might make an indifferent judge of the Arbitration Court. A sound knowledge of the law and the possession of a judicial temperament should be the first qualifications looked for, but in the President of the Arbitration Court an intelligence that is capable of penetrating involved technical points that are not always presented with the luciditv with which a practised speaker would present them, an ability to master intricate details, and unfailing patience—all qualities of value in a judge — are especially demanded. There are a few lawyers in the colony who, while they possess every qualification for appointment to the Supreme Court bench, would also make ideal Presidents of the Arbitration Court. The colony will be fortunate if the choice of the Government falls upon one of these and he accepts the appointment. There has so far been too little of permanence in the occupation of the presidency of the Arbitration Court. The Act constituting the industrial tribunals , has been only six years in operation, ,and already four judges have acted as president of the court. We trust to see a new order of tilings now entered upon under which the sittings of the Arbitration Court will not be made to depend so much on the work of the Supreme Court, and under which disputes will be mpre expsditiously disposed of.