THE JUDICIARY.

Otago Daily Times, Issue 15986, 31 January 1914, Page 8

THE JUDICIARY.

The announcement made by the Attorney" general that Mr Justice Sim is to relinquish the position of President of the Arbitration Court and in' future to'perform judicial duties only will cause no great surprise, seeing that it justifies the expectation that has been generally held on the point and is Ln accordance with precedent. The transference of Mr Justice Sim from the office of judge of the Arbitration Court to the Supreme Court proper, together with the appointment of Mr Hoaking to a seat on that tribunal, raises the bench .to its full strength as settled by the amending enactment of last session. The honour which has just been conferred upon a member of the local bar encourages a retrospective glance that is distinctly flattering to the profession in thia portion of the dominion. If Mr Justice Edwards be included among the judges who were trained in Otago—as he certainly may be since he was educated at the Boys' High School in Dunedin and commenced the practice of his profession in this provincial district, —it is interesting to know that, with the single exception of Mr Justice Cooper, the Bench will, when Mr Hosldng has been sworn in, have been entirely recruited from Otaigo. Not the least qualified among the members of the court for the performance of its judicial duties will be Mr Justice Sim. The position which he is now relinquishing in the Arbitration Court is unquestionably the most difficult and in some respects the most important . that any member of the bench oan occupy. It eubjects a judge to the most severe test to which any one judge in New Zealand can submit himself. The reasons for this aTe sufficiently apparent. The decisions of the Arbitration Court deal with great interests; they affect the bulk of the population of the dominion that is engaged in the manufacturing and distributing industries; and they exercise an influence upon practically every side of the social life of the community. For the achievement of complete success in the performance of the duties of the office of judge of the Arbitration Court exceptional qualities, both of mind and of temper, are undoubtedly called for. The work is continuous and exceedingly exacting, and the manner of its performance exposes the judge to the criticism of an army of persons who are in many cases exceedingly" blunt in the expression of their opinions. The office of judge of the Arbitration Court is about as thankless, in short, as it is onerous. Mr' Justice Sim lias not passed through the ordeal wholly unscathed. In face of the severe criticism that has been directed against him from certain quarters it would be absurd to pretend that he has given satisfaction to everybody. But if he has failed to give satisfaction to some sections of the workers the explanation does not necessarily lie in the decisions which he has formed in the discharge of the duties of his office. He has performed a difficult task ably and fearlessly, and we are perfectly satisfied, with a singleminded desire to adjudicate honestly and equitably upon the issues that have demanded settlement. The Arbitration Court has made mistakes, but these have been mistakes generally due to the court's inability to grasp technical details and never to any lack of a determination on its part to act fairly and impartially as between the parties before it. It is impossible, perhaps, for the Arbitration Court to avoid occasional mistakes, but such mistakes as it has made have not been of a kind that justified the attacks which have been made upon its latest judge. In the more congenial. atmosphere of the' Supreme Court Mr Justice Sim will enjoy a eerener existence than has been permitted to him since the honour of a judgeship was conferred upon him, and will, there can be no doubt, worthily uphold the high reputation of the Bench.