THE ARBITRATION COURT

Otago Daily Times, Issue 22545, 12 April 1935, Page 8

THE ARBITRATION COURT

The reputation which Mr Page has earned as a member of the stipendiary magistracy justifies the expectation that he will prove an efficient successor to Mr Justice Frazer in the presidency of the Arbitration Court. He will, in his new office, have issues to deal with that will be very different from most of those that have received his attention in the past, but the quality of fairmindedness, coupled with a capacity for getting to the root of a matter, which has been displayed by him in the minor courts, should go a long way to ensuring that he will successfully discharge the duties that will now fall to him. Actually the decisions of the Arbitration Court provide a formidable list of precedents that constitute a useful guide to a new judge until such time as a possible change in industrial conditions may require that the court shall devise fresh regulations affecting the relations between employed and employer. The appointment of Mr Page calls for comment, however, upon the ground that it involves a promotion from an inferior to a superior court. Promotion within ♦ the judiciary is, on principle, open to objection. It is undesirable that any member of the bench, whatever the grade may be in which he serves the public, should have to be placed in the position of being enabled to look to the Government of the day for transference to a higher rank in the judiciary. If a practice grew up under which promotion from the magistracy to a higher court were accepted as legitimate, the administration of justice would inevitably come to be regarded with a certain amount of suspicion. A principle under Avbich members of the bench realise that, in no circumstances, may favours from the Government be conferred upon them is one of the highest value to the community, and, without any disparagement of Mr Page’s qualifications—for they have freely to be acknowledged —concern must be expressed lest his elevation to the position of judge of the Arbitration Court should mark a definite repudiation of this principle.