"AT THE BACK DOOR"

Otago Witness, Issue 3348, 15 May 1918, Page 23

"AT THE BACK DOOR"

A SOLICITOR'S APPLICATION. An interesting point concerning the qualifications necessary for admission as a barrister of the Supreme Court was involved in a matter which camo before the- Appeal Court .it Wellington on Wednesday. Charles Clive Chalmers, managing clerk of tho-com-mon law department for tho firm of Messrs Buddie, Richmond, and Buddlo, of Auckland, applied for admission as a barrister, having been for at least five years continuously immediately preceding the application a managing clerk or partly in active practice as a solicitor. On tho bench were tho Chief Justice (Sir Robert Stout), Mr Justice Edwards, Mr Justice Cooper, Mr Justice Chapman, and Mr Justice Sim. Mr R. M. Algie appeared for the applicant, and Mr H. F. von Haast for the jsew Zealand Law Society, which opposed tho application. Mr von Haast stated that the Law Society did not in any way question either the" character or tho ability of the applicant, but simply claimed that he had not brought himself within the Statute. Mr Algie submitted that although his client was managing clerk of the common law department only, he was fully entitled to come in under the Act. Ho quoted numerous cases in support of his contention, and urged that the Legislature fully intended that the door should be opened to such mon as the applicant. Mr Justice Cooper said he knew Chalmers personally, and had a very high opinion of his ability. He thought he was much more eligible for admission than many a country solicitor now practising on his own account.

'The Chief Justice: In view of all tho opportunities for education; how is it that Mr Chalmers has not passed tho necessary examinations?

Counsel: I will endeavour to explain that. He is now studying, in his own interests, to pass tho examination, but his stumbling block is Latin.

Tho Chief justice: Nonsense. He could learn Latin in six months. If your client could not pass in that timo he must be a very foolish man. That is all I can say. One hour's study a day would be sufficient. Chalmers is endeavouring to come into tho profession by the back door instead cf tho front door.

Mr justice Edwards: But the back door ds open, and as long as it is open we cannot prevent its use. Mr Algie asked for a sympathetic reading of tho Act.

In reply, Mr von Haasfc said that tho reason why the Law Society was represented was because it wanted a definite decision, as the matter affected tho whole profession. Counsel was not arguing the matter in a hostile manner, and would be among the first to welcome the admission of Mr Chalmers. However, it was his duty to put before the court his interpretation of the Act, which was that it applied only to* managing clerks who had the complete control of the office, and not the control of one department only. Tho court reserved its decision.