The Patea Mail, Published Wednesdays and Saturdays WEDNESDAY, NOVEMBER 3, 1875.

Patea Mail, Volume I, Issue 59, 3 November 1875, Page 2

The Patea Mail, Published Wednesdays and Saturdays WEDNESDAY, NOVEMBER 3, 1875.

Hadtlus statement emanated from an untrustworthy source we should at once have set it down as one of those canards that gain currency, no one knows how, and arise apparently from no source whatever, but, coming as it does, we are disposed to regai’d it as strictly correct, and. under such circumstances, feel it cur duty to oiler some comments on the appointment. How it came about is inexplicable for many reasons, reason.'* that in any other part of the world would render such an appointment impossible, tn the first place, Dr (Dies is not a lawyer but a medical man, and all the legal experience that he lias acquired lias been obtained during some seven or eight years, during which he has discharged the duties above referred to. That, in the exercise of these, he should have qualified himself to sit as a District Judge, we certainly cannot for a moment believe, and yet on this experience ho is promoted. But, irrespective of want of experience, there is another and a grave noint to he considered. In the early davs of this colony square pegs were uuayoiduhly placed in round Holes, and

“ vice versa,” as far as judicial and other appoiutnienis wont, the Government of the dav having to select the best from -vvliat was offering, whether the host was suitable or not. District Judges were not necessarily members of the legal profession, and lav, - was administered by lavmen in many instances. The grounds on which those appointments were justified do not exist now. Then! is not only no scarcity, but u superabundance of lawyers, many of high standing’, who, after the arduous pursuit of active practice for many years, would gladly .accept tdie comparative ease of a District Judgeship, and would do honour to the Dench. They would bring practical knowledge of their profession, the experience of many years, and gain respect in the courts over which they presided, whilst suitors would naturally feel more confidence in the decisions of such men, than in those of a transplanted medico, who, having so little confidence in his own abilities in the profession ho was educated to, first sought shelter in the law’s vestibule, and then, by interest, was placed most improperly on the judgment seat. A much more deliberate insult to the legal profession of New Zealand could hardly be imagined, and that those within the pale should be compelled to plead before, and have their arguments judged by, one without the legal circle, cannot but be most humiliating to the former. It would be just as reasonable to make a lawyer, Chief Medical Inspector, and put him over the heads of an army of duly qualified practitioners as it is to appoint Dr Giles a District Judge. Had his Ministerial friends given him some such medical appointment, there would have been little to object to, but that ho

should be elevated as alleged is unjustifiable in the highest degree. In the position of R.M. and Warden, no doubt he gives every satisfaction, but to place him on the Bench is another matter altogether. That the appointment has been conferred through interest, and not through fitness, must be evident, and that the public good has not been studied in the matter is apparent on the face of it. Should it be not beyond recall we hope that it will be reconsidered, and that the people of Wanganui, or other parts of the colony, may not bo saddled with one, who neither by training ' nor experience, is competent to satisfactorily discharge the functions that necessarily devolve on a District Judge. It is somewhat surprising if the legal profession accept such an appointment quietly, and without protest, for its members are generally exquisitely jealous of the least infraction , of their privileges. If an tinJiappj' clerk or 'ag-ent tlraivs out an agreement, prepares a bankrupt's papers, or trespasses one inch an . the legal domain, the profession at once takes up anus, and the unfortunate delinquent is thundered at and threatened, oven if ho escape the graver penalties that the law protects itself with. In this case no notice is taken- of.a far greater.trespass, and, in all probability, the new judge will be welcomed* with a hollow address of welcome, to .which he-will as hollowly reply, and the (Jourt will proceed with its business* Though probably in whin, we feel it our duty to protest-against the

appointment in question, and,., having done so, leave future action to be taken by those chiefly interested. If 'Wanganui is satisfied with its new judge, if the profession do not object to the elevation of a layman over their heads, if long experience .and practice gerfor nothing in distributing the prizes ot the law. if the colony is satisfied with then transplantation of a gentleman who was a failure in his own profession, to one of the highest honors of a lorcigu one, then all wo can do is to ponder and wonder how such things be, and can fully realise the fact that wc arc not only at the geographical, hut the social, antipodes of the old country.