THE VACANT JUDGESHIP.

Patea Mail, Volume VIII, Issue 115, 25 September 1895, Page 2

THE VACANT JUDGESHIP.

Under this head the Evening Post brings the following severe charge against the Government The Premier says he does not think another Judge is necessary. Ho does, however, think another Minister is required. The proportion of Ministers to Judges which the Premier would like to fix is 9 to 4—nine Ministers to conduct the administration of Government, and four Judges to ad- , minister the law. We object to such a mot strous proportion of Ministerial sack to such a small modicum of judicial necessities of the colony is not worth much as opposed to that of the Chief Justice and the legal profession. The Premier’s opinion, however, is not an honest one. He does not mean what ho says. He knows perfectly well that a successor to Mr Justice Richmond is urgently required, and will ultimately have to be appointed. He knows also that groat loss to litigants and inconvenience to the public must result, and is resulting, from the appointment not being made promptly but he is quite unconcerned on that point. The plain fact is that Ministers have a purpose to serve in pretending that a new Judge is not required. They sea in Mr Justice Richmond’s death a providential opportunity enabling them to carry out indirectly what they aimed at in the Judicial Procedure Bill, which was ignominiously rejected iu Parliament. The purpose of that Bill was to harry the Judges so as to compel the older men pn the Bench to retire. It was aimed chiefly at the deceased Judge and His Honour the Chief Justice, but Ministers hoped it might also drive Mr Justice Gonolly and Mr Justice Williams off the Bench. Death has unfortunately removed the ablest man of the Judiciary—the brightest ornament of the Bench but the Chief Justice still remains to block tbe Ministerial way. Ministers do not want an upright, able, and honest Supreme Court. They wish to have political Judges of uniform and pronounced “colour.” If, by overworking the present members of the Bench and harrying them in various ways, they can be driven to retire, the Government would be able to construct a Bench to suit itself, with Sir Pataick Buckley as Chief Justice. If Sir James Prendergasfc could be got rid of Sir Patrick would step into his official shoes without compunction or delay. He hesitates about taking Mr Justice Richmond s seat because of the well-understood rule of “once a Judge always a Judge.” which forbids promotion when once a Judgeship is accepted. If he becamse a Puisne Judge the Chief Justiceship would almost certainly be beyond his reach. He as Junior Judge could not be elevated to it, even if the rule as to non-promotion; on the Bench were, for political reasons, to be departed from. The Government is using, and intends to use, the existing vacancy to bring pressure on the Chief Justice to retire at once, and let Sir Patrick Buckley have his place. Then another Judge would be quickly appointed. Of course, if Mr Justice Conolly could also be driven to retirement Mr MKenzie would not mourn if Mr Justice Williams preferred to retire rather than have mote woik thrust upon him. The position of Ministers in regard to the vacant Judgeship is utterly discreditable, audits object is easily seen through. The interests of the public are being sacrificed, and the administratin'! of justice tampered with, to advance most disreputable political purposes.