Precedence in the State

Southland Times, Issue 19087, 1 July 1903, Page 2

Precedence in the State

._.- — +-- - - AN OIIStTHI-: MOVEMENT. (By Telegraph.) From our own correspondent. WELLING TON, .June :i» The question of precedence, which has now shot into a foremost place in public attention. has been in a nebulous state since l'.)ol, but the resignation oi the Chief Justice ,<Sir Robert Stout) was an unexpected development, anil the startling denouement is the chief topic of conversation in the city and high circles Briefly put. the position is simply this The N.Z. F.xecutive mude representations and suggestions to the Secretary of State for the Colonies-, in which, apparently, tjiey recommended an, alteration in the social status of the Chief .Justice and puisne judges of the colony. Hitherto the Chief Justice ranked next to the Coventor und acted iv his stead during Hin Excellency's- absence, but under the new tablo of pre-.-.^u.„.-,.. „.s«eiit«l to l>y His Majesty and suggested by the N.Z. Executive, the Chief Justice comes iifth on the list an/l tho Governor's duties- would be can led out during his absence by an officer of the Coventor or his administering Government After his deputy comet* the Naval Comutander-in-Chief, Ministers holding Cabinet rank, and Privy Councillors. All these are placed over the head of tin? 1 Chiof Justice, and the puisne judges are eighth in order-, the Speakers of the Legislative Council ai\d House of Representatives being socially superior to them. bi August, 1901. the subject of precedence was under discussion, and the N.Z. judges presented a petition to the King. They said they l».-urd with surprise and regret thnt a change was contemplated, and pointed out that there had been no change in precedence accorded to judges since the foundation of the colony, nor were they aware that the people had asked for. any such cH.mge as proposed They further pointed out that their patents of ollice provided that their offices should be held during good behaviour. " together with all and singular the lights, privileges, powers, authorities, raiyk and precedence whatever appertaining or belonging lo their offices After a lapse of nearly two years, during wKch | eriod the Premier has visited England, the Hon J. Chamberlain, on '22nd May wrote to the Governor, transmitting a copy of actable of precedence lor N.Z.. duly approved by the King. Mr Chamberlain says that the table is practically the same as that recommended by the colonial Ministers, and iv harmony with the precedence proposed for the Commonwealth of Australia. This despatch was forwarded on 2'trd June to the Chief Justice. Sir Robert Stout, and on Saturdnly his reply was placed in th-a hands of the Coventor. Sir Robert could not conceive why an hoi\our should be taken away without wrong having been don.' Now here elso were judges placed so low on the scale ; the judicial tribunals were belittled, and the independence of the Bench was no longer assured, since they could be punished by further degradation were their acts not in arcordance with the views of the Executive Tho precedence of tho Chief Justice was most affected, and he assumed that the new table had a personal reference His duty seemed clear, and he was prepared to resign, and wished to resign, as soon as uiTiMigements were made for equitablo compensation for loss of office, he being entitled to compensation by the violation ol his patent of oflicftj "