JUDGE’S NEW SPHERE

Taranaki Daily News, 16 April 1935, Page 9

JUDGE’S NEW SPHERE

ASSOCIATES’ FAREWELL

MR. JUSTICE FRAZER HONOURED.

ARBITRATION COURT PRESIDENT.

Tributes to the manner in which Mr. Justice Frazer had filled the position of judge of the Arbitration Court of New Zealand for the past 14 years were paid by the law practitioners and employers* and employees’ representatives of the district at the New Plymouth courthouse yesterday. The sitting of the court at New Plymouth which concluded yesterday was the last over which Mr. Justice Frazer will preside" before assuming his new appointment as deputy-chairman of the Executive Commission of Agriculture. Opportunity was taken to farewell him, the speakers being Mr. H. R. Billing, president of the Taranaki District Law Society and Messrs. V. Duff and G. Fleming, representing the Employers’ Association and the industrial unions respectively. Members of the Bar thought it fitting to meet and say farewell publicly to His Honour, said Mr. Billing. The members of the legal profession were more concerned with workers’ compensation cases than with other branches of the legislation administered by the- Arbitration Court. That legislation had now been in operation for 34 years, during which time there had been five regular occupants of the judgeship—Sir Theophilus Cooper, Sir Frederick 'Chapman, Mr. Justice Sim, Sir Walter Stringer and Mr. Justice Frazer. Within that time the country had received. Excellent service in the administration of the Act, although there had been many amendments and many interpretations. With regard to Mr. Justice Frazer’s work, said Mr. Billing, although his occupancy' of the position had been longer than the other judges had had, an inspection of the law reports of judgments given by judges of the Arbitration Court spoke more eulogistically than anything else that could be said.

“Your Honour has always given a fair, large and liberal interpretation of the law,” said Mr. Billing. The workers’ representatives, who were mainly interested, had tb admit that. The Bar of New Zealand-was well pleased with the way in which the Arbitration Court had done its duties. He was pleased to know His Honour was- relinquishing his present position in a state of youth, health and vigour, and on behalf of the practitioners of Taranaki he wished him success in his new sphere. Mr. Duff conveyed the regret of the employers -at His Honour’s relinquishment of the position. The country had been relatively free from serious industrial trouble, and he could, not help thinking that this’ was due to the administration of the Arbitration Act with Mr. Justice Frazer as president. His Honour had always given sympathetic help to the employers’ representatives, who, while they regretted his departure, congratulated him on his appointment as deputy-chairman of the Agriculture Commission. His appointment was of particular moment to Taranaki, which was much concerned in the work of the commission. The (executive would be faced with considerable difficulties, but he.felt sure the attack would be favourably conducted.

i FAR REACHING EFFECTS. Mr. G. Fleming, employees’ representative, in adding congratulations and regrets to those of the other speakers, said some of Mr. Justice Frazer’s verdicts had had far reaching effects. “Unfortunately,” continued Mr. Fleming, “in our opinion all judges of the court are no good and we fear we may have a worse one.” His Honour had been patient with all the cases he had to hear, and he was no weathercock in his judgments. He hoped he would continue an honourable and just man. Mr. Gilmore Smith in the absence of Mr. A. J. Gilmour, registrar of the Arbitration Court, expressed the regret of the court staff and the clerks of awards at His Honour’s departure , from the court, and added that during his long

period of association with court officials he had invariably shown kindness and courtesy to all.

He was very grateful for the tributes shown to him by the large attendance and the expressions of goodwill, replied His Honour. It was a wrench to leave the Bar after 24 years’ service, ten as a magistrate and 14 as a judge. The Act had been in operation for 42 years, and he had been president for 14 years. The Arbitration Court was a specialised court, His Honour pointed out. Its jurisdiction was confined to a certain branch of the law for the most part not touched by other courts. Although within a relatively narrow compass its jurisdiction covered an intense field of industrial interpretation and administration. It had what had been called subordinate legislative authority, and the awards of the court were to all intents Acts of Parliament. The work could not be haphazard, and one had to keep closely in touch ■with the problems of the day. As far as workers’ compensation cases were concerned it was difficult to think of another law around which had grown such a mass of case law. MEDICAL KNOWLEDGE. His Honour mentioned the importance of a knowledge of anatomy and pathology, and in this connection paid a tribute to the medical profession, which almost without exception gave its best asdistance in cases in which the layman found it difficult to adjudicate. So far as relations with the Bar were concerned, in his 24 years as magistrate and judge he had met with nothing but kindness, courtesy and assistance. Although they were engaged in different spheres all were members of the one ancient and honourable profession. To the lay representatives he would say that he had often been astonished at the grasp of points displayed by representatives of the employers and employees and their ability in presenting eases To the staff and the clerks of awards he owed a debt of gratitude for their helpfulness and industry. With the complex nature of the work considered it was only to be expected that the judge of such a court should make mistakes sometimes. No doubt he had, said His Honour, but throughout he had adhered to his judicial oath of impartiality and had done the right thing as it appeared to him at the time. He was glad he had the confidence and goodwill of the Bar, and he was glad to think that whatever private views people might hold they conceded he had done his' best. “I shall not be a stranger to Taranaki, concluded His Honour, “but I take my leave with a sincere feeling of. regret, feeling that I carry with me into my new sphere your good wishes.”