The Taranaki Herald. PUBLISHED DAILY. MONDAY, OCTOBER 24, 1887.

Taranaki Herald, Volume XXXVI, Issue 8004, 24 October 1887, Page 2

The Taranaki Herald. PUBLISHED DAILY. MONDAY, OCTOBER 24, 18 87.

z-+ . The "growth of litigation is to.no, small extent the result of the growth' of commerce and wealth.. Id.', a,nVeasure it is also traced to' the spread -.Of educa-. tion. The multiplication of ideas has led to the creation of rights ; and the jaan who has made -something which; is valuable to himself, has made something' which other 'men, who have likewise been* educated -.but "are actuated by evil -principles, can attack with a view of taking from the owner; 1 It isnot the highwayand'the pistol now ; -it is the'Law^C.ourtß. It is very necessary, therefore r that we should have as Judges on the Bench toen not only qualified by reason of their legal knowledge,; but. possessed , of a well-balanced mind, a keen perception of human character, ond some experience of the world. Our Judges, unfortunately, have-been more i&olined to .'encourage litigation than suppress it, and as there is no limit to same moa's talent for quarrelling with their 'noighbours, there is also no bound to thpir passion for going to law. In so complex a state of society as. oufs ( also, things about which people go to law. are frequently things which it is difficult indeed for an ordinary individual to •get to the' bottom of. We are aware that' lawyers differ among themselves as to the propriety of bringing actions for persons who are clearly and palpably in the .wrong, even when technically and legally, ' although not morally, right. Some will ■ accept >suoh cases—perhaps -the majority will — others will not. Probably, as a matter of advantage,. in the long run it is wiser for a lawyer never to , accept a fee nor take a case" 'which he believes to be a wrong one, even though he may see how' he may successfully carry it through. The reason of this is that a lawyer's character ia iv time afjeo ted by the class of cases he advocates.- If a lawyer has established his reputation for undertaking only Buch oases he really believes to be just and right, this one fact will go a great way in influencing both Court and jury on his side. If the Judges wore a little more practical, and firmly put an end to actions which were frivolous. and vexa-. tious, giving not the slightest loopholo ior their continuance, la-v/yers • would soon cease to take up Buch ca3es, and our Courts would not be so much occupied with meaningless actions, It

is, therefore, with' pleasuro we find a gentleman occupying the New Zealand J3ench like Mr. Justice Ward, wh. appears to be able to distinguish accu rately between right and wrong; avd who puts his foot upon any attempt at Subverting justice by means of the technicalities of the law. There need be no fear of a maladmistration of justice where Mr. Justice Ward presides. In Auckland and Canterbury, as well as here, he has proved in more than one instance that his aim is to j stop litigation, and to prevent as far as possible defendants being dragged unwillingly into interminable law suits. In the civil cases that have been brought before him, he has shown a knowledge of the teohnioalities connected with the actions as well as the counsel have themselves, and his decisions have been equitable, concise, and masterly, and such as all honest men must approve. Mr. Justice Ward made his influence felt in Auokland during his short stay there ; and had the courage to denounce as " three | scoundrels" some men who were hounding down, through the law jcourts, an innocent individual whom ; they had got into their dutches. He .made short work with several cases jthat came before him in New Plymouth ; and now he has dismissed an j action, in. Chris tohurch, brought by a fwell-known litigant, on the ground jthat "it was frivolous, vexatious, jand an abuse of the forms >of the Court, and that the plaintiff [was an uncertificated bankrupt, and, therefore, had no locus standi." The raction arose out of several actions promoted at various times by the plaintiff, during the, past ten years, in whioh his Honor, by his remarks, ! seemed to think was not a fit case to be continued longer, for, notwithstanding the plaintiff's counsel's apipeal, Mr. Justice Ward dis- ' missed it with costs. It is reported ;of Lord Chief Justice Willes that he I said to a friend, who wished to consult him on some law matter, " What ever you do, never go to law — submit rather to almost any imposition ; bear any oppression, rather than exhaust your spirits and your pockets, in what is called a Court of Justice." This is ■ very excellent advice ; but the worthy Judge does not inform his friend what he is to do should he be dra^vn into a law suit whioh the plaintiff declines to settle- in any form but through a Court of Justice. Cases of the kind 1 are continually being heard in Court ; to stop this sort of litigation we require men of Mr. Justice Ward's stamp — who is not frightened to say "dismissed; a frivolous case" — and making, the action carry costs to the litigious plaintiff.