The Timaru Herald. THURSDAY, MAY 28, 1891.

Timaru Herald, Volume LII, Issue 5153, 28 May 1891, Page 2

The Timaru Herald. THURSDAY, MAY 28, 1891.

The Court of Appeal has at length I dealt with the appointment of Mr Justice Edwards, and has upheld its validity by a majority composed of Mr Justice Richmond, Mr Justice Williams, and Mr Justice Denniston ; the other two Judges—the Chief Justice j and Mr Justice Conolly — holding that! there waß no authority m law for making the appointment and that it ought therefore to be declared null and void. It is much to be regretted that I the Court was not unanimous m its judgment. The question at issue is ofj such a peculiar, character that we are| unable to see how, having once been j raised, it can be allowed to remain j where it is. Doubt has been cast on ! the appointment, and though it is up I held by the majority (a majority of one) | there is no getting rid of the fact that the Chief Justice of the colony and so sound a lawyer as Mr Justice Conolly are dissentients. A temptation therefore exists for some disappointed suitor m the future, whose case shall have been tried before Mr Justice Edwards, to again raise the question, and to carry the issue beyond the Court of Appeal to the Judicial Committee of the Privy Council. The latter might possibly reverse the decision of the colonial Court, and it is evident that such a judgment would be m a high degree inconvenient and embarrassing because it might invalidate the proceedings m other cases m which Mr Justice Edwards had acted m his judicial capacity. That consideration should, we think, prove I sufficient to induce the Government to I appeal at once, and thus have the question settled beyond further dispute. Admitting, however, that the appointment is valid m point of law, wo must still hold that it was highly objectionable on broad constitutional grounds. j The Atkinson Government were very badly advised when they elevated Mr Edwards to the Supreme Court Bench I without having first obtained the con- [ sent of Parliament. And now the legislaturetshould be asked so to amend the law as to make future blundering m the same direction quite impossible. The number of Judges should be fixed by an Act, which should also declare the amount of salary to be paid tp each j Judge. The position of Mr Justice j Edwards at the present moment is very unsatisfactory. It must for the present at all events, be assumed that he is a legally appointed Supreme Court Judge. But there is no Balary attached to his office, and the Government are not likely to remove that difficulty, for they have over and over again committed themselves^to the opinion tbat another Judge ia not wanted. They cannot therefore, consistently with their utterances m the past, place Mr Justice Edwards' salary on the estimates. Yefc it will be scandalous to leave him m his present position of an unpaid Judge. Even if the case be taken before the Judicial Committee of the Privy Council and the appointment be declared invalid, Mr Edwards' claims for consideration will not be disposed of. As we have before pointed out, he accepted the appointment m all confidence and good faith from tbs Government of the day, and relinquished a lucrative practice on assuming his new position. He cannot be placed where he was prior to the appointment. Hia practice is gone — disposed of for little more than a nominal consideration — and the purchaser would naturally object to be brought once more into competition with the vendor. It is quite possible that a Government such as j New Zealand now enjoys or suffers, may ! not be able to understand that Mr Edwards has substantial claims against the colony. Those claims may be only equitable, but they are not the leas real, and would be recognised by any honourable man not blinded by prejudice and party considerations. For the credit of the colony Mr Edwards should be liberally treated, although one may frankly admit that the method of his advancement by the Atkinson Government 18 open to grave oenaure. [A later telegram Btatcs that counsel for the Government obtained leave to appeal, and that it is understood that the papers are to go Home by the next mail.]

At the prohibitionist meeting last night the Rev. Mr Williams said that " down m the depths of hell there would be joy over the fact that tho liquor party bad been plaoed at the top of tbo poll

of the Licensing Committee election." "We might ask where he obtained his information, but we shall let that pass. We strongly object, however, to the use of sach intemperate, such shocking language m reference to any party, even when the speaker is a clergyman. The reverend gentleman's statement is m effect that the ratepayers who returned the present Licensing Committee did something very pleasing to the worst class of devils — those who occupy the depths, etc. — , and we may fairly say that the implication with regard to those ratepayers is very dreadful indeed. For Mr Williams knows well that they understood what they were about. They went to work with their eyes open, they succeeded, and their success couples them up, m his estimation, with much worse characters than are usually to be met walking about m this world. We object also to the use of the contemptuous and inaccurate expression " the liquor party." An enormous proportion o£ those who constituted yesterday's majority are thoroughly temperate men, and a good many of them are dissatisfied with the } present licensing system and would gladly see it amended. But there was a strong feeling (1) that the prohibitionists were pledged to go to unreasonable lengths and to interfere unneccessarily with the liberty and convenience of the individual ; and (2) that the proposed method of closing the publichouses was irregular and an evasion of the law. We are really quite unable to see that the majority did anything very diabolical after all, and we regret that Mr Williams was not more charitable. Such terrible language defeats the intention of those who use it. It is apt to " set people's backs up," and to create sharp antagonism where there would otherwise be a certain amount of sympathy and respect, A man need not be a devil incarnate, or a person who does deeds to make devils rejoice, because he drinks alcoholic liquor m moderation. In conclusion we will express the opinion that the struggle which haß just ended m Timaru and the surrounding districts will not, be without its advantages. The numbers polled on the losing side were very far from insignificant. The comparative closeness of the contest, and the general interest excited, will certainly stimulate the authorities to activity and strictness m the administration of the licensing law ; and. on the other hand, the publicans will be sharp enough to understand that if they wish to protect their interests they will best do so by studying the legitimate needs of the community, and by discouraging every species of objectionable trading. All these improvements can be brought about without mentioning the devils or conjuring up pictures of what is supposed to be taking place m the lower regions.