The Timaru Herald. SATURDAY, JULY 4, 1903.

Timaru Herald, Volume LXXIX, Issue 12111, 4 July 1903, Page 2

The Timaru Herald. SATURDAY, JULY 4, 1903.

We do not suppose that our readers are very much interested in the precedence question, which is just now being discussed 'l)y some of our contemporaries, and which appears to" be causing the Chief Justice of New Zealand a considerable amount of mental .discomfort. The other Judges share Sir Robert Stout's views on the subjeot more or less strongly, but his is the soul which' is chiefly vexed, and he has taken good care to let everyone know it. The cause of the trouble may be summed up in a few words, though a bulky volume ; might Hie written about precedence as it has existed .in the past and as it exists at present,': Recently the King, acting of /course t>n the advice of the Imperial Go*vernment, issued a new precedence list for this colony. The list previously in force placed' the Chief Justice and the other Supreme Court Judges before the Ministry: the new list, reverses that order. If we remember rightly, the Premier is placed next to the Governor or the Officer Administering the Government of the colony. iThera are some other changes, but we need i not refer to them more particularly. The [Chief Justice has protested against what has been done, and has addressed a lengthy I and argumentative letter to the Secretary for the Colonies on the subject. . The I Chief Justice asserts that the changes be- : little the Judges, exalb the Ministry at their expense, and violate his patent of office, which certainly invests him with the privileges and precedence appertaining to that position. We strongly suspect that the alteration of the list was consequent on representations made by the Premier, and that it dii not originate with Mr Chamberlain: - It is impossible to speak positively on the point, as the whole of the despatches have not yet been made public, and it is V6ry probable that some of them, the most interesting, will be permanently kept back. It appears to us'that the main question to be considered is whether the matter is worth all the fuss that is being made about it. We really do not think it is. If the changes in the position of the Judges, and especially of the Chief Justice, were brought about through the instrumentality of the Premier, his action was contemptible, but we doubt whether it justifies the ground now taken up by the Chief Justice. He will for the future have to walk into dinner behind the Premier if they ever chance to meet at such a social function, but we really cannot see that the dignity of the Supreme Court, as represented in the person of the Chief Justice, will suffer substantial loss on that account. There are some other occasions upon which the Chief Justice may be stirred up to wrath by having to look upon the Premier's broad back, but no harm will happen in conseI quence. The business of the country and ! of the Courts will go on as heretofore, and the Judges will retain the high place which they have always occupied in the estimation of the community. The Judges having protested, the matter should have been allowed to drop, and nobody would have been a pin the worse. But the Chief Justice has taken the matter so much to heart that he threatens to resign. He would make himself supremely ridiculous if he were to do so for such a cause. People would not sympathise with him, but would grin at the spectacle of an ultra-Democrat being so upset at the loss of a step of precedence. There is, however, a proviso to the threat of resignation. The Chief Justice says that he is ready and desires to surrender his office on his being.paid compensation and a pension. A man in his position, and especially of his political views and antecedents, ought not to allow a trifle of that sort to stand in the. way of his retirement. It is with him a question of principle that is involved, and principle should prevail tven if its victoiy means a loss of pounds, shillings, and pence. All the same, we do not believe that the threatened resignation will take place; for who is to pay the damages? Sir Robert Stout must be mad if he expects that. the Imperial Gowrmnent will come- to the rescue and give him a rpension er .avea one. solitary .sixpence :of compensation. He m not their servant, and theBritish taxpayer knows him not. Mad also he must be if ho thinks that the Premier will, ask the New Zealand Parliament ,to pass «' special pension Aot in favour oi a Chief Justice who vacates his seat on the Supreme Court Bench for eo paltry a reason. What a lot of humbug there is in the irerld.