THE SUPEEME COURT JUDGES.

Wellington Independent, Volume XVII, Issue 1744, 24 July 1862, Page 2

THE SUPEEME COURT JUDGES.

Mr. Gillies moved for a Committee last Friday to consider the whole question of tbe Administration of justice, and especially the necessity for an additional Judge at Otago. Mr Fox explained the reason why the intention of appointing a Judge for Otago, announced last Session, had not been carried out. First, because the single vote which had been passed of .£IOOO for one year, was not sufficient in the AttorneyGeneral's opinion for him toinducea competehf '*" gentleman to give up his profession at home, for aiJ-appointment which not secured to him ' beyond one year. That had been now. remedied by introducing the salary into tbe Civil List. A second reason was,4.hat the question as.to who had the power to appoint, had been referred to her Majesty, who had recently returned for answer that it was the duty of the Governor of the colony. We give below some extiacts from a parliamentary paper, wbich will place the pith of the matter before our readers — the reference to the Home Goveriimemt occurring on the question of permanently appointing Mr. Gresson to tbe Canterbury district Governor BrowDe writes to the Secretary of State, 241h August, 1861 — I concur with Chief Justice Arney in thinking that the appointment of Judges ought not to be made under the advice of Responsible Ministers, and doubt if it was intended by the framers of the Act in question that the Governor should be advised on this subject by his Ministers. •'"-••-• The advice of Responsible Ministers means honest, but not always impartial, advice. In a great country like England, no one would think of doubting the impartiality of a Judge because he had taken a prominent part in politics ; but in ! * a small community it is otherwise, and no one who has taken a conspicuous part in local politics could be secured against imputation however little he might deserve it. It is very desirable also that Judges should be men of high standing in the Mother Country in 1 order that they should exert a moral and social influence in the Colony, aud in so doing they would confer as much good by example as by their legal acquirements. Such men are most likely to be obtained by special reference to the Secretary of State ; the .-. permanent appointment ot Judges ought therefore to be placed out of the reach of advice by Ministers who are not always qualified by their antecedents to give an opinion on such a subject. A minute by Mr. Sewell, on bebalfofininisters accompanied the above — In Colonies where Responsible Government is established, the selection' of individuals for the office of Judge is subject to the ordinary rule. > His Excellency's Responsible Advisers would, in my opinion, be entitled and bound to advise His Excellency upon such a question, and I apprehend that under ordinary circumstances His Ex - cellency would act on 'their advice as in other , matters. • - . • . < I do not think the Government ought to surrender that right, or relieve themselves from that ; responsibility. The true interests of the Colony • are not likely to be consulted by devolving the nomination of Judges upon irresponsible individuals out of and unconnected with the Colony, however high in station and character. If His Excellency ,s Responsible Advisers should he satisfied that any particular individual possesses the requisite qualification for the judicial office, it is in my opinion their duty to tender advice on that point to His Excellency,. in accordance with their own judgment, without recourse to a Judge in England. Except in such a case and as a general rule, I think the practice of advising with some Judge or Judges in. England or Ireland on :he. subject of appointments to the judicial office of the Colony, would (in . the language of Mr. Labouchere's despatch) be highly advantageous to the Colony and that it . will be well for the Government to act on that opinion. " The Duke of. Newcastle writes in. reply, 19lh December, 1861, addressed to. Governor Grey :— > I can readily understand the opinion of Colonel Gore Browne, that the Colony would suffer from ■ a system under which a seat on the Bench would be exclusively or generally attainable by those who have taken a prominent part in local politics. But it appears to me that if any such evil is really to be apprehend from thi3 cause, it is for the colonists themselves to make provision against it, and > ti|ntil such a provision is made it will be, as a genej&l rule , the duty of the Governor to accept the recQnim endation of- his Ministry in making the appointments which he is authorised to make by the 2nd clause of the Act 21s & 22nd Vie., No. 22. I must add, however, that every such judicial appointment made by the Governor, though not requiring Her Maj esty's confirmation, is of sufficient importance to require that it should be reported to the Secretary of State for his infor r lnation.-. You will understand, however, that the .^eoretary of State will at all times be happy, should the Colonial Government desire it, to procure from the English Bench assistance similar to that which has already been so usefully given in New Zealand. And on the 19th Maroh last, his Grace again writes : — . It appears to me since the passing of tho Act of 1858, the Judges, or at any rate the Puisne Judges, are no longer to be appointed by Her Majesty, but by yourself, •« iv the name and on the behalf of Her Majesty." If any authority is required for making such an appointment beyond an Act of the local Legislature, it appears to have beeu conveyed tq, you by the terms of, your Commission, which ex- ! pressly empowers you to constitute and appoint Judges. lam therefore unable to advise Her Majesty herself to appoint Mr. Gresson ; but I am to convey to you Her Majesty's authority to appoint him yourself, to be a Puisne Judge' of the. Supreme Court, if he is not already appointed, and Her approval of that appointment if it is already made. lam bound, however, tq add, lest I should seem to throw doubts oii appointments made in other of Her Majesty's Colonies, that I see no reason tor supposin g that this authority or approval is in any degree necessary in order to enable you to clothe Mr. Gresson with the powers of a duly constituted Judge. '• - r

. It is noW clearly understood, therefore, that it is the duty of the ministry of the day to advise his Excellency as to the appointment of Judges, and the rule will hold good in New Zealand, a B in the Australian Colonies, that the Attorney General may claim any vacant Judgeship as his right by virtue of his office. Mr. Fox Slated it to be the. intention of , ministers to send to England for an Otuge Judge, so that we pre*

Hume it is not the intention of the present Attorney General to avail himself of the right accorded to him. There was a general feeling in tbe House that tbe salary of the Judge, was fixed on too low a scale, to tempt gentlemen of character and ability in England. This feeling found vent at the mouth of Mr Stafford, and looking at the much larger am Mints which some private practitioners in New Zealand make, it would be perfectly correct thai, if mere pecuniary considerations alone weighed, the present salaries would be equally inadequate to tempt the best talent in the colony. There is, however, a status about a Judgeship, with other numerous advantages, sufficient to induce many to prefer the less valuable judicial appointment to their more lucrative private practice; so that we see so reason to despair of obtaining as able men in the future, as we have sometimes been fortunate enough to obtain in the past.