SALARY GUTS.

Waikato Times, Volume 114, Issue 19052, 16 September 1933, Page 18 (Supplement)

SALARY GUTS.

BRITISH JUDGE’S PROTEST. “MALEVOLENT SUGGESTIONS.” SECRET MEMORANDUM REVEALED. (From a Correspondent). LONDON, July 28. A secret memorandum prepared by the judges in 1931 protesting against tile outs in their salaries was revealed In the House of Lords recently by Lord Sankey, the Lord Chancellor. This memorandum, which was placed before the Prime Minister, has now been disclosed after consultation with the Prime Minister and the judges themselves. The memorandum stated that the

judges did not regard themselves as being in the same position as Civil Servants. They occupy a vital place in the Constitution, standing equally between the Crown and the Executive and between the Executive and the Subject. The soundness of the remark made long ago that there could be no liberty in a country whore the judges were not entirely independent had never been questioned, and, went on the memorandum, it was owing to the general acceptance of this view that the salaries of High Court judges had never been subject to House of Commons vote, and that they wore only removable by an address to the Crown by both Houses of Parliament. Judge’s Fears. Emphasising that a reduction in salaries impairs the independence of

the Judicature, the memorandum states that:

“It cannot be wise to expose judges of the High Court to the suggestion, however malevolent and ill-founded, that if their decisions are favourable to the Crown in revenue and other cases, their salaries may be raised, and if unfavourable, may be diminished.” Other extracts read out by Lord

Sankey were:— “We cannot avoid expressing the fear that if the salary and prestige of a High Court judge are to remain as at present, those who will succeed us will probably not, as in the past, be drawn from the leaders of the Bar. "There is now so little attraction to them to accept a seat on the Bench that it will be 'impossible to induce leading members of the Bar to make the necessary sacrifices. “The consequences, in our opinion, will be far reaching and detrimental to the true interests of the country.” Lord Cecil asked what action the Government Intended to take, and said he hoped it would soon be able to make some announcements which would clear up any doubts on the matter.

Lord Sankey, however, refused to •make a reply.