The Ashburton Guardian. Magna est Veritas et Prævalebit. TUESDAY, JUNE 26, 1888. UNDER WHICH JUDGE.

Ashburton Guardian, Volume VII, Issue 1877, 26 June 1888, Page 2

The Ashburton Guardian. Magna est Veritas et Prævalebit. TUESDAY, JUNE 26, 1888. UNDER W HICH JUDGE.

The uncertainty as to who is to be the late Justice Johnston's successor must be very tantalising. The Government are to blame certainly for not ere now making the appointment. Half a dozen names have been mentioned as likely successors to the late lamented Justice Johnston, including Sir F. Whitaker, Attorney-General, Meßsrß T. W. Hislop, Colonial Secretary and the elect of Oamaru, Geo. Harper, of Christchurcb, B. 0. Haggitt of Dunedin, Crown Prosecutor, and Judge Ward, who is well knoVn m the District Court and who holds the late Justice Johnston's seat on the Supreme Court Bench temporarily. Unless the Government make the appointment merely as a sop for some political favor we think Judge Ward's claims are paramount. . He has filled the vacancy on the Supreme Court Bench with much acceptance and wherever he has presided there has been much gratification expressed at his impartial administration of justice. He has done his duty honorably and well, and this is the verdict of the profession as well as of "the popular voice, which, m the main, is a pretty correct one on any point of public interest. The Wellington " Post " m an article recently urged the claims of Judge Ward^ and jjiany other lent Ting" journals have simultaneously spoken m the same Btrain. r Jhe volume of public opinion is m the direction of the permanent appointment of Judge Ward. A contemporary speaking on the subject says : — " If Mr Ward is appointed to thejudgeship, advantage might be taken of the fact to effect some much-needed alterations m the judicial system of the colony. Bis elevation to the Supreme Conrfc Bench would leave only one District Judge, pure and simple, m the colony. For the last two years Judge Broad has been doing all Judge Word's work m the South Island as well as his own, and, so far as we have heard, with satisfaction to the public and credit to himself. But the District Court Act is oldfashioned and very unworkable, the procedure is m the highest degree vexatious, and these are the reasons why the Court has never been very popular m its ordinary civil jurisdiction. As a local Court of Bankruptcy, and notably as a Court of Appeal for the minpr.s, and for winding up companies on the goldfields, it has been ot excellent service. But to enable it to really relievo the Supreme Court, its powers, especially m civil matters, require to be considerably extended. It seems to us that upon the whole it would be preferable to provide for the appointment of an extra puisne Judge of the Supremo Court, who would take what may be termed the country circuits, who would not be a member of the Court of Appeal, and who would therefore be ! alwayß available. Such a Judgo might receive a less salary than the other Judges. Then the District Courts could be swept out of cxistenoe altogether. A peripatetic Judge such as we have suggested could, without serious discomfort, relieve the present Judges of all work at New Plymouth, Wanganui, Nelson, Hokitika and Tnvercargill, and that would be very considerable relief. Undoubtedly something must soon be done to afford relief, for the Supreme Court, especially m Wellington, is quite unable to overtake' its work, and the arrears are duly growing greater, causing much annoyance, loss, expense and hardship to litigants, and trouble to the prpfessjon, The wholo subject should receive the earnest and immediate attention of the Government. Writing later m the day the same journal further makes an appeal for the election of Mr Dudley Ward and says pertinently. Mr Ward, of course, has enemies. A man who has filled so many distinguished positions as he has must have made enemies. He has a keen wit, and a biting tongue, and a thorough contempt, which he never hesitates to show, for " ways that are dark and tricks that are vain." These are qualities which make enemies for a man ; but tho general consensus of opinion amongst them who know him best, is that he has proved himself an able and upright judge holding tho scales of justice with a steady and impartial hand, and making himself a terror only to evildoers. Wo by no means wish to ropresent him as a paragon, lse is not immaculate, and we are not even prepared to argue that " c'en his failings lean to virtue'^ side"; but wo do unhesitatingly say that his presence on its bench would tend to strenghthen the Supreme Court of the colony, and increase public confidence m it, to a much greater extent than would M> Haggjtfa, It will b? ft jnoaptrotjg

job if, by political intrigae, Mr Ward is I supplanted by Mr Haggitt. The present Ministry have, however, sacrificed principles and friends bo completely, m order to gain the support of the Opposition m Parliament, that we shall m no wise be surprised if they sacrifice Mr Ward also, m the hope of gaining support m a quarter at present outside the precincts of the House.