The Ashburton Guardian. Magna est Veritas et Prævalebit. TUESDAY, JULY 3, 1888. GOVERNMENT'S DELAY.

Ashburton Guardian, Volume VII, Issue 1883, 3 July 1888, Page 2

The Ashburton Guardian. Magna est Veritas et Prævalebit. TUESDAY, JULY 3, 1888. GOVERNMENT'S DELAY.

The Premier m his remarks to Parliament on Tuesday evening was pleased to stigmatise tho action of tho press of the colony as disgraceful, m connection with the attitude taken up by it on the appointment of a judge to tho vacancy on the Supreme Court Bench. Ho admitted that the appointment was one of tho most important functions which the Government had to discharge, but he said they wero not to be driven m tbeir selection by tho newspapers. Journalists we aro sure had no intention of driving the Premier or Government to do anything, but there was a necessity to point out and comment upon the delay which was being made m filling the vacancy. It was a duty the press owed to the country to cry out when there was tho slightest prospect of a job being perpetrated. It is now thought that Mr Dudley Ward'B appointment to tbo Bencli permanently is secure, but the Government will not say how the matter will go until the session is over. This line of action cannot be too severely I condemned. Tho Premier says that no official information is before Government as to Judgo Johnston being dead. What a paltry excuse. Everyone is sure that the late judgo has gone to his long home and no possible excuse for delaying the appointment can bo given that will be acceptable to tho country. While the appointment is being held over the independence of the Supremo Court Bench is being interfered with. It is even more than interfered with. It is menaced, for we learn from Wellington that it is being urged that there is a certain amount of illegality m retaining Judge Ward on tho Bench now tiint Judge Johnston is dead. The circumstances which give rise to this idea are as follows : — Under section 12 of "The Supreme Court Act, 1882," the Governor m Council may onjy appoint a Judge temporarily during the illness or absence of any Judge of Court." Judge Ward was sb appointed, and it is contended that Judge Johnston being ncithei ill nojr absent, ho can havo no locum tenene, and the temporary appointment ceases. The same clause also gives the Governor power to appoint a Judgo " for any other temporary purpose," which have to bo specified by an Order-in-Council. To get over this difficulty, if it were a real one, tho Government should have, upon hearing of tho death of Judgo Johnston, immediately appointed acting Judgo Ward to the vacancy. AU complication would have been at an end, and much trouble Bayed as [well as expense. The " Post " commenting on this discovery says : — " hlvcn tho Premier, wo fancy, would shrink from defining, by an OrdjCjr-jfl Council, the • temporary purpose ' for which lip wished to retain Judgo Ward on tho b'onph for a short timo longer. An Ordcr-in-Council appointing Mr Ward a Judgo of tho Supreme Court for tho temporary purpose of enabling Ministers to complete certain pegotiations, by which a measure of political suppor/. would bo secured by tbo elevation of some one else to a permanent Judgeship, would rpad rather queerly. As stated m the papers, the point is worth looking into, for if Judgo Ward's commission lapsed on the death of the Judgo for whom ho is acting, some very serious complications may arise, and legislation may bo necessary to "validate his recent decisions." We hope to hear that the Government havo definitely decided tho question, and that Judgo Ward is to receive tho appoiptmenjb. 'fp delay tho matter further is highly o^angefou^ and most unconstitutional.