LAW STUDENTS' DINNER.

Dominion, Volume 1, Issue 62, 6 December 1907, Page 9

LAW STUDENTS' DINNER.

LEGAL REFORMS WANTED. ' IMPRISONMENT FOR DEBT. - ■ ■ If law meant a succession of such functions as the Wellington Law Students' Association's annual-dinner; held at Melbourne House, Cuba Street ; last evening, one would readily oxclaim with 'Mr. Gilbert's Lord Chancellor:— " The law's the truo, embodiment Of every thing that's, excellent." About eighty.' students attended, speeches we're made.' both light and eloquent, by loaders of tho profession, and songe deserved tho loud encores they received. Mr. C. P. Skerrott, K.C., presided, and apologies were received* amongst others, from Sir Robert Stout, Mr. Justice Coopqr, tho Hon. Dr. Findlay, Professors Richmond and Salmond, Mr, D. J. A. Cooper (Registrar of the Silpromo Court), Mr. W. A. Hawkins (De-puty-Registrar),-Mr. Martin Chapman, K.C., Mr. E. D. Bell, and Mr. C. B. Morrison. 'After ah excellent repast, the Chairman proposed the loyal toast. ■ ■ -. ! BENCH AND BAR. Mr. H. H. Ostler, in proposing "The Bench and Bar," said that, though unkind things wero often said about tho lawyers, socioty could not do without thorn, and ifc would. roqUirb thorn ra&ro as its complexity increased. All tho young men present should bo .very jealous of tho reputation of the New Zealand Bench and bar. They had men among them who would have taken tho highest placo in tho English Bar, and it was for tho younger men to maintain-that standard. As regards its Bench, Now Zealand had been supremely fortunate. There' were men on the ISow Zealand Bench whoso names were known throughout tho Empire. The toast was drunk with musical honours. Mr. Justice Button, who, on rising to reply, was .greeted with a wclcomo which he , described as almost overwhelming, said that Mr. Justice Copper, who, he understood, had been President for some years of the Auckland Law Students' Association, and Vico-PfGsident of the Dunedin Association, had requested him to express his very great regrets that he could not bo present, and. the warm interest which he took in thoir association and in all similar bodies. After expressing his appreciation of tho words in which Mr. Ostler ■ had delivored his toast, -Mr. Justice Button referred to his commondation -of tho English Bench. That Bench, he said, had always maintained, throughout the world, a reputation for very high integrity 'and great ability. He quoted the old ~ story of Judgo Gascoigno, ■who, being insulted on the Bench by the heir-apparent, .afterwards Henry V, committed him to gaol, and was afterwards honoured by the prince, on coming to the throne, for his fairness and impartiality in the administration of tho law. Tho, judges of Austrajia and New Zealand had earned and maintained a good reputation for their learning and for their intogrity pn the Bench. Ho was very happy to know that so many students of the law had succeeded in obtaining a very fair degree of legal knowledge. When ho came to Now Zealand over forty years ago, the Bar in Wellington was represented, not- by the prosont numbor of bright, 'intelligent young men (laughter and applause), but by a few gentlemen, whom ho could not compliment on -their very high attainments. Ho hoped that they would bo able to look back in tho futuro with groat satisfaction on the practice of the profession in which they were engaged. He hoped that the Association would go on and prosper, and win vory many laurels, and that its bonefits would incrcaso as timo went on. MR. H; D. BELL ON LEGAL REFORMS; Mr. H. D. Bell, K.C., who was received with, great applauso, also replied to the toast. He stated that, though his experience did, not .go back as far as that of Mr. Justice Button, thoro was not one Judgo left upon the..,Bcnch with whom ho had booh in practice at the Bar. Mr. Bell said ho.wanted to denounce a pestilent heresy to tho effect that barristers had some duty to the public beyond, their duty ,to their.client .in playing the game. Thoy had, to' play tho gamo fair-ly, and •honourably, but-the idea that they, owed it-to tho community to help the Junge to secure a right verdict, as apart from the duty which they owbd to their client, was a pestilent-heresy. It was the. business of the Judge and jury to got tho vordict right, and of the advocate to do his best for his client, so long as ho took no mean advantage Ho described with zest how Mr. Justice Cooper and himself, before tho Judge was called to the Bench, had.obtained a,favourable verdict for a "pack of scamps" whom they were defending. It was a great pleasure tea man who was practically ending his days in a profession of which ho had been proud to find so many men of the best education, tin , most brilliant students at the Wellington schools and the University passing into that profession. - ' , .There wero two reforms to which ho thought the profession might give its attention. The' first was a public roform which required that the mind of the profession should be turned, to it. It was only by them, ho' thought, that this reform could be carried out—the total abolition of imprisonment for debt. He had seen boforo the days of the Abolition of tho Imprisonment for Debt Act, men haled to gaol and kept in gaol for an indefinite period for* their indebtedness; This state of thing had been mainly- done away with, but the romnant of it that re--maiiiod was a disgrace. .There wore amplp remedies by examinations in bankruptcy to prevent fraudulent evasion of debt. The present law was a disgrace to civilisation, and the members of the legal profession, who were engaged in carrying it out, should raise thoir voices against its coni<inuancoi Let thorn all band togother to get rid of this horrible abomination. Another thing was that they should" seo that counsel wore paid according to tho amount of work they did ; and not according to the amount a plaintiff happened to claim. To haso tho scale of payment on the latter'ground was, he thought, a ridiculous thing,' as well as a disgraco to the profession. It was a good thing that they of the past should sometimes meet tho men of the future. Ho thanked them on behalf of all his brethren for their hospitality, and for the way in which they had joined their voices to Mr. Ostler's speech. ' KING'S COUNSEL. Mr. T. Neavo, in proposing the toast of "The King's Counsel," extended tho Association's heartiest respects and congratulations to thpsp members of the Wellington Bar who had been called to this dignity. He did nbt know who had first advised tho rulo that a King's Counsel must be supported by a junior momber of the Bar when appearing in a higher court, but apparently he was a man of great discernment, for the provision had' afforded valuable opportunities to the younger men. The Chairman, in replying, said that thoso mombors who had boon appointed to the office of King's Counsel owed a deop debt to tho profession in Now Zealand for their goneral approval of " tho appointments. Tho doparture afforded valuable opportunities to tho younger men, with whom the King's Counsel and the leaders of the profession wero. brought into friendly contact. Thoro was ono loss which tho King's Counsel suffered by their appointmont, and that was that thoy seldom had an opportunity to appear in tho S.M. Court before their old friorid, Dr. M'Arthur. From him they received nothing but courtesy, and on behalf of thp King's Counsel and the older members of tho Bar ho offered him tho kindliness grooting3. Ho believed that tho fcolings of the profession were those of the students. It'was a splendid thing for them to know that tho New Zealand Bench need not fear comparison with that of any Colony or Dominion in the-world. Ho'boliovcd that tho institution of King's Counsel had this further advantage, that it drow thorn nearer to tho English Bar. Ho ventured to think that tho tio wonld be drawn in tho futuro closer and closer. (Applauso.) OTHER TOASTS. Mr. G. H. Foil proposed tho toast of " Prospective Clients," to which \Mr. W. Perry responded. ■ Mr. H. Banks proposed' "The Legislature." ' . • ' . ■ Mr. A. L. Herdman, in replying,' said that he thought they might well bo proud of the .New Zealand Legislature. "No mstitutnn

was moro closely identified with the people " than tho Parliament of onr land. Ho thought that if they looked over the- history of the New Zealand Legislature they might well bo prond; ho was thinking especially of the period of out history nbout thirty or forty years ago. There were- then in tho New Zealand Parliament giants; Ikj need only name such men as Edward Fitzgerald; tho father ' of Mr. Bell, K.C., the .Foxes, Halls, Atkiu- " sons, aaid Robert Stouts of days gorio by. j DEBT IMPRISONMENT. • Dr. M'Arthur,-S.M., in proposing "The Law Studonts' Association," said that there was no Judge in New Zealand of whom it could ho said that he had ever turned aside, or had not given his opinion fearlessly on any matter, and ho thought that the same could he said of tho Magistrates. Referring s to tho question of imprisonment for debt, he f' said that ho would bo found the hardest man 1 in Now Zealand from whom, to get a judg- .• ment summons order against a man. Simple 0 debt was no reason why a man should ever t go into prison; it might be his misfortune, . but it was not a crime. To apply for a judg- , mont summons was a very serious thing, and e lawyers could not exercise too much rliscrc- - tion in this matter. With regard to th r , duties of counsol, Dr. M'Arthur told an excellent story of how Mr. Jrfstico Button, be--1 fore ho camo to tho Bench, once got a man ' off for theft, and tho man sent him two notes, saying "Toll him these are two oi thorn." Dr. M'Arthur concluded by paying e a high tribute to Messrs. Skerrett and 8011. ? Songs wore given by Messrs. H. Graves, " H. F. von Haast, B. J. Jacobs, R. H. t Wcdde, and A. A. Wylio. Mr. IT. Banks I gave a monologuo recitation, and Mr; P. L. i Minifie a fluto solo.