THE SUPREME COURT.

Dominion, Volume 2, Issue 404, 13 January 1909, Page 6

THE SUPREME COURT.

The ' Attorney-General* has d&cided to givo further consideration to the position that will bo oroated by the absence oi tho Chief Justice on holiday. Ho stated to a southern interviewer that although the Chief Justico has for a year past been lost to tho Supremo Court! Dwing to his engagement with Native land matters, tho work*of tho Court has Seen satisfactorily discharged by tho remaining Judges. f He accordingly considered that it was not necessary to appoint a temporary Judge to act while Sir Robert Stout is abroad. This opinion has prompted tho Wellington Law Sosioty, through its President, to call ,the A-ttorney-Goncral's' attention to tho fact that very serious delaye have occurred in the transaction of Supreme Court business as a result of the Chief Justice's temporary 'absence from the'_ Bench. "Every practising mombor of the profession," says tho Socioty, "is aware that the prossure on tho Judges' time during the last year has been vory great, and a great deal of businesfL was disposed of oeforo''and after the iSfual sitting hours Df'tho Court;-yet|- notwithstanding this, the , next sittinge will commence with a hoavy legacy of arroars left over ffom the last sitting." 'The Attorney-General has undortakon to consult tho Chief Justico in tho /natter, but ho expresses tho opinion that the appointment of an ActingJudge should'be avoidod if possible. Thoie seems to be no good reason why tho Government should not make a temporary appointment to avoid a, congestion of business. There may bo some fanciful arguments against Aoting-Judgeships, but the Attornoy-Genoral has not given the reasons for his dislike for temporary appointments,-' The Supremo Court Bench is already as largo as' a country like New Zealand ought to require, but the fact is that the Judges are all kept quite busy. No doubt we are a superlitigious community. It will bo seen from the quotation which we from tho Law Society's lotter to the Minister that the arrears of Court work accumulated in spite of tho fact that the Court worked overtime. Our Judges should not bo required to work overtime at all. If they had not done bo in the past year' tho tale of arrears in the local Court would have been largo enough tc settlo at once tho question now under dis cussion. Promptness and dispatch arc highly desirable olemonts in the raachin ery of Justice; when peoplo have.to un dergo the,.discomforts of litigation thej should bo spared tho extra annoyance o having their worries prolongod througl the inability of tho Court to keep pac< with tho work that comes beforo it. Por haps tho reluctance of tho ■ Attorney General to make the necessities of th< public, tho Judges, and tho Bar the de ciding factor in tho matter of tho pro posed temporary appointment >is con nected with the Government's intention: in tho way of providing a statutory re arrangoment of the machinery of thi Supreme Court. Wβ havo for two ses sions had a Judiciary Bill before Parlia ment in which material alterations won proposed in the work of the judiciary but for EOmo reason the proposals hav not been proceeded with. Whatever th Government may have in its mind in th way of a permanent alteration of th Court's arrangements, it should giv Bympathotia oonnidcration to tho lottar o the Law Society.