The Dominion. FRIDAY, OCTOBER. 22, 1909. THE JUDICIARY.

Dominion, Volume 3, Issue 644, 22 October 1909, Page 6

The Dominion. FRIDAY, OCTOBER. 22, 1909. THE JUDICIARY.

: The public is indebted to Mb. F. E. BAuiiE, M.P., for his courage in dealing on Wednesday night with the question of special payments to Supreme Court judges. It is true,' as Me. Baume pointed out, that our judges arc "so absolutely free from suspicion" that the special payment to the Chief Justice for his work on the Native Lands Commission can be discussed without danger; but the question is nevertheless sufficiently delicate to make.plain speech rather an anxious and difficult duty. In asking the Government .whether, it was a fact that Sir Robert Stout received nearly £1800 in honorarium and expenses over'and above, 'nis ordinary salary, for his labours on the Commission, -Mr. Okey was voicing what we believe is a vory, genoral feeling oE Surprise.; The manner of the Prime Minister's reply; indicates that tho Government is itself, aware that its action rhquired somei justification, for instead of replying to the member for Taranaki with' a.simplo affirmative, Sir Joseph Ward plunged into a lorigdofenee of the payment in question.; Mr. Okey's simple and colourless query "was treated, indeed, as if it wero a sharp attack, upon /the Government antt Sir Robert. With tha Prime Minister's statement we have no intention of disagreeing—our own opinion is .that the fee paid-.to Sir Robert Stout'- is not: at. all unreasonable as remuneration for. the lengthy toil of a man so eminent as the Chief 'Justice. Whether; it should have been in .supplcraeat of i his salary ; is matter. Government's' inxiety to show : that' Sir. -Robert's i-wb'rk' was'; in;;ai'common.phrase,; .!'.worth-the money,"-was really, quite .io r ., necessary.' The doubt' in Mr; Okey's mind,;we should say,.was not whether, so far as the Commission was concerhdd, the country made a good bargain in paying the Chief Justice.about £1800, but whether'itiwas proper in principle that any payment, should be made to a judge in addition to the judge's ordinary .salary.- This doubt received' no recognition in .the Government's Toply, yet there is 'involved in it a point of tho.'.vory high,est importance. ' .■ . / ■':■"'. . . , ' ( ' ' Mr.-. Baume stated. this point. in terms ■which deserve reproduction here. After expressing opinion that "no membtir of the Bench should be paid onb single penny above his salary'for any work he did on or-off the Bench,", he disclaim •any intention: to reflect upon. tho Chisf Justice, who was; "absolutely : free from suspicion, "and proceeded: • >But. if such? athing be "continued it must destroy the high'position in-which the Bench is held.- ......; It is- in accordance ivith the ideals tf our community. ,phat tho reputation of our judges should bo,' like Caesar's wife, above suspicion. Once a judge is appointed his ealary should be fixed and nothing further ' should be expected by. him. A •:judgo. should ' not be placed under circumstances where there ' is t a.:possibility. of him incurring hostility or '■ friendship, favour or ingratitude,' praiseiy or , ' contumoly, at the hands of the Governmeiit, •' Parliament, or the community generally in regard to. hie work. "-'■■:..:'■•:.-•;. ■/..:,: This, 'ascetic-, ideal -has. in genefal. maintained'in all Britieh countries,: and it is extremely doubtful even one man could be found, in-any. walk , of "life who, however sordid his outlook may be, ; IB not firmly attachod to what wo may . call the romantic view of' the judiciar.y. LdRD Alverstone, the present Chief Justice of England, speaking at the Lord, \ Mayor's banquet to.',the Judges in June ! last, recalled the statement'made by-; Sir Alexander Cockburn at the Mansion House 23 "years ago, "that, "the happinefs and welfare of the people largely depend upon tho.pure administration pi jußtice." ] "That statement,'-' Lord; Alverstone , bb- ' .servedj f'is tructo-day," and,he went oh , to make, some further observations whioh ) are very appropriate to.quote,;in a'dii;- ' cussion of the danger that resides-in the j granting by the Executive of lucrativo commissions to judges of >the Supremo : Court. -.' ... '■'-. ;.•■ .-■.. ■.■■'■; j If .(he said) certain things were true which 1 they saw. in the Press, it might be that the I judges. might ..be called ■ upon in the future to 1 wotect'tho interests of the people against tho Executive; but he hoped that the time would , never come when it would be considered that ;tae. Executive Government .was to be its own : nterprefer ofActs.bf Parliament. He trusted i that his Majesty's jndges would always be re- , ;arded as the impartial tribunalto whom was I to be given the duty of interpreting Acts of 1 Pcrliament. To what did they attribute the • confidence which was. felt in; the judiciary, of \ this Empire?. In his opinion it was to a large < extent owing to the fact that their.ranks were reprnited from the experienced.members of the Bar. Whatever might be the failings of.'ih- f dividuals there was a determination amongst ( all his Majesty's judges to devote the whole of ( their energies to their judicial work. a There are two reasons why the.Supremo I Court judge should be kept quite as far h apart fiom commerce with the Govern- 6 ment, Porliament, and the community as \ MRi Baume suggests. In the first place; i the creation of doubt and comment as to * tho extra-judicial activities of the judgo , must tend to weaken that public revar- \ ence for the judiciary which',' mo'rc.than p anything else, has kept the well of Bri- ° tiah. justice: so iplondidly ;pure, : the f second place,;.it must;bo'- remembered that F •judge's, arc'human after "all, with "affee.tibha':that',they ,canndt,keep;from be.coni- a ing subjeet, -however elightj. to vthe influ- J .of -favoure,:; .It:;.«:a right instiact | ,

which makos the average man look with distrust upon large favours granted ;by tho Executive Government to. members cf the judiciary. .With the.beet will in tho world a judge may ; be unable to take' in impartial view of a cause one of tho parties.to which has given him. matornl tokens of its goodwill towards him. Tbwc are countries—not British-countries—in which th-j judiciary >is really corrupt.. In these countries tho judiciary was onci pure arid earnest, so that'the fcar'that even a pure judiciary, may fall from its high ostatois not an imaginary one. The present moral of tho incident that provoked. Mb. Okey's question . and. Mr.. Baume's speech is the undesirableness nf .calling bur judges.away from their proper duties, or at anyrate of making it lit ■ all profitable for them to interrupt, tho j.V duties for, any purpose whatever. '.