THE SIXTH CIGAR.

Dominion, Volume 4, Issue 1210, 19 August 1911, Page 6

THE SIXTH CIGAR.

! MY AUNT SOPHIA. • AND THE JUDICIAL MIND,

; . (Bv."wi:")

"As our- estimable, friend iCingsloy has : axpreaied it, Annt," I remarked, sniffing • . my cigar with tho relish of anticipation, and clipping the end of it in the cigarcutter, "when all things were made, nono k. was made better than tobacco," and with : that I kindled the gonial furnace at the other end,, and" prepared to luxuriate in my weekly extravagance. ; ■ "H-m," commanted Aunt Sophia, with an; uncomplimentary .sniff, "I wonder w'iat you would do if smoking wero put [ down by Act of Parliament." "Weil," I replied,, reaching out for tlw , . ash-tray, "I suppose I would smoke just • the same." "And deliberately break the law? "Why'not, my dear Aunt?" I inquired, with a.grin.. "Do you think you ■ can make •people good by Acts of Parlia- ■ ment?" i "I should hope so," said' Aunt Sophia, • devoutly. ■ " : "You can lead a horse to the water, ' yon;know, but you can't make him ; "drink." - . ' ■ ''Tlien-'yo'ii would consider yourself jusj tified in-breaking any law that didn't please your lordship, ,I suppose?" puri sued my Aunt. \ 1 "Oh, no—l didn't say that. I merely , said that I would not obey an anti-sinok- ; ing law, and neither I would. I'd see the.wow—rha—hmm—l moan to say. Aunt, ( that there's .a limit to the encroachments j of political authority upon private liberty, ■ end an anti-cigar Act would bo over the '< limit."

"But it would really be for your own good, Charles," persisted Aunt Sophia... "So you'think, my' dear Aunt. But the point: is, what do I think? Now, look , here, Auut, you'bike my advice, and don't get mixed up.:with that noisy minority which" , is trying to run tho country' according to its own peculiar ideas of what.. . constitutes civic righteousness. You'll'Vget , .yourself-disliked." • : .. ." "Yoa.'know very well that : the risk of becoming -unpopular would not in the least deter me from .my purpose," replied my Aunt, with the fire of the ancient Covenanters kindling in her eye. "Quito so, Aunt, I know," I rep'lied, with feeling. "But you don't quite grasp my point. You see, this particular section that'll'-linvo in. mind evidently believe that by restricting one's liberty of action. a,tid putting up a high wall round all the pits of temptation, the community will be batter off, morally and physically. Well,; I'm nut going to itrguo that point. Personally, I believe there .is a more permanent virtue to bo gained:-by resisting temptations than by being--quarantined from them. If I find 1 - , that: these-cigars mako me ill, I'll give 'em-.up—but,not till they do. However,'as-I-said-before, I'm not going to argue the point. Let these pcoplo go their own way, and let mo go mine. Livo and let live." ■ "

Aunt Sophia did not:'look'-convinced. "That sounds all right, -Charles,"- sho said, biting the-end of her -pencil -' reflectively, "but I'm not > quite satisfied yet." ,-•■••■ ■ r "I don't particularly care whether'you are or not, I replied;. flicking : the ash of the cigar. "No offence, 'you know; Annt, but what I want you; and particularly thoso people whom you seem-'to bo working for, to understand clearly is that I'm going to work out my- own phy- ; sical and moral salvation, without ' their interference." , '

"You see, Charles, 'when- so high an authority as the Chief Justice — —."

"Tho Chief Jus Oh; good Lord!" • , "Charles!" ''.■ . "Beg pardon, Aunt. '-'•' \ Pray go on—l apologiso most humbly."' - •''.- , ' Aunt Sophia frowned.'-"I was endeavouring to say, Charley, when you • in-.-, terrupted—most rudely interrupted"—' I humbly bowed my .v.acknc'wledgment— "that'whon such a responsible, person as! the Cliief Justice of '-.■Now, Zealand sees n't to condemn tho practice of smoking, I feel extremely.loth to-listen-to the argui. ments of those who iildulgo in that habit." ■

"You think that -because, the ..Chief Justice says so, it must 'he right !" "AVell/' said Aunt Sophia, "ho . forms Ins judgment.■■upon'.his experience.' and-, wisdom, dees'ho riot?"

"I see," said I. "That is to say, Sir Robert Stout's opinions, regarded, as the ■obiter [dicta, of a Chief Justice, oiight to bo accepted n's sound?" •". ■ . "Well—yes," said Aunt Sophia.' ' "And^bj'the same ■ process of reasoning, my de&r Aunt, tho opinions of Sir Joseph "Ward r<sn questions of, finance, being the opinions of tho New Zealand Finance Minister, should be accorded tho respect duo to : tho obiter dicta of a State I'inoncier'f.'* ■

"I should hopo not, , ' said Aunt Sophia, earnestly.-; ; , , • . '

"You; see, Aunt, in a young country like this, people aro liablo to be too easily gulled'by 'the utterances of individuals who occupy more or less exalted positions, for they' arer liable to think that these individuals occupy ■ these exalted positions btcause they possess intelligence, wisdom, experience, sound judgment, and so forth. They may. be justified in theory as regards that, but they should, be ware of fictitious values'all. the iime. You might suppose that the civilian who knew most about military affairs hero would bo tho Defence Minister, Sir Joseph Ward. You would bo teetotally wrong, my dear Aunt. Sir Joe knows less about military matters than he knows about sound finance, and all Joe knows about sound finance would , -'just abc'ut. cover a threepenny bit, spreading tho knowledge out pretty thin at that'."

"But '; Sir. Joseph.Ward and Sir Robert Stout aro not to be compared, Charles," objected" my ,'Aurit. - ■"One is a Supremo Court Judge, aud the other is only a politician."

"And about a dozen years.. ngo," I pointed out, "your friend, Sir Robert Stout, was 'only a politician'—to quote your own depreciation, Aunt."

"Who made him a Judge, then?" "Ho was appointed in Seddon's time, when Sir James I'rciidcrgast retired. Stout was then merely an ordinary politician."

'There could be no question of his fitness for tho position, then, Charles.' "How?"

"Well," pursued my Aunt, "surely if tho leader of tho Government appointed oiio of liis opponents to N tho Supremo Court Bench, no one could say, at any iate, that it was a political appointment."

Even supposing, that by such an appointment a most 'dangerous rival was put out of the way?" "Dear mo!" said Aunt Sophia, "that duln t occur to me." "That aspect of the matter must also have been quite clear to all parties—you see that, don't you?" "Dear me—Yes. What are you going w> tell me now, Charles?" inquired Aunt Sophia, nervously. 'Well, Aunt, you can sco that even Judges aro merely human beings, and possessed,of human, ambitious-beforo they beeonie Judges;" •'ni"$■ "Sopliia .drew a long breath. Oh!'..-she exclaimed. W»-7 !e -l°"«- °u *?"* busishnnll t, '' IS /' lat theSo a l'P a 'nt m ent S S, DV V! fe y 1 circumstances bo given tclpoliticians.' I know that that is not llio accepted idea. Bg , C£rT'F lmont T an , (I , no other . S y Stc m appears to bs practicable, so far.as I can Boe-a politician is chiefly concerned nowadays in general questions of policy, "vith the effortof making out tho ' best ca«e forhis.Mdo. "The political miud is S«! cern •d.vvit.li argument, with tho. establishment, ot.'.v conclusion which need ,not necessarily rely un the strength of argument or .facts alon'o tor its consummation, (nit,which also takes into consideration various factors and circumstances in the political arena which may. bo used to tactical advantage." ■ ■ ' "Vcs?"- . ■' ■•

In a.Court 01 Taw, Aunt, tho entire situation is • changed. Hero-wo liavo c-'! ; h.»r:l I nets, which we call, evidence; «■? iuive conclusions drawn from this evidence. Now, the greatest Judge is lie ;v,io can so.subordinate His private opin-ioiis-nnd every person is eutitled to his private opinion—that in Court lie is, so to spo'afc, a different person altogether from the individual who smokes his evening eigar-beforo his domestic fire. Jt is in this ■ subordination of pelf that Stout hns, judicially, failed, and failed badly. I'll give, you a case in point. Stout doesn't ii.pprovo of the tobacco habit." "I'm siire 1 agree with the Door man," eiid'Aiuit Siopnia,'

"Sure, Annt\" I replied, "it's 'a free country. But hero is tho trouble with the Chief Justice. His objection to the 'weed has led him to absurd'lengths. Not loug ago, on tho Bench, he required from an applicant for probation an undertaking ttiat ho would nbstiiin from smoking. In. other words, his own private objection to tobacco was responsible for the imposing of a condition which was essential to a man's liberty. I don't think, Aunt, that there can bo any doubt about the suggestion that iSir Robert Stout does not possess—at. least, to a satisfactory degree—the judicial faculty of mind. Last vroek his Honour was in a minority of one in no fewer than five Appeal Court judgments. Then there is his Cook Islauds report, which was presented to Parliament the other day. .But that is another story, Aunt. Good-nurkt."