THE JUDICATURE BILL.

Dominion, Volume 7, Issue 1875, 8 October 1913, Page 4

THE JUDICATURE BILL.

MORE JUDGES. THE COURT OF APPEAL. The Judicature; Amendment Bill was introduced by Governor's Message, and read a first timo. _ The Hon. A. L. HERDMAN said the Bill was one of considerable importance. It dealt with-tho Judicial Bonch, and it proposed to make arrangements to get over a difficulty which had been considered from timo to time in connection with tho Botting up of a Court of Appoal. As far back as 1908 a proposal was submitted, to Parliament for a peripatetic Court of Appeal of two Judges. Whilo the Court of Appeal sat threo times in the ~ year in Wellington, the citizens of New Zealand were put to somo inconvenionco because during that, time-tho ordinary Supreme Court work couM'not'b*o proceeded with. His-.proposal did iiot follow the scheme of 1808. Tho Bill provided for tho appointment of two additional Judges, but did not propose to give any of the Judges any additional status. . This. woulcl permit of tho Supreme Court Judges being, separated into two divisions, and would sit alternately,.as 'a;Courtfpf Appeal, with tho Chief'.iTusticc' presiding. Ono division would alwajfbiy free to transact tho ordinary Supremo Court business, and the normal; flow of Supreme. Court business could bo transacted without iiiconvonience to litigants.'; • There would bo .no alteration In the salaries of.Supremo Court Judges.^ UA^Boit t from' ; the Blue. Mr. G. *W. RUSSELL (Avon) said, that lie-was .'.'rather, surprised, and' the. country'!#ould.,be'. ,r . , rather.surprised, at such ;. sprung' without' the slightest; idea;that',it': was ;in* contemplation'.' This was, literally, "a bolt from tho blue." Ho did not know what tho cost would be, but.ho.considered this was part of , a scheme to increase the number of "hignly-pald«posi-tions in respect of which tho Government could oxoroiso patronage. He. was .not proparcd to say whether two additional Judges wero necessary. Tho author of the Public Servico Act, realising tho position that lie held, probably for a. few weeks', claimed tho right to appoint two of the very highest functionaries in the whole country. It was part and parcel of what Was going on nowon tho part of this ana sooalled Reform Government? •

Aged Judges. Mr. J. A. HANAN (Invcroargill) said be recognised there was need for the rotorm of thb Judicature. There was no doubt that the Appeal Court at Wellington did hamper business in other parts of the country. He did not know whether it was desirable or not to appoint two new Judges. Speaking with all duo deference to the Judges, ho had no doubt that some, of them,' owing to their age, could not now do the work they could do in their younger days. Many of them,'for reasons ho'could appreciate, desired to bo in Wellington, or at least in the North Island. Ho considered that tho proposals made in the Bill introduced by Sir John Findlay in 1908 wore better than those now advanced; That Bill liad gone on lines with which everyone could agree, and ho would like to know from the Attor-r.ey-Goneral why'ho had seen fit to alter those proposals introduced by Sir John Findlay. - Mr. JV. FORBES (Hurunui) urged

that Judges should retije at the age of 65, as other Civil Servants did. Tho Bill Commcndod. Mr. A, Hi HINDMARSH (Wellington :South) complimented the Attorney-Gen-eral upon the step taken. It was well known that the present Judges were very much over-worked. He had heard of an instance—it was not mere gossip —in which a Judgo had twenty judgments ponding nt one time. In-another' case .a .Judge forgot all about an action that ho had heard, .and-said that he would require to hear the argument over igaiiwV To the. litigants that meant heavy additional expense. , Mr. R. M'CALLDM (Wairau) said that the Bill would entail ail additional expenditure of £4000 a year. He protosted a'gainst' "the loading up of the Cider Paper."

A Changs Ncoessary. The Hon. A. L. HERDMAN said that ample evidence had been laid before the Justice Department to show that additional Judges were required. Men competent to express an opinion were convinced that a change was necessary. The honourable member for Wellington South, who liyed in the city, and was familiar .with the quantity or work that had to 'be transacted here, was in a position to express an accurate opinion. The Government intended to put the measure thrpugh, but it would not be put through until the honourable gentlemen on .the Statutes Revision Committee had been given an opportunity of looking at tho measure from every point of viow, • Mr. Russoll Rebuked. The member for Avon could not discuss even a question of this kind without imputing improper motives. The Judges had to do too muoh work at ■the present time, but according to the memuor for Avon it did not matter whether the Judges were overworked or whether tho public was being properly Borved; it did not mattor whether the administration of justice was being carried ,out with speed and efficiency. All that tho member for Avon cared about was to make political capital, in a sneerin.'; way, out of an important matter of this description. ' Mr. J. A. HANAN (InvercargiU) objected to the Court of Appeal, sittinft only in Wellington, and contended thai; it should be made a peripatetic Ho-recognised frankly that there was need to expedite the administration _of justice in this country and ho' certainly thought that there was room for another Judge. He was not prepared to say that there was room for two. Mr. Herdman said that he desired to give notice that tho Bill bo read a second time pro forma and 'referred to the Statutes Revision Committoo. ■ Sir Joseph Ward asked why .the Bill should bo sent to .a committee. Mr. Herdman said that ho proposed to call ovidenoe. . Sir Joseph Ward: I hope you will call all the K.C.'s.

AN OPINION IN HANSARD. MR. SPEAKER'S DISCRETION. • SIR . JOSEPH WARD (Awarua) directed attention to the fact that tho report of tho Solicitor-General upon tho respective powers of the l'ublic Servico Commissioner and the Govornment, presented at 0.35 a.m. in the'sitting which commenced on September 16, had been printed in Hansard. He suggested that if a public document could bo printed in Hansard without being read lb was open to any private member to bring in a document and have it inserted in the same way. The PRIME'MINISTER said that he understood that the lion, gentleman did not object to the document appearing in Hansard. He recalled that Sirj Joseph Ward had asked .that the So-licitor-General's opinion should bo obtained. Although the request was somewhat out of the usual course the opinion was obtained and presented. He would have been glad to road it when he presented it, but' in view of the late hour, had refrained from doing so out of consideration for tho Hoiise. Finally, Mr. Massey stated «that Mr.' Speaker controlled Hansard iMj'/oould at his discrotioiP direct tho inclusionin that publication of any paper. He (the Primo Minister) hoped and believed that a great many of the people of the country had taken tho opportunity of reading tho paper. , Mr. SPEAKER said that the head of tho Hansard staff had drawn-his attention to the paper. Ho had directed .that. it should be .included and was quito within' his rights in doing so.. > ■ .The PRIME MINISTER shid that Sir Joseph Ward could have discussed tho paper When it was presented had ho felt so. inclined. . Ho added that it was not 'inserted in Hansard at his request. Sir Joseph Ward: 1 understood the hon. gentleman to say that it was inserted at his request? Mr. Massey: No. Tho Speaker said that he had not had any communication with the Primo Minister on tho subject. Mr. Massoy: And I had no commuriication on the subjcct with tho head of the Hansard staff. 1 To a question by Mr. Russell tho Speaker said that members could havo discussed tho opinion of the SolicitorGeneral when it was presented. Mr. Fisher (to Mr. Russell): You missed tho bus! COMMITTEE DISPUTE. CHAIRMAN'S RULING UPHELD. Mr. J. IT. BRADNEY, Chairman of the A to L Petitions Committee, said that tho committee, wthen considering the petition of T. 11. Johnson, of Waihi, and his wife, in respcct of Johnson's detention in tho Auckland Mental Hospital, had directed him to report that at a meeting of the committee it was resolved that a ruling given by him as chairman, namely that any evidonco showing tho previous mental state of tho petitioner should bo admitted, whether it had come beforo the doctors who had committed Johnson or not, be disagreed with and that Mr. Speaker's ruling bo taken on tho point. ' Ho moved that tho report lie on tho table, and he asked Mr. Speaker to give his ruling.

Mr. SPEAKER said that the committee had full power to call for all persons and papers, and also tn decide what evidence they should call. But tho committee had asked for his opinion, and hisi opinion was tliat it was

tho duty of all committees to rccoivo all possible information. A largo amount of latitude must lie granted. From tho tacts placed before him lie was of opinion that tho chairman was right in Ills ruling. Sir. BItADNTiY said that he would have asked for Mr. Speaker's ruling privately had 1 not the committeo ordered him by resolution to bring tho matter before tho House. Tho first witness called by tlio committeo was tho Medical Superintendent of tlio Auckland -Mental Hospital, and ho, under a lengthy examination by Mr. Robertson, had gone very fully into tho previous history of tlio petitioner. There had also been a very lengthy examination of petitioner by Mr. Robertson. Air. SPEAKER suggested that tho occasion was not a proper one for tho bringing tip of tho discussion., SIR JOSEPH WARD; Surely after having got Mr. Speaker's ruling tho honourable member will not trv to intrude upon this House tlio disagreements in Committee. There has been a lot of trouble with these committees lately. I can't understand it. The discussion did not proceed further.