JUDICATURE BILL.

Dominion, Volume 7, Issue 1892, 29 October 1913, Page 4

JUDICATURE BILL.

A TEMPERATE DEBATE. WHAT THE JUDGES THINK. Tho Hon. A. L. HERDMAN moved tbi) second reading, pro forma, of tho Judicature Amendment Bill. Ho said that it was rendered necessary by tho iDcroaso of work, in rocent years, in tho Supremo Court and Court of Appeal. Applications for additional assistance in the Supremo Court had been mado at different times by tho AucUkr.a and Wellington Law Societies. ' At piesent the sittings of the Court of Appeal denuded the greater part of the Dominion of tho Judges for tho time being. ' Ho described proposals winch had been previously made, including that ol Sir John Findlay (when he was • Attorney-Gen-oral) to establish a permanent and peripatetic Court of Appeal consisting of three Judges. In his (Mr. Herdman's) opinion it was undesirable and impracticable to establish a separate Court of Appeal in this country. Tho Bill before the Houso had been considered by tlio Law Societies of tho Dominion, and with the exception of that at New Plymouth they had reported favourably on tho proposal. Tho Council of the Now Zealand Law Society had said that the Bill should pass. All tho Judges save one wero of opinion that additional assistance was required in tho Supremo Court. Sir Joseph Ward: Who is the one? Mr. Herdman: I don't propose to give names. I don't think it is fair that I should. I think it fair to say this: Hie Chief Justice favours one additional Judge, two Judges are in favour of two additional Judges; one Judge is not in favour of an appointment of any kind, and tho remaining Judges favour ono. To Mr. Davey the Minister replied that a successor would havo to bo appointed to Sir Joshua Williams apart from new appointments. sir Joseph Ward: Have you selected him yet? Mr. Herdman: I haven't considered it. He' continued that, with great respect for tho opinions of tlio Judges, tho House and tho country should take into serious consideration the oppressed opinion of the legal profession throughout New Zealand. Tho Bill proposod to mako tho total number of Judges nino, including 'the Chief Justice. Four Judges and the Chief Justice would from the Court of Appeal, leaving tho 1 others available for Supremo Court .work. The Minister reminded tho •House that at present one Judge was engaged in the Arbitration Court and that the Chief 'Justice was chairman of tho Prisons Board, an office that entailed a vast .amount' of work. , Tho present Chief Justice waa capable of doing an almost unlimited amount, of work, but anyone else in his offico might not be able to do so much.

The Estimated Cost. The Minister went on to state that the estimated annual cost of two additional' Judges was £5200. In tho year ended March 31, 1913, tho payments made to the present Judges were as follow:—Salaries, £10,000; total allowances, £2090; expenses, £596. Total for six judges, £13,686. Average £2281. Tho payments to six Judges' secretaries during the saino period wore Salaries, £900; allowances, £392; expenses, £115. Total (for six secretaries), £1607. Average, £208. Total annual cost of Judge and secretary, £2549. Increasing Work. Mr. Hordman next supplied the House with statistics showing tho annual amount of work done by the Supremo Court at intervals of fivo years: Details were:— CIVIL CASES--1897 : 419 1902 432 1907 660 1912 755 CRIMINAL. OASES. J897 423 1902 ■ 435 . 1907 489 1912 363 Decrease of 60 cases in 1912 as compared with 1897. . DIVORCE. 1897 68 ' 1902 138 1907 231 1912 281 Sittings in Chambers were: 1897, 492; IDO2, 549; 1907, 595; 1912 975. Details of motions and summonses were: 1897, 2073; 1902, 2544; 1907,. 2900; 1912, 4011. Tho petitions were: 1897, 138; 1902, 177; 1907, 179; 1912, 312. Orders made by Judges totalled: 1897, 1815; 1902, 2550; 1907, 2783; 1912, 4055. Tho Banco sittings held were: 1897, 133; 1902, 133; 1907, 209; 1912, 212. Motions and hoarings gave the following totals: —1897, 176; 1902, 201; 1907, 249; 1912, 236. Rules and Orders made were: 1897, ■66: 1902, 125; 1907, 167; 1912, 181. Appeals from inferior Courts in special cases totalled: 1807, 83; 1902, 104; 1907, 114; 1912, 90. The total of matters dealt with m Banco increased from 325 in 1897 to 507 in 1912. The Arbitration Court. Work in tho Arbitration Court, the Minister stated, had not increased, by reason of tho fact that an alteration in tlu l law in 1906-7 provided that cases of enforcement of award should bo dealt with by Stipendiary Magistrates, instead of by the Judge ot* tho Arbitration Court. In 1902 the Arbitration Court judgments totalled 182; in 1907, 584 , and in 1912, 194. Tho Judgo of the Arbitration Court, however, had to tour tho Dominion from end to end. Court of Appeal. In tho Court of Appeal cases had increased in number and in importance. Particulars wore: —1897, 30; 1902, 32; 1907, 29; 1912, 46. Judges' Pensions. One portion of tho Bill dealt with Judges' pensions. As ut present, pensions would coirnnonco after ten j-oars' sorvice, but instead of increasing afterwards at intervals of five years' service, the amount of a Judge's pension would inciea.se witli each year of service. At present a Judge sometimes waited for the end d a live-year period, so as to ge' his full pension. Sir J. AVard: Is this to meet a special case? Mr. Hordman said that it had been asked for. Sir J. Ward: To meet tho caso of . 000 of tho Judgosi ■

Mr. Herdman: That- may be so. Mr. Italian: It is all right. Finally, tlio Minister stated that undor the schemo embodied in the Bill the Judges doing Appeal Court work and Supremo Court work would bo interchangeable onco a year. An Increase Opposed. SIR JOSEPH WARD (Leadfer of tho Opposition) recapitulated what tho Minister had said about tho opinions of tho Judges. Mr. Hardman said that he should liavo said that 0110 Judgo had not replied. He had mado a mistake in givinjl replies from seven Judges. Sir Joseph _ Ward said that he attached: moro importance to the opinion of tho Chief Justico than to that of tho Law Societies ia connection with this matter. Whilo ho considered that tho Chief Justico was best qualified to make a recommendation on tho subject, however, ho was personally opposed to any increaso in the number of tho Supremo Court Judges. Ho had been of opinion for some years that tho president of tho Arbitration Court should not bo a Judge of tho Supreme Court, but a business man. Tho change could bo mado with economy, and an additional Judge would bo mado available for ordinary Supreme Court work. Compensation eases that required legal handling could be passed on from tho Arbitration Court to the Supremo ("Vurt. In Great Britain only three Judges sat in oach division of the Appellate Court, and tho same number should suffice here. He favoured a peripatetio, Appeal Court in this country. Mr. Lee :' No law' libraries. Sir J. Ward said that provision should be mado for libraries. It was not fair to litigants hailing from various Darts of the Dominion that thoy should all be put to tho expense of coming to Wellington. At pwsent the whole of tho Judges sat in Wellington during Appeal Court proceedings, and he and many others considered that this should not go on. The Woes of Litigants* ■ Mr. A. H. HINDMARSH (Wellington South) said that, ho had looked through tho Bill from tho point of view of tho litigants. At present delays occurred .which put litigants to great- troublo and expense. Judges seemed to have -err littlo sympathy with litigants who had to keep a la>rgo number cf witnesses on tho spot at considerable expense. He. thought it would have been bettor to sot up n Court of. Appeal consisting of three Judges of eminence. In liis opinion the jealousy felt by the Judges of one another had operated, and they had induced tho Attorney-General to bring in this Bill. M r . : No, no! That, isn't so. Air. Hindmarsh said that he considered tli.e proposal of the member far Awarua a very good one. At any rate something would have to be dons. Forty Years ago thore wero nearly as many ! judges in Now aB there were to-day. It seemed to him that if five Judfeg were required 40 years ago, ten would not he too maiw to-day. In tho interests of litigants delays' must _bo dono away with. Lawyers almost without exception, in the big cities at any rate, would say that, additional Judges were needed. He attached very littlo importance to tho opinions of tho Judges themselves. The House should support the proposal to appoint moro Judges. Mr. Laurenson's Advice. Mr. G. LAURENSON (Lyttelton) opposed tho proposal to appoint two additional Judges,, but said that he supposed the Bill would go through, providing for tho appointment of ono additional Judge, apart from tho vacancy that would bo loft by Sir Joshua Williams. Ho urged tho Attornoy-Qoneral, ; when ho came to appoint now Judges, not only to select men of integrity, but to avoid appointing men who were irritable or short-tempered. Thoy had specimens in this country, and it was an abomination to have them in any placo in the country. Tho last position in tho world in which to placo them was that of a Supromo Court Judgo. A Case for One. Mr. J. A. HANAN (Invercargill) said that ho thought a caso had been made out for tho appointment of ono additional Judge, but not for tho appointment of two. He considered that two Judges in this country were not overworked, and could easily do a. littlo moro than they did now. Something could be dono by readjustment of districts. He opposed Sir Joseph Ward's proposal to make a layman president of the Arbitration Court, biit supported tho suggestion to establish a peripatetic Court of Appeal Mr. G. V. PEARCE (Patea) supported the Bill. Recently ho had introduced a deputation to tho AttorneyGeneral, which asked for a Supreme Court sitting in Hawera. At present litigants in Southern Taranaki had to travel to Now Plymouth or to Wanganui, 60 miles one way and 50 the other, and wcro put to a great deal of troublo and exponso; Mr. G. W. RUSSELL (Avon) expressed surprise at tho Attorney-Gene-ral bringing down a Bill to increase the number of Judgos by two, when tlio Chief Justico had indicated that- ono additional Judge would bo ample. Ho supported tho creation of a peripatetio Court of Appeal of three members. Tho proposal in tho Bill, ho contended, was inconsistent with tho Attorney-General's past professions of purity. Mr. Russell Rebuked. The Hon. A. L. HERDMAN, speaking in reply, said that tho only speech remarkable for its bad taste delivered that afternoon was the speech of tho member for Avon. Mr. ltussell: Oh. I don't want t-o learn t&Bto from you. Mr. Herdman said that the lion, gentleman practically suggested to the House that no matter how necessary tho appointments _ might bo it would be an act of impurity on the part of tho Government to mako them. Mr. ltussell: Pure for one; impure for two. Mr. Herdman said that he had submitted evidence to the House which showed that, the appointments were necessary. As to other speeches he was very grateful to hon. gentlemen opposite for tho very fair and moderate tono in which thoy had treated tho wholo subject. Before tho Bill went into Committee he would consider tho proposal to rcduco the additional Judges to one, but ho was afraid that the. reduction would destroy the scheme outlined in tho Bill, in referenco to tho Court of Appeal. Tlio words used by tho ono Judp;o who though that no additional appointment was necessary, tho Minister stated, were: "I can't say that I am abto to say that there is any actual necessity for it, though it would no doubt tend to relievo those who sit in the places where tho work is most pressing."