LEGAL CONFERENCE

Sun (Auckland), Volume IV, Issue 953, 22 April 1930, Page 10

LEGAL CONFERENCE

ADDRESS BY CHIEF JUSTICE OPENING SESSION TODAY Some 300 members of the legal profession were present at the University College Hall this morning, when the third conference of the New Zealand Law Society was opened. i THE chair was taken by Mr. A. Gray, -*■ K.C., of Wellington, and there were also present the Chief Justice, Sir Michael Myers, the AttorneyGeneral, Sir Thomas Sidey, Sir Francis Bell and Mr. R. P. Towle, president of the Auckland District Law Society. Mr. R. P. Towle welcomed the visitors on behalf of the Auckland Law Society. He apologised for the absence through illness of Sir Robert Stout. He had much pleasure in welcoming his Honour the Chief Justice, Sir Michael Myers, and the At-torney-General, Sir Thomas Sidey. “We all appreciate very much the deep interest Sir Thomas takes in the profession,” added Mr. Towle. On behalf of the citizens of Auckland, the Mayor, Mr. G. Baildon, welcomed the visitors. It is quite certain, said Mr. Baildon, that these conferences cannot do a great deal of harm. (Laughter), and he was quite sure that they did a great deal of good. SACRIFICE TO JUSTICE He said he was glad to notice from the programme that there was also a lighter side to the business, and that during their stay the visitors, coming from all parts of New Zealand, would have an opportunity of seeing the City. Although the ordinary citizens view legal men as people one should keep away from as far as possible, he felt sure the people of Auckland would give them a warm welcome. “We realise,” said Mr. Baildon, “that ultimately we or our estates must bo offered up as part of the sacrifice to the administration of justice. It is perhaps inevitable, and to that fate we move forward with solid fortitude. Already, perhaps, some of us have learned that a glorious victory In a legal battle is only a little less costly than a disastrous defeat. But, in spite of all these hard thoughts, we are genuinely glad to have you with us,” said Mr. Baildon. Mr. Baildon also referred to the appointments of Mr. H. F. Johnston, of Wellington, and Mr. A. Hanlon, of Dunedin, as King’s Counsel. He said he felt sure that both gentlemen would receive the warm congratulations of their colleagues. (Applause.) GOVERNOR-GENERAL’S MESSAGE Mr. A. Gray, K.C., from Wellington, president of the New Zealand Law Society, returned thanks on behalf of the visitors. Mr. Gray, in taking the chair, read a letter he had received from the Governor-General, Lord Bledisloe, regretting that he was unable owing to a prior engagement to open the conference. As a member of the profession, his Excellency had stated that he would take a very keen interest in the profession In New Zealand. On the motion of Mr. Towle a resolution was carried by acclamation, placing on record the conference’s appreciation of the Governor-General’s message, and its regret that he was unable to open the conference. DESULTORY OBSERVATIONS Stating that he did not intend to make a set speech, but merely to cover matters of. interest to the profession under the heading of a few desultory observations, the Chief Justice, Sir Michael Myers, officially opened the conference. Sir Michael referred first of all to the inability of the Governor-General to attend the conference. “I would particularly have liked to see Lord Bledisloe present, as he is the first practising barrister to become Governor-General of New Zealand.” He was pleased, however, to see present Sir Francis Bell. Sir Francis was his first principal when he left school, his first partner and his friend of 38 years. During that period Sir Francis Bell had been the doyen of the New Zealand Bar, and no man in the history of the profession m New Zealand had done so much for it. Mr. Hughes, of Dunedin, was another present who had done a great deal for the legal profession, and also the Hon. John McGregor, the oldest practising lawyer in Dunedin. He said he also had to pay a word of tribute to the Attorney-General, Sir Thomas Sidey, who, as they all knew, always had the interests of the profession at heart. Referring to tho chairman, Sir Michael said that the Law Society had only had three presidents, Sir Francis Bell, the late Sir Charles Skerrett and Mr. Gray. All had performed excellent service to the profession in New Zealand, said the Chief Justice. Referring to the proposal to hold the conference on alternate years, Sir Michael expressed the hope that the motion would not be carried. He thought that the conferences did a great deal of good, and the value of the social side could not be ignored. He would like to see the conferences •held annually. Referring to the growing tendency toward higher fees in England, particularly those charged by leading members of the profession, the Chief Justice expressed the hope that the same tendency would not be observed in New Zealand. PRIVY COUNCIL He also made mention of the movement in England for the abolition of the Privy Council as a court of appeal. He said he regarded the Privy Council as the greatest of all tribunals in the world. There, he said, one could get the judgment of the finest minds in the Empire. He hoped that the Privy Council would remain intact as i far as New Zealand was concerned as their ultimate tribunal. | “If members of the conference agree with my view-, I hope they will pass a resolution which will help the delegates to the next Prime Ministers’ conference,” said Sir Michael. “I don’t want to dictate to you or influence you in any way but, as I would say to a jury, I will leave it i to you.” (Laughter.) The Chief Justice also observed 1 that he was not in agreement with j the suggested abolition of the jury system. He thought the system w’as I not a bad one. and in many cases he j preferred to have the assistance of * a jury. ARBITRATION APPEAL He referred also to the suggestion that there should be a right of appeal to the Court of Appeal in arbitration : cases. He hoped, as a matter of ; policy, that that resolution would uot

be passed. In the first place the profession would be accused of endeavouring to increase legislation, and he doubted very much If the right of appeal was needed. From his ! own previous experience he believed I that the Arbitration Court had done | very good work. He thought that it | might be found that the Arbitration Court was much overworked, and this, i be thought, would be the only thing j that would justify any alteration to the present system. In that case | it might be possible for Judges of ; the Supreme Court to take over some I of the work although, naturally, they ; were not anxious to do so. i On the motion of Mr. West a-vote of thanks to the Chief Justice was j carried by acclamation. Subjects affecting the profession and also details of legislation he intended introducing were mentioned by Sir Thomas Sidey. The Attorney-Genera! stated that he Intended introducing an amendment giving power to coroners to reopen inquests where found necessary to do so. He also referred to a question touched upon by the Chief Justice, that of five years’ qualification as a solicitor enabling a solicitor to become a barrister —referred to by the Chief Justice as the back door to the bar. Sir Thomas said that with the educational facilities possessed by New Zealand, this was far from necessary. In the legislation he was introducing he wished to avoid including too manv contentious subjects so as not to jeopardise the Bill dealing with legaleducation. When it was passed, however, and a committee set up the committee could then proceed to have the present five-year qualification eliminated. This, he said, would only refer to those coming in and not to those already qualified.

CONFERENCE PROGRAMME

RECEPTION TODAY This afternoon a reception to visiting lawyers and their wives is being held in' the Lewis Eady Hall, the guests being welcomed by Mr. and Mrs. Towle. On Wednesday afternoon there will be a harbour excursion, followed by a dinner in the evening, tho women visitors being entertained at a bridge evening in the Lyceum Club. On Thursday afternoon a golf tournament will be held at Titirangi, the programme being concluded with a theatre party and dance in the ingThis afternoon a paper on “Circumstantial Evidence” was read by Mr. H. F. Johnston, K.C., of Wellington. During the conference a paper on “Appeal to the Privy Council” will be read by Mr. J. B. Callan. of Dunedin, and one on “Nisi Prius” by Mr. C. H. Weston, of New’ Plymouth. An address on “The Position of Mortgagees with Respect to Fire Insurances” will be given by Professor R. M. Algie, of Auckland. The visitors will leave Auckland on Friday.