The Daily News WEDNESDAY, APRIL 29, 1903. THE PRIVY COUNCIL.

Taranaki Daily News, Volume XXXXV, Issue 103, 29 April 1903, Page 2

The Daily News WEDNESDAY, APRIL 29, 1903. THE PRIVY COUNCIL.

The n cent decision of the Privy Council, and the severe strictures passed by is ou the New Zealand Court, of Appial is a most regretable incident, and is ca'eulatfed to inpiir the good feeling existing beiween the colonies and the Home countiy. No one would have felt aggrieved afc the Privy Oountil reversing \he decision of tha Court of Appeal, but the Privy Council appears to have gone out of its way to pour contempt on the New Zealand Courts. Id tho course of the able and lengthy statement of the case by SSir Robert S out, Chief Justice, it was clearly shown that the Privy Council erred through ignorance of New Zealand law. This is a serious charge, and is certain t'j destioy confidence in the Privy Council. We would rather that the New Zealand Judges had treated the matter with dignified silence, and left it to Parliament; to uphold the dignity of the Court of Appeal, and suggest a remedy for the present unsatisfactory position. Tho fact that tho Privy Counc ; l was guilty of an error of judgment does not justify our own Judges being guilty of the indiscretion of commenting adversely on the decisions if a supjrior court. What has taken place calls attention to the fact that this very question is the rock upon which the Commonwealth of Australia was nearly wrecked, and it will bi> remembered that our Australian cousins strongly advocated the estab lishment of a final High Court of App;al within the Commonwealth, in eluding New Zealand. The ignorance of colonial law on the part of the P< ivy Council was then urged as good grounds for a Colonial High Court, coosis ing f the Chief Justices of each Stite, The reasons urged against it were that the establishment of such a body would be a fitst step, and a great one, to independence, and, though th» idea bat strong support, the grrat de-ire to have one final Court of Appeal for the whole Empire carried the day. We c»n, howevtr, pay too dearly for saritiment, and a repetition of the recent cs3 will cert ait ly cause a revulsion of feeling in favour of establishing a Colonial High Court as a final Court of Appeal.