A JUDGE'S APPOINTMENT.

Taranaki Daily News, 9 January 1918, Page 7

A JUDGE'S APPOINTMENT.

QUESTIONED BY THE BAR

REMARKABLE INCIDENT IN COURT

The knowledge that Mr. Justice M'Cawley was to take his seat ou the Full Court Bench at Brisbane on December 6 for the first time had the effect of tilling tlie spacious court room. After 10 o'clock the Chief Justice (Sir Pope A. Cooper), Mr. Justice Real, Mr. Justice Chubb, Mr. Justice Shand, and Mr. Justice Lukin came on to tlie Bench, and then came Mr. Justice M'Cawley, who took a chair behind the Chief Justice. , Mr. Justice M'Cawley rose and sa-id: "I beg to present the Commission appointing me as a Judge of the Supreme Court, and to request tbat the oaths of office be administered to me. I claim to take my seat as a Judge of this court." He handed the document to the Chief Justice, who passed it on to the Registrar to read. The commission was read by the Registrar.

Mr. Fcez then rose and said lie had to call attention to the question of the constitutionality of appointing a Judge of the Arbitration Court to the Supreme Court Bench, and he had to raise objection to Uie swearing in of Mr. Justice M'Cawley. Before doing so he would ask to he allowed to make a few remarks, which would not be out of place at- the present juncture. Tt was usual on the elevation to the Bench for members of the profession to felicitate the new Judge on his appointment, and to express to him very kindly feelings and good wishes, and the occasion of swearing in was usually chosen for these congratulations. He regretted on this occasion they were unaMe to follow this timehonored practice, and, in saying that, he was permitted to sneak for the whole profession—the Bar and the solicitors. Mr ,Ryan (Premier and Attorney-Gen-eral) : That is not so Mr. Justice M'Cawley: Do the Court purpose to permit a personal attack on toe? . • ■ •

Mr. Ryan: Mr. Feez is not speaking on behalf of the Bar of QueensJand, and not on ray behalf. lam leader of the Bar.

Mr. -Justice Real said he thought it must be very disagreeable to Mr. Justice M'Cawley to sit there and listen to this. Mr. 1 Ryan said that as Attorney-Gene-ral he repudiated the suggestion made by Mr. Fcez tihat he had spoken on behalf of the profession in Queensland. Mr..Justice Real: No one could have understood he included the Attorney-Gen-eral.

Mr. Ryan said some dissented from Mr. Feez's attitude.

Mr. Sfumin, K.C., said the whole attack had been made mainly on Parliament, and through it on the Executive. Mr. Justice Real: There is no attack on Parliament.

Mr. Ryan: I may be allowed to draw that conclusion.

Mr. Justice Real: He says the Act of Parliament does not authorise it. That is not an attack on those who do not take that view.

Mr. Ryan: It was an attack on tho Executive, if not on Parliament. T understood it to be an attack on the Act and on the Executive. 1 think I shoutd protest against the whole profession being included because Mr. Feez has raised the curtain of contention before the Court..

_ Mr. Justice .Real: You would be wanting in your duty if you did not come here to defend the Government. I would be sorry to think the profession had sunk so low that, any man in the Bar would not conic to protect himself if he telt he was being misrepresented Mr. Ryan: Those members of the professmn who are not behind the attitude taken up should nob be associated' with them.

The Court staled that they would consider their decision. "