THE Wairarapa Age MORNING DAILY. SATURDAY, MAY 8, 1909. THE DISTRICT COURT.

Wairarapa Age, Volume XXXII, Issue 3184, 8 May 1909, Page 4

THE Wairarapa Age MORNING DAILY. SATURDAY, MAY 8, 1909. THE DISTRICT COURT.

We have received, "with the compli--ments of the Westland Law Society," a copy of an article which appeared in the Greymouth ''Star" with reference to the pioposed and intended abolition of the District Gourt. We are not surprised ,to learn that theproposal meets with "strong disapproval" in the Westland' district, and the "Star" says that this is so "not only because the court is much required, but also on account of ihe manner in which the intended change is being made. In the last two successive sessions of Parliament the Attorney-General (the Honourable Doctor Findlay) introduced a Bill which, while abolishing the District Courts, formulated important and far reaching changes in the Supreme Court and the Court of Appeal. It was a scheme in which the abolition of the District Courts formed only one factor among many. That measure was merely introduced and circulated and criticism and comment were invited from the Judges and ' legal profession. That criticism and comment was amply supplied, and it was legitimately supposed that the whole matter would be considered during the coming session. Instead of this, a summary notice is issued that by proclamation the District Courts are to be abolished on the thirtieth day of June next and no substitute can be provided by such proclamation, except the statement of,the Attorney-General that a iudge of the Supreme Court may visit the places in which the sittings of the District Courts were held. It is more than doubtful whether such.a doing away with a Court for which provision has been made by Parliament, is not utterly unconstitutional, indeed the opinion of the legal world in this district is that such procedure is unauthorised by the Statute, which says that the Governor may, hy proclamation, establish districts in which Courts of record, to be called District Courts, shall be held, and may proclaim or abolish Districts, but does not contemplate or authorise the abolition of the Court as a whole. It is plain that this was the view adopted by the Attorney-General,

when he sought, by constitutional means, to destroy the District Courts, and it is in consequence of the constitutional opposition the proposal met with, that Jie has determined on a coup d' etat in order to effect his purpose. It is very analogous to a tryant sending orders to execute an illustrious captive in prison, rather than bring him to a fair trial. The order for the execution of the District Court has been issued so as to take effect before the meeting of Parliament, the Attorney-General will smilingly inform the Legislative Council that the District Courts are dead, perhaps by a mistaken proclamation, but that it cannot be resuscitated, and [he therefore proposes to muddle along without it."