Wairarapa Daily Times. [ESTABLISHED 1878] FRIDAY, MARCH 24, 1893.

Wairarapa Daily Times, Volume XV, Issue 4377, 24 March 1893, Page 2

Wairarapa Daily Times. [ESTABLISHED 1878]

FRIDAY, MARCH 24, 1893.

second edition

Being the extended hub of the Wairarapa Daily, with which it is identical

The press of the Colony, in discussing Mr District Judge Ward's appointment for th fourth time as a temporary Judge of the Supreme Court, has overlooked or refrained from noticing what appears to us a very important phase of tho question, and that is the constitutional bearing of Ihe case, The practice that has obtained in this, and we think in some of the other Australasian Colonies, of appointing a gentleman temporarily to the high and responsible position of.a puisne Judge, would seem upon reflection, to be establishing a precedent of a most dangerous nature. No matter how upright, how high principled, or bow much above reproach the gentleman may be, who is appointed temporarily lo a Judgeship of the Supreme Court, yet the very fact of that appointment beiDg but of a temporary nature, is, to our mind, likely to detract from the absolute independence which should belong to the position, The great principle that has actuated the appointment of English Judges, ever BincHtheconstitution of Great Britain otb amended in the reign of William and Mary by the Act of Settlement, in whioh it was enacted, amongst other matters of equal importance, that Judged'commissions should be made qmmdin se kne gwerint, or in plain English, that they should hold office during good behaviour, that their salarieß should be ascertained and established by Act of Parliament, and that they could only be removed, upon good cause being shown, by an address to both Houses of Parliament, has, in our opinion, been violated by tbesetemporary appointments, at least in the spirit if not in the letter of tho law. Mr District Judge Ward having been temporarily appointed to relieve Mr Justice Williams, whohfts obtained leave of absence upon the score of ill health wb bold th»t the appointment is not within the strict letter of the law, for Mr Ward only holds office "during the Governor's pleasure," that is to say, his position is not independent, because he can be removed at the will of the Ministry of tho day, who advise the Governor. No reference to Parliament is required, as in the case of the other Puisne Judges, and as provided for in the constitution of Great Britain. If another Judge is required, and there is no d.oubt there is, the right and only properly constitutional course would be to' majie a permanent appointment. We view these 'Mem. nprarv'' judgeships with gome alarm, because' anything tjiafc 'tends to subvert tho independence of the Bench, even in tb.B remotest degree, is a most dangerous innovation, fraught with many undesirable possibilities. The appointment of Judges qmmdin se bene gmerint has now obtained by Jiuqlish law for nigh upon two con

luiieß, and thore should be to devia lion from this rule bo far as tbi Colony ia concerned, " During gooi behaviour" to all intents and par [ poses means for life, and therefore w reiterate that Mr Ward's appointmen is nn infringement of the constitution If "lime"honoured" constitutions procedure is set aside in this matter how are we lo rest assured that " tin Founts of Justice," which, unde British rule have flowed pure am unsullied for so long, may not ulti mately he polluted hy other ovei more dangerous innovations. l'rtu it is tbat Mr Ward has worn tin ermine on several occasions befon and we have every confidence that hi is a man who will perform the dutie; of his high office without" fear o: favour, hut we (speaking on this sub jcot entirely as laymen) cannot bu keep looking askance at anything tha would tend to militate against tin independence or perhaps tend ti throw some doubt upon the intogrit; of the How can a Judge hi independent when ha knows his posi lion may bo terminated at the will o the Ministry of the day, and, man i but mortal, how can his integrity 1) assured when there is a chance of hi being suborned by the very existenc of that non-inilependonce, Once Judge always a Judge is our opinion, i , a wan is thought worthy of appoint , nieut lo that dignity, In tho presen i instance there is no earthly reaso: vhy Mr Ward should not receive hi commission as a permanent Pnisn Judge. The immense pressure of worl in the Courts demands the appoint merit of another Judge.and the Judg , so appointed need have no fixed cir cuit but could always be at hand fo relieving purposes, or to take ut . arrears of work that are every day fall ing more and more behind from wan of time on the part of the olhe x Puisne Judges to adequately cope witl j the accumulation. We commend tin constitutional aspect of this temporary judgeship to our legal friends, trusting that more light will bo thrown on, ' what appears to us, a grave divergence from the law of the land.