JUDGE GRESSION ON WE REMOVAL OF THE JUDGES.

Waikato Times, Volume VIII, Issue 458, 24 April 1875, Page 2

JUDGE GRESSION ON WE REMOVAL OF THE JUDGES.

The following remarks-^yers made by Judge Gression on the 31st ult., on the occasion of his retiring from the Bench, as reported in the " Press" of the lstinst. : — " It only remains for me before I take leavo of yoa to explain the events which have caused me to retire somewhat sooner than [ had intended. You are aware that the joint committee of both Houses of Assembly upon the* Ward-Chap-man Inquiry ' appended to their report a recommendation that the Supreme and District Court Judges should change their ciicuits occasionally. I supposed at the time, as did many others, that it was merely intended to invite the Judges to exchange circuits, in conformity with the practice of the Judges in the United Kingdom. Such an exchange has often been talked of, and to this the only possible objection could that it might be attended with some slight additional cost to the country. But the General Government interpreted the suggestion to mean that^he Judges should be required to change their judicial i^stricts at intervals, and remove from time to time from one point of the colony to another. I venture to doubt that this could have been the meaning of the committee, or the intention of the Legislature, because it would ha\e implied an imputation against the Judges, and because it would ha-ve b< en at vaiiaiice -with the course of legislation of the last 16 years, culminating in the statute which secured the independance of the Supreme Court Judges by making them removable only by her Majesty upon the address of both Houses of the Legislature. But what becomes of the independence of the Judges if they may be ordered by the Minister of the day as often as he pleases to remove to whatsoever part of the colony he pleases ? It is obvious that such a power is open to gross abuse, and, if these be\he terms on which they hold office, the Judges are not better off than when their commissions were during pleasure, a form which was wisely altered by the Legislature toa good conduct tenure so long ago as in 1858. In conformity with what the Government, supposed to be the intention of the Legislature, I received a letter from the Colonial Secretary informing me that this judicial district has been assigned to Mr Justice Johnston, and inviting me to remove to Nelson. This I did not feel called upon t-j do, under circumstances which appear to me to convey an imputation against the partiality of the Judges. If the Legislature had by statute expressed its intention th.it they should reside at the seat of Government, I should have unhesitatingly accepted a change which might then fairly be assumed to be for the public interest, and not inconsistent with the independence of the Judges, although in my opinion the colony is not sufficiently advanced for such a move ment."