Page:The Green Bag (1889–1914), Volume 08.pdf/289

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The Green Bag.

Benches of the three Inns of Court, and on the strength of this increase to its income it has taken permanent quarters and set up a permanent official staff. It has standing com mittees on (a) the Business and Procedure of the Courts; (b) on Court buildings, and (V) on matters relating to pro fessional conduct. TIk only matter of general interest to the public upon which any action was taken was as to the prac tice of a son of a county court judge practicing ljefore his father. The custom has, it is alleged, grown into abuse in some parts of the provinces, where solicitors are in the habit of briefing the sons, not on account of their superior merits, but because it is presumed they have readier access to their fathers' ears. The Council are of opinion that "whilst it is unobjectionable for a barrister in the ordinary course of a general practice to accept a brief in a court of which his father or other near relative is a judge, it is not right for such a barrister specially to devote himself to practice in that court. It is almost inevitable that partiality will be suspected, even although there may be no real ground for such suspi cion. The practice might even lead to briefs being delivered to the barrister because it was believed his client would have an unfair advantage over his opponent." It is a pity that the Council, having taken some steps toward ridding the Bar of an abuse, cannot have the courage to turn their attention to the Bench. There are now no less than eight occupants of the bench who are entitled to retire on a pension. These are Lord Esher (the Master of the Rolls), Lord Justice Lindley, Lord Justice Lopes, Lord Jus

tice Kay, Baron Pollock, Mr. Justice Hawkins, Mr. Justice Matthew and Mr. Justice Cove. All have served at least fifteen years, while several have covered more than a period of a full generation. They are learned and upright men, but as no one is elevated to the Bench until he has attained middle age, at least, most of them are now old men. 1 hey cannot have the activity and energy of youth nor the patience and sympathy and even-mindedness which are popularly sup posed to attach to judicial functions. Lord Esher, who is over eighty years of age, has recently been the subject of very severe criticism by the writer of a letter in the " Law Review,' ' who asserts that the members of the Bar are invari ably insulted in the court of appeal over which Lord Esher presides, and that many leading practitioners decline to appear there, because they are unwilling "to become the butt of Lord Esher's buffoonery." The writer further professes to know that " Lord Justice Rigby arranged to relieve the Court of his presence for two terms last year in consequence of the treatment of counsel by its noble and learned president," and that Lord Justice Lopes has remonstrated with the Master of the Rolls in language extra-judicial. There are other judges who have an equal disregard for counsel and an impatience of audience which is hardly consistent with justice. If the question of making the retirement of judges upon a pension compulsory after fifteen years' service, instead of voluntary, were left to the Bar, it would be carried by a very large majority. Stuff Gown.