1918-11-07 — Page 2

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THE COLONIAL JUDICIARY EDITOR OF PENANG PAPER SUMMONED FOR CONTEMPT.

1918

`` ROYAL BANGKOK SPORTS CLUB

THE EXCLUSION OF ENEMY SUBJECTS.

or Austrian

independence of the Bench wight beat this: hour that I would delibest practice and by mixing with and living Club can always rescind it when it likes

Now, I have always regarded the SINGAPORE LAWYER'S OPINION, "King's Courts of Justice is the most im A Singapore lawyer, commenting on the portant, of all public institutions, the case in the Straits Times, sags:--- traditional defenders of the civil liberties To be Judge, it is necessary to As a result of an editorial article of the King's ligges and the final bul-know the unwritten parts of the profes published in the Straits Echo, of October wark between the citizen and executive sion, to have gone through the rough and At the annual meeting of the above 15th, in regard to what be considered the tyranny, our last line of defence against tumble of the profession, to have fallen Club on October 24th, the Chairman (Mr. inadequate salaries paid to members of the bureaucracy which is so busily ac

into and got out of the pitfalls of prac E. Stiven) said he had received the the Colonial Judiciary in general and of cumulating all power in its hands. And tice, and above all, to have experienced following proposal from Mr. A. R. the Straits and F.3.8. Judiciary in such an institution I do not only en-the strain and difficulty of conducting a Malecim. It was seconded by Mr. T. R particular, Mr. H. Welham, the Manng tertain the most profound respect for heavy case at nisi prius or of arguing ing Editor, and Messrs. Quah Beng Kee your Lordships' Court, but I am deeply difficult case on appeal; it

Jenkins:-"No German perfectly Lim Seng Hooi, Lim Eng Hoe, Lim Eow concerned to see that its dignity and safe to say that until a man, has learnt subject, nor any subject of any nation Bong and Lim Boon Hoe, directors of authority are not diminished or impaired to be à Barrister he can never be more which, is or may become the ally of the Straita Echo Co., Ltd, were sum- When I clamour for at independent than an amateur judge, just as it is safe Germany or Austria in the present war, moned before Mr. Justice L M. Wood Judiciary I mean a Judiciary over whose to say that, no officer could command a shall be eligible for election to the Club ward and Mr. Justice P. J, Sproule, toobers as regards promotion, leave, and regiment properly unless he had served either as an "ordinary or an honorary shew cause why they should not be on their personal affairs generally, the Cov

is a regimental officer and learnt the member." ernment has no control whatever. For mitted for contempt of court.

Mr. E. S. Smith: I suggest that this ropes. The Judges are the last repository proposal be dropped. A proposition of Mr. Herbert Welham, said:-

fourteen years I have hammered away at of the etiquette of a profession whose this sore ought not to come forward ex- May, it please your Lordships. When this subject in the newspapers of Penang, etiquette is its essential safeguard; they.cept with the full approval of the whole I received the writ in this matter I always insisting upon the importance to too, are the last repository of the unwrit-committes.

the community at large of upholding ten law of the Barrister, those pieces of naturally read through the incriminated the status and dignity of the Bench practice and conduct that are banded attached to this resolution!

Mr. Couper Johnston: Iary period passage very carefully. It then did seem Some of your Lordships, predecessors front mouth to mouth and written in no

Mr. Malcolm: There is no period at- Rave thanked me for what I have done books, that are only to be learnt by actual attached to this resolution because the to me that the phrases about then this respect In any case, to

Amongst Barristers." The ablest of hypothetical contempt, but that anybody strution dont I had always sought these, one by chance, it must be cuem the Germans from Siam I think wa

Deputy Public Prosecutors never

Mr. Brighouse: We have got rid of acquires an that have would attempt to read into it an attack to exale and defend and that in an bered that he gets called to the Bar ought to take every possible step to keep

emmerely on the integrity of the Bench never article in which I demand that its mem

48 a step in his Civil Service them away from Siam and keep them bors should. be

more highly paid-is not career, that because he is a civil servant away from our Club. I hope we shall pccurred to me for a moment. The idealogical Nor is it fair to strain a single his path is made easy by relaxation of never see them here again. personally and your Lordships know me canvey that meaning. Irticles to the rules of the Inns of Court, and, is preposterous. I know your Lordships expression in a long series of

Mr. Adam: I this resolution is You will not suggest that I think your protest against anything disrespectful to as he chooses to learn from books. How bring any German or Austrian to the again finally, that he knows only such civil law passed, after the war canary member. Lordsbips to be corrupt How, then, could I intend to convey such a meaning your Lordships' Court being read into the can a Bench, which knows nothing of Club as a visiting member to my readers? It is certainly not a incriminated passage.

the true inner life of the Bar, direct and

The Chairman: I think it certainly have always, in accordance with control its Bar! Yet, that is one of its meaning that would occur to my Asintiems Directors polity, conducted the principal functions

can be done. readers, who, on reading it, would merely Straite Echo with a single eye to the

Mr. Sutton Hare not the Committee think that I was returning to my old

Justice Woodward says that That interest I have members of the legal profession out here already taken action in this matter 7" subject of the separation of the Executive public interest.

held, and I still hold, to be gravely do not take judgeships because of their are not the names of enemy persens article of the necessity for raising the towards the Judges, and I have consider such a case. and the Judiciary.. I speak in this same menneed by the Government's policy loyalty to their Arms. I never heard of already been wiped off this Club's mem

On the other band, I dcbership list, and is it really necessary service from the Colonial Secretary to out ambiguity. pay of every person in the secretamented it my duty to say so, plainly and with know that only a counsel in an excep. to have a resolution of this sort!

tional position can take a judgship. In

The Chairman: The Committee have the peons, and I have always urged that I have searched the records and the first place, the pay is much too small taken the action you describe, Mr. the pay of the inspectors, warders, clerks, adthorities available to me for any ease in the second, the pension is ludicrous Button. They have struck of the list of etc.. insufficient, but nobody reads that more or less on all fours with this in after seven years about £300 a year. members all those known to the Com- as meaning that they are corrupt or ready order that I might be guided in my en-pay and pension were such as to offer mittee as being of Austrian or German to take bribes. When I used the word

deavours to do what is proper in circuma proper inducement to senior members nationality. That is the only action the" pittance I was thinking in terms of

I have found of the stuff. Bar in England and out Committee have taken in the meantime. atances so novel to me. modern large incomes. I am sorry if it done. The case of Regina gr. Gray, here, there would be no difficulty all

at bas given offence. Certainly, the general which your Lordship bas cited, was onlin filling the Bench with able and ex

Mr. Smith I think as a Sports Club public thinks the Judges are underpaid, in which an. Editor had made a gross perienced lawyers whose lives had been we ought to drop this motion. Are there and as for the emoluments not being and scurrilous personal attack upon Mr. devoted to the practice of their profes any Siamese present here prepared to sufficient to attract the best c from Justice Darling.

Never has such comsion in open competition up to the time give their opinion on this motion? I ask the Bat who would be ornaments to the soution for contempt. Such prosecutions of I have not the slightest doubt that outside there are at least two members of ment as mine been made a cause of pro- of their elevation. The whole question every reasonable mm here to vote against

of Judicial pay is of vital importance. local Bench but who could not accept any are confined to specific contempt of a and

The Chairman: We have each the invitation to it because the smolu specific court in some specific case, and the legal profession would ments are not sufficient for men with large the rights discuss traply the constitu fudicial pay as Me Welham described pens in connection with this proposal describe courage of our convictions whatever hap When I wrote in this article of an et moments, etc., of the Courts, ita pittance, in comparison with the The motion will have to be confirmed at

methods of Independent Judiciary I was thinking their office, etc., is recognised as a mat- It is a fast, though it may astonish your notice will be given.

appointing Judges, tenure of dignity importance of the position. a meeting to be called later and of which not of the Judiciary as a tribunal whichter of public interest. But what I have readers, that the Chief Justice delivers judgments and interprets and found are several expressions of opinion Straits Settlements is paid less than an of the a collection of individual Jadges in generally and the power which a court tions needed tre dependence. Surely will have to be confirmed at a administers the law, but of its personnel by eminent Judges, on contempt of court Indian Puisne Judge, yet the qualifica their personal and not their judicial possesses to commit. dot when the ad capacity, and it was my desire to ministration of justice has been hame the independence of the Bench just as

Then as to independence. every lawyer knows what is meant by emphasise Bad uphold the time-honoured principle of the complete separation of pered and that is not alleged in this the Executive and Judiciary.

when its own dignity or authority every journalist knows it The expres

relation no

to those at Jesupposed to have been attacked, Lore sion bears Mr. Justice Woodward: We *do-"not

when Master of the Rails, pointed bribery and corruption; it is indeed want your advocacy.

put that the Welham:

arbitrary and no less than freedom from executive predecessors thanked me for it.

The annual conference, of the Winery" unlimited, and therefore should be exer- control." Mr. Justice Sproule: I know you have cised by the Judge with the greatest re- the law of the

It is guarded in England by Federation of Great Britain, meeting in dane your best to advocate the position luctance, and this dictumn was expressly series that no judge shall be removed mously affirmed the principle of a six Constitution which pre- the Temperance Hall. Southport, unani- of the Judges. Is it not enough to know

from his office save by resolution of Par- that your words could be looked upon as Loved by Lord Justice Cotton and

Russell of Killowed.

liament.

Our law recognises that the hours' working day for the coal-mining likely to convey an innuendo of corrup

"My Lords. I am afraid I have prethe judges of this Colony are, pot inde entered upon to secure legislation to

judges must be free absolutely. tion i

be immediately Now, industry, and action is Mr. Welham: If I have left, room for skilfully.

sented my case and stated my facts doubt about their real independence I am did leave room for any doubt of the executive, which can remove them after the declaration of peace. There are pendent; are subject to the control come into operation within four weeks extremely sorry. My past record bears in the passage for which I am now call at the age of fifty-five, The Bar felt and proposals to extend the principle of the that out. Ninety-nine persons would ed to account. I am frankly and honestly still feels very strongly over the removal six hours working days to the railway read the article as I intended it to be sorry. All I can do in the circumstances of Judges Thornton and Fisher and has and transport industries. Mr. Robert read, but if there is the hundredth who is to repent my assurance to your Lord-Bever would read it differently I am sorry and ships that I entertain nothing but respect Precedents then set bp.

regarded with equanimity the Smillie, president, was in the chair. tender such apologies as the court way desire, The fact that I was ill when the which exception has been taken ware tion as regards pay and independence for the Court, and that the phrases to We want our judges placed in a posi article was written may account for its never intended to bear any disrespectful that accords with the grand traditions of being loosely worded, as it is all through. meaning, and finally to express regret English judges; and know that Mr. Mr. Justice Woodward intervened on that they should have been considered by Welham has the sympathy of the Bar in

point out that this your

families.

the

F

If

One of your Lordship's contempt to Jussion to cominit for technical term and means no more and

un-

it.

rity calling Aye." Some three or four

The proposal was then put, the majo voices were raised in diasent.

The Chairman: The proposal is car

later date (applause).".

---------

MINERS SIX-HOUR DAY.

+2

Mr. Frank Hodges (South Wales) pro- Act be amended forthwith, so as to pro- posed that the Coal Mines Eight Hours vide that on the appointed day the hours af labour for all persons employed in

several occasions to: hat pattered, Be Lordships susceptible of any auch, Singapore in his recent sad experiences, and about the minos shall in no case bo

LIFE IN GERMANY.

Mr. Welham later stated.

stated that, having | reread the passage to which their Lord- ships took exception and accepting their ruling that it was susceptible of the THE GAME OF MAKE-BELIEVE. meaning they attached to it, he wished

to withdraw it and express regret that it was ever published.

these continual encroachments did contora, said.

He asked their

was not relevant.

more than six houre per day. He said. said, was what the ordinary man would understand

that railwaymen were contemplating a by the article not what the

six hours" day, that dockors had deter- writer intended. He considered Mr.

mined upon a six hours' day, and with Welham's attitude very unfortunate.

Mr. Welham complained that his Lord

the miners acting with them he believed ship was making it diffenit for him to

the three organisations were capable of his case and proceeded:-

ensuring a six hours day for their Light is thrown on conditions in Ger-members. This was the first occasion on Your Lordships, this is no now ques Lordships not to forget his repeated as many in a letter which Mr. and Mrs. which the industrial position was such tion in the Straits It is certainly within surances that he never for a moment Bridger, of Swanscombe, Kent, received that they could bring these three or your knowledge that of recent years there contemplated that audit a construction of in August from their son, Bergt. T. B. N. ganisatione into common action. Could have been numerous instances of encroach what he wrote, was possible, mentioning Bridger, Cheshire Regiment, who is an the coal mining industry bear the strain ment upon the status of the Judges. I this only by way of extenuation. He exchanged prisoner in Holland after of a mix hours working day? He did not regret that my article should have been wished to apologise for any pain or more than three and a half years" of believe it could under private ownership. perhaps, loosely worded, but I have dis annoyance he might inadvertently have hell," as be described it, in Germany. He believed the six hours day would cussed this very question on many occa- caused and for any scandalising of the I can tell you," he writes, that from Snally and private ownership of mines." sions with a former member of the Bench Court to which the article had given my own observation of the internal state The present margin of profits was not and he certainly shared the view, which rise,

havo often expressed in print, that' Mr. Simpson, on behalf of the direc also from the observations of other pris the men an additional war wage of 38. of affaire' in Germany and Austria, and large when they considered that to give stitute an attempt upon the independence Having also discussed the matter duroners who have been in those parts which a day and to maintain the average profits of the Judiciary, while Bir Arthur ing the adjournment, I beg to associate I have not, and with whom I have com of the owners the Government had been Adams has used that very phrase in re the Directors with the full expression of Pared notes, that internally Germany is compelled to raise the price of coal és. ed. ferring to the question in the Legislative regret tendered by Mr Welham and also whacked to the wide-ne we any in the per tan. They would understand how dif Contell.

ditorier press regrets that anything I may Army although she may be able to stick ficult it would be to reduce the working formerly the Bentor hay

haye said before appeared to convey any-it in the field for another twelve months, hours and maintain wages and profits Puise Judge Judge by virtue of his seniority. Buy a Lew years ago special legislation was intention with the actual wording re-gium and Russia, and as I speak, rend; remained as at present, the colliery had till now possibly confused the charge of working parties I have been all the community. If they had a six hours' -enacted conferring upon the Governor the Mr. Justice Sproule, said,

over Germany and a large part of Bel-working day and wages and selling prices power of appointing the Senior Puisnelieved and glad that the matter has taken and write German fluently, I had unique owner passed automatically out of the Jadge himself. This, rightly or wrongly, this turn from the attitude taken up was universally interpreted as directed before the adjournment I express relief opportunities of observing things, and I industry. That brought him to the con against a particularly independant, ment that there has been a frank and free noticed that the morale of the civilian clusion they were as near to a six hours ber of the

apology, and I am prepared to agree with Population is below zero, for they are working day as they were to the Again, as regards the Senior Fuisne my learned brother that sufficient notice short of food indeed, and every nationalisation of the mines and that Judge's quarters and the Judges' leaves, has been taken of the

matter.

thing they use is a substitute-or ersatz, was not very far off. (Cheers.). it is common knowledge that the Exoca Mr. Justice Woodward said that hes they say. It's really wonderful how Mr. S. Roebuck (Yorkshire), who tive has imposed ita wishes upon agreed with the remarks of his learned they manage to live at all, for nothing is seconded, believed that the miners had reluctant Judges, been the matter of the there has colleague and held that the contempt had what it pretends to be. Jam is made sufficient power in themselves and with

Fudges retiring been purged by the apology. age. Formerly a Judge in the Colony oeeded, "When Mr. Simpson was address unobtainable, and for dark needlework working day. They believed this pro- He pro¡ from awedes and turnips, black cotton is out legislation to enforce a six hours' remained on the Bench as long as he felting the Court there were certain state people have to buy white cotton and dip posal was not revolutionary or utopian equal to its duties. A few years ago, ments he made which I think should not it in ink, for they have no dyes or mate- or impracticable; they believed the however, the Government enacted legisla. Have come from a member of the Barrial to make them with. Everything is exigencies of the times had forced thi fixing an age-limit of to but, in He said his remarks might fall, on deaf sued by ration carda only, even to qucation into the area of practical stead of saying that all the Judges must ears and resented the interpretation the cottons, tape, and buttons. A pair of politics, and they were anxious to secure retire automatically at that age, it placed Court put upon the passage in question. common cotton stockings, imued only the six hours' day as soon as possible. in the hands of the Governor the most Mr Welham also adopted the same atti- with card, costs anything from 148. to The resolution was carried unanimons dangerous and unprecedented power of tudo. I think it was a regrettable at 18s per pair. mying whether a Judge who had attained titude under the circumstances but now The people talk of nothing but peace, it should retire or, if he so desired, re their attitude has changed and they have peace, peace Now that they are con main on. Under that law Mr. Justice expressed regret there Thornton was retired in the fulness of more to be said about the matter.

nothing tinually hungry they realise that they are

"For exampleng Senior Puine thing to the contrary, Like Mr. Welham, perhape. As non-commissioned officer in without inflicting a terrible burden upon

>

ly..

Mr. S. Roeback (Yorkshire) proposed that the federation should open up negotiations for the payment of six days wages for five days work.

and usefulness and much wish to record that I still say that the not going to get what they started out ag bis will also Mr. Justice Fiber article die nuut form this way so they lay all the blame Mr. Stephen Waah, Mr-Phe second- agamst who protested almost with his last breath Court, but, as regret has-been expressed on the capitalists, and say This is noted, remarked that they had this proposal and was prepared to take his case before I have nothing more to say and make no a people's war; this is a capitalists war before the Lancashire conference, and the Courts at House, and of whom his order on the rule President We want peace. But they are so ground they were all agreed for a wonder, friends believe that, his premature end The Solicitor-General moved that these down ander the rule of the militarist that" (Laughter.) "L was hastened by the sease of grievance proceedings be entered on the records of they have not the pluck to do more than This resolution was also carried under which he suffered.

the Court, and his Lordship assented. mutter about it.

animously.