The Strand Magazine, Vol. 01, No. 04 (April 1891)Various
General
The Strand Magazine, Vol. 01, No. 04 (April 1891)
Various
English literature -- Periodicals; Short stories, English -- Periodicals
A vivid public interest has of late been aroused in regard to the
administration of justice in this country. The wholesome feeling of
reverence that formerly attached to our judges seems now to be on the
wane, and in private circles, especially among the legal profession,
the conduct of the judicature has been severely commented upon, while
the Press has occasionally ventured to darkly hint that the retirement
of one of our most eminent judges is desirable in the public interest.
On all sides it is agreed that his infirmities unfit him for the
efficient discharge of his duties, his judgments show the melancholy
decline of a once brilliant intellect, and the continued occupation
of his seat upon the bench is a source of danger to the public. And
yet such is the state of our legal machinery that his retirement is
practically in his own hands. Only by an address of both Houses of
Parliament to the Crown can his removal be brought about--an odious
and invidious task, which the legislature naturally delays as long as
possible, and will only undertake as an extreme measure. Although of
recent years there has been a marked improvement in the _personnel_
of our judges, so far as bodily vigour is concerned, there are still
on the bench aged and infirm men who would have retired but for the
necessity of completing the statutory period of fifteen years, at the
expiration of which only can their pensions be earned. It is pitiable
to see these old public servants, who once ranked among the most
brilliant men of their day, attempting to discharge their duties with
an obvious effort and at great physical fatigue.
More than enough instances have recently arisen of judges being
incapacitated by deafness and other infirmities, and refusing to
retire. But public opinion has hitherto been very tolerant, and these
distinguished men have been permitted in their declining years to
exercise functions demanding the highest mental activity without
exciting adverse comment. That there are defects in our judicial
system, not the least of which is the absence of any controlling power
over our judges, becomes more and more apparent, and it will be useful,
therefore, to bring some of those which are most notorious in the legal
profession under the notice of the public.
The judicial system in this country is the most expensive in the
world. Our judges, it is true, are men of the highest integrity, and
the confidence of the public in their incorruptibility is absolute.
In this respect, no doubt, we compare favourably with many foreign
nations. But the public have a right to look for something more than a
strictly honourable bench, and it is desirable to inquire what we get
in return for the enormous annual outlay on our judicature. For the
sake of convenience let us begin with the higher tribunals. It will be
interesting, in the first place, to study the following table, which
shows the numerical strength of Her Majesty's judges, together with the
salaries they receive:--
Public-domain text, read in full here on John Shaqi.
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