office I should like to assure him (or shall I say warn him) that we are all looking forward with the keenest anticipation to the first results of the Commission’s deliberations.
THE CASE FOR THE JUDICIARY
Let me therefore in the light of the failure to make the Bench, the dominant attraction to the legal profession and in the best interests of the future administration of justice in our country, restate the case for the judiciary in the graphic and prophetic language of Sir Albert Napier and support it with the immortal eloquence of Sir Winston Churchill whom I quoted last year in vindication of another point I made then: Sir Albert Napier had this to say:
“The service which a Judge renders requires the highest qualities of learning, training and character. He has to exercise powers which in England, would be shared between the three divisions of the High Court,… A judge lives a more restricted life than other people. Additional sources of income which are open to many men in salaried occupations
are denied to a Judge. He cannot hold directorships in companies, cannot engage in trade or write for the press. He must be circumspect
the friends which should find his
he makes and the hospitality impartiality subconsciously
which he receives lest
he in he a
Much is required of him and offered is still inadequate for
with the the post.
present cost of living It is also insufficient
And Sir Winston Churchill spoke in this wise to his fellow parliamentarians:
“The service rendered by a Judge, demands the highest qualities of learning, training and character. These qualities are not to be measured in terms of pounds, shillings and pence according to the quantity of work done. A form of life and conduct far more severe and restricted than that of ordinary people, is required from judges and, though unwritten, has been most strictly observed. They are at once privileged and restricted. They have to present a continuous aspect of dignity and conduct… The Bench must be the dominant attraction to the legal profession, yet it rather hangs in the balance now, and heavily will our society pay, if it cannot command the finest characters and the best legal brains which we can produce; and heavily will our country pay… if we do not sustain those institutions for which we are renowned.”