London Legal Letter.
595
LONDON LEGAL LETTER. NOVEMBER i, 1901. THE beginning of the legal year, which Master of the Rolls. He was not a profound dates from the opening of the Court in lawyer, but he was a strong judge. He had the last week in October, and which is always a remarkable aptitude for getting at the facts ushered in with stately and impressive cere of a case and a wonderful, shrewd common monies, has this year been marked by an sense. He never failed to do justice, and unusual number of changes in the judiciary. hardly ever failed to judge righteously. He The personnel of the retiring judges and of was elevated to the nisi prius bench years the ones who have been elevated to the bench ago, after having served as an "Attorneyin their stead, can hardly be of concern to General's devil," that is, an unofficial assist American lawyers; but the system which ant to that important law officer. He had governs the appointment of judges in Eng had very little practice as an advocate, and land cannot fail to interest members of the was a diffident and hesitating speaker, never legal profession all over the world. It illus using words unless when necessary. It is trates most strikingly how it comes about remembered of the famous Parnell trial, in that "English judges have for centuries been which three judges sat day after day for among the best educated and trained of their weeks, that of the two associate judges Sir generation7'—a dictum which appears to be John Day opened his mouth once, and Sir thoroughly appreciated in the United States. A. L. Smith not at all. When he came to the The first change to occur was in the Appeal Court his common sense and his Mastership of the Rolls. It is probably quick appreciation of facts supplied what known that the appellate court in England, deficiency he might have experienced in the to which appeal lies from the nisi prius courts, technicalities of the law. But he had great is the Appeal Court. It consists of six industry and soon his judgment exhibited judges, with the Master of the Rolls at their the work of unusual legal learning. Toward head, and sits in two divisions, one for hear the close of his career there was no one on ing appeals from the common law courts, the the bench who was more highly regarded by other for hearing appeals from the chancery the profession, and no one who could more side of the courts. If by reason of illness or quickly despatch the business. He never otherwise the six judges are not able to make tolerated speechmaking in his court. If up the two courts there are special judges, counsel had a point which it was necessary qualified by statute, to assist. These are the to elaborate at length, he was the embodi Lord Chancellor, or an ex-Lord Chancellor, ment of patience and courtesy throughout the Lord Chief Justice and the President of the argument. But if he saw there was no the Probate, Divorce and Admiralty division. case he had no hesitation in saying so, and in Hardly more than two years ago the then insisting upon stopping the flow of useless Master of the Rolls, Sir Richard Webster, talk. During the long vacation he went to was appointed Lord Chief Justice. To fill Scotland for rest, accompanied by Lady the vacancy thus created Lord Justice Smith, who for years had been in ill-health. Lindley. better known perhaps to Americans While watching in her sick-room at night as the author of "Lindley on Partnership. the Master of the Rolls fell into a doze, was made Master of the Rolls. In a short during which his wife escaped from the room, time he was promoted to the House of Lords, and the next morning her body was found in and Lord Justice A. L. Smith was made a neighboring stream. The shock was so
