The Green Bag Number XXII
December, 191 0
Number 12
Mr. Justice Darling BARRISTER was once conversing with that brilliant head of the bar, Sir Richard Bethell (afterwards Lord Chancellor Westbury), when Bethell remarked that the world was made
up of but two classes, the foolish and the designing. "Where then are you and I to be placed?"
"My dear sir," replied the future Lord Chancellor, with his winning smile, “the simplicity of your inquiry assures me that we should not go into the same
lobby.” In England the Judges of the High Court (as well as many subordinate judges and masters) are nominated by the Lord Chancellor. This is as much a perquisite of his office as the salary he draws.
No one questions his right.
political appointment is made and one of Westbury’s designing (or foolish) persons is nominated, the bar come
to the rescue and teach him his duties. The relations of judge and bar in England are so close that a virtual
partnership
exists
between
them—a
partnership largely for the public good. We have heard a cynic apostrophize
our judicial bench as Bar & Co.——a firm in which the bar are the senior partner. Much depends on the judge. With a strong judge, like Lord Mansfield or Lord Blackburn, the bar play a sec ondary part in the drama of the court,
but with a weak judge the positions are
reversed. It is a healthy tradition of the bar that the judge represents the
in
King while seated on the bench. All in court rise to their feet when the judge enters the court, and again when he
England. "Her Majesty has been pleased to approve the appointment
to the man, but to the principle of the
The power is cloaked in decent con stitutional
language
as
is
usual
of Mr. C. J. Darling, Q.C., to be one of the Judges of the High Court." The steel gauntlet of the Lord Chancellor
is concealed under Her Majesty's velvet glove. There are many currents in public thought and life, which tend to make the system work for the benefit
of litigants. In the first place the Lord Chancellor has not risen to be the foremost man in his profession without learning the lesson of noblesse oblige. Then (as sometimes happens) when a
leaves; this is a mark of respect not subordination of all to the law.
A
disrespectful word to the judge is a
slight to that invisible spirit of justice, which should be enthroned in the hearts both of kings and of their subjects; such thoughts as these have a restrain
ing influence even on a domineering counsel and induce him to treat the presiding judge at least with outward
respect. It can be well understood that with an able bar practising before him, a judge (if not absolutely incom
