Page:The Green Bag (1889–1914), Volume 22.pdf/701

 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