The Gazette 1912-13

DUNE, 1912

The Gazette of the Incorporated Law Society of Ireland.

MR. JAMES BRADY, continuing, said an attempt was being made to shelve, cast aside and flout the resolution of the Society. He thought they had stood that kind of thing too long, and that it was time the thing was either ended or mended. In these democratic days it seemed strange indeed that those representing the Government of the country were to vest in the Judges the making of the laws and the administration of them as well. While saying this he should add that no one had more respect for the Judges than he had. He was sure the public would be rather surprised when they read the correspondence that had passed on the subject. When they made the request for the appointment of a Commission at which everybody concerned would be heard, those who governed the country answered, " We will leave the matter in the hands of the Judges to make and administer the law, and we will take months to answer an ordinary business letter on the subject." The public complained about the laws' delays, and they who existed by the public should assist them in having the present County Court pro– cedure brought up to date. He did not think the Solicitors' profession ought to be satisfied with the communications which they had received on this subject. Mr. Craig and others who, like himself, had a great deal of experience of County Court procedure knew that the complaints made by the public were true in substance and in fact, and he desired to let the public and the entire mercantile community know that the members of the Solicitors' profession were anxious to assist them out of the difficulty. He asked those who had voted in favour of having a Com– mission appointed not to go back on the position they had taken up or allow them– selves to be tossed about by every wind that blew. He asked them to pass the resolution that had been proposed by Mr. Craig and seconded by himself. MR. MACNAMARA said that the Council could not see eye-to-eye with Mr. Brady in the matter. The Council were in favour of the amendment of the existing County Court procedure. The matter had been before them during the twelve months of his presidency, with the result that Mr. Brady, M.P., had brought in a Bill dealing with it, and had done so not merely as a Member of Parliament,

not the report of the County Court Judges be made in a week or ten days ? Was it reasonable or business-like that matters should be left in this position ? He proposed to amend his motion so as to make it read : That in the opinion of this meeting, having regard to the unanimous and urgent demand both from the mercantile public and the legal profession, the action of the Government in refusing to appoint a Commission to consider the admitted defects in County Court procedure is un– reasonable and unbusinesslike ; that the further delay caused by reference to the County Court Judges is not in the best interests of the commercial community, who are the parties directly and pre– judicially affected by the delays and defects under the existing procedure ; that the Chambers of Commerce of Dublin, Belfast and Cork be requested to call a public meeting to demand the immediate appointment of a Viceregal Commission, at which the opinion not only of the County Court Judges, but also that of the general public, the wholesale and retail traders, and both branches of the legal profession could be obtained in a public and definite form, and any suggested amendments be subject to public consideration and discussed openly. They had been at this matter now for sixteen years, and unless they made a little progress at the end of another sixteen years they would be exactly in the same position (hear, hear). MR. JAMES BRADY seconded the motion, and said he was surprised that notwithstanding the unanimous request of the representatives of the Solicitors' pro– fession, backed up by the unanimous request of the mercantile community, the Chief Secretary should have considered it the way to meet a business proposition of that kind to communicate with a Member of Parliament for one of the divisions of Dublin what his views were, instead of asking some of those in his department to send a reply to the Secretary. THE PRESIDENT. Mr. Brady was asked to communicate with the Chief Secretary on behalf of the Incorporated Law Society, and he did so.