Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-12-20

The Ancient Custom Just Abolished In
British Columbia.

British Columbia
From the Torento Mali and Empire
British Columbia Is the only province
which has preserved the old English custom
which obliges judges 20 wear wigs Our
news columns yesterday reported the first
wigless sitting of the British Columbia APP
peal court. This was the result OF an enact
ment abolishing the wig passed at the last
session of the legislature.
The reason for this odd piece of legislation
we do not know. although one need not
seek far for arguments against the prac-
tice. AT the same time, we are surprised
that the judges of province which so keen
~ regards English presidents IN all mat
tiers should tamely submit to, a demand
that they surrender the insignia of their
rank and Office. This, apparently, they
have done. and thus passes away from
Canada venerable usage of the bench.
British Columbia is not, however, without
other customs drawn from the old country,
but not honored in other provinces. In
British Columbia, as in England, the rule
of the road Is keep TO the left and you're
sure to be right" IL we had this custom
here, all traffic going down Yonge street
would be on the east side of the road and
all traffic west bound on King street would
be on the south side of that thoroughfare.
The advantage of this practice lies in the
fact that the driver sits on the right
side of the vehicle he will be better able
to meet and pass other conveyanees. In
railways this rule is almost universal.
Another English custom in British Colum-
bia affects the publication of morning news
papers. Acting an the theory that the real
work for any given issue is done the
previous day, in the Pacific province there
Is no Monday morning paper There IL,
however, one on Sunday, for which the
work is done on Saturday. These traditions
are jealousy preserved. although their
learned friend, the wig, has vanished from
among them.
The iconoclast!c legislators who have laid
sacr.legious hands on the judges headgeaB
need not fiatter themselves that they are
pioneers. A long time ago in England
there were legal nihilists who aimed at &
similar reform, as the following clipping
from the London Times of July "a, 1868,
proves:
During the last two days the learned
judges and the bar have been sitting with
out their wigs, and IN opening a case Sir
Robert Collier called attention to the in
novation. and apologized for not appearing
in full forensic costume. His lordship said
he had set the example of leaving off the
wig in consequence of the unprecedented
heat OF the weather. as he thought there
were limits to human endurance. Sir Rob-
ert Collier expressed the wish that his pre-
cedent might be generally followed. and
hoped that the obsolete institution OF the
wig was coming to an end-a hope in which
many of the profession concur"
But though Sir Robert and Sir J. p.
Wilde made themselves tfNs conspicuous.
they died without seeing ann further signs
of the death of the practice.
Paradoxical as 1t is, the wig dies hard.
because 1t is SO old. Strictly speaking, 1t
came in after the restoration, and has ever
since been worn on the English bench, but
the wearing of judicial cap is Of earlier
origin and dates back as far as English
courts Of justice. 1t Is not the wig itself
which is the judges proper insignia, but
the Golf, which Is probably a survival OF
the time when priests were lawyers. The
Golf is small piece of lace which was
worn by judges before the advent of the
wig. Members of the judiciary desiring to
be fashionable and yet not daring to con-
ceal the sacred Golf, We're driven to the
expedient of having a hole cut through the
top of the wig SO that the Golf might show.
In the lord chief justices wig today may
be seen round space covered by black
silk. This is the mark of the Golf which
has since disappeared. 1t is worth noting
that the only time a Golf could be con-
cealed was when the judge, pronouncing
sentence donned the black cap, and that
the original intention of this solemn cere-
mony was to hide the Golf. not the face OF
the Judge In connection with this custom
1t Is interesting to observe that when an
English judge attends state functions in
his official capacity he is required to carry
with him the black cap.
In the black silk gowns of kings counsel
we have memorial OF the death of
daughter of James IL. The court went into
mourning. and the juniors, not having a
distinctive garb at that time, were quick to
fasten on the black gown. to which they
have chung ever since, though the acute
stage of their loyal grief must have passed
ere this.
In the triangular lapel which hangs from
the back of the juniors gown have a
vestige. of the golden age when lawyers
gave their, services freely. The piece of
cloth originally a pocket in which
clients were wont to surreptitionsly insert
their fees--much against the lawyers will,
we may be sure.
Every frill and furbelow, every form and
ceremony in the court, has its explanation,
and however useless any of them may seem
today, let not forget that there was a
time when 1t served a useful and perhaps
important purpose.