The daily morning journal and courier., 1906-03-24
WEARING COURT WIGS.

fish custom which obliges judges to wear wigs. Our news columns yes- terday reported the first wigless sitting of the British Columbia appeal court. This was the result of an enactment abolishing the wig passed at the last session of the Legislature.
 The reason for this odd piece of leg islation we do not know, although one need not seek far for arguments against the practise. At the same time, we are surprised that the judges of pro- vince which so keenly regards Eng fish precedents in all matters 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 a 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" If 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 practise lies in the fact that as the driver sits on the right side of the vehicle he will be better able to meet and pass other conveyances. In rail- ways this rule is almost universal.
 Another English custom in British Columbia affects the publication of newspapers Acting on the theory that the real work for any ssue s done on the prevous day, n the Pacific pro- vnce, there no Monday mornng paper. There s, however, one on Sunday, for winch the work is done Saturday. These traditions are jealously preserved, all though their learned friend, the wig, has vanished from among them.
 The iconoclastic legislators yho have laid sacrilegious hands on the judges headgear need not aatter themselves that they are pioneers. long time ago in England there were legal nihil- ists who aimed at a similar reform, as the following clipping from the London Times of July "A, 1868, proves
 During the last two years the learn ed judges and the bar have been sitting without their wigs, and in opening a case Sir Robert Collier called attention to the innovation, and apoligized for not appearing in full forensic costume. His lordship said he had set the ex- ample of leaving off the wig in con- sequence of the unprecedented heat of the weather, as he thought there were limits to human endurance Sir Robert Collier expressed the wish that his precedent might be generally fol- lowed, and hoped that the obsolete in- stitution of the wig was coming to an end-a hope in which many of the pro- fession concur"
 But though Sir Robert and Sir J. F. Wilde made themselves thus conspicu- ous, they died without seeing any further signs of the death of the prac- tise.
 Paradoxical as it is, the wig dies hard because it is so old. Strictly -speaking, it came in after the restora- ton. 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 It is not the wig itself which is the judges proper insignia, but the colf, which is probably survival of the time when priests were lawyers. The colf is small piece of lace which which was worn by the judges before the advent of the wig. Members of the judiciary desiring to be fashionable and vet not daring to conceal the sacred colf, were driven to the expedient of have hole cut through the top of the wig so that the colf might show.
 Tn the lord chief justices wig to-day may be seen a round space covered by black silk. This is the mark of the coli which has since disappeared. It is worth noting that the only time coli could be concealed was when the judge pronouncing sentence, donned the black cap, and that the original inten- tion of this solemn ceremony was to hide the coli, not the face of the judge. In connection with this custom, it 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 a memorial of the death of daughter, of James H. The court went into mourning and the Juniors, not having distinctive garb at that time, were quick to fasten on the black gown, to which they have chung ever since, thought 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 we have a vestige of the golden age when lawyers gave their services freely. The piece of cloth was originally pocket in which clients were wont to surrep- titiously insert their fees-much against the lawyers will, we may be sure.
 Every frill and furbelow, every form and ceremony in the court, has it's ex- planation and however useless any of them may seem to-day, let us not for get that there was a time when it serv- ed useful and perhaps important pur- pose.-Toronto Mail and Empire.
 MILITARY PRISONERS POKER. Game Played by the Union Prisoners