Monday, Jan. 07, 1935
Lord High Honeymoon
Eyebrows upped last week at the tubby little Lord Chief Justice of England. Fresh from his recent public spat with the Lord High Chancellor (TIME, Dec. 24), Baron Hewart popped off to Totteridge, his home village in Hertfordshire. There the 65-year-old Lord Chief Justice of England abruptly married a buxom New Zealander three inches taller and 37 years younger than himself. His bride was Miss Jean Stewart, supervisor of a school for boys at Elstree, "England's Hollywood."
The former Lady Hewart dropped dead 14 months ago at a reception given by London's Lord Mayor (TIME, Nov. 13, 1933). With his new lady, the Lord Chief Justice sped to Brighton, announced that he will complete his second honeymoon on the French Riviera.
Among the latest cases before Lord Hewart was a freak suit brought just before Christmas by whimsical Playwright Alan Patrick Herbert. That eminent contributor to Punch contended that the House of Commons persistently violates its own Licensing Act by serving alcoholic beverages in its own restaurant without a license. With everyone in holiday spirits, the Lord Chief Justice settled himself on King's Bench and addressed the Attorney General, Sir Thomas Inskip: "I see from the list what the nature of this case is and would like to point out that I am still, through no fault of my own, connected with the Houses of Parliament. Am I free to adjudicate in this case?"
Sir T.: Perhaps I may answer by saying that the application might have been made against the Kitchen Committee--if there is one--of that august tribunal to which your Lordship belongs--the House of Lords. (Laughter.)
Lord H.: I have reason to believe that there is one. (Renewed laughter.)
After further august badinage, the Lord Chief Justice of England delivered his awful judgment:
"Now the activity of the House of Commons, if I may adapt and adopt an ancient phrase, 'is the activity of the soul and the way of virtue or not without virtue, and that, too, in a full sense.' I think the decision of Lord Denman, then Lord Chief Justice, in a case many years ago, is sufficient for the present purpose. Lord Denman said:
" 'The Commons of England are not invested with more of power and dignity by their legislative character than by that which they bear as the grand inquest of the nation.
" 'All the privileges that can be required for the energetic discharge of the duties inherent in that high trust are conceded without a murmur and without a doubt.'
"It appears to me," concluded Lord Hewart, "that the bulk of the provisions of the Licensing Acts are quite inapplicable to the House of Commons, of which most of us have some knowledge. I am clearly of the opinion that this rule nisi ought to be discharged."
At this vindication, the victorious House of Commons Kitchen Committee, who had been defending the suit, demanded that Playwright Herbert be made to pay the costs of his whimsey.
"Do you really ask for costs in this case?'' incredulously cried the Lord Chief Justice. "We have had, and I expect you too have had, a rare and refreshing diversion from the ordinary routine of this court. There ought to be no costs."
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