"Most painful! The most painful debate in the House of Lords in 50 years!" croaked 79-year-old Baron Merrivale of Walkhampton, fusty onetime Lord Justice of Appeal, last week.
In the oblong, dimly Gothic House of Lords, a furious drama unrolled between two Empire characters each fit to be popped straight into Gilbert & Sullivan. One was the Lord Chief Justice of England, tiny, rolypoly Baron Hewart. The other was the Lord High Chancellor, tall, severe, ascetic Viscount Sankey. Distinctly Gilbertian. with exactly the right lilt, is Lord Sankey's famed remark: "My first brief fetched two guineas—but afterward, roses, roses all the way!" Not since Sullivan set tunes to Trial by Jury has Justice provided a more diverting tale than that told on himself by Lord Sankey: ''When I became Lord High Chancellor and went to the office of my new post, I found a letter there stating that I must resign as a judge of the King's Bench and send my resignation to the Lord High Chancellor. So I posted a letter to myself, resigning from King's Bench, replied with a letter thanking myself for the services I had rendered the State as a Lord Justice, and answered that with a letter wishing myself many happy years as Lord High Chancellor."
As for the Lord Chief Justice of England, rolypoly Baron Hewart has a viciously humorous temper, flies into apoplectic rages at any rumor that he may resign: "I'll never resign! I'll never retire!! Never, never as long as I live!!!"
Abruptly last week into the House of Lords waddled the Lord Chief Justice with fury on his tongue for the Lord High Chancellor. "I have not been Lord Chief Justice for almost 13 years with my eyes closed!" burst out Baron Hewart before the astounded and, as usual, nearly empty House of Lords. "I see what is going on and I read what is going on!"
Going on was an attempt by Lord High Chancellor Sankey to ease through Parliament a seemingly innocuous bill creating two new Lord Justices and empowering Viscount Sankey to name the presidents of the two Appeals Courts. Stormed Baron Hewart: '"Such an office is unknown to the Constitution and the law! If the odious features of the bill before this House are not removed, I will adjourn my court every afternoon and come here to fight them—not clause by clause but line by line and word by word!" In effect the Lord Chief Justice thus threatened to go on strike. The implications of such a strike were incalculable, for Baron Hewart is the permanent, non-political No. 1 justice of the English bench, whereas Viscount Sankey. although ranking higher as Lord High Chancellor, is subject to removal with every change of Cabinet. Last week the long, lean Viscount sat toying with a rolled up copy of the bill and faintly smiling, while the short, fat Baron accused him broadly of a maneuver to rig the judiciary and more precisely of specific machinations to obstruct the seniority rights of Lord Justice Slesser ("Slosher"), a rabid Socialist.