his appointment, or which he resigned for the purpose of accepting appointment as such chief commissioner, has been increased, the annuity to be granted to him under this Act may be increased in the same proportion.
By sections 2 and 3, provision is made that the chief commissioner, being a judge of the Superior Court at the time of his appointment as chief commissioner shall be entitled to the allowance that he would have been entitled to if he had continued in office. These are very considerable advantages, and the section, in this respect, probably goes as far as the circumstances of the country will justify. It has been determined by parliament, that, if a judge holds his office for fifteen years, and, at the end of that time retires from his position through permanent affliction, he shall be entitled to two-thirds of the salary he would be entitled to as judge. And the same Act which so provides contains a further proposition that when a judge attains the age of 75 years and has been for twenty years on the bench, or attains the age of seventy years and has been for twenty-five years in office; or when, regardless of age, he has been a judge for thirty years, he shall be entitled to retire upon an allowance equal to his full salary. Judge Killam, having been appointed from the bench to the chief com-missionership, is entitled to all these advantages, just as if he had continued to be a judge. The Act will apply in every case where we appoint a judge of a Superior Court to the position of high commissioner. Judge Killam has been upon the bench for twenty years and is now fifty-five years of age. He is now appointed to the chief com-missionership. If he continues in that position for ten years, he will, under subsection (e) of section 3 of this Bill, be entitled to full retiring allowance as a judge, and, in the meantime, he will have the advantages that accrue from his new position, as an extra, amounting, in ten years to $30,000. Then, under section 2, he is immediately entitled, if he retires from his position, to a retiring allowance of two-thirds of his salary. The proposition is that, if we change the status of retiring allowances of the judges, the gentleman now appointed, or any who may hereafter be appointed from the bench to the chief commissionership, will be entitled not only to all the benefits that accrue from the office of chief commissionership, but shall be entitled also to all the advantages accruing to those who continue to labour on the bench. I cannot see the justice of that position. It can work a very great injustice in many instances. Why, if we should increase the salaries of the judges to $15,000, the gentleman who takes the position of chief commissioner to-day can resign to-morrow, having been twenty years upon the bench,-he could do so even if he had been there but fifteen years-and can have an allowance of $10,000 a year, which is as great as the present salary of his office.