Monday 28 October 2013

Press Obituaries following the death of Lord Justice William Rann Kennedy

William Rann Kennedy was a man of many parts.  When he died in 1915 he received the following tributes in the British Press.

LORD JUSTICE KENNEDY
SUDDEN DEATH IN LONDON
A SCHOLARLY JUDGE

We regret to announce that Lord Justice Kennedy died yesterday at his house in Philimore Gardens from an attack of angina pectoris.  The news of his death will be a shock to his friends, especially to those who saw him apparently in full vigour of mind and body in the Court of Appeal on Saturday.  He had then complained of no symptoms of illness, and it was only at 10 O'Clock yesterday morning that he was seized with pain and died within a few minutes.  During the Christmas Vacation he had taken a large part in the preparation of the materials for the judgement of the full Court of Appeal on cases arising out of the war, which is to be delivered by the Lord Chief Justice tomorrow, and he was present at the recent meeting of the Judges of that Court which was held to consider the terms of the judgement.

Lord Justice Kennedy was a careful and conscientious Judge-somewhat slow and laboured both in the formation and expression of his opinion, but usually sound in his method of reaching conclusions, and accurate in the result.  He came of a family of almost unparralleled distinction in classical learning. The eldest son of the Rev. William James Kennedy, vicar of Barnwood, he was born in 1846.  Three of his uncles had been senior classics; Benjamin Hall Kennedy, the great Headmaster of Shrewsbury and Professor of Greek at Cambridge, who headed the Tripos in 1827; Charles Rann, a barrister whose career was somewhat unfortunate, and translator of Demosthenes, whose year was 1831; and George John, who came three years later.
All three were Porson medallists, and the late Judge's father won a like distinction, though his name does not appear in the Tripos.  These were all sons of Rann Kennedy, a distinguished schoolmaster and a fine scholar.  The future Lord Justice went to Eton and not to Shrewsbury, where his uncle reigned until 1866.  From Eton he won a foundation scholarship at King's.  After winning the Craven and Bell scholarships and the Powis medal, he was Senior Classic in 1868-the fourth of the family.  Soon afterwards he was elected to a Fellowship at Pembroke, of which in later years he was made an Honorary Fellow.  In 1870-71 he was Mr. Goschen's private secretary at the old Poor Law Board, and was called to the Bar by Lincoln's Inn in 1871.  Joining the Northern Circuit, of which Herschel, Russell and Gully, afterwards Lord Selby, were soon to become leaders, he settled as a local practitioner at Liverpool and acquired a substantial business as a junior, especially in mercantile and shipping cases.

He took silk in 1885, but his practice was still mainly in Liverpool and on circuit.  In 1891 he published a book on the Law of Civil Salvage.  A second edition appeared in 1907, and this is still a book of recognised authority on the subject.  In the meantime he showed himself an active Liberal politician.  Standing for Birkenhead, which had to that time been considered a fairly safe Conservative seat, he was defeated in 1885 by General Sir Edward Hamley, whose majority was considrably over 1,000.  In a second contest in the following year the relative positions of the two candidates were virtually unchanged.  At St Helens, however, in 1892, he came within 60 votes of his Conservative opponent, the late Sir Henry Seton-Kerr.

As a Queens Counsel Kennedy never rose to the first rank, and his reputation was local for the most part.  But he made occasional appearances in the two final tribunals.  In Cooke v. Eshelby, in the House of Lords in 1887, he was the leading counsel for unsuccessful appellants on a question of agency-the extent to which a principal is bound by or can take advantage of the proceedings of a broker.  His general reputation as a commercial lawyer is better shown  in the Privy Council, before which he was seen now and then, as in the collision appeal of the Arratoon Apear, and in the Shaw Savill and Albion Co. v. Timaru Harbour Board, where he appeared with the present Lord Alverstone for the partially successful appellants in a case involving the powers and responsibilities of a New Zealand harbour authority.

ON THE BENCH

On the resignation in the Long Vacation of 1892 of George Denman, Kennedy was appointed at the end of OCtober a Judge of the Queens Bench Division.  He was the only Judge of the High Court nominated by Lord Herschell during his second Chancellorship.  The choice, though fully justifiable from a strictly professional point of view, was somewhat of a surprise, as there were one or two men, Liberals in politics, and even members of the Northern, Herschell's old, Circuit, who were thought to have greater claims.  But no Chancellor can afford altogether to disregard party claims, and Kennedy had fought three elections.  The further consideration that the new Judge, Senior Classic, probably never occured to the mind of Herschell, who did not belong to either of the ancient universities.  Kennedy was somewhat slow, but was always most anxious to get at all the facts and every point of law which might directly or indirectly affect the decision. In this respect he acted as a serviceable counterpoise to colleagues who like the late R. S. Wright, wre apt to jump to conclusions or to form them by their own mental processes and without sufficient attention to the arguments of counsel.

Notwithstanding his brilliant university career, Kennedy did not give the impression of a clever man.  Nor did he feel called upon to enter into a competition of wit with the advocate who was promoting his case.  He attempted no bon mots or flights of rhetoric or style.  Indeed, of literary quality there is hardly a trace in his judgements.  His strength lay in mercantile law, and he was a a frequent member, whether sitting alone or with a colleague of the so-called "Commercial Court".  His decisions were rarely reversed on appeal and scarcely ever reached the House of Lords.

The case of Risdon Iron and Locomotive Works v. Furness raised a question of the conflict of law between this country and the State of California. The plaintiffs were a foreign corporation in that state, by the laws of which every shareholder of a company, whether incorporated in the state or elsewhere, is made personally liable for the debts of the company in proportion to his interest in the comapny's capital.  Sir Christopher, after Lord, Furness was the holder of fully paid up shares in The Copper King (Limited), an English company which had dealings with and became a debtor of the American company.  The latter, after proceedings in San Francisco, sued Sir C. Furness in this  country for the proportion of the debt represented by his share of the capital.  The learned Judge held that he was not so liable, and the decision was affirmed by the Court of Appeal.

It fell to Kennedy's lot to try the action out of which the great trade union appeal of Allen v. Flood arose and was twice argued in the House of Lords.  The Judge held that there was no evidence of conspiracy, intimidation, or coercion on the part of Allen, who was a delegate of the trade unions ; and that there was no breach of contract procured by Allen, as Flood and Taylor, the respondents in the Lords, were engaged by the day only and might be discharged at any time.  But he left questions to the jury, who found that Allen had maliciously induced the employers to discharge the two workmen and not to re-engage them, and for thisdamages of £20 each were awarded to the two men. The learned Judge was thus partly wrong and partly right.  He was correct as to the absence of conspiracy or coercion; but the majority of the Lords held that Allen had violated no legal right of the respondents, and that his actions were not actionable, however improper his motives may have been.

THE KENNEDY JUDGEMENT
The most notable achievement, however, of the late Lord Justice was what was called during the debates of on the Licensing Bill the "Kennedy Judgement". That decision was in particular assailed by Mr. Asquith, not, it would seem, on the ground of bad law, but of its supposed unrighteousness.  At all events, no appeal was taken from the decision.  The question was the amount of compensation payable to Ashby's Cobham Brewery Company and Ashby's Staines Brewery Company under the Licensing Act, 1904, for the extinction of the licenses of two tied houses-The Crown, Cobham, and The Hand And Spear, Woking.  The compensation fixed by the Act is, in the absence of agreement, to be based on the price which the licensed premises "would fetch if sold in the open market".  The decision was that, as among the possible purchasers in the open market would be brewers, and as the price which they would be willing to pay would depend on the profit which they might fairly expect to make by the supply of liquor to the premises, it was material to inquire into the quality and quantity of the trade done by the house under normal conditions, and apart from any considerations of a personal or special character, such as the popularity of the license holder or the proximity of the licensed premises to the brewery.  The tenant's profit, however, was not to be taken into the calculation in addition to the brewer's profit. In the result the Court awarded substantially less than was claimed by the brewers, but a multiple of what had been allowed by the Commissioners of Inland Revenue.

On the promotion, of the late Lord Collins to the House of Lords and of Lord Cozens-Hardy to the Mastership of The Rolls, in March 1907, Mr Justice Kennedy was appointed Lord Justice.

The late Lord Justice took an active part both in the old Bar Committee, of which he was a member from 1883 to 1892, and in conferences and congresses abroad.  Of these perhaps the most noticeable was that at St Louis on the law of shipping, especially in its international aspect, and on the establishment in relation to collisions and the safety of the sea of a code which should be recognised by all civilised nations.  He was president of the International Law Association.  His death is a serious loss at the present moment.  His knowledge of international law was recently of great value upon questions which arose out of the war.  He was a great advocate of a peace tribunal which should not  be merely a board of arbitration, but a Court of Justice among the nations.  By the establishment of such a Court he believed that ultimately there would evolve a system of international law which would receive unanimous recognition throughout the civilised world.

Lord Justice Kennedy married in 1874, Cecilia Sarah, daughter of the late Mr. George Richmond, RA.  She survives him, with a daughter and three sons-Mr. Alfred Kennedy, barrister-at-law; Captain Julius Kennedy R.F.A; and the Rev. Horace Kennedy, vicar of Ditton Priors, Bridgnorth.  The eldest son, Mr. John Kennedy, died last year.

DEATH OF LORD JUSTICE KENNEDY

The Press Association regrets to announce the death of Lord Justice Kennedy, which took place at his residence in Kensington yesterday.

Mr Justice Bailhache, at the Commercial Court today said that Lord Justice Kennedy was a most painstaking judge and a very learned lawyer.  He was a true friend, and those of them who had known him long deeply regretted his death.

Lord Justice Kennedy, whose sudden death in London yesterday is announced, was one of the most erudite of our judges.  Little more than two years ago, he published a translation of the "Plutus" of Aristophanes into English verse; and when the Titanic went down he wrote a tribute in Latin verse to the memory of the engineers who died at their posts.  At Cambridge, he was the fourth member of his family to hold the distinction of being senior classic.

With his 23 years on the Bench, he was the "father" of the High Court, succeeding to that position on the retirement of Sir Roland Vaughan Williams, who was his senior by two years. He married in 1874 a sister of Sir W. B. Richmond RA.  Their eldest son died nearly a year ago at a sanatorium in Silver City, New Mexico.  Three other sons and a daughter remain.

An amusing piece of doggerel was written by another judge when Kennedy obtained his judgeship.  He was the only judge appointed by Lord Herschell, and the anonymous bard celebrated the occasion in lines appropriate to the music of "The Man Who Broke The Bank At Monte Carlo"-

When he takes his seat in banco with a very pompous air
The juniors declare
"How did he get there?"
And the leaders frown and sigh, as they wink the other eye,
At the man who got the judgeship out of Herschell.


Lord Justice Kennedy died suddenly yesterday at his house in Philimore Gardens, Kensington. His lordship was, apparently, in the best of health on Saturday and sat in the Court of Appeal.  He was taken ill at 10 O'Clock yesterday morning and died within a few minutes from an attack of angina pectoris.

The Right Hon. Sir William Rann Kennedy was born in 1846, the son of the Rev W. J. Kennedy, vicar of Barnwood.  An uncle of his was the famous Greek scholar, Benjamin Hall Kennedy, headmaster of Shrewsbury School.

The future judge was educated at Eton and King's College, Cambridge.  He was Senior Classic in 1865.  Private secretary to Mr. Goschen at the Poor Law Board in 1870-1, he was called to the Bar in 1871, and soon acquired a large practice in mrcantile and shipping cases.  Aiming at Parliament, he contested Birkenhead as a Liberal in 1885 and 1886, being defeated on each occasion.  In 1892 he was defeated at St Helens and did not again attempt to enter the House of Commons.

Appointed QC in 1885, he bacame a judge of the Queens Bench Division in 1892, and Lord Justice in 1907.

TRIBUTES IN COURT

When Appeal Court I assembled today, in addition to the Master of the Rolls and Lords Justices Swinfen Eady and Phillimore (the sitting members of the court) Lords Justices Buckley and Pickford came into court, all their lordships and the members of the Bar standing.

The Master of The Rolls, addressing Mr. McCall KC, the senior member of the Bar present, said: The sudden and unexpected death of Lord Justice Kennedy cannot permit us to commence the business of this court in silence. This is not the proper occasion for a formal tribute to his judicial merits.  Such an occasion will arise tomorrow, when the full Court of Appeal will meet in the Lord Chief Justice's Court.  For more than twenty-two years Lord Justice Kennedy served his country, first as a judge of the King's Bench Division, and since 1907 in this court. Today in this court, we think rather of Kennedy the man.  His bright and lovable nature endeared him to everyone who came across him at the Bar or on the Bench.  He was a charming colleague.  We are the poorer by his death. His memory will remain long with us.

IN THE KING'S BENCH
Mr Justice Bailhache, who was accompanied by Mr Justice Bray, in the King's Bench Division today, said the Court would have heard with deep regret of the sudden death of Lord Justice Kennedy.  He was always a most painstaking judge, and a very learned lawyer.  He was a true friend, and those of them who had known him long, deeply regretted his death.

Mr Duke, KC, on behalf of the Bar, speaking with deep emotion, said that of the distinction of the judge, as a lawyer and a judge, it would not be becoming for him to speak, but on behalf of the Bar he would like to express the affection and deep admiration which was felt for the late judge throughout the legal profession.  Every one of them shared in what his lordship had said was a loss to the profession and English life.

By the death of Lord Justice Kennedy the Bench loses a subtle personality.  He was perhaps a greater scholar than judge, though he was a good judge; and his scholarship was but an attribute of a strong character.  He was distinctly an interesting figure of the Bench which cannot be said of all judges, even when their law is profound.

Lord Justice Kennedy's scholarship was true culture-we hate the word just now, but there is no other.  His reading had formed his mind, and was traceable in its quality.  It did not inspire with a desire to exhibit his cleverness, but made him detest the shallow tricks of the rhetorician and epigrammatist.

In the earlier days of his judicial career it used to be amusing to watch Lord Justice Kennedy in an Assize Court.  To hear him appeal for silence in court was an experience not easily forgotten.

Westminster Gazette January 18th

HERE THERE AND EVERYWHERE
Lord Justice Kennedy
The sudden death of Lord Justice Kennedy will be heard of by many with the deepest regret.  He belonged to a famous family of scholars, which Mr Francis Galton has treated as a conspicuous illustration of his theory of hereditary genius.  Kennedy was Senior Classic, Cambridge, in 1868.  Before he began his career at the Bar-he was called in 1871- he acted as private secretary to the late Lord Goschen when that statesman was president of the old Poor Law Board.  His chief forensic triumphs were won at Liverpool, where, soon after joing the Bar, he practised as a "local", and where he acquired his great knowledge of mercantile law.  He contested Birkenhead in 1885 and 1886 and St Helens in 1892. Lord Justice Kennedy, in addition to being one of the best linguists on the Bench, was one of the keenest devotees of Art.  Lady Kennedy is a daughter of Mr George Richmond, RA.

AN EMBARRASSING INCIDENT

The late Lord Justice was confronted with a very embarrassing incident whilst travelling his first circuit in 1892.  Almost the first case the newly ppointed judge had to try was a murder case.  During the luncheon interval one of the jurymen separated from his fellows to write and despatch a letter.  No such incident had before occurred during a murder trial.  Lord Justice Kennedy, uncertain as to the best course to pursue, hastened to London to consult the late Lord Coleridge, who then occupied the office of Lord Chief Justice.  The result of the consultation was that Kennedy fined the offending juryman £50, and ordered the case be retried before another jury.  This incident caused certain persons to regard Kennedy as a judge somewhat wanting in self-reliance.  As a matter of fact, the very opposite was the case.

THE STANDARD
January 19th
SIR W. R. KENNEDY
SUDDEN DEATH OF JUDGE OF APPEAL
DISTINGUISHED CAREER

Sir William Rann Kennedy the well-known judge of the Appeal Court, died suddenly on Sunday morning,from angina pectoris, at his residence in Phillimore Gardens, Kensington. He was 69.  The son of the Rev. W.J. Kennedy, vicar of Barnwood, he was educated at Eton and King's College Cambridge, and was caled to the Bar (Lincoln's Inn) in 1871.  He was Bell and Craven Scholar, and won the Brown and Powis medals, and was also Senior Classic.  He became Fellow, and afterwards Hon. Fellow of Pembroke College, and later had the honorary degree of L.L.D. conferred on him by Liverpool University.  He became Queen's Counsel in 1885 and was raised to the Bench in 1892. He was made a Lord of Appeal in 1907.

In politics he was a Liberal, but his three attempts to enter Parliament, twice at Birkenhead (1885 and 1886) and once at St. Helens (1892) were unsuccessful.  He was an exceptionally sound lawyer and an advocate of remarkable ability.  His practice when at the Bar was largely in mercantile and shipping cases, and in Liverpool, with which he was closely connected, his reputation was exceedingly high.  He married a daughter of the late Mr. G. Richmond, R.A.  and is survived by three sons and one daughter.

References to the death of Mr. Justice Kennedy were made in various courts yesterday.  In the Court of Appeal, The Master of The Rolls, standing with Lord Justices Swinfen Eady, Phillimore, Buckley, and Pickford, and addressing Mr McCall KC, the senior member of the Bar present in court,said "His bright and loveable nature endeared him to everyone who came across him at the Bar or on the Bench.  He was a charming colleague; we are the poorer by his death; his memory will remain with us."

In the Commercial Court of the Kings Bench Division, Mr. Justice Bailhache, who was accompanied on the Bench by Mr. Justice Bray, said that they all knew that Lord Justice Kennedy was a painstaking judge and a very learned lawyer.  He was a true friend, and those who had known him long deeply regretted his death.

Mr Duke KC said that every member of the Bar present felt that the profession had suffered a great loss.

The burial of the late Lord Justice will take place at Highgate Cemetery on Thursday, following a funeral service at two o'clock at St Mary Abbot's Church, Kensington. It is understood that by permission of the Benchers of Lincoln's Inn, a memorial service will be held at Lincoln's Inn, the time of which has not yet been decided upon.

DAILY TELEGRAPH
Jan 19th
DEATH OF LORD JUSTICE KENNEDY
FATHER OF THE HIGH COURT

We record with regret which will be widely shared the death of Lord Justice Kennedy which has occurred suddenly at his residence in Phillimore Gardens, Kensington.  Apparently he was in excellent health on Saturday, when he sat in the Court of Appeal; but he had a sudden seizure of angina pectoris at ten o'clock on Sunday morning, and he passed away within a few minutes.  In April of last year Sir William Rann Kennedy became, on the retirement of Sir Roland Vaughan Williams, so far as the members of the judiciary who sit in the Strand are concerned, the "Father" of the High Court, having been on the Bench since October 1892.  Of Lord Justice Kennedy it may be said that he was one of the most careful and conscientious members of the Bench, and in his own department of Admiralty and mercantile law he was an acknowledged authority.

FAMILY OF SCHOLARS

Born in 1846, he was a member of a distinguished family of scholars, but unlike the famous headmaster of Shrewsbury, who was educated at the school over whose fortunes he presided for thirty years, the late Lord Justice went to Eton.  His father, who as inspector of schools, was the Rev. William James Kennedy, of Manchester.  Young Kennedy proceeded from Eton to King's College, Cambridge, then in the transition period between that of a mere continuation of Eton, as New College was of Winchester, and its present commanding position in the University, such as is now held by New College at Oxford. The future judge's undergraduate career was one of great brilliancy.  He was Bell's Scholar in 1865, Browne Medalist in 1865 and 1867, Powis medallist in 1867, and Craven Scholar in 1867.  Sir William was the fourth member of his family to hold the distinction of Senior Classic, of whom Benjamin Hall Kennedy, of Shrewsbury fame, and afterwards Professor of Greek at Cambridge, was the first, in 1827, and Charles Rann Kennedy, the barrister, translator of Demosthenes, was the second, in 1831. The late judge achieved this distinction in 1868, and was made a Fellow of Pembroke.  Sir William was regarded as one of the finest classical scholars on the Bench.  He published a translation of the "Plautus" of Aristophanes, and after the loss of the Titanic he wrote a fine tribute in Latin verse to the memory of the heroic thirty-two marine engineers, who went down with their ship.  It was rather remarkable in so eminent a scholar that his judgements showedfew traces of his fine scholarship, and were not marked by any special literary quality.

LEGAL AND POLITICAL

Called to the Bar at Lincoln's Inn in January 1871, the first ten or a dozen years of his professional life were spent as a "local" at Liverpool, where he obtained a substantial junior practice, especially in shipping cases.  In the interval between leaving Cambridge and joining the Bar he acted as private secretary to Mr. Goschen at the old Poor Law Board, soon to be known as the Local Government Board. In April, 1882, he entered the Middle Temple as a barrister, probably on account of the proximity of its library to his chambers in Gardencourt. In 1885 he was made a QC, and acquired a substantial practice, chiefly on the Northern Circuit on which Lord Herschell and Charles (afterwards Lord) Russell and W.C. Gully (later Lord Selby) were the most commanding figures. In November 1885, and in July 1886, he stood for Birkenhead, but was defeated by General Sir E. Hamley, the Conservative candidate, the majority being more that 1,000.  Six years later by a narrow majority, he was beaten again by Sir Henry Seton-Karr at St. Helens.

(Missed a line) and on the retirement of Justice Denman Kennedy was made a judge of the Queen's Bench Division in October 1892.  For Mr Gully, who was thought to possess higher claims, better things were reserved, the Speakership of The House Of Commons and a perage.  It was a remarkable coincidence that one senior classic should be succeeded by another, for Denman had headed the Classical Tripos in 1842.  Unlike most Chancellors, Herschell was rather averse from the exercise of the vast patronage that belongs to his office, and Kennedy's was the only appointment to the Queen's Bench, and Sir James Stirling's to the Chancery Division, made during Mr. Gladstone's term of office from 1892 to 1895, Lord Justice Kay having been induced to withdraw the resignation which he tendered during that period.  Kennedy proved a careful and sound judge, whose decisions were usually respected by the Court of Appeal.  All the other judges of the Supreme Court have been appointed under the regimes of the Earl of Halsbury, Earl Loreburn and Viscount Haldane.

IMPORTANT JUDGEMENTS

It fell to the late judge's lot to deal with the first stage of the famous litigation that developed into the historic appeal of Allen vs. Flood which was twice argued in the House Of Lords on the second occasion in the presence of eight of HerMajesty's judges, in 1895 and 1897. The learned judge was in the main right in his law, being of the opinion that there was no evidence of conspiracy, intimidation, coercion, or breach of contract.  But he left certain questions to the jury, who found that the defendants had maliciously induced the employers to discharge the plaintiffs, and not to re-engage them, and awarded £40 in damages.  The inference rather is that Kennedy would have agreed with the minority of the consulted judges in the House of Lords and with the majority of the learned lords who allowed the final appeal.

The law of licensing has in recent years greatly occupied the public mind, and indeed important and far-reaching decisions of the Courts.  It was the the late Lord Justice's fortune to take part in two of these, one of which has been the subject of much discussion in Parliament.  In the first-Raven v. Southampton Justices-in 1903, Kennedy sat with the Lord Chielf Justice and Mr. Justice Lawrance, from whom he had the courage and misfortune to differ. The Court of Quarter Sessions had refused to renew the license of the George and Henry public house at Southampton, on the ground that there was already a redundancy of licensed premises in the immediate neighbourhood, and that the house was not needed.  Within a radius of 100 yards there were two fully licensed houses and seventeen beerhouses, and within a radius of 200 yards twelve fully-licensed houses and thirty-seven beerhouses.  The majority of the Court held that this evidence did not entitle the Quarter Sessions to refuse to renew the license.  The case was not taken to the Court of Appeal, and the principles laid down by the decisions of the House of Lords appear to be more consistent with the opinion of Mr. Justice Kennedy than with that of his brethren.

The other case-referred to by Mr. Asquith in the House of Commons as the "Kennedy Judgement"-arose under the compensation section of the Licensing Act, 1904.  This was a test case to determine the correct principles upon which compensation was to be awarded under that Act, when quarter sessions refuse the renewal of the license.  The petitioners were Ashby's Cobham Brewery Company and Ashby's Staines Brewery Company, in respect of the Crown, Cobham, and the Hand And Spear, Woking.  The decision was that, in the absence of agreement, the compensation payable ought to be based on the price which the licensed premises "would fetch if sold in the open market."  The actual assessment included the capitalised annual value of the brewer's profits, the capitalised value of the rent, and a sum for depreciation of trade fixtures, from which was to be deducted a sum representing the value of the premises without the license.  The scale was much too liberal to find acceptance with the Liberal Chancellor of the Exchequer, and it was violently denounced by the teetotal advocates in the House of Commons and throughout the country as being opposed to the intentions of Parliament.  In the argument, counsel for the Crown-the Attorney-General and Solicitor-General-had contended that nothing was to be added in respect of the value of the tenant's interest, and that the Act of 1904 was not intended to give full compensation for all the interests affected by the refusal to renew.

In March 1907-after perhaps, an undue period of waiting-Kennedy was promoted to the Court of Appeal on the elevation of Sir R.H. Collins to the House of Lords and of Lord Justice Cozens-Hardy to the Mastership of The Rolls.  The late judge wrote a treatise, published in 1891, on the Law of Civil Salvage, which is a recognised authority, and has reached a second edition.  He always took an active interest in the efforts made in recent years to establish something like an international code in matters of shipping, and was the principal British delegate to the conference at the St. Louis Exhibition, held for that purpose.

LAW AND PEACE

In the interest of international peace an immediate objective, he held, should be the establishment of a Court to act as a real judicial tribunal; which by its character should command the respect and by the moral weight of its judgements compel the obedience even of the most powerful and warlike nations.  He did not mean a temporary Board of Arbitration, but a permanent Court of Justice.  That was the most hopeful, if not the only, way in which there would  be gradually evolved in the civilised world a recognised system of international law.  He could see no insuperable difficulty to the formation or working of such a Court.  The position of its judges would be one of the highest in the world.  If all the Powers contributed, the cost would not amount to that of a single modern battleship.

In September 1874, the late Lord Justice married Cecilia Sarah, youngest daughter of the late Mr. George Richmond, RA, the famous portrait painter and sister of Sir William Blake Richmond, RA.  She survives him, with a daughter and three sons-Mr. Alfred Kennedy, barrister at law, Captain Julius Kennedy, RFA, and the Rev. Horace Kennedy vicar of Ditton Priors, Bridgnorth.  The eldest son, Mr. John Kennedy died last year.

The funeral of the late Lord Justice will take place at Highgate Cemetery on Thursday next, following a service at two o'clock at St Mary Abbott's Church, Kensington.  It is understood that, by permission of the Benchers of Lincoln's Inn, a memorial service will be held at Lincoln's Inn, the time of which has not yet been determined.

Thanks to Will Kennedy for making the above material available from his archive.

No comments:

Post a Comment