THE MAGISTERIAL SCANDAL IN MELBOURNE.

Nelson Evening Mail, Volume XXX, Issue 89, 16 April 1896, Page 4

THE MAGISTERIAL SCANDAL IN MELBOURNE.

» OILING THE PALM OF JUSTICE." Australian files just io hand give fuller details of the report of the Board set up by the Victorian Government at the instance of Mr Lormer, J,P., to enquire into the -working of the magisterial system in Melbourne, of which the cable has already furnished a brief outline, . The report sets out that Bear Rappiport was guilty of corruption in his capacity as a Justice of the Peace, in that he received bribes, gifts, and privileges from persons who either were, or were likely to be, tried before him ; that bribes, gifts, and privileges were given to him for the purpose, as he well knew, of influencing his judgment as a Justice of the Peace ; also that on various occasions he adjudicated in cases in which he was under obligation to one of the litigants; and that he placed himself and was in communication with these parties relative to the matter of litigation, both before and after the cases, The Board further fonnd that Allan Baxter, J.P., was guilty of receiving gifts and privileges from litigants, well knowing that they were given for the purpose of influencing his judgment in the givers' favour ; also that he had degraded his office by visiting denß in Lonsdale-street. The Board further found that Kappiport and Baxter combined with others to devise means to defeat the administration of justice, and that npon other occasions they agreed to act together in the interests of persons who were engaged, and Vere likely to be engaged, in litigation before them. Dealing with the charges against Geo. Bird, J.F., of Bichmond, the Board found that he had a personal interest in cases in which he adjudicated, and that npon two occasions he visited courts in which he was not accustomed to Bit, and sat and adjudicated in the interests of women of bad fame and character. The Board fonnd that many Justices frequently migrated to Courts in other districts, and adjudicated for various reasons, and were influenced by various reasons; some because one of the litigants was an old customer, some because one of the litigants was an old friend, or the son of a near relative, or of an old friend ; some from a feeling of sympathy, some because requested to sit by the solicitor of one of the litigants, the Justice being related to, or having business connection with, such solicitor ; and others because they thought that a particular class, trade, interest, or body would not •receive justice unless they sat to watch its interest. The Board abstained from mentioning individual names in these Bench • packing charges- on the ground that it was of opinion that the Justices were unconscious that they were doing anything that was improper or wrong. This absolute unconsciousness of the nature of their duties was not only a singular but a lamentable fact. In the opinion of the Board, Mr W. J. Lormer, J. P., hod a strong bias in cases in which he adjudicated, but they considered that he was nnconcious of suoh bias, and thought that he could honestly and faithfully perform and discharge his duties as a Justice of the Peace. They exonerated Mr Burroughs, J.P., finding that he had no person il interest in adjudicating on the Wycombe Park oase. The report then proceeds to suggest means of remedying the evils arising from Magistrates leaving Courtß at whioh they usually sat and attending others and adjudicating in cases in which their judgment was not wholly unbiassed. The report states that the Board is of opinion that no honorary Justice should be allowed to adjudicate on cases in Melbourne or in populous centres of the country, but that a few -Stipendiary Magistrates should be appointed, the necessity of any large increase to be obviated by a reduction in the number of Courts, and the concentration of the business of two or three adjacent Courts at one central Court. A few honorary Justices m|ght be retained for issuing purposes, except for tbe issue of warrants of apprehension. For Courts in the country districts a roster should be established for each Court/to remain in force for twelve months. By this means certain Justioes would sit on certain days only.