SPECIAL CONSTABLES AND JUSTICES.

Evening Post, Volume XL, Issue 63, 13 September 1890, Page 2

SPECIAL CONSTABLES AND JUSTICES.

* The action of the Resident Magistrate and Mayor in the calling out and selection of the special constables has been a good deal Commented on, bnt is generally approved, with certain reservations. It wonld have been bettor, perhaps, if tfco Iwo officials named, instead of acting on their own responsibility or «.t the suggestion of tho Government, had followed the course usually adopted at Home and also in this colony in time of civil commotion, of calling a general meeting of the magistracy, and leaving it to suoh meeting to authorise the calling out of special j oonstables. The Resident Magistrate and' Mayor havo no exceptional dutios or powers in tho matter, and can simply act as Jnsticos of the Peace. Any othor two Justices have preoisely the same authority. Under I these oircumstancosv St was decidedly improper for them to issuo their prcce'pt to a numVor of thoir fellow-Jnsticca to serfro aa constables. Tbe law has invested eVery Justice e<\nally\Vitb.'eertasnpowots in regard to tho enrolment aiid discharge of special Constables, and service as a constable is inoompatible with the proper exercise of these powers. It is true the law does not, aa Mr. .Robinson says, specially except Justices, but it does so inferentially by the duties it imposes on them in suoh cases, and Justices are already sworn to conserve the Queen's peace. They are entrusted with tho duty of doing this in other ways than with a baton, and while thoy havo all tho anthority of a special constable, they have also higher and more responsible duties to perform in preserving order. Employment 'as a speoial constable ia qnito incompatible with their statutory duties or the exercise of tho judicial functions which they are invested with, as it also would bo with the aotion any of them might be called on to take should it unfortunately become necessary to read the Riot Aot. At the same time it might be desirable to fnrnish Justices with some distinguishing badge, to give the stamp of authority to their interference should it at any time become neoessary. Many cf them are Very little known to the public. The manner in which the demand for spooial constables was responded to yesterday was very satisfactory, and should their active services be required those who / are sworn m wonld no doubt do their devoir riffht gallantly, bnt we would suggest to them the propriety of not parading in belltoppera. 'I here is something aggressive and provocative in tho appearance of a belltopper in a crowd or a row.