THE JUDICATURE

Evening Post, Volume XLVIII, Issue 64, 13 September 1894, Page 2

THE JUDICATURE

The Supreme Court Act Amendment Bill introduced by the Premier is a very important measure, and, wo regrot to add, a vory bad one. There is only one redeeming fouture in it, and even that is feeble and in" complete. There can, we think, be no doubt that the present system of having the Supreme Court Judges resident in, and consequently occupying the Btnch in, separate and distinct districts, is a bad one. Judges 1 however learned or impartial, are, after all, only human, and constant association acts on them as on meaner mortals. A Judge sitting always in the same place, with the same practicioners continually appearing before him, quite unconsciously drops into favouritism. He forms his likes and dislikes, which grow stronger as time goeß on, and withont in tho least knowing it his judgment is often necessarily swayed by bis prejudices. Lawyers learn tho woak side of tho Judge by constant experience — take the measure of his foot, in common parlance, and aot accordingly. The interests of clients or of jnstice are not served by the Bame lawyers constantly appearing before the same Judges. This evil the Bill proposes in some degree to remedy by providing for Judges taking circuits in rotation. It is not sufficient that the Judges who sit on the Bench should be changed from time to time. The Judges Bitting in Chambers chonld bo changod also. The judicial system of this colony will never be put on a satisfactory basis until its power is concentrated. There must bo a legal as there is a political metropolis. The Judges, like Ministers, thould all live in the legal centre, where thoy could enjoy the benefit of frequent consultation with each other. The comparative isolation in whioh they now live is a great evil. From this centre the Judges should go circuit for criminal, civil, divorce, and bankruptcy sitting?, but the greater part of the Chamber business should, as it is in England, be transacted at the legal oentre, whore two or three Judges should always be sitting. Until this system is adopted, New Zealand will never really have a strong Bench or a strong Bar. In making theße remarks we, of course, put aside all personal references or considerations. Tho Bill does not go by any means far enough towards concentrating the power of tho Court, but in respect to requiring all Judges to go circuit it goes in the right direotion. There, commendation of the measure must cease. We entirely object to the Judge upon the Benoh being reduced to a mere legal phonograph or machine, forbidden to assist the jury by any comment on the facts of the oase he is trying. A Judge's summing-up under such a restriction would be a melancholy farce. The summing-up of some Judges may be so described even now, but there are others whose summing-up is generally an intellectual treat, and whoso comments on the facts and circumstances of the case outside the mere questions of law involved are of the greatest assistance to juries in sifting tho evidence and arriving at a -just conclusion. There is, fortunately, no need to torbid our Judges making an untair or partizanuse of their power to comment on tho tacts as well as tho law of a case. It would lead to the gravost miscarriage of justice on innumerable occasions if that power were withdrawn from them. Equally obnoxious and improper is the proposal to leave costs to the discretion of the jury. In nine cases out of ten the jury can have no reliable basis on which to aot in regard to awarding costs. They would be required to deal with an unknown quantity, and would be quite unable to arrive at any satisfactory solution of the problem. Monstrous injustice would often be done if tho jury wero left to determine costs. It would be almost as bad as doing what is, we believe, done in France and some other countries — leaving it to the jury not only to find the issue of guilty or not guilty, but to determine tho sentence on thoso who aro convicted. We wonder Mr. Seddon did not propose to leave sentences as woll as costs to tho juries. Wo hope thoi'e is no probability of this dangerous Bill beiug proceeded with.

Tho Premier, in his desire for tho establishment of a Foreign Policjr by New Zoaland , seems rather to have put his foot in it with regard to Neckar Island. There seemß to be no doubt that the island belongs, and has always belonged, to Hawaii, and the Premier s protest against its annexation is therefore highly ridiculous. His 111-dirooted zeal is likely to be severely snubbed by the Imperial Government if, as stated, it has embarrassed Imperial action. Mr. Seddon will probably receive a strong hint to mind his own business, whioh, of course, is that of New Zealand, and to leave the foreign relations of the Empire alone. Fortunately Hawaii is not a great naval power, or the ill-advised protest might have elicited a practical reply of an unpleasant kind. Mr. Seddon's Samoan aspirations failed to induce the coveted knighthood. His Neckar Island experiment is not likely to do much to advance bis object. Surely New Zealand offers sufficient scope for even Mr. Seddon's energy and ability. We strongly advise him to leave foreign countries alone in future. Two columns of reading matter will be found os the fourth page, including our Parlib^ontary report, particulars of the Harriers' annual meeting, and a letter to tho Editor. Out of 03 passengers from Australia by the Hauroto yesterday, 39 landed at Wellington. The coastal conveyance of tho inward San Francisco mail has been delayed, as the Mahinapua, which left the Manukau at 5.40 la3t night, only crossed the bar at 7.40 this morning. She is expected to sail from New Plymouth at 10 o'elook to-night, in whioh case she may be expected here about 2 o'olook to-morrow afternoon. The Railway Commissioners have informed the Chamber of Commerce that they are unable to effect any improvement in the train service between Wellington and New Plymouth until the Wellington and Manawatu Railway Company can see its way to accelerate the service between Wellington and Palmerston North. If this were done, the Commissioners would be prepared to make their time-table more convenient, but until both lines are under one ownership it is unlikely that a quicker service can be arranged throughout. We are sorry to have to report the passing away of another old settler, Mr. Henry Collett, who died at Petone yesterday, aged 76. The deceased arrived in Wellington by the ship London in 1840, and followed for many years the occupation of a wheelwright. He was an excellent workman, and about ten years ago was enabled to retire on a competence. For some years he had been in delicate health. Tho immediate cause of death was an attack of bronchitis. The funeral takes place on Saturday afternoon. The deceased, who was highly respected, leaves seven sons, three daughters, and a large number of grandchildren. "Footballer" writes: — For Borne days past a rumour has been enrrent that the Union Steam Ship Company would run a cheap excursion steamer to Lytfcelton on Friday evening, returning on Sunday, and that the fare would be 10s. To the surprise of most of those who intended to avail themselves of this oheap fare we notice in the Evening Post of yesterday that the faro would be 255. lam one of a party of 20 who intended going, but none of us will go at 255. I think ft very unwise of the Union Company to fix the price so high, and it is not oven now too late for them to reconsider this matter and reduce the price There are a great number who are interested in footballing in Wellington who will be barred tho i-leasuro of witnessing this match owing to the prohibitive rates, as the fare alone will not be the only expense, which will include railage to Christchurch. hotel, and other incidentals. No one would grumble at 15a, and I trust the Union Company will reduce the price to this figure. We are requested to state that the decision of the Hutt County Council to dispense with the services of Mr. Travers, who has been its solicitor for some years, on the ground that he is also legal adviser to the Manawatu Railway Company ,was not unanimous, the Chairman and Councillor Bradey having voted against the motion. Another meeting of representatives of fire insurance companies was held this morning, Mr. F. Allen in the chair, when the Foreign Insurances Companies Deposits Bill was considered. No decision was arrived at, and the meeting was adjourned until Saturday. The lad who escaped from a cell at the Central Station on Tuesday night took a man's coat from the yard of a boardinghouse in which he stayed for a night or two last week, and subsequently, the police have ascertained, exchanged it at a second-hand dealer's shop for a coat which fitted him. The youngster is still at large. Mr. W. Long waited upon the Hutt County Council on Tuesday, and urged it to re-con-sider its decision not to grant him a license to slaughter on his property at Ngahauranga. The Inspector (Mr. Golder) stated that he was still of opinion that it would be inimical to the health of the public to allow slaughtering to take place on the premises, and the Council decided to adhere to its former resolution. During the hearing of the criminal business at the Magistrate's Court to-day, a halfdrunken fireman belonging to the Aorangi interrupted the proceedings, and was promptly ejected and conveyed to the police cells. He will be dealt with to-morrow. The Eight Hours Demonstration Com mittee is daily receiving promises of prizes for the annual sports in connection with Demonstration Day. The Commit t e desires to acknowledge with thanks trophies from the D.I.C. and Messrs. Cameron and Christie, a book from Mr. Whitaker, and a whip from Mr. W. Wigging. Sir Robert Stout has promised a subscription to the funds. The weekly meeting of the Women's Social and Political League was held at the Ballance Hall, Manners-street, yesterday. There was a very good attendance, and a paper on " Money " was read and discussed. Two Vice-Presidents were elected unanimously — Mesdames Livermore and Stidolph. A paper on " The Chinese Question " will be read next week. Plaintiffs obtained judgments to-day in the Magistrate's Court in the following undefended cases : — Sharland & Co. v. Dr. Satchell, £6 5s 9d ; United Farmers' Alliance v. H. W. Hull, £4, 8s ; A. S. Levy v. F, Smith, £6 ; Briscoe, MacNeil & Co. v. D. Jones, £10 12s 9d ; Baker Bros. v G. J. Gray, £5 6s 4d; J. May & Co. v. J. H. Whiting, claim £11 13s 6d, judgment for £9 3s 6d. In the case of R. Thackray v. Aston and others, a claim for £3 4s, judgment went for defendants. In the judgment summons case D.I.C. v. A. J. Baltgate, £7 3s 6d, there was no appearance of defendant, who was ordered to pay the amount forthwith or undergo 21 days' imprisonment.

The Hermit of Island Pay is to remain undisturbed. The difficulty as to the formation of the portion of the Queen's Drive passing by his retreat without destroying the cave which he has inhabited for so many years, has been overcome by building a concrete wall on the seaward side. The bed of the new road is some feet higher than the interior of the cave, but this will be rather an advantage to the Hermit than otherwise, as it will to a certain extent serve as a protection against the spray entering the cave in high southerly weather. Those of our readers who wero present at the football match at Newtown last Saturday will recollect the cry of the New t'outh Wales team before the game started — "Rick, riok, tiok-a-tick. Hoopa, hoopa ,'ia !" This is a tribal cry of tho Combadello blacks, and the interpretation is " War to tho knife.' ' Six drunkards appeared in the Magistrate's Court to-day before Mr. Martin, S.M. They were all treated as first offenders. Henry Chamberlain, a fireman belonging to the s.s. Aorangi, was charged with refusing to obey the lawful orders of the second engineer of the vessel. The offence was admitted, and the accused was remanded till to-morrow. A child named James Burke was relegated to St. Mary's Industrial School, Nelson, on the charge of being neglected. The police were directed by his Worship to make enquiries as to whether the boy's father was in a position to contribute towards his support. The Stipendiary Magistrate also attended at Mount Cook Police Station this morning, and remanded Thomas Gross till to-morrow on the charge of being drunk while in charge of a horse and cab. A photographic exhibition was opened in Christchurch on the 8th instant. The Christchurch Press says : — " The Wellington exhibits, which number nearly 60, are, as a whole, about the best in the exhibition. The work is very high-class, both artistically and technically." The quarterly Purple Lecture of the Wellington District I.O.O. F., M.U,, was held at the Loyal Rose of the Valley Lodge last night. The officers present were — Bros. R. Mothes, Prov. G.M. ; G. Jordan, Deputy Prov. G.M. ; J. Kershaw, Prov. C.S. ; R. Smith, Prov. Examining Officer and Warden ; S. R. Johnson, P. Prov. G.M. The following members were advanced to the respective degrees : — Elective Secretary's Degree and Past Vice-Grand's Degree, Bro. R. Read (Antipodean Lodge); Past Noble Grand's Degree, Bro. Jos. Hill (Petone Lodge) ; Purple Degree, Bros. G D. Beharell and A. Dempsey (Antipodean), and J. Greig (Petone). It was resolved that a letter be sent to P.P.G.M. E. H. Collett sympathising with him in regard to the death of his father. The thanks of the meeting were given to the District Officers, and the meeting then closed. The Librarian, in his last monthly report to the City Council, says that the number ot subscribers to tho Lending Department has increased from 443 to 469. The number of books issued to borrowers in August, including renewals, was as follows :— Theology, 8 ; Philosophy, 18 ; History and Biography, 74 ; Voyages, Travels, &c, 71 ; Politics, Economics, &c, 19 ; Sciences and Arts, 45 ; Miscellaneous, 94 ; Fiction, 1876— total, 2197. The works most in request have been the novels of Marie Corelli, Sarah Grand, Rider Haggard, Stanley J. Heyman, "The Yellow Aster," Crookett's "Raiders," Mrs. Humphrey Ward's "Marcella," and the works of Ruskin. The number of volumes in this department of the Library at the end of the month was approximately 5420. In the Reference Department tho number of works issued during the month was 1098, as follows : — Theology, 25 ; mythology and folklore, 2 ; philosophy, 20; society, 84 ; geography, 135 ; history, 95 ; archteology, &c, 8 ; science, 150 ; arts and trades, 174 ; philology and literature, 401 ; unclassified official works, 4. The total number of works in this department iB slightly more than 8000. The number of different readers who used this department during August was 269, including 33 ladies, and the total number of readers who have made use of the department during the four months that have elapßed since its opening is 752, the nnmber of works issued being 4423. B Mrs. Gamison, who went over to Sydney by the Hauroto, for the purpose of converting the shearers on board under engagement to the Pastoralists' Association, was, it is stated, only successful in persuading one of the party to become a Unionist. If there ia not urgent necessity for the Tasmania to go to the Bluff on her next trip from Sydney, she will be laid up for repairs in Sydney next week. The Elingamite will come instead, and Captain M'Gee, from his knowledge of the New Zealand coast, will most likely take command of her. It is also likely that the Elingamite will be the boat selected to run in a fortnightly service, in conjunction with the Tasmania. The prospects of the New Zealand-Australian trade have warranted Huddart, Parker & Co. in considering the advisability of building a special steamer for it. The Union Steam Ship Company will hand the b.b. Southern Cross over to Levin & Co. at the end of the present month. The sB. Dingadee will replace the Southern Cross in her present trado. In any case it was intended that the Dingadest which was formerly running on the East Coast and was withdrawn for-the West Coast coal trade, should ttcke up the East Coast running daring tho wool season. A run to Island Bay and baok was made last evening by over 30 members of the Wellington Cyolicg Club. Mr. G Boeddinghaus, the licensee of the local hotel, treated the wheelmen in a very hospitable manner, and before they left thoy gave him three hearty cheers. Another run will take plaoe at an early date. Ths Potono Oddfellows' Hall was crowded to excess last evening at the concert in aid of the funds being raised for building a Roman Catholic Church at Petone. A capital programme of 22 items was submitted, the singers being Misses Cudby, Lambert, Hayward, Ross, M'Donald, Driscoll, and Gibbs , Messrs. B. Hector, H. Parker, W. F. Young, W. Haybittle, and Mops. Murrio. Mr. W. Haybittle, who apologised for the absence of his brother, also contributed several recitations. An apology waß given for Dr. Findlay, LL.D. Mr. Farquhar Young took the house by storm with his song, " Admiral' 8 Broom," which received an imperative onoore. Like compliments were accorded Mr. W. Haybittle and Mons. Murrie. Mr. Oakes played a cornet obbligato to Miss Ross' song, " Whisper, and I shall Hoar." A dance took place at the close of the concert. The annual plain and fancy dress ball hold in Thomas' Hall yesterday evening, under the management of the Excelsior Lodge of Druids, was a deoided success. Nearly 100 couples were present, and some very striking costumes were worn. Amongst the guests were Bros, the Hons. W. Jennings and J. E. Jenkinson, who remained to the end of tho ball. The music supplied by Mr. E. J King, jun., gave every satisfaction, and the floor was in capital order. The ball was opened with a grand march, led by Bro. A. Geary and Miss MaTsh. The Committee of Management consisted of Bros. Crombie, Demuth, Ellis, Robertson, A. Geary, and T. Boon (Secretary), who are to be congratulated on the admirable arrangements. The Bupper-table was looked after by Mrs. A. Geary and Miss Marsh. Bros. W. Ritson and J. Johnston discharged the duties of masters of ceromonies in an efficient manner. Several " extras " were played by Master Geary, and during the evening songs were given by Bro. Dodds and Miss Foote. A meeting of the Wellington Provincial Gun Club was held at the Club Hotel on Tuosday evening. The reply of the Wellington Agricultural and Pastoral Association relative to the uso of its ground at Petone was read, and it was decided to accept the terms offered. A working committee, with power to add to itß number, was fotmed. The entrance fee was fixed at 10s, and the annual subscription at 10s. It was resolved that a ballot should be taken at future elections. The offers of the Johnsonville and Wellington Gun Clubs to hand over their plant were aooepted with thanks. The committee was directed to draw up rules. Messrs. Broderiok and O'Callaghan were eleoted Hon. Treasurer and Hon. Seoretary respectively. The eleotion of President and Vice-President was deferred. There iB now a membership of 21. Last night the Free Methodist Schoolroom in Cuurtenay-plaoe waß packed at the entertainment promoted by Misses Hutahens and Redstone. The children's performances in action songs, &c, indicated oareful training, creditable to themselves and their instructor, Miss J. Hutohens. The large audionoe was most demonstrative in its appreciation. The solo performers were Misses Nettie Smith, Bessie Gauntlett, Goodwin, and Sinclair, Messrs. Light (3), and Thomson contributed two overtures, and Mies Redstone and Mesßra. Thomson and Wilson an instrumental trio. The other items were Bongs by Miss Syer, Mrs. Kerr, and Mr. Redstone. Miis Redstone was the accompanist. _ The Secretary of the Irish National Association acknowledges, with thanks, the receipt of £5 5s from Mr. Martin Kennedy on behalf of the funds. A concert was given last evening by some members of the Petone Glee Club, assisted by local talent, in the VVainni-o-raata schoolroom, in aid of the sohool prize fund. Mr. J. Wakeham presided, and in addition to the club's glees, songs were given by Mesdames Morris, Bnrdan, and Thomson, Misses Chappie and M'Uvride, Messrs. A. H. Piper, J. Wood, G. W. Kirk, and G. Burdan ; and recitations by Mr. A N. Burns and Master F. Jennesß. A hearty vote of thanks was given the performers. Messrs. J. W. Chapman and Co., of JohnEonyille, acknowledge the prompt manner in whioh Messrs. W, M, Bannatyne and Co., the local agents for the Royal Insurance Company, settled the olaim relative to their recent fire. The amount of the olaim was £1230. The Wellington Dramatio Students have secured the Opera House for the 12th and 13th October, to give entertainments in aid of the Garrison Band and the Harmonic Society. They will perform Sydney Grundy's farcical comedy of "" Snowball," preceded on one night by H. A. Jones' "The Old Master" and on the other by Grundy's "In Honour Bound," Attention is direoted to an advertisement inviting the attendance of the ladies interested in the forthcoming Catholic social gathering. A conoert in aid of the Vogeltown Sohool piano fund 1b announoed for to-morrow evening at Vogeltown. The Committee has arranged a capital programme. To-morrow evening the Rev. H. R. Dewsbury, of Christohuroh, will deliver a lecture in Wesley Schoolroom, Taranaki-street, on " The Story of Our Founder." Mr. Dewsbury's abilities as a leoturer are well known, and the leoture, whioh will be free to the public, will be illustrated by 60 lime-light views, shown by Mr. J. H. Helliwell. A magic lantertainment in Kent-terrace Presbyterian Church to-morrow night is advertised. Our readers are reminded of the lecture to be given by the Rev. C. H. Bradbury on " John Rußkin, the Social Teacher," in the Taranaki-street schoolroom this evening.

A.t a meeting of the Queen's Drive Committee to-day, the Engineer reporteH that only 60 ohain3 of formation was required to complete the conneotion between Kilbirnie and Island Bay, and that the Drive would in all probability bo finished by the end of November. The Committee will pay the work a visit of inspection on Saturday "afternoon. A contemporary states that Mr. William Goodlet, when travelling on the\Vest Coast, oame across a rough boulder, in which a close examination discovered an immenso number of minute rubies. An examination by Professors Ulrich and Black showed that the boulder was full of very small rubies. A sample of the stone was sent to the Eoyal School of Mines at London, and the reports received in return Ftated that this was the first occasion on which the ruby had been discovered in its matrix. The matrix, a soft, bright grepn-eoloured stone, has been called " Goodletite," after its discoverer. At a sale by auction to be held to-morrow at Harcourt & Co.'g rooms, Lambton-quay, a capital section of land iv Oriental Bay, with a frontage of 77ft to Oriental-terrace and a depth of 65ft to 140 ft, is to be submitted at a low upset price ; also a valuable leasehold property in Adelaide-road, consisting of a section of land 33ft x 84ft, on which are erected two shops, a three-roomed cottage, sheds, stables, and outbuildings, the whole bringing in £42 18s per annum. The lease has 19 years to run at an annual rental of £18. The sale will commence at 2.30 p.m., and further particulars will be found in our advertising columns. (i. and T. Young, jewellers, dec., Lambton-quoy, have a new advertisement to-day on the first page as to their great clearing sale, which begins tomorrow. A special feature is the discount allowed— ls per cent, off all cash sales and 10 per cent, off goods sold on credit. All the firm's branches participate in the sale. A house in HoUoway-road is offered for sale by tender. Tenders arc returnable on Monday at noon. Churchward and Co. will sell to-morrow, fruit. W. F. Shortt will sell to-morrow, on account of whom it may concern, mangle, perambulator, boots and shoes. A. G. Tame and Co. will sell to-morrow, furniture, &c.