Greymouth Evening Star. AND BRUNNERTON ADVOCATE. SATURDAY, JUNE 10th., 1933. COURT AUTHORITY.

Greymouth Evening Star, 10 June 1933, Page 6

Greymouth Evening Star. AND BRUNNERTON ADVOCATE. SATURDAY, JUNE 10th., 1933. COURT AUTHORITY.

surprise need be felt that early opposition was aroused by the announcement that Justices of the Peace were to be called upon to exorcise greater magisterial powers, but perhaps the perturbation was unwarranted. Mr. Cobbe, Minister of Justice, gave no details of his new scheme, merely intimating that Justices’ services might be called upon mßre frequently than hitherto. That Magistrates as a class are overworked must be admitted. Their duties ar'e numerous and are not confined to their sittings in the various Courts, or as Coroners. In country centres, they are called upon to travel extensively, and doubtless they would welcome some relief.

Mr. Cobbe is reported to have said that in Britain, “a stipendiary magistrate is very seldom z a lawyer.’ His authority for such assertion is not obvious, and his comment that retired soldiers are given such posts, conveys a wrong impression. Retired officers are found on English benches, but they have other qualifications than that

of being ex-arm}' men. It is interesting to note that the Minister believes that business knowledge and common sense are the chief requisites in a magistrate, but not many, having practical experience of Court procedure, would endorse that opinion. Knowledge of law and human nature are even more important. A good magistrate would not necessarily be a success in the commercial world, any more than a shrewd trader must therefore make the ideal judge. Nolle doubts that some Justices would, in t ime, develop into worthy magistrates, —but there are others. There are hundreds of Justices, and this country would indeed be blessed if the majority of these could be entrusted with the more important of magisterial duties. Comparatively few would pretend to have the desirable qualifications, and the others might prefer to resign rather than assume added responsibilities. As it is, even in the nominal Court duties they undertake, they have to rely on the guidance of the Clerk of the Court. If Magistrates are Jo be assisted, the logical method appears to appoint more Stipendiary Magistrates, or to increase the flatus of ihe Clerks of the Court. Unqualified “amateurs” might shake public confidence in the administration of justice, a development to be avoided at all costs. It is to be hoped that Mr. Cobbe will not confine, his discussions on the subject to his Departmental Under-Secretary; if he really intends serious departure from the. present syste'm.

j\fr. Cobbe was on surer ground when he denied allegations that prison administration in this country is seriously deficient. The Howard League and similar societies allow their sympathy for offenders to induce them to cut strange attitudes, and this excess of sentimentalism detracts from the value of such organisations. They seem to act on the principle that every convicted person is more shined against than sinning, and that the best way to diminish crime is to make things easy for the criminal. A little more justice on their part towards those in charge of the prisons system would add to these societies’ usefulness, and also to public respect for them. The Minister has proved that he is open to argument-, and he deos not claim that the prisons system is yet perfect. In the controversy on the subject, he emerges with the greater credit.