Greymouth Evening Star. THURSDAY, OCTOBER 26, 1944. MAGISTRATES AND COURTS.

Greymouth Evening Star, 26 October 1944, Page 4

Greymouth Evening Star. THURSDAY, OCTOBER 26, 1944. MAGISTRATES AND COURTS.

’J’HE West Coast community’s best wishes will go with Mr. G. G. Chisholm, stipendiary magistrate, on his transfer to Timaru, where he should repeat the success he has achieved in this district. West Coasters are law-abiding, and rarely are the district magistrates faced with spectacular tasks, but the procedure is mixed, mining and shipping problems being added to what is general in all Dominion areas. It is not easy to be a successful magistrate, winning the esteem and confidence of the district served, especially in so wide an area as the West Coast, but Air. Chisholm has made good, and his departure will be regretted, ft is opporiune to add that in his magisterial relations with the Press, Mr. Chisholm has been co-operative, a consideration that has been appreciated by the reporters concerned. The police, too, are similarly helpful in connection with Courts publicity. New Zealand has cause to be proud ol her magistrates and the Courts procedure genera 11 v. Perfection has not yet been attained in the latter, but the trend is in the right direction, especially where the interests of women and children are involved. There is a real desire to help the offender and justice is strongly tempered with mercy, sometimes, too much so, but any error is preferable this way than to be unduly harsh. Magistrates handle with efficiency the knotty' problems facing them, as is demonstrated by the fact that relative to the number of issues dealt with, there are few appeals to Higher Courts against their decisions, and not many of these appeals are successful. It must be difficult at times to hold the scales of justice with equal poise, and not to permit personal considerations to outweigh the evidence presented. Great responsibilities have to be accepted when penalising the convicted, or deciding civil controversies. Under all these circumstances, magistrates are worthy of adequate remuneration, but according to Mr. J. IT. Luxford, S.M., at Auckland, they do not receive a sum commensurate with the qualifications demanded. In an interesting review, recently. Mr. Luxford declared that magistrates had cause to be dissatisfied, not only with the salaries received, but also with the danger of departmental patronage decreasing magisterial independence. Efforts are being made to abolish the practice of paying special extra fees to magistrates who preside over commissions of enquiry. The Department of Justice, however, seeks to retain the practice on the ground that the added responsibility and longer hours worked by a magistrate appointed to do outside work, should, be rewarded by extra payment, notwithstanding that his ordinary duties have to be shouldered by another magistrate, very often, in addition to the ordinary work of that other magistrate. It must be agreed that magistrates should receive sufficient, indeed generous, salaries to place them above any temptation to favour any litigant or accused. Mr. Luxford suggests that a Royal Commission, presided over by a Judge of the‘Supreme Court should impure into the conditions under which I the magistracy is working and bring down a report setting out what reforms or amendments of the law, if any, relating to the magistracy are necessary or advisable in the public interest.