THE "GREAT UNPAID."

Lake Wakatip Mail, Issue 784, 19 November 1873, Page 3

THE "GREAT UNPAID."

During the last session of the Assembly a debate of a short but significant nature took place. The subject was mooted in both Chambers, and referred to the necessity of a revision of the roll of gentlemen holding Her Majesty's Commission of the Peace, and the taking of steps to cause magistrates to be something more than mere nominal custodians of the Peace. It was alleged, and correctly, so far as this Province is concerned, that the Court of Petty Session Act had become a nullity, not because of any inherent defect in its statutory powers, but simply because the

unpaid magistracy would not perform the duties attaching to their office as Justices of the Peace. The Government arc continually taunted with the cost of the administration of justice, and the Petty Session Court Act was framed .so as to assist in the dispensing with numerous Resident Magistrates. We do not think that these Courts of Petty Session are. very popular with the stipendiary magistrates. They are, in fact, more likely to be a subject rather of dread and anxiety, than of fraternal feeling and recognised assistance. But Ministers feel, and the Assembly

feels, that the Colony is paying an excessive cost for the administration of justice far beyond its powers. There is, 110 doubt, something radically wrong at work. Appointments of paid magistrates have been made con cunently with the creation of a host of honorary J. P.'s. Tlie result has been that the position of being in the Commission of the Peace, is looked upon more as an honor —something like an ornament, in another . sense, dangled at the end of a watch chain. This remark is almost equally applicable to some of the Mayors of our municipal towns. They are, in many instances, more noted by their absence from, rather than of the gracing of the Bench by their presence. Yet the fulfilment of the duties of Mayor is incomplete without a constant and careful attendance upon tlie magisterial functions appertaining to the office. This itself was apparent to the law officers of the Crown who drafted the Municipal Empowering Act and the Municipal Act, 1867. They of course recognised the responsibility of the office and the duties attachable to it in European countries. If, therefore, Mayors are neglectful in the performance of the due functions of their office in this respect, how much more excusable are the non-performance of duties by the hon. magistracy 1 It is difficult to draw the line. However there should exist at all events some responsibility ; some performance of duties at once clearly understood and recognised. It hns lately become the fashion, before the legislature of this Colony is asked to enact laws, to enquire what our neighbors in Australia are doing, and on this matter the 1 enquiry would be very pertinent. Just ! before the opening of the present session of . Parliament in Sydney, the hon. Mr Parkes, J the Premier of New South Wales, made two | excursions into the inland or interior portions ] of that colony—parts that, though an old colonist, even as a working printer, he had never previously visited. This is not a digression as it may at first seem. Some of 1 our readers may remember that we quoted, somewhat about this time last year, from Mr I Parkes' Armidale speeches. They had a telling effect even in this our own Colony. We are going again to take a few more leaves ■ out of the same text-book. His quondam j enemy, the Sydney Morning Herald is com- j pelled to record, despite of non-agreement of | political views, Mr Parkes' career and j speeches. The record is therefore more likely I to be in all features true. The journal we have just mentioned is not given to gushing. Mr Parkes is also not given to gushing, but open and genial. Age and official duties entail with him no reserve as usually understood, but a candid declaration of views. Many of these are so frank as to be at times unacceptible upon the first hearing. What we are now going to give under the head of this subject must have been doubly disagree-, able for those present —probably the "great unwashed" applauded what were unpalatable sentiments to the " great unpaid." Here is the tale; let the New Zealand colonist say whether it does not point a moral for our own behoof and advantage : " A deputation, consisting of twelve or fourteen gentlemen, were introduced to the Premier by Mr T. H. West, M L.A. They desired that a police magistrate might be appointed for Carcoar. They said that there were eleven or twelve justices of the Peace in the neighborhood, but that it was nevertheless often quite impossible to form a Court of Petty Sessions at Carcoar, and the same thing also occurred sometimes at Cowra. They stated that great inconvenience arose in consequence ; that many of the suitors and witnesses had to attend from distances of ten or fifteen miles, and often had to return home again without the cases in which they were concerned being heard. The reason alleged for the non-attend-ance of the magistrates was that some of them lived nine or ten miles away from town, and some refused to sit if others who were in the the Commission of the Pace attended at the same time. It was also alleged that some Justices of the Peace who resided in or near the town, and whose appointment to the Commission was comparatively recent, refused to take their seats on the bench until a police magistrate should be appointed." But the Premier was quite equal to the occasion, though he was not in exactly a friendly camp — " Mr Parkes said that the case, as presented to him, was not free from perplexity. If a justice of the Peace refused to attend to his duties because a paid magistrate was not appointed to do them, that might be a reason for striking his name off the Commission of the Peace. With regard to the appointment of police magistrates generally, he was of opinion that their appointment had not added much to the satisfactory administration of justice. He had noticed that they had been, frequently appointed not because they were more competent than ordinary Justices of the Peace, but because it was thought desirable to give some gentlemen a Government appointment. According to his view the office of a police magistrate should bo filled by the appointment of a barrister, or some person who had had legal training ; and police magistrates were required chiefly, if not solely, in seaport towns, on the gold fields, or in other places where there was a sudden rush of population, and where from one cause or other the

condition of society was not settled. The fact was, that gentleman had no right to aspire to be placed on the Commission of the Peace unless they had patriotism and public spirit enough to perform the duties which were incidental to the office. Justices of the Peace ought to recognise their responsibility by the performance of duty or resign."

We have given Mr Parkes' reply in full, it is so applicable to our own case or position. We ourselves some eight years ago advocated the appointment of a legal gentleman for the office of stipendiary magistrate. We have in this district two paid li.M.'s, and eight J.P.'s. Surely these should be more than sufficient and capable to administer all the law required for the YVakatip district.