THE "GREAT UNPAID."-N0. 2.

Lake Wakatip Mail, Issue 785, 26 November 1873, Page 2

THE "GREAT UNPAID."-NO. 2.

In oar issue last week in in article headed the "Great Unpaid," we referred casually to an advocacy this journal maintained some years ago as to the desirability of appointing duly qualified legal men to occupy the position of stipendiary magistrates ; our refeience has caused other conclusions being arrived at than we intended —in fact, conclusionssowideas supposingthatit is our desire to see the present bench of RM.'s reformed; that the members thereof should give place to qualified legal men. This is going beyond the argument we attempted to adduce from the Premier of New South Wales' speech. We only desired to show that Mr Parkes' ideas in the appointment of Police magistrates was that it would be advisable to select men for the office from those who had studied the law; that more than eight years ago when this policy could have been carried out here, this journal advocated the same. So far then only we went in our proceedings. But the demurrer to the count thus casually alleged opens up two questions worthy of consideration. Upon those two main questions naturally hinge others. The two main questions upon the issues raised are these (1). Is it necessary to replace our present stipendiary magistrates by legally qualified barristers, &c ; (2). Does the present system demand an absolute application of the principles of reform. To the first issue, we think we may safely assert that an immediate replacement of our R.M. staff—so far as our knowledge of the South Island extends —is not necessary from the points of view mentioned. At the same time it must be thoroughly understood that we are advocates of the appointment of gentlemen duly qualified to settle rapidly and quietly numerous points of law, that will be necessarily and continually raised in a new colony making its own laws, without the endless delays that ever arise, summed up in the words " Judgment reserved to consider points raised." This means of course a reference to the law text-books. The legal man, if duly qualified, should be able on behalf of plaintiff or defendant to ameliorate the evils of deferred judgments, or, in other words, "the ruinous costs involved by the law's protracted delays." It may be urged that many such legal magistrates may prove minor editions of that eminent, but doubting, judge, Lord Eldon ; that thus we may fly from the ills we endure to greater ones. It does not concern the argument further than to say the chances against such a catastrophe occurring are very large in favor of the duly qualified legal practitioner—a man we mean of age and experience—not a neophyte. So far then, shortly, we are in favor of the appointment of competent men to the magisterial bench when opportunity offers. But taking the two questions together as one for a moment, we do not see that it is necessary to dispense with the services of a number'of magistrates who through administration of the law have acquired thorough experience—who have become "experts" in their high calling. Most, if not all these gentlemen, are now thoroughly able to sift the legal arguments laid before them, though as stated, oftimes at the cost of delay. Their removal for the sake of replacing them by the qualified legal men would not prove therefore so much of a public gain as to justify such action. Therefore we repeat that our argument was stretched when conclusions of the nature we have indicated woo attempted to be adduced from it What we had in mind was, as stated, that parallel ideas with Mr Parkes had been enunciated yearn ago here. That the upaid magistracy neglect their duties is clear enough, and that the time is approaching when our R.M. Courts as at present constituted must take another form is evident That reform, judging by the measure introduced into the Assembly, is in favor of Courts of Petty Sessions for onedass of cases, and of the extension of the County or District Court system. It may be, if the magistracy yet feel themselves unable to cope with the cases brought before them, that some system of periodical holding of courts of justice may be established, and visiting or travelling chairmen of such courts appointed. One thing is ceitain, that the " great unpaid" must be forced to perform the duties in some way or another to the honor of the position. Otherwise we shall as a people have to provide for numerous official appointments as the country gets more populated and settled. Mr Parkes, it will be remembered, said that the appointment of stipendiary magistrates (who are also wardens) was necessary in seaport towns and u|»on goldfields. In that respect we agree with that gentleman, but because such a magistrate happens to be absent is that any reason why the ordinary bench of hon. justices of the district should fail to hear cases. Yet this has proved to be the case frequently enough in this district | Parkes hits (his blot when he said "No I magistrate would be appointed by the Govern- | inent in future until a circular had first been sent to them setting forth the nature of the duties, asking whether they were prepared to discharge them, and telling them that if they were not prepared to do so the more honorable course would be not to accept the | appointment" j The conclusions we have arrived at in this and our previous article are j these : That the honorary magistracy, by the I non-fulfilment of their obligations, tend to hamper the administration of justice; that ' they force upon the State the creation of a ! paid magistracy by their defoult; that the taxpayer has, through this neglect *jf responsibilities, to pay a large sum that could otherwise be employed in more usefal directions; that moral cowardice is exhibited, calculated to bring the system of the appointment of hon. J.P.'s into disrepute; that when appointments have to be made in future, qualified legal men, if procurable, should be selected to fill the office; that a reform of our present system is required; that it is inevitable in some shape or another, and that before very long. It is one of those reforms that make themselves rather felt than popular in their nature and character, but nevertheless the none less demanded from our Legislature. ' ,