THE New Zealand Times (PUBLISHED DAILY). SATURDAY, JANUARY 29, 1887.

New Zealand Times, Volume XLVIII, Issue 7996, 29 January 1887, Page 2

THE New Zealand Times (PUBLISHED DAILY).

SATURDAY , JANUARY 29, 1887.

With which are incorporated the Wellington Xn'icpendent, established 184$, and the New Zealander .

Thebe seems to be a mistaken notion abroad that whenever a criminal is con* demnod to death there must be a second trial, without the presence of witnesses, by the members of the Executive Council. According to a telegram published to-day, Mr Ballance has, in an interview with a reporter, spoken with great good sense on the subject. Curiously enough the royal prerogative of pardon is one of the responsibilities the exercise of which is left to colonial Governors. According to law the sovereign has enormous powers in all matters of administration, but, according to the unwritten Constitution, he or she has in almost every case to act on the advice of the responsible advisers of the Crown. In England the power of pardon virtually lies with the Homo Secretary. In the colonies, however, in this matter, though a Governor takes the advice of his Ministers, the ultimate decision lies not only nominally, but actually with himself. It is in no sense a Cabinet question, and the proper course to take is to get the advice of those of his advisers who can advise best. The non-legal members of the Ministry, if consulted, can only be considered as a second jury taking the evidence at second-hand. In the case of Oaffrey and Penn, the jury have found them guilty of murder, and have, with little reason it appears to us, recommended them to mercy. This recommendation should, no doubt, receive due consideration, but tin; person whose opinion should be specially considered is the Judge who tried the case. The question of guilt has been decided by the jury, and what remains to bo settled is whether there are mitigating circumstances to justify a more lenient punishment than death. In a matter of the kind the Governor will naturally be guided by those of his advisers who either personally have, or can get, the benefit of legal knowledge. It happens that in the present Government there are three lawyers, but that of course is accidental. The Department of Justice is the proper one for his Excellency to refer to. It may be that the Minister at the head of the Department is not always a lawyer, as it often happens in England that the Home Secretary is not one ; but the Department can always command the best legal advice in the country. Such matters should be entirely removed from all suspicion of being connected with party. In the case under discussion there can bo no question of the kind, but it can easily be conceived that cases of a different sort might arise. The proper plan in cases of recommendations to mercy, or of any doubt as to whether a capital sentence should be carried out, is to receive the Judge’s report and submit it to the best legal authority obtainable. The Governor for the time ibeing will then be in a posii ion to draw his i conclusions. To make a practice of tryling cases over again.before the Cabinet is :auro to lead'to mischievous results.

The City Surveyor’s report on the Wai-nui-o-mata water supply is, so far as it relates to the amount of water, decidedly satisfactory. After more than a month practically without rain, there is not only no dearth of water, but there is no occasion to prevent the ratepayers from freelywatering their gardens. The Mayor said that he believed that, even if we were to have two months more of drought, there l would be a full supply. The amount consumed each day, per head of the popu lation, is no less than 113 gallons, after deducting the amount used for motive power. This is nearly five times the quantity that is considered extravagant in the best supplied towns iu the United Kingdom. When twenty-five gallons per head is used in any town in England, there are inquiries and inspection respecting waste, and it is found that with care on the part of the authorities the consumption can be greatly reduced without inconvenience to the ratepayers. Happily, in Wellington it is easy to be liberal, and it adds greatly to the value of property and to the attractiveness of the town that _ lawns and flower-beds can be kept in all their beauty through a dry season like the present one. The warnings against waste is, however, a most proper one. Bountiful as our supply of water is, it ought not to be allowed to run without object. The waste from carelessness is very great. Garden hose pour forth water to no purpose, and taps are allowed to run from pure carelessness on the ; part of the owners. Were it for nothing else there might be some consideration for the trout in the Wainui-o-mata below the reservoir. Taking their welfare into consideration it is not altogether bad news that they get the benefit of one-fourth of the stream, though a leak of the magnitude described is rather opt to be alarming. As to the frequent bursting of pipe-joints, we maintain the opinion which we expressed the other day, and are strongly of opinion that the whole system of pipe's should be tested with as little delay as possible.