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THE POLICE COMMISSION.

THE COMMISSIONERS' REPORT. INCREASE OF STRENGTH ■ NECESSARY. •(From Our Own Correspondent.) WELLINGTON, September 6. The report of the Police Commission, with the evidence attached, is a bulky document of nearly 1300 pages. I forward 3 rou the material portions of the report: — The department has not kept pace with the growth of the colony in population and settlement. To meet present requirements a considerable increase is necessary, notwithstanding that 60 men have been added during the past two years. In each of the large towns the number of constables on street duty is, in the opinion of tho local inspectors, below requirements, while there is no reserve to fill temporary vacancies eaused by men being employed on special duty, such as the escort of prisoners; attending courts, races, public gatherings, etc ; absence on leave; sickness. These duties seriously reduce the number of men available for ordinary street duty, so that the "beats" in the cities are frequently unfilled. . ■ - _ The evidence shows it not to be an unusual circumstance for the number of constables on street duty to be about half the number required to occupy.the "beats" of the cities; indeed, in all the towns visited we heard of "beats" not being filled. It is absolutely necessary for efficient police supervision that the " beats " should not be too.large, ar.d that they should be occupied, and to secure this there ought to be a reserve of at least 10 men and one sergeant at each of the four chief towns; and to'meet the requirements of the Imaller towns and country districts not loss than 10 additional men should be at the disposal of the commissioner, to be located as he may deem advisable. There are (some suburban districts with from five hundred to a thousand inhabitants having no constable within miles of them. The detectives in the force are fairly capable men, but the number at some stations is insufficient. . . Infirm Members.—There are in the force aged and infirm men .who have reached the age at which they are no longer efficient, but who are apparently retained because those in command of them have been unwilling to take action which would result in their being removed from a position on which they depend for their living.. The regulation, No. 10, by ■ which officers were required to retire at the see of. 65 and other members' of the force at 60 having been revoked, in 1888, retirement ftt a given age is not now compulsory, and in the absence of any retiring allowance, men hold to their office as long as possible. A compassionate allowance, is made in, cases of men.declared by a MedieaMioard unfit to be retained in the force, and also under some special circumstances, but :no right to it exists. • . ... ■ .. Promotions.—The reUirn of promotions, which' will be found in the appendix, shows, mat1 during the years 1891 to 1897 only one constable was raised'to the rank of sergeant, whilej promotion from class; to class was very slow. In some cases promotion was barred by records upon constables' defaulters' sheet of trivial offences committed many years before, the result of' inquiries conducted in a manner which placed the constable at a great disadvantage. The effect of this has been to greatly discourage tho men, produce discontent, and reduce to a minimum the esprit of the force. . i .' Transfers.—While there hais been so little promotion, there have been necessarily many transfers from station to station, many of which were not acceptable to the men concerned, while others had been eagerly sought for.' . . .

- Outside Offices.—Many offices under the Go- ' vernment and local bodies whiph impose duties outside those of a police officer are held by constables at out-stations, the emoluments of which vary considerably, as do also the conveniences and expenses of life.at different stations, consequently strong efforts are made to secure the better, stations, success in the obtaining of which gives rise to jealousy and dissatisfaction, founded "on a suspicion that unfair, means have been resorted to to obtain them. The holding of these offices puts the constable in' the position of having to serve many masters, while the work interferes at times with his police duties. These offices are as follows:—Under General Government— Clerk of the magistrate's court, clerk of. warden's court, bailiff, receiver of gold revenue,', raining registrars) agent of the Public Trustee; registrar'of births, etc., registrar of electors, inspector of factories; inspector of weights and measures, labour agents, collector of statistic?. Under local bodies—Clerk of licensing committee, registrar of dogs, inspector of nuisances, poundkeeper, ranger, inspector of slaughterhouses, inspector, of kerosene storfs. It is jilbiectionable,; for, many reasonß, that, constables 4should hold these offices, and is only excusable on the ground that the .constable, being paid less for the work than anyone else would be, it is economical. There are, how-ever,-localities in'which a constable is stationed for special reasons where, but for these offices, he would have but little'to do, and the objection to them being held does not so strongly apply. We are of opinion that the office of clerk of the court snould not be held by a constable where the civil plaints exceed, Fay, one hundredin number for a year, on the ground that it must interfere with his police duty. Connection Between Police and Permanent ■ Artillery.—A close connection exists between the civil police and the Permanent Artillery, from the fact that members of the latter, body, on joining the police, h»ve to answer in the affirmative the questions: "Are you willing to undergo a course of 10 days' drill annually?" For two years an effort was made to keep up this drill, but it was found to interfere so seriously with"poliee arrangements that it haß been discontinued. The commander of the ' forces informs us that although he has on two occasions called for the Permanent Artillery men in the Police Force to appear for drill, they have not been able to do so. as they could not. be spared., In some instances, under the supposed authority of section 75 of "The Defence Act, 1876, members of the Permanent Artillery have been employed on ordinary police street duty, a duty for which they are'quite untrained. We think it very important that the respective duties of the two bodies should be clearly defined. Discipline.—We find a considerable want of that strictness if discipline which is essential in.a force for such as the police. This is evidenced by the demeanour and behaviour of men more or less in all the districts, but we were most struck with it at Christchurch, Napier, and Auckland. Throughout the colony we observed a bad habit which the constables have of gossiping while on "beat" duty. This want of discipline is probably attributable to a great extent to the want of efficient supervision by sergeants—a class until quite recently very much below, and still below, the number required—arid to the large number o{ yourig untrained constables. In Auckland, ' the senior constable of 10 on night duty for a month- was one of just two years', service. Young constables, newly enrolled, are placed on -street duty without preliminary training. T?or a time a constable of longer service accompanies the new man on his beat, but this ■training is insufficient. By circular of the 30th April, 1896, an order was given that all constables available should be instructed and catechised weekly by non-commissioned officers on subjects appertaining to police duties, and that inspectors should themselves give a lecture monthly to ail their subordinates-avail-able, and catechise them on the duties they have to perform. But this instruction has not been carried out in a systematic manner. The nearest approach to a proper execution eof the order hag been in Wellington. The result is that important and responsible duties are on- , trusted to inexperienced men not trained to ; , * perform them.

POLITICAL INFLUENCE. ■ There undoubtedly existed'.until very recently .a strong feeling in the force, and it probably still lingers, that to secure promotions of appointment to a good station—that is, one iat which the emoluments for extra duties are considerable, the cost of living low, and the : quarters good—it was necessary ; to have recourse to influence outside the Police department, and that, in order to reach the Minister at the head of the department, it was desirable to obtain the assistance of some member of the Legislature or friend of the Minister; and, acting on that opinion, this influence has heon resorted to in many cases. The practice is r not of recent origin—it has been in existence more or less sineo the abolition of the provinces, and'under successive Ministries. The influenco thus invoked, so far as our inquiries have enabled us to ascertain, has been exercised more frequently with a view to remedy a supposed wrong or injustice than to obtain special favour in the way of preferment, and without (much success; but that it has been used with both objects is established by the evidence we have taken. In no case, however, has" it been proved that political services were urged or suggested as the ground for consideration or preferment. In the majority of the caces which have come under our notice the Minister appealed to has replied firmly 'that the arrangements of the department could not be altered. In a few cases only the concession asked for was granted. The late commissioner (Colonel Hume) has informed us that letters marked "private" are not put on the file, but are usually destroyed, and are therefore not producable. We can consequently form no opinion as to the extent to which influence used in this way may have been successful in securing the advancement of member3 of the force. That such influence lias been used we can have no doubt •-it is'used in every service and every State. "As illustrative of the point to. which reliance upon support from outside the department has reached, one inspector (Pardy) stated that a constable had told him that he had sufficient ;nPvn:iee to overrule him and the com- .' , .:'■' ; and a member of the Legisla-

tivo Council told us that he had been many times applied to by policemen and their friends for his assistance, and had written or wired to Ministers about them. He also stated to us that on one occasion a constable had taken two. telegrams already written'and addressed to the Minister or to the commissioner for his signature, and that ho had signed one of them. He added that it did not secure its object.

The promotions made during the latter part of last year arid the beginning of this y?ar liavo dono much to create a more contented and hopeful spirit in the force, and we have no doubt'will tend to destroy the feeling that outside influence is necessary for advancement.

It is of the highest importance, in order to secure efficiency and proper discipline, that this feeling should cease to exist, and that men should realise that promotion depends on their efficiency and tho good opinion of their own officers, and it should be regarded as the duty of all prominent men, politicians especially, to abstain from using their influence on behalf of members of the force, and not encourage them to break one of the police regulations, and so expose themsolves to punishment; but so long as the internal affairs of the force are under the personal control of a Minister it is probable the influence referred to will be brought to bear upon him. ALLEGED SECTARIAN INFLUENCE. It has been stated in evidence that members of the force of the Roman Catholic faith are in charge of the majority of tho out-stations, and it has been suggested that they have been favoured by inspectors of that creed. The returns show that 101 .Roman Catholics are in charge of out-stations, and 134- Protestants. The suggestion that the members of the Roman Catholic Church have been specially favoured appears to us to bo unsupported by facts. A large proportion of those who joined the force many years ago, and who are now in charge of stations, were men who had been members of the Irish Constabulary, who in process of time have become senior members of the force, and are numbered amongst its most efficient constables. Of the inspectors four are Roman Catholics and three Protestants. The proportion of Roman; Catholics holding stations is 42.9 per cent., while the percentage of Roman Catholics in the -force is 41.6. EMICIENOT AS SHOWN BY CRIME RETURNS. Notwithstanding all that we have referred to, the work of the police has been fairly satisfactory in the detection of crime and tho preservation of order, ■ [A table is appended showing the number of crimes and number of arrests I RECOMMENDATIONS. 'After careful inquiry into the present condition of the police force, its organisation, emoluments, and control, and into the several matters and things connected therewith referred to us, we submit tho following remarks and suggestions as tho result of a careful consideration of the evidence given before us and the suggestions made by a large number, of members. of the force of all grades and of various terms of service, speaking for themselves, or as delegates of men with whom they, serve. . . , , ' CONTROL. The control of the force being, as we have stated, given to your Excellency* by the statute .aire,uly quQted, it becomes a.department under the charge of your Excellency's Ministers. The effect of this has been, in our opinion, to give rise to the desire which wo have stated exists in the force to get behind the officers of the department at the Ministerial head, and has led to resort to political influence, which has-causod so much dissatisfaction to the men and to the executive officers of the department. It appears scarcely necessary that tho attention of a Minister of the Crown should be occupied with the internal arrangements of the police force; and wo submit, with all deference that, in our opinion, the Commissioner of Police, while controlled by the Minister as to the expenditure and be responsible to him, should have absolute authority as to all appointments, promotions, transfers, dismissals, and distribution of the ferce. The Commissioner of Police to be entrusted with the powers we are proposing should be a man of police experience and qualified for tho office, and we are of opinion that in the present Commissioner of Police the colony has an officer admirably suited for the position. SUB-INSPECTORS. We suggest the appointment of a class of sub-inspectors at a salary of £250, one of whom should be stationed in each of the districts. These officers would be qualified and fitted to inspect the out-stations or take charge of headquarters in the absence of the inspector, and would be available for relief duty in cases of emergency. SUB-DISTRICTS. We are aware that Mr Commissioner Tunbridgo has initiated a system of sub-districts, each comprising several out-stations, each subdistrict to be under tho charge of a sergeant. We strongly advise that this system should be carried out throughout the colony. • " It appears to' us a convenient way of securing frequent inspection of out-stations, without which no satisfactory discipline and efficiency can be secured. ■ : '•'': ■•'■•• BETrBESIENTS. For the sake of the efficiency of the force, | it is desirable that the retirement of constables and sergeants at tho age of 60-years should be compulsory, and of inspectors at'the age of 65 years, unless specially requested to retain qrhce. Wo do not consider it necessary, or advisable, that we should name the constables or sergeants whose services we consider should be dispensed with on this ground. The Commissioner of Police having accompanied us on pur journey through the colony, personally inspected the men, and having heard all the ovideneo adduced, is in a position to do this, and we recommend that his opinion be acted upon in the matter. With regard to inspectors, however, we find it to be our duty to make Bpecial recommendations! The inquiries made at Napier have satisfied us that Inspector Emerson is no longer fitted to hold Ins office. With age ho has lost the activity and energy of mind and body which are necessary for tho proper discharge of his duty; his conduct of lato has.been-in many respects unbefitting his position, arid ho has lost the necessary control of the men serving under him, and his services ought to be dispensed, with. Inspector Emerson, after having served with great credit in' the Koyal Irish Constabulary, joined the New Zealand Force in 186*, aiid has held the rank of inspector since 1868. As, an inspector he has done good service in times of war and peace. Wo, taking all the circumstances into consideration, recommend that ho be called upon to resign, and that on resignation- he be granted such retiring allowance as, having regard to the result of our inquiries at Napier, recorded in our special finding, concerning him, your responsible advisers may consider proper. At Auckland and at Christchurch we found the discipline very lax, and a want of close personal supervision and knowledge of the men which we consider essential.on the part of the inspectors.. '■. Inspector Hiekson has.served as inspector I for 26 years, and has been a valuable and efficient officer, but, by reason of ago, has lost the enorgy and capacity necessary'for charge of such a district as Auckland, the area of which' is very large, and comprises 52 outstations, some of which ho has not vieited at all, and others but seldom, during tho five years he has been in charge of the district. In our opinion, with a view to the efficiency of tho force, Inspector Hiekson should be called upon to resign.and on his doing so be granted tho usual retiring allowance. '

Inspector Broham does not appear to us to have that interest in the details of his duties which is desirable, and, contrasting the stateof efficiency and discipline of the force in his district with that of Wellington and Dunedin, we are convinced that the fault is greatly due to the want of vigilant supervision by Inspector Broham, and we recommend that his attention bo called to tho .necessity for more personal energy in the supervision of the men under his charge in town and country, and in the enforcement of the rules and orders regulating the force.

We recommend the establishment of a central depot at "Wellington for the training of recruits for'the colony. This is :a matter which we regard as being of the highest, importance. It is unfair to the constable, as well as to the public, that he should be put on street duty without preliminary training, as is now done. He is armed with much power, and his ignorant vise of it may cause serious mischief to the public and. himself. Fortunately, those cases which have bean brought to our knowledge in which constables so erred have not beon of a grave character. The departmental records show that a number of irregular' appointments were made to the force in contravention of the regulations limiting the selectionI'of recruits to members of the Permanent Artillery. Most of them were made after it was found that this system had broken down. There appears to have been no injustice done, as there wore no men available at the time inthat body, who might have complained of being passed over. The commander of the forces tells us tbat the system of enrolling men for the police from the Permanent Artillery is most unsatisfactory from hie'point of view, as it deprives the military forces of many of its best men, whom it has taken a long time to train, and the benefit of whose training is lost to the colony in consequence, their gun practice not being kept up. It was arranged that they should have 10 days' drill annually, but they havo not been able to attend in consequence of the extent to which their absence would weaken the Police Force. We are of opinion that recruiting for the police should be from tho general public, and not from any military body; but, taking into consideration the fact that .eomo men may have joiued the.Permanent Artillery with the view of entering tho Police Force, we feel it would be right that the opportunity should be given them of doing so, and suggest that all who desire so to do should be called upon to send in their applications by a .date to be appointed, after which none should be received. Their admission to the Police Force should'be dependent upon the commissioner of police being^ satisfied as to their suitability.

, We recommend that tho present standard height of sft 9in be maintained, with a chest measurement, of 38in.

Detectives.—Wo consider it desirable that the present' regulations limiting the choice of men for tho detective branch to members of tho Polico Force should be abolished, and that tho commissioner havo the power to appoint any person he may consider suitable to be a detective; notwithstanding he may not have served in the force, provided he has passed the examination required to bo passed as constables. The commissioner should have power to appoint any detective to be chief detective at any station.

Promotions from the rank of constable to that of sergeant should be on the ground of personal fitnes3, combined with efficient police service, and not on the ground of seniority alone. Seniority should bo taken into consideration only when other things are equal. Cases of exceptional zeal and ability in tho prevention Or detection of crime, or special ability in . other branches of the service should bo ground for this promotion, but no constable shall be appointed a sergeant until he shall have passed an examination in the law of evidence and the elements of criminal law. The examination should not bo' competitive. All promotions should bo absolutely at the discretion of the commissioner, and notified in tho Police Gazette. We recommend abolition of the rank of sergeantmajor. , , . . Abolition of Classes. —The existing division of each rank into classes has been the causo of much discontent and jealousy. Its object is to hold out a prospect of obtaining an increase of pav by promotion from one class to another in the rank to which the member of the force belongs: but, in the absence of any rule governing these promotions, it has given rise to the greatest dissatisfaction. Tho abolition of classes and an increase of pay with'length of service will secure a uniformity of salary throughout the forco commensurate with length of service. \v e, therefore, strongly recommend that classes in all ranks bo abolished. Transfers. —The removal of police officers from one placo to another is a necessity of the service. Transfers at intervals of five years, or less, in eases of particularly unfavourable stations, would give each officer-in-charge a share of the good and bad stations, instead of as at presont men remainingat one station, oood or bad, as the case may be, 15 or 20 years. Frequent removals, of course, involve expense, but wo are-satisfied tho expenditure will be for the benefit of tho pubic and the force. Uniforms.—We aro of opinion that sergeants and constables should be supplieu with uniforms free, as in the case of prison warBicycles.—We recommend that tho use of bicycles by the police should be encouraged, as they have boon proved to be of great assistance in police work. In suburban and country districts, where tho police are few and far between, they aro of especial usefulness, and in some casc3 have been provided by constables in charge of stations at their own cost. It is desirable that in cases where they can be used with advantage they should be supplied, and that all machines, including those provided by constables and used on police duty which may be damaged in the service, should be repaired ai the cost of the department. ■ .. Police Surgeons. —Police surgeons should be appointed by tho department at fixed salaries. They should attend sick constables, sergeants in barracks or other quarters within certain areas, and give medical certificates in cases that require them. They should also attend police-cell cases when required, and render such other medical service as may be arranged in connection with the pension system or otherwise. ■

INQUIRIES. There is a rankling sense of injustice felt by some constables owing to records of offences being on their defaulters' shoots, in respect of which they have not had a fair trial. Somo go as far as" to say that they have not beori aware of their records until the sheets were produced to your commissioners. We are satisfied that in many cases tlio men have good .grounds for complaint. Investigations were, a few years back, conducted in a perfunctory way, and tho inspector, in many instances, was the prosecutor and judge combined: But few instances of this have taken place in recent years; but that inspectors not now in the force have behaved in a despotic manner we have no doubt, and the ovil results of their acts still remain. It is very desirable that there should be a feeling amongst the members of the force that punishments are imposed only after a fair trial. We recommend that when an inspector is conducting an inquiry tho evidence in every case be taken in writing and signed by tho witnesses; that a copy of the decision should -be given to the sergeant or constable immediately after •it is deliveredj and that it.should state, in the case of a conviction, whether or not it is to .be recorded on his defaulter's sheet. Should the constable or sergeant desire to appeal against the inspector's decision, he should have the right of appeal to tho commissioner. In tho event of appeal the evidence should be .taken on oath before a stipendiary magistrate, and forwarded to the commissioner with a report by him on the case. This would give the commissioner tho advantage of having evidence taken on oath, and the case presonteel to him from the point of view of a man trained in the laws of evidence aud\ wholly disinterested, on which to form hie judgment, without in any way interfering with his discretion, as the final decision should rest with him. The record of trivial offences on a contable's defaulter's sheet should be cancelled after five years' good conduct. RETIRING ALLOWANCE. Although there is no allowance on retirement as a right, it has been the practice for years to grant constables an amount not exceeding one year's" pay as compassionate allowance, and in the case of inspectors up to two years' pay. It is desirable to introduce a regulation for bidding all members of the force, and especially detectives, from giving unauthoriesd information relating to police matters to the press. Any information to bo given to the press should be given by the officer in charge of the station, and no one else. Relieving Allowances. —Some dissatisfaction exists in the force in respect of the travelling allowances made to constables on relief duty. Formerly, under regulation 239,. they were paid their actual expenses, but that regulation has been altered, and single men now receive Is pd per day and married men 3b. They complain that after allowing for tho ordinary cost of their mess they have to iiay more than they receive. We have no doubt that this is so, and recommend that the allowance be made 2s 6d per day to both married and single. IWe eeo, no reason why the allowance'to married men should be more than to single men. POLICE QUARTERS AND CELLS. The police stations at Wellington, _ Auckland, and Invercargill roquire immediate attention. At Auckland new barracks are about to be erected,: which will provide the necessary and proper accommodation for the men, but the building used as the police station is quite unsuitable and very inconvenient. At Wellington the accommodation is insufficient for the men, and the conveniences and lavatories very deficient, tho walls stained, and the plaster broken. At Invercargill tho station offices aro so, bad that they ought to be at oneo pulled down and a new building erected. At Oamaru there is want of more accommodation, and a mess room is much needed there. In consequence of this want, the constables have been boarding at hotels, which is very objectionable. Tho condition of the police cells, generally has been brought under our notice by soveral witnesses, and wo have personally inspected the cells at each place we have visited. The evidence of the witnesses and our observations require that we should represent the urgent need for change in the manner of treating persons held in custody in respect of charges of wliich they may not be proved guilty. The treatment of such persons contrasts very unfavourably with that of convicted criminals. It appears to be considered that, because occupants of the colls are unfortunate drunkards and outcasts, any place in which they can be Eafely /secured is all that is required. The great majority of the cells are, when closed, little better than dark rooms, ventilated by a few perforations in the wall, without any resting place but the floor, and from which access to proper sanitary arrangements is practically barred. There is a regulation that not more than three persons are to be confined in a cell at one time unless unavoidable, but we find that it is not a very unusual circumstance for more than the prescribed number to occupy them, and on such occasions the atmosphere becomes sickening. People arrested on Saturday who are detained until Monday suffer considerably, , and women, we are informed, suffer especially. We earnestly recommend that steps be taken to provide proper ventilation and light in all police cells; that some ar- . rangemonts be carried out to give means of access to proper sanitary conveniences; that hammocks—such as are supplied to prisoners in gaols—be provided at the cells for those in a condition to use them, and a seat or bench on which to rest,by day.

The constables of the New Zealand Police Force are not only paid the lowest rates, but receive none of the other advantages enjoyed by the members of the forces in the neighbouring colonies. Constables complain that the pay is insufficient, and that after paying for uniforms and life insurance there is no margin for saving, and that in the case of married constables with children, it keeps them in poverty. We believe these statements represent the actual fact, and it is one which operates Etrongly against the efficiency of the force. It is true there are many applications for admission, but if it is desirable —aB we are convinced it is—to secure for the Police Force respectable and able young men, who will enter it with an honest intention of doing their duty and making it a life's work, the rate ought to be higher. Taking into consideration the wage paid in this country for ordinary labour and the lower mechanical arts, the character of tho work performed by

the police, the responsible nature of their duties, and the class of men, and tho educational standard necessary for the proper performance of those duties, we recommend that the rates, subject to a deduction of 5 per cent, towards a pension fund, be as follows: — Constables, on joining, 7s a day; after five yoars' service, 7s 6d; after 10 years, 8s; after 15 years, Bs' 6d; after 20 years, 9s. Sergeants, on appointment, 9s 6d; after three years, 10s; after six years, 10s 6d; 12 years, 11s.

Detectives, on appointment, 9s 6d; after three yearß, 10s 6d; six years, 12s; nine years, 13s 6d, with a special allowance of Is per day to constables employed on plain clothes duty. District clerks to bo. rewarded by special allowance of Is per day. . Inspectors, on anpointment, to receive £300 a year, with an increase of £25 every three years of service up to a maximum of £400. Sub-inspectors, £250, with an increase of £10 every three years to a maximum of £280. Married constables to have a house allow ance of 8s a week after throe years' service; and the present allowance of 10s a week be continued to married sergeants. • Widowers with families to receive the same house allowance as married men. PENSIONS. Tho Police Force differs from ether branches of the public service. Policemen for many years havo to do dreary night duty, and it appears from the evidence that although they aro generally men of superior physical development, there is a tendency to break down at an age at which other Government employees are still vigorous. Their occupation exposes them to groat risks of injury and disablement. The duty of a policeman appears to unfit him for any other kind of work, and no must retire at a comparatively early age if the force is.to bo an efficient one! For theee reasons we strongly recommend the establishment of a, police, pension system, such as . exists in connection with the Police Force of other colonies. In making this recommendation we may be going against public opinion, as no other department of the public service now enjoys this advantage: but tho special conditions of (he police service appears to us to justify and roquire it. We suggest the following as sources from which pension funds could bo formed:—(l) Deductions of 5 per cent, from all police officers' salaries; (2) all emoluments being derived from offices outside the police, less money out of pocket; (3) contributions from Government departments for which the police do work, approximately commonsurate with tho work done; (4) fines for breaches of the police regulations; (5) interest on the amounts standing to the credit of the reward fund with tho Public Trustee; (6) contributions from tho State of an approximate sum to the amount which would become payable to the present members of the force as compassionate allowance under tho present system, or an annual payment of tho sum required to meet any domands beyond what the income of the fund will provide; (7) if considered advisable, the amount of penalties recovered from offendors under the licensing law, gambling laws, and Police Offences Act. Wo submit a scheme for retiring allowances and pension founded upon the ovidence of officers of all ranks in tho force, and upon the systems in existence in connection with the police services in England, Ireland, Australia, and other parts of the empire. If the pension Bystem cannot bo adopted, then wo recommend that a retiring allowance similar to that now granted to prison warders—viz., one month's pay for eacli year of service—be given to all members of the force whoeo services are dispensed with, or who may bo medically certified to be permanently unfit for duty, instead of the special grants which are now in most casos made as compassionate allowances. Tho adoption of these recommendations and the increase of tho force proposed will involve additional expenditure on the Police Force, but we are quite convinced it niust bo incurred if the colony desires to have a Police Force characterised by vitality and earnestness opposed to one in which the duties are performed in a perfunctory manner without heart or onthusiaam.^ We recommend that rewards for special police service such as detection of crimes should be by shortening of the period required to be served before tho next increase of pay accrues. In all cases tho recommendation for a reward should omanate from an inspector without personal application by the officer whom it may be considered due. Minor breaches of the regulations should be by fine, but for more serious offences not calling for dismissal by putting an offender back in his service time, or disrating him. The decision' of the Commissioner of Police should be final in all cases of rowards and punishments. In view of the inoreaso of pay and allowances now recommended, and with a view to assisting the maintenance of tho proposed police pension fund, wo recommend that all emoluments attached to offices held by constables, not within the duties of a police ufficer, except so much as shall represent money out of pocket, shall be paid into the pension fund. GENERAL CONDUCT. Concerning tho general conduct, sobriety, and morality of tho members of the force, a great amount of ovidence has been taken on charges against individual constables and on a general charge against the force as a whole. No time was fixed by us in which the conduct of any members/should not be investigated, as it was felt that such a limitation might be construed into a desire to. shield somo unworthy member of "tho force. We considered that the purging of the force of such persons, if they existed, should be one of the results of our inquiry, and therefore permitted the past character of any such officer now in the force to bo investigated fully. The general conduct of the force, taken as a whole, has been good. It is doubtful if any other body of men, numbering so many, would bear the searching investigation the force has undergone without | as many or more instances of neglect of duty or lapses from good conduct coming to light than have during our inquiry. The records of the department, however, show that there are a few men in the force who have brought discredit on it. These men have been repeatedly punished-for various breaches of the regulations, and it is to be regretted that they h^vo been allowed to remain in the force. Their presence must havo furnished a bad example to others, as thoir records appear to be known by all the men. These offences have not been of recent dato, and as the mon have been dealt with and punished, and appear to be now behaving properly, we do not thinkwe should mention their names, no charge having been brought against them before us ; but we consider their continuance in the force should only be permitted while their conduct is irreproachable. Any future transgression, however slight, should at once be taken advantage of to get rid of them. A past such as theirs requires a long course of conduct to expiate it. Should the commissioner consider that, in the interests of discipline, such men's services should be dispensed with, even without any fresh, lapse on their part, ho should have a perfectly free hand in dealing with them. , Tho offences mostly dwelt upon by those who brought charges against tho force was drunkenness. This is properly considered a serious police offence. .. . There appears to have been an excess of indulgence in dealing with this offence. Men have beon dismissed on account of drunkenness, and have been reinstated, owing to pressure being brought to boar on the Minister in charge of the department. The having a large family to provide for, tho general unfitness of tho man for any other occupation, his previous good conduct, and'his steadiness since his dismissal have been the reasons urged by those seeking his reinstatement. - We are reluctant to condemn tho exercise of mercy, but it is dangerous to discipline, to indulge in it. A man when dismissed from the force should understand that ho is not to enter it again. Dismissal should be final. No direct complaint of immorality or misconduct in connection with immorality was made to us. The eases in which a constable was adjiidged the putative father of an illegitimato child are very few. In view of the fact that the force is largely comprised of young, vigorous, unmarried men, a considerable number of whom havo passed into the police from the,military force, we are surprised more cases of this kind havo not come to our knowledge, as they probably exist. At present there is no police, regulation directly relating to immoral conduct, and one should be framed making adjudication of paternity of illegitimate children, or other immoral conduct, ground for dismissal. , EFFICIENCY. We propose now to deal with the question of the efficiency of the Police Force in respect to the enforcement of the laws relating to the sale of liquors, gambling, prostitution, and neglected children, as to which complaint is made,, and in doing so'shall deal with the subject in its general aspect, without referring, except where it may appear necessary, to individual cases which havo been brought under our notice. Such cases will be dealt with separately. In treating of this part of our report, it appears to us that, while pointing out certain matters which, in our opinion, have tended, and do tend, to affect injuriously the power of the police to enforce tho laws of the colony, it come3 within the scope of our commission to offer suggestions for sucli amendment of the law as may enable the police more effectually to enforce them. We hope therefore, in so doing, we shall not be considered to bo going outside our duty. LIOENSING: LAWS. A large amount of evidence has been produced to.Bhow that the sale of liquor during prohibited hours is practised by hotelkeepera in spite of the provisions of tho licensing laws. We are satisfied that this practice is pretty general throughout tho colony, although not to the extent those who are hostile to the liquor trade assert. A return which will be found in tho appendix, showing the number of arrests for drunkenness on Sundays, indicates that comparatively few persons obtain liquor on Sundays from hotels or private sources in sufficient quantities to bring about intoxication. We do not think that those who charge the police with negligence in enforcing the observance of the'lfiw relating to the Bale of

liquor properly appreciate the difficulties they have to. contend with. There is a very general unwillingness on the part of persons who induce hotelkeepers to break the law to give evidence against them; and yet it is generally on such persons the police must rely for evidence to support their information.' The police visit licensed houses in towns on Sundays, but their approach is in many oases announced by sentries,. secret electric bells, and telephonic.communication being usod for the purpose. ■'. i '.:■.- As the law now stands, it is no offence to be in a hotel on Sunday, or at any time during closing hours. Drink may be sold to a lodger, who may supply his guests, and travellers may obtain refreshment on arrival from a journey. When the police enter a hotel thoy may find a, number of persons therein, and actually witness tho consumption of liquor ; but if a lod or will say he was treating those present as his guests, and the police cannot prove tlio contrary, it would be useless,to prosecute. Strong inducement, to publicans to resort to perjury in defending such cases is the severe nature of the penalties imposed by the Licensing Act. Endorsement must follow a conviction for certain offences. Many hotel leases contain a provision for forfeiUire in case of endorsement of the license, and this may involve a loss of hundreds, or oven thousands of pounds to the licensee. Tho ovidence may, and often does, show that tlio offeneo is merely a technical one, or possibly due to the carelessness of a servant. In such cases, and in all first offences, a discretion should be given to the magistrate whether or not an endorsement should follow a conviction. The monetary ponaltiesrfor such offences might be considerably increased. Endorsement is in many cases a punishment out of all proportion to the offence, and magistrates,must feel a reluctance to convict when it curries such a penalty. . Somo startling facts were brought under our notice as tho result of tjjo observations of persons who "watched" Various licensed houses on Sundays, which undoubtedly indicate that a largo Sunday trade is carried on. The number of persons who entered those houses, counted between B'a. m. and 8 p.m., is said to have amounted in one ease to 200; in another 250. Tho houses referred to are not hotels at which a largo number of boarders reside, and, after making allowance for boarders, members of the licensee's family, thoso who enter to obtain meals and for other legitimate purposes, there is no doubt whatever in our minds that a large number of those who entered did so for the purpose of obtaining liquor. Whether they succecdod we do not know, and tho entry of the premises is not, as we havo pointed out, illegal. We are of opinion that the law should be amended in the direction of prohibiting during closing hours the supply of any liquor for consumption by the guest of a boarder, except with meals, and making all persons, other than bona fide travellers, lodgers, and members of the holelkeeper's family and servants, found on licensed premises at, prohibited hours, without reasonable excuse; liable to a penalty as provided by section 25 of the English Act. That section, altered as proposed by us, will road as follows :—" If during any period during which any premises are required under tho provisions of Ull3 act to bo closed any person is found on such premises, ho shall, unless ho satisfies the court that ho has reasonable excuse for being thereon, bo liablo to a penalty not exceeding £2. Any constablo may demand the name and address of any person found on any promises during tho period during which they are required by the provisions of this act to be closed; and if ho has reasonable grounds to suppose tiiat tho name or address givon is false, may, if such person fail upon such demand to give his name or address, or gives a false name or address, apprehend liim without warrant, and take him as soon as practicable befcro a justice of the peace. Any person required by a constable undor this section to give his name and address who fails to give the Eame, or gives a false name or address, or gives false evidence with respect to such name and addross, shall be liablo to a penalty not exceeding £5." The circumstances of the colony appear to require the slight modification of tliis section we proposo by the insertion of the provision for reasonable excuse. The hotel in this country is often tlio only placo where peoplo can meet their visiting friends, ami it would be a great inconvenience if their doing so on Sundays was prohibited by making a Ixma fide traveller liablo to a penalty. At some places in the colony, in consequenco of tidal rivers and other causes, intending travellers by sea and land havo often to wait for steamers, coaches, and other vehicles at hotels, in the absence of other suitable accommodation, until long after the hour fixed for closing. Such cases as these appear to require tho modification of tho English act suggested, but tho onus of proof of "reasonable excuse" must be on the party claiming it, and what is a "reasonable oxcuse" should bo a question of fact to bo determined by tho magistrate trying the case. If tlio existing law is amended as now indicated, tho power of tho police to enforce the observance of the law relating to hours of closing would bo greatly augmented.

Taking into consideration tlie difficulties tho ]:olieo have in proving breaches of the licensing laws in licensed houses, we consider they, have been fairly successful. It is quite certain that numerous offences under these acts are committed'which are not detected, and of which probably many could be detected with more vigilance on the part of the police; but any want of vigilance which may exist, or has existed, cannot, in our opinion, be attributed to the heads of tho department. We are satisfied th» late commissioner haa done nothing to check the mon in tlie performance of their duty ia the matter, but, on the contrary, has ercouraged vigilance in respect of it. It has been suggested that constables who were energetic in prosecutions against holelkeepers suffered—that they, by the influence of those they had prosecuted, had been removed to I other stations, and sometimes to leas advantageous positions; but tlie evidence adduced does not establish tliis. It is true men have been transferred in some cases shortly after such prosecutions, but such removals have been shown to have been generally to the bonefit of the constables. Although hotelkeopers have complained of what thoy thought sharp work on the part of constables, and have threatened to use their influence to get them removed, and although there are several cases in which a strong impression was created in tlio minds df some members of the force Chat their removal was tlio consequence of publicans' influence, yet in no caso has it been proved that the removal took place as the result of their action. The existence of tho system of " no licenses " in the Clutha district and the King Country has developed a numerous class of sly grogsellers, whose defiance of the law has called for unusual action on the part of the police. SLY GKOG-SELLING. Tho difficulties already referred to in respect to prosecutions for selling after hours and on Sundays oxist and are greater in cases of sly grog-selling. Usually, persons breaking the law in this way in districts where alcoholic refreshment is rot otherwise obtainable are ' regarded by those obtaining it as benefactors, and they are most unwilling to givo evidence against them. Such sales are usually in private, and tlie difficulty of obtaining ovidence on which to secure conviction is in consequence very great. The police, after using all ordinary methods, have had recourse to a system which is strongly condemned by many persons. Wo refer to a system of docoption. Constables have, under instructions, assumed false characters, and resorted to subterfuge to obtain the confidence of men with the intention of betraying them. We do not think it necessary that we should I express to your Excellency our opinion on | the. ethical question involved, but from a j poiieo point of view the course pursued has jjroved satisfactory. AVo are aware there are somo cases whicli may justify its uso, but express the hope that it will never become a recognised police system in this colony. In ely grog-selling, cases if purchasers as well as vendors wore by law made liable to a penalty it might tend to check the offence. It is true.it might increase the difficulty of getting the evidence of thoso persons, but if the power given by section 5 of "The Evidence Further Amendment Act, 1895," were exercised on thoir behalf it would relieve the witnesses of the consequences of their breach of the law. ' In the Clutha district, from October, 1894, Ito ' November, 1897, the police prosecutions for sly grog-selling numbered 68, and resulted in 23 convictions, the fines amounting to £645. In the face of this, some witnesses at Balclutha charged the police with wilful neglect of duly, alleging.that many more convictions could have been obtained if more persistent efforts had beon made. On the evidence adduced we have formed the opinion that the action of the police in the Clutha district was earnest and effective, and the censure undeserved. Those who complain do not appear to realise that every conviction is. followed by more caution and circumspection on the part of offenders, and consequently subsequent conviotions are more difficult to securo No prosecutions wero initiated for those offences in Clutha by any outside the Police Force. The complainants against the police took no steps themselves, but vigorously urged the police to action, and often, by their public proceedings, with this object, must have put offenders on their guard, and incroased the difficulty of detecting breaches Every reasonable inducement has been offered by the department to constables to use vigilance in discovering offenders, and liberal money rewards have beon given to those on whose information conviotions have been obtained. Money has not been spared, but it is evident it should not be too liberally spent for this purpose, lest it induce crime of a more serious oharacter. In the district known as the King Country, in which tho Maori population preponderates, and in which no licensed houses have existed (except one licensed brewery), the illicit Eale of liquor has long been carried on. Last year a more carefully organised effort was made, which resulted in 83 prosecutions, on which 67 convictions were obtained, and fines and costs amounting to £631 were inflicted, and

12 .sentenced to imprisonment without' the option of a fine: But sly grog-selling undoubtedly continues to be carried on extensively.- The quality of the liquor sold is very bad and the effect mischievous. Although tlio Native population preponderates there is a largo scattered European population, and it is a matter for serious consideration whether it would not conduce to tho welfare of the people and to their observance of the law if licensed iiouses, existed in their neighbourhood at which reasonably good liquor could be obtained undor proper regulations and control. AVe are not called upon to express an opinion on this as a'social question, but we are satisfied, although no evidence has been given on the subject, that the present condition of tilings must havo tho effect of leading many persons, Natives especially, to regard the laws of the colony with but little respect, and that I they feel justified in using dishonest means to evade detection, when they find deception used to detect breaches of tho law. . Tho alternative would bo to make it a prohibited district, so that section 33 of the " Alcoholic Liquors Sale Contra! Act, 1f95," should apply. The party known as prohibitionists have' mado the condition of things in respect to sly grog-selling in Clutha and the King Country tbe_ ground of special complaint against tho police, and allege that the department is indifferent in .enforcing the law. and in sympathy with, tho liquor traffic. It must be remembered. ■ however unsatisfactory it may bo to thoso who desire absolutely to prevent tlio supply of liquor to any person, and wiio think they have obtained their object by the abolition of licenses, tiiat there are those to whom from constitution or habit alcoholic stimulant is necessary, or who regard it as necessary, and will haveit if obtainable, and sly grog-selling is the result. . Bel!ing liquor without a license is a statutory offence, and not a crime, and therefore not of supreme importance from a police point of view. To deal with all cases of sly o-rog-sellmg, and enforcotho strict observance of tho licensing laws in tlio manner desired by some who havo given evidence, would, until the sentiment of the community undergoes a considerable change, require the almost entire attention of a, police force larger than that which now- exists in the colony. No facts Have come before us which we consider justify condemnation of the Police department in connection with its action in regard to the liquor laws. Individual constables havo on occasions neglected their duty, but in all cases brought under our notico punishment in seme form has followed. GAMBLING. Gambling in the form of betting on horse races is very prevalent in the colony, the favourite mode here being on the licensed totabsator, which is legalised; while betting totalisator odds with unlicensed persons (known as " toto " betting) is illegal as aho is betting with minors. Tho police have been censured for negligence in respect of these illegal forms of betting. Wo find police action in the present state of the law is surrounded with difficulties. We are of opinion that the laws relating to gaming require amendment. If it is not desired to make betting wholly illegal, then tho practice of betting as an occupation, or in connection with any other business, should be made unlawful. With a view to diminish the nuisance of Btreet betting, we think that section 4 of " The Police Offences Act. 1884," should be amended by the addition of the following new subsection:—"Any two or more persons assembled together in any part of a street for the purpose of betting shall bo deemed to be obstructing the street, and bo liable to a penalty of not exceeding £10. or imprisonment not exceeding three months, with hard labour " ; or, as an alternative, so as to make any person who shall be found frequenting any public place for tho purpose of betting liable to the above penalty. BBOTHELS. The law as to brothels appears to be satisfactorily enforced. A considerable amount of prostitution undoubtedly exists, but where it has 'become a nuisance by the establishment of brothels, the police have taken action to suppress it. In Auckland the police appear to be under a special difficulty in obtaining convictions owing to tho existence of a by-law of the City Council which makes every inmate of a brothel liable to punishment, and willing witnesses eagerly take shelter behind it and refuse to give ovidence, on tho ground that no witness can bo compelled to incriminate himself. The class of prostitutes found in the streets, so long as they conduct themselves with decency, and "do not solicit," do not come within the power of the police, however offensive their presence may be to the public. In the coxirse of the ovidence given at Dunedin, to show neglect on the part of tho police in respect to the existence of brothels,' reference was made to a house in Asher's. Lane occupied by an old infirm woman, with whom two young girls (her daughters) were residing. We aro satisfied the witnosses were mistaken in attributing disgraceful conduct to these girls, and that neither the girls nor their mother wore tho persons the witnesses had in their minds and intended to refer to. We fee) that injustice may be done them by their names appearing in the evidence, and desiro to express the opinion that no misconduct on their part was proved. It is a matter for great regret that respectable citizens can bo found so ready to asperso the character of others without first making themselves acquainted with the facts, easily ascertainable. NEGLECTED CHILDREN. Wo are of opinion that the age at which children can be committed to the Industrial School should be raised. The age up to which children may now be committed is 15 years, and this is too low. The age of consent is now 16 years, and yet a girl between 25 and 161 years may be the associate of prostitutes without the police having power to rescue SPECIAL i'IMjiNGS. The findings on such complaints as were I brought before tho commission are appended i where they require special notico. The others are submitted in a schedule

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Otago Daily Times, Issue 11229, 27 September 1898, Page 3

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THE POLICE COMMISSION. Otago Daily Times, Issue 11229, 27 September 1898, Page 3

THE POLICE COMMISSION. Otago Daily Times, Issue 11229, 27 September 1898, Page 3