OUR DISTRICT JUDGE.

Otago Witness, Issue 1161, 28 February 1874, Page 1

OUR DISTRICT JUDGE.

It is now some two months since the rumour first got abroad that Mr Batiegate wns to be Mr Strobe's successor in the Dunedin Resident Magistrate's Court. With the very many who had only been able to form an estimate of the honourable gentleman's character from an acquaintance with his public utterances, the rumour was barely credited. It was those who knew him best who believed it might be true. There is a class of politicians regarding any one of whom were it said that he had accepted an office of emolument from the Government of the day, the people would simply say-f-".W^e knew he only went into the '"Hovtse to get a billet " Few, if any, Relieved that Mr Bathgate had such an object in view when he first wooed the electors of Dunedin. He was then the [% People's man." Did the working tsh'tSses want a champion, he was ready to break a lance on their behalf with all comers. Let him but have his own way, and he would show them how to out ugajmns and to create commonages. He protect the ground-down and ill-paid ! workmen of the Colony against their tyrannical employers. He gave utterance, too, to patriotic sentiments that touched many a heart. The result was, he was believed in, and the electors of Dunedin placed him at the top of the poll — giving him a greater number of votes than they gave to his stolid colleague, who now sits in the Customs Department, wondering if he too will lay hold of a plum if it falls in his way. In the hour of victory the hero of the day placed his hand upon his bosom and expressed his gratification at the result of the election, not only on account of the personal honour that had been conferred upon him, but because " he recognised it as a triumph in respect of those popular principles which he had endeavoured to expound." We shall nob attempt to trace MiBath gate's political career during the past three years. Suffice it to say he has within that period succeeded in eating all his own first principles, and — they have agreed with him. That career has now closed. Elevated to the Ministry, and placed in charge of the Department of " Justice," he was called upon many months ago to look out for a fitting successor to Mr Strode, who, the Government for some time were well aware, intended fco retire from the Bench at the end of 1873, The Resident Magistrate for Dunedin should be a man of unimpeachable character, his legal qualifications should be of a high order, and he should enter upon his duties possessed of the confidence of the Bar, All this, it is to be presumed, the Minister of Justice knew, and duly considered when casting about him for a good man. There were lawyers of experience and of good standing in the profession that he might select from, and there were in. telligent stipendiary magistrates, from amongst whom he would have had no difficulty in getting one who would have fulfilled the duties pf Resident

Magistrate for Dunedin in a creditable way. It is impossible to say when it dawned uoon him that he united in his

own person the very qualifications which the occupant of this post should possess. That this idea did dawn upon him some time or other we have now practical evidence. In working out this " happy thought " he must have convinced himself, moreovei', that there was no one else who would accept the office who possessed the necessary qualifications in the same degree that he himself did. There was still his own natural diffidence to ovei'come. So much had been said about Mr Gisbohne and the Commissionership of Annuities, and about the members of Assem bly who were not Ministers accepting | billets from the Government, that be no doubt thought, "Well, what will

people say if 1 give myself this appointment ?" But he must have thought of the other side of the question, and it was this thinking of the other side of the question that led him, no doubt, to believe the more in. his own merits.

It is not our wish to contend that Mr Bath gate does not possess any of the important qualifications which should be inherent m the occupant of the office which he has bestowed upon himself. That he has been a man of irreproachable character, and that he has been looked up to with respect by his fellow - citizens, we all know. Whether tho cii'cumstances which have attended his retirement from public life will have the effect of sullying his reputation, is a question everyone who knows the difference between right and wrong can decide for himself. That >iie has ability no one can deny. He is, moreover, a fluent speaker, and can express himself in well chosen language upon a variety of subjects. His address on the occasion of the Scott Centenary Banquet some, two or three I years ago was an effort > hich did him vast credib, and we doubt ij any abler speech was delivered upon the same topic by the many eminent men who performed the task of expatiating upon the career of the great Scottish novelist and poet in other parts of the world. Granting all this, it by no means follows that he is the best man that can be got to succeed Mr Strode ; nor does it follow that as a Minister of the Crown he was justified in l'ecommending himself for the post. Whether he has a judicial mind ; whether he has a tolerable acquaintance with the forms of Court ; and whether he has the necessaiy knowledge of law, are points concerning which no decided opinion can be formed until after the lapse of a few months. It may be that, contrary to the opinions of some, he will turn out an efficient and painstaking Magistrate; but whether Mr Bathgate has done the right thing in securing this position for himself is surely a question about which the public and the Press ure entitled to speak,

Timo was when tho people of New Zealand were justly proud of their statesmen. The.se latter gave their services freely for the public good, and when their Ministerial labours were over thoy retired into private life. But it has long beon notorious that, in othor Colonies, public men have entered political life mainly with the view of furthering their private ends. We doubt, however, whether the past histories of Victoria and New South Wales can furnish, any such scandalous instance of abuse of power as it is our misfortune to record to-day, It may be that, because we have at present a popular Premier, but little will be said against tho Ministry for allowing one of its members to retire into the Civil Service with a handsome salary ; but tho precedent will remain, i\nd unless there is a strong manifestation of public opinion against the action of the Government, tho eleotors will scarcely be justified in grumbling on tho mpgt occasion wb?n

a Minister receives a permanent office of emolument. In some respects, Mr Bathgate's appointment will be but a nine days' wonder ; but on the other hand, a serious injury will have been inflicted through it to the interests of the Colony which, we venture to say, will not have been eradicated when the time comes for him to retire from the Bench.