THE Evening Star. PUBLISHED DAILY AT FOUR O'CLOCK P.M. Resurrexi.` TUESDAY, OCTOBER 12, 1875.

Thames Star, Volume VII, Issue 2113, 12 October 1875, Page 2

THE Evening Star. PUBLISHED DAILY AT FOUR O'CLOCK P.M. Resurrexi.` TUESDAY, OCTOBER 12, 1875.

The Education Eate has more than once been treated of in these columns. We have invariably supported the same views which we at present hold, viz. s that the rate itself is unfair, and therefore objectionable, but that as long as it is legal it must be paid, though the sooner it ceases to be legal the better we shall be pleased. We have also animadverted on the conduct of those who, though able to pay, have arrogated to themselves the functions of law makers, and have refused to pay a rate on the simple ground that they disapproved o£ it. With such as these we have expressed our utter lack of sympathy. If able to obey a Jaw, their obedience was bound to follow their ability; and if that obedience was refused, die natural consequences were rightly borne by the transgressors. Thus much

for those who were able but yet un- j willing. The case of those who, though willing were yet unable, is one of a widely different nature, for when a man is punished not for what ho does, or does not do, but for what he is liteially unable to do, his case is entitled to sympathy on his own account as well as necessary to be commented on for the public good. Such a case has been bi'ought before our notice to-day. The facts given by the man himself were furnished to us by a correspondent on whpse integrity we can rely, and who is himself conversant with the man and his circumstances, ready to testify to his general good character, and prepared to corroborate as far as he may ihe facts themselves. Tke case is this: William Lomas, a miner who has no constant employment but subsists by doing odd jobs, has a wife and six children dependent on him for support. Looking at these demands his circumstances, even were he in constant work, couldnol be considered as very affluent. But unfortunately he is not. and has not been in constant work. We are of course told a man's time is his money, and some perhaps believe it. But, however, Lomas found that though he had the usual quantity of the one pressed into his day of twentyfour hours, yet he had very little of the other, so little in fact that when he was called upon to pay the education rate he was unable to do so. He was therefore summoned to Auckland ; but here again the exhausted exchequer which prevented his complying with the terms of the law in the first case, equally prevented his justifying himself in the Auckland Court in the second. Had it been possible for him to have appeared at the EM. Court here, he would have done so and much might have been spared ; but the Executive in its wisdom had decreed that "he must go to head quarters at Auckland, so to head quarters at Auckland he must go." Not being able to go, and knowing nothing of any appeal which might be made to the local committee, he did all that he was able to do, and that was —nothing. So on September 30th he found himself arrested on a warrant from Auckland at 1 p.m. He was then taken to Shortland lock-up until the steamer left, and at 4 p.m. marched down to the steamer with a man sent to Auckland for larceny. When on board the steamer he was handcuffed to this man, and remained so handcuffed until his arrival at the Auckland lock-up. On leaving Shortland a loaf of bread was given to him which was for the support of himself and his fellow prisoner until the next morning; if either wanted to eat this bread on the steamer —and it is reasonable to suppose that a man who had had nothing to eat since 1 p m., even if he had anything then, should feel rather hungry before breakfast time the next morning—he was obliged to gnaw at it with handcuffs on, or, as Loraas himself expresses it, " abstain." On the day after his arrival at Auckland he was again handcuffed and taken to Mount Eden Stocksde, where he concentrated his powers of mind and body on a little amateur stone-breaking, until last Friday morning, when he was released at 10.30., too late to return to his home on that day, even had he had money to pay his passage, which he had not; he was allowed, however, to work his passage down by the Enterprise on Friday night, and arrived, as may be supposed, with but scant respect for a law which punishes a man for sheer inability, and which finds it necessary to adopt such needlessly harsh, measures to assert its authority. Such is the tale we have heard—nay, more, such the facts we have written down before us. Many tales have two sides, and if there be another one to this which can set the actions of the powers that be really in a better light, we shall be happy to give it that publicity we think well to give this. As it at present stands, it certainly seems a perversion of equity which even such an anomalous enactment as the Education Act is unable to justify; wh le the unnecessary harshness —if not cruelty—on the part of the policeman charged with the warrant from Auckland is inexcusable even by the law itself. Surely there is no need, having once secured a man arrested on such a petty charge as non-payment often shillings or a pound, on board a steamer to keep him handcuffed all through the journey in case he should make his escape by swimming to the nearest shore, or afford another opportunity to an Auckland jury of returning a verdict oifelo de se by precipitating himself into the machinery. Mr Lusk, in a letter addressed to the papers concerning this very matter of committal to prison for non-payment of the education rale sometime since, informed us " that the utmost care has been taken to ascer tain that the persons who have been so dealt with (i.e., committed to prison^) were quite able to pay the rate, much more able in fact than many who have paid." Can this be said with truth in this case of William Lomas ? which is, we are told, the first case that has been pitched upon in the district. If these promised enquiries have not been made, and this 1" utmost care" not taken, who is to blame? Clearly some one, unless Mr Lusk's letter to the papers is to be taken as merely an idle promise, which it was never intended to fulfil. Lomas lives in a cottage at the back of the Bird in Hand winding machine, and the curious or the sceptical can hear from his own lips whether these things are as we have stated or not. We think Mr Lusk wouid do well to have the matter enquired into with ihe "utmost care " possible in order that somp recompense may be made to Lomas; and also that the police authorities should ascertain whether all wai'rants entrusted

to their officers are carried out with as much consideration to the mind and body of tho person apprehended as has been shown in tho case of William Lomns.