The Evening Herald. MONDAY, AUGUST 3, 1874.

Wanganui Herald, Volume VIII, Issue 2238, 3 August 1874, Page 2

The Evening Herald. MONDAY, AUGUST 3, 1874.

In the days when Mr Bathgate was Minister of Justice, the Government set themselves with, a laudable ambition to fulfil the earnest desires of lar^e numbers of people in this Colony on the subject of law reform. The Judges "were requested through the Chief Jus tice to take the subject into their earnest consderation, anl at their meeting in Wellington last year, the consolidation of the Statute Law of New Zealand and the amelioration of the practice and procedure of tbe Supreme Court, -were discussed. Thpre could not be any great hope that men who had grown up in a certain system would be rery eager reformers. The Chief Justice was soon to retire from tb.3 Bench, and his objects in life were far removed from achieving reputation in the paths of legal reform. Indeed it was not to be expected that Sir George Arney could do more than courteously introduce the subject to tho notice of his brother Judges, and leave it for them to determine what,line of action should be taken in iresponse to the invitation of the Government". The result of the conference was? that Judge Johnston was requested, being the publicist of works on legal questions, to draw up a memorandum embodying the general conclusions of the Bench, on the subject. After the triumph of Mr Eitzjames Stephen over the codification of the laws of India, it was natural we should find even the most conservative of our Judges tinged with a desire for reform—such is the influence of success.

Judge Johnston in his memorandum takes care to show that the law can never become popular. This opinion is elaborated at great length. The Pandects of Justinian and the Code Napoleon, are not self-interpreting, though, many intelligent men, the Judge informs us, have thought differently. We are emphatically told bhat —•" The Utopian ideal of a coda intelligible without assistance by the whole body of the people must be dismissed as impracti

cable," Socrates would probably have asked our learned Tribonian to'define what he meant by the term " asaisc- ] ance" before proceeding farther. What assistance is expected by the people, and what should be rendered by the State1? It was Burely never contemplated that men technically versed in the law should at some future time, in consequence of the transparency of every legal injunction and definition, be no longer required to explain the law and administer justice. This assistance no ono has oper proposed to dispense with. Mr Justice Johnston apparently flies to an extreme illustration. That the law can never be made as clear as that two and two o.r-i four, dealing as it must with the complex relations of a highly developed social and political state, is a truth that must be patent to every understanding. But that the laws may be so changed tha every intelligent layman may be able to obtain a clear perc ption of his rights, is the ardent hope of every man who has an aspiration in his breast. And this moderte feature of law reform is exactly what Judgo Johnston, has overlooked. What standard of intelligence the :i whole body of the people" may attain to, we cannot conjecture, but it would bo at least safe to affirm that no amount of instruction could ever make them understand the law in its present condition—tho paid administrates of it themselves, falling far short of of anaccurate knowledge. Every day affords some illustration of this melancholy truth. Not long since we saw a solemn and protracted trial, held iv Wellington, completely nullified by the Court of Appeal on the ground that the plaintiff had never any right to sue. Une of the Judges who concurred in this decision was Mr Justice Johnston, before whom the case was tried. It' the Judge knew the plaintiff in tho action had no locus standi, and was powerless to stop the farce,the law isjdefrctive and ought to be amended. If he had the power and did not know it, so much the worse for the condition of the law which is not apprehensible even to one of its professors. Speaking on behalf of ihe " whole body," wo urge that what is demanded is an earnest attempt to consolidate and translate the laws into the common vernacular, so that those who are required to obey, may know what they have to obey. We fear Mr Justice Johnston is not to be the reforiaor who is to work oat the change. The learned Judge goes so tar as to say that " it is an open qnosiion whether a complete codification of tho wholw Common and Statute Law is or is no! desirable, if pr.uM.wabiH." It would have been more satisfactory if His Honor had seated which side of the question he was on. It should be observed that Mr Justice Johnston offers many practical suggestions of weight, few of them, however, which have not been contained in recent reviews of Mr Stephen's work in India. The Law of Evidence, he says, is particularly favourable for codification, but then he tells us that the Euglish Government have undertaken the work. The Ministry probably did not expect that their aspirations after law reform would be a heavy charge on the Treasury, and they no doubt shook their heads when they read the following passage in the memorandum: "When the time should have come for appointing a permanent Commission, it would seem that it ought to include (say) two Ministers, all the Judges, all the law officers of the Colony, and (say) three competent professional draftsmen — two probably being practising lawyers—with necessary clerical assistance. By proper sub-division of subjects and selection of Committees out of the members of the Commission, the work might bo effectually done in a moderate time."

What work 1 If the work of condiucation and consolidation can bs done in a short time, wo tear His Honor contradicts himself. It'he only refers, as is probable from Iho teuor of his remarks, to the consolidation of the Colonial Statutes, the great evil remains untouched. Tlia Commission proposed may be necessary, but its probable expense would, we fear, be an all-powerful argument against it with the present Government. We remember Mr Bunny urging a few .sessions ago that -a competent draftsman should be employed by the Colony, and we are not aware that his suggestion has ever received attention. [f one draftsman is so insuperable a difficulty, what are we to think of Judge Johnston's recommendation that there should be three—-and many other paid inornbors on the Commission, besides 1

Reference has been nvule to the fact that the memorandum under notice shows an inclinatiou to await the action of the Imperial Government. Let us see how this slavish idea still further dominates the Colonial mind. JucW Johnston expressed his willingness to " undertake to draft a consolidation uf the Acts respecting the Constitution, jurisdiction, and procedure of the Supreme Court." This Bill was co have been ready for discussion by the Judges in May, when they met in Wellington, but though the dr.iffc bill had been prepared in time, it was thought it would be premature to submit it to the Assembly, as the rules had not not been drawn up under the English Judicature Act. The practice of the Supreme Court assuredly wanted some vital reform. It is only too true, las Mr Bathgate remarked in a letter

published in the parliamentary paper under notice, that people would rather suffer an injustice th.-m go to the Supreme Court. Experience has taught them that this Court is an engine of oppression by which tho rich may crush the life out of the poor. An instance showing tho necessity of the axe being first applied to this branch, was related to us a short timo since. When Si: George .Arney was acting-Governor and resided in Wellington, he performed the judicial work of Judge Johnston, who took Sir George's phvxi ia the Auckland circuit. Tha Chief Justice at this time adopted a new rule by which for certain legal work (continually recurring) done iv Chambers ha allowed the Solicitor two guineas. When Judge Johnston returned, he noticed the innovation, and said he had heard his brother Arney had denned tho amount of a lawyer's fees in certain oases ; but he preferred to leave the matter " to the conscience of the Re--1 gistrar." It was not many hours before the " conscience " of this official had been definitely ascertained, when it was found that the taxed bill for the same work for which two guineas had been allowed by Judge Arney,was over ten pounds 1 Thus, the difference between the conscience of tho wise and considerate Judga, and the " conscience " of tho Registrar, was the difference batween thoss amoants. Judge Johnston asks to be favoured with cases where the legal charges have been excessive. We recommend for his first consideration the desirableness of applying the pruning knife to the '' conscience " of a Registrar. At Laputa they would aver there was a country 1 where the people had passed a Bankruptcy Act as a relief for those who were unfortunate enough to get inveigled into a placed called the Supreme Court. The flickering appeals of the Government on the subject of law reform are not likely to lead to any important result, and the Colony can only hope for more auspicious times and circumstances.

The Otago Daily Times alludes to its mysterious tc[egrams as follows : "Today we publish the whole of the correspondence which has passed between Judge Ward and the Premier, regarding the charges which hare been brought by the former against Mr Justice Chapman. Being now in possession of nearly verbatim copies of the telegrams, it is perhaps only due to our readers to say that the telegrams, published by us nearly two mouths since were inserted by us in the belief that they represented what had been telegraphed by Mr Judge Ward to the Premier on this subject. It will be seen now, that the telegrams we published, and which have been termed by the Judge "impudent forgeries," contained the substance merely of Judge' Ward's telegrams, and are by no means anything like copies of them. We can only regret that at the time of the publication of the first telegrams, we were not aware that such was the true state of the case. If that is matter for regret, on the other hand we feel gratified that we can now meet our readers with the mutual knowledge that the information we unfolded to the public in our issue of the 22nd May last is in substance correct. From the correspondence published by us to-day it will be seen that the following passages occur, and these when put together consti- i tufcc what is. not very dissimilar to tli3 telegrams previously published by us, which contained Judge Ward's attack \ipon Mr Justice Chapman :—" Great excitement in Dunedin in case of Macassey and Bell. It is believed that no telegrams have been shown, but it is felt that Mr Bell has no chance of a fair, trial before Judge Chapman. It is suggested, in the interests of justice, that you send down Judge Julius ton to try the case, on the ground of gross partiality of Judge Chapman now exposed, and suspend Chapman until Assembly meets to take action." "Macasscy is a partner of Chapman's son, and on the most intimate terms with the Judge, who is godfather to one of his children." "Mi- James Smith, the defendant's leading counsel, informed me it was arranged that Chapman, plaintiff's partner and the Judge's son, was to hold a brief at the trial." " The Deputy Registrar of the Court at Dunedin could telegraph to you Kettle's affidavit and order." That the "impudent forgeries" contain expressions, the counterpart of which are not to be found in the official correspondence before us, we are now aware, but none oE these, to our minds, in any way affects the main points at issue. At the same, tiina should it appear to the eyes oli any that the interpolated expressions in the inaccurate telegrams contain anything which has tended to the disparagement of Judge Ward, we can only express our deep regret that these passages appeared in our columns. Whilst saying so, we do not hesitate to state that, looking at the whole affair in the light in which it is now presented to the public, perhaps it is well that even the inaccurate telegrams wcrj published; so that in the end, instead of vague rumours, the whole truth has come out. As to Mr Justice Chapman, we know that, far and near, in ever/ part of the Colony, where this correspondence is read, the unanimous' feeling will be one of »-reat sympathy for the venerable Judge, while he remains — tongue-tied—under the grave accusations pre.fcrred_against him by Judge Ward.

A late number o£ tliG Daily News contains an article on the heavy bill transactions lately made in Hambourg. Any-one with the least knowledge of the coins current in Germany will know that a mark is worth about Is, and a thaler 2s 7id, and not £1 10s as the article in qiiestion would have us to believe-

Great complaints regarding the state of the roads in the country districts are to be heard every day, and with such continual wet weather this is not to be wondered at. The improvement of the main road in Marton has not resulted very satisfactorily, owing to the wet weather setting in before the metalling would be completed. The consequence is that the unfinished part has been cut up to such an extent that it is scarcely possible for drays and waggons ro cross with very light loads. Portunately there is not very much of: it, and no doubt the matter will be looked to as soon as the

season permits,

What has become of the proposal to .form a Chess Club ? We were informed some time ago that a number of gentlemen had already placed their names on the list, but beyond this no steps appear to have been taken.

To make a little stir during the very wet weather, a number of young gentlemen in Master ton formed themselves into a Christy Ministrel Troupe, and gave a performance that was, on the whole, very satisfactory. Of course the wet weather that induced them to come forward to amuse the public also prevented a great many people from attending, but on the whole the results are so far satisfactory that there is a probability of another performance being- given soon.

On Saturday afternoon the Rev. Mr McWilliam and niece, when out for a drive, and arriving a little beyond the Aram oho Pah, while turning the horse for home, some part of the harness appeared to irritate the animal, which commenced kicking at a most fearful rate, smashing the splash-board and well nigh the occupants with its heels, who tumbled out head foremost, the wheels of the buggy passing over Miss McWilliams' left temple, producing a wound over the eye. Exhausted and bruised, they gathered themselves together as best they could, and reached Mr Walker's where they received every attention, awaiting the arrival of medical aid. Dr Samuels, Rev. Mr Elmslie, and Mr Hurley arrived, inj border's trap. The young lady was conveyed to Mr 11. Hurley's, where she now lies in a precarious condition. The Rev. gentleman was not much hurt, beyond a few bruises and a shaking. The horse and broken trap were found opposite Whitloek's tan-yard. '

The heavy and continual rain since Saturday afternoon has resulted in the heaviest fresh of the season in the Wanganui river. Already it has forced some of the Maories camped on the Foreshore to move their tents, and the water is still rising rapidly.

Early yesterday (Sunday) morning intelligence was received in town that John Brown, the ferryman at Kennedy's, had accidently met his death by drowning. It appears that Brown had just finished his tea, in Kennedy's hotel, and had proceeded down to the river for the purpose of conveying Mill. Williams across the river in the punt, but on reaching the landing place found that the punt had been taken to the opposite side of the stream, whereupon Brown went across in a boat to bring it back. When Brown had reached the opposite side of the river to where the punt was laying, he shouted back to Mr Williams that he would be over shortly, and that the punt was swinging with the two ends facing "up and down the river. Shortly afterwards Mr Williams heard a splash, immediately succeeded by a gurgling sound, and suspecting that something wrong had taken place, tit once retraced his steps to the hotel, and informed Mr Kennedy of what had happened. They both proceeded to the river, which they crossed, and, arriving on the opposite side, found the boat tied to the punt, but no tidings whatever of Brown. Sergt. lleid having been informed of the mishap, proceeded yesterday morning to the scene of the accident, and, together with Mr Kennedy and a number of settlers, at once instituted a search for the missing man by dragging the river. About 5 o'clock p.m. yesterday the search Avas brought to a termination by the discovery of the body a few yards from where it was supposed he had fallen in, and was at once identified as the ferryman Brown. It is quite evident from the facts given above that the unfortunate man had met his untimely death by slipping oil: the punt, and it being a very boisterous night, and with heavy clothing on, immediately disappeared beneath the water. Brown was a native of Pittenwccm, Eifeshirc, Scotland, was about -t:i years oi: age, and had never contracted matrimonial engagements. He was Avell known to have possessed a kind and genial disposition, Avhich, together with his uprightness, made him a general favorite. He was for many years during the time Mr Blair had the Wanganui ferry, engaged as his puntman. The gale on Saturday night was the severest known in Wanganui for years. Reports have not come in, however, of much damage to property, and it is-to be hoped that shipping has not suffered. So violent wus it that llio roof of tho newly erected stnbles at Aramolio was lifted bodily off, and carried for some twenty feet. The barometer fell more than an inch, and still remains at the lowest point.

The Roy. Mr Elmslie delivered a special lecture to young men last evening in the Presbyterian Church, and as might have been easily foreseen the inclement state of tlie weather considerably detracted from a large attendance. The rev. lecturer choose for his text, the :30th. chapter of proverbs, and the 24th to the 28th verses inclusive : " There be four things which be little upon tlie earth, but they are exceeding \rise : The an Is arts a people not sLrong, yet they prepare their meat in the summer ; the conies are but a feeble folk, yet they make their houses in the rocks ; the locusts have no king, yet they

go forth all of them by bands ; the spider taketli hold with flier hands, and is in kings' palaces." Mr Blmslic arranged the subject of his remarks under the four different heads, viz., early diligence, early caution, self control, and perseverance. The rev. lecturer spoke at some length on the first of the four headings, early diligence, referring to the ants. He said it was a mistaken idea people had that the ants laid up their store for winter, which

was not tlio case. The insect prepared its meat in due season, and during the winter months lived in a state of torpidity. After referring at some length upon the necessity ot young men following the losson taught by the atit, Mr Elmslie went on to gspeak of early caution, and then to self-control. He said the statement that the locusts have neither king nor leader, has been recently verified by experienced naturalists, but he was not going to speak of the destructive habitsor the instructive unitedness of the locusts on that occasion, but of the self control over himsolf, an endowment which was greatly needed in rising colonies. After a few brief observations on perseverance, instancing- the cases of several young men who rose to considerable eminence in the world, more par'icularly that of Robert Brace, the rev. lecturer concluded a very impressive and eloquent lecture.

Daring the whole of to-day telegraphic communication between here and the Southern ports w.1.3 terapor.irily suspended, the line being down between Foxton and Wellington.

A slight earthquake occurred this niorn.ng at 4.20.

A friend of the unfortunate fellow who was drowned on Saturday ni^ht informs us that he was a first-class swimmer, one of the stron^eit in the province. It is supposed that the he .ivy clothing worn by the deceased and the numerous eddies at the place must have rendered his attempt to

float unavailing