A PUBLIC TRUSTEE.

Wellington Independent, Volume XXV, Issue 3041, 3 September 1870, Page 10

A PUBLIC TRUSTEE.

The remarks of the hon. member for Porirua (Mr Brandon) in opposition to the Public Trust Bill, though brief, comprehend all that can be fairly advauced against such a measure, and revive a question which we had fondly hoped had been finally settled. He contended that the Government were not justified in interfsring, as the interests of individuals were sufficiently protected by existing laws, and it was exceeding the proper functions of Government to undertake duties, the discharge of which would be prejudicial, directly and indirectly, to the legal profession. «As well," he said, " might the Government become pawn-

brokers or shopkeepers as public accountants." His argument may be fairly stated thus : — Individuals are the best judges of their own interests, and the duty of Government consists in preventing their \ being interfered with by others in the management of their own affairs. This doctrine is thoroughly sound, but must be accepted with limitations. Mr Brandon himself, in the same speech, declared that it was the duty of Government to appoint a trustee to take charge of the property of married women, infants, idiots, and intestates. In other words, when individuals cannot from any natural or social disability look after their own affairs, it is the duty of the Government to step in and protect them. The Government need not, it may be argued, appoint officers for this purpose, but simply transfer the management of the property from the persons interested to some friend or properly qualified professional agent. But is it proper that the duty of the Government should end here "> Is it right for it to give the property of A to be managed by B without holding B responsible for it'? Has the Government not the right to insist upon B keeping it in good and safe condition, and even to punish him for dishonesty or carelessness in the discharge of his trusteeship ? Unquestionably it hws, and the whole course of legislation on this subject seems to prove that Governments are more prompt to punish than to protect trustees. If then, trustees under existing laws are under the strict supervision of the Courts, is it any unwarrantable exercise of power on the part of a Government to provide as a trustee a public officer, whose sole business it will be to manage trust estates under the inspection of the Government? The Government guarantees the safety of all moneys deposited in its Savings Banks, and it should surely guarantee the safety of any other description of property placed in its charge. The interests of the bankers and lawyers must not stand in the way of the public interest, and it is manifestly the duty of the Government to undertake the administration of property whenever the public interest, or even the interest of particular parties concerned requires it. This it does in cases of disputed succession and bankruptcy, and no one will contend that in so doing it exceeds its functions. "We did not expect the laisser faire school to number among its disciples one who has this session «iven his voice for the Government building and endowingschools, making railways, and shutting up private Savings Banks. We trust, however, that this was a hasty expression of opinion, elicited by a fear that the passing of such measures as the Torrens' Act and the Public Trust Act would lessen the emoluments of a certain profession whose dealings with property are chiefly remarkable for their uncertainty and expense. The objection seems to emanate from the lawyer and not the lawgiver. Wo cannot help thinking that the member for Porirua agrees with the majority of mankind that the Government should interfere in such matters when the public advantage requires it, and that the " greatest good for the greatest number" is not to be sacrificed to an arbitrary definition of the limits of the functions of Government. That the appointment of a Public Trustee will be a great public boon, alittle reflection will serve to show. In a community like ours, the difficulty of getting a properly qualified trustee is a matter of almost daily experience. Trials of fraudulent trustees in this and the neighboring colonies have been painfully frequent, and one just concluded must be fresh in the recollection of our readers. A dying husband concerned for those he leaves behind him, appoints the pastor who administers to him the last consolations of religion, to be their trustee. The confiding widow receives from time to time small suma of money, and it is only when her necessities press for further relief that she discovers that she and her little ones have been robbed of their all. The provision that took a long life of industry and economy to lay up in store, and remained to bear witness to the affection of the loved and lost, had only administered to the rapacity of a guardian specially chosen on account of his sacred profession and intimate acquaintance with the family whom lhe numbered among his flock. But now let us take the case of a thoroughly honest trustee, and here too, much difficulty and danger are experienced. The good cannot live always, and in a ne\y country are so often changing their residence, their avocations and their circumstances, that a change of trustee is frequently required. The position, too, is one seldom coveted. Most people shrink from an office whose duties are multifarious and responsible, and frequently unpleasant. A trustee may be a sufferer — he can never be a gainer, for he can never pay himself, or derive any benefit from the trust. He may have to refuse the cestuis %ue trust many things apparently reasonable, but which would involve him in a heavy responsibility, and this refusal may lead to an estrangement. On the other hand, he may act with perfect good faith and according to tho best of his judgment, but if not in accordance with some rule of equity altogether unknown to him he is liable to be made to answer as for a breach of trust. No wonder, therefore, that there is a great disinclination to accept the office, and no wonder that many trustees anxiously avail themselves of facilities recently given them to relinquish it. The appointment of a Public Trustee is the only proper solution of the difficulty. To him every one can repair without diffidence and trust without reserve. Assisted by the law officers who are his colleagues in the Trust Office, ho puts the trust into no jeopardy, nor has he any excuse for loading it with law expenses Under his administration no litigation can arise. Property can be entrusted to him or taken out of his charge with little difficulty and with little expense. His office will be always open, his services always at corncommand. A private trustee has his own affairs to look after, and the trust must wait his intervals of leisure, " Delays are

dangerous," but in matters of this sort they are often ruinous. A private trustee may be coaxed, a public trustee will be compelled into attention. A private trustee may often have to consult a solicitor, and charge the estate with heavy costs, a public trustee has the Attorney- General at his command. A private trustee may die or resign, a public trustee (like the King) never dies. The act provides that the office shall never be vacant. The effect of this Act and the Torrens 1 Act will be to enable the most inexperienced person to do a great amount of business without having a lawyer always at his elbow, or the prospect of a lawyer's bill like a nightmare, disturbing his rest. Six and eightpeucc will lose mnch of its dreadful significance, and bo remembered only as an aliquot part of a pound. Lawyers will still survive on the passions of mankind, but their bills will be "small by degrees and beautifully less." Conveyancing will cease to have a professorial chair at the university, and will be consigned, with all its relics of feudalism to the darkness out of which it arose Property will change hands without expense, and be left to our children without trouble or risk Such a state of things Mr Brandon may not have any great anxiety to see, but the member for Porirua must hail it as a bright future for his constituents.