PUBLIC SAFETY VERSUS THE LAW.

Auckland Star, Volume II, Issue 563, 30 October 1871, Page 1 (Supplement)

PUBLIC SAFETY VERSUS THE LAW.

" For the cause that lacks assistance, For the wrong that needs resistance, i'or the future in the distanoe, And. the good that we can do."

12fY.THijN TG- that shakes the faith of the

community in the justice and protection of the law, cannot fail to have a demoralising effect. It signifies nothing whether the evil is in the law itself or in the wrongful purpose to which it may be applied, the result is all the same. "We cannot regard it as other than a calamity that the proceedings in our own law Courts have gupplied illustrations of how the law can become, not a terror to evil-doers and a praise to them that do well, but the instrument of simple legalised robbery, and a terror to quiet and peaceable and fair-dealing subjects of Her Most Gracious Majesty. It would not be difficult to supply instances in point illustrative of the foregoing. "Beyond all other places in the colonies perhaps, it is notorious that attempts are made in Auckland habittially to prostitute the law, and to employ its machinery for purposes of vindictiveness and extortion. But a few days ago, our respected Eesident Magistrate drew pointed attention to this detestable state of things, and its growing prevalence in the district; and quoted from high authority to show the danger to the public from this improper use ol' the Criminal Law. But this is not the most perilous aspect of affairs. A system has grown up among our lawyers, of taking up cases on the chance of plunder, and some of these learned gentlemen, who have opportunities of carrying on legal proceedings at a cheap rate, are prepared to take up the most rotten case, on the private understanding that they are to get a certain, often the largest proportion of what can be extorted from the defendant. We are perfectly aware that this is utterly opposed to the principles of the legal profession, and that its detection would lead to the expulsion of the offender from practice in the Courts. But those whose profession it is to unravel the mysteries of human villauy are not to be caught tripping, and through their clerks or otherwise the bargains are made and sealed. How to prevent this dangerous and scandalous practice we know not. Legislation could not do it, nor could it be prevented by any systen of rules and regulations ; and possibly the only hope is in the action of the profession itself to purge away the disgrace and restore confidence to the public. This state of things has had its cause in the competition induced by the unprecedented crowd of lawyers which the New Zealand provincial system, and the amalgamation of the professions have developed. But, all the world over, the profession of law is high-souled and honorable, and it will be deplorable if orie of the noblest, learned, and most gentlemanly professions becomes the harbor of tricksters, aud a terror to the public.

Neither is this the only aspect in which our Law Courts must be regarded with a feeling akiu to dismay. On the case of " Mohi v. Craig," we do not desire to dwell. It illustrates the state of the law itself, and shows how injustice can be perpetrate..!, through the use of powers that legislation can confer. We question if the law courts of civilised nations can present a parallel, and the perusal of it is enough to wake a N-dw Zealand colonist bow his head in very shame. That this is iiofc a partial view, but one that has presented itself generally to the minds of those who have read through the details of this miserable scandal to oar Courts, is evident from the strong comments or our contemporaries. As an illustration of what we have said we take the very unusual course of reprinting in our columns a number of the various leading articles and letters from correspondents elicited by this remarkable case. We give insertion also to the Bill of Costs with all its " refreshing" details, with which the defendant, Mr. Crai-/, lias been saddled by three shillings in direct opposition to the strongly expressed aud indignant feelings of Ihe Jury ; and we commend the perusal to all those in whose breasts the desire for the public

welfare is not wholly dead. "We ques ■ tion if there is one in Her Majesty's dominions who on reading impartially through the whole case would not endorse the statement of the Jury— words revealing a state of things that is a burning shame to our institutions ; " The law has in this case been made " the instrument of spoliation and " oppression which shocks every " sentiment of natural justice."