THE GOVERNMENT'S IDEA OF JUSTICE.

Dominion, Volume 2, Issue 599, 30 August 1909, Page 5

THE GOVERNMENT'S IDEA OF JUSTICE.

■ Siri—-After reading an article reprinted from the; "'farmers'. Union Advocate" of July 10, one, is constrained- to inquire whether, it- would not be in accordance • .with . their practice to . move for.^the''abolition' of ,tho* Department, by courtesy, called the Justice Department?. At least, 'it . spould- at once\declare that-while it intends, that all and sundry shall comply with" the lair, it has not the slightest intention of being;guided by the "principles which, shall govern the conduct'of , others.'■ Take the case of the unfortunate motorman, . Barton, who was injured by the State coal wagon, rEvidently he has no'"redress,! certainly, no sympathy • from the .'so-billed Justice Department, which, so far as. Government is concerned, might now.be rechristened: the; Cruelty Department, under the able'management of a .learned gentleman who 1 , some time ago- was facetiously/styled, the: head of the Puzzle Department.' . liisding the • clause of the. Crown ;Suits f Act!quoted, it certainly would not .be a very great .stretch-of the imagination to read it,to . mean th(it : "other ..work, of "a like nature, ": cumin?,-after"railway,, tramway,"- etc., would inclnde.aven. a;-Sfate coal v&gon, seeing that it ';is .'used ■ for, the- delivery] of,' goods, which ! the State has, undertaken "to supply "out, of ;mone,v appropriated, by Parliament and the '.revenue. - whereof' forms part of the general revenues."- ' ' • The contention that.it does not so apply because'no -specific' meiition'- is made of. "State' coal;wagon','- is merely a : contemptible sxibterfuge which 'isimproperly taken advantage of to the detriment of the unfortunate .sufferer, and to the everlasting disgrace of the Government. "It .cannot, possibly be because of the regard of public fundswere we riot long' ago told "that money was no object"? We have l]ad sufficient proofs that such teachings have been religiously -observed; we need., only to call to mind-the -thousands expended over the Land Commission, the Native Land Commission, the Police Commission, or the Seddon statue, to. show. that money., is quito easily found when the occasion seems to the Government, to-justify it.,. The position becomes glaring'when .it is contrasted with, that imp'osed upon others, and- to which all are expected; nay, forced, to' bow. • Although we hot) Emjliters' Liability Acts and Common Law in.

operation to obtain compensation for injured workmen, this was not enough. Workmen's Corapepsation for Accidents Acts were passed to prevent the possibility of any employer escaping ..what was. deemed, to be a proper obligation, not only was the workman to bo compensated if-injured, but in case of death the obligation was extended to the 'utmost limits. In the statute of 1900 the following were the parties who could lay claim:—Husband, wife, brother, sister, son, daughter, grandson, ' granddaughter, ... stepson, stepdaughter,- father, mother, grandfather, grandmother, stepfather, arid stepmother. In 1303 the genius who v;as responsible for .the foregoing affinity-table extended it, we are entitled to "assume for sympathetic reasons, to "illegitimate son, illegitimate' daughter."Yet the party who passed those very laws can coolly run - down a workman, partially incapacitate him, then refuse to'acknowledge any liability whatever, on the plea, "if they did there would be no end of claims." That 'amply justifies the alteration of title above suggested. . • With regard to; the New Zealand Farmers' Co-operative Distributing Company's case, it is just'what one might expect. It is tho penalty the company has to pay for daring to act in the'; interests of the farming community without, the express permission'of Government, and' daring to vote according to their conscientious convictions^ ''Let not'that Department for a moment pretend that it represents either justice or equity while a wilful and deliberate wrong is allowed to' exist on any plea whatever, either to a company'carrying on a legitimate business or to> workman who is deemed to be outside the operation of any effective law. The beforementioned affinity-table is not. to apply to his caSe. It appears' that he erred in suing the . party,\or rather the employer of the party who injured him.; This seems to be opposed to the common opinion'that the employer is responsible for the act of'his workman.'' Outside the Government, I believe this is generally 11 dihitted.' He. should have entered his oction. against those' who did him' no harm—his employers—the City Council, and let those who ■injured him go,free. This, I understand, is ■law,, it - certainly; is not common sense;' but that, of is cjuite another matter. • It resolves itself ,to this, that. nine, men.-'"dres't in, a little brief authority,"* can; by ignoring every' principle of . eternal justice' legally wound,, maim, or kill anyiman or any number of men if the cases do not come.within .the .rnrecise and specific meaning of the words in. Clause 35 of the Crown Suits Act,'lßßl. To shelter behind a technicality, lack of form, v or express direction, and so perpetrate and perpetuate any number of acts of injustice l is a scandal, of such, magnitude, that those'guilty of _such' conduct- cannot' claim to be' Literals, and* '.what is of .more' importance, -just; men. 1 — I. am, etc., FIAT JUSTITIA.