THE POLICE FORCE.

Dominion, Volume 3, Issue 666, 17 November 1909, Page 7

THE POLICE FORCE.

MR. DINNIE'S REPLY TO MR. BISHOP. SHOULD IT' BE PUBLISHED? • Several citiwms who were introduced by Mr. J. P. Luko, MJ?,, approached tho AttorneyGeneral (Dr. Findlay) with a request that tho reply of Commissioner Dinnie to tlio report by Mr.' Bishop, S.SL, oil various matters affecting the police forco should bo laid before Parliament. ii .' The Rev. Gibson, Smith said the deputation hoped that, m fairness to Mr. Dinnie, his rejoinder to Mr. Bishop would bo made public. , They did not dt all-propose to entor into any discussion as to. tho .'merits of Mr. Bishop s roport. It' was th«if Opinion, however, a"certain moasure cf injustice had been committed towards Mr. Dinnie by allowing that report to be published and commented on throughout the country, while as yet iiothhig had appeared from Mr. Dinnie in. the nature of an answer to the remarks; and animadvert sions liiado upon his administration by Mr.' Bishop. 'Mr. Dinnio was; lie explained, a member of his congregation. lie had seeii tonfidcii. tially. a copy of Mr, Dinnie's reply, and tho impression made upon him , was that Mt. Dinnie had a full and complete answer ,to the charges made against, him: ; . . . Mr. H.; C. Tewsley pointed out. that-Mr. Bishop's report contained remarks about somo of tho contractors tor supplies to the police. force. In view of tho interests of the commercial portion of tho community, the fullest-and earliest publicity should bo given .to Mr. Dinnie's reply.. v>; Mr. H. Beauahamp also addressed a few remarks to the Minister: on tha subject. . . •

Dr. * findlay Explains the Positioh. ■ , Dr. Findlay said he wanted to make it clear: that Cabinet had not. yet : decided anything in . fegard'to. this matter. When the.position w.as being considered the fullest measure of fairness v;ould be given; to Mr.' Dinnie.;. Anything that ho (the Minis;tor) said' ivas,' therefore; said as Minister. Without for one.moment suggesting that the. observations made that .inorning'. were ; not _■ fair, and' ' made in,Vperfects bona fides,' he . still thought- , that •" most ', of them proceeded upon a wrong. assumption. To disclose'that clcarly,' oho had' to go back to the beginning of the Royal Commission .trad ask firstly how it arose? secondly ' what its ditty was? ahd: thirdly what'was tliov nature of ■ its roport according ; to, our- law?,; The>fact was that certain chdtges were ; made, V gravely . affecting tile administration;. of .tho police force under Commissioner Dinnicj Thoso - ; charges were inado in.'Parliament, repoatcd by the press, and from tho .public platform, It.was felt by no one;mora.thanby Mr. Dinnio himself that those ' charges seriously ! .af-: fected his reputation and" his claim to the con-.-•fidouce of the: Government and the force lift controlled. In thpso circumstances "MK'Dinnie: asked.that- inquiry .be made irita :tho allega--' ; tions, mid in fairness to. Mr. Dinnie;; ho (thoMinister) submitted to liim a draft of thecoma mission, and lie showed. ic to Mr. Bishop.' Mr, Dinnie felt that, the- scope of the inquiry,l- - it was; wide,' showed 'no' unfairness - ahd; .he accepted it, The.Royal Commissioner,' Mr. Bishop, was the senior magistrate-of; the. minion; a. man 1 of very. : .high'.reputation;. ofV great courage,: of sound discretion; and judo-/ mentj and a man againfet'whoso judicial career he did not suppose anyone, would. mako any imputation. It was fair ' to" state.: that. Mr.'' Bishop was very" reluctant indeed'about accept-' ing the position, but looking at, his qualifications, acceptance was pressed upon him and: ho consented.from a/sense of duty. l

:• < . , ~ ■: '- / . ~ The Royal Commission. 1 ■ i According to the recognised canons ■of Bri-' tisli impartiality, Mr. Bishop was to proceed to "' hear both sides, to sUspohd his judgment until,; all that could be'saidljy one sido or the other-' had..been said, and as. fai'as 'lib" kn6W .that course was followed by ; Miv Bishop: At the' close, "of the evidence, Mr! Dinttie .wa6*all'ofdod :. an opportunity' of - meeting,: the- charges, wliicli j had been brought against ,hihi—aiv'opportunity 1 ' of which ho availed himself—and' it must be : admitted ho effectively replied to; a nuinbel' of: tile' charges, and as far as. lie'(the Minister)' romembered, traversed tho whole' ground on which the charges, I'heii ;upon tlw ioni'v 'elusion;! of. the ease :Mr. ; Bishop' took .time to : consider .his 'report' and. liiiolly - seat: it- to tho ' Government. i.Tlle 'point \Vhichlho wanted to > make clear was this: That tho Report was not.: .an ex pafto ..statement: at all—it was in the nature of a judgment by a'high: judicial officer. ; By accident tho lloyal v.Cominisaoner. was • a • magistrate and not a judge, of-the: Supremo.•'. I Court. If. it had been' a'report by a judge of. tho Supremo Court tho full force of what lie: was; suggesting would bo morefully' -apparonf. V |It must not-be treated as if -it were some ex -parte statement made 1 by/ sonie irrespohsible.: pel-son-who was not bound by tho rules and : canons of; British law : and British' justice. ;: Whether ; tlio report went .too far, whether 'it . was right, in its conclusions,; was not a matter,.which- need be.considered, but ho .was eiititlod > in dcfcnco of that- official, to say that whatever view, might be taken of, the report Afrv Bishop :■ acted impartially the . . best of ', hk .honest:: l judgment, and tho report must :be treated;.just'; in tho saino way as n,report coming from a : Snpreino / Court, ,'jlidgo: in., ; tho' l«rne .eircUm- ;' stances wbnld be tt-eated.:'; It was-, his: duty ( .'««.'•, Minister' .for. Justice, to . see' that. it'i.waS" so' ; treated. "' '"'v."--'.. .-..Y ; V-v V' The Constitutional-Rule. For the fact that Miv Dimno's roply had hot, been laid upon the table ;of tlib Iltmfce, . n'as . responsible. According to the .Con* ;'' slitutibnat .:' rule, as far as he knew always , followed, tho report of a lioJrAl l/'oinluission • could •. not . bo . traversed / by. the .fctsou whose ebiiduct liaV been iUvesti-., gated, and that rejily laid upon the' tablo of .thoV. House. Hd migllt explain that. ill tliii view tho Solicitor-General concurred. Ample opportunity.'would bo given l tp'iMr.; Dlntiie to '; answer, in a way/that was constitutional: and. ,right and;proper, ;tile-' animadversions hud • comments 'blade upon - liili: If''tlio "report Vof-' a ltbyal Commissioner: was to' be 'allowed - id: ,bo . traversed in any tfay, he < took itthat. ; 'no. Judge of the Supremo - Court would fori'! a monent accept the position of-a Royal Com.': lnissionet. -,Ho did .Hot)wish ,to be: Understood' : as; having said oho' word as hat .Cabinet; - ..was-lgoing Jto, do ;in the. very peculiar', circum-. stantes : with , which it' traa faced.';, Upon', hi* ' shoulders . prilnarily -restcd tho- duty .Of: advis- ' lng.tho Governmeht, as'to what.tb do, r He wasgoing to exercise that responsible duty.as feaf- . essly as possible. '.'Whether, thd'advico would * bo accepted or not; he; could'tiot'sav at sent. lair play, they could' tako it, would. 1 however, bo done to Mr. . Diniiie", and to Mr. Bishop. ' .Replying to a member of tho deputation,-, the V.'. Minister said that Mr: Dinnio's.'reply could " j». submitted to "Parliament,,but/not liy- beiim' laid on tbe .tablo of the House. ■