LETTERS TO THE EDITOR.

Dominion, Volume 3, Issue 827, 27 May 1910, Page 4

LETTERS TO THE EDITOR.

THE ADMINISTRATION OF

.JUSTICE. A DANGEROUS DHI'ARTUHE. Sir, —While u fow mornings ago you extended a somewhat dubious approval to !)r. li'indjay's assumption lor tho thistiee Department of tno duties of (Jrmvii I'rosctiiitor, 1 hopo you will spare nio spacu to nioro fully express disapproval of this vorv Inirenucratic p.rppusal. Lun-s and regulations had of o|d to bn devised to curb aggressive n|iil tyraiiiiicttl kings. Now thu danger lit not'from the (Jiwn, but from the now and all but autocratic power that has arisen, and which is onablod to act 111 his name. By the democratic development of our political institutions, the Premier of the day lias apparently to. bo profuse with humanitarian professions, and sympathetic wit.li the ejnotions of a populace whoso ' minds porclianco have been prepared and perverted by energetically-urged class misrepresentations. A champion eo evolved is in a position from whence he can largely influence tho constituencies in the selection of tlje members of tho House, who.on their part, and so chosen, submissively interpret, the Ministers' varying behests as Liberalism of tho highest ideal.' 'Tim's, being merely delegates, and feeling no individual responsibility, they'aro generally indifferent as to measure , ! outside of tlio amount- of the expenditure in their special districts. Then tho Legislative Council, similarly, stultified, is past cqmmenting on, but Ministerial power has so been insidiously built up in tl|is, its aggrandised form, and has «ome an unconstitutional and grave menace to our liberties, I will not seek to trespass on your space to dwell on the undue encroach? monts by Government on tho rightp pf men in their industries, ontorprisu, land or capital, and in tho prjvato affairs of their lives; but in this interI'oronco and its accompanying inquisitorial development, our Government exceeds tho worst of the Continental nations, and, vampire-like, tho hand is now oiitstrotohed, and seeks to include and exercise an active influence on the administration of justice. So far, despitp the genoral impairment/, tho adpiinistration of justice in our courts has not as yet been suspected; but still no change should bo tolerated, tho trend of which is to assist to facilitate sinister influences, The arrogance of power is already seen in the wrong which our Government deliberately persists in ovor tho coal _dusfc injury to tho Farmers; Co-operative Company, as also its attitude for so long towards Motorman Barton. Ministers apparently feel strong'enough to do this sort of thing, and hqw much further will they go? Or, consider the effect in a supposed case qf a suspected defalcation by one of the now great multitude of Government employees. A Crown Prosecutor's first responsibility should bo to shield tho innocent,- but could this ho expected frojn,. a' dopartmentally-in-structed Prosecutor; or, again, if a prominent politician of either colour got into trouble-, would it bo in tjio public interest that his prosecution should bo conducted by a Government officer? In fact, is it well that Ministers, already so often a law to themselves, and frequently vicariously iiir terested in cases, should interfere at all, or bo known in, tho administration of justice in tlie courts of tho Dominion?—l am, etc., . FREEDOM. May 25, 1910. THE CRIMINAL LAW. Sir,—l hopo.you will allow mo to address y'qurself and your influential readerson the- questions that I desire to bring under'the consideration of those who have, gravo public questions under thought., (1) Should any person be charged by the Crown, and not be represented by eouuscl ? (2) Why should tho Crown be allowed by law to have unlimited challenges to jurymen whe&. the person charged can only exercise six challenges? (3) If by law 11 person has beoii convicted by a jury, and the prisoner lias tho right by law to appeal (which I nndorstand he has), should not tho judge, in passing sentence, let the prisoner know' that if bo (the prisoner) is not satisfied that tho verdict recorded against him i» a just one, ho (tho prisoner) can appeal for a retrial.' To ovory fair-minded man I am pure the answer to the first question is—Yes. To the section question, it is hard for the layman to understand by what logical right tho Crqwn has tho great liberty of undisputed challenge? The inception of the privilege is past, as regards this Dominion, and its retention is not in conformity with pure justice. To tho third question, tho answer is one that is a great blot on our judicial proceedingsit amounts, I nubmit, to a. most glaring injustice, Wo have a judge passing eonteuce on a person, and ho (tho judge) knowing of tho privileges tho prisoner has, jf he can justify his appeal, hiding from the prisoner his undoubted rights, t make bold to say, with all rnspeel to the judicial Bench, that no judge has c-ver hinted (though, it should bo part of his impartial judicial duties) to inform the prisoner of his rights under the law. I writo and appeal most strenuously to your powerful readers to alter this. I have suffered imprisonment, and after serving my sonteiico petitioned tho House, getting a' unanimous recommendation for monetary help from tho member* of the Houso. I waited without any acknowledgment of help. I set to save, and then applied to tho Court of Appeal. After two years , saving, and help from friends, I got together two hundred pounds. This ,1 used to forward my case, -all of which was gulped up by lawyers, and when my caso was beard, tho chorus of judges wna, "Too late, you (the prisoner) should have applied whilst serving your ech,fence." What irony, what inconsistency, what justice. Tho ! irony in tlie decision is the absolute inconsistency of the deduction and reasoning, and the inconsistency is tho premises that the decision is b'asod on. As to tho justice of tho case—may not. ono ask from the agony of his mimi,and every particle of his being:. How can it person set Ihe law in motion until be has the .moans? I was asked one hundred pounds down by a firm of lawyers whom I saw aftor my release, and I had pichtppii shillings good conduct money. 1 can't keep repeating—ivlmt irony! wh.it Inemisistf'iit'.v! what justice! We read largo and big, this is fiod's own conn, try. T hope, and steadfastly believe, that there aro good, true, and humane men who will not allow tho gross injustice that boars upon casos to continue, and will give- their abilities, influence, and weight to rectify these burdens that oppress thosn who suffer under disabilities that should not bi\ In England a judge tolls tho convicted person his legal rights when sentencing him. Why not with us? It is an undisputed fact that hardly any lawypva know criminal procedure. A Crow'n-piokr'd jury and an unskilful lawyer n.s regards criminal law placed me in tho position o[ A MAN WflO SUFFERED UNJUSTLY May 25. MAIN TRUNK RAILWAY. Sir,—The reputation which the Hon. .'). A. Millar gained as a Minister for Labour led many of his admirers to believe that on his assuming nliarco of our railways his administration would incroaso tlio popularity of the scrvico. Their liupea worn booh rudely dispelled. Tho cry of discontent against llw present management of our railways is bcinp; heard on all sides, and the now autocratic Minister for Railways turns a deaf ear to all requests for an improvement in tho railway tiino-tablo in fori'o on tho "Wellington-Auckland line. I venture to roniark that in no part of tho British Empire is such an abomin-ably-compiled time-table to bo found in practice. On Mr. Millar's return from Australia, ho gave out that New Zea-

land had little to learn from the Commonwealth in the matter of tho running of railways. Well, all 1 can say is ho must have dosed his eyes to Australia's splendid railway service, and tho manner in which the trains are being run for the convenience of the travelling public and tho development ul that grout, continent. In support n! my argument 1 need only take the central section of the Slain Trunk railway. It is impossible for residents in i and around Ohakune to visit townships ! north of that station and return the i hame day. floropito is some six miles : north of Ohnkiinc, and Llio first outward train for Horopito, ltaurimu, i and Tauimirtinui is 4.3U p.m. Traveli lers must pass tho night when visit- ! ing stations between Oliakune and T-iu-marunui, being unahlo' to return till • noon next day. Did Sir. Millar find : BiiPli a railway «cmidal in his travels through Australia? The service from Ohakuno to tho south shows a marked contrast to that which obtains for tlio north. Tho first train—a goods—departs southward from Ohnkuiio at ■>, a.m., the next at 6 a.m., tho third (the express) at 7.30 a.m., and tho fourth at 12.30 p.m., while all travellers hound for the north 'ir«> stuck up until 4.30 p.m., or the express at 9.15 p.m. Then, again, to show the miserable time-table whirl. Air. .Millar is so proud of, I would lit,, to mention that a mixed train leaving laihape daily at 6 a.m., conveying oji an average about four passengers fos Oliakune. Is this in keeping with his boast of making our railways pay? I venture to predict that if'this train departed from Ohakuno to connect, with tho S.lo a.m. train at Taumarmi'ii it would carry a full complement of passengers. As it is now, three or lour specials a -voek are being run' northwards from Oliakune, and the long-clamoured-for morning service ho tween Oliakune and Taumarumii is relused. • Sir. Millar may succeed in squeezing 3J or 4 per cent, out of tho travelling public to meet his stipulated carmng-powoi; of'our railways. .This achievement is at tho loss of settlement, t he curtailment of industries, and the slow development , of a magnificent back country. Happily, Sir Joseph AVard took a different, view to that of his col eagne, , and why ho-permits Mr.' Millar to run the railways on opposite principles to that followed when lie controlled our railways is .a mystery to the supporters of tho present Government. Die development of the country and the encouragement of sottkniunt should bo tho guiding points, in connection with any railway administration.. It is an open secret that tho heads of our Railway Department are in favour of amending tho Main Trunk railway time-table, but Mr. Millar imagines that ho is a born railway administrator, and knows how to cater for tho public- better than tliose wliq have had a lifelong experience in tho railway service. Tho ' Minister for Railways is evidently not amenable to reason, but the. discontent which prevajls anent the present service is certain to bo reflected at the ballot-box at the next eleotion. —I am, etc., PROGRESS. LABOUR AND POLITICS. Sir,—Ono reads so much about the Labour party nowadays that perhaps it would not be amiss if you would give all and sundry a chanco to ventilate their views on this important subject. My idea is that a Political Labour Association, run on purely humanitarian lines, will do more good for the Dominion than llio present-day trades* union plump. A worker is a person who works firstly ivith brains, secondly manual labour, 60 anyone should bo eligible to join a labour association who fulfils theso qualifications, and has tho welfare of his country at heart. There aro many men in huinblo positions who would bo quite capablo of filling tho best billets in the land, but the trouble is, they do not get the opportunity, and I' thiiik the ■ time is ripe for giving theso men a chance, 60 that any man who has tho ability and can command tho respect of his fellows will bo able to take his place in Parliamont. Wo can learn many lessons from tho present Labour party, .it being run by the Labour union's officials, who are not necessarily tho best brains of tho body they- represent. They have tho unhappy knack of not being able to agree with one another, nor should they dominate over thoso men who are in accordance with the aims of Lnbour, but nro not affiliated with any organisation. There is no doubt room for great improvement in our present-day legislation, find until the best men get on lop wo cannot expect tho best legislation. Wo want no advanced Socialistic oloment or temperance fanatics, but just the ordinary levelheaded men who would stick to tho cause and give thoir services gratis for the good of their fellows. I think the best method to select clean politicians is from a political association run on a Parliamentary basis, in winch wo could ediicato our debaters, unci I would bo happy to receive the names of any sympathisers of tho Lnbour movement who desiro to got into touch w.ith each other. In conclusion, I hope somo.able pen will come to light, and that we may start the nuclcras of an ideal third party in our legislation—l am, etc., GEOEGE BUR-NEY Box 12, To Aro. MR. VAILE'S DATES. Sir,—l was looking through your file to-day and saw the letter with the above heading. I fee) extremely gratified to find that in a' subject involving such a largo amount of-careful study and su many figures, tho youngsier with tho wonderful memory—which, howover, has failed him in tho only instance he gives of its value, which docs not appear to bo much—can find nothing worse to find fault with than a year T s error in tho date of tho death of ouo of our Premiers, which does not in the least improve the position of tho Public Works Minister, or in any way atfeet thr, case in point. May I ask why this very intelligent and polite youn<» mail did not point out somo of tho things he refers to when ho says, "Mr S. Vnilo forgets, lots of things 'that wo younger people- remember." What a wonderful wo! Unfortunately, I seldom have time . to copy what I write, nor do i find it netossary: tho New Zealand press is so very correct. 1 h aV q no copy of tho letter scut to you, sir, but cheerfully accent tho error as my own. Jlaii'v thanks for your footmilo oorroctin'' i-our corresf:indent.—l nm, ctr.. I " . ~ SAMUEL VAILE. Auckland, May 18, 1010, HUTT BUSES. ..i? ir, rA s .°? ",' ■ vo, "' p a ' )er tliat a Hint HesKlonli" says yuu can Ret a ; bus to Uie Mutt railway station from - any part of the Jlutt.fnr 3d. Well, I : have Jived for many years about a milo •• from the Uutt railway station, and havo always to pay 6d. diniiiu: the davlimo and Is. after 7 p.m. ;" and although tho buses aro advertised to moot all trains, there' often aro no buses to moot the late trains. Even if they are thoro, they aro far from as comfortable as a tram, though the drivers are most o!)li K in K , and do thoir best for thoir passengers —1 •mi otp TRAINED LEGISLATORS. , Sir.-I read with much inltreet f-i.J i letter of your correspondent, "p rn M . I ria, in Monday's issue, whir 1 . I (-hjUi ' deserves more Hum passing notice ' AH with him, tMnk that above nil o'tV- ; profcMons, that of legislation needs th« highest qualifications, say, at least thnt I of the M.A. degree. n ut lllos t 4'e, , of all that of a Unowledgo of tho "Ee- ' public and "Laws" of" Tlato.-I aln> I "fay 24, 10,0. HNB NON. ' i For Children's Hacking Cough at night, Woods' Great Peppermint Cure, la. Cd. 2s. 6dc-Advt.