POLICE' ETHICS.

Dominion, Volume 6, Issue 1650, 17 January 1913, Page 9

POLICE' ETHICS.

A REJOINDER BY MR, MYERS,

(To the Editor.)

Sir,—l would not have troubled yon to publish any further letter from mo upon this subject but for certain observations in Mr. Neave's letter published in your issue of to-day. It will, I think, bo seen from the comments that I proposo to make on the points referred to by Mr. Ncavc, that it is not I who have fallen into error.

(1) Mr. Neavo refers to. a raid conducted by Scotland Yard bfllcials upon fashionable mansions in London, where the provisions of the Gaming Acts were, supposed by the police to have been contravened, and Jlr. Neavo says: "I bavo not heard that any prominent citizen (counsel or otherwise) deemed it necessary in tho public interest in that case to condemn, utterly and absolutely, tho ruthless .and degrading tactics of the police nnd to brand tho officers who effected the arrest of theso sporting gciitry as abusers of process." The case is in no way parallel with, or analogous to, the caso that has given riso to tho present discussion, and there could not possibly have been any protest against the action of tho police because there was special statutory justification for what was done. It is tho law in England, as it is.in New Zealand," under the Gaming Act, that a Justice, upon complaint mado before him oh oath that theTe is reason to suspect any promises to be kept or used as a gaming, house .- . .-may by special warrant under his hand ... authorise any constable to enter, with such assistance as may be found necessary, into such premises, and, if necessary, to use force for making such entry, whether by breaking open doors or otherwise, and to arrest, search, and bring before anyvo justices', all persons found therein. It was under this special "procedure that the London premises referred to by Mr. Neavo were raided, and the samo procedure has beet; adopted frequently in New Zealand, and of course no exception can be taken, to it. . (2) Mr. Neave -refers to a statement in the Now Z«ilnnd Justices Manual, edited by Mr. Riddell and Mr. Holmes. Mr. Riddell was the- presiding magistrate in Young's case, and prior to entering a con-' viction, stated his own views upon the subject: The position is exactly the same in New Zealand as in England in regard 'to.this.point, and the law and the prnctico are stated in Lord: Halsbury's Laws of England, Volume 19, at page 593, as follow:—. ' .- .'.'-.■■■'

If they (that is, the Justices), decide to, grant process on an information, thev have a discretion as to whether, they will issue a summons or a warrant, but it is not usual or advisable to issue a warrant in the first 'instance, except in-'iAM*)' where a summons may bo expected to b.j .discharged;" Tho subject has also'been discussed in 'The Justice' of the Peace" English .publication, well ■ known to lawyers. In Volume 49, at page 228, there *is an editorial nrtiole upon, this very question. The learned editor, referring to a case yhich had just been before, the Court, .(■(.tils, with the matter in the following lf.nsrungci— !''■.■ t"Thero does not seem to have been any reason to' believe that a summons would, not have' been equally effectual in, securing the appoarance of tho accused person, and if that was really the case, tho issuing of a. warrant instead of a summons cannot bo justified. It ought to be borno. in mind that a warrant ought never to. Unissued when a summons will be <(|ually effectual in procuring the nppiirancft nf; a person charged, except, perhaps, when the- charge is of a very .serious nature." rlie point is one of general importance and therefore discussion upon it requires to be ■ frco from any bias against tho .bookmaker or his occupation. The point I emphasise is that unless and until ,tho Legislature expressly decree the contrary, no his trade or occupation—should bo' singled out for arrest on a summary charge when it js known that there is not the slightest probability' ; of Ins failing (o appear, upon a summons—l am, etc., :•'..'„ ■'■:•;■■■■ .-.'M.;..MYERS.-v.:'

THE '-BOOKMAKERS AND, POLICE,

Sir,—Your readers have no doubt been much interested in the discussion that has taken place in your valuablo journal during the last week over tho bookmaker i question. Our legislators passed a Bill nearly two j ears ago declaring bookmalclng illegal in' this prosperous Dominion,, which everyone expected would banish bookmakers altogether. But what'do wo find from ono end of New Zenland to tho other? Hundreds of thcm.who v.-ero li.galiscd by'tho "Ward Governmout" Carrying on their business in defiance of tho law just as openly in tho public streets in overy town as when they were licensed. No matter where you ti'avel, everyono excepting the'members of the police fcrco can soo them tote betting and circulating their double betting charts, and in quite a number of licensed hotels they are allowed to do their business the saiuo as in' the public thoroughfare. Contrast the action of tho police: with tho manner in which they deal with the inuocont Chinamen who gamble between themselves, tho sly grog-seller, the burglar, the cyclist who rides on the footpath, .the citizen who., dares, to water,his garden without paying for same, the business man who employs hands and allows them to trado with customers before or aftcrthe hours of closing, tho unfortunate individual who becomes tho worse of liquor, and dozens of other trivial offences as compared with the hoolcinaking evil. When a member of the police force, Detective Cassells, has the courage to do hds duty, and is really earnest and sincere to suppress orie of the greatest curses and evils in the country, he really does not get tho credit and support that ho honestly deserves. If there is ono man in tho police force who is entitled to the thanks of all right-thinking peopleit is Detective Cassells. It is about time tho Licensing Committees woko up and gave all hotelkeepers in New Zealand who permit bookmakers to use their hotels for betting purposes to understand they will hot have their licenses renewed. It is well known to all racing people that the amount of betting that goes on in tho different hotels at race time is enormous. See how busy the bookmaker will bo in tho Wellington hotels next week. Com- : missioner Cullen did credit jto himself and tho Department somo months ago by making a raid iipon all -the betting shops in Auckland. Well, the time-is ripe to exert tho officers. of his Department to make a move in other cities in order to suppress this growing evil, which is ruining hundreds of young men and numbers of tho fair sex as well.—l am, etc., POLICE, DO YOUR DUTY. Wellington, January 14.

Sir,—lf you will allow mo just a small space of your valuable paper I shall appreciate the same. Detective Cnssells has fallen foul of a lawyer's tongue. If any lawyer in this city should have taken John Cassolls's hand tnd shaken it that lawyer should havo been Mr. Myers. Docs Mr. Myers forget tho 'sorrow that hasi been: caused in homes by these swell bookies. Does he not know in how many homes this day thero aro sorrowing parents becauso a member of tho family has fallen a prey to these idlo spellers; and they aro absent from/home, and many of them are filling a prison coll, v.hilo others dare not return because they know they havo broken the laws of this country, and fear the penally that awaits them. All brought about by tho silk seeks brigade, tho bookies. The prlico anil detectives of this city nro doing splendid service., Sergeant Kutledge is kok. ing after the sly grog-shops, and well ho does it. What would.Te Aro, havo been if it had not been for this energetic ofli-. cer. John Cassclls is ever on (lie alert, and tho police and detectives of LambtOn Quay are keeping their eyes and cars well open watching over the vest "f the city and criminal class that como by tho ships. I am sure Inspector Ellison and his men should receive the thanks of tho citizens for keeping down crime so well. I hopo Detective Cassells will continue on in his good work—l am, etc., h CITIZEN.