BILLS IN COMMITTEE.

Dominion, Volume 6, Issue 1815, 30 July 1913, Page 6

BILLS IN COMMITTEE.

SELECTION OF MAGISTRATES,

COMPENSATION CLAIMS.

The House, at 3.20 p.m., went' into Committco upon a number of Bills, of which the first was the Magistrate's Court Amendment Bill (Mr. Hcrdmnn). Answering a question by Mr. "Wilfonl, Mr. Herdman ' said that since the Bill had been drafted it had been pointed out that the proposal to allow magistrates to adjudicate upon workers' compensation cases would probably lead to conflicting decision?, and perhaps the trials would not bo altogether satisfactory. Instead, therefore, of permitting the Arbitration Court to continue as at present, or •,{ transferring this jurisdiction to tho magistrates, it was proposed to allow the Supreme Court to do tho work. This Court sat in different parts of New Zealand more frequently than does tho Arbitration Court. Mr. Wilfovd: Counsel's appearance in the Supremo Court' will cost moro than in the Magistrate's Court. Mr. Herdman: It should not cost any more to appear in compensation cases. He did not sea any reason why there should be any greater expense. Mr. A. H. HINDMARSH (Wellington South) said that it would bo a mistako to strike the clause out. There were very few.points in compensation law that were not covered by authority, and magistrates might safely "to left to deal witli compensation claims. Mr. Hindmarsh urged that experienced clerks of court might in some instances be allowed to hear'and determine small caes, including judgment summons applications. Laymen as Magistrates. Messrs. Witty and Laurcnson objected to the provision that no person should hereafter bo appointed as a magistral o who was not a barrister and solicitor of tho Supremo Court. Tho latter member contended that a man appointed to act as "the people's judge" should be selected on quite other grounds than his legal qualifications. The Hon. J. A. MILLAR supported the protest, contending that • tho limitation would shut out tho best 'class of men. A lawyer in practice, he stated, would not bo tempted by a salary of X7OO a year. Mr. T. jr. WII/FO.TO said that he did not seo why the magistracy should be inado a close corporation for lawyers. Mr. Ilolmes, clerk of the court at Wellington, was fit to be a magistrate in any part of the Dominion. Mr. Wilfonl said that ho would liavo moved an amendment, but that he had to go to Palmerston by tho four o'clock train. The Hon. A. L. HIOIiUMAN said that tho clause had not been inserted in tho interests of any particular class. The object of Iho Biil was to improve the people's court. It was true that fome men who were not lawyers had made good magistrates, but others had failed in that I capacity. It was true (hat some lawyers had also failed, as magistrates, but nowadays a magistrate frequently had to decide dillicult questions of law, and must have had a legal training. It would be as reasonable to propose that men without legal training should be appointed to the Supreme Court Heiich as that they should be appointed to the magistracy". The alteration proposed was a slight one. If the Jiill were passed as it stood it. would be more satisfactory to the public and place the Magistrate's Court on a better footing. There was nothing, to prevent a clerk of court who passed his solicitor's examination becoming a magistrate, Mr.' E. P. LED said that laymen without a JcnowledEa of tho lan - wero totally

incompetent lo carry out tlio duties imposed 011 magistrates. A man who possessed tlio necessary qualifications to he a magistrate would have no difficulty ill passiii;; the solicitor's examination. -Mr. (.1, J. Anderson supported the clause, auil Air. G. \V. Forbes opposed it. Examinations. Mr. I.AUKENSON said that lie was prepared lo name a present magistrate who Had passed a "sway of examinations," and was ail utter failure as a magistrate, lie declared tliac tome of the biggest ass.es in this country wt-re men wlw had passed i snowy examinations. ' Mr. C. IJ. STATIiAAI suit] that a magistrate certainly needed common-sense, out it was equally necessary that lie should possess legal knowledge. Frequently, when a magistrate heard cases there were 2io solicitors on either side, and the magistrate had no one to prompt him. Mr. Isilt: More likely to come to a wise decision. Air. Statham: Yes; but he may come to a decision in defiance of the law. A Hostilo Amendment. Air. G. W. TiXJySLiLL (Avon) said that lie wanted to know why power of appointing magistrates had not been vested in the Public Service Commissioner. Why did the Minister retain power oi patronage in connection with tho magistracy tnat he had taken away in regard to the rest of tho l'ublic Service? "Inconsistency," said All'. Russell, "thy name is Heramau." (Laughter.) Mr. Kussell contended that somo of tho finest magistrates in New Zealand had been men devoid of legal training. Ho moved that the sub-clause excluding persons other than barristers and solicitors from tlio magistracy bo struck out. Air. L. M. Isitt supported the amendment. Air. HEP.DMAN replied that tlio . English. system of administering justice was tho best system ever devised in Hie world. It had arrived at its pitch of perfection because those administering it had all been trained in the law. If tliey wanted to have an efficient Bench in this country it was necessary to havo men trained in tho principles of the law.. Ho considered tho clause so nccessary that if it were struck out he would drop the Bill. Air. T. K. SIDEY supported tho attitude taken by the Alinister. If tlio condition were laid down that a magistrate must bo a qualified lawyer, there would bo an incentive to clerks of courts and others to qualify. Many of them had already so qualified. The latter part of the discussion was in the main a contest between the Opposition and legal members on both sides of tho House. -