THE GLOBAL. SATURDAY, APRIL 16, 1881. THE ADMINISTRATION OF JUSTICE.

Globe, Volume XXIII, Issue 2226, 16 April 1881, Page 2

THE GLOBAL. SATURDAY, APRIL 16, 1881. THE ADMINISTRATION OF JUSTICE.

Me. Batkin, Assistant ControllerGeneral, and Mr. Seed, Secretary for Customs, have sent in to Government their report on the reductions in, and reorganisation of, the Civil Service, as far as the North Island is concerned. Although but little has transpired as to the recommendations made, it is stated that they have shown that very large further reductions may be made, and that without in any way lowering the efficiency of the various services which are to bo operated upon. It would probably be natural that two Civil Servants charged with the task of suggesting reductions would either bo somewhat prejudiced in favor of the Civil Service, and consequently recommend but few alterations, or would slash rather wildly at exisfng arrangements on the principle that it is as well “ to bo in for a pound as for a penny.” Messrs Batkin and Seed have adopted the latter course. Now, although some of their suggestions are, no doubt, of the greatest value, and will be eagerly acted upon by Parliament, yet there is one suspicious circumstance which would lead one to infer that a considerable quantity of gilt will have to be taken off the gingerbread before it is fit for colonial consumption. It appears that the chief reductions suggested are in the Department of Justice, and, as far as

we can make out, it is proposed that a saving of £IO,OOO in salaries alone shall be made in the North Island in the said departmer t. Now if Messrs. Batkin and Seed had principally attacked the departments in the knowledge of the conduct of which they may be deemed specialists, wo should certainly have felt mere comfortable about the feasibility of their ideas. But wo are unaware that these gentlemen are in any way specially qualified to pass judgment on the carrying on of the Department of Justice. We do not mean to say that all their suggestions with respect to this department are probably unsound, but ugly rumours are in the air that they have arrived at their reductions to a large extent by the very simple process of the proposed elimination of a number of Resident Magistrates. Now Mr. Batkin may be an extremely efficient Assistant ControllerGeneral, and Mr Seed may bo a heavenborn Secretary for Customs, but if either of them imagines that the people of Now Zealand generally are willing that their lower Courts shall bo permanently presided over by Justices of the Peace, he is very much mistaken. The process of abolishing Resident Magistrates is, no doubt, fascinating, because there is so little trouble in the operation, but unfortunately it ought to be presupposed that the public at large are satisfied with the ordinary run of “ justice.” But can it for an instant be supposed that they are ? Or can it be expected that they should bo ? For on what grounds are most Justices of the Peace appointed ? They are appointed either from political motives, or because they are wealthy and respectable, or because they live in out-of-the-way localities whore the presence of a Justice is necessary, but they are seldom appointed because they have any real knowledge of the law. And the Justices themselves are often the first to acknowledge that their knowledge is somewhat shadowy. If a complicated or important case comes before them, they often determine to let it stand over until the Stipendiary Magistrate puts in an appearance. Now, if any workman is worthy of his hire, that workman is the Resident Magistrate. As a rule, they are an underpaid rather than an overpaid class, and if some of them have rather easy times of it, that is the fault of the Government for not putting a sufficiently largo district under their charge. Generally speaking, the justice they dispense may be said to be very cheap—cheap not only in itself, but cheap because it is sound. For as in the matter of trade, so in the matter of justice, the shoddy article is in the long run the dearest.

We trust, therefore, that the rumors afloat respecting this item of the report of Messrs Batkin and Seed are unfounded. In Sydney we hear that the administration of justice by Justices of the Peace has reached such a pass that it is frankly confessed in Parliament that the time has arrived when it will bo necessary to dispense with the service of unpaid Justices and have Stipendiary Magistrates. There, indeed, several cases have lately occurred where the Justices were not only incapable, but grossly biassed. In New Zealand|this latter fault has not been complained of, but the public have a natural wish that their Courts should be presided over by competent men. Judge Johnston, in his work, “The New Zealand Justices of the Peace,” commences operations by the following sentence : —“ The office of Justice of the Peace is, in England, one of considerable antiquity and honor; and from the multiplication of duties attached to it by a long series of statutory enactments, it has become, both in England and in her colonies, an office of great responsibility and importance, requiring for the due discharge of its functions a large amount of intelligence, patience, and discretion, and a general acquaintance with a very extensive body of law.” How many Justices of the Peace have, or indeed can be expected to have, this “ general acquaintance with a very extensive body of law ?” And yet such is absolutely necessary if their functions are to be efficiently carried out. There are no doubt a good many more or less ornamental officials in the Civil Service that we can spare, but our Resident Magistrates are by no means too numerous, and if Messrs Batkin and Seed have indeed made the suggestion we have hinted at, and plume themselves on the supposed discovery that the people of New Zealand will be satisfied with the “ Great Unpaid,” we trust that they will be undeceived as soon and as thoroughly as possible.