The Lyttelton Times.

Lyttelton Times, Volume XI, Issue 679, 11 May 1859, Page 4

The Lyttelton Times.

Wednesday, Mai/ 11. When the District Courts Bill of the last Session of the General Assembly first appeared in the newspapers, -the,provis|ons contained in it frightened many sober people, who had been accustomed to look upon the administration of justice as the most serious responsibility ever confided to men. The powers to be given to the District Courts were very great,; the provision for ensuring efficient judges was very slight. The Governor might appoint any " fit and proper person" to the office of District Judge, and the Government

for the time being' w.as to decide, not only as -to his character and general abilities, but also as to his knowledge of the principles of law. We remember having 1 drawn special attention to the extent of the powers proposed to be given by the bill when we first received a copy of it in .this Province. Well, the-bill went through the crucible of the Committee, &.nciwas of course somewhat modified. The jurisdiction ..comprised in the bill remained in the act; and a District Court is to " have cognizance .of all crimes and offences (except perjury) committed within the -district over which its jurisdiction extends, and punishable by fine and imprisonment, or both, or by ■transportation not exceeding seven years,, or ■by penal, servitude not exceeding four yeai's." This is tolerably extensive criminal jurisdiction-; and if it be considered also that^very serious cases, may. be brought before the District Judges at their civil sittings, the public would certainly appear justified in demanding some moderate guarantee for the competency of men entrusted with such large .powers. .In the act the " fit and proper person" of the bill is required further to be a "barrister or solicitor of the Supreme Court." This is..an improvement; but it appears to us that it is not sufficient. A solicitor may be a very fit man' for the office, and so may a layman; the fact of his having been called to the bar does not give a man a knowledge of law. But it is generally understood that a solicitor's ■education is not one calculated to give much insight into the principles of law;; it can only teach the practice; and there are very^ few solicitors who make law a study, as students for the bar are at least supposed to. make it one. It might be at least expected that the choice of judges, to whom such extensive power over the liberties of their fellow subjects is given, should be limited to that branch of the profession whose duty and interest lead men to a study of the principles of the laws to be administered.

It may "be said that it would be very difficult to find barristers enough prepared to accept such offices at the salaries offered. We do not hesitate to say that it would be better not to have such secondary courts at all than to place them on a footing" insufficient to provide for the proper discharge of the duties confided to them. If the colony cannot afford sufficient salaries to'provide for a proper administration ofjustice,'all our Government machinery is of ■very, little use. It was no such exaggerated form of speech that saying that the British Constitution with all its springs and wheels was the vast machine for putting twelve honest men into a jury box. It expressed at any rate the importance attached by the ablest statesman of his day to the efficient administration of justice. Economy in Government is a very good thing; but it should be exercised in the right place. Let us economise in all other departments, if we are only liberal in the one most important to the interests of all; and if we1 cannot afford all the Courts provided for us, let us diminish their number. It would, however, not be true to say that New Zealand cannot afford good courts of justice.

Since the passing of the District Courts Act, three District Courts have been erected in the southern provinces, and three district judges have been appointed. Now it is n very invidious thing to comment upon the personal fitness of men for offices to which they have been appointed, unless there is good cause fordoing so^ and we do not wish here, nor should we have sufficient data before us ; to enlarge upon the personal competency of the gentlemen who have been selected by the General Government to these three judgeships. All we know is that they are by profession solicitors, and that, unless their studies have formed a very rare exception to that of the majority in their branch of the profession, they must find themselves in a position more embarrassing than pleasant. A barrister who has devoted a considerable portion of his life to the study of law is likely to feel much embarrassment at first in having to deal as judge with the numerous points which come before him. Are we to suppose that a solicitor is to be free from any such difficulty ? Alas in that case for his knowledge! The more he knows the more he will fear the responsibilities of a duty for which his previous training can scarcely have fitted him.

At Dunedin we presume that there is a very serious feeling of the dignity of the office; for we observe that the ' Colonist' entitles the district judge " His Honor." We hope that there is an equal sense of the responsibility. At Wellington we cannot-but feel some surprise at seeing a solicitor superseding a barrister without any adequate grounds being put forward: for it is virtually superseding Mr. Dudley Ward, who held the office heretofore of Chairman of the Sessions of Peace Court, to appoint Mr. Hart to the new court; and we have not heard that Mr. Ward failed in the duties appertaining to Ins office. As to the Nelson appointment, : all that wo know here is that the new judge, Mr. Travers, on a recent occasion showed very little knowof what is due to any court from one of its officers.

We shall not be accused of any party feeling when we expresss a strong disapproval of the appointments made by the General Government to these District Judgeships. There appears to us to have been too little consideration .of the importance of the office to which such powers have been attached. The colony would have borne out the Government in in-, curring, if needs were,,a much heavier expense for the establishment of really good courts of ■justice when they were necessary.