Manawatu Herald. THURSDAY, SEPT. 21, 1893. The Milton By-law.

Manawatu Herald, 21 September 1893, Page 2

Manawatu Herald. THURSDAY, SEPT. 21, 1893. The Milton By-law.

Our excellent Premier has failed to grasp the situation at Milton. When the outcry was raised at Captain Kerr's imprisonment, Ihe Premier, with the lofty disregard of the opinion of both law and the public, ordered his release from gaol. As far as we had any part, which was not much, in the agitation, it was not raised against the decision of the Magistrate but at the by-law made by the Milton Borough Council. This by-law has been overlooked by the Premier, and straining at the gnat of imprisonment, he has swallowed the camel, by-law. To effect any change this Minister will have to retrace his steps and pay more attention to the root of the evil he admits exists. The Milton Council wisely ignores the action of the Premier in the Kerr case and persists in prosecuting the offenders agaiust their bylaw, as on Monday other members of the Salvation Army were brought before Mr Hawkins, the Besident Magistrate, for similar breaches to those committed by Kerr, the result being conviction with fines or imprisonment. The Magistrate gave his opinion that he thought Matthews was mistaken when ha maintained the Army had a right to form processions in the streets, notwithstanding what the Lord Chief Justice of England had. said. , The Army had been told that in New Zealand they had no right to do so, and yet they persisted in doing -it. He must tell them that the Lord Chief Justice of England's views with, regard to the liberty of the

subject had been most expresely and unanimously declared to hi wrong by a Court of Appeal in England. The law reli d on in Ken's ease had been confirmed in the cr.sa of Harrison v. the Duke of Rutland, and he must tell the Army, as they relied so m;ch on thjOjord Chief Justice of England, that in the case of the Queen v. Hopkins i- was decided in the Appeal •Court m KobfuAi-y, 180>1. Two Salvationist were eonvicied by a magistrate, on« for playing, the* other for singing 'in the public streets, and they were fined ioi. They said that they would go to p:ison for one month each The case went b: fore the Court of App?al on the technical question as to whether a magistrate could se.id to prison for one month, and the Court of Appeal decided that the conviction was perfectly right. The Lord Chief Justice of England said he wholly assented to the decision given by the Judge. He (Mr Hawkins) was in duty bound— he could not -do -otherwise — to convict the defendants in the case. By the Magistrate's ruling it must be patent to the dullest that whenever offenders against this by-law> are brought before him they will be fined, and if the fines are not paid they will, be imprisoned. Is the Premier going to pass the remainder of his term of office in releasing offenders sentenced by law to im prisonment ? if so this will be more scandalous than the by-law. If not, then unfortunate men have been enticed on to break the law, relying on the Premier exercising an authority he has no business to exercise. Parliament is in session aud surely, if the Premier has the courage of his convictions, he could introduce a Bill by which such peculiar legislation as that of Milton could be made illegal, and thus put all parties on a right footing. It is possible if some such action is not taken other boroughs may act as the Milton borough has done and thus make matters very unpleasant before the next session of Parliament.