Justices Dismissed.

Manawatu Herald, 26 April 1902, Page 2

Justices Dismissed.

A RESULT OP DUNEDIN BETTING OASES. ■ T - The Dunedin Star has authority for saying that S. G. Smith, A. Christopher and P. Mallard have been called upon to resign their commissions as Justices of the Peace, and publishes the correspondence on the subject between the Minister and Mr Mallard, which explains the position. In the:first;plaoe the UggerSecretary of the Justice wrote :—“ lam directed by the Minister of- Justice to inform you that his attention has been - drawn ,to. the proceedings in the recent prosecutions against Peter. Gtan? Tor breaches of the Gaming and Lot|eM# Act, in which you adopted ; shh’nr& usuaTcourahof taking ybur the Bench, although the dates ;f|xeJ for the - hearing were dates’ on which a Stipendiary Magistrate sits purpose of taking police cases. The proceedings of the Justices "who’insisted upon sitting and’ adjudicating in these prosecutions have atoudhcUso much public comment of an unfavourable nature that the Minister will be glad to receive any remarks or explanation that -you may-desire to offer thereon.” .

Mr f Mallard’s reply was in effect that his reason for sitting on the first occasion was the desire he felt to point out to witnesses the risk they ran of being prosecuted themselves, and oh the , second occasion because he was anxious to hear what, his Honor’s ruling was as to the adrnis-. sibility of certain evidence. The Minister thereupon wrote that after considering the explanation he was of opinion Mr Mallard should tender his resignation. Mr Mallard’s reply referred to hi«

loßfgf s&ffcb a's a Government' officer and Justice of the Peace. He pointed out that he was constitutionally right in sitting, and concluded thrft; “ Permit me to say that I am in a Idilemraa. To tedder toy resignation W3uld be an admission of incompetence or misfeasance. To allow my- - self (as you evidently imply) to he gazetted out would be a disgrace. Of course, I can do nothing but leave myself in the bands of the Hon. the Minister; feeling certain that he will grant an inquiry before final dismissal.” . ;It is understood that Messrs A. Christopher'and S. G. Smith, the other two Justice# concerned in the gambling oases, received similar communications from the Justice 1 Department to that -forwarded to Mr Mallard at first.* . , ,