THE BUTTER PROSECUTIONS.

Otago Witness, Issue 2895, 8 September 1909, Page 8

THE BUTTER PROSECUTIONS.

DEPARJIENTAL ACTION CRITICISED. CFbom Our Own Cobbespondent.) WELLINGTON, August 31. There is much talk about the attempt of the Agricultural Department to stop the prosecution against the New Zealand Dairy Association on a charge of exporting butter containing excessive moistttre. Even the Ministerial morning journal writes of it as " an ill-considered step." The assertion that the department has achieved its object by giving publicity to its intention is (says the Times) altogether too thin. A» the magistrate in

Auckland very properly pointed out, the object of a prosecution is to prove an allegation, and as the proposal was submitted to him he acted quite properly, in declining to allow a withdrawal. In I, fact, it would have been most improper, if he had acted otherwise. The question to be decided is whether the New/ Zaland Dairy Association has done what? the department alleges. It denies the charge, while, the department affirms if. The issue between the parties is of greatr interest to one of the Dominion's mosti important industries. Evidence has been given for the prosecution, but the defence has not been heard. * It declares its anxiety to" refute the allegations, then why not go on? If a Government department can bring charges of improper trading- against a company and be able to withdraw when it has stated its side of -the case, we protest that an evil example would be set to the private blackmailer and the speculative litigant.. These people are not parties to a civijsuit involving personal loss or gain, bufc' to a case in which infraction of the law is asserted iy the- prosecution. Its merits should be decided by the court alone, not by whims concerning the value of " publicity " entertained by officials. The manner in which the whole- question of adulterated dairy exports has been - handled by the 4^partment does not inspire respect, *and we are bound to remark that mistrust of its discernment' would degenerate into contempt if it»first spasm /of activity ended so ' igno-. miniously as would seem to be somebody's wish. Moreover, a very grave injustice is being done' to the association, which should have the chance of- clearing itself. - The department should go on' and justify its charge if it can, and if it • cannot so much the worse for ite reputation.