The Daily News. FRIDAY, JUNE 14, 1901. MINISTERS AND THE BENCH.

Taranaki Daily News, Volume XXIII, Issue 119, 14 June 1901, Page 2

The Daily News. FRIDAY, JUNE 14, 1901. MINISTERS AND THE BENCH.

The Bawera Star sajs:—" People who argue that Magistrates should hold ofiics on a definite tenure will find support for their argument in an incident of the lie 3D 80 controversy now going on at New Plymouth. Tne Stipendiary Magistrate there is still eugag d in heating «videnee and legal argument, on the question as to whether a license should be transferred from B-11 Block to the town. The question at issue if, first-, tbe construction of the liw, aad next, the exercise of a discretionary power by the magistrate. Judging by the amount of time taken in hearing the case and the number of counsels engaged, the magistrate sitting as a licensing authority has a diffiiult task to perform. Just when the case is part heard, there appear at New Plymouth on their way to Auckland the Premier and the Ministw of Railways, tho two men who dominate the Cabinet and have the fate of every civil servant in their hands, and thate gentlmen take the opportunity of staging to a newspaper representative that they are entirely opposed to the <i the licsnee, that they considered the application a direct evasion of the Act and had instruc-ed to police to oppose £*, and that they were eauch annoyed at hearing a rumour that the Government favoured the proposal. What is the position of the Magistrate ? It seems to us, unfortunate to say the least of it, that Cabinet Miniit?ra shonld express any opinion on a matter pending before a Court or before a licensing authority when that authority is a civil servant. It intensifies the difficulty of a magistrate or a Licensing Commissioner, and is likely to teach the contestants that it is worth while placating the power behind the Bench." Our Hawera contemporary misses the main point. The S.M. is not sitting in his judicial capacity but as a deliberative body. His own address at the commencement of the business shows that he treated it as excep'ional and outside his magisterial duties. The Star published this address and callad it a remarkable one. In this address the S.M. travelled all over the wide world and se.erely criticised the law which as a magistrate his ouly busire?s is to administer, but as a deliberative bedy he was fully entitled t) criticise. Every one that read rr lie'.rd that address will agree with the S'ar that it was a remarkable one Sitting asaLirecsirg Commi'.tee the S.M. is in the position of chairman of a local body having to give the casting vote just as if had a committee be°n eUcted and sit ting with him he would have done had they been equally divide d. It is only by an decide tit th'it a committee is net i-itting with him end had ihey b en so sitting th.ir del'b-n----tiors wculd have fce c n a f tir subject for criticism right up to tbe time of giving thfir derision. The a'cident of no Committee beirg elec ed dot s not altn 1 t l e fuactions of the Committee, but p'acis the duty of earryiog them out in the hands of tho S.M. Pivof ( f this was s en in the e i'e of Eginont dist'ici whue the m»j irity of •h- Co-nruitfee ruled, although the S,M. voted with tho minor- y Tha Lie li-ing Ac whi-.h thy S.M. sevoiely ccnde<nel 'll h s reniak-b'e nililns. v.j:p i>i><nd <l, as • n pu-vicus'y pointed out, to piact) :he rireit control ui the hands of ihe p ople, aDd as the custodians of he inte>est of the people the Government would be grossly ne q'esting their duty if they Hid noi safesii'i'd th .sb inuie ts. The S.M. in h's capacity vg a Licensing Committee has express d tho upiniun tha 1 ; the pe 'pie a o to', fi , 'o b.i entrusted with :he pivihges imposed on them by the ' legislaiuiv, bub that commercial traveller s should decii'e i questi >n which the law says shall ba decided only by those

who live in the district, and b.ive lived there lorg enough to know something of i's requirements, and who have qua'ifieJ themselves to vote at ail election of those who make the hw.