A PITIABLE CASE.

Taranaki Daily News, Volume LV, Issue 276, 14 April 1913, Page 6

A PITIABLE CASE.

STRONG MAGISTERIAL COMMENT. A pitiable ease, with some unusual points, was heard in the Wangamii Magistrate's Court on Wednesdafy, when a man, seventy years of age, with no criminal record* against him, was charged with having no visible means of support. The man's name is Moses Butcher, 11 ml he had, in consequence of his old age, been unable to obtain regular employment. He also had vainly tried to obtain admission to the Old People's Homes at Palmerston, Wanganui, and New Plymouth. Sergeant Bourke told the tale of the mail's misfortune to an equally sympathetic heart on the Bench ("says the Wangaimi "Chronicle."). Sergeant Bourke pointed out that the poor old man was seventy years of age; that for twenty-six years he had worked up and down the coast, and yet, because he had no permanent residence of two years in any one district, he was deprived of assistance from anv of the Charitable Aid Boards between New Plymouth and Palmerston, inclusive; and consequently he could not get into any of the old men's homes, at one of which he should undobtcdly be.

The S.M.: Surely, though, the Act is sufficiently clear as to the conditions under which charitable aid can be dispensed?

The Sergeant: Yes, but the Board's officials want to stave the responsibility on to someone else.

The S.M.: But it cannot be a question of staving off. Can he not show that he has lived for a certain time in anv prescribed place, so that the district in which he has lived longest can bp made responsible? What do our old men's homes exist for?

The Serjeant: No. unfortunately, he can't. He travels about from place to nine?, and unless he can show that he has permanently resided in a district for two years he seeks in vain for help, so far as the law is concerned. The S.M.: This is an extraordinary state of affairs. Has lie tried to get into a Home?

The Seargeant: Yes, ho tried at Palmorston. He was there shunted off to New Plymouth, and at the latter place he was sent back to Wansanui. His only offence is that he is old and unable to get work. The S.M.: It is a scandalous thins that such a condition of affairs should prevail in this country. In reply to the Bench, the defendant said he had worked at Westmere. at Hawera. Manaia, and Waitotara before eominw to Wanganui. He further stated the efforts he had made to get into the Old 'Men's Homes at Palmerston. New Plymouth, and Wanganui, but without success,

The S.M.: Did vou apolv to the police? Defendant: Xo, sir, T did not. The S.M.: You have, you sny. been to the Wanganui office? Defendant: Yes. and they said "We have plenty of our own old people, without keeping you." T trv and get work where T can. Yesterday I earned 2s fid at the Heads. The S.M.: Extraordinary! But when ■<-ou were told bv the local office tbat thev had plenty of their own old people, T do not think your informant meant to be unkind. I really think it would be a charitv to send this man to gaol for a fortnight until this matter can be ennnircd into, ilt seems a nitv to me that the police did net take the matter in hand.

I The Sergeant: Your Worship, it does 1 not come within the province of the police. The S.M.: I think that in the case of a person of advanced years being treated'like this bv the officers of Charitable 'Aid Boards, the (police should step in and see tbat thev are not put off bv the statement a Charitable Aid Board officer may choose to make. If necessary, the aid of the Crown Solicitor should be invoked, in order to ascertain the true position. The Bench then referred to the poition prevailing in England, where cases somewhat analogous were not infrequent, and where the question of settlement crops up. The Cort finally determines a settlement of abode. The same, thing, he thought, sliould exist here, so that whether it be New Plymouth, Wansranui. or Palmerton, the district responsible for maintenance should be properly fixed. In the meantime the case is a scandalous one. and one or other of the Boards should be compelled to come to the man's assistance. I think the police should look 'into it. too. The Sergeant: Why should the police t'i''" steps to move the law? The S.M.: The police are certainly '(i,P p nPS to move in the matter. Men in the defendant'"* position have no money to secure the services of a soi: e : +or. Thev are abandoned in a perfectly hopeless condition, and in a way Mnt'w-x never int'-'Vd to be the effect of 'he Charitable Aid legislation. The Sergeant: You know, your Wor«h;o, T have had similar eases before, i"d T " ,T i always in conflict with the Heritable Aid officers over this very point. The S.M.: Charitable Aid Boards exist to stop hardship, and the old men's Homes are for such people as the poor old man I see before me. T certainly Hiink that if the Board refuses to take him in, the Crown Solicitor should be "approached, and if the Board refuses him, then a mandamus should be obtained compelling them to do so. This, sir, is only a case of shirk.

The S.M.: Then it is the duty of the police to see that the officials do not shirk.

The Sergeant: How can we move the machinery of the law? .

The S.M.: By putting the law in mo""tion to compel these Boards to do the very work for which they exist; that ean be done in tlte manner I have indicated.

The Sergeant: Your Worship, it grieves me very much »*. having to bring such cases before the flourt.

The S.M.: It seems a shame that such a poor old man should be sent to gaol, and if this were done sentimental people would naturally cry shame; yet in this case, where the righthil doors are closed to him, it is only humane to send the old man to a place where, a* all events, he will get food and be protected from the elements. After further discussion the case was adjourned for a week, and Mr. Kerr, >S.M!,, interviewed Mr. (Ritchie. Becretnrv of the Board, and together they returned to the lock-up. where Butcher was quartered. A number of auestions were put to him. and Mr. "Ritchie in reply to the allegation that the old man's application had been refused at Wanganui, said that Butcher had not approached him for relief lately, but bad done so about 18 months ago. As the outcome of magisterial representations. Mr. Ritchie issued an order for the old man's admission to the Home. Tb« police Court pnvpedincrs against Butcher were then withdrawn.