Tuapeka Times. AND GOLDFIELDS REPORTER AND ADVERTISER. THURSDAY,AUGUST,21 1873. " MEASURES, NOT MEN "

Tuapeka Times, Volume VI, Issue 290, 21 August 1873, Page 4

Tuapeka Times. AND GOLDFIELDS REPORTER AND ADVERTISER. THURSDAY, AUGU ST,2 I 1873. " MEASURES, NOT MEN "

Adverse, as we are to $W yer 7 objectionable system of perpetually tinkering at Acts or Ordinances by piling amendment on amendment,, there can be little doubt tljat the. Resident Magistrate's Court Act requires alteration in some very important particulars, oae. or" w^u/jb we shall proceed ta poh*t outs, It is very requisite that lit^ants. should have absolute power in demanding and procuring the attendance of witnesses who are possessed of information concerning the subject, matter of dispute ; but -we must, take exception to the manner in which, as the law stands, their attendance is obtained- If the desired, witness lives over a Baile from the. Courthouse, his reasonable travelling expenses must b» tendered to- him when the subpoena is served, and j then he is supposed to be bound to come ; but, if he- fails to attend, hecannot be arrested and forced to give evidence, but he can be brought before the Court and punished for his disobedience of its mandate. If the witness lives within a mile of the Courthouse, his position is jjust the same, with the important difference that no expenses nee.d be tendered :to him. This on the face of it is an injustice to the "witness who lives, within the mile, whose time is as, valuable ta him as. tfefc person living outside, this charmed circle. Weare in a position to state that, recently one witness, resident with^ in a mile of the Lawrence^ Courthouse, in a case irecently heard devoted a consideraibfe part of'fcfereedays to loitering about the Cow- 1 — - waiting to give evidence in a case of no possible interest whatever to* him, but relative to which he- was, possessed of information of presumed! value to the litigants. And yet. this, witness, did not receive oneshilling of expenses ; and, as thecase in. consequence of its peculiarlegal aspect was suclx^hat the Bench, could not award costs, the witness* can only recover- the value of his. time by legal process against the. party who subpoenaed him. To re^ cover his expense^ he has thus to involve himself in a paltry law suit,, brought about by his being compelled to attend- and assist in thedespatch of other men/s business. The injustice of all this is. sa glaring as to require no, comment on thefacts, and we trust that out- repre1 sentatives in the General Assembly will take the matter up and securethe needed reform,. If a man is; called upon ta give- evidence, it i& to be presumed that} his evidence is, worth having, and: if so it is worth paying for. His reasonable expenses should accompany the. subpoena — expenses, fixedj not arbitrarily by himself, but byascale> approved by Government-— and this, done the Court should have powerto compel his attendance as a, witness as well as to punisKhim. for disrespect to< the Court, for non-attendance. If such regulations were in forcej a very great deal of valuable time,, whicht is now wasted' by the- constant, quibbling which the existing- lawgives rise to, would be saved, witnesses would attend more- willingly and with satisfaction, and the Magistrates would be- spared the* trouble of constantly explaining the; matter, and having to. admit that the law gives them np : power whatever to. enforce tlie order contemedi in the subpoena.

With regard to the extension of the: telegraph to Tapanui and Switz^rs,. we have not seen that any- further action, has been taken in the* matter in the Assembly by the, member for Waikaia or Tuapeka. The* reply given, by Mr. Vbgel whjenj the question, was asked hiißj was. that the cost of the work- WiOuJct be ,J64,000< odd. We are informed;, on very good authority, that it would not cost .above one half that amount W& believe the* Government- bftv© ob-* tamed an approximate esfcwo&te of' the- cost sin.cc Mx. Bradsh^'wP asked his question,, and we- fofust that, gentleman will not teh the subject dropi seeing- a very little pressure* brought to bear upon the Govern-, inenfo might be the means of ac> complishing an object so devoutly' to be- wished by a, I^^ S6$JPJfc m I <thp (jqniman^-