GEORGE EDGEGUMBE, Proprietor. GEORGE EOGEUMBE, PROPRISTER, TUESDAY, APRIL, 27 1897

Waikato Argus, Volume II, Issue 126, 27 April 1897, Page 2

GEORGE EDGEGUMBE, Proprietor. GEORGE EOGEUMBE, PROPRISTER, TUESDAY, APRIL, 27

It is tin- fate ot' iiuiny fpteslioiis of public importance to rlroji out of notice Sometimes this is coiisaquciit on (lie want uf earnest meii to keep them before the public ; in others, matters of more immet Jute interest intervene, and lli"v are temporarily forgotten. This lius been very much the ease with, die ijue.-dioi! raised by Mr Ihplvicl Judgij KuUlo, in l^'. 1 -', a-; lu jela-

lug District Judges and Stipendiary Magistrates in a position of in dependence of tiie Kxoeutive (government, similar to thai hold by tHe Judges of the Supreme Court. On the' 10th October, 181)1, tlio Legislative Council passed the following resolution :- ■-" (I). That in the opinion of this Council it is essential to the impartial and fear less administration of justice : that (a) the tenure of ollice of District Court Judges and Stipendiary Magistrates exercising extended jurisdiction should be ' during ability and good -behaviour,' and not as at present during the plea sure of the Executive : (b) the salaries of such Judges and Magistrate should be adequate and should not be liable to be reduced during the term of ollice of the Judge or Magistrate receiving the same : (2) that in the opinion of this Council the salaries at present paid to District Court Judges and Magistrates, and especially the former, arc wholly inadequate." In 1881 the Royal Commission on Law Procedure passed the following : " That the judicial officers presiclsing over local courts of extended jurisdiction bo appointed during good behaviour with salaries fixed by Act." Following on the action of Mr Kettle alluded to above, numerous public bodies, such as Chambers of Commerce and. Borough Councils, passed resolutions favouring his principle. The Public Petitions Committee of the House of Representees, which dealt with Mr Kettle's petition, reported : —" Referred to the Government for favourable consideration,'' which of course was tantamount to endorsing the proposals. Notwithstanding all this, the (Government has done nothing. To have acted upon the suggestion, would have detracted from the autocratic power over Government officials, which is so unsparingly exercised by the present Ministry. A recent writer dealing with the question says :—" In the general course of human nature a power over a man's subsistence amounts to a power over his will, and we can never hope to see realised in practice the complete separation of the judicial from the legislative power in any system which leaves the former dependent for pecuniary resource on the occasional grants of the latter." It is equally important that the salaries of District Judges and Stipendiary Magistrates should be fixed by Act as that their tenure of office should be guaranteed to them " during ability and good behaviour." There surely cannot be any difference of opinion as to the desirability of having all magistrates as independent as possible of Ministers, and in consequence also of strong combinations capable of bringing pressure to bear in order to penalise a magistrate holding views and interpreting the law in a manner antagonistic to their interests. The Judges of the Supreme Court can only be removed by resolution of both Houses of Parliament and their salaries are fixed by Act, the Executive can neither add to nor reduce their stipends. As to the salaries, we hold that the magistrates who pre side over our lower courts should be in precisely the same position, it might be inconvenient in practice, however, to make a resolution of Parliament necessary to their removal from office. This power might very well vest in two Judges of the Supreme Court, who should decide as to ability and good behaviour and give judgment accordingly : initiation of proceedings to rest with the Attorney General, who would of course be incited to action by the Exective. The Supreme Court Judges would, wo think, prove more competent to deal with such matters than Parliament, they are thoroughly independent, and we are confident that no magistrate, fit for his office, would object to their judging his capacity and conduct. In any case, this matter must not be allowed to drop until something in the direction of lifting magistrates above, the power of the .Ministry of the. day has been accomplished.

The conference of Trades Councils has passed the following resolution ' — " That the Government be asked to introduce an amendment to the Corrupt Practices Act, making (1) individual canvassing by a candidate or any of his supporters, before or on the day of an election, illegal: (2) touting on the day of an election illegal; (3) to amend the Electoral Act, to prevent any impersonation, or plural voting." It is not often that we can agree with resolutions passed by Trades Unionists, as their general tendency is towards a monopoly for thoso who pass them. "We can, however, thoroughly endorse the above. Personal canvass, whether by the candidate himself or his supporters, is directly contrary to the spirit of the electoral laws, and to a 1 uge extent does away with the secrecy of the ballot, the object of which is to protect voters from the consequences of their political opinions being opposed to those who employ them or who may have power to forward or retard their prosperity. There is no earthly necessity in these da>s for personal canvass, printing is so cheap that every voter can be reached at less cost than is entailed by personal solicitation. The old system of addressing meetings of electors should of course remain, as this brings candidates before the constituencies, and enables them to be questioned on matters not clearly explained in their printed addresses, The only people who are benefited by canvassing are (he touts themselves, who for the most part are prepared to " barrack " for the men who pay them best, regardless altogether of political opinions or political principles. Until the reform the Trades Council a sks for takes place elections to Parliu* iciciit will continue to be a nuisance to the whole community, and ;i ffeaudal for which every lespectable «iti/tin has good causes to blush.

(unity afforded by tbc now notorious Butler passing Auckland lo pander to the utmost of their ability to the morbid feelings of unevenly balanced characters. No detail has been too small to notice and no statement or remark by the supposed criminal too trivial to be recorded, oven to the length of reporting ;t disgusting expletive made iti consequence of the shutting of n port lij.Tit. It has been often stated and frequently substantiated that literature after the style of Jack Shepherd has led to crime in imitation of the men who on account of their misdeeds have been exulted to the position of heroes. It is a pity that our eonteniporarijs are not alive to their responsibilities.