SATURDAY, DEC. 17, 1898.

Waimate Daily Advertiser, Issue 30, 17 December 1898, Page 1

SATURDAY, DEC. 17, 1898.

As a derisive expressiqn, " Justices' justice" is at least as old as Shakespeare, and eyery noyr and again it would seem as if our J.P.s felt bound to do something to keep the ancient expression alive, and applicable to modern practice. The Cb.ristch.urch Progressive Liberal Association, a very live institution ajid probably the largest and most active political assosion in the colony, recently called public attention to the necessity for reform in the manner of appointing J.P.s, and for attention being paid to the qualifications pf those appointed to perform so many and important duties as am required of those who hold t]je office. We are led to make th^se remarks, because of the action of a bench of local justices in & case reported in our last jsaue. A man was charged on th« information of the Pareora ranger with allowing cattle tfi graze on th.c road. As to the fact of the alleged grazing, the evidence wag to sorqe extent contradictory. If a mistake was made, the question to, bo decided was who had made the rnisfake — the ranger or the girl who drove the cattle ? On that aspect of $h« case, W» offer no. opinion. What we desire to call attention to is th.c fact that a man •gainst whom no charge was proyed has been compelled to pay a £1 fine and costs 4>l 18s 7d. briefly the evidence given at $he hearing of the case was as follows. The ranger saw a young woman, daughter of a t^ttjer, taking 10 head of cattle along the road, He said that ihe young woman allowed $he cattle two spells of grazing, one of 20 minutes and one of 15 minutes, ' and that she had taken 1 hour 85 minute's' ' to traverse a distance of a little over half a mile. For the defence, the young

■yomaa said she had bee*} 1 hojir'ls minutes driyyig the cattle , a mila an<^ a half, and h,ad; only allowed thera tq stop onpe to d^nk at the -water race. The owner of tjh,e cattle said he had told his daughteirthat the ranger had had coinpl»ints r< about the ciattle, and that the was to keep them n^oving, ,hjut not to drive, -, them r too hatd tj :As:,mopt people know, it is an offence to, allow, animal* to eat the grass growing by the

wayside, except in the ordinary course of driving stock. The law was made stringent, in order to meet the many tricks resorted to by thoie who persist in using the roads for grazing stock, and every responsible person who violates the law is liable to bear the penalty either in pocket or person. In, the case under notice, counsel for the defence contended that no offence had been proved against the person charged, and produced autho, rities to show that one person could not be held liable for the criminal acts oj another, while counsel on the other side virtually insisted that a man ix responsible for the criminal offences of his servants •ren when the latttr act in disobedience of his instructions, The bench apparently •greed with this absurd view of the ease. As counsel for the defence pointed out, if the case were dismissed as against the owner of the cattle the actual offender, if •try offence had been committed, could still be charged. No one expects justices to understand all the intricacies of tht law and tho subtitles of lawyers, but they are at least expected to give decisions aocording to common sense. It may be contended that in the case under notice no actual injury was done, for if the case had been dismissed against the father and another successfully made against the daughter, the father actually would suffer, as he would have to pay the fine. But there is more in the case than mere £, s. d. It i 3 the principle laid down which is bad. If the decision in this case were to be taken as a precedent, an unscrupulous or careless servant might land his employer in gaol ; for if a man cannoi meet the fine in such cases he can be imprisoned in default, and cannot, as in a case of damages, escape through the bankruptcy court. - What must be kept in mind is, that in such cases as we are,noticing the direct offender can be reached and compelled to pay the penalty due to his offence, We agree with the bench that the herding of cattle on the road is a great nuisance, and should be stopped: this, however, must bedonein alawfulxflannei, It is no part of justices' duty to legislate, th.ey must administer the law as they find it. In this instance it would seem as it the bench bad allowed its feeling to overcome its judgment, and Waimite hasi the distinction o,f adding one more item to the list of queer things done in the name ol the law.

' — ; i, , t i No publiio library in these days is cOtpV plete without a section, containing works of reference, and in this, respect Waimate Public Library is a long way : behind t the times, and with good reason" ' For yeans bacl^, for lack of funds,' the Library Corn^ ' mitte'e have nqt .been able to do m,ore yap® meet current expenses and add a few * new books occasionally io the cireuJatin,g department. , It has been beyond the committee's power to. ,buj works as' are* necessary, for a reference library. True there, are ajfe^workg,^ reference such asaneditjanof Chambers's " Enoyclopasdia, dated, 1874, a few ;a ff.w ojiher book* , equally anoienL have a'pr'dposal to make%nich wabeneve •will meet with the.apprdvar&fthe.natelli-. "gent portion of the community,^The proprietors of the London Times are; pre, * paring a now edjtion q| the Enoyolopjedia,

Britannica, a colossal work df 25 latfgld volumes, occupying a space of si* cubiri feet. 3?or the information of those who' may not be familiar with the work, we' Make the 1 following quotation from the, _ propectud :— " It is difficult for .Englishfcpeaking pedple, to whom the Encyclopaedia Britannica is a sort of national Institution, io Realise the position which thte indnuniental work occupies among the great publidatidns of the world. In no tither language does there exist a similar beries of books which undertakes to review fend coinpadt.tho pntire sum of hjimari knowledge. it be of a character or of an epoch, ■ a question of <4cie"nce or df history, a" subject of art or philosophy, of law or df trade, it is the' , .peculiar merit df the" Encyclopedia t Ejritannica that it* puts' the reade*' jn,"instant possession of the fullest, %)m 'most 'accurate information obtainable^ It is a stdiridard and Jin authority up'bn tjvery topic in Which' the mind qf man finds interest.^' The cost, vised to be Js37 to .£65, according to the Quality of the bindings ThA Timers Gdndpany ai*e issuing theit? new and up-to-date edition in three styles at £16, £26, and £27. It has been suggested to us that th 6 public might sub- . scribe for and present a copy of the Ericyclopsedia Britannica to the Waimata Library to be used as a work of reference, and ayailable to the general public. The Library Committee has not been approached on the subject, but we should be supsised if it did not fall in with the proposal. It only requires 32 persons to put dojvn ten shillings each, and the thing Ts ddn'e. One gentleman to whom we Ax&vq* Ispoken has promised his half sovereign, and we have added ours. Can we, geV., 30 other persons to do the same 1 , <jr 60^)10 wjll give five shillings each, or 120 wflo will give half a crown ? We shall be glad to receive subscriptions, and publish the list of names and amounts.