The Wairarapa Daily. WEDNESDAY, OCTOBER 1, 1884. SHEEP FINES.

Wairarapa Daily Times, Volume 6, Issue 1802, 1 October 1884, Page 2

The Wairarapa Daily. WEDNESDAY, OCTOBER 1, 1884. SHEEP FINES.

At frequent intervals the public in New Zenlaud are startled b> records of enormous fines inflicted under the Sheep Act, which are out of all proportion to the offences committed, and which, even in some instances, are levied neither for sins of omission or sins of commission, but simply as a misfortune for some well-deserving settler. Such an instance oocurred this week in Masterbon, when the Resident Magistrate was obliged by the view he took of the law to inflict a penalty of L 237. On the legal point under which the tine was inflicted we express no opinion as it is still subjudice, bat apart from this the case offers some occasion for comment. The evidence of the prosecution went to show that intelligent and persistent efforts had been made to clean the lea flock, but that these efforts had been thwarted by natural causes beyond human control. Under these circumstances there was no moral offence, and in equity there should be no legal offence, therefore the severe fine meted out to the defendant was a palpable wrong, Thequestion arises whoisresponsible for this wrong 1 Is it the Legislature which passed the drastic measure under which the injustice was perpetrated or the Department which set in motion the power given to it under the Act. We can understand that in measures like the Sheep and Eabbit Acts full powers must be given to the executive to carry out their difficult duties, We do not object to " the giant's strength" being accorded to the officers of the Department, but they should use it like a giant. It is evident that either the Act should be so modified that tyranny under it should be impossible, or that the officers, who administer it should enjoy a discretion which would enable them to exercise intelligently its penal powers, If the former course were adopted the measure might become to weak as to be practically inoperative, but we can see no practical objection to the latter one being resorted to, Apparently, the representatives of the Department in this district have no option but to enforce the penal clauses of the ■ Act, without respect to the moral guilt or innocence of the persons with whom they have to deal. No doubt, the Act itself is capable of amendment, but it is evident that the most perfect mpasure in the world if inliiscnvily ■uduniiK'ii'i'ed would be a failure -given a Colonial Secretary who does not understand sheep farming, and to whom theterm "scab"conveys merely a disagreeable impression, and given n Chief Inspector who is not ut capable admiiiUraloi, the outcome must be unsatisfactory, Sheep in.sncctigu scan- ■

dais are not confined to the Wairarapa, they are rife at intervals throughout the colony, and one an all tend to show that tho administration of the Act is defective, The other day we read a parliamentary report of a Nelson sheep scandal. Scab breaks out where it ought not to appear, and it is not suppressed in districts where it ought to be extinguished. If an Inspector is asked the reason of this it is usually found that he is more or less tied by instructions front headquarters, or in other words the chief inspector exercises the control but the blame, when any one is to be censured, falls on tho subordinate. If the Government held the chief inspector personally responsible for the sins of his department and allowed him to deal as he found it necessary with his officers we should hear no more of the petty squabbles and grievances of inspectors. The Department; is, as now constituted, liltapo Deportment, and this in a ? ;great measure explains its non-success as an ■' anti-scab bureau. There are many capable and intelligent officers in : the service, but till a better system of administration is introduced the colony scarcely reaps the advantage.