The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1878-05-18 00:00:00

(Ely (tourliritrge Obsertytr.

SATURDAY, MAY 18, 1878

THE ADMINISTRATION OF JUSTICE.

The efficient working of the machinery for
the administration of justice is one of the most
important characteristics of a system of civilza-
tion. It is an essential principle that justice
should be easy obtainable, that it should he
brought to the people, and that no difficulty
should exist in the way of having wrongs re-
dressed, and evil-doers punished. The offence
of a malefactor against a peaceful citizen is an
offence against the whole order-loving com-
munity, and no time should be lost in proving
his guilt and meting out to him his deserts.
A thouPand years ago King Alfred was so con-
vinced of the necessity of carrying justice to
the population of his realm, and of the policy
of centring all the courts in the capital, that he
divided the kingdom into circuits, and thus laid
the assize system which has lasted to this day.
Even this is found to be inadequate to the re-
quirements of the existing circumstances, and
demands are made from great centres of
industry that local courts should be perpetually,
sitting, so as to avoid the delay and accumula-
tion of cases at the assizes, and the equally
serious delay incident to the transfer of a case
for hearing in London.
Parliament, it has been truly said, possesses
powers which enable it to pick up a pin, or rend
the political oak. It can discuss questions
ranging over the wide field of foreign policy,
and vote the millions of money requisite for the
conduct of a war ; whilst at the same time it
can settle the description of tribunal best
calculated to enable a subject of the Queen to
recover a trifling debt. 'This session it has
been occupied in the discussion of the
foreign policy of the Government, a subject
than which there could be nothing more
momentous, for it might at any moment
result in war. While, however, it has
been thus engaged, it has also found time
to consider a bill for remodelling the existing
system of our County Courts. When these
tribunals were established, they certainly
effected great improvements by creating an
inexpensive means of obtaining justice locally,
and without the sacrifices of time which attends
the entry of cases in the cause list of an assize
court. It is now proposed to throw them into
circuits, and to appoint a central judge in each,
with jurisdiction equal to that of the High
Court of Justice. At present a county court
judge cannot except under special circumstances
try a common law case in whiLb a sum of more
than £6O is in dispute. It has long been felt that
this limit is too small, and that our county
court "Judges might with advantage try all
actions involving £lOO, or even more, with the
consent of both parties litigant. The subject
is now before a Select Committee of the House
of Commons, which will consider the position of
county court judges as well as the jurisdiction
which they exercise. At present these gentle-
men have a salary of £1,500 a year each—a
handsome sum, no doubt, but one which is
scarcely sufficient to secure the services of lead-
ing members of the bar. A county court judge
exercises very linportant functions, and the
position is one which it is desirable should be
filled by really qualified men. The scale of
salaries now in force was fixed many years ago,
and since that time the cost of living has been
materially increased. The status of these
judges might also occupy the attention of the
Select Committee. A gentleman filling this
important position enjoys no technical pre-
cedence over members of the bar of his own
standing. The judges themselves complain of
this, and desire to rank between barristers on
the one hand, and judges of the High Court of
Justice on the other. Of all things the office
of a judge ought to possess dignity, and as this
reqnest details no demand upon the public
purse, it will probably be acceded to by the
Select Committee. _ -

There is one point associated with the con-
siacration of this matter which is of great pub-
lic interest. It must have been obvious that
for mttny years previous the business of Parlia-
ment has increased to such an extent that it is
impossible for our legislators to keep pace with
it. Session after session the time at the dis-
posal of the great couvil of the nation is found
to be totally inadequate, and valuable measures
hAve annually to be sacrificed because Parlia-

went has no- time to settle their provisions.
.Many suggestions 'lava been made, and a com-
mittee has been sitting for several weeks past
w:th a view of framing a plan for expediting
business. It is :Imre especially in the depart-
ment of private bill lenislation that a reform is
required, and it cannot be said that our system
; has adapted itself to the apirit of the times.
It is as cumbrous as it was ages ago. If a
town wants a local improvement in the direc-
tion of gas or water works, an expensive
inaebinery has to be set in motion, awl pro-
moter, opronents, and witnesses have to make
a journey to London, where the Bill has to go
first before a committee of the Commons, and
then before a similar body in the Lords. Many
a desirable local improvement has to go undone
because of the great cost which would attend
the mere permission to carry it out. Questions
of iffiperial iniportanee must of irecst•:_ity he
di.nAis6cti both Houses separta e y
vate j3ill iegigatition, iu ease of opposition,