New-York tribune., 1873-02-11
BRITISH TOPICS.

TIONS s. FUNDING AND FLOGGNG TO BE
MAINTAINED AT WINCHESTER.
lRROM TBB REGULAR CORRESPONDENT OF THB TRlBUNEl
LONDON, Jan. 23.-I hope | shall not commit
contempt Of court If say that the decision OF the
Queens Bench of the Park Regulations tends to
bring the Court itself into contempt. Since Messrs
Whalley and ODsow's case l hardly know how much
freedom OF comment on judicial decisions. on legal
matters IN general is permitted 70 anybody within the
Jurisdiction Queens Bench 1t appears that
people Brighton who ventured 10 impeach the Whaley
judgment themselves TO be hailed before the Lord
hieJustice But shall still take leave TO say that the
opinions gwen In the Parks Regulations would have
suited the last century than this century and the
first century than the last half The
judgment may he law It would be presumptuous TO deny
that is but it is not common and the majority
panminded people, if called upon to choose between
the twO apt TO prefer common sense TO law.
Mr. AyrtOn's Park Regulations were, in plain English,
iugge Parliament passed act giving the First Com
missioner OF Works power 70 frame regulations, subject
as it supposed 10 their approval by Parliament. BY
species of sharp practice for which Mr. AyrtoD has be-
come notorious the act amended 10 give some
color TO Mr. Ayrons present claim that he may make
regulations which shall be valid without the approval
OF either House The universal understanding that
he should not but Mr. Ayrton is man Of far too enter
prising character to be fettered by understand
iugs. how universal. Parliament
was resolved that the right OF free speech in the
Ayrton resolved that there should be no such
right except under limitations and regulations of his
own He issued his regulations. They resisted or
ignored, and De prosecuted of the who
yenturcd to make speeches from o stand more than
forty yards distant from his ridiculous post one Of
them was convicted and sentenced He appealed, and
i this appeal which the Court OF Queens Bench has
just heard aud rejected. The given by Lord
Chief Justice COckburn-our Geneva friend-fOr the
lection are two. He does think II intended by
Parliament that the rules should be imperative during
the recess that IS should be suspended or promul-
gated till Parliament had chance 10 pass upon them,
because the regulations and rules TO come into
from the time the act passed, subject TO the
approval of Parliament then cheH IL reaSsembled."
words italicized being the very question issue,
and uttered in the teeth Of evidence which be
e1ra-udicial but which anybody who has examined
the matter-judges Of the Queens Bench excepted
would prove the contrary. The second reason
smacks of Star Chamber prerOgatiye. 1t is simply
that the Parks the property OF the Crown
and nobody has any nights in them except by the
Crowns courteous concession" The best way
theory would be try 10 close the Parks 10 the
people altogether, and turn them into private
Promenade members Of the Royal Family Not even
Lord Chief Justice COckburn suppOses people would
stand that He supposes they will stand the limitation
Of the right Of public meeting because the who have
chiefly desired 10 avai themselves OF that right are an
unpopular minority, identified with various causes
odiOus 20 society"
DO not regret the decision So far 10 nterferes with
The popular use OF HYDE Park il may be set night by
Parliament. In its judicial aspect, it Will attract
renewed attention TO the increasing usurpatiOns OF
authority by the courts, and their growing sympathy
with whatever is arbitrary and anuquated in law,
whether In statutes in that sOcaed unwritten laws
which has often been serceable engine Of persecu-
tiOn and repression.
We have at last decision Of the Governing Body Of
r. fha afio main
tans the right and expedency OF the practice hereto
fore ~ vogue mat bis boys should thrash little boys as
much "a the big boys think proper. The Governing
Body takes good care 10 cover up the naked barbarty OF
fh decision by decorOus phrases But that Is what II
all comes 10 White boy Of IS, hogged Macpherson,
BOY IT, with grouudash sticks giving him 80 blows
acro, the shoulders Macpherson refused to sub
.it 70 an examination by White IN school slang. The
attracted public attention. general indignation was
pressed and the Governing Body were called
tsgether 10 consider the particular case, and
tie general practice OF Oggng. They have taken some
months TO inquire and consider, and have published
their conclusions. They say they see much cause 10
censure the excessive severity of the punishment in
question that the alleged oense out Of an irri-
tang iDjudicous attempt 70 enforce the prefects
authority boy who ought TO have been exempt
from IT, they consider that no public lbeneht would
result from endeavor 10 Teudge the matter with
view 10 the infection any further penalty on the pre-
fec whose case has already been decided by the head
master what the head master decided was that the
young runian who fOgged Macpherson should make him
private apology What the Governing Body decide in
eject Is that apology Is ample reparation Tor a
hOgging which they admit 70 have been without excuse
the barborous code prevailing, and to have
been inflicted for an OeDse which they characterize
slight" and which they prove 10 have been no
OFense but justhabe resistance TO act Of lawless
oppression.
On the general question the Governing Body came to
1FrIF flafr d.
cson 0u the Macpherson case. Bearing IN mind that
The simple question az issue whether the big boys
should continue 70 the right to hog little BOYS al
cheir discretion, you VIII perhaps read with something
akin wonder, aud akin to indignant contempt
the following paragraph quoted by the Governing Body
from official decision Of the Royal Commissioner
aud applied now 20 hOggng:
The principle OF governing great extent through
NE iustrumentaity Of the boys theln,e Nes may DC 30
tateo ron the various systems tnIOusu "Hi a. o. I'm,
eut times and places 70 has been applied In mOiulnS
kose systems with reference 10 the genius ana charaS
Indeed, the only practicable guide and We should not
without strong reason. recommend 81 any schOO any
material change IN system which, in the opinion OF te
masters aud boys found 20 work we'll With respect
% the principle itself do hesitate % express our
most valuable education. IL has largely
sisted believe, 70 create and keep alive high aud
sound tone Of feeling and opinion, has promoted nde-
pendence and maBness OF character and rendered
possible that combination OF ample liberty with order
Jf our great English schools.
Ihey fetOmmend that thc customary punishment by
the big boys over little boys should be kept within the
stIictest bounds OF reason and humanity. A humane
system Of torture s their highest conception OF pubic
school discipline Inc public may possibly have higher
and are likely seek 10 whore than at Winchester
Lord LyttOns death brings Out the long bogra-
uhe. and critical est1uate ami he gets on the whole
iusticealOwiDg for the tendency excessive praise
alW4vs noticeable before the funeral. II Il d question
,gbcther he viii be buried 10 Westminster Abbey He il
Immensely more worthy % mat honor than scores to
whom n has been freely accorded; but there has been
delay on the part ol the authorities in Offering him
Hospitality. due 10 what cause kno" not If II be