The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1912-11-24
IRISH MAG|STRACY
RIPE FOR REFORM.
Attempt Made to Pack the
Bench in Belfast
POLITICAL JUSTICES
Prosecutor Refuses to Allow Prison
ers to Be Tried by Their Friends
and Has Magistrates Thown
Out of Police Station
by r. X. CULLEN

by r. y. CULLEN
Dublin, November ESPECIALLY -There
is every likelihood that the incidents
which have. been occurring in Belfast dur
ing the last week in connection with the
trial of the men charged in connection
with the recent riots there may lead to
an entire reform in the Irish magistracy
system.
They have led already to an almost
unanimous demand by the Irish press and
public for new system of appointing
magistrates and whatever the outcome of
the present situation may be- some at
tention must be paid to it.
The facts in the Belfast situation are
as follows: number of men were ar
rested in connection with the riot after
football match at Celtic Park a few
weeks ago. and number more were ar
rested in connection with the attacks on
Roman Catholic workmen at Harland &
VOLTS shipyard. When these men We're
brought before Judge John Walker Craig,
the, recorder of Belfast, the crown prose-
cutor asked that they should be sent for
trial to Derry on the ground that in the
state of public feeling in Belfast they
could not get fair trial. Judge Craig,
who, although a strong unionist has es-
tablished a reputation as a just judge and
a man of great firmness, decided that the
Celtic Park disturbances were political
and thus liable to be regarded with
prejudiced view by Belfast jury, and
sent the cases to Derry. In the shipyard
cases he held. however. that they We're
only ordinary Belfast disturbances and
decided to try them in his own court IL
should be stated here that the men ar
rested at Celtic Park were both nation
alists and Orangemen. The shpyard men
were all Orangemen.
Not Guilty
The first two cases were put FOR trial
before Judge Craig, but in spite of con-
elusive evidence and a charge by the
Judge which almost amounted to direc-
ton to convict, the jury returned YER
dict of mot guilty" The crown prose-
cutter then entered a nolle prosecute
in the other seven cases and the men
were discharged.
They were Immediately rearrested and
the next day they were brought up in
the police court In the ordinary course
of events this is held before the resident
magistrate, a salaried official, sitting
alone, but any of the host of unpaid JUS
tees of the peace in the district has the
right to sit with him and the vote or a
majority of the justices present decides a
case When the crown prosecutor saw
what the situation was he declined TO
bring his prisoners forward and ordered
the police to take them out of court. The
bench, he declared, was packed with
Orange magistrates. there being men on 1T
who had not troubled to attend court for
more than seven years.
After considerable discussion the resi-
dent magistrate withdrew and the unpaid
j. Prs then elected one of their number
chairman and ordered the chief constable
to bring in the prisoners. Tho chief con-
stable refused to do so and later they
were brought up in the police office before
a liberal justice of the peace and remand
ed. The Orange justice of the peaces
hearing of this, tried to force their way
into the police station and were thrown
out by the police.
There the matter rests at present. The
men are still under arrest and no one
seems to know whether or not the crown
is acting within its rights in trying to
prevent the packing of the bench.
Drawing Attention
The incident, however, has drawn atten-
ton to the anomalous situation In the
Irish magistracy. The system is modelled
to some extent on that of England where
the local magistrates give their services
as justices and where the system works
fairly well. In addition to the local JUS
tees in Ireland. however there Is res
ident MAGISTRATE in every district in Ire
land. who is a salaried Official of the
crown and who, in ordinary times. does
all the work. In Ireland, too, the office
of Justice of the peace has been degraded
by being made a political reward, for al
though It carries no salary, ii gives the
holder the right to write ~. p" after his
name and this is considered a. great priv
ilege.
The result is that every local publican
and politician who has any claim on one
or the other of the parties receives this
honor Few of these men are equipped
by education or training to dispense JUS
tice; most of them, 1t must be admitted,
realize this and do not attempt to perform
any of the functions of their office. Every
now and again, however, when a case
having a political complexion arises. or
when some one who is useful TO the local
politicians gets into trouble. the magis-
trates turn up in force and swamp the
trained resident magistrate whose only
interest is the proper administration of
the law, and there is a scandal like that
which has developed on large scale In
Belfast.
SO far no attempt has been made to
deal with the situation. The prosecuting
officers have simply accepted the situation,
but the Belfast case Is so fragrant and on
so large scale that 1t offers an excellent
basis for an agitation for reform. Even
If it is decided that the Belfast magis-
'trates are within their legal rights their
action will probably serve as a very
large nail in the coffin of the system.