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"CLASS" JUSTICE. ...

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"CLASS" JUSTICE. Welsh Grievances Voiced. MAGISTERIAL APPOINTMENTS. Striking Statistics From Wales. i EVIDENCE BEFORE COMMISSION. Evidence relating to Wales was given on Tues- day at the Royal Commission on the Selection of Justices of the Peace, held at Scotland House, Westminster, under the presidency of Lord James of Herfeord. The Welsh witnesses were Mr William George, brother of the Chan- cellor of the Exchequer, and Mr Walter H. Hughes, secretary of the Welsh National Liberal Council. Examined by the Chairman, Mr George said he was a solicitor, of Criccietb, in Carnarvon, vice-chairman of the County Council, and a member of several public bodies and societies in North Wales. He had also as a member of the firm of Lloyd George and George had 24 years experience as a practising solicitor, during which period he had done a good deal of advo- cacy work in Petty Sessional Courts. The six northern counties of Wales, with regard to which he had been asked to give evidence by the Welsh members of Parliament, he was well acquainted with. He was emphatically of opinion that the operation of the existing sys- tem of appointing justices had been unsatis- factory. The main cause of this was that justices bad hitherto, for the most part, been placed on the Commission more as a mark of social distinction than on account of any special qualifications possessed for the duties of the office. It was the regular thing for the squire's son to be put upon the Commission almost as soon as he attained his majority, though he had had very little previous knowledge of affairs or experience of the world. The operation of these causes had resulted in the followin g state of things Striking Welsh Figures. Official re- Noneon- turn of Liber- Conser- for- Chtrrch- Counties. Magistrates, als. vatives. mists, men. Anglesea 83 32 41 32 41 Carnarvonshire.. 139 37 77 37 77 Denbighshire 255 77 130 70 ..132 Flintshire 154 48 98 Merionethshire.. 102 37 76 38 75 Montgomeryshire 143 43 82 33 89 Since 1906 the number of Liberal magistrates had been increased, and if the return had been given before that date the preponderance of Churchmen and Conservatives would have been much greater. In a country overwhelmingly Nonconformist in religion, Liberal in politics, and Welsh in language, the magistrates were to a preponderating degree Churchmen, Con- servatives, and English-speaking. The result was that benches of magistrates had become identified with one class, and did not command the respect and confidence from the com- munity which were essential for satisfactory judicial action. In this respect he pointed out three instances :—(1) Cases arising out of elections (2) cases bearing on sporting rights (3) in licensing matters. Preconceived notions of right and wrong in connection with these subjects unconsciously biassed the decisions of Justices' Courts. He suggested they should disqualify all who, without reason- able cause, failed to attend to their duties as I magistrates for six monhs continuously, and tepplant them by others more fitted. As an alternative scheme, witness suggested a sort of joint committee of the County Council sod Quarter Sessions, something like the existing joint committee. By Lord Robert Cecil: I would have a Bench that reflected the opinions of the districts. Why would it be any more jnst to have a ftench with a Liberal preponderance than a Conservative majority 1-1 mean from the TPoint of view of the administration of justice. There are Conservative Nonconformists in Wales ?—It does occur on some occasions. amughter.) And a Radical Churchman sometiunes ?— Yes. Do you think he is biassed by his ecclesiastical hpinions ?-No, not in that case; his Radicalism Would save him. (Renewed laughter.) Seuth Wales Conditions. Mt Walter H. Hughes, secretary of the Welsh National Liberal Council, of Pontypool, said he had lived in the county of Monmouth tor the last 34 years, and previously for many years in the counties of Brecon and Glamorgan. He was thoroughly acquainted with every town and most of the villages of South Wales. He was a Free Churchman, and a member and local preacher of the Baptist denomination. He had otained dul-v authenticated statistical and other information. Witness went on to show the religious and language difficulty referred to by Mr W. George brought about Want of respect and confidence for the tribunal And resentment. It had long been a matter «f common knowledge, he said, that the magisterial Benches in all the counties and tnost of the boroughs of South Wales were preponderatingly of one political faith aitfl one religious creed. In the case of South Wales counties the large majority of 2he magistrates were drawn from a jsmall minority of the inhabitants. He ex- pressed his fear there was an undue preference m the part of Lords Lieutenants and their advisers for certain classes-mostly their own, -And a malignant prejudice against all others. The statistics for the counties showed large proportions of landowners, gentlemen, manu- facturers, though in fairness he presented figures showing that the disparity between the dumber of Conservative and Liberal justices was slowly becoming less. National sentiment Sound no place in the appointment made to the magistracy in the larger boroughs, and it ap- peared as though the penalty of being a Welshman was greater there than in the less favoured counties outside. South Wales Figures. The special position of South Wales and Monmouthshire ould be understood when their attention was directed to the following :— Political views Free not given. Libs. Tory Lab. Ch. Ch. Cardiganshire 33 42 74 — 46 63 Carmarthenshire 5 43 98 — 34 102 Brecknock 3.. 31 114 — 26.. 119 Radnorshire. 3.. 33.. 70.. 30.. 69 Pembrokeshire 11 67 149 — 56.. 162 Glamorganshire 19 197 266 17 199 274 Monmouthshire 22 98 205 11 87 217 Totals. 96 511 977 28 478 1,006 There were, he added, only 28 working men on the bench, and these were found in the coun- ties of Glamorgan and Monmouth. By the re- moval of the property qualification frequent appointments from the !atter class would be made. He also pointed out that with the soli- tary exception of Radnorshire the whole of the South Wales constituencies were represented by, Liberal and Labour members of Parlia- I ment, and that the aggregate majority secured at the last election amounted to over 90,000, As against the Conservative majority in Radnor of 14. The Language Grievance Witness went on to deal with the religious question, pointing out that barely one-fourth of the population were considered adherents of the Church of England. In regard to the language difficulty, Mr Hughes said the grievance was a very real one in several of the counties. Only a small pro- portion of the justices in petty sessional areas were able to speak Welsh or even understand it. In some districts there were no Welsh- speaking magistrates. It was disadvantageous and dangerous to disregard national sentiment and pride of race, which were particularly strong in Wales. Mr Hughes was about to submit his sugges- tions for doing away with the present griev- ances so far as South Wales was concerned, when Lord James said it was too important to be hurried, and adjourned further evidence. Mr Walter H. Hughes, secretary of the Welsh National Liberal Council, was recalled when the Royal Commission on the Selection of Justices of the Peace resumed its sitting at Westminster on Wednesday morning, under the presidency of Lord James of Hereford. Mr Hughes at once proceeded to make his- eraggestions of remedying the anomalies existing in the appointments of justices. He L condemned the submission of lists, of names to the Lord Chancellor by members of Parliament and Lords-Lieutenant. Not having personal knowledge the Lord-Lieutenant caused inquiry to be made from and by the clerk of the peace, who, in the majority of instances, was of the same class, creed, and political colour as the Lord-Lieutenant. This was true. also, of the Petty Sessional clerks, who were frequently called upon for infonhation. The result was that highly suitable men were passed over because they were Liberals and Free Church- men, while mere striplings and new-comers of the Tory party got recommended to the Lord Chancellor for appointment. It was not to be assumed that any authority could 1 be devised for the appointment of magistrates which would be absolutely un- influenced by party feeling and social pre- judice. Personally, he was of opinion that the County and Borough Councils could safely be trusted to act with fairness provided they were allowed to refer direct to the Lord Chancellor with the consciousness that their recommendations would be acted upon. It might be otherwise if their decisions were iubject to review or rejection by the Lord Lieutenant or any other authority. Witness's Suggestions. He therefore strongly suggested the appoint- ment in every county of an advisory com- mittee of representative men drawn from the several petty sessional areas together with the member or members of Parliament for the county and boroughs, entrusting the selec- tion of the representatives of such com- mittee to the County and Borough Councils. Over the advisory committee so constituted the Lord Lieutenant should preside. The decision of the committee should be by majority and should be conveyed to the Lord Chancellor without alteration. He also suggested the amendment of the Parish Council Act 1894, to allow any gentleman sitting as a justice ex- officio for a period of three years to be placed on the permanent list of justices for the county or borough. It was also desirable that a justice failing to qualify within a reasonable time should be prevented from doing so unless recommended again. Non-resident justices should be transferred to the county or borough In. which they reside, and justices failing to act for one year, unless through scam incapacity, such as illness, should be disqualified. In closing his evidence, Mr Hughes again called attention to the special circumstances of Wales. Replying to questions, he said in Wales the Liberals were in the majority, and there might be appointed to the Benches a majority of Liberals. A Member You are suggesting it would be a political Bench. That is the very thing this Commission was appointed to avoid. Would your committee appoint a fair pro- portion of Conservatives 1-1 am sure they would. Would the deliberations of the committee be in public or private ? Would the Press be admitted ?—I certainly should have them public. And the names of the magistrates and their capacity and qualifications discussed in pub- lic ?—Yes, certainly. You do not object to it ?—I do not. Don't you think the best qualified men would shrink from that ?—No. Those not qualified would shrink. A good man does not fear inquiry. It is the bad man that fears public inquiry. This concluded the Welsh evidence.

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