udiciary in Ireland
one would expect from the fact that the number of the High Court Judges
is greater than in Scotland, though, as we have seen, the population is
smaller and the crime is less. According to a statement made by the
Financial Secretary to the Treasury a few months ago the salaries of the
judges of the Superior Courts charged on the Consolidated Fund amount to
1s. 1d. per head of population in England and Wales, to 2s. 8d. per head
in Scotland, to no less a sum than 3s. 3d. per head in Ireland. And this
discrepancy in cost occurs at a time when the complaint in England is
that there are not enough judges of the King's Bench, while in Ireland
their numbers are excessive.
The difference between the attitude of the judiciary in England and in
Ireland is to be seen from the fact that M. Paul-Dubois, after quoting
with approval the Comte de Franqueville's tribute to the fact that the
summing up of a judge in England is a model of impartiality, goes on to
say that in Ireland, "c'est trop souvent un acte d'accusation."
The fact is that in Ireland, where the salaries of judges are higher
than the incomes earned by even the most successful barristers, the
judiciary has become to an extent far greater than in England a place of
political recompense for Unionist Members of Parliament, who, unlike
their English brethren, carry their political prejudices with them on
appointment to the Bench. As recently as 1890 Mr. Justice Harrison, at
Galway Assizes, asked why the garrison did not have recourse to Lynch
law, and until his death Judge O'Connor Morris, unchecked by either
party when in power, month by month contributed articles to the reviews,
in which he denounced in unmeasured terms the provisions of Acts of
Parliament which, in his capacity of Judge of a Civil Bill or County
Court, he was called upon to apply.
The jury system is discredited in Ireland by every possible means. Many
crimes, which in England are classed as felonies, have been statutorily
reduced to misdemeanours in Ireland so as to limit the right of
challenge possessed by the accused from twenty jurors to six, and at the
same time, after Lord O'Hagan's Act had withdrawn from the sheriff the
power of preparing jury lists, which he used for political purposes; by
resuscitating a common law right of the Crown which has not been used in
England for fifty years, arbitrarily to order jurors to "stand aside,"
the provisions of O'Hagan's Act have been e
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