Law -- England; Poor -- England; Poor laws -- England; Working class -- England
"Five shillings and costs or seven days." This familiar phrase, as Count
Smorltork says, "surprises by himself" the whole philosophy of police
courts. Nothing is more marked in the treatment of rich and poor in the
police court than the unfair incidence of fines. Take, for instance, the
common case of a motor-car driver being fined forty shillings and costs
for exceeding the speed limit and driving to the danger of mankind. If
his master is a Cabinet Minister, say, he writes a civil letter to the
clerk to the magistrates expressing his regret and enclosing the needful,
which is just two five-thousandths of his official income.
But supposing he is a taxi-cab driver who owns his cab, or is buying it on
the hire system, as many do. He, too, is fined forty shillings and costs,
and as he earns, let us say, forty shillings a week, he has to pay one
fifty-second of his income.
If he cannot raise the money his home is distrained on, or there is the
option of imprisonment. That kind of option never worries the Cabinet
Minister or the chauffeur thereof. In the old tithe days the parson took
his tenth from rich and poor alike, and was no respecter of persons; all
he wanted was one-tenth of your income in cash. As between Cabinet
Minister and cabman the relation of fine should be as two pounds to
ninepence--that is to say, if the law in the police courts desires to
treat rich and poor alike.
There is no difficulty about doing this. All that is wanted is to enact in
your statute that the fine should "not exceed one-fiftieth or one
one-thousandth of a man's income." Then all would be fined off the same
mark. At present the poor man is the scratch man, and the greater the
wealth the longer the handicap.
As to costs, they should be wholly abolished. They are not only an odious
tax on the poor, but they give the officials of the court an unholy
incentive to make the court a paying concern, and, what is worse, give
every clerk and officer in the police court a direct pecuniary interest in
convictions. As things stand to-day a council of city men are not likely
to advance salaries where their police court is losing money. A godly and
righteous police court should glory in losing money year by year.
And whilst I recognise that at the head of each police court there should
be a stipendiary to deal with the more important cases, and always to be
within call when there are cases to try in which the local magistrates
have a class interest, yet I have no desire to abolish Dogberry, nor do I
take any pleasure in reading that he has written himself down an ass. In
our chief cities there are now excellent stipendiaries and magistrates of
all classes, including representatives of working men, and all can testify
how--taking the police court system as it stands--it is worked fairly and
carefully and to the advantage of all.
Public-domain text, read in full here on John Shaqi.
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