I have often since regretted that I did not press my recommendation restricting the speed in the open to twenty-five miles an hour, as I feel it would have largely solved the speed question. The powers under the Highway Act would still have remained, compelling motorists to drive at all times with due regard to public safety.
CHAPTER XVII. THE EARL OF DERBY.
Appointments to the County Bench.
I was brought into such frequent contact with the late Lord Derby, in connection with my duties as chairman of Quarter Sessions, that I should like to add a few words of appreciation of his lordship's great kindness and consideration. I must, however, in order to make my story quite clear, preface my remarks by a reference to the late Earl of Sefton, who was the Lord Lieutenant of Lancashire for so many years. Lord Sefton in his appointments to the bench, took an infinite amount of trouble to select good men, and men who when appointed would do their work. He was good enough frequently to consult me, and I certainly did my best to support him in his choice of suitable men for the office of magistrate, which I hold to be a position of importance and responsibility.
It is not generally recognised that magistrates are endowed with very great power over the liberties of the people, and they ought therefore to be selected with great care. Two magistrates sitting at Petty Sessions have in a sense more power than a judge sitting at an Assize. They not only determine the guilt of the prisoner, but can and do impose considerable terms of imprisonment. At the Assizes the jury decide if the prisoner is guilty, the judge only awards the punishment.
Lord Sefton unfortunately made a mistake in some of his appointments to the Salford Division. He was, however, entirely free from blame. Erroneous information was given to him, and he made, quite unawares, some political appointments. He added to the bench the names of several Conservative politicians, which gave great offence to the Liberal Government then in power. Mr. Bryce, then Chancellor of the Duchy, wished to rectify the mistake by insisting upon Lord Sefton appointing a number of active Liberals. This he declined to do, and it led to a deadlock. Lord Sefton threatened to resign, and would have done so had we not been able to build a bridge over which both he and the Chancellor were able to retire without loss of dignity. I was much helped in these negotiations by my friend, the late Mr. Robert D. Holt.
Upon Lord Sefton's death Lord Derby was appointed the Lord Lieutenant. Naturally a timid man, he was very anxious to avoid the mistake made by his predecessor, and for several years he created no new magistrates in some Petty Sessional Divisions, and the administration of justice was rendered most difficult through the lack of justices.
I was at this time frequently at Knowsley, and spent hours in going over lists of names with his lordship, and always came away with a promise that some appointments should be made forthwith, but still he hesitated. It was quite impossible to feel disappointed. Lord Derby was always so courteous and kind, and one could not help feeling that his hesitation arose from his extreme conscientiousness and high sense of duty, and also one could not fail to recognise that his task was delicate and difficult.