29 OCTOBER 1943, Page 4

A SPECTATO R'S NOTEBOOK T HE affair of the Hereford magistrates—about

which I cannot write even if I wanted to, since it is sub judice—has raised again the eternal question of the respective merits of stipendiary magis- trates and lay Justices of the Peace. My own conviction is that the average bench, much more the best benches, does its work very well and forms a most valuable element in the national life. A great deal admittedly depends on the clerk, whose guidance on points of law is often essential and who sometimes assumes a prominence to which he has no title. But the system depends on sound appointments, and to allow political considerations to enter in, as they unquestionably sometimes do, is fatal. Even so, there is no doubt a case for some extension of the stipendiary system. It is taken for granted in London, and it is rather surprising that there should only be seventeen stipendiary magistrates in the whole of the rest of England and Wales. The principle of their appoint- ment is not clear. It is not a question of population, for Hudders- field, with 125,000 inhabitants, and Middlesbrough, with 140,000, have stipendiaries ; Bristol, with 415,000, and Sheffield, with 98000, have not. In some cities it is difficult to find poen and women with both the necessary qualifications and the available time. In such cases it is far better to appoint a stipendiary than to be content with a second-rate lay bench. But the right men for stipepdiaries are not always easy to come by either. The Home Office apparently explains its failure to fill vacancies in the roll of London magistrates at the present moment by inability to dis- cover a suitable barrister. But why not a solicitor—if suitable in all other respects?

* * * *

It is curious that we should rely on a German for most of our knowledge of one of our most notable Admirals, but Sir Reginald Hall, who died last Friday, is known to thousands who would otherwise hardly have heard of him through Captain von Rintelen's remarkable book, The Dark Invader. Admiral Hall was head of the Naval Intelligence Division of the Admiralty in the last war, and von Rintelen was in America on behalf of the German $ecret Service —till he was captured, through Sir Reginald's agency, and brought to London to confront Sir Reginald as a prisoner. The Admiralty were in the happy possession of the German naval code—secured by the Russians and sent to London when the cruiser `Magdeburg' was destroyed in the Baltic in the first month of the war—and the most sensational of von Rintelen's stories is that the destruction of the Scharnhorst ' and the Gneisenau ' at the Battle of the Falkland Islands in December, 19t4, was due to Hall's success in getting (through his secret agents) a message actually sent from Berlin in the German navy code to von Spee, ordering the German cruisers to be at a prescribed rendezvous on a given date. They were there, and the ' Invincible ' and Inflexible' settled them. That sounds incredible enough, but when I once asked Admiral Hall about it by telephone he only said we would talk about that some day when we met. Unfortunately we never did meet.

* * * * With the return of nuisance-raids on London a problem is arising which seems to call for the attention of the Home Office or its tweedledee the Ministry of Home Security. I hear disturbing stories of conduct in some of the shelters. There are patent attempts to use them as brothels, and in one case I know of bands of youths of seventeen or eighteen have actually threatened the wardens with razor-blades. This is a serious matter, for with a call-up for other purposes there is a serious shortage of wardens, and one often has some hundreds of shelterers to cope with. The vast majority of them, of course, want nothing but peace and quietness, but the small rowdy element is there. Wardens never volunteered to undertake what is in fact police work, and have neither the 'legal authority nor—often—the personal qualifications for that. A sharp lesson to a few offenders would probably be very salutary. * * * * Owing to the fact that this column was last week in better hands than mine, this is my first opportunity of paying tribute to Edwyn Bevan, who died last week. There were few men whose judgement I would more implicitly trust on almost any subject that could be mentioned, for he combined in a remarkable degree knowledge, wisdom, charity and decision. He was broadly tolerant, but never

so as to be indeterminate, and his eye was unerring in the detection of fallacies. He was a constant contributor of articles, reviews and letters to The Spectator, and I do not think he ever sent a letter that was not immediately printed ; they were often accepted as soon as seen, and sent to the printer unread—and usually came back

without a mistake, for the close, clear handwriting was as easily deciphered as typescript. Dr. Bevan's interests were wide ; on re-

ligious questions in particular he wrote with a sanity and persuasive-

ness that few laymen (and not many clerics) could command. * * * * " The Biennial Report of the Chief of Staff of the United States Army, July 1st, 1941, to June 3oth, 1943," is interesting for more than its content, and what that is anyone who considers the signifi- cance of the two, dates mentioned will recognise. The notable pint about the report is that while, of course, it is published officially in the United States it is also printed and published here by His Majesty's Stationery Office (at 2s.). This is very striking co-ordina- tion, in which it is reasonable to see a desire on the part of the British Government to make available' here the fullest information about the United States Army. * * * * Cambridge seems content -to be, as some might think, unduly dependent on Oxford for its History school. Having imported first Dr. Ernest Barker and then Mr. D. W. Brogan for the Chair of Political Science, it has now called Mr. G. N. Clark, of All Souls, to the Regius Professorship which Dr. G. M. Trevelyan resigned three years ago on becoming Master of Trinity. It seems not impossible that Oxford may return the compliment in another field by inviting Dr. J. K. Mozley to fill one of its Divinity Professor- ships. It might do much worse. * * * *

A recent reference to a man enlisting in the Navy, who gave his religion as Nonconformist and' was told that he couldn't be that,

has, I gather, caused perturbation in naval, ecclesiastical and naval- ecclesiastical circles. I am officially informed that the incident as related never took place, and I gladly give publicity to that state- ment,—though I remain convinced that it did. The implication contained in the words (authenticity contested) " there are only two forms of burial in the Navy, Church of England and Roman Catholic " is vigorously repudiated ; distinctions observed in life are observed at its conclusion. I accept that implicitly.

JANUS.