Maitland Brown - Magisterial Career

Magisterial Career

Brown was appointed a Justice of the Peace later that year, and in 1866 was made Resident Magistrate at Greenough. During his time in the position, he became involved in a protracted dispute with the Governor, John Hampton, and the Colonial Secretary Frederick Barlee. Brown declined to obey an instruction to reverse a minor legal decision he had made, essentially on the grounds that it was inappropriate for a magistrate to reverse a decision on the instruction of the Government: "I have yet to learn that a magistrate has any right to pursue a course which in his view is in opposition to Law upon the mere instructions of the Governor"1. Hampton was angered by Brown's repeated refusal to obey him, and by the "tone and tenor" of his letters, which he though insolent. Brown eventually resigned over the issue, but in the meantime Hampton appointment had ended. Acting governor John Bruce, who agreed with Brown's legal position, smoothed the matter over, and Brown withdrew his resignation.

Brown was Resident Magistrate at Greenough until 1869, when he was appointed Government Resident and Resident Magistrate at Geraldton following the death of Alfred Durlacher. The following year a number of magisterial positions were reshuffled, and Brown was appointed Resident Magistrate at Bunbury. He was reluctant to take up the position, however, and took a long leave of absence. He still had not taken up the position in October 1870 when he was appointed to a nominee position on the Western Australian Legislative Council.