PERSONAL & CONFIDENTIAL
10.
5.
In short, there is I think, little doubt that Blair-Kerr is the better judge and the more able and hard working officer, with a wider knowledge of the law and a more acute intellect. The question is whether his margin over Rigby is sufficiently great, and sufficiently well-established, to justify overlooking Rigby's seniority and the tension, ill-feeling and criticism that would follow his appointment: criticism which will gain impetus in certain quarters from his reputation for favouring the administration. If the appointment now contemplated were likely to last for more than a few years. I might well take a different view, but my present opinion on balance is that the margin in favour of Blair-Kerr is not sufficient to justify his passing over Rigby or to outweigh the dis- advantages just mentioned. In such cases, it seems to me that the claims of a junior officer should be beyond dispute before he can be preferred. Consequently, unless circumstances or my assessment of the situation change by the end of the year, I would propose to recommend Rigby for the vacancy, although I would, in that event, recommend Blair-Kerr for the new appointment of Judge of Appeal, the legislation for which we intend to introduce in the near future.
Yuus
eve
bench.