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determined by the Governor. It is obvious, for example, that the Chief Clerk, or Assistant of the Treasurer, or Surveyor-General, though competent to carry on temporarily the ordinary work of the department, might not be qualified for admission to the Executive and Legislature.
(d.) The position of the Chief Justice
owing to its being liable to Exceptional cases, has much to be said against it, as he is a member of the already Separative Council. The presence of the Chief Justice in the legislature of this and other Colonies, has often led, here and elsewhere, in former years to much inconvenience. But I would not suggest disturbing the existing arrangement, at all events, during the tenure of the office by the present able and judicious Chief Justice (Sir George Phillippo). At the same time, the wide distinction between Executive and Judicial position and duties properly excludes him from the Executive Council.
8. 70
To sum up; — for the reasons stated above, and for other reasons which might be adduced, I recommend that