483
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disparagement to Mr. Wise for whom I have the highest respect and of whose abilities I have the highest opinion, to say that he is not proper person to put even for a time into the responsible position which Mr. Ackroyd now holds. I go further, I say it would bo legs objectionable, if Mr. Wise were going there not for a time, but to retain the office permanently. He would then start with a greater souse of re- | sponsibility, be would apply himself more earuostly to the work. and a year or two would give him The the knowledge and experience he lacks. public would then have an independent and re- sponsible officer in Mr. Wise, and independent responsible supervision in the two judges, hat! with Mr. Wise acting for a year only, and Mr. Ackroyd Acting Judge, and wat-nurse to the Acting Registrar as he must necessarily be, there is no responsibility in either, and there is all the trouble, dolay, and confusion of the re-transfer a year hence.
7.The worst of it will be that this aupoint- ment of Mr. Ackroyd will constitute a precedent. He will be constantly vibrating between the Bench and the Registrar's Office, or perhaps find himself Acting Colonial Secretary like the late Mr. Alexander. His abilities fully justify such an appointment. Succeeding Registrars will deem themselves entitled to the same chances, and instead of devoting themselves wholly to their work will be constantly on the look-out for this or that acting appointment The grave difficulties in the affairs of the Supreme Court that recently culminated in the Buffam scandal and in the enormous loss of: money, suitors' money, then discovered, originat- e entirely in the frequent removal of Mr. Al- exander, and the frequent transfer of his duties and responsibilities to other hands-first to one man, then to another. All sense of responsibility was lost. The man who first took charge of ai astate know that in all probability he would never be called on to render sur final account. The man who made up the final account knew nothing of and had no responsibility for the earlier stages of it.
8--I have been in this colony, and in the practice of the law since 1865 as manuging clerk as solicitor, as barrister, and for twelve months I hail the honour of sitting on the bouch as Acting Puismo Judge. I have heard and read much, and thought deeply about the constitution of the Supreme Court and the organisation of its officers and departments, and I respectfulir protest in the interests of the administration of Justice against the proposed appointment, if it is proposed, of Mr. Ackroyd, or I should rather ay, of Registrar as Acting Judge. It is objec- tionable in principle that the officers of the Supreme Court should be shifted temporarily to the Beuch. A permanent promotion would be lues objectionable, although in my opinion unwise and to be deprecated. It is most objectionable that the Registrar of the Court, with his enor-
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mous responsibilities and extensive duties. should be taken away from his office to fill an appointment, superior in dignity it is true, but of infinitely loss practical importance when there is no difficulty in filling the appointment otherwise. It is a bad precedent to establish and it is rainous to the efficiency of the The better the Registrar's Department. man who fills the office the less the office will see of him. If it is urged in reply that Mr. Ackroyd is an old and valued public servant and is entitled if he wishes it to this bit of pro- notion. I respectfully submit that ho has no claita to it. The occupant of an office in the Supreme Court is not in the line of promotion to the Bench, in the same sense that the Assist- aut Post-master General, for example, is in the line of promotion to the head of his department. | or as the Deputy Registrar of the Court may reasonably hope one day to be Registrar. Ve- cancies on the Bench are filled by immemorial enstom stronger than law from the practising bar. Mr. Ackroyd, though a Barrister of 12 or 13 years' standing, has never practised a day, and has. I think, no claim whatever to look to the Bench, in ordinary course, and I vanture too to think that it would be as well if that rule were peremptorily laid down and enforced. I would submit too that if Mr. Ackroyd ever does loare the Registry, as he must do some day, al- though I hope not in my time, his successor whe- ther temporary or paruanent should be sought for in one or other of his Deputies who are rea- sonably entitled to look forward to that promo- tion and are presumably training for it. If there is no one in the office capable of succeeding Mr. Ackroyd, the sooner some capable person is pat there the better.
9-In conclusion I humbly request that the question of a successor to Mr. Justice Russell may be re-considered, or, if it has not yet been considered and decided on, that in dealing with it. Je views I have ventured to submit, may be laid before His Excellency the Governor in Council.
19-I can hardly suppose it is necessary for me to add that I have no personal interest what- ever in the matter. I should decline either office if offered. I have not the slightest ill-will towards Mr. Ackroyd or desire to provent bis promotion, if he considers the Acting Puisno Judgeship to be promotion. I write solely in the interests of the administration of justice, and with knowledge of the past history of the Court and its Offices,-I bave the honour to be, Sir. Your most obedient humble Servant,
JNO. J. FRANCIS.
The Honourable The Colonial Secretary,
Hongkong.
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