146
12.
So long as the Chief Justice has a casting
vote in the Full Court, so long will it be undesirable to dele- -gate much original work to the Puisre Judge. For parties who are dissatisfied with the decision of the Puisne Judge will often appeal on the chance of the Chief Justice differing from the Puisne Judge. This is an argument in favour of the three
Judges Full Court.
13.
Paragraph 10 of the Chief Justice's letter furnishes the only valid reason for three Judges. Eut itself it is not a sufficient reason for adding another Judge permanently to the Supreme Court to take "original" and "summary" actions. I have already suggested how a third Judge could be brought in for Full Court Cases, whether on appeal or in an action in
the Original Jurisdiction.
14.
1 dissent from the view that only two Judges should sit on appeal to the exclusion of the Judge from whose decision the appeal was brought. There would be a dead- -lock in the case of difference of opinion and the only course possible would be to let the Judgment appealed against stand, whereas the Judge appealed against might change his opinion on
further argument on appeal.
15.
Mr. Justice #ise agrees in the Chief Justice's views only to the extent that the Full Court, as at present constituted, requires to be otherwise constituted and to the extent that he feels bound to accept the Chief Justice's opinion that he finds the work too much.
16.
Perhaps Your Excellency would like to
have the Attorney-General's views on Sir Francis Piggott's proposals as well as his criticisms on this rinute.
17.
In expressing my views so freely, 1 trust that i have not exceeded the limits of fair criticism nor seemed
to
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