I respectfully submit that it
would be contrary to sound public policy to pass an Ordinance to empower a Judge of the Supreme Court to act as Attorney General without vacating his office as Judge. Such an Ordinance would override the principle enunciated in the declaration in Section 11 of the Supreme Court Ordinance 1873 that no judge shall be capable of accepting any other office of emolument, not authorised by law, pain of avoiding his office. Such an Ordinance would, I think, be subversive of public confidence in the impartiality of the Bench and should, and I think would, if passed, be disallowed.
15th October, 1906.
(Sd.) Henry S. Berkeley,
Attorney General