indeed it may be considered a certainty that with a
35
properly constituted Appeal Court, the work in Appellate
Jurisdiction will very greatly and rapidly increase, the
more so on account of the absence of Mr. Wise in whose
judgments, I am told, the Chinese placed unusual confidence,
The appointment of the Shanghai Judge would therefore
have to be regarded in any case as only a very temporary
expedient. I have already discussed the other alternative
of making the First Magistrate a Judge of Appeal, but I
would point out to Your Lordship that should it be assumed
in frinciple
Un
that there is no objection, there remains to be considered
A
the actual circumstances which so far as can be seen will
in point of fact prevail during the coming year at least.
The First Magistrate is acting Puisne Judge on Mr. Wise's
absence. The Second Magistrate is on leave, so that the
two Appellate Judges sitting in an appeal from the Chief
Justice's decision would in point of fact be an Officer
holding the substantive appointment of First Magistrate
and one not holding the substantive appointment of a
Magistrate. On the second point - pressure of work - I
have stated the case so fully in this Despatch, and the
enclosures set forth the arguments on both sides in such
detail, that Your Lordship's legal advisers will be able
to