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courtesy to the Chief Justice required that the arguments used

by the members of profession should have been submitted to him

for his opinion before the Government acquiesced in them.

I have been compelled in connexion with the

views expressed by His Excellency in connexion with the position

of the Registrar of the Court, to protest against the omission

to refer to me the statements of the Registrar before His

Excellency formed an opinion on it. I pointed out in paragraph

12 of my letter of 13th February, that putting the question of

official courtesy to the Chief Justice on one side, the right

of reply is one of the commonest incidents to the statement of

a case,

and until there has been a reply the question is not

ripe for decision. This is all the more important when the

question is one with which the person who has to decide is not

familiar, and the person who has raised the question is perfectly

familiar. The same thing has happened here; but it is a

stronger case, for the question in all its hearings had never

been submitted to the Government, nor had His Excellency ever

asked for any information on the subject: and here again the

question was one of detail with which His Excellency was

unfamiliar, and with which the Chief Justice was perfectly

familiar. Even this does not exhaust the objections which I am

compelled to raise to His Excellency's action. He adopted not

only the statements made by the Chairman of the Chamber, in

spite of the admitted inaccuracy of the statement as to their

origin, but he also adopted the statements made by some of the

Solicitors of my Court, many of them very junior men, thereby

taking their side in a controversy of which I knew nothing, and

to which I was not a party; and they were adopted not only

without submitting the arguments for my opinion, but without

answering my letter. If the members of the profession had

desired to continue their opposition the Governor of the

Colony would have taken part with them against the Chief Justice without knowing the whole case. As a fact they had withdrawn their opposition, so that the Governor of the Colony

WES

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