243
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*10
was himself perpetuating the discussion which the authors had
themselves retired from, and this on the advice
of the Chairman of the Chamber of Commerce. I submit that this
is not the treatment which the Chief Justice has a right to
expect from the Governor of the Colony when he is performing a
public duty connected with his Department.
In my opinion in the first place the
attitude of the Chairman was most indecorous; and I submit in
the second place that the attitude of the Government to the
Chief Justice was not conducive to the maintenance of the
dignity of the Bench, and did not conform to the traditions of
the service regulating the conduct of official correspondence
between the Governor and the Chief Justice. More especially I
submit that the final letter of the Colonial Secretary to the
Chamber was highly improper in the tone of manifest hostility
to the Chief Justice: and also because the fact that there had
been palpable inaccuracies in the statements made by the Chair-
-man of the Chamber which were at the time known to the
Colonial Secretary, and which of themselves showed that there
was every reason for further testing the accuracy of the state-
-ments. The questions which arise out of the foregoing are the
following:-
B. Whether in the action I took in acting as the
Ordinance No. 5 of 1898, empowered me to act, I took any step
which the circumstances did not in the public interest demand ↑
b. Whether the action taken by the Government in
not communicating with the Chief Justice but in merely referring
the matter to the Chamber of Commerce, and in not forming any
opinion of its own, was consistent with the due regard which
ought to be paid by the Goverment to the Chief Justice?
C. Whether the attitude of the Government in mere-
-ly accepting the views of certain members of the profession
which had been adopted by the Chamber, without any reference to
the Chief Justice, especially after they had been abandoned,
and especially in view of the manifest hostility of the
Chairman
t24