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500 by the Legislative Council the Court will be constituted, appeals will be set down and will come on for hearing in due course. Is the suggestion intended that I should pretend indisposition and so prevent the Court from sitting? If it does not mean this it means something more grave, ad is a covert imputation on my probable conduct as a Judge. I resent this as coming from the Foreign Office. I am astonish- -ed that after my long service the Colonial Office should adopt it; if it is persisted in I shall be compelled to seek the Exp¤®±******* protection of the Lord Chancellor. I fear that the words used do not warrant the gentler interpretation put upon them by Your Excellency, that the Office is unwilling to introduce a scheme subversive of the judicial organization of the Colony in the face of objections put forward by the Chief Justice. I am glad to find that the Executive
which Council hi has done no more than follow the instructions of the
Secretary of State has not endorsed this charge. I rely on the
record of my service in the Colony, and the prestige which the
Court has attained during that time for the Executive Council to re-
-fuse to endorse it.
But the most curious point remains. The Secretary
of State has entirely overlooked the attitude which I in fact took
up. When I heard of the scheme the necessity of retaining the present
Full Court was at once suggested by me in my letter of 10th. November,
1908, as indispensable to its effective working; and when the draft
bill was submitted to me for my opinion I pointed out in my letter of
20th. January, 1909, other steps which would have to be taken in
order to make the scheme work. I went through the bill carefully,
noting several defects; I specially pointed out that the proper workin of the new Court, involving as it did the existence of a dual appellate jurisdiction, depended on the most accurate definition of
it, and that this did not seem to have been studied with sufficient
care. I further pointed out that the question was exceedingly
complicated and should be considered by a committee of lawyers who
would go through the Code of Civil Procedure carefully and check the
draft; and I added "If it is decided to put the bill forward in its
present
10
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