period of waiting, the appellant's busi- ness might be seriously jeopardised, even though, in the end, his appeal is success- ful? Whatever may have been the reasons which prompted the suggestion of such a make-shift arrangement as bring- ing a judge from Shanghai, whatever such reasons may have been in the past, they do not hold good to-day. Our late Governor has stated that the appoint- ment of a third judge would be most desirable and he hoped that when the new Courts were finished the Colony would be in a position to incur the expense involved. The legal fraternity are unanimously in favour of a third judge, the unofficial members of this Council support the proposal, and the community is, I feel sure, prepared to pay the expense. For these reasons they I bring forward this amendment.
Hon. Mr. MURRAY STEWART Your Ex- cellency, I rise to second the proposed amendment. The arguments put forward in support of it are substantially those which influenced the majority of the Law Committee, of which I was one, to recom- mend those alterations and additions to the Bill which the hon. member now moves should be accepted, as a whole, by the Government. I do not intend to attempt any amplification of those argu- ments. I do not think they require any amplification. I am content that they should be left to appeal, simply, as they staud, to whomsoever they may concern. If their appeal were direct to the full court of the commonsense of this Council if the commonsense of this Council were free to decide the case here and now-I should have little doubt about the verdict. But I apprehend that this simple matter cannot be so simply settled. I imagine that the proposal to enlist the services of the Shanghai Judge can hardly have been embodied in this bill without an ar- rangement having been previously come to between the Colonial Office and the Foreign Office. Assuming this, I fear that the Government's attitude may be fettered by past utterances on the subject in previous correspondence with the Home Authorities. There are certain other pro- nouncements which may have a hampering effect upon the present decision. At our last meeting I referred to one, made in 1008 on behalf of the Chamber of Com- merce, expressing approval of the idea, embodied in this Bill, of enlisting the ser- : vices the Shanghai Judge. The Committee of the Chamber of Commerce desire me on this occasion to say that its members are now unanimously of the opinion that it is desirable to proceed at once to the appointment of a third Judge. Opinion has not undergone any change as to the desirability of having The desirability of that was recognised four years ago. In October, 1908, Sir Frederick Lugard wrote to the Chief Justice as follows:- "We are all agreed that the appoint- ment of a third Judge would be most desirable but it is my duty to examine the comparative urgency of a number of extremely desirable requirements relation to the finances of the Colony-- and I have come to the conclusion, so far as my personal view is concerned, that in the coming year the Colony cannot afford a third Judge." No funds for a third Judge being available, the problem was
one.
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to find a substitute for a third Judge, and the solution offered by this Bill met with general approval. It was understood at the time that it would effect a con- siderable saving. The Shanghai Judge was to receive £300 a year and expenses-- estimated at £50 per annum, as against £1,300 a year for a second Puisne Judge Lof our own. But, sir, I understand that the now, the Government, realising necessity of relieving the pressure of work referred to by the proposer of this amendment. has it in mind, in the event of this Bill being passed as drafted, to create a third Magistrate whose salary could hardly be less than £800 or £900 a year, say, £850 for argument's sake. Adding this sum to the £350 required for the Shanghai Judge the Colony would, under the proposed scheme, be paying £1,200 for services not nearly so efficient as those which, I submit, my hon. friend and colleague has shown can be rendered by a third permanent Judge of our own at a cost of £1,300. Even if the rumour that the Government intends to create a third Magistrate as a part of the Shang- hai scheme is not authentic, I venture to predict that it is prophetic of what will happen if you go on with the scheme. The natural growth of the work of admin- istering Justice in this Colony will force some such expedient upon you and you will find that, at great inconvenience, you will be effecting a saving of £100 or £200 a year. Therefore, I think that the argument of economy, on which was based the justification of the Shanghai scheme, when it was originally proposed, breaks down. It was the only argument in its favour, and with its disappearance the scheme appears to have no rational justi- fication whatsoever. Accordingly. oppose it, and I beg the Government to accept, if possible, the proposed amend- ment.
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Hon. Mr. POLLOCK-I should like to add only a few words to those which friends have fallen from
hon. my opposite. I may say I am entirely in accord with every word they have utter- ed. As you are aware, sir, the hon. senior unofficial member of this Council and myself are both upon the Law Com- mittee and are of the majority who have I myself recommended this proposal.
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have been practising in this Colony for the past 24 years, and my hon. friend, the senior unofficial member, for a con-
Therefore siderably longer period. think the senior unofficial member and myself may claim to be experts in this matter, and when we say we consider a third judge should be appointed, I think we may safely say we are speaking with some knowledge of the problem.
has re-
HIS EXCELLENCY-The Council listened with great interest to the marks made by the mover and seconder of the amendment to the preamble of the Bill. They have put forward the views expressed by the majority of the Law Committee so clearly, and their reasons for the proposals to cut out certain Fines in the preamble, that I propose to send the a copy of the remarks made to Secretary of State, and to leave the Bill in Committee for the present. (Applause.)