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PUBLIC RECORD OFFICE

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Reference :-

C.O.885

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PUBLIC RECORD OFFICE, LONDON

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The LORD CHANCELLOR: Yes.

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Mr. CHAMBERLAIN; And he does so well-he strikes the lawyers as having done so well-that somebody interested in another case, either from another Colony or in an English case, gives him a brief ?

The LORD CHANCELLOR : Yes..

Mr. CHAMBERLAIN: And, as I say, the Attorney-General, expressing only his own opinion, believed that no objection would be taken, either on behalf of the Bar or of the Judicial Committee of the Privy Council, to his appearing under such circumstances.

The LORD CHANCELLOR: In a matter nearer home the question comes before us constantly. Of course, a Scottish advocate is not an English barrister; but we have Scottish advocates constantly practising at the Bar of the House of Lords. I suppose the question, if it did arise-I am not certain that I would concur in the House of Lords, would allow in an English case--an English appeal case-a Scottish advocate to argue it at the Bar of the House of Lords. never practically arisen, and it is, I think, so exceptional in its character that it is not It is a question which has very likely to arise. It certainly has not been the subject of any difficulty. It is always to be remembered that the Judicial Committee of the Privy Council are not confined to the strict Rules-they are advising the King, they may hear anybody they please. It is not like the question of the ordinary forensic Tribunals, before which only particular persons are entitled to advocate the cause of others, because, of course, everybody is entitled to argue his own case before all Tribunals; but for advocating the cause of others there is a particular and selected class, no doubt. I think the Privy Council would most probably say, “Well, it must not be made a precedent,” as one undoubtedly does say "but they would undoubtedly hear the man.

Mr. Justice HODGES: Well, I think the Australian Government want it to be removed from that category, and they do not want the Colonial barrister to be heard as a matter of favour; they want him to be heard just as an English barrister is-as a matter of right. That is exactly the question. They say in that Court-the Privy Council the English barrister appears, although he has not the slightest right to appear in a Court from which the appeal comes; that is an Imperial Tribunal.

The LORD CHANCELLOR: Well, but just let us see-ascertain our facts. Do you mean that an English barrister going out to Australia is not heard, as a matter of course, in the Courts in Australia.

Mr. Justice HODGES: Certainly; he cannot be heard unless he is independently admitted; the facts are precisely the same on that ground.

The LORD CHANCELLOR: If so, one does not quite see the grievance, which would be only treating them exactly as the Colonial Courts treat them.

Mr. Justice HODGES: Oh, no; this is an appeal from the Colonial Court-for the time being, that is, a Colonial Court-it is a appeal.

Court hearing the colonial

The LORD CHANCELLOR: Yes, no doubt; and if I understand your view, there is no doubt that the Colonial barrister coming from that Court would, as a matter of course, he heard in the Judicial Committee of the Privy Council, and he generally is; so then what would you say or suggest, as the subject of comment would be that the barrister coming from one Colony should be heard, although the appeal upon which it was desired he should be heard is not an appeal coming from his own Colony.

Mr. Justice HODGES: Precisely; as in that case the English barrister would be heard in that very case, although it came from a Court that the English barrister would not appear in.

The LORD CHANCELLOR: I understand.

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Mr. Justice HODGES): Well, they say, as a matter et reciprocity, the colonial harrister should be able to appear in any case in that Court.

The LORD CHANCELLOR: I follow your argument.

Mr. Justico HODGES: It was just that reason. They know, because they have seen this; they have referred ine to it; the telegram referred me to this report. We know, as a matter of courtesy, it is very probable he would be heard; but they thought thai in that Court they should be put on a level footing, and just as the English barrister is heard as a matter of right, they should be heard as a matter of right.

The Hon. DAVID MILLS: All barristers, from all parts of the Empire, should stand on the footing accorded before the Judicial Committee.

The LORD CHANCELLOR: What you call an International Tribunal ?

The Hon. DAVID MILLS: An International Tribunal.

The SOLICITOR-GENERAL: A Tribunal for all the Colonies. A barrister From any Colony would have a right to appear before the Tribunal.

Mr. CHAMBERLAIN: 1 did not know Mr. Justice Hodges was going to bring this up.

I intended to speak to him about it if he had "mentioned the matter

to me.

Mr. Justice HODGES: I thought this was the last opportunity.

Mr. CHAMBERLAIN: What I was going to suggest to you was this: that the case has never arisen, that it is never likely to arise, that it is probable if it did arise) it would be settled in that way, and that, under these circumstances, probably it would not be wise to raise it now.

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Mr. Justice HODGES: It might be very awkward if the objection were raised'

at the time the particular case came on that he should not be heard.

The LORD CHANCELLOR : I think you might trust us to take care that we should not do any injustice to the particular litigant.

Mr. Justice HODGES: Not only to the particular litigant, it might be important to the particular individual.

The LORD CILANCELLOR: That is what I meant-the particular litigant who is affected.

Mr. Justice IIODGES: The counsel-well, I do not know if it was left to Tasmania. I think British subjects like to have their rights settled, and they like to stand -upon their rights.

The LORD CHANCELLOR : Oh, yes; I quite agree. Perhaps you will allow me to say, after an experience, I regret to say, of half-a-century, I do not know what are our rights.

Mr. Justice HODGES: No. Evidently it is important enough to bring it beforo the Council of the Bar of England.

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The SOLICITOR-GENERAL: It might be worth the while of a good man at the Colonial Bar, if there were a great many appeals from his own Colony, to settlo over here.

He might go into the House of Commons, as Blake has done. often appears for Canada, and he gets a good deal of business in the Privy He Council. I daresay somebody may have that in view; a man may come over and * settle.

The LORD CIIANCELLOR: I think we always open our doors very widely on that subject.