CO129-156 - Sir MacDonnell - 1872 [1-3] — Page 39

7.

38

preside alone over

the principal Tribunal, which decides on the most complicated and important

concerns affecting the property, lives,

and liberties of society

here._

6 I endorse Minutes of the Council at which leave was granted to the Chief Justice, because Your Lordship will thence perceive that Mr Dods was prepared

to make his statements much stronger

& Mr Smales' incapacity for mental work.. Moreover, the Acting Attorney General concurred to the universal feeling

here

regarding Mr

evidence as

of this

profession

Smales' continuance in his post,

certainly appears deserving of some

consideration #4

30 December 1871.

attention.

7.- It is

reported to have ample

independent private means and can also claim a pension commensurate to his services. Therefore if he cannot, through mental incapacity, without risk of scandal and injury to the Public, continue to hold his office longer, I own that I am unable to understand on what

grounds his

office is made tenable during Majesty's pleasure, if not thereby afforded a means of removing him when his further exercise of his judicial functions has become injurious to himself as well as to the Community.