CO129-301 - Governor Sir Blake - 1900 [9-12] — Page 498

H. It is admitted that the thich nation has the privilege of

direct correspondenes with the

Governor.

5. I do not know ther specific reasons

on which the

Governor based his ruling, but

gather that the ruling was founded to some extent on the assumption ∙that the Chief Instice was the head of the Judicial Department, and therefore the only member of the Supre Court entitled to correspond with the Governor directly.

reme

arc

b. It

here be observed) ray that there is no Jusicial departiment. proper in this Colony. There "Legal Departments" which linbrand the Supreme Cout and the attorney General, but the Chief Justice is in no sense the departmental head. of the attorney several. The most that can be said is that the Chief Instion is the titulas head of the Supreme Court, but Ordinance ho12 of 1872 makes it clear that the Prusue Judge, As a member of the Supreme Court, has equal judicial powers with the thing Justic

7. Moreover, the prasties is that heads of departments do not correspond with the Governor. directly, and there is no apparent distinction between the head of

5

496

an ordinary department and the. head of the Indicial Department (if

it exists) except that the one is not a droge and the other is a

Judge',

is an executive offices, and the other is not an executive officer. of therefore the privilege of direct Correspondence belongs to the thief Iustice, it attaches to him on account of his judicial and

non-excantive character, and not by virtue of his being

head of

a department.

Judges have here to

a

8. The practic, whereby both have heretofore corresponded directly with the governor appears Then to be based on the judicial

executive functions of

and won

-

their office. If this is the basis of the practic, which also served to emphasize the absolute political independence of the dudges, no reason suggests itself why the practice should be discontinued as regards the Puisse ridge, but continued as regards the thief dustice, who, as amongst the cridges themselves, is merely primus inter pares. (vide S. 14 of Ordinance to 12 of 1873)

9. The facts seem to be that there is no judicial department of which the Chief dustice is the head; that the dudges. are an independent body, subject only to the faverner,

Au

Aus