CO129-301 - Governor Sir Blake - 1900 [9-12] — Page 504

4. It is admitted that the thick dustice has the privilege of direct correspondence with the Sovernor ;

5. I do not know the specific reasons on which the Governor based his ruling,

but I

gother that the ruling was founded to some extent on the Assumption that the Thief Justice was the head of the Iudicial Depart- -ment and therefore the only member of the Supreme Court entitled to corres- - pond with the Governor directly.

6.- Ip

حمر

may

here be observed) That there is no

Indicial Department proper in this Colony. There are "Legal Deportiment," which embrace the Supreme Louch and the attorney Several, but the Chief Justice is in no sense the Departmental head of the Attorney General. The most that

can be said is that the Thief distico is the titular head of the Supreme Coust, but Ordinance No 12 of 1873 makes it clear that the Priono Judge, as a member of the Supreme Qourt, has equal judicial powers with the Chief Justice.

7. Moreover, the practice is that heads of departments do not correspond with the Governor di- -rectly, and there is no apparent

distinction between the head of an ordinary department

and the

head

502

head of the Judicial Department (if

the

Judge,

Arið

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

one is an executive officer, the other is not an excentive offiect. If therefore the privilege of direct Correspondence belongs to the Thief Justice, it attaches to him account of

his judicial and

executive Character

by vistive of his being

·

a deporterent.

and uch

a head of..

Corred-

F. The practice whereby both Iudges have heretofore -ponded directly with the Lovcener appears then to be based on the judicial and non-executive functions

of their office. If this is the basis of the practice, which also served) to emphasize the absolute political independence of the Sudges, reason suggests itself why the praction should be discontrimed as regards the Quique Surge, but continued as regards the Chief distice, who, as amongst the Judges themselves, is merely priemer inter pares (vide s. 14

(vide s. 14 of Ordinan No 12 of 1873)

G.. The facts

seem to be Judicial Departiment

that there is no

of which the Chief Justice is the head; that the Sudges.

independent

are am

body, subject only to the Governor,

And