CO129-319 - Governor Sir Blake - 1903 [10-11] — Page 147

COPY.

No.3.

144

Colonial Secretary,

I have very carefully gone into this pain-

ful case, painful because I deprecate anything like friction

between officials of the standing of the Acting Puisne Judge

and the registrar.

I have felt that it would be better in all

ways that i should give my own unbiassed decision on the case,

the decision of an impartial gentleman: and with that end in

view I have asked for no guidance from any Official, except that

1 referred to the Chief Justice for a simple ruling on two

points. 1st. As to whether the Registrar was in any sense sub-

crdinate as an Official to the Puisne Judge: and 2nd. Whether it

was in the opinion of the Chief Justice objectionable to en-

dorse a subpoena.

The Chief Justice replied as to the 1st.

point that the registrar was no doubt in a manner subordinate

as an Official to the Puisne Judge and as to the End. point the

Chief Justice held that while it might be objectionable to en-

dorse as a Memo. any process of the Court which would become a

record of the Court, yet that in this instance he could see no

objection to such an endorsement as was made by the Fuisne

Judge, being made, and becoming a record of the Court: in fact

he considered it might be a convenience.

having regard to these rulings on the 2

points mentioned I am of opinion that it was vexatious on the

part of the Registrar to take exception to the action of the

Fuisne Judge: and that his manner of speech on being sent for

as well as bis written minutes in reply to questions from the

Fuisne Judge were not such as were becoming in an official who

was in any sense subordinate to the Fuisne Judge.

1 desire therefore that Mr. Norton-Kyshe be

requested to express in writing his regret that he should have

allowed