CO129-347 - Governor Sir Lugard - 1908 [4-6] — Page 36

negatived the argument that any material relief to the

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Chief Justice could be afforded by any re-arrangement of

work with the Puisne Judge, and added that the work was now

in arrears and likely to increase. He also urged the

necessity of a reconstitution of the Appeal Court.

In considering this matter Your

Lordship's legal advisers will no doubt place all the

weight to which it is due upon Mr. Wise's recent conversion

to the opinion that a Third Judge is now necessary. I feel

myself that his departure makes a considerable difference

to the question since by common consent he was an extra-

-ordinarily capable and rapid worker, and his altered views

and his absence, apart from the insistence of the Chief

Justice, will, I think, justify me in Your Lordship's

opinion in once more submitting the question for Your

Lordship's decision.

9.

I strongly concur in the necessity

for a properly constituted Appeal Court of which this

Government would perhaps not infrequently itself take

advantage, and if the proposal I have made with regard to

the Shanghal Judge should in Your Lordship's opinion not

be feasible, I am of opinion that on this ground alone a

Third Judge has become a necessity. It is probable

-

indeed