CO129-347 - Governor Sir Lugard - 1908 [4-6] — Page 434

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perception of; but hitherto withtout success. He declines to answer some queries; he answers others "without prejudice": he answers others without any limitations. I am not able to dis- -tinguish between the quality of the different questions I have asked him, as they all relate to the duties of himself or the officers of the Department.

5.

There is of course a very important question involved in this correspondence - the relation and responsibili- -ties of the Chief Justice to the Government; I have for some time seen dimly, but now clearly, that the views which I have formed after 15 years experience as a Judicial Officer are not in accordance with those held by by the Government of this Colony. That is a serious issue which I trust may be ultimately settled in the way most conducive to the interest of the Colony. But Mr. Seth's grievance stands on another plane. The position of an independent Head of Department who owes duties to me is one which I find, with great respect, difficult to appreciate; the lines of division of duties consequent on it are quite unfamiliar to me, and I should be at a loss to know how to carry on the work of the Supreme Court subject to it.

6.

But I doubt whether Mr. Seth seriously wishes Your Excellency to take that view. And there is one point on which I have not perhaps dwelt on sufficiently in my letters - the novelty of Mr. Seth's pretention. He has never questioned my authority before, but has invariably complied with my instructions and answered my requests. I have little doubt that he objected to the written request to keep a diary. As he said to me afterwards, if I had only sent for him as usual there would have been no difficulty: but he was 'very upset', and unfortunately sought the advice of the Colonial Secretary. If the Colonial Secretary had taken Your Excellency's view that the Registrar does owe duties to the Chief Justice, he would have told him to see me and point out that my request was un- -usual, or couched in an unusual form (which however I certain- -ly do not admit); everything would have been put straight, and work would have continued as harmoniously as in the past.

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