CO129-347 - Governor Sir Lugard - 1908 [4-6] — Page 475

Conclosure 2. A.). 172

THE CHINA MAIL.

THURSDAY, FEBRUARY 27, 1908.

25185

13 JUL 08

!

THE SUPREME COURT VACATION.

ARGUMENTS OF THE CHIEF JUSTICE.

(To the Editor of the CUNA MAIL). SIR--Your correspondent, "Lex," pro- pounds such ressonable questions in con- nection with the administration of justice in the Court over which I preside, that I think he is cutitled--and the public through him-to an answer to the second question propounded in his letter published in! your yester evening's issue. When the hearing of a case is unavoidably post- poned owing to soch a lamentable occur. I cence as the death of our old friend Mr Danby, it is practically impossible to fill up the chasm thus caused in the work of the Court by bringing other. cuses forward as is done at Home. Only Phose concerned in the business know the difficulty of gotting a care ready for hearing in Court; the main reason being the getting together of the Chinese witnesses The practice of fixing cases for definite days is tüerehe inevitable in this Colony, and I do not see my way to alter it. But all the profession knows when a case fixed for hearing suddenly goes off," for adjoining my Chambers there is a small! room where the most intelligent and discreet of clerks sits to impart information and facilitate the progress of things generally; and, all parties concurring, there is no difliculty in advancing the heating of another case if it can be arrang- ed. It is obviously to the advantage of all concerned, including myself, that this should be done, and it is done whenever possible.

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Having, as I hope, made this point clear, may I trospass still further on your valuable space to touch on the much vexed question of the vacation, but only in the most friendly spirit? I read the articles" perhaps diatribes" would be the better word for sorae of them, which have appeared on the subject with much interest, but I save looked in vain for a solution of the real question in issue: be done in order to prevent those wicked barristers going away, without so much as "with your leave, or hy your leave." for | a three months' holiday at any time during the year, suiting their own convenience fand touting the public interest ?

What is to

say

You, Sir, with. if you will permit me to so. somewhat less of your usual acminen, have appouded a note to "Lex's ". letter-This seems to be an argument in favour of an addition to the Bar," but that is one of those things easier said than done. Now, acting, as I believed in the public interests (though other people will not give me this credit). I called a meeting of both branches of the profes sion, whereat the utmost harmony pre- vailed, and we came to the conclusion that it would be better for all partios concerned, out of those parties being the public. to make the Long Vacation more suited to its traditional name, and fix it, all parties thereto agreeing to be bound by it. at a detinite period of i two months; these two months being selected at a time of the year when the cool fine weather of the north might refesh us, somewhat jaded with much law and argument during the summer heat, and send us back more keenly alive to the virtuous complaininas of many suitors, and more capable of appreciating the rights and wrongs of our fellow creatures, This soomed to me. and to all of us, and still saenis, a practical solution of the difficulty. 'The other side of the question," that

is, the side of the public, was very much considered. and it was pointed out that a compote cessation of work would be detrimental to the public interests. An important extension of what is technically termed vacation work “ was agreed to Bankruptcies and Summary Judg-1 meuts wore to

throughout the year.

It has since been suggested that further extensions might be unade, and these have also been agreed to; for while 1 think that the Long Vacation, universally recognised in all countries is a necessity. I havo never understood why it should involve so complete a cessation of work as it does in England. I have there- fore the more cheerfully acquiesced in the wishes of the solicitors, whereby both they and the public, whose interests coincide, will materially benefit.

Now, the Chamber of Commerce will have none of this. It was very kind of the Comunittes to say that in their opinion the case for increasing the Vacation was not inade out; I ventured to express the opinion that this was a question which was for another estate of the Colonial Realm, that is another story.

But