CO129-347 - Governor Sir Lugard - 1908 [4-6] — Page 62

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or heard of these suggestions, though I am justified in assuming

that Sir M. Nathan's recommendations to the Secretary of State

were based upon them. I had at the time the matter was first

under discussion heard of one of Mr. Smith's suggestions, but

it was so grotesque that I did not give credence to the rumour

I allude to the suggestion that the Court of Appeal should be

constituted by bringing up one or more Magistrates to fill the

place of the Judge who had heard the case; so that the Magis-

-trates were to sit in appeal from the Chief Justice! But now

that I have seen his other suggestions, I can quite believe

that this one did actually emanate from him. For though not so

grotesque, they are for the most part merely foolish; they

betray such lamentable ignorance of the ordinary details of

Court work, that it is astonishing that a gentleman, even with

so little experience of the Supreme Court as Mr. Smith, should

have made them. Some of them are so framed as to entirely mis-

-lead: seeming, as I can clearly see they do seem to Your Excel-

-lency, to be reasonable propositions, whereas in fact they are

not worthy of a moment's serious consideration.

3.

It seems to me extraordinary that such

propositions should ever have been rade; but that they should

have had the result of being made the basis of the Governor's

recommendations to the Secretary of State without ever having

been

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