CO129-348 - Governor Sir Lugard - 1908 [7-10] — Page 48

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add to Section 84 a proviso making quite clear that the

right of any person to apply to the Supreme Court for a

Conclosure 13.

onclosure 14.

47

mandamus, injunction or prohibition is preserved.

The amendment to Section 265 (a)

indicated above was opposed by Mr. Pollock and carried

to a division. The amendment was carried, one Un-official

Member (Sir Henry Berkeley) voting with the Government

(see page 80 of the Hansard report).

Upon the Section as thus amended

being published, I received a second letter, copy enclosed,

from the Chief Justice, and although I was advised by the

Law Officers, copy of opinion enclosed, that in view of

the wording of the Section the proceedings foreshadowed by

the Chief Justice would not lie against the Governor-in-

-Council, I deemed it prudent to insert express words in

the Section precluding any such proceedings. I have

reason to believe that property owners who are represented

on the Executive Council by Sir Paul Chater and on the

Legislative Council by the member nominated by the Chamber

of Commerce are satisfied with the appeal to the Governor-

-in-Council as provided for in the Ordinance and value it

as an easy and expeditious alternative to an appeal to the

Courts.

11.