CO129-348 - Governor Sir Lugard - 1908 [7-10] — Page 605

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Enclosure 3.

c.o. 601

41841

14 40 09 Government House,

Hongkong, 6th. October, 1908.

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sir,

I regret to learn from your letter of

September 29th. that my explanation of the actual words used by

me in reference to the Court of Appeal and which I had believed

would entirely dispose of Your Honour's cause of protest have

not had that result.

2.

Your Honour contends that "no-one who is

familiar with the work of a Judge" could attribute to him any

but the highest motives when hearing an Appeal, whatever his

decision might be. But the words used by me('innuendo' and

'alleged' &c.) made it I had hoped amply clear that I was not

referring to well informed persons but to disappointed liti-

-gants and irresponsible critics. I expressed in fact only the

views which I have understood yourself and Mr. Justice Wise to

have affirmed. The words of the latter in this connection (for-

-warded to me as an enclosure in Your Honour's letter of the

29th. February, 1908,) were:- "As at present constituted the

*Appeal Court consists of the Chief Justice and the Puisne

"Judge, from one of whom the appeal necessarily lies, and the

"Chief Justice has a casting vote. The result is that anyone

"who has the money will appeal against the decision of the

"Puisne Judge (in consequence of the casting vote) but that no

"one will appeal against a decision of the Chief Justice unless

"he intends to carry the case to the Privy Council".

3.

In reply to your third paragraph I can only

repeat the statement made by me in my observations on the

Estimates after giving due prominence to the fact that Your

.eolden. Tełdo edT

Honour

Mis Honour

The Chief Justice.