CO129-355 - Governor Sir Lugard - 1909 [1-3] — Page 245

243

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was himself perpetuating the discussion which the authors had

themselves retired from, and this on the advice

of the Chairman of the Chamber of Commerce. I submit that this

is not the treatment which the Chief Justice has a right to

expect from the Governor of the Colony when he is performing a

public duty connected with his Department.

In my opinion in the first place the

attitude of the Chairman was most indecorous; and I submit in

the second place that the attitude of the Government to the

Chief Justice was not conducive to the maintenance of the

dignity of the Bench, and did not conform to the traditions of

the service regulating the conduct of official correspondence

between the Governor and the Chief Justice. More especially I

submit that the final letter of the Colonial Secretary to the

Chamber was highly improper in the tone of manifest hostility

to the Chief Justice: and also because the fact that there had

been palpable inaccuracies in the statements made by the Chair-

-man of the Chamber which were at the time known to the

Colonial Secretary, and which of themselves showed that there

was every reason for further testing the accuracy of the state-

-ments. The questions which arise out of the foregoing are the

following:-

B. Whether in the action I took in acting as the

Ordinance No. 5 of 1898, empowered me to act, I took any step

which the circumstances did not in the public interest demand ↑

b. Whether the action taken by the Government in

not communicating with the Chief Justice but in merely referring

the matter to the Chamber of Commerce, and in not forming any

opinion of its own, was consistent with the due regard which

ought to be paid by the Goverment to the Chief Justice?

C. Whether the attitude of the Government in mere-

-ly accepting the views of certain members of the profession

which had been adopted by the Chamber, without any reference to

the Chief Justice, especially after they had been abandoned,

and especially in view of the manifest hostility of the

Chairman

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