CO129-358 - Governor Sir Lugard - 1909 [10-11] — Page 335

No. 4.

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Government House,

Hongkong, 28th.September, 1909

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39868

&

REC? Pact 9 DEC09 I have to acknowledge Your Honour's letter

of the 23rd. instant. On reference to my letter of 15th.

instant, I find that is affords no grounds wiletever for your

complaint that I referred to Mr. Justice Gompertz to "confirm"

Your Honour's statement. I asked Mr. Gompertz if he was willing

to act as the sole Judge of the Supreme Court during Your

Honour' absence pointing out that Mr. Wise had done so previons-

-ly and he readily agreed. Upon his acquiescence I intimated ry

concurrence in Your Honour's wishes.

2.

Mr. Rees Davies applied for a fortnight's

extension of leave from September 10th. which was refused

because of the uncertainty of the date on which Your Honour

proposed to go on leave, the teleṛræn did not however a rive

until after Mr. Rees navies sailed on 17th. August, 1909.

3.

I note Your Honour's demurrer to the that statement you strongly redorriended Kr. Rees Davies to act as

Chief Justice in your absence. My own recollection of our

verbal interview was that Your Honour was very lukewarm in your

commendation of Mr. Rees Davies as a Chief Justice, but that in

the actual circumstances of the case which you described to me

(and of which I have a complete recollection) Your Honour wes

strongly in favour of his acting. In a recent interview you

arain expressed an adverse view of Mr. Rees navies's merits as

a Judge, and Mave this as a reason why you could not have strong-

-ly recommended him, but Your Honour will perceive that the

question of merit, and the question of expediency in the

circumstances which present themmalves are not identical. The

matter is of no present importance, but since this is not the

first occasion on which Your Honour has challenged the accuracy

of