CO129-369 - Acting Governor May Governor Sir Lugard - 1910 [10-11] — Page 259

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Pro PES 26 NOV 10

I saw the Chief Justice at 1 p.m. at the

Government Offices today. I had asked him to come and see mo in order to talk over his letter of the 31st. ultino.

The Chief Justice repeated the arguments

aet out in the 2nd. paragraph of that letter in favour of the appointment of a Third Judge. He added that he was at a loss to understand how the other work of the Court had fared during the hearing of the case heard by Mr. Rees-Davies which had lasted

54 days.

I told the Chief Justice that I did not see

my way to telegraph as suggested to the Secretary of State be- -cause the case referred to must be regarded as quite an abnor- -mal occurrence. My opinion, still was, as it had been in the past, that apart from the question of re-constituting the Appeal Court, a Third Judge was not necessary. I said that I had since the receipt of his letter re-read the whole of the correspondence on the subject and that I could not get away from the feeling that he did not make sufficient use of the Puisno Judge.

The Chief Justice said that Mr. Gompertz

had relieved him of a good deal of Chamber work but that Mr. Hazeland was hardly up to it; and that an arrangement now ob- -tained, initiated by Mr. Rees-Davies while acting as Chief

Justice, whereby the Puisne Judge took half the cases at Sessions. I asked why the Pulsne Judge could not relieve him also of Bankruptcy cases and he aanwerod that even if the Puiane Judge took all the Bankruptcy cases it would not afford

very material relief as the cases wore not many. He added that even if the Puisne Judge were to take half the cases at Criminal

Sessions, all the Chamber work and all Bankruptcies the relief,

although appreciable, would not suffice to prevent the conges-

-tion of work in the Court.

I suggested that in support of his letter it

would be useful if he were to bring the statements of the work of