CO129-369 - Acting Governor May Governor Sir Lugard - 1910 [10-11] — Page 260

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of the Court forwarded in his letter of 3rd. April, 1908, up

to date. The figures for 1908 and 1909 would be far more valu- -able evidence to lay before the Secretary of State than a general statement of congestion of work aggravated by a case of 54 days duration which, as stated before, must be regarded as

abnormal.

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The chief Justice said that although the case referred to might be regarded as abnormal the appeal arising out of it was not. He felt that he could not put forward a stronger case than he had put forward in 1908. He did not wish to go over old ground. He would prefer to base his recommenda... -tion on the condition at present existing. I said that I must lhavs it to his judgment what facts and figures he would elect

to put forward, but that I felt sure the arguments set out in the 2nd. paragraph of his letter of the 31st. ultimo would not a induce the Secretary of State to alter the decision con- -veyed in his despatch of the 18th. September, 1908, to the effect that no case had been made out for the appointment of a 2nd. Puisne Judge. The Chief Justice said he would supplement his statement.

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警

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As regards the question of re-constituting the Court of Appeal upon which he had touched in his letter, I said that all were agreed that the Court of Appeal should be re-constituted. If it transpired that the Foreign Office were

xxx no longer able to entertain the proposal that had been made in that behalf, then a strong argument would exist for the appointment of a Third Judge. I said that I was prepared to say as much as that in forwarding his letter to the Secretary # State.

I added that in addition to the reason

already given for not telegraphing to the Secretary of State there was the further consideration that as the New Law Courts would not be finished till the middle of next year at the earliest, there was no Court or other accommodation for a Third Judge and that therefore the question was not urgent. The

Chief

of