CO129-374 - Public Offices & Others - 1910 — Page 405

a 340

38

3 ?

392

have known, and I was ten, and still am, strongly of opinion in

which Mr. Justice Gompertz concurred that in the circumstances as the Crown had obtained an authoritative decision in its favou in the later case on the same question that it should not have

attempted to pursue further the appeal in the former case.

Rolding this view I need scarcely say that if I

had been at the time in my substantive office of Attorney Gener-

al I should certainly have declined to sanction what I regarded

I may as the ill advised action of the frown Soliciter.

observe in regard to His Excellency's chservation as to the very inconvenient situation created owing "to two contradictory jude. ments" that that position would not have been in the least al- tered had we given two judgments on the same point instead of

one.

$.

I only desire to add that in Sir William Goodmant case who I helieve arted on several occasions as Chief Justice and was afterwards appointed to the substantive post questions must doubtless have arisen of a similar character but I have not heard that they were regarded as a stumbling block to the pract- ical discharge of his duties or that the position in his case

was ever assailed.

The Honourable

The Colonial Secretary.

I have the honour to he,

fir,

Your obedient Servant,

(5).) Whees Javie