CO129-381 - Governor Sir Lugard - 1911 [11-12] — Page 536

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which he requested should be laid before the Council,

and at the same time (November 17th) he demanded a

personal interview with myself. In these he argued at

Great length,

(a) That the proposed method of re-constituting the

Appeal Court was impossible of success, and entirely bad.

(b }

That unless the Executive Council on full re-

consideration decided that it was feasible and the best

course to be adopted the reason for his retirement fell

to the ground and he would stay on.

(c) That they were therefore bound to reopen the

whole matter, and must take the opinion of the Legal

profession before deciding.

(a)

That in any case the Secretary of State was wrong

in saying that his retirement was advisable before the

new Court was inaugurated because he had actually assisted

in preparing the draft Ordinance and pointed out the

faults in the original draft, and would of course accept

the new Court however instituted.

(e) That the Executive Council had acted 'ultra vires,

that its decision was influenced by the desire of the

Secretary of state that the Chief Justice should retire

before the introduction of the new Appeal Court, and was

not therefore independently and reasonably exercised.

(f) That it was incumbent on the Executive Council

to Live reasons for its decision where they so affected

the interests of an individual.

5.

He said he altogether declined to be "discharged

like a Chinese coolie" and much more to this effect,

In accordance with his request his long

letters were circulated to Members of the Executive

Council. In so far as these letters refer to the question

of the Appeal Court I am enclosing them in a separate

despatch