CO129-381 - Governor Sir Lugard - 1911 [11-12] — Page 546

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Your Honour to withdraw and the consideration of the

statement would then be made by the Executive Council.

Since however Your Honour has already prepared a very

full statement of your reasons which every Member of the

Executive Council will have perused very carefully, and

regarding which any questions which any Member may desire

to ask will be referred to you, I do not think that any

useful object would be attained by your repeating that

statement before the Council. I venture to express the

hope that Your Honour will concur in this view for the

purely personal personal reason that it will save me from

the (to me) extremely disagreeable necessity of having to

refuse to reply to questions put by Your Honour, which

would either be tantamount to calling upon the Council

to state the reasons of its decision, or would inevitably

lead to a debate on a policy already decided upon by His

Lajesty's Government, and the further discussion of which

pending the perusal by the Secretary of State of Your

Honour's written criticisms does not appear to me to be

either advisable or useful.

4.

In reply to your third request, I

have to inform you that the policy approved by His Majesty's

Government has not been taken entirely without reference to the Legal profession. It has moreover been made public by myself in a speech in Legislative Council on September 24th, 1908 (Hansard, page 126) consequent upon which it was open to the legal profession individually or collect- ively to make any representation which they might desire to be laid before the Secretary of State on the matter. The constitution of the proposed Appeal Court has been a

matter of discussion for abour four years. It has now reached a stage in which the main principles may, as I understand, be considered 'une chose jugée', and unless

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