THE FINAL COURT OF APPEAL.

Auckland Star, Volume XXXII, Issue 206, 11 September 1901, Page 5

THE FINAL COURT OF APPEAL.

THE CONFERENCE EEFOST,

(From Our London CorrsspozdaKt.)

LONDON, Aug-st 10,

A question from Mr. Bryce on Tuesday night elicited from Mr. Chamberlain a statement of the report of the conference on the Final Court of Appeal; ;which is substantially as I foreshadowed. Mr- Chamberlain said that the conference, : wl_ieh was invited for the purpose, of eliciting the opinion of the CO-071H.S and of the Government of India-in regard to a final Court of Appeal, had been.finally determined. "No scheme or suggestion was laid before the conference of His Majesty's Government, but a general expression of opinion was asked for. After a preliminary discussion at the first meeting it was agreed that the colonial delegates should meet separately and formulate resolutions for consideration at a subsequent meeting of the full conference. The majority of the delegates, after several private meetings, submitted, resolutions to the effect that appeals should continue to lie from the colonies and from India to His Majesty in Council, and that appointments to the Judicial Committee should from time to time be made from the Dominion of Canada and Newfoundland, the Commonwealth of Australia, New Zealand; South Africa, the drown colonies, and India, that the persons so appointed shouM, if judges, vacate any "judicial office held at the time of such appointment, hold office for life or a term of years, and should be paid an adequate salary. It was fur-

ther suggested that arrangements should be made for securing a larger attendance of Lords of Appeal at sittings of the Judicial Committee, and that the colonies should suggest such alterations of procedure as might tend to the avoidance of delay, the simplification of procedure, and the lessening of cost. Mr. Justice Hodges was of opinion that there should be one Imperial Court of Final Appeal, in which should be vested the appellate jurisdiction of the House of Lords and the Privy Council. Mr. Justice Pearson, representing Newfoundland, agreed with the majority of the colonial delegates, subject to the above proposal for one Final Court of Appeal. Sir James Prendergast, while also agreeing with the majority of the colonial delegates, considered that the time might arrive at no remote date for the establishment of a new final Court of Appeal for the whole Empire, but saw no reason for any colonial representation on the Judicial Committee of the Privy Council of colonies whose legal systems were substantially the same as that of England. It appeared from these opinions that, while not absolutely unanimous, the great majority of the delegates w<*#e opposed to any drastic chang-es in the present Court of Appeal, and accordingly His Majesty's Government do not propose to suggest such changes, although they will, in accordance with the resolution of the conference, ask the various Governments concerned to suggest such alterations of procedure as may seem to them desirable." The King's speech on February 14th contained this promise of reform: "Certain changes in * the constitution of the Court of Final Appeal are rendered necessary in consequence of the increased resort to it, which has resulted from the expansion of the Empire during the last two generations." It is quite evident that' Mr. Chamberlain's practical mind contemplated the creation of one practical Final Court of Appeal for the Empire, but that the Conservative laissezfaire policy proved too strong for him. The conference has proved a convenient way of shelving the whole question.