THE IMPERIAL COURT OF APPEAL.

Lyttelton Times, Volume CVI, Issue 12553, 15 July 1901, Page 4

THE IMPERIAL COURT OF APPEAL.

The impression which, according to a cabb message, prevails at Home regarding the approaching Imperial Appellate Conference, is shared, we believe, by these colonies, and the general indifference will probably prevent the delegates from recommending any substantial reform. ■ proposal to hold the Conference arose, it will be remembered, out of the discussion on the celebrated Clause 74 of the Commonwealth Bill. The Imperial Government strongly resisted the attempt to restrict the scope of the Final Court of Appeal of the Empire, and the Australian delegates in London were as strongly convinced that reform was necessary. On the first reading of the Bill in the Imperial Parliament, Mr Chamberlain announced that the Government had in contemplation the formation of an entirely new Court of Appeal for the Empire, and recently invitations were addressed by the Secretary of State for the Colonies to the Premiers of the several colonies, requesting that delegates should be appointed to a Conference, to meet in London, to consider the question. The delegates already appointed, according to the “Daily Chronicle,” are as follow: Canada, Hon David Mills ; Australia, Hon H. E. A. Hodges; New Zealand, Hon T. Thompson; Cape Colony, Right Hon J. 11. do Villiem. India will also be represented. We are not surprised at the indifference prevailing in the colonies. So far as we are aware no .attempt has been, made to rouse any general discussion of the constitution of the proposed new Court since the passage of the Commonwealth Bill, and in the Mother Country the Colonial Office itself, from which, presumably, the

“Chronicle” obtained its information, does not know when the Conference will be held, or who the delegates will be. We were under the impression that the ISiew Zealand delegate appointed was Sir James Prendergast, and that Australia would be represented by Sir Samuel Way. Several schemes have beeu submitted to the Lord Chancellor for consideration. The first, and the one to find most favour, was that of Mr Haldane, K.C., providing for the amalgamation of the Judicial Committee of the Privy Council and the Judicial Committee of the House of Lords into one great tribunal for 'the Empire, not, merely dealing with selected and important cases, but also giving advice, as the Privy Council is sometimes called upon to do, on constitutional questions referred to it from various parts of the Empire. Seats in the new Court were to be provided for colonial judges. The Imperial Government might have adopted this scheme but for the opposition of Canadian statesmen, who declared that the abolition of the Judicial Committee of the Privy Council would not be tolerated, and that it would defeat the intention and desire of the colonies to transfer the appeal from the Imperial Crown to a Parliament representing only the British Isles. The difficulty might have been met by investing the Privy Council Committee with powers similar to those enjoyed by the committee of the House of Lords, and thus causing all appeals to be made, in theory, to the Crown. In practice there is little difference between the two Judicial Committees. “In adjudicating upon English, Irish and Scotch cases,” says the “ Chronicle,” “ Lords Macnaghten, Morris, Davey and Robertson sit in considerable state, with, all imposing accessories; in adjudicating for the British Crown they ascend a flight of stairs in Downing Street, where, wigless and robeless, in a small 1 , dingy chamber, the members of the Judicial Committee of the Privy Council foregather.” Our London correspondent suggests that Mr Haldane’s proposal will he modified, so that the new Court will have no connection with the House of Lords, and that in this form it will be submitted as the scheme favoured by the Imperial Government. At the same time, an attempt may he made to abolish intermediate appeals in important cases, so that there will be no vexatious delays of justice between the first Court of hearing and the final Appeal Court. The Conference is expected to be held during the present month, under the presidency of Mr Chamberlain.