THE CONFERENCE.

Dominion, Volume 4, Issue 1154, 15 June 1911, Page 5

THE CONFERENCE.

9 . IMPORTANT DEBATES. DOMINIONS' JUDGES AND THE PRIVY COUNCIL. CHANGES AGREED TO. By Telccraph-Prese Aasoclation-CocyriehV. (Eec. June U, 11.40 p.m.) London, Juno U. At its sitting yesterday the Imperial Conference discussed the Imperial Appeal Court and naturalisation law motions. Mr. Asquith presided, and there were also present, besides tho overseas delegates, Mr. Harcourt (Secretary for tho Colonies), Lord Haldane (Secretary for War), Mr. Churchill (Home .Secretary). Lord Loreburn (Lord Chancellor), and Sir J. A. Simon (Solicitor-General). Tho following fuller report has teen issued of the debate on the Australian and New Zealand motions for a single Imperial Court of Appeal with representation for overseas Judges. j Two Courts Objected to. Mr. Bat'chelor, Australian Minister for External Affairs, declared that unless there were serious practical obstacles in the way, two courts of final appeal ought not to be continued. Both bodies were composed largely of the same Judges. Tho Privy Council also was t'ho only Court in tho Empire which did not give individual judgment. Mr. Asqnith declared that some per■sons thought that it was an advantage if one did not know whether a judgment was unanimous, or what' was the extent of the dissent. Mr. Batchelor replied that that argument was sometimes used against tho Privy Council. The constitution of a single final Court, he contended, would be another step towards Imperial unity. Tho Lord Chancellor's Views. Lord LoTeburn explained the nature of tho jurisdiction already existing in the Lords of Appeal and tho Privy Council. Tho personnel of both was practically identical. His own view was that if every Court h?.d only onu judgment there wouid bo more coherence. The Empire ought to decide what kind of a tribunal It desired. If it was so desired England could arrange that all cases from a particular Dominion were heard consecutively in order that a Judge of that Dominion might be prer-ent. The Government was not prepared to recommend a change in tho personnel of the Lords of Appeal. It was already possible to add any distinguished Judge from the Dominions to tho Court. Tho Lord Chancellor continuing, said his own idea was that they should add to the highest Court of Appeal two English Judges of tho finest quality, fixing the quorum at five. That Court should sit successively in the House of Lords for the United Kingdom, and as the Privy Counoil for the Dominions. They would thus have the same. Court in full strength for both classes of appeals. Position of Now Zealand. Sir Joseph Ward said it would be hardly practicable for a New Zealand Judg3 to visit England to deal only with New Zealand eases. With reference to New Zealand Native land cases it was greatly important to have a Judge present who was conversant witli Native customs. Lord Hnldano instanced a Maori case which lasted ten days, and -said it certainly would have been useful to have a Now Zealand Judge present.

Mr. Asquith said if tho Conrt sat in full strength it would meet occasionally with the complaint that tho Privy Council was a scratch Court and too feiv. in numbers.

Lord Loreburn, in replying to a question by Sir Joseph Ward, whether thero would be any objection to the merging of the Houso of Ixirds and tho Judicial Committee of the Privy Council, said the system ho suggested might develop into one Court. He did not think the people at Home had any quarrel against the existing Court. Mr. Malan (South Africa) and Mr. Brodeur (Canada) expressed themselves satisfied with the existing system of appeals. Colonial Judges, Sir Joseph "Ward said he had not the slightest idea of reflecting on tho Privy Council, but New Zealand was in a peculiar position with it? Native land legislation. In view of Lord Lorobnrn's statement, ho would not urge the merging of the two Courts, but he suggested the addition to the Bench of a permanent Judge from ea'ch important Dominion. The difficulty in the way was that a Jndge coming to England for special cases might have to deal on appeal with a cose which he had alrendy dealt with in Now Zealand. If permanent Judges wero appointed for five or seven years, it would overcome this difficulty, and assist in securing uniformity and co-ordination in the laws of the Empire. Now Zealand v;ould hail with satisfaction the presence of Judges of other Dominions when the Privy Council was dealing with New Zealand cases. Dr. Findloy declared that the presence of a resident colonial Judge would obviato the expense of sending counsel to instruct the Privy Council in the peculiar features of New Zealand law. Other Delegates Satisfied. Mr. Asquith asked whether the other Dominions approved of Sir Joseph Ward's suggestion. Mr. Fisher, Prime minister of Australia, declared that he was uot preparod at present to accept the proposal. . The other delegates said they were satisfied with the present system. Mr. Asquith said he preferred the suggestion that cases from the Dominions should bo heard at a stated time, so as to enable a Judge from that Dominion to attend. Mr. Fisher thereup withdrew his motion, and substituted one recommending that the Imperial Government's proposals should be embodied in. n communication to be sent to tho Dominions at tho earliest date. This was agreed to by the Conference.