Page:The Green Bag (1889–1914), Volume 07.pdf/95

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72
The Green Bag.

mitted was a crime which the Governor had power to pardon, was referred to the Judicial Committee by Her Majesty on the advice of the Colonial Secretary, and an swered in the affirmative. A second refer ence (on the question whether Mr. Yelverton ought to be removed from his office) arose from the Bahamas case, and was heard late in 1893 before Lords Herschell, Watson, Bowen, Hobhouse, Shand, Cole ridge, Morris, Sir Richard Couch, and the Earl of Jersey, who, although a layman, had been a colonial governor, and was therefore added to the Commit tee. But any formal decision was avoided by Mr. Yelvcrton's resignation. Another case (a similar kind) came before the Privy Council in 189 1 . Mr. Henry Frederick Gibbons, barrister at law, had been ap pointed judge of the Eastern District Court of Jamaica in November, 1881. He was transferred to the Northern District in Janu ary, 1882, and to the Southern District in November, 1883. On 20th of September, 1884, Mr. Gibbons had an altercation and fracas in the precincts of the court-house at Mandeville with a solicitor named Daly Lewis. The governor, Sir Henry Norman, called upon him for an explanation, and ultimately suspended him from office on the advice of the Privy Council of Jamaica. Thereupon Mr. Gibbons returned to Eng land, and demanded an investigation into his conduct. Lord Derby, then Secretary of State for the Colonies, directed Sir Henry Norman to appoint a committee to inquire and report; and Sir Henry Norman ap pointed the chief-justice (Sir Adam Gib Ellis), Mr. Justice Curran, and another gen tleman to act as commissioners. Mr. Gib bons was present during the inquiry. In due time the report of the commissioners was made and sent to England, and on 20th April, 1885, the Colonial Secretary required Mr. Gibbons to resign as an alternative to being dismissed. Mr. Gibbons resigned and returned to England. Shortly afterwards

he raised an action against Sir Henry Nor man, which was referred by consent to the arbitrament of - Lord Herschell. After a careful inquiry Lord Herschell decided in favor of the Governor, on the ground that his act had been ratified by the Secretary of State. His lordship, however, also found that Mr. Daly Lewis, and not Mr. Gibbons, was to blame for the fracas; and an effort was, therefore, subsequently made to induce the Privy Council to reopen the whole ques tion of the circumstances under which Mr. Gibbons was dismissed. This their lordships refused to do, (1 ) because the dismissal was an administrative act which could not be re viewed in any court of law, and (2) because his letter of resignation put Mr. Gibbons out of court. Lord Watson, however, observed that the matter could have been dealt with, if it had been referred to the Privy Council by the Crown. The Privy Council sits, as often as is nec essary to overtake its list of causes, every legal term. Its sittings are held in the council room at the Privy Council office in Downing Street. The councillors present do not wear wigs or robes, but sit on either side of an oblong table, separated from the rest of the room by a wooden barrier, in the middle of which is placed a desk (like that from which an Episcopal clergyman reads "the lessons"), and from behind this coun sel address the court. The subjoined dia gram may bring out the different points more clearly. Pr1vy Counc1l Room.

Passages.

Passages.

Counsel's Desk. Reporters.