CHAP. IIT] JUDICIAL APPEALS 1377
tralia, and New Zealand. It was argued by Mr. Justice
Hodges that there was a danger of conflicting decisions
between the House of Lords and the Judicial Committee,
and that the House of Lords was preferred at the ex-
pense of the Judicial Committee in respect of its com-
position, while a single Court would further the unity of the
Empire, and this view received support in this country.
But the other delegates at the Conference of 1901 were
not in favour of any substantial change.
The question of judicial appeals was discussed at the
Colonial Conference of 1907. The Commonwealth then
put forward a resolution, that it was desirable to establish
an Imperial Court of Appeal, and Mr. Deakin dealt with it
at length! He then made certain complaints against the
Judicial Committee. He pointed out that only four judges
sat on the case of Webb v. Outtrim,? despite the fundamental
importance of that case, and he urged that the House of
Lords was preferred by Australian lawyers to the Judicial
Committee. He said that the desires of Australia would be
satisfied if arrangements could be made to transfer Australian
appeals from the Judicial Committee of the Privy Council
to the House of Lords, leaving it free for the other parts of
the Empire to go to the Judicial Committee if they desired.
He pointed out also the conflict between the Judicial Com-
mittee and the High Court of Australia, which had arisen
with regard to the income-tax cases. He quoted with
approval the recommendations of Mr. Justice Hodges in
1901, and it is possible that he meant that the Common-
wealth would accept the House of Lords as a Final Court
when it would not accept the Judicial Committee. Dr.
Jameson, on behalf of the Cape Colony, preferred the
Judicial Committee ; it is significant that the reason which
he gave was the presence in that body of Sir H. de Villiers,
and he assumed that if the House of Lords was the final
Court, it would not be possible to provide for representation
of the Colonies. Mr. Deakin pointed out to him that this
See Parl. Pap., Cd. 3523, pp. 200 seq.
119071 A. C. 81.
