CHAP. TIT] JUDICIAL APPEALS 1381
restrict the appeals in addition to the restrictions imposed by
8. 74 of the Constitution itself, no such Bill has been intro-
duced,! and at the Colonial Conference of 1907 the delegates
from South Africa who were desirous of a single Court of
Appeal in South Africa, a desire which has now been rendered
effective by the formation of the Union, still preferred that
the right to grant special leave to appeal from that Court
should remain intact.
That the presence of a Colonial judge or judges on the
Judicial Committee would really strengthen it may be a
matter for legitimate doubt, but it is probable that it would
be felt in the Dominions to add weight to the decisions of
the Privy Council, however little justified that feeling might
be by the actual facts. There seems, therefore, to be some
case for considering whether the Colonial representation on
the Judicial Committee could not be made real instead of,
as at present, in the main nominal. It must be assumed,
of course, that if the representation were made real the
Colonial judges could sit in all cases of appeals and not
merely in cases of appeals from the Colonies. There would,
it is assumed, be no objection to this, as if a judge were of
sufficient standing to be considered a suitable person to
deal with appeals from the Colonies he would be a suitable
person to hear the appeals in miscellaneous matters which
now lie to the Judicial Committee.
To render effective the representation of the Colonies
salaries must be provided, and the first question which arises
is whether Parliament could be asked to pay salaries to
Colonial judges or whether the Colonies should be asked to
Pay these salaries. It is certain that there are no doubt
Strong objections to asking Parliament to pay. The Colonial
appeals exist ultimately for the benefit of the Colonies, and
therefore it can fairly be assumed that the Colonies would
pay for the judges.
The number of judges to be added would presumably
include a judge familiar with the Roman Dutch Law and
* The Union Parliament has a like power. and is likewise not disposed to
exXerciae if