1528 : IMPERIAL UNITY [PART VIII
from that Dominion. With regard to the United Kingdom
the Government were not prepared to make a change in the
composition of the House of Lords, which already included
one distinguished judge from the Dominions, Lord de Villiers.
He suggested that two English judges of the highest quality
should be added both to the House of Lords and to the Judicial
Committee, that the quorum of both Courts should be fixed
at five instead of three as at present, and that the Court
should sit successively in the House of Lords for United King-
dom appeals, and in the Privy Council for appeals from the
Dominions and Colonies. It would thus be in effect a single
Court sitting in two divisions, but the old name would be kept.
Sir Joseph Ward! expressed his preference for a system
by which the Judicial Committee should be strengthened by
the addition of a permanent judge from each of the self-
governing Dominions who should take part in the hearing of
all cases from the Dominions, and not merely of cases coming
from the Dominion in which he was a judge. It would be
well worth, in his opinion, the cost to the Dominion of paying
their judge, for he would be able to inform the Court on many
matters which it might not otherwise have satisfactorily
before it. The native land cases which affected New Zealand
were of the highest consequence to the Dominion, for
7,000,000 acres of land were in the hands of some 47,000
Maoris, and it was of such moment that cases which affected
those lands—and such cases must arise frequently—should
be rightly decided that the payment for a judge was com-
paratively of no importance.
But Sir Joseph Ward’s proposal was not acceptable to the
rest of the members of the Conference. Mr. Brodeur 2 stated
that the existing system worked satisfactorily, that the
Provinces of Canada were concerned in the matter, and
would resent if anything were decided without their consent,
and accordingly it would be well if matters could be left as
they were. Mr. Fisher 3 thought that appeals from Australia
should be decided in Australia, but he recognized that that
Cd. 5745, pp. 224 seq. Cf. Dr. Findlay, at pp. 237-9.
Ihid., pp. 239 seq. 3 Thid., p. 245.