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7th Day. Imperial Appeal Court. [12 June, 1911. Viscount HALDANE : I rather think so; your arrangement was not quite fixed when they came over. Mr. FISHEE : Under duress. Viscount HALDANE : I do not think so. I think the only point they cared about was as to the Constitution, and if you will remember that was kept final, but as to the other they left it so. I am certain nothing was decided against the wish of the Dominion representatives. I remember the negotiations very well. Mr. FISHEE : I am surprised to hear that. Viscount HALDANE : I think you will find it was so, Mr. Fisher. The LORD CHANCELLOE : Of course, I am speaking upon the hypothesis that in Australia it was desired to have a final court of appeal in this country. Mr. FISHEE : I did not quite understand that in your earlier remarks; I thought you meant that the Dominions might settle their own Appellate Court. The LOED CHANCELLOE : I was trying to deal with the matter on the assumption of the final court of appeal being in this country. Mr. FISHEE : I think your words conveyed to me a different view. The LOED CHANCELLOE : Let me make it perfectly clear. I have not at all been thinking throughout my observations of whatever each Dominion might think fit to settle for itself in its own country; I was only thinking of how we in England could meet their wishes in regard to a final court of appeal in this country —a different proposition altogether. I have said nothing at all about the Australian desire, if there be a desire in Australia, to have no appeal at all. That is a different thing. I was speaking solely with regard to the court in England, and I think it would be desirable that each Dominion should say what class of judges they wish to have in this country, if they have an appeal here, and what strength they would like them to sit in. Mr. FISHEE : It is obvious, as far as we are concerned, that without an amendment of the Constitution we cannot do anything now. The PRESIDENT : You cannot get rid of the appeal here now; you cannot consume your own smoke entirely as you say you wish to do or some of you wish to do. It would require an amending Act. The LOED CHANCELLOE : That is why I was dealing with the situation as I was doing. The PEESIDENT ; The Lord Chancellor is speaking on the assumption that the law remains as it is now. Mr. FISHEE : Yes, that question is not raised here. The PEESIDENT : No, it is not raised. The LOED CHANCELLOE : Will the Conference now allow me to suggest my own idea? My idea is that we should add to our highest court of