The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1838-01-05 00:00:00

DOCK COMMITTER

The TOWN-CLERK proceeded to read lir. Harvey's letter of
resignation of his office of solicitor to the docks, of which the
following is a copy :
North John-street, 15th December, 1837.
"To Robert Behr), Esq., deputy-chairmau of the Dock Com-
mittee.

•' Dear Sir,—l have again maturely considered the question
upon which I troubled you with a call yesterday, and which you
desired me to re-consider.
" From a careful review of the constitution and powers of the
dock committee controlled as that body is by the town council,

• .
acting in all things under the advice of their town-cleric, I have
come to the deliberate conclusion, that, as solicitor of the dock
trustees,.l can never feel assured that I am acting as the exclu-

sive and independent solicitor of that corporation; but must
always labour under this disadvantage;—that it is in the power
Of those members of the town council who are also members of
the dock committee, or of any one of them, or of any other
member of the council, at all times, to procure a supervision, by
the 'lown-clerk, of all documents framed by the Dock Solicitor
for the Dock Committee, and all advice given by him to them,
and. in short, all-business done for them, in relation to matters
which must necessarily form part of their proceedings. and
therefore be laid heft,' e the council for confirmation or tejec-
lion ;—And further, that if any such member take the ground
of desiring to prevent the rejection of any such documents or
proceedings in the last stage, he may suggest and bring about
a revision by the Town-clerk, antecedent to adoptiou by the
Dock Committee themselves.
"Now, although it is usual, and highly necessary, that a soli-
citor should have the power of consulting counsel upon any
question of law, and should even be under the obligation to do
so, if directed by his-client, although against his own convic-
tion of the necessity for it; vet, if a client make it a condition
with his solicitor, that he shall; whenever required, submit do-
cuments, proceedings, or advice, which he frames for or givesto
his client, to the revision of some ocher solicitor, much more, if
the being subject to such a power of revision be almost necessa-
rily inherent in the nature of his employment;-then it is my
decided opinion that, to a solicitor so circumstanced, there is
not allowed that 'independent course of action, without which
no professional man can carryon business iu a manner consist-
ent' with 'the duty he owes to himself. •• • •
-'lf I ato asked why, entertaining these views, I ever tinder-
took the appointment of Dock Solicitor, the only answer I have
to make in my own behalf is this;—that it did not necessarily
follow that the large powers, which lie hid in the veto-section
of the Dock Act of 6 Geo. 4. would be worked Out, in a way,
which would lead to the Dock Solicitor becoming. in fact, a
subsidiary officer to the Town-clerk ; and further I am bound
to admit, that not only at the time of my appointment did I not
see all the extraordinary consequences which may spring from
that power of veto, but that it is owing to recent circumstances,
and to the line,of conduct which certain members of your body
have thought it their duty to the council to pursue,. that I have
been led to consider, and to perceive (as I now do) in their full
force, all the important results to which that power may be
made to lead.—lt is not within my province to enter into this
subject more fully; and I wish to he considered as alluding to
those results, only so far as they affect the position of the Dock
Solicitor.
"Influenced by the foregoing considerations, I beg, most
respectfully to resign into the hands of the Dock Cotntnittee
the appointment they did me the high honour to confer upon
me; and to request that you will do me the fevour to communi-
cate Inv resignation to the committee.—l remain, sir, most res-
pectfully, gout faithful servant,