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I do not see how the Ordinance No of 1867 for maintaining order and cleanliness, and which by §. 18 proposed to provide further measures for the ultimate suppression of Gambling and therefore authorized Regulations for the total suppression, in the meantime for the better limitation of Gambling, could be construed as authorizing the creation of a monopoly misdemeanour. I also suggested that what has now been done was then to be expressly prohibited.
When the Ordinance 21 Ja. 1. C3. was passed I had not the remotest idea that any such regulations could be or would be issued under it. His Excellency suggested to me that legally I ought not to make such suggestions in the Legislative Council on the Estimates containing the proceeds of the Licenses being for the first time brought before the Council because the question might judicially come before me.
I therefore abstained from doing so. Now however that Mr. Deane's statement intended for the Colonial Office has been brought to my notice I should be wanting in duty if I did not express my dissent from them.
It is stated that this Letter with its enclosures Appendix No.2, 1, 2, 4, 3 will be forwarded by His Excellency together with Mr. Deane's yearly Report on Crime to His Lordship the Secretary of State for the Colonies.
I have to
(Signed) John Smale
Chief Justice.