maintaining that contract of
Service
to Mr
he in writing
The Governor appeals to Malley's opinion. Captain Thomsett appeals to this Philippo's
opinion
quoted in paras. 3 and 4 of Captain Thomselt's letter to Lord Kimberley does
not appear
to me
to
so para
& maintain that contract of Service must necessarily be in writing. Although it does maintain that
an
Emigrant who has borrowed money to pay his passage under
a promise to repay out of his wage, was
not fairly entered
into a contract
of
service. e.g.
an Emigrant who has borrowed money from A under promise
to repay it out of wages from B.
In the postscript to an opinion dated 30 July 1880 Mr O'Malley says that it will be seen that he disagrees with Mr Philippo,
But it is not clear to me
what Mr O'Malley's opinion is nor in what he disagrees with Mr Philippo. In opinion dated
25 June 1881 Mr O'Malley maintains that certain persons who borrowed money to pay their passages to Vancouver under a promise to repay it out of wages received there were not under contract of Service
Captain Thomsett, however, appears to consider himself called upon, under the Governor's interpretation of Mr O'Malley's opinion,
to recognise such
persons
as under contracts of service, and the final para. of the letter of 4 May 1880 written
to Captain Thomsett by the Governor's direction, seems like open to that inference
You
are
cited by the Governor appealing