94

Office

7.

as

a mere

farce. To

some

of those

representations Captain Thomsett ~ answered in words similar to what

to

he uses in the first report of his own : (dated 20th July, 1880) he now submits

to Your Lordship (Enclosure A Page 6) Kidnapped

cases can be stopped, but no others unless it can be proved

that a

written contract has been entered into!

But, on reading the opinion of Mr. O'Malley, the Attorney General, of the 30th July, 1880, (page 15 of Enclosures), Captain Thomsett assured me

would in future act upon

may be a contract

that there

"whether written.

that he

the

ruling

of

of service

of unwritten.

8.

That wound The context

C

8.

Recently, however, he

obtained legal advice, or, as he told me, himself, it had been volunteered to him unsolicited, to the effect that he had been right all along in believing that as Emigration Officer he was not bound to pass " as free Emigrants under

no contract of service whatever, all Emigrants with respect to whom it could not be proved to his satisfaction that they had actually signed written printed contracts.

#

9.

Though in his letter to Your Lordship, Captain Thomsett quotes the present Attorney General as saying in his opinion of the 30th of July 1880, "I do not

agree with Mr. Phillippo as to

not agree

" what

or

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