12
97
Thomsett's approval (dated the 7th of October 1875) of the Emigration, was set aside, and the opinion of the Attorney General (dated 18th of October 1875) that "the men's answers disclosed the existence of a verbal contract of service" was acted upon. Mr. Administrator Austin's despatch No. 145 of the 25th of October, 1875, to the Earl of Carnarvon reports how the Administrator's extra caution had led to the discovery of the verbal contract, -a caution which Her Majesty's Government approved.
Although I entertain doubt as to the accuracy of the opinions given by Mr. Bramston and Mr. O'Malley that there may be a verbal as well as a written contract of service, I have referred Captain Thomsett's letter to the Attorney General for a report. Meanwhile, however, I do not delay this despatch as Captain Thomsett follows the new system which Mr. Keswick introduced of communicating with Your Lordship direct and thus, as it were, compelling the Governor to write by the earliest mail. On receiving Mr O'Malley's report I shall lay it before Your Lordship without delay.
13.
Captain Thomsett's letter mixes up the legal and administrative question at issue with some personal insinuations or complaints. But the only fault I am disposed to find with him on that score is the first injudicious step he allowed himself to take in accepting the advice