C. 0.
20305
180.
44
whatever about it. It is even unknown to the Chief Justice. If such an occurrence is found
to be correct is quite contrary to what is the intention of Her Majesty's Government, and I think it is only right that the case should be put forward. Theintention of Her Majesty's Govern. ment is clearly set forth in a despatch of Lord Rosebery to the German Vinister at the Eng- lish Court, in which the Agents of the Com- panies are requested to give all facilities to Custom House officers and officers of the law and not to exercise their privileges to defeat public justice or right. With regard to this case 1 should like to hear what the French or German Consul has to give as his reason for refusing. It seems to me to affect the conduct of the Consul, whoever he was. I have yet to hear of any real or practical de- triment suffered by the theoretical preference given to those ships. Of course if this case is true, and if the Consul who so acted is supported by his own Government, it will furnish a fact, and a very strong fact. If it is established that the Consul knew that the officer was a bailiff of the Court, the fact of his being there contrary to instructions would hardly affect the case, bocanse, if the facts are true, it is not likely the Consul knew that. If this fact is esta blished it is a case at point, but it is the very first which I have heard which gives any practical point to the theoretical preference. Of course the law says these steamers are to be considered as men-of-war, but the question is what does this really amount to, and is the in- convenience actually suffered such as to outweigh the ill-feeling that would be cansed between two great powers by withdrawing these privileges? That is the question. Of course it is a Colonies If that
strong Case that the Australian have never passed such measures.
is the case it is a point you can urge with some force that what they will not do this Colony is compelled to. I think in forwarding these objections to the Secretary of State it would be as well to mention some actual and practical loss that has been suffered by other steamers from this so-called immunity conferred by law. If they are to be subject to the or- dinary process of the Court, the so-called im- manity is worth little or nothing.
The COLONIAL SECRETARY-Surely the hon. member can get the time, name, and place in an Important case of the kind he mentions.
Bon. P. KYRIE-I heard it casually this morning. I do not know when it happened. Has it not born reported to the Government ?
The COLONIAL SECRETARY-Certainly not; 1 heard nothing of it till you mentioned it,
Hon. J. BELL-IRVING-I think the original privileges were only granted to Government packets, not to private ships carrying cargo.
Hon. P. RYRIE moved that the Bill be not read a second time at the present meeting.
His EXCELLENCY-As I have said before. I have no option in the matter. I have received no fresh instructions, and acting under the old ones I am bound as part of my duty to do my utmost to pass these Bills.
The question that the Bills be read a second time was then put and a division taken with the following result:-
AYES,
The Capt. Supt. of Police
The Surveyor-General
The Colonial Treasurer
The Attorney-General
The Colonial Secretary
The Acting Chief Justice
Noas.
Hon. H. Tayton Hon. J. Bell-Irving Hon. Wong Shing Hon. P. Byrie
Majority in favour of the second reading of the Bills-2.
The Bills were then read a second time, passed through Committee, read a third time and passed. His EXCELLENCY--I need hardly say that in consequence of the strong views that have been | expressed here, I shall take the very earliest op- portunity to forward any communication on the subject to Her Majesty's Secretary of State.
Oct.