7853.
No. 652.
(WESTERN AUSTRALIA.)
LAW OFFICERS to COLONIAL OFFICE.
MY LORD,
Temple, July 21, 1870. We are honoured with your Lordship's commands, signified to us in Sir Frederic Rogers' letter of the 15th instant stating: lat. That he was directed by your Lordship to transmit to us a copy of a Despatch from the Governor of Western No. 57. Australia stating that he had summoned the Legislative Council to meet for the 28 April purpose of considering a petition from certain householders of that Colony praying for 1870. a change in the form of Government.
2nd. That it was probable that the desired change would be made, and the Governor desired in that case that in anticipation of the proposed law the Queen would be pleased at once to delegate to him the power of nominating non-elective members of the Council provisionally. And that Sir Frederic Rogers was desired to request that we would favour your Lordship with our opinion whether, under the enactments 5 & 6 Vict. c. 76. s. 12 and 13 & 14 Viot. c. 59. 8. 9. and s. 12 (line 9), the Queen could delegate to the Governor her power to nominate Members of Council before the law establishing the Council was passed; copies of the Acta in question
were annexed.
In obedience to your Lordship's commands we have the honour to
Report
That we are of opinion that Her Majesty has no such power as the Governor supposes until the law establishing the Council passes.
The Right Hon. the Earl of Kimberley,
&c.
&c.
&o.
We have, &o. (Signed)
R. P. COLLIER.
J. D. COLERIDGE.
0 14978.--452. 25,--5/86.
PUBLIC RECORD OFFICE
Reference :-
TLC.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE! BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO