No. 109.
(NATAL.)
LAW OFFICERS to COLONIAL OFFICE.
MY LORD,
Temple, 2nd September 1876. We were honoured with your Lordship's commands, signified in Mr. Male:Im's letter of the 31st May last, stating that he was directed by your Lordship to transmit
October
to us a copy of a Despatch from the Governor of Natal, with its enclosures, relative to No. 205,
question which had arisen in the Council of that Colony as to the power of the 16 Governor to appoint as nominee members persons in receipt of salary from the 1875. Government.
2. That he was also to enclose a copy of a Despatch which your Lordship addressed to Sir Henry Bulwer, with a copy of Sir Henry's reply, enclosing the report which the Attorney-General of Natal was directed to furnish of the grounds of his opinion that public officers could be elected to the Legislative Council, and sit in it as elected members, and consequently can, under the Amended Constitution Law, be nominated and sit as nominee members.
3. That a copy of the Natal Charter of 1856, to which the Attorney-General referred, was annexed to Sir Henry Bulwer's Despatch No. 71 of the 4th April, and Mr. Malcolm was to enclose a copy of the Constitution Amendment Law of 1875; and it would be observed that at the end of the 18th clause of the Charter the word "offer" is obviously a misprint for "office."
+. Mr. Malcolm was further pleased to state that he was to request that we would take the papers into our consideration, and favour your Lordship with our opinion whether the Governor has the power to appoint salaried officials as nominee members of the Council in excess of the prescribed number of five.
5. That though, in the absence of any great emergency, your Lordship thought that it would have been better to abstain from appointing a salaried person to one of the eight nominee seats, even if it were legal, your Lordship would be glad to find that the power to do so vested with the Governor, as circumstances might arise in which the Crown might be compelled to acquire the control of every vote that could be obtained, and in a very extreme case to dissolve the Council, and, if it were legal, appoint salaried persons to all the 13 nominee seats.
In obedience to your Lordship's commands we have taken this matter into our consideration, and have the honour to
Report
That in our opinion the Governor has the power to appoint salaried officials as nominee members of the Council, not exceeding the prescribed number of 13.
We have, &c.,
(Signed)
The Right Hon. the Earl of Carnarvon,
&c.
&c.
&c.
▲ 12916.-108. 25.-12/84.
JOHN HOLKER. HARDINGE S. GIFFARD.
PUBLIC RECORD OFFICE
Reference :-
TELL CO.
885
12 PUBLIC RECORD OFFICE, LONDON
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11,062.