í
22,579.
PUBLIC RECORD OFFICE
Reference :-
C.O.885
13 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
MY LORD,
No. 131.
(BRITISH NEW GUINEA.)
LAW OFFICERS to COLONIAL OFFICE.
Instructions
Commission. To Bir A. Mus- KTAVA, No. 31,
Law Officers' Department, WE were honoured with your Lordship's commands, signified in Mr. Bramston's Letters Patont.
Royal Courts of Justice, November 14, 1888. letter of the 23rd ultimo, stating that, with reference to our Report of the 15th of May, Cler in Cool he was directed by your Lordship to transmit for our opinion a copy of two despatches from the late Governor of Queensland expressing doubts as to the validity of the instruments issued for regulating the Government of British New Guinea, as regards or No 10, the relations thereby constituted between the Administrator of that Possession and To Mr. McGre the Governor of Queensland.
June
To Mr. McGre 20 June.
gor, No. 11, 20 June. Bir A. MusTIVE British Now
land, Act (with
ril).
That Mr. Bramston was, at the same time, to transmit to us copies of the instruments N7 Aur. referred to, and of the British New Guinea, Queensland, Act, 1887, and also copies of Guines Queens the despatch addressed to the Governor of Queensland instructing him as to his re- Onter in Coun- lations with the Administrator of British New Guinea, and of two despatches to the ir A. Musgrave Administrator instructing him as to his relations with the Governor of Queensland.
That it appeared to your Lordship that the first three questions which Sir A. Musgrave
No. 77, Bept. 1. wished to be referred to us had already been practically considered by us in our Report of the 15th of May. That your Lordship would only observe, with reference to the first question, that you understood the words "authorise, empower, and command," in the second paragraph of the commission to Dr. McGregor, to be taken distributively, and that the word "command" would apply to the instructions under the Royal Sign Manual and Signet, while "authorise and empower" would apply not only to those instructions but to orders and instructions from the Governor of Queensland. That that paragraph must be construed with paragraph two of the instructions, where he was ordered to apply to the Governor of Queensland for instructions for “guidance.”
That the answer to the fourth question appeared to depend on the answers to the three preceding questions, but that your Lordship would be glad if we would favour you with any further observations which might occur to us upon those questions.
That with regard to the third question in particular, and to the views expressed by Sir Thomas McIlwraith in his letter to the Governor of the 31st August, your Lordship desired to be informed, whether looking to the doubts which have been expressed on the subject, we considered further Imperial legislation necessary, or desirable, in order to enable effect to be given to the Agreement embodied in the proposals set forth in the second schedule to the British New Guinea, Queensland, Act, 1887.
That should we be of opinion that such legislation should be resorted to your Lordship would feel obliged if we would indicate the lines on which it should proceed.
That Mr. Bramston was to add that your Lordship would be glad if we would favour you with our report upon the questions raised by Sir A. Musgrave at an early date, as the territory having been proclaimed to be part of Her Majesty's dominions, and the new administration having been established, it was desirable that any doubts as to the validity of the instruments affecting it should be finally settled without delay.
We have taken the papers into our consideration, and in obedience to your Lordship's commands, have the honour to
Report
That in our opinion it is not within Her Majesty's statutory authority under the British Settlements Act, 1887, to command the Administrator to obey the orders and instructions of the Governor of Queensland as if they were the orders of Her Majesty, and thus delegate Her authority to the Governor of another Possession.
We are unable to see in what way the Governor of Queensland would expose himself to legal penalties by giving directions to the Administrator of New Guinea, as in our opinion such directions would be ultra vires in the absence of any commission from Her Majesty giving to the Governor of Queensland authority to act in New Guinea and to control its Administrator, a commission which, in our judgment, could not lawfully be issued.
A 59950-37. 25—11/88.