2
We think the distinction between goods imported by land and goods imported by sea cannot be supported, and we agree in the views expressed by Sir Edward Hertslet in his Memorandum of the 10th August 1880.
In our judgment, as a general principle, the only case in which such a distinction can be justified is in the case of frontier regulations between two States having a common boundary, respecting the interchange of local produce.
Assuming our view to be correct, we need only call attention to the most favoured nation clause in the German Treaty of the 30th May 1865 (see page 16 of P. P. C.-3735) as one, among others, upon which difficulty might well arise.
The Acts 20 of 1870, 22 of 1884, and 16 of 1857 must, we assume, be accepted as existing legislation, but we must note that it is exceedingly difficult to say what the effect of section 2 of the Act No. 39 of 1888 upon those Acts is. In our opinion, however, the principle of the provisions to which attention has been called should not be extended.
The paragraphs in Schedule B., numbered in red 1, 2, 3, 4, and the note numbered 5, and the series of asterisks to which the note refers, should be struck out.
The Right Hon. Lord Knutsford,
&c.
&c.
&&.
We have, &c..
(Signed) RICHARD E. WEBSTER.
EDWARD CLARKE.
3933.
No. 138A.
(QUEENSLAND.)
LAW OFFICERS to ADMIRALTY.
Minute.
THE "Gayundah," a gunboat belonging to the Colony of Queensland, was offered to the Admiralty for peace services, an Order in Council under section six of the Colonial Naval Defence Act, 1865, was made 24th June 1885, empowering the Admiralty to accept her services (see Australian, No. 110, page 59), and she was subsequently authorised by Admiralty warrant (under advice of the Law Officers, see 12,870/86). to fly the white ensign.
The Queensland Government having summarily dismissed Commander Wright, R.N., from the command of the vessel, he protested to the Admiral on the station, and the Lords of the Admiralty having referred the matter to the Law Officers, they have given the following opinion.
Opinion.
Under the Queensland Defence Act. (48 Victoria, No. 27) power is given to the Governor to disiniss any officer. The Colonial Defence Act of 1865 (28 Victoria, chapter 14), which enabled the Imperial Government to accept this ship, enacts (section 10) that nothing therein shall abridge any power vested in the Government of any Colony. This power is further expressed in Regulation 162, and the right, therefore, to dismiss Captain Wright at pleasure remained in the Governor, and could certainly be exercised by him while the " Gayundah" was in Queensland waters. Whether
such a power could be so exercised while the vessel is on active service with the Imperial fleet is a question which can scarcely ariso.
The liability of the officers and seamen to the Naval Discipline Acts, which undoubtedly exists, does not in any way affect the powers of the Governor.
The privilege of carrying the white ensign does not alter the position of the ship or her officers.
1
We express no opinion as to the action taken by the Colonial Government in effecting the removal of Captain Wright from the ship.
Royal Courts of Justice.
February 4, 1889.
(Signed)
RICHARD E. WEBSTER.
EDWARD CLARKE.
ALEXANDER STAVELEY HILL.'
57014.-10. 25-3/69.
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C.O.885
Reference :-
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