16303.
No. 146.
'' ' '
PUBLIC RECORD OFFICE
Reference :-
STB.
(SOUTH AFRICA.)
LAW OFFICERS TO COLONIAL OFFICE.
Royal Courts of Justice, 26th July, 1897.
We were honoured with your commands signified in Mr. Graham's letter of the 22nd instant, with reference to our Reports of the 4th January and the 8th February,* on
the subject of the suppression of the Critic newspaper by the Government of the South Tel. to African Republic, stating that he was directed to transmit to us copies of the telegrams II.C,No.2, noted in the margin which you had addressed to the High Commissioner, and a despatch Feb. 13. from Sir Alfred Milner containing the reply of the Government of the South African Tel. to Republic.
H. C., No. 3, Feb. 13.
That Mr. Graham was also to enclose an extract from the Johannesburg Star which, Tel. to like the Critic, was suspended by a mandate from the President under Section 5 of the H. C., 24 Press Law of 1896. That it would be seen that the President's mandate was held by the April. Court to be ultra rires, and that it was set aside.
That Mr. Graham was also to enclose the draft of a despatch which you proposed to
H. C., No. 464, 13 address to the High Commissioner, instructing him to make a demand for compensation Cutting, for Mr. Hess, and was to enquire whether in our opinion such a demand for compensation Star, 17 was justifiel, and if so whether we concurred in the terms of the proposed despatch.
In obedience to your commands we have the honour to
April.
Report-
That, in our opinion, the demand for compensation is justified, and we approve of the draft despatch initialled by us.
May.
We have. &c.,
The Right Hon. Joseph Chamberlain, M.P.,
dc.,
RICHARD E. WEBSTER, ROBERT B. FINLAY.
&c.,
tc.
DRAFT.
No.
C.O.
• 885
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
SIR,
South Africa.
Sir A. MILNER, G.C.M.G., K.C.B.
Downing Street,
July, 1897
}
I HAVE the honour to acknowledge the receipt of your despatch, No. 464, of the 18th of May, containing the reply of the Government of the South African Republic to the representations made to them by Her Majesty's Agent on behalf of Her Majesty's Government with regard to the suppression of the Critic newspaper. This reply, which is dated the 7th of May, or nearly three months after Mr. Green's protest, can scarcely be expected to furnish a satisfactory answer, inasmuch as it contains little more than an assertion that the President had the right to suppress the newspaper, and that his action- in the case was justified. I am at a loss to understand how the former plea can now be put forward in view of the judgment of the High Court of the South African Republic in the case of the Star, delivered on the 14th of April, in which it was laid down that the Law No. 20, of 1896, does not empower the President to suppress the publication of matter not already printed and published.
I
request that you will point out to the Government of the South African Republic that it is a necessary conclusion from the judgment in the case of the Star, that the President was not entitled to issue the order suppressing the Critic for six months, and' inform them that Her Majesty's Government are compelled to put forward a claim for compensation to Mr. Hess, the proprietor of that newspaper, for the losses he has suffered by the illegal interference with the carrying on of his business in accordance with Article XIV. of the London Convention. Her Majesty's Government will be content
to leave the amount of that compensation to be fixed by the High Court of the Republic, but the Government should be asked to pay any reasonable costs to be incurred by Mr. Hess in any proceedings before the Court for that purpose, the amount of such costs, if disputed, to be settled by the Court.
R. E. W.
I have, &c.
Nos. 121 and 128.
15151-25-12.07
Wi 20260 D&S D
K. B. F.