11186.
PUBLIC RECORD OFFICE
C.O.885
Reference :-
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO |
SIR.
No 210.
(NATAL.)
LAW OFFICERS TO COLONIAL OFFICE.
Royal Courts of Justice,
4th May, 1899.
We were honoured with your commands signified in Sir E. Wingfield's letter of the 28th ultimo stating that he was directed by you to transmit to us a despatch and enclosures received from the Governor of Natal raising a Constitutional question of some importance both to that Colony and to others enjoying responsible government.
That the facts of the case were clearly set out in the Governor's despatch and the confidential memorandum of the Attorney-General; and that they might be briefly summarised as follows:-
That on the 15th February last the Premier, Sir Henry Binns, who had previously informed the Governor that one of his Ministry-Mr. Johnstone-was about to resign the post of Minister of Agriculture, for private and not for political reasons, told the Governor that he intended to recommend Mr. Winter as Mr. Johnstone's successor, but that he was anxious that Mr. Johnstone should retain his sent in the Executive Council,
That the Governor, on the following day, addressed to the Premier a confidential letter stating that it seemed to him that he would be within his Instructions in allowing Mr. Johnstone, after resigning the post of Minister of Agriculture, to retain his seat in the Executive Council provided he did not retire from the Government, but that if his resignation involved his retirement from the Government he should resign his seat in the Executive Council at the same time. That that opinion was based by the Governor upon certain despatches from Lord Ripon, of which the material parts were set out in paragraphs 3-5 of the Governor's despatch. That the Governor added that it did not appear to him that he was precluded under the Local Constitution Act (No. 14 of 1893). from appointing, under Section VI. of the Letters Patent of 20th July, 1893, Executive Councillors who were not Ministers; but intimated that, before taking any official step in the matter, he would require from the Premier a definite official recommendation, and a reasoned opinion from the Attorney-General.
That a few hours later, in the circumstances detailed in paragraph 9 of the Governor's despatch, Mr. Johnstone tendered his resignation of the post of Minister of Agriculture, but not of his seat in the Executive Council; and that on an assurance from the Premier that he had discussed the matter with the Attorney-General, who had expressed the opinion that no difficulty would arise, and an undertaking that he should be furnished with this opinion in writing, the Governor accepted the resignation of Mr. Johnstone of his office as Minister, and swore in Mr. Winter as his successor,
That subsequently it was discovered that the Premier hul misunderstood the opinion verbally given by the Attorney-General, and that the latter had serious doubts whether the local Constitution Act did not preclude the retention of Mr. Johnstone as a member of the Government. a- appeared from his confidential memorandum above referred to,
That Sir E. Wingfield was to point out that a similar case occurred in Queensland in March, 1895, when Sir Thomas McIlwraith resigned the office of Secretary of Public Works, Mines and Railways, in the Queensland Ministry, but continued to be a member of the Executive Conneil without office.
That sir E. Wingfield was to request us to take the papers into our consideration,' and to favour you with our opinion upon the following points :-
1. Whether Mr. Johnstone, having resigned the office of Minister of Agriculture in the Natal Ministry, could retain his seat in the Executive Council of the Colony; and, if so,
2. Whether, not having resigned his seat in the Executive Council, he was still a member of the Government and. if so,
3. Whether, having regard to the Natal Constitution Act, 1893, and to the Letters Patent and Royal Instructions of 20th July, 1894, it was in accordance with constitutional practice that Mr. Johnstone should be summoned to attend meetings
4. Of the Exeentive t'ouncil, and
4. Of Ministers ?
1. Generally.
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