2
offices appears clearly from the next sentence in which it is pointed out that individual Ministers may retain their offices and form part of a fresh Administration with another
Head.
The passage in Gladstone's Gleanings," 1, 243, is also inconsistent with the proposition for which it is cited. What is said is this, As a rule, the resignation of the first Minister, as removing the hond of cohesion of the Cabinet, has the effect of dissolving it.' This is of course the case. If the Prime Minister resigned there is a strong probability that the other Ministers may resign alse. But the terms of the passage just cited really exclude the idea that the resignation of the Prime Minister creates ipso facto, a vacancy in all other offices in the Ministry.
N ·
We have been unable to find any authority supporting the view taken in 1878 by Mr. Stockenstrom and Mr. Upington on this question (C. 2100, pages 33–37), and it appears to us to be inconsistent with principle.
We are therefore of opinion that after the death of a Prime Minister the other members of the Ministry can continue to discharge their functions as Ministers pending formal tender and acceptance of their individual resignations, and the appointment of a new Ministry.
We have, &c..
The Right Honourable Joseph Chamberlain, M.P.,
RICHARD. E. WEBSTER. ROBERT B. FINLAY.
&c..
&c..
&c.
21126.
SIR,
No. 224.
(JAMAICA.)
LAW OFFICERS to COLONIAL OFFICE.
Royal Courts of Justice, August 9, 1899. WE were honoured with your commands signified to us in Mr. Lucas's letter of the 28th ultimo, stating that he was directed by you to forward to us a copy of a protest by certain Elected Members of the Legislative Council of Jamaica which had been received through the Governor of the Colony against his ruling that the salaries of the Attorney-General and Solicitor-General were not subject to the vote of the Council.
That Mr. Lucas was also to enclose a copy of a Memorandum by the Attorney- General of Jamaica on whose advice the Governor's ruling was based, and copies of the Laws to which reference was made in the protest.
Mr. Lucas further stated that he was to observe that if, as the Elected Members contended, the intention of the Law 32 of 1897 had been to leave the salaries to be fixed by annual votes of the Legislative Council, the imposition of a maximum would appear to have been ultra rires as purporting to restrain the future action of the Legislative Council, whereas it was appropriate and necessary if the intention was to authorize the Governor to assign the salaries within the prescribed limit.
Finally, Mr. Lucas requested us to take the papers into our consideration and to favour you with our opinion as to whether the ruling of the Governor in the present instance was correct.
We have taken the papers into our consideration, and in obedience to have the honour to
Report-
That, in our opinion, the ruling of the Governor was not correct.
your
commands
The Act of 1895 is equivalent to charging the revenue with a definite salary of
£1.200, and this salary is not subject to discussion.
The Act of 1897 has not this effect. It merely provides that there shall be paid salaries not exceeding certain amounts. It does not give the Governor power to fix the amount, and charge the revenue with it.
While the Act of 1895 corresponds to a charge on the Consolidated Fund, it appears to us that the Act of 1897 corresponds to the form of enactment well known here, that there shall be paid out of moneys to be provided by Parliament a sum not exceeding
In the first case reductions cannot, in the second case they can, be moved. We therefore think that in Jamaica the salary of the Attorney-General, as regards
£
the excess over £1,200, and the whole salary of the Solicitor-General, are subject to the vote of the Council.
We have, &c.,
RICHARD E. WEBSTER,
1
The Right Honourable Joseph Chamberlain, M.P.,
&c.,
&c.,
&c.
9517-25--8,99 Wt 439 D & S
5
ROBERT B. FINLAY.
PUBLIC RECORD OFFICE
Reference :-
LTC.O.
885
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO