R
11668.
Annexure II.
Office of the Parliamentary Counsel,
ROYAL TITLES.
3. Whitehall Gardens, S.W.
I SEND three prints of a Bill to authorize an addition to the Royal style and titles. The Bill is drawn on the lines of "The Royal Titles Act, 1876" (39 and 40 Viet. e. recitals are shorter, and, in particular, the existing title is not recited.
SIR.
10), but the
The Bill authorizes an audition, but not an omission. It would, therefore, not authorize the mission of such words as Defender of the Faith."
In order to make it clear that the power is not to be exercisable from time to time, it is suggested that the power should be made exercisable within a limited time after the passing of the Act.
Of the alternative titles, perhaps the least eumbrous is that suggested by the Governor of the Cape. “King of Great Britain and Ireland, and of all British Possessions beyond the Seas, and Emperor of India." But all of them suggest the need of a “short title" for practical use.
March 20, 1901.
1
+
C. P. 1.
No. 81.
(CANADA.-NEW SOUTH WALES.)
LAW OFFICERS TO COLONIAL OFFICE.
Royal Courts of Justice,
30th March, 1901. We were honoured with your commande signified to us by Mr. Bertram Cox in his letter of the 25th instant, stating that he was directed to request the favour of our Report on the question of the proper construction of an Agreement entered into on 16th January, 1901, between the Government of New South Wales and the Eastern Telegraph Company.
That on the 16th February Lord Minto telegraphed to you to the effect that the Canadian Law Officers advised that under the above Agreement the Eastern Telegraph Company was entitled to require the Government of New South Wales to send all its controllable cable traffic by the Company, in which case there would remain practically no traffic from Australasia for the Pacific Cable.
That on the same day Sir W. Laurier cabled in similar terms to Lord Strathcona, who, on February 18th, left with you a Memorandum of points requiring consideration, a copy of which was transmitted with Mr. Bertram Cox's letter.
That on the 18th February the last three questions contained in the above Memorandum were cabled to the New South Wales Government, whose reply was received on February 25th. That copies of those cablegrams were enclosed.
That in the meantime, on 23rd February, the Canadian Government was asked by cable to state upon what provisions of the Agreement the Canadian Law Officers based their opinion as to its effects.
That their answer by cable on 26th February enumerated the following provisions
of the Agreement
*-
i. The recital defining “Australasian traffic."
ii. The ninth recital referring to the Pacific Cable project.
iii. Sections 15 and 16,
That the reply of the New South Wales Government above-mentioned was cabled to Lord Minto on 26th February.
That copies of the documents above referred to were transmitted with Mr. Bertram Cox's letter.
That as the matter was one of some urgency you would be glad to be advised at our earliest convenience upon the following points :-
(1.) Was the construction contended for by the Canadian Law Officers the proper construction of the Agreement to be deduced from the recitals and sections mentioned?
(2.) Could such a construction be supported on any other grounds than those relied upon by the Canadian Law Officers ?
(3.) Generally?
In obedience to your commands we have taken the papers into our consideration, and have the honour to
Report--
That we do not think that the Agreement is susceptible of the construction put upon
it by the Canadian Law Officers.
The Government of New South Wales nowhere undertakes to send all its messages
by this route, nor does the Agreement protect the Company against competition; on the
it recognises the possibility of competition.
contrary,
The Right Honourable Josephi Chamberlain, M.P.,
&c.,
&c.,
&c.
8788-25-4/1901 Wt
D & B
5
We have, &c.,
R. B. FINLAY. EDWARD CARSON.
PUBLIC RECORD OFFICE
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