32379.
PUBLIC RECORD OFFICE
SIR,
No. 102.
(QUEENSLAND.)
LAW OFFICERS TO COLONIAL OFFICE.
Royal Courts of Justice,
September 14, 1901. We were honoured with your commands signified in Mr. H. Bertram Cox's letter of the 30th ultimo, stating that he was directed by you to lay before us copies of two telegrams which had been received from the Officer Administering the Government of Queensland, and to request the favour of our Report upon the question raised therein.
That copies of the Queensland "Constitution Act of 1867" and "Governor's Salary Act of 1872" referred to in the telegrams were forwarded for our information.
That it would appear to be possible to take the view that section 17 of the former Act merely provided that the salaries of Judges must be paid without the Legislature having the power to refuse to vote them, or the Officials to refuse to pay them if not voted, and that, consequently, section 5 of the Act of 1872 provided one particular case, when the Chief Justice if administering the Government had his salary limited.
That it appeared, however, that the Officer Administering the Government of Queensland and his Ministers took the view that section 17 of the Constitution Act of 1867 formed a particular exception to the general rule laid down by section 5 of the Act of 1872, and that, Mr. Cox was therefore to request us to take those sections into our consideration and to report :-
1. Whether section 5 of the Act of 1872 constituted an exception to the general rule laid down by section 17 of the Constitution Act, or vice versû ?
2. What, upon their true construction, was the united effect of those two sections ? We have taken the matter into our consideration, and, in obedience to your commands, have the honour to
Report-
That in our opinion, upon the proper construction of the 17th section of the Act of 1867 and the 5th section of the Act of 1872, a Judge upon being appointed Acting. Governor is only entitled to be paid half his salary as a Judge in addition to one-half the salary of the Governor.
We think such person is the holder of another office within the meaning of section 5 of the Act of 1872, and, as he receives the half of the Governor's salary under that section, he cannot claim to receive his entire salary as a Judge.
We have, &c.,
R. B. FINLAY.
EDWARD CARSON,
The Right Honourable Joseph Chamberlain, M.P..
&c.,
&c.,
&c.
9948-25-9 1901 Wt 363 D&B
Reference :-
C.O. 8
885
15 PUBLIC RECORD OFFICE, LONDON
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