22
^
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
15 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
contract
now
subject to the rights in them acquired by other persons and to refuse to recognise the would amount to confiscation of the private property of If, on the other hand, all Messrs. Fleming without any adequate justification. interest in the lands passed to Messrs. Fleming before the date of the Order.in Council then to decline to recognise their title would be to confiscate their property without reason. I am therefore of opinion that the Government cannot dow decline to recognise the contract, and you should give instructions for a new lease for the remainder of the term to be prepared embodying all the conditions of the old lease or if the title of Messrs. Fleming is complete allow them to take possession of the
I have, &c., land under the terms of the original grant.
High Commissioner
The Right Honourable Viscount Milner, G.C.B., G.C.M.G.
:
R. B. F. E. C.
23553
28833
No. 192.
(TRINIDAD.)
LAW OFFICERS to COLONIAL OFFICE.
[Right of the Governor to exclude the public from the proceedings of the Legislative Council.]
Royal Courts of Justice,
SIR,
June, 1903. We were honoured with your commands, signified to us by Mr. Lucas in his letter of the 11th instant, stating that he was directed by you to request our report upon certain questions which had arisen with regard to the right of the Governor to exclude the public from the proceedings of the Legislative Council in Trinidad. That the Legislative Council was constituted under Letters Patent and Instructions dated the 1st October, 1880, and certain additional Instructions. That under the provisions of Article 20 of the Instructions of the 1st October, 1880, the Governor had power to make Standing Orders.
That the meetings of the Legislative Council had ordinarily been open to the public without restriction, pursuant to Rule IV. of the Standing Rules and Orders. That at the meeting of the Legislative Council held on the 16th of March, 1903, the business of the Council was interrupted and its business finally prevented altogether by noise, interruptions, and cheering, pro- ceeding from a great crowd, which so far filled the Council Chamber and the passages about it as to physically infringe upon a portion of the space occupied by Members of the Council, there being no structural division between the portion of the Chamber occupied by Members of the Council and that usually occupied by members of the public. That in consequence of the disorder the Governor, who was President of the Council, was compelled to adjourn the Council until the 23rd of That on the 20th of March, 1903, the Governor made an Order which he directed to be published, and was in the following terms:-
March, 1903.
"Public notice is hereby given that in consequence of the limited accommoda- tion of the Council Chamber and the great inconvenience caused when the members of the public are anxious to attend debates, admission to those parts of the Chamber not appropriated to the use of the members will in future be given by tickets only, in accordance with the practice of the Imperial Parliament.
"Tickets will be issued to applicants to the extent of the available sitting accommodation, and no further, in the order of the application, at the office of the Clerk of the Legislative Council.
"Persons availing themselves of these tickets are required to take their seats before the commencement of the proceedings of the Council, and to remain seated throughout the debates in perfect silence, subject to the power of the President of the Council at any time to order strangers to withdraw.
"Tickets must be given up to the doorkeeper on entrance.
C
Special arrangements will be made for the Press."
That the Acting Chief Justice and the Law Officers of the Colony advised the Governor that the Order was a legal one. That the Legislative Council were not consulted about the Order and did not approve or disapprove of it.
That on the 23rd of March (the space available for the public being about one quarter full) a large number of members of the public presented themselves at the entrance to the Council Chamber and claimed admission as of right. That they were offered tickets and refused them. That a scuffle followed between these persons and the police who were guarding the entrance.
That a question had arisen whether the Order of the Governor and the conse- quent refusal to admit persons without tickets were legal. That it had been suggested on the one side that the Governor had no jurisdiction either as Governor or as President of the Council, or otherwise, to make the Order. That on the other hand the legality of the Order had been defended on several grounds. That on the question being raised at the meeting of the Council on the 23rd of March, the Governor said that in consequence of the impossibility of carrying on the proceedings
23 WC 661
6 73 D&S
15059