}
4705
PUBLIC RECORD OFFICE
سبانيليا
C.O.
Reference :-
.885
No. 61.
(TRANSVAAL.)
LAW OFFICERS to COLONIAL OFFICE.
[Eligibility of Members of the Volunteer Force and of the Railway Committee of the Inter-Colonial Council for election as Members of the Legislative Assembly.]
MY LORD,
Royal Courts of Justice,
February 6, 1907. We were honoured by Your Lordship's commands signified to us by Mr. Lucas in his letter of the 1st instant, stating that he was directed by Your Lordship to request our report on the questions raised by the Governor of the Transvaal whether:--
(1) Members of the Volunteer Force in the Colony,
(2) Members of the Railway Committee of the Inter-Colonial Council, were eligible for election as members of the Legislative Assembly of the Colony,
That volunteers were enrolled under Regulations framed in virtue of the powers conferred on the Lieutenant-Governor by Section 10 of the Ordinance, No. 37, of 1904.
That the Railway Committee of the Inter-Colonial Council was established under Section 14 of the Inter-Colonial Council Order in Council of the 20th May, 1903. which was modified by Section 1 of the Order in Council of the 21st April, 1904, and Section 8 of the Order in Council of the 10th May, 1905.
That the disqualification for election to the Legislative Assembly of persons holding an office of profit under the Crown was contained in Section 18 of the Letters Patent of the 6th December, 1906, relating to the Constitution of the Transvaal, and that the powers under which the Governor suggested the removal by Proclamation of disqualification, should it be found to attach to volunteers and members of the Railway Committee, were those conferred upon him by Section 62.
That with regard to this point he was to enclose a copy of a telegram on which the Lord Chancellor had expressed the following opinion: "I do not think such changes could be made under the powers of Section 62 consistently with the spirit of that section, which was intended merely to afford, if needed, a remedy for some oversight or accidental error. The changes proposed are of substance, though I
'do not myself think there is anything really needing amendment. We must assume the Constitution will be worked reasonably."
That he was to add that the date of nomination of candidates for the Assembly was the 9th, and of election, the 20th instant.
We have taken the matter into our consideration, and, in obedience to Your Lordship's commands, have the honour to
Report-
That in our opinion members of the Volunteer Force in the Transvaal Colony holding Commissions in such Force are holders of offices of contingent profit, and, therefore, of profit under the Crown within the meaning of Section 18 of the Trans- vaal Constitution, 1906, and are, therefore, disqualified from being elected as members of the Legislative Assembly. We think those volunteers who do not hold commis- sions are not disqualified.
2. We think that members of the Railway Committee of the Inter-Colonial Council are holders of offices of profit under the Crown, and are, therefore, dis- qualified.
3. Having regard to Clause 49 of the Letters Patent, we think that as to the Inter-Colonial Council the removal of the disqualification by Proclamation is within Section 62 of the Letters Patent.
25 Wt 1619 2,07 D&S
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