R
25381
PUBLIC RECORD OFFICE
Reference
C.O.885
No. 78.
(INTER-COLONIAL COUNCIL: TRANSVAAL AND ORANGE RIVER COLONY.)
LAW OFFICERS to COLONIAL OFFICE.
[Presidency of the Inter-Colonial Council, &c.: How to amend the Inter-Colonial Council Orders-in-Council.]
MY LORD,
Royal Courts of Justice,
July 16, 1907. We were honoured with Your Lordship's commands, signified in Mr. Just's letter of the 17th ultimo, stating that he was directed to request the favour of our report on certain questions which had arisen with respect to the Inter-Colonial Council having regard to the grant of Responsible Government to the Transvaal and Orange River Colonies.
That as we were aware Responsible Government was conferred upon the Trans- vaal by the Letters Patent of the 6th December, 1906, and would be conferred upon the Orange River Colony under Letters Patent of the 5th June, 1907. That the latter Letters Patent had not at the date of Mr. Just's letter been brought into force.
That it would be seen that the preservation for a limited period of the Inter- Colonial Council established under the Inter-Colonial (South Africa) Orders-in- Council 1903 to 1906 was provided for in those instruments.
That, the office of Lieutenant-Governor having ceased to exist in the Transvaal and being about to cease to exist in the Orange River Colony, it had become necessary to provide for the Presidency of the Council in the absence of the High Commis- sioner and Governor and for the definition of the term "High Commissioner and Governor in the future, as that expression in the Orders-in-Council means the High Commissioner and Governor of both the Transvaal and Orange River Colony, the office of Governor in both Colonies having been hitherto held by the same person, while in future there would be separate Governors for the two Colonies.
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That it would be seen that other alterations involving questions of policy in the Orders-in-Council might be necessary, e.g., alteration in the control of the rail- ways in the two Colonics which were put under the authority of the High Commis- sioner and Governor by Article V. of the Order-in-Council of 15th September, 1902, but that on this and other similar points Your Lordship did not, at present, propose to request our report but merely as to the power by Order-in-Council to provide for the presidency of the Inter-Colonial Council.
That Mr. Just was to explain that the proposed. Order-in-Council would make but little change in fact, as Lord Selborne, who was formerly High Commissioner and Governor of the Transvaal and Orange River Colony, remained High Commis- sioner and Governor of the Transvaal, and that Sir H. Goold-Adams, who was Lieutenant-Governor of the Orange River Colony, would become Governor of the Orange River Colony,
That Mr. Just was to enclose a draft Order-in-Council which had been prepared
to deal with the point.
That Your Lordship entertained some doubt whether His Majesty had power by Order-in-Council to provide, even with the assent of the Transvaal Ministers, which could be sought by telegram, for this alteration, having regard to the fact that Responsible Government had been fully established in the Transvaal and that Letters Patent had been issued though not (at the date of Mr. Just's letter) brought into force for its establishment in the Orange River Colony. That Mr. Just was to refer us on this point to the case of Campbell r. Hall, 2 Cowper's Reports.
That Your Lordship would be obliged if we would take these matters into our consideration and report :-
(1) Whether His Majesty had power by Order-in-Council to amend the Inter- Colonial Council Orders-in-Council notwithstanding the grant of Responsible Government (a) to the Transvaal, (b) to both the Transvaal and Orange River Colony?
(2) If not, could these alterations be effected by legislation in identical terms by the Legislatures of the Transvaal and Orange River Colony?
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