PUBLIC RECORD OFFICE
Reference :-
TC.O.885
16 PUBLIC RECORD OFFICE, LONDON
|ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
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had been engaged in the Raid, to wit, the British South Africa Police, remained from 1896 to 1909 under the direct control of the Crown through the High Commis- sioner. In 1909 at the request of the Company, the British South Africa Police was merged with the civil police forces of the country, and the definition of military police forces was altered accordingly by the Order in Council of 10th August, 1909, so as to leave the police forces under the direction of the Company in ordinary circumstances, but so as to revive the control of the High Commissioner in the event of the police or volunteer forces being called out for active service.
5. The expression in the Supplemental Charter that "nothing in the Principal Charter shall authorise the Company to establish or maintain any force of military police "appears to limit the powers and responsibilities of the Company only in so far as the principal Charter itself is concerned. It does not affect any further powers or responsibilities assigned to the Company by other instruments, and cannot be read as nullifying any provisions of the Order in Council of 1898, which is expressly stated (Art. 6 (2)) to confer powers in augmentation of those conferred by the Charter.
6. Article 48 of the Order in Council of 1898 contemplates the maintenance of military police forces in Southern Rhodesia, the expense of which, since the Com- mandant-General's salary is explicitly declared (Art. 48 (2)) to be payable out of money provided by Parliament, is, without exception, implied to be payable by the Company. It should be added that subsequently, by the Order in Council of 11th February, 1913, the Commandant's salary was declared to be payable by the Company
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The Company have, in fact, always accepted liability for paying for the police, although during the period between the Orders in Council of 1898 and 1909 the British South African Police was a military police force within the meaning of Article 48 (1) of the Order of 1898, and consequently in the same position as police and volunteer forces declared by the High Commissioner to be on active service under Art. 2 of the Order of 1909, It may be observed further that Art. 3 of the Order of 1909 contemplates the employment of the police forces of Southern Rhodesia outside the limits of the Order of 1898, without giving any directions with regard to the incidence of liability.
7. Copies of the papers of which mention is made in this reference are enclose.l. 8. I am to request you to take these matters into your consideration and report:
(i) Whether, as a matter of constitutional theory, you consider that there is any reason to question the accuracy of Mr. Bonar Law's view as to the primary responsi> bility of all Colonies and Protectorates to provide for their own defence:
(ii) If not, whether, in your opinion, there is anything in the instruments by which the position of the Company is regulated and defined to relieve them of such responsibility, or preclude them from employing their funds in its discharge.
9. I am to request the favour of your observations on these points at your early convenience.
I am, &c.,
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and the Company during the South African War was a fair one. As we under- stand, the claim of the Company is to be reimbursed for any extraordinary expenses incurred at the request, and under the authority, of the Imperial Government and we consider, whilst such a claim cannot be insisted upon as a matter of right, it is a fair arrangement for the Imperial Government and the Company.
Law Officers' Department,
25th August, 1915.
EDWARD CARSON,
F. E. SMITH.
H. W. JUST.
39321
REPORT.
(1) In the sense that all constituent parts of the Empire, as likewise all indi- viduals, are bound to provide for its defence we think the proposition laid down cannot be disputed.
We do not, however, think that this proposition really solves the controversy in the present case. If a Dependency is unable or unwilling to supply means for defence it is for the Imperial Government to consider whether in the interest of the Empire it will undertake such defence, more especially in a case when war is being waged by the whole Empire and not merely locally in the interest of any particular Dependency.
In all cases this must be a matter of policy for the Imperial Government and of friendly arrangement with any Dependency involved.
(2) We do not think the Company are debarred from employing any portion of their funds for protecting the territories they administer, but they are not bound to do so. We think the arrangement come to between the Imperial Government