PUBLIC RECORD OFFICE
Reference :-
LC.O.885
21 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH—NOT TO
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in the best managed estates, prosecutions even now are seldom resorted to, and that in Fiji, where the prosecution of deserters is optional, the percentage of desertions is less than in Trinidad where prosecution is obligatory. We would observe, how- ever, in connection with this important question of the reduction of the number of prosecutions under the labour laws, that our present expression of opinion cannot be regarded as final, and that we propose to make this matter one of the points for investigation by the officer whom we shall shortly depute to the Colonies.
We
4. The next point for consideration is in regard to arrest without warrant in the West Indian Colonies of labourers found without a pass outside the limits of estates in which they are employed. The law on the subject has been amended in British Guiana, although the amendment, it may be observed, does not go as far as the recommendation made by Lord Sanderson's Committee in paragraphs 231 and 293 of their report. In Trinidad it is considered unnecessary to amend the law. We should have been glad to have seen the total abolition of the system, but we recognise the difficulties in which the Colonies find themselves in this matter. consider that the amendment of the law in British Guiana is a distinct step in the right direction inasmuch as the law, as amended, provides for arrest without warrant only in cases where the police constable has reasonable cause to suspect that the coolie is absent from his plantation without leave, and permits of the immigrant being taken to a police station only if he is arrested in the night. As regards Trinidad, we cannot accept the present state of the law as satisfactory. The law, as it stands, has several objectionable features which do not appear in the British Guiana Ordinance. It permits arrest by the employer of the immigrant, or by his manager or overseer, as well by a police constable; it permits of an immigrant being stopped and asked to produce his ticket of leave if he is merely found on a public highway or on any land other than his employer's; and if he fails to produce such ticket of leave, it authorises his being taken to the nearest police station and brought before a stipendiary Justice of the Peace, instead of, as in British Guiana, being taken to the Immigration Agent General or Immigration Agent. We have no desire to throw doubt on the statement of the Protector of Immigrants that these provisions have not acted harshly in practice; but there can be no question as to their being open to grave objection "in themselves; and we consider that the Colonial Government would be well advised, if they cannot abolish arrest without warrant altogether, at least to substitute for the existing law the provisions of the amended British Guiana Ordinance. We would suggest that the attention of the Colonial Governments might be drawn to the case of Assam, where the power of arrest con- ferred on employers by sections 195-196 of the Assam Labour and Emigration Act has been withdrawn. The reason for the withdrawal was that the Committee appointed in 1906 to enquire into the working of the Act reported that abuses had grown up in connection with the exercise of the power, and that its rigid enforce- ment had done much to contribute to the dislike of Assam in the recruiting districts.
5. We observe that the Governments of British Guiana and Trinidad will adopt the suggestion made by Lord Sanderson's Committee in paragraph 56 of their report for the despatch to the Protector of Emigrants in India of nominal rolls showing the distribution of labourers. We shall be glad to know whether it is proposed to adopt the same procedure in Fiji and Jamaica. information, we shall make it known, as promised in paragraph 12 of our despatch, On receipt of this No. 30, dated the 25th May, 1911, that enquiries regarding emigrants can be made at the office of the Protector of Emigrants.
6. In paragraph 413 of their report, Lord Sanderson's Committee suggested that the question should be considered of cancelling the provision of Section 13 of the Jamaica Immigration Act, 1891, which requires the payment by the estates to the Immigration Fund of a tax of one shilling a week for each labourer employed during the five years succeeding the expiration of his first five years of indenture. The Colonial Government is of opinion that there is no necessity to alter the law as no complaints against it have been received. In view of this opinion and of the fact recorded in the report of the Committee that a large number of free Indians are employed in the Colony, we have no objection to the law remaining unaltered in this respect.
7. Finally, we observe with satisfaction that the request made by the Fiji Government for the relief of the Colony from the burden of meeting the entire cost
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of repatriation of Indian immigrants has not been accepted by the Colonial Office. We desire to acknowledge the action taken by Mr. Harcourt in this matter.
We have, &c.,
O'MOORE Creagh. HARCOURT BUTLER. SAIYID ALI IMAM.
R. H. CRADDOCK.
The Most Honourable the Marquess of Crewe, K.G.,
His Majesty's Secretary of State for India.
28307
SIR,
No. 70.
COLONIAL OFFICE to INDIA OFFICE.
*
[Answered by No. 77.]
Downing Street, 26 September, 1912.
I AM directed by Mr. Secretary Harcourt to acknowledge the receipt of your letter of the 6th instant, respecting the proposed alteration of the form of contract for East Indian labourers recruited under indenture for the Colonies.
2. Mr. Harcourt notes that Mr. J. McNeill has been selected to visit the three West Indian Colonies and Fiji, which are concerned in this matter, and he presumes that the name of the Indian gentleman who is to accompany him, and also the dates of their proposed visits, will be communicated to this Department as soon as it is possible to do so.
3. In the meantime, a copy of your letter is being communicated to the Colonies above mentioned.
28307
No. 71.
I am, &c.,
HENRY LAMBERT, for the Under-Secretary of State.
COLONIAL OFFICE to THE GOVERNMENT EMIGRATION AGENT AT CALCUTTA FOR BRITISH GUIANA AND TO MR. MARSDEN. SIR,
WITH reference to my letter of the 15th ultimo, I am directed by Mr. Secretary
Downing Street, 30 September, 1912. Harcourt to transmit, for your information, a copy of a letter* from the India Office, with regard to the proposed alteration of the form of contract for East Indian labourers recruited under indenture for the Colonies, and the contemplated visit to British Guiana, Trinidad, Jamaica, and Fiji of an officer of the Indian Civil Service and a non-official Indian gentleman.
30820
(No. 244.)
No. 72.
FIJI.
I am, &c.,
HENRY LAMBERT,
for the Under-Secretary of State.
THE GOVERNOR to THE SECRETARY OF STATE.
(Received 1 October, 1912.)
[Answered by No. 75.]
Government House,
SIR,
I HAVE the honour to inform you that I have received from the Fiji Emigration
Suva, Fiji, 3rd September, 1912. Agent at Calcutta a copy of this letter of 19th June last,‡ addressed to the Under-
No. 66,
† Nos. [63] [62].
‡ No. 55.