529
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
6
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE
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and not yet ascertained. With respect, therefore, both to the principles on which the South Australian Act is based and its equa! effectiveness, I do not think that it fulfils the conditions prescribed by section 444.
There is, of course, a good deal to be said from the Colonial point of view, and it has been very well said by the Premier of South Australia in his memorandum of 7th May, 1895, when pressing for the Royal Assent to the Act (m. 11,155, 1895). But in my opinion the Premier's arguments are not sufficiently strong to affect the conclusions already stated.
The South Australian Government have been repeatedly informed of the objection entertained by the Board of Trade to the power of modifying the tables being given to the Marine Board of South Australia, and in a letter of the 4th July, 1895, the Board of Trade expressly "called attention to the fact that the presence of that provision might give rise to some difficulty should application be hereafter made by the South "Australian Government for an Order in Council under section 444 of the Imperial "Act." That is the difficulty which has now arisen, and it must be added that it might easily have been obviated by a short enactment providing for the approval of the Board of Trade to the modifications made by the Marine Board.
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No doubt, apart from the legal question, a difficult point of policy arises when a self-governing Colony, legislating for vessels registered in its own possession, and to a great extent on the lines of the Imperial Act, applies for an Order in Council and gives through its Prime Minister a sort of pledge that the power of modification by the Marine Board shall not be misused. It is difficult to resist an appeal of this kind from a Colony having its own legislators, and instead of refusing it on legal grounds I venture to suggest that a counter appeal be made to the Colonial Government, founded on the larger considerations already stated, to suspend their application for an Order in Council in order that some general arrangement may be made with the Australian Colonies, and, when necessary, with other Colonies, for the preservation of uniformity in the rules for fixing the load-line for British ships.
That uniformity has even now been impaired by the provisions of the Victorian Act, under which the power of modification rests with the Marine Board, subject to the approval of the Governor in Council. A provision in the New Zealand Act of 1894, vesting that power in the minister," was altered at our instance by an Act of 1895 substituting the words "Board of Trade" for "minister." Further divergencies and confusion may yet be prevented by arrangement, and both the South Australian and Victorian Acts thereby brought into line with the amended New Zealand Act. The Order in Council desired by the former Colony could then be granted as a matter of
course.
I see that the importance of uniformity has been fully recognised by the Colonial authorities themselves. In a report by the Marine Board of 11th October, 1894, upon the Bill which has now become an Act, they state that "The conference of the Marine "Boards of the several Colonies recently held at Hobart under authority resolved, "with a view of promoting federal action in the several Colonies, that each Board "should recommend its respective Government to introduce legislation (on this Again, the South Australian Board remark, subject)' exactly on Imperial lines." "
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with reference to the Bill of 1894, in its then shape, "If the proposed Bill becomes law "there will be the anomaly of a vessel arriving from Great Britain loaded quite legally, but leaving here with a like draught quite illegally." In a report by the Shipwright Surveyor to the Marine Board on the same subject, he refers to the advan- tage of having an Order in Council providing for their marking being of equal value to those approved by the Board of Trade, and adds: "Then if it could be shown to the "satisfaction of the Marine Board that the ordinary winter freeboard is not enough, "the Marine Board could then approach the Board of Trade in the proper way and get a load-line for the Southern Ocean authorised which would apply to all vessels alike, and not to those from South Australia alone.'
**
It is precisely upon these lines that it seems highly expedient to proceed, but from which the South Australian Act has, at least temporarily, made an unfortunate departure in regard to the authority for modifying the tables. The necessity for modification must arise in order to adapt the tables to changes occurring from time to time in the construction of ships, and through the introduction of new types of vessels to which the load-line tables can, with difficulty, if at all, be applied. The Board of There may Trade have several times modified the tables on this and other grounds. be special types of South Australian vessels in respect of which modifications of the tables will be required. But these modifications on the one hand, and those already
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made by the Board of Trade on the other, ought to be subjected to the one imperative requirement of uniformity in the load-line tables, in order that, in the language of the Marine Board Surveyor, they may "apply to all vessels alike, and not to those from "South Australia alone." He recognises clearly enough that there is no difficulty in approaching the Board of Trade in the proper way and getting a load-line for the "Southern Ocean (or whatever it may be) authorised."
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I submit, therefore, that what is wanted is an arrangement by which the exercise of the power of the Marine Board of South Australia to modify the tables shall be subject to the approvai of the Board of Trade, or, better still, an arrangement by which all the Australian Colonies should first agree upon the modifications (if any) which are really necessary for any special types of vessels in Australia, and then submit them to the Board of Trade, to be embodied, if approved, in the Imperial load-line tables. A uniform standard might thus, in course of time, be applied to all British ships in accordance with the general spirit of merchant shipping legislation.
All that the South Australian Government would have to do in the meantime would be to pass an amending Act, simply adding the words " of Trade" to the word "Board at the end of sub-section 3 of section 4 of the South Australian Act.
October 31, 1896.
COLONIAL OFFICE to BOARD OF TRADE.
W. M.
(Confidential.) SIR,
Downing Street, May 20, 1897. WITH reference to the suggestion in the memorandum which accompanied your letter of the 20th of November, that an appeal should be made to the Colonial Government (of South Australia) to suspend their application for the issue of an Order in Council under section 444 of the Merchant Shipping Act, 1894, "in order that some general arrangement may be made with the Australian Colonies, and, when necessary, with other Colonies, for the preservation of uniformity in the rules for fixing the load-line for British ships," I am directed by Mr. Secretary Chamberlain to acquaint you, for the information of the Board of Trade, that he proposes to discuss this question with the Colonial Premiers during their presence in this country in connexion with the forthcoming celebrations.
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It appears to Mr. Chamberlain that the securing of the desired uniformity might be facilitated if it were possible to place experts nominated by the Colonial Governments on any committee of experts appointed to consider suggested or desired modifications of the load-line tables from time to time, as was done recently in the case of the Manning Committee.
It would, of course, be impossible to include representatives from all the self-governing Colonies, but one might be nominated by each of the three groups, North American, Australasian, and South African.
Mr. Chamberlain would be glad to be favoured with the observations of the Board of Trade on this suggestion, and with any further remarks they may have to offer on the general question, in view of the proposed discussion with the Colonial Premiers.
I am, &c.
JOHN BRAMSTON.
(Confidential.)
BOARD OF TRADE to COLONIAL OFFICE.
Board of Trade (Marine Department),
7, Whitehall Gardens, London, S.W.,
June 21, 1897. SIR,
WITH reference to your letter of the 20th ultimo, and to previous correspondence, with regard to the application of the load-line provisions of the Merchant Shipping Act to Colonial vessels, I am directed by the Board of Trade to state that they concur in Mr. Chamberlain's suggestion that the question might be discussed with the Colonial Premiers during their presence in this country in connection with the forthcoming celebrations, in order that, if possible, some general arrangement might be made for securing uniformity in fixing load-lines for British ships.
K 97837.
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