345
PUBLIC RECORD OFFICE
Reference :-
C.O.882/11
|ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
PUBLIC RECORD OFFICE, LONDON |
U
E
24
General are of opinion that the Court would probably hold against Mr. Jayatilaka in view of the fact that the law which will govern the case will be the Roman-Dutch law according to which a contract is construed rather broadly and not on the narrow lines on which it is interpreted in the English law.
9. It will be seen from the annexure marked (B) that the Government was determined to entrust the work to Mr. Jayatilaka and that the Royal Asiatic Society (Ceylon Branch) has been brought in merely as an agent for the purpose of rendering Mr. Jayatilaka immune under section XVII of the Order in Council. All the money for the enterprise is furnished by the Government and the Government is consulted at every turn as regards each detail that arises during the course of the work. It is, therefore, difficult to resist the conclusion that the Royal Asiatic Society (Ceylon Branch) is really in the position of an agent.
10. The defence of Mr. Jayatilaka from the point of view that even if there is a contract with the Government of the Island the contract is not one “for or on account of the public service" is more hopeful. In this connection reference is invited to the end of paragraph 2 of the annexure marked (B). The copyright of the Dictionary when printed will undoubtedly vest in the Government and not in the Royal Asiatic Society Ceylon Branch), and the money obtained from the sale of the Dictionary will be paid into the Government Revenue. Even if the contract is not one "for or on account of the public service " think the Government is under a moral obligation to indemnify Mr. Jayatilaka from the consequences of what has already happened and to save him from the risk of the pending action. As I have already stated an action has been filed and subject to the payment of costs this action should be included in whatever steps are taken to indemnify Mr. Jayatilaka.
11. The Legal Draftsman of the Colony under the direction of the Acting Attorney-General has drafted certain draft amending Orders in Council* which are attached for your consideration. These drafts, you will notice, make provision also for the future employment of Mr. Jayatilaka and for the continued sitting of Crown Proctors and Crown Advocates in the Legislative Council. The general feeling of the Executive Council, when the drafts were submitted to it, was one of no great liking for them. No preferable alternative, however, was suggested. There was complete agree- ment that, if Mr. Javatilaka had become liable to pains and penalties the Government was under a moral obligation to indemnify him in respect of what had happened and, if at all possible, to enable him to complete his work on the Dictionary. If such comple- tion of that work involved the resignation of his Seat, and if, as would be far from improbable, he elected for his Seat rather than for the Dictionary, the whole under- taking with regard to the Dictionary would be likely to break down. There is, I think, a similar obligation to indemnify Crown Proctors and Crown Advocates in respect of the past (if the need for indemnification cannot be avoided by a decision under section LXVI), and it would seem reasonable to enable them to continue to sit in the Legislature so long at any rate as the present Constitution remains in force. In all these circum- stances the Executive Council was of opinion that our best course would be to explain the difficulty to you and to seek your advice and assistance in contriving a method of escape from it with the least possible delay.
C. 53429/28/6 [No. 1].
No. 9.
I am, &c..
H. J. STANLEY,
THE GOVERNOR to THE SECRETARY OF STATE (Received 3.50 p.m., 10th September, 1928.) TELEGRAM.
Governor.
10TH SEPTEMBER. I have been requested by President of the Maddyama Lanka Mahajana Sangamaya, a Kandyan organisation, to transmit following telegram to you. Begins: Kindly convey to His Majesty the King that the Maddyama Lanka Mahajana Sangamaya, which represents vast majority of Kandyan Sinhalese in Ceylon, agrees with decision expressed by Ceylon National Congress with regard to reform proposed by Royal Commission. This Sabba begs to state that Kandyan National Assembly, which represents small minority, has no authority to speak on behalf of Kandyan people.-Ends.-STANLEY.
* Not printed.
C. 53429/28/7 [No. 1.]
SIR,
25
No. 10.'
THE GOVERNOR to THE SECRETARY OF STATE. (Received 24th September, 1928.)
(Confidential.)
Queen's House. Colombo, 29th August, 1928 In view of several passages in the Report of the Special Commission on the Constitution of Ceylon* which appear to imply adverse criticism of the policy pursued by the local Government in its relations with the Legislative Council as remodelled and enlarged by the Reforms of 1924, I have thought it desirable to obtain the observations of the Colonial Secretary upon those criticisms in so far as they relate to matters which came within his cognizance prior to my assumption of office here in August, 1927. I have the honour to enclose, for your information, a copy of a confidential minute which I addressed to Mr. Fletcher on the 22nd August, and of a memorandum which he has furnished in compliance with my suggestion.
2. I propose in the near future to submit to you my own observations in regard to the Commission's Report, and though I shall endeavour to direct my remarks rather to the constructive recommendations of the Report than to its references to past events which might be regarded as side-issues, I shall inevitably feel constrained, to say something in elucidation of the attitude of my predecessor and myself and in correction of certain misapprehensions of the facts. In the meantime, however, I may perhaps be permitted to express, in the light of such experience as I have gained since my arrival in this Island, my general agreement with the contents of Mr. Fletcher's memorandum.
3. I feel confident that Sir Hugh Clifford, if he were afforded an opportunity of commenting upon the memorandum, would accept it as substantially a correct re- presentation of his policy during his administration of Ceylon, but he is now in England and therefore readily available for direct consultation by you.
I have, &c.,
(Confidential.)
MR. FLETCHER,
Enclosure 1 in No. 10.
MINUTE.
HI. J. STANLEY,
Governor.
THE Report of Lord Donoughmore's Commission contains certain passages which imply adverse criticism of the policy and attitude adopted by the local Govern- ment towards the present Legislative Council. Some of those criticisms seem to involve questions which may be open to differences of opinion. Others appear to be based upon a misconception of the facts. However that may be, the policy and the attitude criticized were adopted under Sir Hugh Clifford's régime, and although I may have something to say in regard to some of the criticisms when I write to the Secretary of State about the Report, I think it desirable to afford you an opportunity of sub- mitting your own observations upon the Commissioners' criticisms in so far as they relate to matters which came within the purview of your cognizance prior to my arrival in Ceylon.
If you will be so good as to furnish me with a memorandum, I would propose to forward it confidentially to the Secretary of State. 22nd August, 1928.
Enclosure 2 in No. 10.
H. J. S.
MEMORANDUM UPON CERTAIN PASSAGES IN THE REPORT of the SPECIAL COMMISSION ON THE CONSTITUTION.
IN the passages, which are quoted at the end of this memorandum, the Com- missioners criticise the methods by which the Government has endeavoured to promote the efficient working of the present Constitution, and they suggest that there has been
Cmd. 3131.