337
PUBLIC RECORD OFFICE
Reference :-
C.O.882/11
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC.
COPYRIGHT PHOTOGRAPH-NOT TO
SIR,
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2. Copy of a letter from the Honorary Secretary, Panadura Maha Jana Sabha. 3. Copy of a letter (with enclosure) from the Secretary of a meeting of Indians
resident in Uva held on the 16th September, 1928.
4. Copy of a letter from the Honorary Secretary, Dumbara Malia Jana Sabha.
5. Memorial addressed to you by Mr. S. P. de Silva and others representing
the Nekathi Community.
6. Copy of a letter (with enclosure) from the Secretary, Indian Association,
Kandy.
7. Copy of a letter from the President, European Association of Ceylon. S. Copy of a letter from the Secretary, Planters' Association of Ceylon, together
with copies of the annexure thereto.
9. Copy of a letter from the Chairman, Ceylon Chamber of Commerce.
I have. &c.,
H. J. STANLEY,
Governor.
Enclosure 7 in No 22.
The European Association of Ceylon,
52, Baillie Street, Colombo, 28th September, 1928.
Is the belief that the Secretary of State for the Colonies wishes to have criticisms and suggestions on the Report of the Commission appointed to enquire into the reform of the Constitution we have, the honour, on behalf of the Council of the European Association of Ceylon, to submit certain remarks with the request that they may be forwarded to him.
2. While we do not wish it to be understood that we unanimously endorse the principles upon which the recommendations of the Commission appear to be based we are ready to support them to the best of our ability, and devoutly hope that the country will prove worthy of them.
3. The several points which we desire to bring to Your Excellency's notice may be divided into three parts:-first, those of which we ask an explanation; second, those on which we should be glad of an assurance at least an assurance that our comments will receive earnest consideration; third, those which, in opposition to local criticism, we wish heartily to support.
4. Under the first head we would begin by asking for an elucidation of the five years' residence rule as set forth on page 87 of the Report, which seems capable of more than one interpretation. In this connection we would state that our Council considers that the period of residence for voters should be reduced from five years to one, for this reason amongst others; that many men of prolonged Eastern experience would, with some show of injustice, be ineligible to be placed on the register although their views would be of considerable weight. But our Council thinks that candidates for a seat in the Legislative, or State, Council should have resided five years in the Island.
Next we would enquire whether, under these proposals, nominated members of the Council of State would in all respects be equal in status to elected members; and, in particular, whether they would be eligible for ministerial rank. The proposals are doubtful on this point, but th esummary on page 149, paragraph 2, distinctly states that the seven ininisters would be elected members of Council. We submit that the elucidation of this matter is of great importance, and it is our opinion that nominated members should rank with elected members.
5. The subjects on which we differ from the Commission, besides the residential qualification mentioned above, are as follows:-
(a) We note that Ports and Harbours are allotted to the Minister of Communica- tions. It is the unanimous opinion of the Council that the Ports of Colombo and Trincomalie should be excepted from this proviso. It appears to us that both these Ports are of Imperial importance and should be under the Chief Secretary.
(b) The Council views with apprehension the proposal to give the Police to the Minister for Home Affairs, and is not convinced by the reason given by the Com- missioners for so doing. The Commissioners admit that the Police are part of the defence of the Island, and the Council agrees. But we wish to point out that this force is the only armed body available immediately, should necessity arise; and we
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therefore feel very strongly that in the absence of an Imperiai regiment the Police should be kept under the Chief Secretary.
(c) We would urge that the Colonial Auditor, although reporting to the Council of State, should not be responsible to it in any way, but to the Secretary of State for the Colonies as obtains at present.
6. Under the third head, in view of criticism by local political bodies we wish to state that we are absolutely in accord with the Commission's proposals on the following points:-
(a) We think that the Committee system, as suggested, is of the essence of the scheme, which we have accepted in principle; any attempt, therefore, to eliminate it without at the same time rejecting the recommendations as a whole seems to us to involve a contradiction in terms, and to lay those who advocate it open to the charge of political frivolity. We are confident that such views will be disregarded by the Imperial Parliament.
(b) From much the same parties comes a resolution that the new powers of the Governor should be curtailed. We are definitely opposed to this. In our view these powers-which must necessarily exist somewhere in every constitution dependent upon British models have been vested in the Chief Executive in default of any pro- vision for a second or revising House; and the reason given by the Commissioners, on page 72 of the Report, for their recommendations in this respect seem to us to be absolutely conclusive. It does not seem to be well enough understood by local politicians that these powers are reserre powers, and that the exercise of them depends upon whether the democratic powers given to the State Council are used in a democratic spirit.
(e) In regard to the removal of the l'ublic Services from the caprices of a popular assembly, we fully agree with the remarks set out on page 125, &c., of the Report. It appears to us quite essential both for the good administration of the Colony and for the well-being of its industries, which in the last resort depend upon good adminis- tration, that it should be assured of a contented Public Service. We have not been able to discover any reputable Government in which the Public Services-so far as patronage, appointments, and discipline are concerned--are dependent upon the legis- lature; and as regards salaries, though we feel that when it comes to the point of voting, Public Servants may be fairly treated, we are not encouraged to place much reliance on the goodwill of a Council, a member of which, only the other day, proposed the elimination of the whole pay of a Ilead of Department.
(d) We note an endeavour to emasculate the Commission's proposal for universal manhood suffrage in the suggestion that, for the purposes of the franchise, the population should be divided into Ceylonese and non-Ceylonese; and that the former should be given preferential treatment over the latter. This also strikes at the root principles underlying the Report, and we should be ready to condemn it on this account alone. But when we realise that it is a rather clumsy attempt to hit the Indian immi- grant labourer through us, we are confirmed in our opposition. It seems to us that nobody deserves more from Ceylon than the man whose labours have brought so umen prosperity to it. As a worker who is accustomed to find regular employment in this Island, he is directly concerned if the prospects of that employment should be curtailed through any action or inaction on the part of the Central Government. It would seem that the Commissioners have recommended the enfranchisement of the Indian labourer on equal terms with the rest of the population because they regard him as an integral factor in the life of the community. With this position we wholly agree, and feel that, if there were any likelihood of the alteration of the Commissioners' proposals in this respect, we should have to reconsider our attitude towards the franchise suggestions as a whole.
7. There still remain two other matters of general interest which we feel it our duty to bring to Your Excellency's notice.
The first is a consideration of the expense involved if the proposals of the Com mission are adopted. We are quite aware that it was not part of the terms of reference to consider this matter, and equally we wish it to be clearly understood that we do not raise the question as in any way a bar to the acceptance of the recommendations. But there is no doubt that the necessary expenditure on salaries, housing and stalling of Ministries, registration of voters, anticipated pensions and compensation-money, &c., will mean a fresh strain upon a revenue which we fear cannot be regarded as anything better than stationary for the next year or so.
The next is a matter upon which we address Your, Excellency with some diffidence as it relates to the proposed functions of the Governor.