PUBLIC RECORD OFFICE
Reference -
8855 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
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superannuation allowance (in the Minute called non-effective pay) in respect of civil services in England, should enter the service of a Colonial Government, and receive a salary paid from Colonial funds, their Lordships would hold themselves precluded by the terms of the Act 35 Vict. cap. 12. from allowing such officer to draw superannuation allowance to a greater extent than is specified in section 20 of the Act 4 and 5 Will. 4. cap. 24. in respect of the civil service in England.
Lord Granville also understands that it is not considered by their Lordships that the question is affected by the Superannuation Act of 1859, or any other Act except those above referred to.
And I am to ask whether their Lordships would consider it necessary to continue this restriction
retired civil servants if retired officers of the army and navy are freed upon from a similar liability to diminution of their retired pay. The instances in which retired civil servants could take service under Colonial Governments are naturally infrequent, and the restriction might lead to anomalous results. For instance, a civil servant might be obliged to leave the home service on the ground of ill-health, and yet be able to earn a livelihood by similar work in the better climate of an Australian Colony. Such an officer would be entitled to enter the service of a Colonial bank, or other private employer, and to retain the whole of his superannuation allowance; but if he changed his employer and entered the Government service of the Colony, he would be deprived of the whole or a portion of that allowance. Or he might join the clerical staff of a contractor engaged in constructing railway or other works for the Government; but if the Government for any reason were obliged to take over the works from the contractor and carry them on for themselves, and wished to retain the clerical staff, such an officer would be unable to continue doing the same work which he was already engaged in except under the penalty of losing the whole or a portion of his superannuation allowance. A system which lends itself to anomalies of this nature appears to be not altogether sound.
The Secretary to the Treasury.
I am, &c., (Signed)
No. 10.
ROBERT G. W. HERBERT.
GOVERNOR SIR A. MUSGRAVE, G.C.M.G. (QUEENSLAND), to COLONEL THE RIGHT HƠN. F. A. STANLEY, M.P. (Received March 1, 1886.)
Government House, Brisbane, January 13, 1886.
SIR,
I HAVE the honour to enclose copy of a memorandum addressed to the Colonial Secretary by Colone! French, Commandant of the Queensland Defence Force, with respect to the case of Sergeant-Major Lewis (late R.E.), and the proposed reduction of the amount of his pension on account of his having entered the defence force of this Colony.
2. I entirely agree in the view taken of the matter by Colonel French, and I trust that the War Office may be induced to reconsider not only the case of Sergeant-Major Lewis, but the general principle involved in it. It is of the greatest importance to the organisation of the military forces of these Colonies, of whatever kind, that all possible facility should be afforded for procuring and retaining the services of thoroughly cfficient non-commissioned officers from the British Army.
The Right Hon. the Secretary of State for the Colonies.
Enclosure in No. 10.
'I have, &c., (Signed)
A. MUSGRAVE.
MEMORANDUM from the COMMANDANT, QUEENSLAND DEFENCE FORCE, to the HON. THE COLONIAL SECRETARY.
Head Quarters, Queensland Defence Force, Brisbane, October 13, 1885.
THE annexed letter from Sergeant-Major Lewis (late R.E.) is submitted for consideration. It appears that this non-commissioned officer accepted Colonial employ- ment in the belief that his so doing would in no way affect his pension; I have had numbers of the non-commissioned officers of the regular army employed under my
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command in the Colonies, and in no case did it affect their pensions. I beg to subunit that if new regulations have been issued on this point, they should not be made retro- spective in their application. I would recommend that sentation be made by the Government on the general principle herein involved, for, 8 very strong repre- if carried out, it would certainly prevent eligible officers or non-commissioned officers volunteering for service under Colonial Governments.
G. A. FRENCH, Colonel Commandant,
SIR,
(Signed)
Queensland Defence Force.
From SERJEANT-MAJOR LEWIS, QUEENSLAND DEPENCE FORCE, to Commandant, QUEENSLAND DEFENCE FORCE.
Head Quarters, Queensland Defence Force,
Brisbane, October 8, 1885.
I wish to bring to your notice that I went to the Treasury to-day to see if any correspondence about my pension had arrived from England. I find that I am mulct 3d. per diem of my pension for coming to Queensland.
On my discharge papers it states that I completed 21 years and 106 days towards pension. On the papers received from England by the Treasury I am credited with 19 years and 6 months with the English Government; 18 months with the Queensland Government, for which I get nothing.
I cannot let this pass without bringing it to your notice, that my pension should be 28. 9d. per diem instead of 2s. 6d. I beg further to state that I forfeited my promotion at least of warrant officer by coming to Queensland, as, since I left England, my juniors have been promoted to warrant officers and lieutenants.
I therefore submit that it is nothing but just that you would move the Honourable Colonial Secretary to submit my case to the War Office authorities, and get this matter satisfactorily arranged, as a clear loss of 3d. per diem in my pension would make at the end of say 10 years something considerable.
I might add that on the discharge of Sergeant-Instructor Whitaker, R.A., there was none of his pension mulct, and I believe he was under precisely the same agreement as I am serving.
No. 11.
I have, &c.,
(Signed)
J. O. LEWIS,
Sergeant-Major,
Queensland Defence Force.
GOVERNOR SIR A. MUSGRAVE, G.C.M.G. (QUEENSLAND), to COLONEL THE RIGHT HON. F. A. STANLEY, M.P. (Received March 1, 1886.)
SIR,
Government House, Brisbane, I HAVE the honour to forward to you a copy of a letter addressed to me by the
Queensland, January 13, 1886. Colonial Secretary, with its enclosures, relative to the subject of the conditions under which officers of Her Majesty's naval and military forces are allowed to take service in the Australian Colonies.
2. The case of Sergeant-Major Lewis, referred to by Mr. Griffith in the third paragraph of his letter, I have thought could better be dealt with separately, and I have submitted it to your notice in my Despatch of this date."
3. But with respect to the general question, I entirely agree in the opinion expressed by Mr. Griffith; and I desire to point particular attention to his remark, that in order to keep up the efficiency of the Colonial forces, it will be found necessary to provide for a regular succession of naval and military officers detached or seconded from Her Majesty's forces for temporary service with the Colonial forces. that it is only by such an arrangement that upon the whole it will be possible to ensure I am firmly convinced that the permanent local forces in any of these Colonies shall be properly officered. But if, at the same time, another arrangement is made for giving to the Governments of the Colonies nominatious to a certain number of commissions in the regular army in
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