CO885-(11-13) — Page 267

MY LORD,

No. 49.

(NATAL.)

LAW OFFICERS to COLONIAL OFFICE.

Lincoln's Inn, 11th February 1875. We are honoured with your Lordship's commands, signified in Mr. Malcolm's letter of the 29th January ultimo, stating that he was directed by your Lordship to acquaint us that a Bill having been introduced into the Legislative Council of Natal To declare and amend the Constitution of the Colony of Natal," the Speaker ruled

**

that the official members of the Council were excluded from voting, on the ground that they had a pecuniary interest in the decision.

Mr. Malcolm enclosed a copy of a despatch from the Lieutenant-Governor of Natal, Confidential. with its enclosures, in which the circumstances of the case are fully set forth, and he 15 Dec. 1874. was also to annex the Letters Patent of 1856, 1869, and 1872, and the Law No. 1 of 1873; and Mr. Malcolm was to observe that the ground of the Speaker's decision appears to have been that, while the official members of Council had certain salaries secured to them during Her Majesty's pleasure by the existing constitution of the Colony, they might in certain contingencies, under the constitution as amended by the Bill, have been compellable to retire on such a pension as Her Majesty might assign (clause 6).

Mr. Malcolm was to request that we would take these papers into our consideration, and favour your Lordship with our opinion as to the legality of the ruling of the Speaker of the Legislative Council.

In obedience to your Lordship's commands we have taken these papers into consideration, and have the honour to

Report

That we have considered the several documents transmitted to us by your Lordship, and we are of opinion that the interest of the official members of the Legislative Council in the Bill to declare and amend the constitution of the Colony of Natal was a remote or contingent interest only, and not such a direct or immediate pecuniary interest as would (according to the well-established rule of the House of Commons) disqualify them from voting upon a question of State policy; and we therefore think the ruling of the Speaker was unconstitutional and cannot be justified.

The Right Hon. the Earl of Carnarvon, &c.

&c.

&c.

We have, &c., (Signed) RICHARD BAGGALLAY.

JOHN HOLKER.

▲ 19910.—48. 25.—-12/84.

PUBLIC RECORD OFFICE

Reference :-

CO. 885

12 PUBLIC RECORD OFFICE, LONDON

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