CO885-(11-13) — Page 523

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PUBLIC RECORD OFFICE

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12 PUBLIC RECORD OFFICE, LONDON

No. 249.

(QUEENSLAND.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

WE were honoured with your Lordship's commands, signified in Mr. Herbert's

Temple, 1st March 1881. letter of the 21st February last, stating that he was directed by your Lordship to acquaint us that necessity had arisen in the Colony of Queensland for the prosecution in England of inquiries respecting certain mercantile transactions in which the good faith of the local government and the probity of the head of the Ministry were impugned, and that the following measures were adopted-

That the Legislative Assembly passed two resolutions (1) that a Royal Commission be appointed to take further evidence in England, and to report, &c. &c.; (2) that such Commission consist of Mr. George King and a gentleman to be nominated by your Lordship and appointed by the Colonial Government.

3. That in consequence of those resolutions the Governor had requested your Lordship to nominate a second Commissioner, and having issued to Mr. King a com- mission under the public seal of the Colony, had transmitted a similar commission in blank to be completed in your Lordship's office after a nomination had been made by your Lordship.

That a copy of that blank commission was enclosed, that it was identical with Mr. King's commission, mutatis mutandis, except that the third recital appeared only in this one.

4. That your Lordship was prepared to select a gentleman to assist Mr. King in the inquiry, but that your Lordship felt some doubt as to the propriety of taking any steps which might seem to give official recognition in this country to a document which purports to be a Royal Commission emanating from the Governor of a Colony.

That commissions of this nature were usual in the Colonies whenever any formal inquiry was necessary, but that your Lordship apprehended that they could not effectively confer any powers upon any person in this country.

That under those circumstances your Lordship was disposed to inform the parties that although your Lordship did not refuse to carry out the wish of the Colony that he (you?) should nominate a second Commissioner, it must be understood that your Lord- ship did not apprehend that a commission under the seal of Queensland could give any real powers in this country, and that the inquiry therefore could only be effective so far as any person, whose evidence or participation in it might be desired, consented to appear before the Commissioner. That your Lordship was therefore not to be held in any way responsible for the proceedings or their result.

That, but before doing so your Lordship requested that we would favour your Lordship with our opinion whether, having regard to the form and to the terms of the Commission, he might properly nominate a Commissioner as requested, and allow the name to be inserted in the Commission by the officers of your Lordship's Depart- ment, and if so, whether it would be advisable to make to the parties some such intimation as was above suggested.

That as the persons principally interested in the inquiry were now in England, and could remain here for a short time only, your Lordship would be much obliged by our reporting our opinion as speedily as possible.

In obedience to your Lordship's commands we have the honour to

Report

That we are of opinion that your Lordship may properly nominate a Commissioner as requested, and allow the name to be inserted by the officers of the Colonial Department.

But we think your Lordship should intimate to the commissioner appointed and to the Colonial Government that although the Commission does not on the face of it show that any power under it is to be exercised out of the Colony, yet that your

▲ 12916.-239. 25.—19/84.