CO885-(13-15) — Page 130

15,232.

No. 157.

(CANADA.)

0

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

Royal Courts of Justice, July 31, 1889. Ws were honoured with your Lordship's commands, signified in Sir Robert Herbert's letter of the 29th instant, stating that the purport of our opinion on the subject of the Act of the province of Quebec "respecting the settlement of the Jesuits' Estates," as expressed in our Report of the 9th July*, was communicated to the Government of Canada, and that your Lordship had now been informed that that Government would be glad to be favoured with our further opinion on two points not specifically brought before us in the letter from the Colonial Office of the 3rd instant.

That your Lordship accordingly desired to be informed whether, in our opinion, the legislation in question was clearly within the competence of the Provincial Legislature.

That your Lordship had inferred from our opinion that the action of the Governor- General in not interfering with the operation of the Act was right and constitutional, that we concurred in the opinion of the Minister of Justice of the Dominion that the Act was intra vires of the Provincial Legislature, but that as the question had been directly asked, your Lordship would be obliged by our answer to it.

That Sir Robert Herbert was further to acquaint us that the "Evangelical Alliance of the Dominion of Canada" had petitioned the Queen against the Act in question, and that your Lordship had declined to tender any advice to Her Majesty in regard to that petition. That your Lordship would be obliged by our informing you whether, in our opinion, the competence of the Provincial Legislature of Quebec to pass the Act was so clear that there was no ground for a reference to the Judicial Committee of the Privy Council, a course which on political grounds it was not desirable to take unless absolutely necessary.

That Sir Robert Herbert was to return, for our convenience, the Memorandum by Sir J. Thompson previously forwarded to us, and to request that we would, at our earliest convenience, report on the two questions submitted.

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

Report

That we are of opinion that the Act was clearly within the powers of the Provincial Legislature, and that there is no ground for a reference to the Judicial Committee of the Privy Council.

The Right Hon. Lord Knutsford,

We have, &c., (Signed)

RICHARD E. WEBSTER. EDWARD CLARKE.

&c.

&c.

57014.-31. 25-8/89.

&c.

• No. 154.

PUBLIC RECORD OFFICE

C.O.

Reference :-

885

13 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

5,232.

No. 157.

(CANADA.)

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

LAW OFFICERS to COLONIAL OFFICE.

[Y LORD,

Royal Courts of Justice, July 31, 1889. We were honoured with your Lordship's commands, signified in Sir Robert erbert's letter of the 29th instant, stating that the purport of our opinion on the ibject of the Act of the province of Quebec "respecting the settlement of the Jesuits' states, as expressed in our Report of the 9th July*, was communicated to the overnment of.Canada, and that your Lordship had now been informed that that

"

overnment would be glad to be favoured with our further opinion on two points not ecifically brought before us in the letter from the Colonial Office of the 3rd instant. That your Lordship accordingly desired to be informed whether, in our opinion, e legislation in question was clearly within the competence of the Provincial gislature.

That your Lordship had inferred from our opinion that the action of the Governor- neral in not interfering with the operation of the Act was right and constitutional,

at we concurred in the opinion of the Minister of Justice of the Dominion that the it was intra vires of the Provincial Legislature, but that as the question had been ectly asked, your Lordship would be obliged by our answer to it.

That Sir Robert Herbert was further to acquaint us that the "Evangelical Alliance the Dominion of Canada " had petitioned the Queen against the Act in question, d that your Lordship had declined to tender any advice to Her Majesty in regard that petition. That your Lordship would be obliged by our informing you whether, our opinion, the competence of the Provincial Legislature of Quebec to pass the t was so clear that there was no ground for a reference to the Judicial Committee the Privy Council, a course which on political grounds it was not desirable to take less absolutely necessary.

That Sir Robert Herbert was to return, for our convenience, the Memorandum by J. Thompson previously forwarded to us, and to request that we would, at our liest convenience, report on the two questions submitted.

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

Report

"hat we are of opinion that the Act was clearly within the powers of the Provincial islature, and that there is no ground for a reference to the Judicial Committee of Privy Council.

?

'he Right Hon. Lord Knutsford,

&c.

&c.

&c.

We have, &c.,

(Signed)

RICHARD E. WEBSTER.

EDWARD CLARKE.

57014.-31. 25—8/81.

• No. 154.

13 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO