CO885-(13-15) — Page 152

1634.

No. 171.

(TASMANIA.)

PUBLIC RECORD OFFICE

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19

C.O.

Reference :-

885

13 PUBLIC RECORD OFFICE, LONDON

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

MY LORD,

LAW OFFICERS to COLONIAL OFFICE.

No. 3.

We were honoured with your Lordship's commands signified in Mr. Bramston's

Royal Courts of Justice, January 24, 1890. letter of the 7th ultimo, stating that he was directed by your Lordship to transmit to us, for our joint consideration, copy of a despatch from the Governor of Tasmania, with its enclosures, in the second of which the Attorney-General of Tasmania raised 6 Oct. 1889. doubts as to the power of the Crown to increase the number of the representatives of each Colony in the Federal Council of Australasia in the manner proposed by that Council.

That Mr. Bramston was also to enclose a copy of the address adopted by the two Houses of the Legislature of Tasmania on the subject, from which it would be seen that, in pursuance of the recommendation unanimously adopted by the Federal Council, the Legislative Council and Legislative Assembly of that Colony prayed that the Queen would be pleased to issue an Order in Council (under the 5th section of the Federal Council of Australasia Act, 1885," 48 & 49 Vict. cap. 60.) increasing the number of the representatives of each Colony in the Federal Council, on the basis of population, in such manner that the number of the representatives of each Colony would range from two to six.

That similar addresses had been received from the Legislatures of Victoria, Queensland, and Western Australia.

That it would be seen that the Attorney-General of Tasmania was of opinion that the language of section 5 of the above-mentioned Act contemplated only an equal increase in the number of representatives for each Colony, and that therefore the alteration in the basis of representation adopted in the addresses would require an amendment of the law by Imperial legislation.

That Mr. Bramston was therefore to request that we would favour your Lordship with our opinion upon that point.

That Mr. Bramston was further to request to be informed whether, if, in our opinion, an Order in Council might properly be issued as desired, such order should provide for the further increase hereafter of the number of representatives of any Colony whenever the Governor in Council of such Colony certified that its population had so increased as to entitle it to a larger representation than that to which it was at present entitled under the recommendations adopted by the Council, or whether a new order should be issued on each such occasion.

We have taken the matter into our consideration, and, in obedience to your Lordship's commands, have the honour to

Report

That it is extremely difficult to state with certainty the exact construction which would be given judicially to the fifth section of the Federal Council of Australasia Act, 1885.

We are, however, of opinion that Her Majesty would not be justified by its terms in inaking an Order in Council whereby the number of representatives for each of the several Colonies should alter or vary in proportion to the population. order increasing the number must prescribe a definite number for each Colony.

We think any Further, in our opinion, any order made under the section must provide for an increase in the number for each of the several Colonies, and it would probably be held that the increase for each of the Colonies, other than Crown Colonies, must be the same.

Before any order can be made the Legislatures of all the Colonies concerned must send a request to Her Majesty.

The Right Hon.

Lord Knutsford, G.C.M.G.,

&c. &c &c.

We have, &c.,

(Signed) RICHARD E. WEBSTER.

EDWARD CLARKE.

a

61207.-4.

}