CO885-(13-15) — Page 162

PUBLIC

חד

RECORD OFFICE

Reference :-

C.O.885

13 PUBLIC RECORD OFFICE, LONDON

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

The Attorney- General's

opinion.

The Solicitor-

General's

opinion

original address presented to your Lordship, and the latter enclosing the supplementary memorial on behalf of the University of Trinity College.

I have taken all the papers into my consideration, and, in obedience to your Lordship's commands, have the honour to

Report

That I am of opinion that it is competent to the University of Trinity College, Toronto, to appoint a registrar and hold examinations in the United Kingdom for the granting of degrees in Canada to persons who have not been students and have not performed scholastic exercises in the University itself.

Upon the information before me I cannot see that the University of Trinity College, Toronto, has exceeded the powers granted by its Charter.

I have, &c., (Signed)

RICHARD E. WEBSTER.

I have also considered the matter, and have the honour to

Report

That I do not think that the action of Trinity College, Toronto, in regard to degrees in music is within the powers intended to be conferred by its Charter.

The objects stated in the Charter are the education of youth in the Christian doctrines and duties, and the instruction in science and literature, and the right of taking degrees is granted only to students in the College. The privileges granted are those enjoyed by the Universities of the United Kingdom.

I do not think that the persons who are examined in music in England, and have never been to the college in Toronto, or been in any sense students in that college, are included in the grant of the right of taking degrees. And it is not, in my opinion. within the privileges of the Universities of the United Kingdom to grant degrees in absentiâ, except to graduates who are permitted to take the formal step of proceeding to a higher degree.

Special privileges were given to the University of London by its Charter, but are not therefore among the ordinary privileges of a university.

I doubt the legality of the proceedings of Durham University, but their degrees are given to students of affiliated colleges.

The proceedings to be taken would be by writ of scire facias to repeal the Charter, but, in view of the opinion of the Attorney-General, I am not prepared to advise that such proceedings should be taken.

The Right Hon.

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

&c. &c. &c.

I have, &c.,

(Signed) EDWARD CLARKE,

13,350.

No. 180.

(FIJI.)

LAW OFFICERS to COLONIAL OFFICE.

2nd Jan. 1875,

1st Oct. 1880. Estimates and

MY LORD,

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

Royal Courts of Justice, July 8, 1890. letter of the 17th May last, stating that he was directed by your Lordship to request Instructions. our consideration of the accompanying documents and of the following circumstances.

That in 1886 the financial condition of Fiji was exceedingly bad, and that in order ordinance. to reduce expenditure the strictest economy and retrenchment became That after providing for certain reductions which it was unnecessary to particularize, towe, 17th Jan. necessary. Colonial Office the Lords Commissioners of the Treasury informed the Secretary of State that it 1985. would be absolutely necessary to reduce the expenditure still further by a temporary to Dr. Skot abatement from salaries, and the postponement of public works and Indian immigration towe, 12th Feb. until the low standard of the years 1876-8 had been reached at least, and the revenue balanced the expenditure.

That the Secretary of Stato accordingly, by a despatch dated the 15th November 1886, directed the Governor to make a temporary deduction of 5 per cent. from all salaries of more than 2001., and less than 3501. per annum, and of 10 per cent. from salaries of 3501. and upwards.

That Fiji was a Crown Colony having a Legislative Council, containing a majority of official members, who were required to give their votes in accordance with any directions which they might receive from the Governor, who presided over the Council. That the power of making laws for the Colony was vested, by Letters Patent, in the Governor with the advice of the Legislative Council, and that the power of appointing public servants was delegated to the Governor by the same Letters Patent. That a copy of those Letters Patent dated 2nd January 1875, was enclosed together with a copy of the existing Royal Instructions mentioned in the 4th Article of the Letters Patent by which article the power of legislation was conferred.

That the estimates of expenditure for the succeeding year were annually submitted to the Legislative Council, and that the amounts approved were included in an Appropriation Ordinance. That a copy of such estimates and Ordinance for 1899 were forwarded from which it would be seen that only the amount of the reduced salaries was voted and included in the Appropriation Ordinance.

That among the officers affected by that reduction was Dr. Skottowe, an assistant medical officer who was selected for the appointment by the Secretary of State in England, and to whom the post, at a salary of 300l. per annum and an allowance of 50% for house rent, was offered in a letter dated 17th January 1885, of which a copy was enclosed, as well as a copy of a subsequent letter from the Colonial Office dated 12th February 1885.

to Dr. Skot-

Colonial Onco

1885.

Office, 31st March 1890.

That Dr. Skottowe, who had left the service and returned to the United Kingdom, claimed a refund of the deductions made from his salary, at any rate for the first three years of his service, and that Mr. Bramston was to transmit copy of a correspondence Maclay & Co. which had passed with his solicitors on the subject, in which it was sought to establish to Colonial a right to the full salary of 3001. so long as Dr. Skottowe held his appointment.

That if that gentleman might claim full salary, irrespective of the vote of the Colonial Office Legislative Council, other public officers would, no doubt, advance similar claims, and Co., 14th April that the question appeared to your Lordship to depend upon whether civil servants in 1890. a Crown Colony held their offices, as in England, subject to the provision of their to Colonial salary from year to year by vote of the Legislature.

to Maclay &

Maclay & Co.

Office, 2nd

May 1890.

That Mr. Bramston was to enclose copy of a report from the then Law Officers Colonial Office dated 29th November 1876, regarding the powers of legislation possessed by the to Malay & Legislative Council of Fiji, and to request us to favour your Lordship with our opinion. 1890.

Co., 17th May 1. Whether a civil servant in Fiji appointed by an ordinary letter of appointment, naming a specific salary, and signed by the Governor or by his direction, would have a right to recover such salary by action in the event of its not being voted by the Legislative Council.

2. If not, whether the letters addressed to Dr. Skottowe on the 17th January and 15th February 1885, gave him such right; or

3. Whether Dr. Skottowe must be taken to have held his appointment on the implied condition, that his salary depended on the voto of the local Legislature.

a 61207.--16. 25.--7/90.