CO885-(13-15) — Page 172

16,649.

No. 189.

(CANADA.)

1

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

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

Royal Courts of Justice, letter of the 9th ultimo, stating that, with reference to our report of the 23rd June

August 22, 1890. last, he was directed by your Lordship to transmit to us copies of correspondence with the Lord Chancellor respecting the action of Trinity College, Toronto, in holding examinations and granting degrecs in music in this country.

That your Lordship would be glad if we would take those papers into consideration and advise you :--

(1.) Whether proceedings should be taken before the Privy Council, and, if so, in what shape and by whom; or

(2.) Whether, under the 4th section of 3 and 4 William IV., Chapter 41, proceedings should be taken before the Judicial Committee of the Privy Council, and, if so, in what shape and by whom.

That Mr. Bramston was also to transmit a printed letter from Sir John Stainer, and to inquire whether that letter affected our views in any way.

We have also the honour to acknowlege the receipt of Mr. Bramston's letter of the 12th of July, enclosing the appendices referred to in the letter from Sir John Stainer.

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

Report

That we are of opinion that it is very desirable that some proceedings should be taken to obtain a decision upon the question raised respecting the powers of the University of Toronto to grant the degrees in question, and if the case can be submitted to the Judicial Committee of the Privy Council under section 4 of 3 and 4 William IV., Cap. 31, it appears to us that would be far the best method of dealing with the matter.

There are, so far as we can learn, no precedents of any similar question being brought before the Judicial Committee under that section, but having regard to the fact that the Charter was granted by the Crown, we think that it is open to Her Majesty to refer the question raised as to the powers granted by the Charter to the Judicial Committee under the terms of the section.

We would suggest that a formal petition should be presented to the Privy Council by some one or more of the Universities granting musical degrees in the United Kingdom complaining of the action of the University of Trinity College, Toronto. This petition should be submitted to the University for an answer, and formal cases prepared in the usual way, and the matter heard before the Judicial Committee. We have considered the printed letter of Sir John Stainer. It does not appear to us to affect materially the opinions respectively expressed by us on June 23rd fast.

We have, &c., (Signed) RICHARD E. WEBSTER.

EDWARD CLARKE.

The Right Hon. Lord Knutsford, G.C.M.G.,

&c. &c.

&c.

61207 -23.

25 -9,90.

• No. 179

PUBLIC RECORD OFFICE

Reference *--

TILHC.O. 885

13 PUBLIC RECORD OFFICE, LONDON

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