CO885-(13-15) — Page 513

16930.

PUBLIC RECORD OFFICE

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Reference :-

C.O.885

14 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH—NOT TO

section. If the payment was innocent it could not be a corrupt practice. If it was corrupt it ought not to be privileged because it was made with public moneys, and through the public authority. The only effect of this section would be to legalize corruption with the public moneys.

+

The concluding words of Section 13 appear to us to be very dangerous, as they would, in practice, enable a candidate to enjoy the advantage of corrupt practices, while he is freed from responsibility.

We do not think Section 15 and Section 16 open to the same objection, though their tendency is to encourage laxity, and the provision that three judges must be unanimous will no doubt make it difficult to unseat for corruption. These provisions and the repeal of Section 177 would not by themselves, in our opinion, justify the refusal of assent to the Bill.

But the effect of Section 13 and Section 14 is such that we submit that Her Majesty should not be advised to assent to this Bill.

The Right Hon. J. Chamberlain, M.P.,

&c.,

&c..

&c.

We have, &c.,

RICHARD E. WEBSTER. ROBERT B. FINLAY.

SIR,

No. 130.

(CANADA.)

LAW OFFICERS 16 COLONIAL OFFICE.

Royal Courts of Justice,

August 3, 1897.

We were honoured with your commands signified in Sir John Bramston's letter of the 27th May stating that he was directed to transmit for our consideration the accompanying correspondence on the subject of the Tariff Resolutions now before the Parliament of Canada providing for the grant of preferential Tariff' treatment on certain conditions.

That the text of the Resolution governing admission to the benefits of the preferential Tariff would be found in Resolution 2 (15) on page 3 of the print enclosed with Sir John Bramston's letter.

That the Dominion Government acting under the power conferred on them by sub- spetion (z) of Resolution 2 (15) had decided that the United Kingdom was entitled to the preferential Tariff, and accordingly British goods had been admitted at the reduced rates of duty specified in Schedule 1) since the 23rd February, while goods from every other country had been subjected to the general Tariff',

That representations (copies of which were enclosed) had been made by the Belgian and German Governments that the preferential treatment thus accorded to British goods constituted a breach of the Treaties concluded by Her Majesty and Belgium in 1862, and with the North German Zollverein in 1865, Article XV. of the former, and Article VII. of the latter, prescribing that articles, the produce or manufacture of those countries, should not be subject in the British Colonies to any higher or other duties than those which were imposed on articles of the like kind imported from Great Britain.

That copies of those Treaties were enclosed.

That the view hitherto held by Her Majesty's Government on the general effect of the Treaties in question on the trade relations between this country and the Colonies was set forth in paragraphs 40 and 41 of a Colonies represented at the Ottawa Conference in 1894 by the Marquess of Ripon on the C. 7824.

despatch addressed to the Governors of the 28th June 1895, which would be found on pages 11 and 12 of the Parliamentary Paper which was enclosed.

F.0.19 May

That copies were also enclosed of letters from the Foreign Office and Board of Trade B.ofT.19 on the subject of the Canadian proposals. to Law Officers' Reports, dated 6th May 1871*; 14th January 1882†; 31st January, Do. 15 do.

That in this connection we might like to refer 0.20 May and 14th March 1889‡.

That the grounds upon which the Dominion Government maintained that their action did not constitute an infringement of the Treaties were set forth in the memorandum (which was enclosed) prepared by a Sub-Committee of the Privy Council of Canada.

Du. do.

That the despatch from the Secretary of State for the Colonies of the 13th August 1859 and the memorandum in reply of Sir Alexander Galt would be found at page 7, and pages 11 to 18 of the Parliamentary Paper enclosed, and that it would be seen that the H. of C. question then under discussion was the adoption by Canada of a fiscal policy of protection 400, 1864. for Canadian manufactures and not any question of discriminating import duties or of Treaty obligations.

That the despatch from the Earl of Kimberley to the Australian Governors of the 19th April 1872, which was also referred to, would be found on pages 6 to 10 of Parliamentary Paper C. 576 of 1872, a copy of which was enclosed.

That

you would be glad if we would take these papers into our consideration as early as possible, and favour you with our opinion as to whether

1. The Treaties with Belgium and Germany of 1862 and 1865 are binding on Her Majesty in respect of the trade between these countries and Canada, and if so,

2. Whether these Treaties require that the benefits of the Reciprocal Tariff set forth in Schedule D. to the Resolutious of the Dominion House of Commons must be granted to these countries, and consequently to all other countries entitled in Canada by Treaty to most-favoured-nation treatment in Tariff matters in consequence of the admission of the United Kingdom to the benefits of that Tariff.

* No. 707 in Vol. 11.

HDR 25-97 Wt 20260 DXS

+ No. 271 in Vol. 11.

‡ Nos. 138 and 142 in Vol. IV.

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