CO885-(13-15) — Page 518

20731.

No. 155.

(SOUTH AFRICA.)

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice,

September 23, 1897.

་

SIR.

We were honoured with your commands signified in Sir J. Bramston's letter of the 7th instant, stating that. with reference to our Report of 26th July 1897* respecting the suspension of the "Critic" Republic, he was directed to transmit to us a copy of a Memorandum which was furnished newspaper by the Government of the South African to Mr. Hess, the proprietor of the Critic," and Mr. Guedalla, his solicitor, at an inter- view which those gentlemen had with the permanent Under Secretary of State on the 3rd of August in consequence of further correspondence with Messrs. Guedalla and Cross. That Sir J. Bramston was also to enclose copy of a letter written by Messrs. Guedalla and Cross after the interview, in which they claimed that the compensation to which Mr. Hess was entitled was the full value of the newspaper which Mr. Hess could have got by its sale to an ordinary purchaser as a going concern and suggested that Her Majesty's Government should insist on the Government of the South African Republic directing an inquiry to be held by an assessor or referee whose appointment met with the approval of the respective Governments, and that instructions should be given to such referee or assessor on the lines indicated.

as

That you were disposed to agree that the amount of compensation should be left to be fixed by an assessor approved by both Governments instead of by the High Court of the Republic whether in our opinion Her Majesty's Government could properly insist on the compen- previously proposed. But that you would be glad to learn sation to be demanded for Mr. Hess from the Government of the South African Republic being assessed on the basis proposed by Messrs. Guedalla and Cross in their letter of 12th August, and the assessor being instructed in the sense therein suggested; or whether the whole question should not be left to the assessor to award generally such amount as he considered right in the circumstances.

We have taken the matter into our consideration, and have the honour to

Report—

That the whole question should be left to the assessor to award generally such amount as he considers right.

1

It is quite possible that it may be the case, as contended by Mr. Hess, that temporary suppression was equivalent to the total and absolute extinction of the newspaper.

But

we do not think that Her Majesty's Government could properly insist on this being accepted as the sole basis of the reference. Everything depends on the circumstances, and it should be left to the assessor to say what the damages should be. Mr. Hess will be able to contend before him that he has lost the newspaper absolutely by the act complained of.

We have, &c.,

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

&c.,

&c.

14662-25-997 Wt 20260 D&S

"No. 146.

RICHARD E. WEBSTER. ROBERT B. FINLAY.

PUBLIC RECORD OFFICE

Reference :-

PLENIC.O.885

14 PUBLIC RECORD OFFICE, LONDON

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