CO885-(13-15) — Page 636

18087.

SIR.

No. 220.

(JAMAICA.).

LAW OFFICERS TO COLONIAL OFFICE.

Royal Courts of Justice, July 10, 1899.

of

We were honoured with your commands signified in Mr. C. P. Lucas's letter of the 4th instant, stating that he was directed by you to transmit to us the enclosed a despatch from the Governor of Jamaica forwarding a protest made by a member of the

copy Legislative Council of that Colony against a ruling given by him as President of the Council with respect to the right of a member to propose, without the direction or express approval of the Governor, a measure repealing a law relating to the public revenue, and to request that we would favour you with our opinion upon certain questions which had arisen in the case, viz, :—

(4.) Whether in the circumstances set forth the Governor was rightly advised in ruling that under Clause 40 of the Order of Her Majesty in Council of 19th May, 1884, and Rule 40 of the Standing Rules and Orders, the Legislative Council of Jamaica was debarred from considering any bill, vote, or resolution proposing to repeal a law dealing with taxation, unless such bill, vote, or resolution should have been proposed by, or by the direction of, or should have the express approval of. the Governor ?

(.) Whether the words “express approval" in Clause 40 of the Order in Council meant that the Governor must approve such a measure in principle, or merely that he must give his formal consent to its introduction ?

We have taken the papers into our consideration, and, in obedience to your commands, have the honour to

Report-

(a.) That in our opinion the ruling of the Governor was erroneous. repeal a tax is not a proposal for "

Clanse 40 of the Order in Council deals only with laws, &c., imposing any tax or

disposing of" any part of the public revenue.

A proposal to disposing of, or charging any part of, the public revenue.

charging'

The words "disposing "or seem to us to relate to a proposed use of the revenue like the term “ priation " used in Clause 43 of the Owler in Council. did not require the approval of the Governor for its introduction.

The Bill in question, in our opinion. appro-

(b.) The words "express approval," in our opinion mean that the Governor must approve the measure in principle, not merely that he should give his formai assent to the introduction. This seems to us to follow from the context as well as from the words themselves. The law, &c., must be proposed by, or express approval of, the Governor.

by the direction of, or have the

We have, &c.,

The Right Honourable Joseph Chamberlain, M.P.,

&c.,

&c.,

&c.

RICHARD E. WEBSTER. ROBERT B. FINLAY.

3296-25-7,99 Wt 439 D & S

5

mimmiu 1 ། ། ། ། །

PUBLIC RECORD OFFICE

Reference :-

C.O.885

14 PUBLIC RECORD OFFICE, LONDON

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