CO885-(15-16) — Page 123

24544.

No. 91.

(CAPE.)

SIB,

LAW OFFICERS TO COLONIAL OFFICE.

Royal Courts of Justice, July 15, 1901.

We were honoured with your commands signified in Mr. H. Bertram Cox's letter of the 5th instant, stating that he was directed by you to request our consideration of certain questions which had arisen with reference to the issue of Warrants by the Governor of the Cape Colony to cover expenditure of public money.

That Mr. Bertram Cox was to transmit to us copies of telegrams which had passed between the Colonial Office and the Governor of the Cape Colony, together with copies of certain questions addressed to you in the Honse of Commons and the answers returned. That Mr. Cox was also to enclose volumes of the Laws of the Cape Colony in which would be found the Constitution Ordinance and the two Acts, No. 14 of 1892 and No. 23 of 1896, referred to in the telegram of 30th June and the despatch of 19th March. That Mr. Cox was also to enclose a copy of a Parliamentary Paper issued in 1878, containing the despatches of the Duke of Buckingham and Chandos and of Lord Granville, to which reference was made in the closing part of Mr. Chamberlain's answer to Mr. Morley (C. 2173—pp. 117 and 119).

That it would be observed that Ministers in the Cape Colony appeared to regard the last sentence of Section 80 of the Constitution Ordinance scheduled to the Order in Council of 11th March, 1853, as giving sufficient authority for the issue of Warrants to meet expenditure of the public revenue in the absence of Parliamentary provision for such expenditure, but that the Governor expressed doubt whether that contention could be supported.

That Mr. Bertram Cox was accordingly to request us to report :-

1. Whether the above view of the Cape Ministers was correct.

2. Generally.

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

Report.-

1. That in our opinion the view of the Cape Ministers cannot be sustained. The enactment contained in the last sentence of Section 80 of the Constitution Ordinance scheduled to the Order in Council of 1853, has reference only to the issue of revenue which has already been appropriated to some specific public service in accordance with the previous provisions of Section 80.

It gives no power to the Governor to authorize the issue of revenue which has not been so appropriated.

2. We have nothing to add.

The Right Honourable Joseph Chamberlain, M.P.,

&c.

&c.

&c.

We have, etc.,

R. B. FINLAY, EDWARD CARSON.

9570-23-1/1901 Wt 852

D&S

6

PUBLIC RECORD

OFFICE

༄།「། །།

Reference :-

C.O. 885

15 PUBLIC RECORD' OFFICE, LONDON

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