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PUBLIC RECORD OFFICE

Reference :-

C.O. 885

15 PUBLIC RECORD OFFICE, LONDON

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

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(3.) Whether Major Browne should be instructed to take such further proceedings ? (4.) What answer should be made to Major Browne's letter?

(5.) Generally?

We have taken the matters submitted to us into our consideration, and in obedience to your commands have the honour to

Report-

(1.) That in our opinion you would be justified in requesting the Government of the Gold Coast to pay the damages and costs already incurred by Major Browne, and we think that, under the circumstances, this ought to be done.

(2.) We think that there would be no chance of success in further proceedings either in the Court of Appeal or in the House of Lords. The question as to whether the plaintiff was under military law was fairly left to the jury, and, in our opinion, the answer of the jury was right. As the proceedings against the plaintiff had no reference to the existence of a state of war or to military operations, we think that the decision in the Marais case has no application.

(3.) We, therefore, advise that Major Browne make no attempt to disturb the verdict. (4.) Major Browne should be answered in terms of our replies to the preceding

questions.

(5.) Generally. We have nothing to add.

The Right Honourable Joseph Chamberlain, M.P.,

&c.

&c.

&c.

We have, &c.,

R. B. FINLAY. EDWARD CARSON.

10538

No. 135.

(TRANSVAAL, ORANGE RIVER COLONY.)

LAW OFFICERS to COLONIAL OFFICE.

[Claims on account of Salaries due for Personal Services rendered before the War to the late Governments.]

SIR,

Royal Courts of Justice,

March 14, 1902.

WE were honoured with your commands signified to us by Mr. Bertram Cox in his letter of the 6th instant stating, that with reference to our Report of the 30th November, 1900,* relative to the position of His Majesty's Government with regard to obligations incurred by the late Governments of the South African Republic and the Orange Free State, he was directed by you to transmit to us a copy of correspondence with the Treasury concerning the question whether claims on account of salaries due for personal services rendered before the war to the late Governments should be met by His Majesty's Government.

That it would be observed that the Lords Commissioners of the Treasury called attention to a distinction drawn by us between the admission of claims on the late Governments to the extent of revenues drawn from the territories annexed, and the acceptance of such claims as a liability on the taxpayers of this country.

That as we were, no doubt, aware, a grant was voted by the Imperial Parlia- ment in aid of the revenues of the Transvaal Colony by Parliament in the Session of 1901, and that but for the assistance given by that grant the Transvaal revenue would have been unable to meet the ordinary expenses falling upon it, and a similar grant-in-aid would be taken for the first three months of the coming financial year.

That the Lords Commissioners of the Treasury considered that in those circum- stances the payment of claims on account, of salaries for personal services rendered before the war to the late Government would amount to an admission of liability by this country which in our opinion did not legally exist, and might form a danger- ous precedent. That we should observe that with the view of meeting this conten- tion you had proposed that the payments should be made under an express disclaimer of liability, and simply as an act of grace.

That it was further urged by the Lords Commissioners of the Treasury that the grant-in-aid was made for entirely different purposes, viz., to meet the cost of the present administration, and that it ought not to be devoted to the object under discussion. That, on the other hand, it would seem difficult to refuse to discharge claims of the character mentioned upon the ground that the revenues of the con- quered territory were insufficient when other claims, such as those of the holders of the Transvaal debt, had been dealt with under an arrangement which admitted the insufficiency of the Transvaal revenues to meet the claims, and contemplated their becoming eventually chargeable to a Transvaal loan under an Imperial guarantee.

That Mr. Bertram Cox was accordingly to request us to take these matters into our consideration and to advise you:-

(1) Whether any Imperial grant-in-aid must, when appropriated, be taken to be revenue of the conquered territory for the purpose of discharging all the liabilities of the present Transvaal Government; or if not for all, for any and what liabilities?

(2) Whether His Majesty's Government, if they decline to meet claims on account of salaries due for personal services rendered to the late Government of the Transvaal, could rely on the fact that the revenues of, the Transvaal are insufficient and could maintain that moneys received by the Transvaal Administration from the grant-in-aid of its revenue cannot properly be used for that purpose?

(3) Whether, having regard to the consideration stated in paragraph 5 of Mr. Bertram Cox's letter, His Majesty's Government is equitably bound to provide for the payment of these claims?

(4) Generally.

• No. 60.

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