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PUBLIC RECORD OFFICE

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C.O. 885

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

15 PUBLIC RECORD OFFICE, LONDON

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of the Chinese Government in the transaction-the forwarding of the goods-is sufficient to warrant the accusation that China, as a State, is assisting in the supply of provisions to the Russian Army.

Report.

I have, &c.,

CHARLES HARDINGE.

We answer this question in the hegative. It is, in our opinion, no infraction of the duty of neutrality if, in the ordinary course of traffic, goods are conveyed by a State railway, although these goods are intended for the forces of a belligerent. It is clear that there would be no infraction of neutrality if the railway belonged to a Company, and when a State works a railway it does not cease to act as a neutral by permitting the use of the railway in the ordinary course. No preference must be given to one belligerent over the other, and special facilities out of the ordinary course would raise different considerations.

Royal Courts of Justice,

April 6, 1904.

R. B. FINLAY. EDWARD CARSON.

14474

No. 221.

(VICTORIA: NEW SOUTH WALES.)

LAW OFFICERS to COLONIAL OFFICE.

[Whether certain Electoral Boundaries Acts should have been reserved, &c.]

Royal Courts of Justice, SIR,

April 23, 1904. WE were honoured with your commands signified in Mr. H. Bertram's Cox's letter of the 24th of March last, stating that he was directed by you to request us to report upon certain questions arising with reference to three Acts, two passed by the Legislature of Victoria, and one by the Legislature of New South Wales.

That he was to transmit to us the two Acts of the Legislature of Victoria, numbered respectively 1895 and 1896 of 1903, the former entitled the Electoral Districts Boundaries Act, 1903, and the latter the Electoral Provinces Boundaries Act 1903. That those Acts had been passed in pursuance of an Act No. 1864 of 1903 entitled the Constitution Act, 1903, enacted by the Victorian Legislature to provide for the reform of the Constitution. That a copy of the Constitution Act was enclosed, together with copies of the earlier Acts of the Legislature of Victoria, which had been superseded by the Acts to which our attention was called. That under the Act of the Imperial Parliament 5 and 6 Vict. Cap. 76, sec. 31 all Bills altering or affecting the divisions and extent of the several districts or towns which should be represented in the Legislative Council, the single Chamber then existing, or establishing new and other divisions of the same, were directed to be reserved, and that by section 32 of the Imperial Act 13 and 14 Vict. Cap. 59, all Acts which concerned the election of elected members of the then existing Legislative Councils were to be reserved and laid before Parliament. That by section 3 of the Victorian Constitution Act 18 and 19 Vict. Cap. 55 passed by the Imperial Parliament, the provisions of 5 and 6 Vict. Cap. 76 relating to the reservation of Bills were applied to Victoria, as were also the provisions of section 32 of 13 and 14 Vict. Cap. 59.

That Mr. Bertram Cox was to transmit to us prints of various reports of the Law Officers on the questions arising, together with a memorandum prepared in the Colonial Office on the general question of the reservation of Australian Bills.

That with regard to the third Act on which our report was requested, he was to enclose a copy of the Act in question No. 1 of 1904. passed by the Legislature of New South Wales, the short title of which was the Electorates Re-distribution Act, and of telegraphic correspondence which had passed between the Governor and yourself. That it would be seen that the Governor hesitated to assent to the Bill but that, under the power conferred by the Act of the Imperial Parliament 7 and 8 Vict. Cap. 74, section 7, instructions were sent on behalf of His Majesty to the Governor to assent to the Bill, and that it was, therefore, presumed that it was not necessary for the Governor to reserve the Bill.

That Mr. Bertram Cox was to request us to take the above matters into our consideration, and to advise you:-

(1.) Whether the Acts 1895 and 1896 of the Victorian Parliament should have been reserved?

(2.) Whether those Acts were Acts which should be laid before Parliament? (3.) What course should now be taken with respect to those Acts?

(4.) Whether the Act of New South Wales, No. 1 of 1904, should be laid before Parliament, or whether it was only necessary to intimate that His Majesty would not be advised to disallow?

(5.) Generally.

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

Report-

That questions (1) and (2) we answer in the affirmative.

(3.) These Bills should be reserved and laid before Parliament. If they have been assented to already, without reservation, validating legislation may be

necessary.

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