CO885-(18-19) — Page 53

PUBLIC RECORD OFFICE

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3. Any person convicted of a contravention of these Regulations shall be liable to a fine not exceeding £5 or to imprisonment with or without hard labour for a period not exceeding three months, or to both such fine and imprisonment.

These Regulations shall come into operation forthwith.

4.

Fort Jameson, April 15, 1907.

SIR,

Enclosure 2 in No. 33.

ROBERT CODRINGTON.

Administrator's Office, North-Eastern Rhodesia, Fort Jameson,

April 15, 1907.

I HAVE the honour to forward herewith, for your consideration, draft Regu- lations entitled "Movements of Natives Restricting Regulations, 1907."

Recent reports from sleeping sickness experts in Katanga show that the Baluba District is heavily infected, and that several imported cases have appeared at Ruwe and Kambove.

On the other hand, the cases formerly recorded on the Luapula and Lake Mweru have died out without, it is believed, establishing any focus of infection, and in this respect the situation is improved, and there appears to be no immediate danger of the invasion of North-Eastern Rhodesia.

It is, however, evident that our natives cannot, for the present, at any rate, be safely employed in Katanga, and I have instructed the Officers of this Adminis- tration to make it well known to all natives that they are not allowed to cross-the Luapula, and I have ordered all ferries on that river to be closed except to Rhodesian natives returning to their homes who must pass through the Medical Inspection Post at Madona.

The authority of this Administration is probably sufficiently well established to make this simple order and warning effective, but should it prove otherwise some provision for the punishment of disobedience will be necessary.

His Majesty's Acting Commissioner,

The British Central Africa Protectorate,

I have, &c.,

ROBERT CODRINGTON.

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Section 2 of the draft Regulation prohibits a native from leaving North-Eastern Rhodesia for any part of the Congo Free State except with the written permission of a Magistrate, &c. If this power were, to some extent, limited, it would appear to me to be less open to objection. I would suggest that provision should be made to the effect that before granting any such permit the proper officer should satisfy himself that the native in question fully understood the danger he was running in going into the Congo Free State, and that the grounds for his going were reasonable, and further, that he should be warned that he would not le allowed to return again into North-Eastern Rhodesia except on such conditions as might be enforced. Should the, Acting Commissioner refer the Regulations to the Secretary of State for the reason already indicated, I should be glad if he would invite His Lordship's attention to the points I have raised.

I have, &c., The Secretary,

21171

British Central Africa Association,

Zomba.

No. 34.

A. K. YOUNG,

NORTH-EASTERN RHODESIA.

Attorney-General.

THE SECRETARY OF STATE to THE ACTING COMMISSIONER OF THE BRITISH CENTRAL AFRICA PROTECTORATE.

(Sent 3 p.m., June 19, 1907.) TELEGRAM.

[Copy to Foreign Office, June 21, 1907. L.F.]

June 19. No. 18. Referring to your despatch, No. 113, 3rd May,* I approve North-Eastern Rhodesia Movement of Natives Regulations as drafted by Adminis- trator.-ELGIN.

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Reference :-

C.O.885

18 PUBLIC RECORD OFFICE, LONDON

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

SIR,

Zomba.

Enclosure 3 in No. 33.

Attorney-General's Office, Blantyre, April 25, 1907. ADVERTING to your letter of the 24th instant, I have the honour to state that the object of the draft "Movements of Natives Restricting Regulations, 1907," being as their title implies, to impose certain restrictions upon the natives of North- Eastern Rhodesia with respect to their movements out of the territory for any part of the Congo Free State; the proposed regulations appear to me to fall within the meaning of Section 39 of the North-Eastern Rhodesian Order in Council, 1899, which provides that no restrictions shall, without the previous consent of the Secretary of State, be imposed upon the natives by regulation which do not equally apply to persons other than natives, with certain exceptions, not including restrictions of the nature proposed. Itywill, therefore, be necessary, in my opinion, to obtain the consent of the Secretary of State before the regulations are brought into force.

So far as the question goes as to whether the Regulations in themselves are in order; if they were applicable to a civilised community I would say that they were. ultra rires on the ground that they unduly interfered with the liberty of the subject. The State is justified in preventing persons coming from an infected area or zone declared to be so from entering its territory except under certain conditions, but would it in the ordinary course of things be justified in preventing persons within its territory whose intention is to enter an area or zone known to be infected from passing out? I think not; on the other hand, the Regulations in question apply to an uncivilized and ignorant community, and are intended to benefit and protect them and humanity generally; and on this ground it might be argued that legal sanction should be given to a measure controlling their movements in some extent.

No. 35.

NORTH-EASTERN RHODESIA.

THE BRITISH SOUTH AFRICA COMPANY to COLONIAL OFFICE.

(Received June 21, 1907.)

SIR,

I AM directed to forward, for the information of the Secretary of State, the enclosed copy of the minutest of a meeting of my directors, held on the 13th instant, together with the documents relating thereto.

I am, &c.,

2, London Wall Buildings, London, E.C., June 20, 1907.

SIR,

A. P. MILLAR,

Assistant Secretary.

Enclosure in No. 35.

(Annexure 5.)

(Received June 10, 1907.)

Administrator's Office, North Eastern Rhodesia,

Fort Jameson, April 29th, 1907.

I HAVE to confirm my cablegram of 11th April reading as follows:-

Sleeping sickness. Neave's reports are unfavourable. Decided for the present North-Eastern Rhodesia natives must not be employed Congo Free State. Noble has been invalided. Assistance urgently required. Reply by telegram to our letter of 2nd February."

I forward a copy of Dr. Neave's report, from which it is evident that Rhodesian natives cannot, for the present at any rate, be safely employed in Katanga. At the same time there appears to be no immediate danger of the invasion of this country.

• No. 33.

↑ Not printed.

Annexure 5 only printed.