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PUBLIC RECORD OFFICE

Reference :-

C.O. 8

885

8

PUBLIC RECORD OFFICE, LONDON

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

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expression of regret for the inconvenience caused; but by quoting it as an instance of departure from instructions," he places it on a different footing. In effect, the question raised is whether, when we or our expert advisers detect apparent errors in a requisition, or find that the intended purpose can be better or more economically attained in some other way, we should take these matters into consideration with a view to modifying the order accordingly. In other words, are we to use discretion, furthering to the best of our ability the interests of the Colonies, or to follow mechanic- ally the exact instructions received?

10. As an instance of the sort of question which arises, I may mention that a Colonial Government ordered a steam launch, giving precise dimensions in the specification which they sent to us. After the contract had been let, our Consulting Naval Architect reported that on going closely into the matter he found that with the specified dimensions the launch would not have sufficient stability., He therefore recommended that her beam should be increased from 6 feet 6 inches to 7 feet 6 inches, and her depth reduced by three inches, which the builders undertook to do without extra cost. In these circumstances we agreed to the alteration, and no objection to our having done so was raised by the Colony. Indeed, as the Governor subse- quently complained, though we believe on insufficient grounds, that the launch appeared deficient in stability, it may be presumed that strict adherence to our in- structions would have produced an unfortunate result.

11. In addition to the matters of a highly technical character on which the Consulting Engineers advise us, there are so many cases of an every-day character in which an absolute adherence to the terms of the order would be impossible or absurd, that we cannot think the Secretary of State will lay down a rule that we are never to depart from our instructions. As a rule the variations which we permit ourselves to make are matters of common sense, directed by the information which we obtain, and though of course there is always the possibility of a mistake when a variation is made, we feel sure that it is better to take the risk of occasionally failing to meet the wishes of a Colonial Government than to incur the enormous practical inconvenience which would result from a literal compliance with every order. Where the variation is made on the advice of a Consulting Engineer, we consider that we are covered by his authority, subject to the question of expenditure. Instances of the cases in which we endeavour on our own responsibility to correct mistakes or make improvements will be given in our account of our system.

12. The question is, however, one of policy, and though we have no wish to alter the system, and believe that the alteration would result in much unsatisfactory expenditure, yet it would save us, of course, responsibility and correspondence, and we are quite prepared to adopt it if so instructed.

12A. We would refer here briefly to the two observations contained in the replies, which seem to indicate an opinion that the representations of the Colonies are not always given their proper value at home. One is Sir F. Swettenham's state-

ment that when the Crown Agents exercise their discretion in departing from the instructions sent to them, and the Colonial Government complains, the Crown Agents appeal to the Colonial Office with almost invariable success. It is true that the Colonial Office usually supports a recommendation which we make to it, but we have always found that an entirely independent view is taken. But in such cases the Colonial Office, like ourselves, have regard to general rules and the interests of all the Colonies, and the considerations involved are often of a wider range than the particular case would seem to suggest.

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13. The other observation that made by the Governor of Sierra Leone, that dissatisfaction is not infrequently caused by a tendency which, rightly or wrongly, is attributed to the Crown Agents to attach more importance to the excuses or denials of incriminated agents or firms than to the remonstrances of Colonial Governments, who believe themselves to be aggrieved by delay or by mismanagement in the exccu- tion of their orders." Sir C. A. King Harman adds that he lays no great stress on this criticism, but we can believe that he sums up in a few words what is a frequent feeling. If such an impression exists, it must arise from the fact that it is almost a daily occurrence for us to be placed in the position of having to decide whether a complaint made by a Colonial authority against a contractor is sufficiently supported by particulars as to justify us in pressing a claim against the contractor. plaint is, in occasional cases, of the quality of goods, hut in the great majority of

The com-

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cases it is a question of packing and shortages. We need not trouble the Secretary of State with details of this matter; it may be put shortly that, as a rule, the evidence is conflicting, and that the evidence sent from the Colonies is often not strong enough to warrant our insisting on the free replacement of goods, much less attempting to enforce the demand at law. Our own impression is that breakages are, in most cases, more attributable to rough handling in transit than to any other cause, but the ordinary bill of lading protects the ship-owners against any claim on this account, so that in the case of fragile goods, which cannot be insured except at prohibitive rates, there is nothing for it but to claim, if any claim is to be made, from the suppliers. We would assure the Secretary of State that every complaint of this kind is fully and carefully considered, and that repayment or replacement is exacted when- ever we think that the ease is reasonably made out. We fully appreciate the irritation which must be caused by such losses to Government Departments, and the anxiety to have them made good. But to press such claims where there is no evidence of negligence or the like on the part of suppliers except the fact of a breakage in transit would obviously be unjust, and would set up a feeling against us which would be detrimental to all the Colonies for which we act. We may add that we are con- stantly considering and settling new methods of conveying and packing different articles with a view to securing greater immunity from accidents.

14. In these and all other matters where much detail is gone through by us which it is impossible to report, and where, therefore, some misunderstanding and some want of harmony may easily arise, it seems to us that much might be done to overcome the difficulties caused by distance, to place us in closer touch with the wishes of Colonial Governments, and on the other hand to bring home to Colonial officers the conditions under which we have to work, if such officers when on leave in this country could arrange to visit this office more frequently and discuss matters with which they are concerned.

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15. We now proceed to the statement which you request of our mode of trans- acting commercial business. We enclose a printed proof copy of notes for the Enclosure guidance of our Works Department, which gives a full account of the manner in which, A. indents are dealt with by that Department. The General Stores Department is governed by similar rules. Shortly, it may be said that when an indent is received it is registered, and then the various items are examined and grouped together in as many orders as are required. An indent frequently contains numerous items, and has to be apportioned amongst several makers. In this process questions as to the construction of the indent are dealt with. The difficulties can only be explained by a few examples of an every-day character, which we take from recent papers.

16. Sometimes the wording is such that the meaning has to be conjectured. Thus the following item appears in à West African indent

Article.

Quantity,

Rate.

Estimated Cost.

White cotton waste, from Messrs. Joseph Cook, in best dark neutral lint goggles, fitted with rooks,

cwt... 2

25

SU CI

8. 10

We have thought this to mean the supply of two cwt. of white waste from Messrs. Joseph Cookson (rate 23s.), and one pair of dark neutral tint goggles with curl sides (12s. 6d.).

17. Sometimes the demand, though clearly expressed, is one which it seems unreasonable to carry out: thus, we have been asked to despatch :—

'One drum 1 in 100 Atlas Preservative at 2s. 6d.”

No such preparation is made, and it practically means shipping a drum of water, the preservative being so greatly reduced.

18. It not infrequently happens at this stage that questions arise owing to ap parent clerical errors in the indents; thus very large quantities are sometimes inserted through tons having been written instead of hundredweights or pounds; items are accidentally repeated, and so on. In these cases our practice is to send what appears to be reasonable, and at once report our action to the Colony. For example, in a recent requisition for various sizes of corrugated iron, 500 sheets of a particular size