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PUBLIC RECORD OFFICE

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C.O. 885

PUBLIC RECORD OFFICE, LONDON

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ISLANDS OF THE PACIFIC

The SECRETARY OF STATE: The only other of the miscellaneous questions which romains is the question of the relations of the Conimonwealth and New Zealand with the Islands of the Pacific. That does not, of course, concern Canada or Newfoundland, and I venture to suggest that Sir Edmund Barton aud Mr. Seddon should confor with Lord Onslow upon the point. I have no doubt whatover we shall be able to come to a satisfactory

conclusion.

SETTLEMENT OF SOUTH AFRICA.

Mr. SEDDON: What about Notice of Motion No. 5?

The SECRETARY OF STATE: I beg your pardon, I forgot No. 5; I think you can raise that question, Mr. Seddon.

Own.

Mr. SEDDON: Well, in bringing this matter before the Conference I do not anticipate that there will be any objection, because I find that thể High Commissioner, without the power being given, had practically, or at least to some extent, met the suggestion, and I think that taking the position now with respect to these two Colonies there would be no objection to placing those skilled in the professions now admitted in Canada, the Commonwealth, and Now Zealand on the same footing as those from the Mother Country. I may say that it was quite different when the Colonies and the Cape and Natal had their It does not affect them, but I do think, as far as the now Colonies aro concerned, we ought to give them each an equal opportunity. Surveyors holding surveyors' cortilicates in our Colony t think ought to bo. admitted and to be qualified to act in our new Colonies in South Africa. The same, of course, with members of the learned professions. I know men called that have had to come home and cat some dinners at home here, and qualify here before they can go to practice in South Africa. There is very little difference now so far as I know in the admission. I believe that Great Britain herself has admitted now some of the Colonies, and that is a matter which wo will deal with presently, with respect to New Zealand being excluded. The concession that we asked for by the Mother Country, wo are quito prepared to give, and I think there is a probability of them making the exception to members of the other learnöd professions. But with regard to surveyors, doctors and chemists, we have special laws for them, and special laws relating to surveyors in each of the colonies; if we had the same laws that we could reciprocate, there would be no difficulty, but we think in the first government at all events, of the new Colonies that this should be done, leaving the Colonies later on to pass any laws they may think fit with respect to them. While wo are Crown Colonies we think those ought to obtain, and I ask the Conforence to pass the resolution :--

NG

"That in arranging for the administration of that portion of the Empire known formerly as the South African Republic and the Orange Free State, provision should be made that duly qualified "members of the learned and skilled professions now admitted and "hereafter to be admitted to practice in the Dominion of Canada, the Commonwealth of Australia, and in New Zealand, be allowed to practice within the newly-acquired territories referred to.”

Sir WILFRID LAURIER: So far as the Dominion of Canada is concerned, we have no objection to Canadian lawyers, doctors, and surveyors being admitted in South Africa, but I must confess if I had anything to do with the government of South Africa, the Orange State, or what was the South African Republic, I doubt if I should question the wisdom or propriety of having foreign barristers and doctors admitted to practico their profession in these countries. There may not be much objection so far as doctors aro concerned, us the practice of medicine is the same everywhere. The great objection is to

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the lawyers. It would not be fair to a Canadian lawyer to have' to advise his clients as to the laws of South Africa. This is a question, it seems to me, which. ought to be carefully considored by those who have the responsibility of the government at the present time, because we know that local pride and local jealousies enter into these matters, and whether or not the new community which has been acquired by the war would view with favour the idea that it might be flooded with Canadian lawyers, or Australian or New Zealand lawyers, is a question as to which we ought to have the best advice that can be offered us. If this is consistent with your view (turning to Mr. Seddon Y I would not object at all, but I am sure I would be prepared for my part to accopt advice upon the subject.

The SECRETARY OF STATE: I do not think there is much fear that the now Colonies would be flooded by barristers from the other parts of the Eupire, becauso, as Sir Wilfrid Laurior has implied, the Roman-Dutch law is tho law of the Colonies; and of course a British barrister, educated in this country or elsewhere, is not supposed to be competent to interpret that law, although a certain number make it a special part of their studies. Lord Milner has, as a matter of fact, adopted the principle on which Mr. Seddon insists, subject, however, to a claim for reciprocity, to which I attach great importance, that is to say, for the moment, until definite legislation can be passed or arrangements made, I see no objection to the admitting of those gentlemen, if there are any of them, from the Colonies; but I should certainly be disposed to insist in the future that in any case where such a priviloge has been accorded thoro must be reciprocity on the part of the Colony concerned. At present I may say that Canada has declined to grant such a reciprocity, and therefore stands in a different position to Now Zealand, which is willing to accord the reciprocity.

Mr. FIELDING: In Canada, we have not yet secured reciprocity within our provinces in these matters. Sovoral provincial laws vary, and it is not considored possible to obtain uniformity at present, but wo have moved in that direction in a recent Act.

Sir ALBERT HIME: Thoro is one thing to be said about tho Transvaal, that in the matter of barristers and solicitors they are keeping tho Bar and the solicitors' departments entirely separate. They always have been separate under the old Government, and they still keep them separato. The desire is that they should be entirely separate; that barristers should not be allowed to practiso as solicitors-and that has been one of the difficulties in connection with some of the other Colonies being able to practise there. lu Australia, I do not know that barristers are kept distinct from solicitors and practiso entirely separately, or whether they carry on both solicitors and barristers' practice at one and the same time.

Sir EDMUND BARTON: In Australia?

Sir ALBERT HIME: Yes.

Sir EDMUND BARTON: In New South Wales the professions remain spart.

In most of the other States-if not all-there is an amalgamation.

In some cases it has become almost a dead-letter by practice; in other States it is carried out to the full extent.

Sir ALBERT HIME: I know that to be done in the Transvaal; it is ono of the points laid down.

Mr. SEDDON: I think this resolution is a step in the right direction. Wo ought to try and go as far as we can, and so far as reciprocity is extended

to us.

The SECRETARY OF STATE: And you have no objection to adding words at the end of it, on condition of rociprocal treatment in the Colonies concerned?"

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