CO885-8 — Page 192

PUBLE RECORD OFFICE

Reference :-

C.O. 885

8

Trinidad, 5997/76.

Straits, 8107/78.

Immigra- tion, Grenada, 17231,82.

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South Africa, 10089/88.

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In 1876 Sir Henry Irving, Governor of Trinidad, drew attention to the desirability of extending the Ceylon Rule to other Colonies. The idea was not very favourably received and the paper was hung up for two-and-a-half years until the subject was brought up again owing to a scandal caused by land speculations in the Straits survey department, reported in 1878, and there was a good deal of discussion, Sir R. Herbert summing up finally, "It is well

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to prevent civil servants from being directors or managers of non-agricultural undertakings, but it is impossible to make it a rule that a man may not farm his own property; and "in fact I believe very many civil servants, especially in the West Indies, own plantations."

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This view endured until Sir E. Wingfield took the matter up. The question arose again in connection with the employment of indentured coolie labour by Police Magistrates on their plantations in Grenada. After two years o circular (24/6/84) was sent to Crown Colonies asking for a return of estates (1) owned and (2) managed by civil officers. The replies showed that the number who personally managed their estates was not considerable except in Jamaica and Trinidad. The decision come to. was that no salaried public officer should be allowed to cultivate or occupy for profit, except through an attorney or agent, any land of greater extent than 20 acres or more than six miles from his residence; and that no magis- trate who might have to adjudicate between indentured labourers and their employers should be allowed to employ such labour in his district. These instructions were embodied in circular of 2nd February, 1885.

Very little notice was taken of this circular and it remained practically a dead letter in Hong Kong and the Straits, though some rules, which I have not traced, seem to have been issued in some West Indian Colonies.

The next important decision had no reference to precedent. It arose out of a grant by Chief' Montsics of 36 square miles of land within the Bechuanaland Protectorate to Mr. Wright of the Civil Commissioner's Office. Sir J. Bramston pointed out that, while there is not in civilized Colonies the same objection to civil servants (not in the Lands or Survey Department) speculating in land, it would not do in places like Bechuanaland and it was ordered by despatch of 7th June, 1888, that a public notice should be issued that no public servant might accept such a grant, might engage in specula tions in land, or might acquire any immovable property for other than occupation purposes. The first prohibition also applied to immediate relatives.

Some objection was raised, but no real relaxation was allowed, the despatch of 20th

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COLONIES.

The first order on the subject of civil servants engaging in trade appears to have been made in Ceylon in consequence of the discovery that they used to own and manage plantations to the detriment of the public service, resulting This brought Occasionally in public scandal.

about a Minute, dated February 16th, 1846, forbidding Ceylon civil servants to acquire land, except when attached to a dwelling-house and not cultivated for profit.

In 1863, grave inconveniences in South Africa having been caused by private trading on the part of civil servants, representations were made by Sir P. Wodehouse, then High Commissioner and Governor of Cape Colony, and by despatch of the 24th April, 1863, officers employed in the receipt, issue, or custody of public monies were prohibited from being concerned in the manage- ment of any bank, railroad, or other commercial undertaking. The rule was shortly afterwards applied to Natal, and in a circular addressed to the non-responsible colonies (30th April, 1863) the opinion of Governors generally was desired. It appeared from the replies that the practice was common, but it was decided (see circular of 17th December, 1864) that thereafter no salaried directorship public officer should accept a without leave from the Governor, approved by the Secretary of State, and warning was given that as a rule permission would be withheld. Life assurance companies were, under certain circumstances, excepted.

The question did not arise again till 1875, Mauritius when a firm in Mauritius petitioned with regard 1338/75. to the position of Dr. Brooks, & Government official, who had a practical monopoly of the coal trade of Mahé, Seychelles. This was stopped, and by circular of 24th Apell, 1875, a new rule 76. of the Colonial Regulations prohibited krled wffbers from engaging in trade or con-

themselves with my commercial under- #illut deniction. A very similar case, Tobago

oddurrtë eight years later in Tobago, 18865/82.

13677

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