CO129-223 - Governor Sir Bowen Acting Governor Marsh & Others - 1885 [11-12] — Page 127

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"you can live cheaply, open a shop, or sweep a crossing; whatever you do we "shall pay you your money; but if you presume to enter the service of a British "Colony, to utilize your experience for the benefit of British Colonists, and "receive their pay, we shall, for your presumption, mulet you of the pension "you have earned?”

of your retired pay, as you were &

7. Such seems the doctrine of the War Office. How differently the sister

true that service under the Admiralty is treated? A naval officer, once retired on a

male, pension, is never interfered with. How many of these officers are now employ-

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ed at home and in every Colony as Magistrates, Commissioners, Harbour

Masters, &c., who receive their pensions without question, in addition to the

salaries of the work they do? Official records show it. I could quote many

instances, from retired Vice-Admiral Count Gleichen, with his £1,200 a year as Constable of Windsor Castle, to retired Commander Rumsey, Harbour Master at

tet Hongkong, who so draw their pensions or have accepted commutation. Had I myself served in the Royal Marines instead of in a line Regiment, too question

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would have been raised as to my pension, even had I been seconded 10 or 15

years.

8. As far as I can understand the correspondence in this case, and from

information I received verbally at the War Office, it appears that the suspension of my pension is based on the Appropriation Act of 1870. On studying this Act I came to the conclusion, and in this I have been supported by legal

opinion, that the Act does not apply to me. This Act was passed long before compulsory retirement from the army was introduced. It refers to officers on half pay---on whom Government has a lien for further service, if required— not to officers pensioned off as superannuated. But even if applicable to me, the intention of the Act evidently is, that a retired officer can draw his retired pay, if the pay of a Civil situation he may hold does not exceed three times his retired pay, which mine does not. I am further advised that the intention of this Act was evidently to prevent double salaries being paid out of the British Exchequer to persons of influence without the consent of the Lords Commis- sioners of the Treasury, but that it was never intended to apply to remuneration for work done, paid by a Colonial Treasury from funds derived from other sources than British taxation.

9. The late Government, however, decided that I was not to receive my pension while under the Colonial Office. I beg respectfully to appeal from the late to the present Government, and I trust the Secretary of State will support my appeal. I venture to think that the late Government, had it remained in office, would, on reconsideration, have reversed the cruel decision of the War Office. Even if legal grounds were found to support the decision arrived at, grounds in equity would have certainly pointed in an opposite direction. I

appeal to the opinion of a distinguished statesman and member of the late

ared that I know of.