612
conjecture only, will show conclusively that a grievous injustice has been done to us, and yet, Mr. Secretary Lyttelton states that Governor Nathan's decision must be final, notwithstanding that the terms of reference required that the amount of compensation should be justly arrived at.
Against this decision I have appealed to the new Secretary of State for the Colonies, the Earl of Elgin, who, it is stated sees no reason for departing from the decision of his predecessor.
10. This injustice could not have been done but for the passing of an Ordinance containing a clause which could not have found a place in an Act of Parliament, empowering the Governor to take away the rights of a Crown lessee without paying adequate compensation, or even any compensation at all, if he in his absolute discretion thinks fit, a discretion with which the Privy Council has decided no Court of Law can interfere.
By this decision and the refusal of two Secretaries of State for the Colonies to exercise their prerogative and insist upon Governor Nathan carrying out the provisions of the Ordinance, as defined by Governor des Voeux and the Courts of Law, and, as you have stated that the case does not appear to be one for a "Petition of Right", no course is left open to us than the Petition to His Majesty the King as suggested by you, asking for relief in the circumstances in which we are placed, and with further information now given and in our letter of the 8th September, 1903, His Majesty may be pleased to command that "Right be done" and in that belief, and seeing that three Governors have failed to assess the amount of compensation fairly, from the facts in evidence, I would suggest, with all due respect, that
the
$
612
conjecture only, will show conclusively that a grievous injustice has been done to us, and yet, Mr. Secretary Lyttelton states that Governor Nathan's decision must be final, notwithstanding that the terms of reference required that the amount of compensation should be justly arrived at.
Against this decision I have appealed to the new Secretary of State for the Colonies, the Earl of Elgin, who, it is stated sees no reason for departing from the decision
of his predecessor.
10. This injustice could not have been done but for the passing of an Ordinance containing clause which could not have found a place in an Act of Parliament, empowering the Governor to bake away the rights of a Crown lessee without paying adequate compensation, or even any compensation at all, if he in his absolute discretion thinks fit, a discretion with which the Privy Council has decided no Court of Law
can interfere.
By this decision and the refusal of two Secretaries of State for the Colonies to exercise there prerogative and insist upon Governor Nathan carrying out the provisions of the Ordinance, as defined by Governor des Voeux and the Courts of Law, and, as you have stated that the case does not appear to be one for a "Petition of Right", no course is left open to us than the Petition to His Majesty the King
as suggested by you, asking for relief in the circumstances
His
in which we are placed, and with further information
5th now given and in our letter of the 8th September, 1903, Majesty may be pleased to command that "Right be done" and in that belief, and seeing that three Governors have failed to assess the amount of compensation fairly, from the facts in evidence, I would suggest, with all due respect, that
the
$
No comments yet.
Private notes are available after approval.