CO129-391 - Acting Governor Claud Severn Governor Sir May - 1912 [7-8] — Page 50

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I now come to the question of the extra work, which seems to have 48 bear completely misunderstood. And first I may say generally with regard

to it that if there has been a little less suspicion, a little less

reticence, and a greater desire to get at the truth of the question

defini

意

and to understand my point of view,' there would have bear no difficulty

in adjusting it. I have all along carefully refrained from making a

definite claim until I was forced to by the non-possumus attitude of

the Government; when I first mooted it to Sir F. Lugerd, long before

the work had attained the proportions to which it subsequently attained,

I realised the delicacy of the question, but I anticipated that the

Council would deal with it as an honourable man deals with such a ques-

tion, and would themselves propose the proper solution of it. If a

man in the ordinary affairs of life gets more from his bargain with a

workman than he ever anticipated, and the workman gives more than he

ever anticipated, the honourable man acknowledges it and recompenses

the workman accordingly. The law deals with the question by recogni-

sing the right of the workman in a quantum meruit. I hardly believed

that it would be necessary to go further. The additional work was

done and was accepted, inevitable, when there was no possibility of

stopping, when we all had come to acknowledge that we had started on

plain an almost limitless pinne of reforming the laws, and that it was abs0-

lutely necessary to go on. I have intimated over and over again that I

was quite ready to submit the question to any unofficial gentlemen

and to accept their decision. The gentlemen I have always had in my

stand mind were Sir Kai Hokai and Mr Pollock. They at least would underatná

what K was taling about whereas I felt that I might write reams with-

out making an official with no knowledge of legal work begin to under-

stand the question; he would never get # away from the point that a

contract having been entered into must be carried out, which has noth- ing to do with the present question. I imagine that Sir F. Lugard felt this himself, for he wrote me that the Council had decided that when

the whole work was finished the Council would consider the question "fairly", and he also acknowldged that the work which had been done far exceeded what he had ever anticipated. The Council's present idea

of"fairness" is to reject the claim altogether.

#

I really do not know how to make the preliminary point clear in wri- ting, but I must try, because the Government will not talk it over. Reading the proofs for simple revision such as was at first contempla-