CO129-429 - Public Offices & Others - 1915 — Page 263

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Mr Risley. (See also Crepes delay in dealing

9576.4

with this

int then prezent difficult, & the promin St Helena of work very bread ]

7905

I imagine that we shall support the Governor

in this controversy and if we are to do this it appears undesirable to adopt either the proposals made in paragraph 4 of the "ar Office letter for a reference to the Law Officers or the suggestion in paragraph 5 that we should enact local legislation similar to the Defence of the Realm Regulations. If we go to the Law Officers and they decide against us our position will become hopdess and new legislation on the lines proposed will give the Covernor's case

F

away entirely. It seems best therefore to argue that the intention of the Order in Council is clear

and als favours the Governor's contention, a Cerepil study cyste provisions on

and afte

hazar Romy Cast

I am

our interp

to say that I think our position iş ambay

It will be seen from "para 5 of this letter that strong. apree with of the words "for the purposes of the Army Act",

and

>

I have tried gebed

The

to

ascertain from the earlier history of this Order in

Council what the intention of the framers of it was.

This has been a matter of extreme difficulty.

Order in Council was as will be seen from 454 of

1891 Windwards General, originally founded on the

Gibraltar and Malta Ordinances. The Leneral

papers throw very little light upon the intentions

of the framers of the General draft and owing to

the way in which Gibraltar and Malta have been

251

passed from one Registry to another during recent years it has been impossible to complete the file with regard to the Gibraltar and l'alta Orders, although Mr. Scott, Mr. Flood,Mr. Williams and Nr. Allen have all searched the Secret papers. All the papers which have been discovered on the subject will be found below. As to the contents of these papers,

42 of 1890 which appears to have contained the original draft of the Order in Council cannot be found. The draft, however, will be found on 84 of 1890 with red ink alterations suggested by the War Office. It will be seen that the original draft refers only to persons within the fortifications of l'alta but that the War Office substituted 'island' for 'fortifications' In other respects Article 3 (1) of the draft does not differ materially from the first paragraph of Article 3 (1) of the Order of 1896. The draft was approved by the Law Officers on 105 of 1891 subject to an amendment making Article 3 (1) apply only to British subjects or aliens who had had an opportunity of leaving the Island after the issue of the Proclamation. "hese two papers perhaps suggest that a very wide view was taken of the effect of the Article in question. On 121 of 1892, however, there will be found two very useful memoranda by the Chief Secretary to Covernment.

I may call special attention to paragraph 5 of

the written memorandumwhich states that in proclaiming

martial law it would be announced that civil law would

go on being administered as usual and only disturbed

To if considered necessary by the Governor, and

paragraph

3 of the typewritten memorandum which states that the

Proclamation of what is called martial law will imply

passed

that