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ment more as an opportunity for private gain than as a vehicle for service to the community or to the Government.'

21. In answer to our Chairman Mr. Forrest further explained:

**Q.

After further discussion the question went to the Governor in Executive Council on 24th December at a meeting at which you were present, and the decision there was- The Governor in Council considered the question of the proposed grant of a monopoly for photography and secretarial work in connexion with the pre- paration of applications for immigration documents. It was agreed that the proposed long term monopoly should not be granted but that there would be no objection to the selection of a few authorized agencies by the method of tender, on short term contracts.' That was the position on 24th December?

A. Yes.

Q. It is not quite clear to me how, after that decision and in the light of that decision, the agreement between yourself and Mr. Kobza of 22nd January came to be entered into?

A.

Q.

I don't think that agreement can be construed in any way as monopolistic.

There would be no objection to the selection. of a few authorized agencies by the

method of tender, on short term contracts.'

A. It is not brought under that clause at all. As I explained in my memorandum this morning, having considered this alternative possibility offered by the Executive Council, I felt that I could not adopt it because it was open to many of the same objections as existed in the case of the competing agencies already in existence. I saw the Colonial Secretary about it and through him sought an interview with His Excellency the Officer Administering the Government at which Mr. N. L. Smith was also present. It took place in Government House-I cannot deter- mine the date, unfortunately. I ascertained from His Excellency that his reading of the resolution of Council was that it left it open to me to make such arrangements with agents as I wished. It did not prohibit me categorically from anything except the grant of a monopoly-and that I maintain I have not given.

CHAIRMAN:

+

The words by method of tender, on short term contracts were to be ignored?

Mr. FORREST:

No. They said that a monopoly should not be given. Another method was unobjec- tionable, but they did not say that that other method was exclusive.

Q. Did you report that to Government? Did you write a confirming minute to the

Colonial Secretary referring to the interview and the decision?

A. No, I did not. It is obvious to me and everybody else that the institution of a

general agency could not be kept hid.

Q. It strikes me as rather an unusual form of agreement. It is an agreement between

yourself and Mr. von Kobza, not between Government and Mr. von Kobza.

A. Myself as Immigration Officer.

Q. Yourself, the Immigration Officer, yes. And it is prepared by an independent firm of

solicitors. Did you approach the Crown Solicitor about it?

A. No. I did not intend to employ solicitors at all. I drafted that almost as it stands-

a few verbal changes excluded-and I sent it to Mr. Kobza for his consideration and he, without consulting me, took it to solicitors who engrossed it.

Q. Did you take any advice from any of the Government advisers on the terms of this

agreement?

A. No, sir.

Q. Did you make any report before you actually signed this that you intended making

such an agreement?

A. No, sir.

Q. When you had made it, did you send a copy either to the Secretariat or to the Crown

Solicitor for their record?

A. No."

22.

The main provisions of the agreement are:-

(a) It is made between Mr. Forrest as Immigration Officer and Mr. Kobza on 22nd January,

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