Page:Picturesque New Guinea.djvu/379

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REPORT BY G. S. FORT.
161

Special Commissioner, the following is the conclusion of a legal opinion obtained from the Hon. Mr. Griffith, Q.C., Queensland, given as Q.C. and not as Premier:—

"I am therefore of opinion that General Scratchley has at present no legal jurisdiction and authority of any kind, except such as he can exercise as a Deputy Commissioner for the Western Pacific; and in particular that he has no power to make any regulations having the force of law, or to impose or collect any taxes or license fees upon exports or imports, or otherwise to exercise any legislative or judicial functions in the Protectorate."

With reference to the second point, and especially the relation of the Imperial Officer and the Australasian Governments, the following is the written opinion of Sir Peter Scratchley:—

"A Crown Colony, with the simplest machinery for its government, will probably be the best. The judicial powers of the Governor should be such as to enable him to deal summarily with minor offences, and to remit, say to the Queensland Courts, offences of a more serious nature. Everything will, at first, be necessarily of a tentative character.

"What proportion of the expense of the cost of government will be borne by the Imperial Government? This is of paramount importance. If the whole of the expense is to be borne by the Colonies, the Imperial Government will practically have no control, and I foresee that a deadlock must eventually arise between the Imperial officer and the Australasian Governments.

"The exercise of tact, patience, and diplomacy will keep matters going for the first two or three years; but the deadlock will ultimately occur, as he will be dealing with half-a-dozen Governments, all holding more or less divergent views."

With regard also to the method of contributing, Sir Peter Scratchley writes as follows:—

"The ignorance of the intentions of the Colonial Office as to the future; creates difficulties in the colonial Governments coming to an agreement with the Imperial Government on the subject of the cost of governing British Now Guinea.

"Until full information is given on all points, there is little prospect of a permanent settlement of the question, and the policy of the Australian colonies will continue to be of a hand-to-mouth character.