The Bill, therefore, as to representative institutions would now read “elective representative institutions founded on the Parliamentary franchise”.
Your Memorialists humbly venture to think that the present Bill, so far as the Indian community and, indeed, all the communities are concerned, is worse than the Act it repeals.
Your Memorialists, therefore, feel aggrieved that you have been pleased to approve of the Bill, but they trust that the facts and arguments placed before you hereinbelow are such as would induce you to reconsider your views.
Your Memorialists have all along contended that the Indians did enjoy “elective representative institutions” in India. But the papers published in connection with the franchise question seem to show that you do not think that the Indians possess such institutions. With the greatest deference to Your Honour’s view, your Memorialists crave leave to draw your attention to the extracts quoted in the annexure ‘A’ upholding the opposite view.
Your approval of the present Bill, coupled with the view held by Your Honour regarding “elective representative institutions” in India, places the Indian community in Natal in a very painful and awkward position. Your Memorialists venture to submit:
- 1. That no legislation restrictive of the Indian franchise in Natal is necessary.
- 2. That, if there be any doubt with regard to this point, an enquiry should be first instituted as to whether such a necessity does exist.
- 3. That, assuming that the necessity exists, the present Bill is not calculated to meet the difficulty in a straightforward and open manner.
- 4. That, if her Majesty’s Government are absolutely satisfied that the necessity exists and that no Bill could be conceived that would solve the difficulty without a resort to class legislation, it is better that in any Franchise Bill the Indians should be specially named.
- 5. That the present Bill is likely to give rise to endless litigation owing to its ambiguity and vagueness.
- 6. That it would involve the Indian community in expenses almost beyond their control.
- 7. That assuming the Bill affects the Indian community, the method provided in the Bill whereby any member thereof may be exempted from its operation is, your Memorialists respectfully
