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BRITISH GUIANA' FIRST LEGISLATIVE COUNCIL FIRST SESSION 1954 - 1955 I MINUTES of the Proceedings of a meeting of the Legislative of the Colony of British Guiana under the British Guiana 1953, Order in Council, Provisions) (Constitution)(Temporary held in the Chamber of thelLegislature ings, Georgetown, Demerara, at the Public Build­ Council AT 2.O(D P.M. on FRIDAY, 4TH MARCH, 1955.

PRESENT: His Honour the Speaker, Sir Eustace Gordon Woolford, O.B.E., Q.C.
Ex-Officio Members The Honourable The Honourable The Honourable the Chief Secretary, General, the Attorney Secretary, the Financial Mr. F.w·� Holder, C.M.G., Q.C.

Mr. W.O.

Fraser, O.B.E.

Mr. F.D.-Jakeway, O.B.E.

Nominated Members of Executive Council The Honourable Sir Frank McDavid, (Member for Agriculture, Forests, C .M .G., C.B".E.

Lands and Mines).

The Honourable P.A.

Cummings (Member for Labour, Health and Housing).

The Honourable w.o.R.

Kendall (Member for Communica tions and Works).


The Honourable G.A.C.

Farnum, O.B.E.

(Member for Local Government, Social Welfare and Co-operative Development).

The Honourable The Honourable The Honourable G.H.

Smellie R.B.

Gajraj R.C.

Tello Deputy Speaker Mr·.

W.J.

Raatgever, C.B.E.

Nominated Officials Mr. W.T.

Lord, I.S.O.

Mr. J.I.

Ramphal Nominated Unofficials Mr. T � Lee Mr. W�A.

Phang Mr. C.A.

Carter Rev.

D.C.J.

Bobb Mr� H. Rahaman Miss Gertie H. Collins Mrs. Esther E. Dey Dr.� H.A.
Fraser .Lt·o Col. E.J.

Haywood, M.B.E., Mr. R.B.

Jailal Mr. Sugrim Singh T.D.

-Mr� I. Crum Ewing.

Clerk of the Legislature Clerk of the Legislature Assistant Absent Mr� L.A. Mr� W.A.

Macnie, C.M.G., O.B.E.

-on leave.

Mr·.

E .F.

Correia -on leav(;!.

Luckhoo, Q.C.

-Mr. E.V.

Viapree (Ag.)

The Speaker read prayers·.

- 2 - CONFIRMATION OF MINUTES The Minutes o!.'

the Meeting held on Thursday, the 24th of February, 1955, as printed and circulated, were taken as read and confirmed.
ANNOUNCEMENTS The Speaker announced that Mr. Macnie had asked to be excused from attending that day's meeting.

PRESENTA TION OF REPORTS AND DOCUMENTS The following d ocuments were laid on the table:- (i) By the Financial Secret�: The Sixty-Fourth Annual Report of the Chamber of Commerce of the City of Georgetown, Demerara, British Guiana for the y ear ended 31st December, 1954.

(IC No.

190/1 III).

(ii) By the M.fil!lber for Communications and Works: The Telephone (Amendment) Regulations, 1955.
( FT 94/14/3/2 IV).

GOVERNMENT NOTICES BILLS The Member for Agriculture, Forests, Lands and Mines gave n otice of the introduction and first reading of the following Bill: A BILL intituled AN ORDINANCE FURTHER TO AMEND THE DRAINAGE AND IRRIGATION ORDINANCE, 1940.

(Bill No.

12/1955 published 26.2.55).


The Member for Local Government, Social Welfare and Co-operative Development gave n otice of the introduction and first reading of the following Bills: (i)A BILL intituled AN ORDINANCE FURTHER TO TOWN COUNCIL WITH RESPECT TO THE PAYMENT AMEND THE GEORGETOWN ORDINANCE OF A GRAT ITY WHERE AN OFFICER OR SERVANT DIES IN THE SERVICE OF THE GEORGE110WN TOWN COUNCIL.

(Bill No.

10/1955 published 26.2.55).


FURTHER (ii)A BILL intituled AN ORDINANCE TO AMEND THE CRIMINAL LAW ( OF-FENCES) ORDINANCE .

(Bill No.

11/1955 published 26.2.55).

(iii)A BILL intituled AN ORDINANCE FURTHER TO AMEND THE GAMBLING PREVENTION ORDINANCE.

( Bi J.l No.

13/1955 published 2 • 3.


55) • •• / The Attorney General The �ttorn§.Y_G eneral gave notice of the introduction arid fi�st reading of the following Bill: A BILL intituled AN /ORDINANCE FURTHER TO AMEND PROCEDURE) ORDINANCE WITH THE CRTh'!INAL IJi.W RESPECT TO THE S MONING OF JURORS.

� (Bill No.

14/19 5 published 2.3.55).


The Attorney General also intimated that he had obtained His Excellency's pe ission under Section 48(2) of the British Guiana (Constitu ion)(Temporary Provisions) O rder in Council, 1953, to movett the relevant Stand1ng Orders be .susper.ded to enable hi to p roceed with the Bill day.
through all stages that UNOFFICIAkl!.QTI CES Revo Bobb gave notice /of the following motion: I That this Council.,j having n ot ed the s teps and the s�atement of the Secretary which are being take� by other Caribbean Governments and by H�r Majesty's Government towards the creation !of a British Caribbean Federation of State for the Col�nies the effect that the donstitutional instruments will provide that Br � territories be quite the opinion that Bri�ish Guiana should join the Federation country Is par tic ipa ti1on therein should be re-examined.
which mi ht care to do so will free to joi the Federation, is of and t�at the que stion of this tish Guiana and other in Parliament to This Council furt er prays His Excellency the Governor to take such steps as he may deem fit to keep Bri lsh Guiana in close touch with the actio the setting up of the F ederation ascertain the state f public opinion in this country towards particiwation in the Federation.

now proceeding towards and to ORDER OF HE D!X PRIVkTE !� S' BUSINESS filiPLIES TO QUESTIONS I .
The Rev.
Bobb asked tije Member for Commun ications notice of which and Works the undermentioned !questions was given on the 15th of Octdber, consent the following replie� by the Member which were printed and tabled were takert as read:- 1954, and with Council's �estion 1: Is there any truth i n the allegation recently madelby a memter of this Council and repeated �n the Press that the U.S.A. Military Authqrittes had offered to construct at their expegse a perma.nsnt road from the Air Base at Afkinson Field to Georgetown by Govern­ and that this ioffer ment during t�e regime of Sir Gordon Lothem?
was rejected Answer 1: The allegatio� is untrue • • • / Q,uestion 2: - 4 ... guestion 2: Will Government state the full facts regard­ which were made with ing any arrangements the U.SoAe Military Authorities regarding the use of the Public road between Atkinson and for and Georgetown its maintenance, repair or reconstruction?
for military purposes Answer 2: The use of this road by vehicles of the U.S.A. took accepted a improve and surface of (a) the Georgetown -·11-Iyde Military Authorities at Atkinson Field caused considerable damage and negotiations place from time to time as to its reconstruct­ ion.
In February, 1942, the U.S.A. Military Authorities informed Government of their proposal to recondition, 15 miles of road from·Hyde Park to Craig and later, in April, 1942, Government further proposal to construct an 18 to 20 foot highway from Hyde Park to Georgetown.

Effect was given to this decision by the publication in the Official Gazette of 25th April, 1942 lark Road (Improvement) legalizing the appropriation lands and of (b) Government Not ice No.
561 t of appointing ap officer of the Departmen Lands and Mihes to assess and pay compensa­ tion in respect of action taken under the Order.

In pursuance of these authorizations a sum of $19,504.84 ment to various persons as compensation for land appropriated and damage caused to build­ ings, drainage, and crops in cultivation surveying and arranging deviations alignment of the proposed ·,new road.
Govern­ ment was however informed in December, 1942, of the decision of the U.S.A. authorities to abandon the project.
was paid by this Govern­ of the necessary Order, 1942, in the The full facts of the matter are contained in the attached copy of a Message dated 25th Sir 1943, addressed by the Governor, Janua-ry, GordoL Lethem, to the Members of the Legisla­ tive Ccuncil in seeking approval of the Finance Committee for·the writing off of the compensation payments, part of which was met reimbursed from from Colony Revenue and part U0K_.

"Reciprocal Aid" Funds.


Question 3: Will Government this important when Atkinson Field became the Colony's Air­ port?

state why reconstruction of public road was not undertaken Answer 3: tion of this of Government to to the reconstruc It had been the intention g ive priority roado Howe er, by Resolution No.

XXVII of 8th December, 1949, the Legislative Council recommended that priority be given to the reconstruction of the Corentyne Road over any other public road.
Government decided to give effect to this recommendation to postpone the work of reconstructicg the Atkinson Field road until the Corentyne had been completed.

road and Question 4: Has provision been made in the Development Programme f6r t he reconstruction and what is the estimated total cost?

of this road •• / Answer 4: Answer 4: Provision !1as been made in the Development Progrannne or the reconstruction of East Bank emerara P ublic Road.
The cost, estimated i October, 1953, and based on the recornm dations of the World Bank Miss ion is [$2,122,761.

the Ques tiQU_§_: How many milles of this road have actually been permatjently cost?
reconstructed and at what Answer 5: 10.2 miles lof this Road have been reconstruct­ ed since 1 51 at a cost of $1,121,379 30th Novem er, 1954. up to S,\!e s ti on_§_: Is it the road are a deteriora t to remedy ase that portio!ls of reconstructed ready showing signs of on and what steps are being taken e construction?

efectiv serious Portions o deteriorat repaired.

the road have shown signs of Such portions are being Qu�tion 7: When is thq reconstruction of the whole road expec1.ed tq be completed?
Answer 7: The averagJ rate of reconstruction perfect we�ther conditions is one mile in were seven miles of road left five weeks I At the end of November thare .

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under to be done.

I Honourable Members of Legisiative Council, I !


East Ban* Road At the meeting oft e Finance Committee October, 1942, and subsequ ntly in the Legislative Council in Committee, I made state ents referring t o the situation which had arisen in connec ion with the Public Road on the East Bank, Demerara.

A br ef history of the matter is given below.

on 26th 2.
on 26th 2.

In February, 1942, informed Government of the and surface the road from of about 15 mile� as a sin way, ry the United States I he United States Authorities proposal to recondition, improve yde Park to C raig - a distance le track with 12 foot carriage rmy Engineers.
3.In March, 1942� thi Government was asked by the with regard t o so as to facilita al arrangements 9 f make spec s.A. Consul t� U any private property proceeding of the work and[ it was agreed that pending decision as t o whether the: United Authorities would bear costs of c ompensation these should be m et by advance by the loca At that t ime it was ion likely to be paid estimated that the amount f compensat would be and this Government agreed sation should be m��e at to a suspense ment would finally bear the cost.
very small, i.e.

·n the neighbourhood of $1,000, therefore that payment of compen­ o ce and the expenditure charged � account pend ng decision as to whiclt Govern­ te the expeditious any States of America Government.

i 1 - 6 - deviations to avoid sharp corners and curves.

4.

In April, ,1942, the United States Engineers informed and!
Mines of a further proposal to and that although it was proposed to make_ some the Department of La�ds construct a wider r oad, 18 to 20 feet, from Hyd� Park to Georgetown, use of the existing r oad as far as possible there would be considerable Furthermore, that it would be impossible for the Engineers plans before to follow the regular procedure of preparing corrmencing actual constnuction would be following immediately behind the survey parties.
It was stated that plans were being altered and varied at and intervals according to the military experience obtained in some cases adjustments night have to be made so rapidly that it would be difficult to go through the legal formalities that are usually necessary in connection with the construction of such roads.

It wos then rEal..ised that the amount of compen� sation which would be payable would, in all probability, be in excess of t he $1,000 originally because the road making gangs estimated.

5.
5.

In these circumstances Government agreed that per­ w as destroyed mission should be granted to the U.S.A.

Authorities to pro­ ceed at once w ith the construction of the road and that pay compensation to persons where it be came necessary to or damaged as a result of the whose property construction such compensation should be paid forthwith by an officer of Government as Assessor pending negotiations with the U.S.A. authorities with regard to the settlement of claims.
Effect was given to this decision by publication of the Georgetown in the Official Gazette of 25th April, 1942, legalizing the and of Government appropriation of the necessary lands Notice No.

561 in the same Gazette appointing Mr. C.P.

De Freitas of the Department of Lanjs and Mines to ass e.-.,s and pay compensa­ tion for damage caused by action taken under the Order.

-Hyde Park Road (Improvement) Order, 1942, 6.


Later in the year Government was informed of a of only some 4 miles of road extending to the 1 s Landing" which is a of a place known as communication received from the United States Engineers Department by the Commissioner of Lands and Mines to the effect that the Department had been authorised t o complete construction vicinity distance of.about 2¼ miles northward of the bo�ndary of the leased area.
The idea of building full length originally contemplated was deferred.

The taking over of private property immediately ceased but extensive of buildings, fences and crops carried time the sums paid in compensation liabilities outstanding a total of $19,078.

had al[eady been taken and demolition through.

At that (which have since been metl making possession to $14 443 with a first class 1 amounted 1 oad for "Singh 7.
After discussions Consu: and the Officer Commanding made to secure a decision that the road be continued accord­ ing to the original or modified to abandon this work was intimated in December.

plan.

But a final decision between the Government, the U.S.A. the Base, an endeavour was 8.
The payments for compensation can be divided into tWQ portions:- (a)Hyde Park -Singh's Landing $10,108 (b)Singh's Landinl -Pl?• Brickery 8,970 and the question dispose of this expenditure which as already indicated arises as to the action to be taken to haa •• / been - 7 - been temporarily charged to suspense account.

9.

In regard t o (a) above I consider that it would be _for with usage s of the.

road itself, remain with the Colony.


in:=expedien t t o aI?proach }he United States Government having regard to the fact that ownership reimbursement, of the land and road in this section, together facilitie Subject to the c oncurrence of the Secretary of State, therefore, I propose that compensat head, should be borne by the vote for Colonial Measures.

ion charges under this Emergency 10, The expenditure category and correspondenc meeting this expenditure local Government.
under (b) is in an altDgether different e is proceeding with a view to from funds other than those of the 1 1.

I propose to discuss the matter with Members of Council at the next meeting of t he Finance Committee and to invite approval of the action proposed, GORDON LETHEM Governor.

GO VER NM ENT HOU SE, BRITISH GUIANA.

25th Jan uary, 1943. .

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Miss Collins ·asked the Chief Secretary the under­ mentioned of November, replies by the ·chief Secretary were taken as read:- questions, notice of which was give n on the 19th 1954, and with Council's consent the following which were printed and tabled Question 1: Was there any sum of money left under the will of the late Dr. R. Miller, retired Government Medical Officer, for Government to establis a scholarship or scholarships?

Answer 1: Yes.
Answer 1: Yes.

Question 2 : If so: (a) (b) How much was it?

When was the amount paid to Govern­ ment?\ What were the conditions for the scholarship?

laid down ( C) Answer 2: (a)$5,000 (b)The amount was paid into the Treasury during October 1950 by the Public Trustee, and in accordance with an Exe cut iv e Co un c i 1 de c i s ion of the 29th of May, 1951, the funds were invested in New Amsterdam Mayor and Town Council 4°/o Bonds.
- 8 - (c)The relevant extract from the Will is as follows: "I direct my executor hereinafter to accept house known be known as II The Scholarship", and to be named to sell my dwelling as "Sydney Ville" with the lots 35, 36 and 37 on which stands, and from the amount realised to pay over the s um of Five Thousand Dollars to the Government of British Guiana, and I do hereby request the said Government the said amount and to use the said sum for the sole purpose of estab lishing by the said Government a Scholarship for one boy and one girl •of purely African blood born in British Guinna.
The said Scholarship shall Miller Memorial competed for every three years and tenable at one of the Secondary Schools recognised ment of British Guiana.

The age shall not exceed twelve years for entrance to the c ompetitive examination on which the award is t o be made.

The examination shall be on the standard of the Government County �cholarship or such other standard as the Governor in Council may from time to time df·cide upon.
Every candidate competing for the said Scholar Department of Education as to respectability and general good character.

I direct that at all times where requisite be a member of any Board or Committee appointed by the in connection with the carrying Governor out of my wishes herein expressed".
by and approved by the Govern­ ship shal 1 sa tis·fy the my executor shall with two limit certificates With the approval of Executive were published April, 1952: in the "Official Gazette" 12th of Saturday, Council the following conditions "MILLER MEMORIAL SCHOLii.RSHIPS The Trustees of the Miller Memorial Scholarship establish­ ed under the Will to give notice that in and after 1952 Miller Memorial Scholar­ ships will be awarded under the following conditions: of the late Dr. Robert Stuart Miller desire 1.
One "Miller Scholarship" tenable at one of th� �econdary schools recognised by the Government.

for the purpose shall be for competition.

The first scholarship shall be awarded to a boy in 1952 and the second to a girl in 1955, and thereafter to a boy and a girl every three years.

offered alternatively Number of Scholar­ ships.

Every candidate as t o his respectnbility and general good character and produce two certificates to this effect.

shall satisfy the Trustees Candidate to be of good character.
3.

The Miller Memorial Scholarships shall be open to any boy or girl of purely African whose age blood born in British Guiana, does not exceed 12 years on the 31st day of May in the year of the examination.

C�ndi dates must supply satisfactory proof to the Trustees, that he is of purely African blood.

Other conditions of Eligi­ bility., \ •• / 4.

The - 9 - 4.
The - 9 - 4.

The-scholarship shall be awarded on the results of the Governme t County Scholar­ ship Examination a nd sub1j e ct to any entrance school selected.

test imposed by the secondary Test examina­ tion.

shall be 5.

The award of the scholarship made by the Trustees • Trustees to award Scholar­ ship.

Value of Scholar­ ship.

6.

The scholarship tuition and a grant books and ma in tenance.

will provide the cost of will be given towards 7.


Payment due in r espect of each scholarship The sum of shall be paid in equal terminal instalments.

school The Trustees shall deduct from each instal­ fees.

ment the amount due for school fees and pay this direct to the Principal school.

Any balance of the instalment remaining shall be paid by the Trustees or guardian for books and maintenance.

in hand after payment of such fees of the approved t o the parent Super­ vision scholars.
s. Scholar shall be under Every Miller Memorial the general supervision of the Trustees to whom the parent or guardian of each scholar shall send at the end of each term a certi­ ficate of good conduct and satisfactory progress from the Principal attended.
Failure to obtain such a certi­ ficate may, at the of all the Trustees, rights and privileges of a scholar for one or more terms, and two consecutive failures to obtain such a certificate shall entail forfeiture Trustees dis er et ion of the entail a suspension of the Scholarship if the of the School so decide.

of 9.

The Trustees of the Miller Memorial Scholar­ ship shall be the Director of Education or his representative and the Public Trustee."
It is to be noted that·the Scholarship Government Scholarshipo is not a Q,ues tion 3: Have any scholarships been granted?

If any, when?

If none, why?

.Answer 3: Orie s·cholarship was granted to a boy, J.H • Fraser, in 1952.

A scholarship to be awarded on the results of the 1955 Government County Scholarship Examination, was 11 of 18th advertised in the "Official G·e.z.ette December, 1954, and December.
It will be re-advertised twice in 11 the Press and the 11Gazette date f or entrance -26th March, 1955 • in the Press on 19th near the closing for a girl, -10 - GO VER NMEN T BU SIN ES S \ I SUMMARY JURISDICTION (APPEAL§XAMENDMENT) l955 -BILL � �g.

8/1955.

At the request of the Attorney General., considerat BILL ion of item 3 in the Order of th$ Day was deferred.

MINING ( CONSOLIDli.TION) (AMENDMENT) BILL, 1955.

BILL N O.

9/1955.
BILL N O.

9/1955.

On a motion by the Member for Agriculture, Forests, Lands and Mines, seconded by the Attorney AN ORDINANCE BILL intituled (CONSOLIDATION) ORDINANCE WITH RESPECT TO THE PAYMENT OF ROYALTY ON TIMBER CUT ON CONCEtSIONS AND LEASES GRJ.i.NTED UNDER TH1-,T after taken through its remaining stages and passed as prin tedo was read s second time and was there­ ORDINrtNCE FURTHER TO AMEND THE MINING General, the POUNDS (AMENDMENT) BII.L, 1954.

BILL NO.

54/1954.
BILL NO.

54/1954.

At the request of the Chief Secretary, consideration of i tern 5 .in the Order of the Day was deferred.

CRIMINAL LAW ( PROCEDURE) ( AMENDMENT) BILL, 1955 -Bill No.

14/1955.
14/1955.

At this stage the Attorney General moved that the relevant Standing Orders b e suspended, notice of which had been given earlier, to enable him to proceed with the BILL intituled AN ORDINANCE FURTHER TO AMEND THE CRIMINAL I.J.W (PROCEDURE) ORDINANCE 1NITH RESPECT TO THE SUMMONING OF JURORS • The Standing Orders having been suspended, the Attorney General moved and Mr. Gajraj seconded that the Bill be read a first time.
The Bill was then read a second time and thereafter was taken through its remaining stages and passed with the following amendments in Committee:- Clause 1: The Short Title was amended by the substitution 11 of the y ear 1\1955 11• for the year 111954 New Clause 4•• The following new Claus e 4 was inserted: 11 Amendment of the first schedule to the Principal Ordinance.

4.
4.

The first schedule to the Principal Ordinance as amended from time to tirr.3 is hereby further amended by the at addition of the following end thereof - 11Memb ers Reserve of the Police Special 11 Force.

-11 - PRIVATE MEMBERS' BUSINESS MOTION BY MR. CARTER RECOMM DING INVESTIGATION OF THE POSSIBILITY OF ESTABLISH ING A PLYWOOD INDUSTRY IN THE COLONY.
Leave was granted Mrc Carter to amend the following motion as under:- WHEREAS the locally grown wood known as 11 Dalli II is being exp or bed to a foreign and no export duty is being collected thereon; country AND WHEREAS only t e highest quality grade of Dalli logs which must be free splits, wanes, warps, ftats and borer are acceptable in the expor market as a consequence rejected logs involving thous�nds of cubic feet of this wood are allowed to rot and waste in the forest; from knots, AND WHEREAS this Colony imports plywood on which import duty is collected and such plywood is manufactured from Dal l li logs of this Colony; AND WHEREAS the Colo�y's forests abound with palli and in quantities estimated to operate a plywood industry for at least forty (40) years; 1s housing programme AND WHEREAS the Colorly would absorb fully all of the plywood that could be manufactured locally from Dalli and other suitable such an industry would create employment for many of the present unemployed: Colony woods and the establishment of BE IT RESOLVED: That this Council recommends - (a)the appointment of a Select Committee comprising and report on the possibility establishing a plywood industry in the Colony; five members of to investigate (b)the immediate imposition of an export 11 ; tax on the wood known as 11Dalli (c)the imposition of an export tax on all firewood and forest products excluding charcoal; (d)that Rules be enacted under Section 18 of the Export of Timber Ordinance, 1937 (No.
1) to provide for the collection tax and inspection fees, etc.

of export on forest products.

Amendment: Substitution of the following for "(b)" of the Resolve Clause: (b)the immediate prohibition 11 known as 11Dalli of the wood other soft woods required for the manufacture of plywood; of the export and also all •• / Mr. Carter -12 - Mr. Carter then moved t e motion as amended which was seconded by Rev.

Bobb.
Bobb.

lfter discussion Mr. Car1�er was granted leave to withdraw paragraphs (b), ( c) and (d) of the Resolve Clause.

\ Thereafter the motion as under was put and carried: RESOLVED, That this Council recommends of a \select Committee the appointment comprising five members to investigate and report on the po�sibJli ing a plywood industr in the Colony.

ty of e stablish­ MOTION BY MR. SUGRIM SINCH RE REFUND OF ONE HUNDRED DOLLARS TO THE BRITISH GUIANA SANATkN DHARMA MAID� SABHA.
On a motion by Mr. Sugrim Singh seconded by Mr. Ramphal the following Resolution was carried unanimously: RESOLVED, That thi s Council recommends the refJnd to the Brit ish to Government Guiana Sanatan Dharma Maha Sabha the sum of one hundred dollars paid in terms of the Tax Ordinance, 193, for the Private Bill intituled An Ordifance to incorporate certain persons as tru1tees of the body known as the British Guiana Sanatan Dharma Maha Sabha; to vest in\such persons certain property; and f or purposes the matters aforesaid.
connected with ADJOURNMENT At 5�15 p.m. the Speaker ad·ourned Council to 2.00 p.m. on Thursday, the 10th of March, 1955 •.

Confirmed, \ ry,1;;_,,¼__ Speaker • .

Public Buildings, B ritish Guiana.

10th March, 1955.