, 1867-01-04

Council, in which, according to his opinion,
only 2 members were actually opposed to the
, IS of the ordinance, the Governor stated, that
he had long ago ~foreseen the possibility of
a proposal being made for adopting the enact
ments in the form Of an ordinance instead of
a Law, in consequence of this he had requested
the Ministry's opinion with regard to what
steps should be adopted in such a case after
obtaining the opinion of the Grown lawyer the
Ministry had communicated, that in the event
alluded to taking place it would be necessary,
that a new draft of an Ordinance concerning
the, matter. be Laid before the Council and be
submitted to 8 discussions previous to its
adoption.
The lst member for Frederiksted's town
{Sarauw) seconded the views of the Chairman,
in Directing to the proceeding proposed, but
was of the opinion that the Chairman had eX-
pressed himself in too mild terms on the mat
ter. He declared the proceedings a breach OF
the law viz, the Colonial Law 4. He re-
GREETED to see the Governor was the one who
committed the breach, and was the more sorry
to learn, that the Ministry connived at it.
Whatever may be done in the matter, he would
for his part protest against the procedure. lie
had no objections to the 2 S. Of the Law, but
would propose the addition of a 3rd 5, as pre-
yiously recommended to the Provisional Ordi-
nance.
The Governor objected to the remark, that
the proceedings proposed are contrary to the
Colonial Law, and had especially to repel the
accusation of connivance on the part OF the
Ministry as quite unwarranted. According to
& of the Law all Provisional Laws and Or
dinances shall be laid before the Council,
which has been observed, and they are only to
be laid before the Diet "in case the matter
REQUIRES to be decided by Law but the con
tents of the 2 S of the Provisional Law are of
that nature, that they are adapted to be issued
in the form of an Ordinance, and should the
Colonial Council adopt them as such, the case
will of course not require to be decided by
Law. AS regards the communication of the
Ministry, as stated, this was based on the
report of the Crown-Lawyer; besides, this does
not even preclude the case from being reported
to or laid before the Imperial Diet, like all
ordinances appertaining to the Colonies, which,
are to be laid before said Diet, In accordance
with S | of the Colonial Law.
The Chairman could not agree with His
Excelleney's Interpretation of the 4th 5 of the
Colonial Law. The expression therein sin
case the matter requires to be decided by Law"
must be understood as embracing every case
where the emanation of a Provisional Law has
been necessary. Previous to the rejection OF
the Provisional Ordinance the Governor had
expressly pointed out, that the result would be,
that the matter would have to be laid before
the Imperial Diet. There could be no ques-
ton whatever about the correctness of the
former voting, and it was inadmissible after
wards to try to investigate the motives of the
members as regards their voting,
The End member for Frederiksted's country
district (Knight) observed, that he himself had
been one of the members that had objected to
the adoption of the Provisional Ordinance,
although he properly speaking did not object to
the /, but to : 2. He had however now
sided with the other members the Committee,
besides he did not think, that the case should
be laid before the Diet.
The Governor reserved his further remarks
at the End discussion of the case.
The case was referred for End discussion.
2, Appointment of members to the Elective
Committees for the period from the LIST
April 1867 to the 3lstso March 1868,
Appointed were: Mr.. W. III. Heyliger for
Christiansted's town and suburbs, Mr. G. Bella
gen for Christiansted's country district, Mr.. 81.