The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1888-09-28
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Royal Prerogative in Australia.

There has been a deadlock in Queens
land caused by the refusal of the Gov
ernor, Sir A. Musgrave, to accept the
advice of his Ministers in case de-
scribed below. The Imperial Colonial
Secretary in London, on September
9Th cabled to Governor Musgrave author
izing the release of the prisoner over
whom the latter had had a difference
with the Government. When the mes-
sage was made public there was great
rejoicing in the city OF Brisbane at the
triumph of the Government.
The following history of the case is
appended to a despatch from Brisbane
in the Auckland Herald:
With regard to the constitutional diff
Guilty which has arisen in Queensland,
Sir Thomas McIlwraith made state
ment in the Assembly on Tuesday re-
speeding the difference between the
Governor and the Government. 1t arose
in the case of criminal named BenJa-
min Kits, who was sentenced to five
years penal servitude some months ago
for stealing two pairs of boots. The
Colonial Secretary, in whose department
it was to investigate any petition for
mitigation of sentence, advised the Gov
ernor to remit the sentence under the
Offenders Probation Act. In the Tx
ecutive Council, however, his Excellency
declined to approve of the recommends
ton, and Immediately afterwards it was
withdrawn with the object of each rlem-
Der OF the Ministry examining into the
merits of the case. They did 80, and
came to the conclusion to submit the
matter again, which was done. The
Governor, however, insisted on dlsaP-
proving of the advice rendered by Min
listers, and wrote the following minute:
"The Governor regrets he must again
express his inability to approve of the
Recommendation of the Council in the
case of Benjamin Kits. The case, In
his judgment, presents no features which
| lead him to doubt the verdict OF the jury,
| and in the opinion of the Judge they
were right. The Judge before whom the
| prisoner was tried distinctly stated that
subject for release under the Offenders
Probation Act The Governor agrees
with the Judge, and regards it as
| highly inexpedient to shake the con-
! fidence of the public in the admin
istration of law and justice by un-
| necessary interference with sentence OF
the Courts. The 9TH section of the Of
| tenders Probation Act expressly conhdes
| the authority to be used in this behalf to
the Governor alone, not to the Governor
in-CounciI; and he is not satisfied it
should be used on this occasion, he feels
bound to decline to use it against his
own conviction, The real question at
issue in cases such as this is whether the
Royal prerogative is to be exercised by
the Governor or by the Colonial Secre-
tary for the time being. The Governor
would have no objection to be relieved
of the responsibility, if this may legally
be done. If the Council desire it he will
readily refer the question to the Secre-
tary of State for the opinion of the Law
Officers of the Crown, and his instruc.
tions thereupon." As the Governor had
declined to recede from his position, the
Government had rendered their resigna-
ton. Since then we have received cable
intelligence that His Excelleney has re-
| fused to accept it.