§ MR. HANBURYI beg to ask the Secretary to the Treasury whether the lay members of the Railway Commission are subject to the recent Order in Council which regulates the age of retirement; and on what system is the pension of these officials calculated?
§ SIR J. T. HIBBERTThe authoritative decision as to whether a particular 1501 Civil servant is subject to the provisions of the Order in Council rests with a competent Court of Law and not with the Treasury; but, subject to this qualification, and having reference to the conditions of tenure of the appointed Railway Commissioners as specified in Section 3 of the Railway, &c, Act of 1888, the Treasury is not of opinion that the Commissioners are subject to compulsory retirement under Clause 10 of the Order in Council. The question whether the office is one carrying title to pension has not yet been determined.