§ MR. ROBERT WALLACE (Edinburgh, E.)
I beg to ask the Attorney General whether the case of Colonel Edward Mitchell (Mitchell v. Regina, Petition of Right, 1890) was tried and decided on its merits, moral or equitable, or stopped on demurrer to the right of contractual claim on the part of Military Officers as against the Crown; and whether the case of Regina v. the Secretary of State for War (Mandamus) on the prosecution of Colonel Edward Mitchell, 1891, was tried and decided on its merits, moral or equitable, or on the ground of want of jurisdiction?
§ THE ATTORNEY GENERAL (Sir RICHARD WEBSTER,) Isle of Wight
The Question of the hon. Member is framed under a misapprehension of the facts. On the hearing of the Petition of Right, Mr. Justice Mathew decided, in accordance with previous decisions, that the Royal Warrant as to the amount of pension due to officers of the Army was conclusive and could not be questioned in any Court. The subsequent case of "The Queen against the Secretary of State for War" was an attempt to raise again the same point, and it was naturally decided that the Court could not go into the question.