§ MR. SWIFT MACNEILLI beg to ask the Secretary of State for the Colonies whether he is aware that the printed paper marked confidential, containing observations by Sir Samuel Way, Chief Justice of Australia, in favour of the power of appeal to the Privy Council from the decisions of the Supreme Courts of Australia under the provisions of the Commonwealth Bill, was sent by the Chief Justice to the Imperial Cabinet without the knowledge of the Premier of South Australia or any member of his Cabinet; whether, when the Chief Justice sent this document to the Privy Council, he was Acting Governor of South Australia, a Colony with responsible Government; and whether it is usual for a Colonial official in whom are united 733 judicial and executive offices to enter into communications of this nature with the Colonial Office.
§ MR. J. CHAMBERLAINThe answer to the first paragraph is in the negative. As to the second I am not aware that the document was sent to the Privy Council. When it was sent to the Colonial Office Sir S. Way was not Acting-Governor. In reply to the third, I have to say that the communication was in strict accordance with Colonial Regulations, Chapter VI. I may add that I am informed that Chief Justice Way's observations on the Appellate Clause were published in Australia on 14th May. There is, therefore, no objection to their publication here if it is desired.