§ 8. Mr. MORRELLasked the Under-Secretary of State for India whether his attention has been called to the action for damages that is being brought against Mr. Channing Arnold by Captain Finnie, a superintendent of police in Burma, on the subject of the M'Cormick case; whether he is aware that Captain Finnie is being supported by the local Government of Burma in this action, and is receiving Government money for Court fees and the services of the Government advocate; and whether, having regard to the proceedings before the Privy Council, which are now pending, the Secretary of State will take steps to secure the postponement of this case?
§ Mr. MONTAGUIt is not open to the Secretary of State to take steps for the postponement of the civil action brought by Captain Finnie against Mr. Arnold. The latter can apply to the Court, with whom it will rest to decide whether the Privy Council proceedings constitute any ground for postponing the hearing of the civil suit.
§ Mr. MORRELLIs it not the fact that Captain Finnie was really put up by the local Government of Burma to bring this 1457 action against Mr. Channing Arnold, and would my hon. Friend remember that during his unfortunate absence Mr. Arnold has been very badly treated, and could he not do something to make up for his long absence?
§ Mr. MONTAGUCaptain Finnie has not been put up by the Government of Burma, which is in no sense a party to the action.
§ Mr. MORRELLIs it not the fact that the Government of Burma are paying or indemnifying Captain Finnie for his costs?
§ Mr. MONTAGUThere are certain well-known rules, which I shall be glad to show to the hon. Member, under which a Government servant must apply for leave. He has applied for leave and that leave has been granted.
§ Mr. MORRELLDoes he not get his costs?
§ Mr. MONTAGUThere is also procedure either for paying his costs or indemnifying him in the event of his success. I have no information as to which the Government of Burma is doing, but they are acting strictly in accordance with the rules.