PROBLEMS FROM ABDICATION

Press, Volume LXXII, Issue 21960, 8 December 1936, Page 9

PROBLEMS FROM ABDICATION

DISCUSSION OF LEGAL ISSUES

SPECIAL LEGISLATION MIGHT BE NECESSARY

(UNITED PRESS ASSOCIATION —COP V RIGHT.)

(Received December 7, 10.5 p.m.) LONDON, December 6. The “Daily Mail.” discussing the problems arising in the event of abdication, says that Professor Arthur Berriedale Keith, lecturer on the Constitution of the British Empire at Edinburgh University, discussing the King’s constitutional position in his book, “The King and the Imperial Crown,” expresses the opinion that abdication would probably be legally ineffective, unless confirmed by act of Parliament, and by legislation including the debarring of issue of a post-abdication marriage. Some legal experts think that neither the British nor Dominion governments need to be consulted about abdication unless the King desires to surround abdication with conditions requiring discussion. Ref ’-ring to the preamble to the Statute of Westminster, which demands that the dominions concur in questions affecting the Throne, jurists declared that preamble could not be quoted in a court of lew, being c :ly a series of assertions not legally binding. Another question is whether abdication can become a cloar-cut issue for the electorate, which is impossible under the present laws unless a referendum were introduced, which would rquire special legislation.

“ SITUATION LESS DIFFICULT

MR SAVAGE ON LATEST INDICATIONS

NO DEFINITE CHANGE IN

POSITION

U’HESS ASSOCIATION TELEC.RA.M.)

WELLINGTON, December 7.

“There has been no change in the position,” said the Prime Minister (the Rt. Hon. M. J. Savage) to-day, after another Cabinet meeting to j discuss the constitutional crisis in. Great Britain. “We are expecting! further information to-morrow from j the British Government. It is ex- ] pected that Mr Baldwin will make, a statement in the House of Com- ( mens to-day. . j “I would say the latest indications ; suggest that the situation is less dif- j ficult. Of course, the decision at the j moment rests with the King. Until j that is known, nothing more can be* said. When the time comes for it. the New Zealand Government will make a statement about the question as a whole and about its attitude toward a difficult and very delicate question.” In reply to a question, Mr Savage expressed the opinion that a general election in Great Britain over the crisis was unthinkable. “Why,” he said, “both sides would be discussing the same policy. Such a position would be farcical, and nothing better than political confusion. Let us hope the British Throne will never become the shuttlecock of a political fight.” It is gathered in Parliamentary circles that whatever ,rnay be the outcome of the constitutional crisis at Home, there will be no necessity for a general election in New Zealand or any other self-governing Dominion. FEDERAL CABINET MEETS INITIATIVE NOT TAKEN , BY AUSTRALIA (Received December 7, 11.50 p.m.) CANBERRA, December 7. The Federal Cabinet met to-day and resumed discussions involving the King. It was decided to await Mr Baldwin’s statement in the House of Commons. Ministers are reported to be perturbed at the suggestion that the Dominions’ Governments brought pressure to bear on Mr Baldwin, and an official denial is given the suggestion that Australia had taken the initiative in placing its views before the British Government. It is learned, however, that the Prime Minister (Mr J. A. Lyons) informed Mr Baldwin some time ago of his own views on the matter, which were then strictly confidential, but only within the last few days has the subject been referred to the Cabinet, which confirmed Mr Lyons’s viewpoint. The Prime Minister had occasion to ; rebuke Mi W. M. Hughes, Minister for Health, for going to Sydney at the week-end. Mr Hughes also caused embarrassment to his colleagues by contributing an article to this morning’s “Sydney Herald, somewhat along the lines of Mr Wmstor Churchill’s, giving the impression that he had been in direct communication with Mr Churchill. However, the situation eased ton*Mr Lyons announced that the Ministry of the United Cabinet would sit until the early hours of the morning awaiting Mr Baldwin s announcement, which has already been conveyed to Mr Lyons by the British High Commissioner, Sir Geoffrey Whiskard.

DOMINIONS’ PART

STUDY BY CANADIAN

EXPERTS

NEW YORK, December 7

The Ottawa correspondent of the “New York Times” says some Canadian editors are growing restive. People are beginning to ask whether Mr Baldwin has been using the Dominions to further his own purpose. Meanwhile Government experts are studying the constitutional question. They are uncertain whether the clause in the Statute _ of Westminster giving the Dominions a voice in the Royal succession will apply in the event of abdication; but there is no doubt here that the Canadian Government will take its lead from Mr Baldwin.