POLITICAL DEADLOCK IN QUEENSLAND.

New Zealand Herald, Volume XXV, Issue 9155, 10 September 1888, Page 5

POLITICAL DEADLOCK IN QUEENSLAND.

[press association.] London, September 6. Lord IvNUTSFORD is awaiting a despatch from Sir A. Musgrave, Governor of Queensland, before taking action in the dispute between the latter and his Ministers. A reply will probably be sent in three weeks. Brisbane, September 8. Lord Ivnutsford has cabled to His Excellency the Governor authorising the release of the prisoner over whom the latter had had a difference with the Government. When the message was made public there was great resoicing in the city at the triumph of the Government. With regard to the constitutional difficulty which has arisen in Queensland, Sir Thomas Mcllwraith made a statement in the Assembly on Tuesday respecting the difference between the Governor and the Government. It arose in the case of a criminal named Benjamin Kitts, who was sentenced to five years' penal servitude some months ago for stealing two pairs of boots. The Colonial Secretary, in whose department it was to investigate any petition for mitigation of sentence, advised the Governor to remit the sentence under the Offenders' Probation Act. In the Executive Council, however, his Excellency declined to approve of the recommendation, and immediately afterwards it was withdrawn with the object of each member of the Ministry examining into the merits of the case. They did so, and came to the conclusion to submit the matter again, which was done. The Governor, however, insisted on disapproving of the advice tendered by Ministers, and wrote the following minute: — The Governor regrets he must again express his inability to approve of the recommendation of the Council in the case of Benjamin Kitts. The case, in his judgment, presents no features which lead him to doubt the verdict of the jury, and in the opinion of the Judge they were right. The Judge before whom the prisoner was tried distinctly stated that he did not think the prisoner was a fit subject for release under the Offenders' Probation Act. The Governor agrees with the Judge, and regards it as highly inexpedient to shake the confidence of the public in the administration of the law and justice by unnecessary interference with a sentence of the Courts. The 7th section of the Offenders' Probation Act expressly confides the authority to be used in this behalf to the Governor alone, not to the Governor-iii-Council; and he is not satisfied it should be used on this occasion, he feels bound to decline to use it against his own conviction. The real question at issue in cases such as this is whether the Royal prerogative is to be exercised by the Governor or by the Colonial Secretary for the time being. The Governor would have no objection to be relieved of the responsibility, if this may legally be done. If the Council desire it he will readily refer the question to the Secretary of State for the opinion of the Law Officers of the Crown, and his instructions thereupon." As the Governor had declined to recede from his position, the Government ! had tendered their resignation. Since then we have had cable intelligence that His j Excellency has refused to accept it). I