THE ATTORNEY-GENERALSHIP.

New Zealand Times, Volume XXIX, Issue 4293, 23 December 1874, Page 2

THE ATTORNEY-GENERALSHIP.

The following letters appeared in the evening papers yesterdaj r :— Mr. W. T. L. Travebs to the Hon, the Colonial Wellington, Noveinbor 19,1574. Sm,—lt is probably within your knowledge that, shortly before the Hon. the Premier left Wellington, he did me the honor of asking mo to accept the Attorney-Generalship of the colon}', about to become vacant by the appointment of Mr. Prendergast to a Judgeship. After a day or two's consideration—without special reference to the point I am about to mention—l accepted the offer made to me, and notified my accptance to the Hon. the Premier. Within the last few days I have seen a copy of ' The Civil Service Regulations," from which I find that the Attorney-General is said to be " under the directions" of the Minister of Justice, and is, in effect, treated as being a civil servant within the provisions of The Civil Service Act, 1806, evidently under the assumption that the term " Permanent Law Officer," in the schedule to the Act, means the Attorney-General appointed under the provisions of The AttorneyGenerals Act, 1308. If this bo the correct interpretation of the latter Act, it places the Attorney-General of the colony in a position entirely different to that which I assumed him to have, when I accepted the office. I assumed that the Attorney-General ranked next to, if not actually with, Ministers; and was (subjcctjto the provisions of the Act, and the due performance of his duty), as much tho head of his department as any Minister appointed to or holding any particular portfolio ; and I have the honor to state, that unless the position bo admitted by Government to be such as is evidently contemplated by the Attorney-Generals Act, 1860, I should not feel myself justified in making the considerable sacrifice of income which my acceptance of the office would entail upon mo. I may point out that if tho Attorney-General merely occupies tho position of a civil servant of the firstclass, he would not bo entitled to precedence at the bar, in the event of a political Solicitor-General being at any time created. I should bo glad to be informed, at your early convenience, of tho views of the Government on this subject.—l have, &»., W. T. Locke Travers. Tho Hon. the Colonial Secretary, Wellington.

Mr AV. T. L. Th-avers to Mr. G. S. Coopek. Wellington, Mth December, 1874. My Deak. Cooran,—With reference to my letter to the Colonial Secretory of the 19th ultimo, I should feel much obliged by a reply as early as possible. As yon may suppose, my private arrangements are greatly dependent upon tho question whether I accept or do not accept the Attorney-Generalship. The point upon which I should be glad to have tho views of Ministers is, whether the person succeeding Mr. Prendergast as Attorney-General is expected to accept the ofllcc with the understanding that it is subject to regulation under the Civil Service Acts.—l remain, $,? W. T. Locke Travers. G. S. Cooper, Esq., Civil Secretary, Wellington. Mr. W. T. L. Travers to the Hon. tho Colonial Secretary. Wellington, December 17,1874. Sir —From our conversation yesterday I am led to infer that tho views which I entertain as to the position of the Attorney-General of the colony, are not likely to be assented to by the Government. Under these circumstances, I think it better, in order to put an end to further uncertainty, to withdraw my acceptance of the offer, which the Hon. the Premier was so good as to make to me. When that offer was made, I was of opinion (an opinion which I still entertain) that the office of Attorney-General in this colony derives its authority from, and was regulated solely by the provisions of the AttorneyGeneral's Act, 1566, and that it was in no degree affected by the provisions of tho Civil Service Acts. I considered, and still think, that, except where specially provided for by law, and subject to the restrictions mentioned in the act, the duties of tho, office and the position of thoolncer, were precisely tho same as those of a political Attorney-General, and I can assure you that I was not aware that your Government treated tho office as one subject to regulation under The Civil Sorvico ltegulations," referred to in my lettor of the 19th ultimo. I can only express my regret if tho course I have taken should cause any inconvenience to the Government.—l am, &b., W. T. Locke Travers. , The Hon, too Colonial Secretary, Wellington.