DR POLLEN'S PENSION.

Otago Daily Times, Issue 6093, 20 August 1881, Page 2

DR POLLEN'S PENSION.

[By Telegraph.]

(FBOM ODB OVTN OOKRESPONDENT.) Wellington, August 18th. The following is tho opinion of th« Solicitor' general on tha Pollen penaion question, not previously publloiied, and the omission oi which opinion from previous correspondence haa been so much commented upon :— Mr Eeid says! I havo carefully considered tho various questions put to me in tbo attached papers, aud nowboglto reply to them in their order, adapting my answers to the eircumstaucos of Dr Pollen's ease. (1) Can a Civil rcrvant who resigns claim his pension as a matter of rigrht?—lf a Civil servant resigns his ollico absolutely, he cannot claim his pension as a matter of right. Tho act of resignation usually carries with it a surrender of tho privileges attached to the office, and in the Civil Service Act the expressions used in respect of oiHcors claiming superannuation allowances, are "to retire from tho service," ''retiring allowance," &c, which convey quito a different meaning from " resignation." But I ihink an officer may in lesigning hU offico reservo tho question of his right to receive a retiring allowance, and this Dr I'ollen did in his letter of 3uth October, I87(i, atid his resignation was accepted upon thoso terms by the Qoverment. 2. If a Civil servant Is called to tho Legislative Counii , cun ho remain a Civil servant (a) under tho " Disqualification Act, 1570," (b) under the " Disqualification Act, IS7G"?—Speaking generally, a. Civil servant— Lc , one holding any office, place, or employment, &c. within the meaning;of the Disqualification Act—should not bo capable of being summoned to the Legislative Council; but the Disqualification Act of 1870 excepted from its operation members of the Executive Council holding certain Ministerial offices. Under this Act

;iero 13 no prohibition or a person being called } tho Legislative Council while a Civil servant 3 lon.' as ho also remains a member o( the Executive louncil and holds his Ministerial olßce. There is a imilar provision in the Disqualification Aot of 1576, o vyhieh the eamo remark would, apply, subject, .owevcr, to the terms of section 14, which enacts hat a member of tho Civil Service shall not, whlie he 3 such membor or for six months thereafter, be apablo of holding a seat in the Legislative Council. is a matter of fact, members of tho Executive have icld offices in tho Civil Service both when the Act of .870 was in operation and since tho present Act came uto force. Tho only one which occurs to mo at present is that of tho Land Claims Commissioner mdor "Tho Land Claims Act, 1553." But a« [ presumo no salary, .tc. is attached to ;he olliee, there is of course no disqualification on that ground, and being held by a member of tho Executive ;onies within the view I have expressed as to the position of tho Disqualification Act. From the papers it appears that Dr Pollen resigned his oflico some d.iys prior to the passing of tho Act now in force. 3. Was the memo andum ag to departmental arrangements at Auckland lo^al bo far as the agreement as to £100 for paying Imperial pensions is concerned?—l have received Sir Julius Vogel's memorandum of Gth January, 1572, which can hardly be called an agreement, but is rather a statement of arrangements made as to the conduct of Treasury business In Auckland, including the terms upon which Dr Pollen undertook the payment Of the Imperial pensions. Tho latter wore that out of certain commissions all owed to tho Colony by She Imperial Government, Dr Pollen should be allowed an nnnual sum of £300, in liou of a like sum paid him by the Treasury. I don't think this arrangement can be looked upon in the nature of an a"ioement, becauso the commission was tho money of the ti *l y' n n MOuld bo apportioned as it pleased, whether Dr Pollen was a party to such apportionment or not Tho Treasury could have cast the duty of paying- these pensioners upon him, and paid him out of this commission without his sanction or know-lodge Indeed, the mam object was' to rolieve "the treasury of sonio dspartmental expenditure," and the fact that ther« « a kind of reservation of Ur Pollons rights in respect of departmental service does not, in my opinion, weaken his position. On tho contrary, it was only such an equitablo stipulation as an officer, so Bltuated might well make, and, so long- as It did not contravene the law, was 000 within the province of the Treasury to allow. As to the latter point, had Dr Pollen become an officer' of tho Imperial Government and been paid by them, of course he would have had no claim on the Colony; or even if tho commission had been specifically devoted by the Imperial Government to defraying the expenses connected with paying these pen-inns, then I think all claims would havo been untenable, but it is treated as the money of the Colony, -Mid by it devoted as It pleasos. Ur Pollen still remains nn officer of tho Colonial Oovornmont, and by discharging his duties is, by tho memorandum in question, as-urncd to be under the control and direction of that Government. For these rcano.ns I think the arrangements mtrte by the Treasury should O'ji be. allow;..:" 'o ~rejmilco any claim-of retiring which Ur Poll.n may legally ioiublish... I may add that wLon the papcrj wore j'i^viously before nia, the Treasury memorandum \m° sot with them, am! I havo cow oxpressed an opinion on it for the first time. ■1. If Dr Pollen is entitled to pension, up to what date must he claim?-! think his claim sho;;!d be made upon tho nvisrages'of Hilary of tho offices held to tho last three years vt the period of sorvico. Thin ii

the language of section 3 of the Act of'Uot, and It does not, in my opinion, affect the claim, although the salary was not actually drawn. I 1 don't think It nece-sai-v to go into the question a- to the right of » claim up 10 any date he pleases within the period of his service, anil to waive any portiou of such service, because in this case it would not make any real difference. ' i-ould ho hold offices anil still act asa memborof the Council ? -This question is disposed of by my answer No. 2, above. ' ' unsmhnn^r^™ Po"e" did ™'resign his oScea till 30th October, 1870, mus; not hh pension count for , disVosoToUbre. 11"1118 *«»-"«> June 25th. 1878. "' W-S- KBtDI The™™ In"fhrhandwriting™?"m/StouMh^At tornoy-general of the period.