THE QUESTION OF PREROGATIVE.

Taranaki Herald, Volume XXXVII, Issue 8270, 17 September 1888, Page 2

THE QUESTION OF PREROGATIVE.

HISTORY OF THE QUEENSLAND DIFFICULTY.

Thi? following is the account of the case which led to the disagreement between the Governor of Queansland and his Ministers : A man named Kitts was sentenced to three years' imprisonment at Townsville for stealing three pairs of boots. Kitts petitioned tbe Executive for his release under the First Offenders Probation Act, which provides that prisoners may be allowed to serve their sentence at large, urging amongst other reasons that his wife was about to be confined, and that if he were not present at home there was danger probably that she would lose her reason. Kitts' words came true : His wife, after her illness, beoame insane, was sent to Wogaroo, and died only a tew weeks aa;o. After carefully examining the whole case the Coloniul Secretary recommended that the provisions of the Act should be extended to Kitts. Eh recommendation met with the approval of his colleagues, but the Governor declined to accept the advice of the Executive Council, and expressed his views in a strongly worded minute, contending that it was a question affecting the exercise oE the Royal prerogative of mercy, in which he must be guided by his own judgment. He also held the view that it was extremely inexpedient, and a thing that would tend to shake the confidence of the publio in the administration of the law, in auy way to interfere with tho sentences of the Courts of the colony. The matter remained in abeyance till the return of Sir Thon. M'llwraith from the Melbourne Exhibition. There iB reason to believe that during: his visit to Melbourne the Premier laid the whole case before the highest legal authorities in Victoria, and received a most complete confirmation of his own views. Returning to Brisbane, he addressed a long memorandum to the Governor, in wichhe dealt with the whole question, including the constitutional principles involved in it. It is understood he pointed out that since His Excellency assumed his position, the Governor had remitted the sentences of 169 prisoners, 71 of whom had been tried before Judges of the Sarpieme Court, 40 before the Distriot Court, and the remainder at petty sessions. Of the 71 Supreme Court cases 39 bad been reported on by the Judges, and His Excellency, in 28 of of them, bad remitted the sentences againßt the expressed opinion of the Judges. Of tbe District Court Cases 17 had been reported on by the Judges and eight remissions had been granted in opposition to their reports. Great stress is laid upon tho fact that in the whole of these cases the Governor acted on the advice of his responsible Ministers.