H.—22

1893. NEW ZEALAND.

RESIGNATION OF GEORGE FISHER, ESQ., M.H.R. OF THE OFFICES OF COMMISSIONER OF TRADE AND CUSTOMS, MINISTER OF EDUCATION, AND EXECUTIVE COUNCILLOR (CORRESPONDENCE RELATING TO THE).

{Copy of- Paper Laid on the Table by the Hon. Sir H. A. Atkinson, 3rd July, 1889, and ordered to be Printed 16th August, 1893.)

Dear Mb, Fishes,— Wellington, Ist April, 1889. After careful consideration of all the circumstances, as far as they are known to me, connected with the non-prosecution by you of the Junction Brewery for offences against the Beer Duties Act, and after full consultation with the other members of the Cabinet, I have, with deep regret, come to the conclusion that the Government cannot defend your action in Parliament. In those circumstances I feel sure you will see that there is but one course open to you. I trust you will believe me when I say that writing this letter is a most painful task to me. If you would prefer to resign upon the case as it now stands I shall be glad to meet your wishes and withdraw this letter. Yours sincerely, H. A. Atkinson.

Office of Minister of Education, Wellington, 3rd April, 1889. The Hon. the Premier. Absorption in departmental duties, and not discourtesy, has caused a day's delay in answering your letter to me of the Ist April. I desire now to say that the question involved is one of such serious moment to me that I must ask to be* allowed reasonable time within which to consider and decide upon the whole question. Geo. Fishee.

Dear Me. Fishee,— Wellington, 4th April, 1889. I beg to acknowledge receipt of your note of the 3rd instant, and, as three days have now elapsed since you must have received my letter to which yours was a reply, I must request to be definitely informed what course you propose to take in the circumstances which have arisen. I beg to assure you that I have no desire to urge a hasty decision; but you will no doubt admit that the present position is one which ought not, constitutionally, to continue. I therefore hope to receive from you to-day such a reply as will render any further proceedings unnecessary. Yours sincerely, H. A. Atkinson.

Office of Minister of Education, Wellington, 4th April, 1889. The Hon. the Premier. Should any serious inconvenience result from my not hastily taking the step which you ask me hastily to take, I should indeed feel sorry. But I am constrained to put it to you that there are grave constitutional issues involved in the question of my resignation. Constitutional law and history are made up of constitutional precedent, and, in the interest of all Ministers who are to succeed me, I cannot consent to allow myself to be made the means of establishing a precedent which, becoming part of the history of Cabinets in this country, would henceforward destroy the freedom of thought and the independence of action of future Ministers. My reply will be forwarded to you at the end of the present week. Yours sincerely, Geo. Fishee. I—H. 22.