13

H.—22

In this letter you state that I give in my letter of the 23rd April, as the reason for advising the Administrator to dismiss you, that you failed to send in your resignation on the date promised. If you had read on to the end of paragraph 4-5, from which you have made a quotation, instead of stopping short at the very point where the information you required was given, you would have seen your question was unnecessary. The Administrator agreed to dismiss you from all your offices upon my advice for reasons assigned in my letter to you, my right to give such advice being supported by all the constitutional authorities and by common-sense. The passage you quote from Mr. Justin McCarthy's " History of Our Times"—although I have never before heard him spoken of as an authority on constitutional law —is probably correct in its view of the constitutional position ; but it is not applicable in the present instance, as there is no question of the direct action of the Crown. On the other hand, however, there is no doubt that the Crown would either accept the advice of a Prime Minister to dismiss a colleague for any reason which such Minister thought sufficient, or else relieve such Minister from his duty as its Adviser. In your case His Excellency the Administrator accepted the advice tendered him by the Prime Minister. I have, &c, George Fisher, Esq., M.H.E., Wellington. H. A. Atkinson.

Wellington, 7th May, 1889. Sic,- — Customs v. Hamilton. I am directed by Mr. Hamilton to inquire whether he is to understand from your recent communication that the late Commissioner of Customs was not entitled or warranted in informing me that the penalty inflicted herein was mitigated to £100. If you really intend to convey this, then I confess I am not a little astonished to find that in this colony the word of a Minister of the Crown cannot be taken on a matter over which he assumes to exercise jurisdiction. Moreover, I certainly understood from Mr. Bell, when it was arranged that £200 should be paid into Court, that no further claim would be made ; and now I am informed by the Clerk of the Eesident Magistrate's Court that he is instructed by the Justice Department to issue execution for £9 155., the costs. I feel sure that on your attention being directed to the matter it will receive your consideration. I have, &c., The Hon. the Premier. E. G. Jellicoe.

Department of Trade and Customs, Bth May, 1889. Sir, — Customs v. Hamilton. lam directed by the Hon. the Premier to ask you to be so good as.to state what recent communication from him is referred to in your letter of yesterday's date. I have, &c, W. T. Glasgow, E. G. Jellicoe, Esq., Wellington. (For Secretary.)

Wellington, Bth May, 1889. Sic, — Customs v. Hamilton. Unfortunately I have mislaid the letter Mr. Hamilton gave me; but it was a notification that the penalties in this matter had been reduced by £50, and that after I had been previously notified by the Commissioner that they had been mitigated to £100 in all. Probably you have a copy of the letter in question. . Yours obediently, W. T. Glasgow, Esq., Secretary of Customs, Wellington. E. G. Jellicoe.

Deae Me. Bell, — Department of Trade and Customs, Bth May, 1889. Mr. Jellicoe, in a letter to the Hon. the Premier, states as follows :— " Moreover, I certainly understood from Mr. Bell, when it was arranged that £200 should be "paid into Court, that no further claim would be made; and now lam informed by the Clerk of " the Eesident Magistrate's Court that he is instructed by the Justice Department to issue execu- " tion for £9 155., the costs." The Premier wishes to know whether there was an understanding with you that the costs, as well as £50 of the penalty, should be remitted. Would you kindly reply hereon. Yours very truly, W. T. Glasgow, H. D. Bell, Esq., Crown Solicitor. (For Secretary.)

Deae Me. Glasgow,— Wellington, Bth May, 1889. I have your letter of to-day. I made no arrangement of any kind with Mr. Jellicoe. Mr. Jellicoe told me that Hamilton would pay £200, and that that was all he could pay. I simply said I would forward his offer to you. I went over to your office and wrote a letter there (of which I have no copy), informing you of what Mr. Jellicoe had said. I "understood" nothing about costs, because I did not happen to consider or mention tha point. Mr. Jellicoe may have had it in his mind, but did not mention it. In speaking to me yesterday of the matter Mr. Jellicoe told me he was going to write protesting. I said to him, "I don't think either of us thought of the costs ;" and I understood him to assent. I can only repeat that there is not and never has been any " understanding " or " arrangement " of any kind; and that any remission of penalties, and the extent of such remission, depends on