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 SOUTHERN RHODESIA. 
 
 CORRESPONDENCE 
 
 RELATING TO THE 
 
 CONSTITUTION OF SOUTHERN RHODESIA. 
 
 Presented to Parliament by Command of His IDajestv. 
 
 ■ April, 1914. 
 
 LONDON: ! 
 
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 1914. 
 
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 TABLE OF C0]\ TENTS. 
 
 Serial 
 No. 
 
 From or to whom. 
 
 The British South 
 Africa Company. 
 
 To the British South 
 Africa Company. 
 
 The British South 
 Africa Company. 
 
 To the British South 
 Africa Company. 
 
 Subject 
 
 1910. 
 
 October 20 
 
 December 20 
 
 1911. 
 
 January 6 
 
 February 9 
 
 The British South 
 Africa Company. 
 
 TotlieBritisliSoutT]: 
 Africa Company. 
 
 The British South 
 Africa Company.- 
 
 February 22 
 
 -. March 8 
 
 April 4 
 
 Encloses copies of communications between the 
 Administrator and the Elected Members of the 
 Legislative Council, from which it will be seen 
 that the Elected Members refused to concur in 
 the proposals of the Company with regard to 
 the new Order in Council and that the only 
 alternative they ofiEored was, in effect, that 
 changes should be limited to provisions required 
 to give them a majority vote in the Council. 
 
 States that the High Commissioner has suggested 
 the issue of a proclamation so amending the 
 1903 Order in Council as to legalize the majority 
 at present accorded to the Elected Members as 
 an act of grace. 
 
 Encloses a further draft of the proposed new 
 Order in Council ; observes that the Company 
 cannot agree to the proposal of the High Com- 
 missioner as the powers of the Company to 
 fulfil its administrative obligations would be 
 imperilled ;, remarks upon the proposals of the 
 new draft and claims that they carry out the 
 pledges given by the Visiting Directors in 
 the Declaration of Policy on 21st October, 
 1907. 
 
 Expresses the opinion that Clause 9 of the new 
 Order in Council is not a fulfilment of the 
 promise made by the Visiting Directors, and 
 states that Mr. Hareourt cannot submit the 
 draft to His Majesty in Council until the 
 Elected Members have had an opportunity to 
 express their opinion in regard to Clause 9. 
 
 States objections to the procedure suggested in 
 No. 4 and renews request for approval of their 
 proposals. 
 
 Regrets that the Secretary of State is unable to 
 submit the draft Order in Council to the King 
 in Council ; agrees that action may be suspended 
 pending the meeting of the new Legislative 
 Council in May on the understanding that the 
 position of the Company should then be fully 
 explained in the Council and an endeavour 
 made to obtain the concurrence of the Elected 
 Members in the Order in Council as a whole. 
 
 Expresses opinion that no practical result would 
 be secured by a further endeavour to obtain the 
 concurrence of the Elected Members in the 
 Order in Council as a whole ; submits revised 
 drafts of an Order in Council which, in the 
 opinion of the Company, does not provide for 
 the discharge in all circumstances of the 
 obligations of the Company. 
 
Ill 
 
 Serial 
 No. 
 
 From or to whom. 
 
 Date. 
 
 Subject. 
 
 Pasfe. 
 
 
 
 1911. 
 
 
 
 8 
 
 To the British South 
 Africa Company. 
 
 April 1.5 
 1914. 
 
 Informs them that draft B. enclosed in No. 7 will 
 be submitted to His Majesty in Council for 
 enactment at the first opportunity ; observes 
 that the responsibility of submitting an Ordi- 
 nance which could be regarded by the Elected 
 Members as fulfilling the pledge of the Visiting 
 Directors must rest with the Company and not 
 with the Secretary of State. 
 
 10 
 
 9 
 
 The British South 
 Africa Company. 
 
 To British South 
 Africa Company. 
 
 March 17 
 March 21 
 
 Calls attention to certain inaccuracies in a state- 
 ment made by Mr. Harcourt in the House of 
 Commons. 
 
 10 
 
 10 
 
 Replies to No. 9 and states that Mr. Harcourt is 
 quite ready to publish the correspondence with 
 his explanation. 
 
 11 
 
 11 
 
 The British South 
 Africa Company. 
 
 March 26 
 
 Points out that in taking steps to ensure that the 
 administration should not be outvoted in the 
 Legislative Council by the Elected Members the 
 Company was following a policy favoured by the 
 Colonial Office ; asks that the whole correspond- 
 ence may be published. 
 
 11 
 
 12 
 
 To the British South 
 Africa Company. 
 
 April 1 
 
 Observes that the correspondence will be laid before 
 Parliament at an early date and that Mr. Har- 
 court will be glad to include in it any explana- 
 tion which Sir S. Jameson may desire to give 
 of his action in making public an isolated 
 paragraph of an unpublished letter without 
 having sought Mr. Harcourt's concurrence. 
 
 12 
 
 13 
 
 The British South 
 Africa Company. 
 
 April 2 
 
 Observes that there was nothing misleading in 
 Sir Starr .Jameson's quotation and that it does 
 not seem to him that any explanation is called 
 for. 
 
 12 
 
 (939—2.) Wt. 890.— G 332. 1500. 4/14. D & 3. G 1. 
 
 298545 
 
SOUTHERN RHODESIA. 
 
 CORRESPONDENCE 
 
 RELATING TO THE 
 
 CONSTITUTION OF SOUTHEEN RHODESIA. 
 
 No. 1. 
 
 The BRITISH SOUTH AFRICA COMPANY to COLONIAL OFFICE. 
 
 (Received 24 October, 1910.) 
 
 2, London Wall Buildings, London, E.C., 
 Sir, 20th October, 1910. 
 
 I AM directed to refer to my letter of 22nd October, 1909,* and to previous 
 correspondence regarding the proposed new Order in Council for Southern Rhodesia, 
 and to transmit, for the information of the Secretary of State, copies of the confiden- 
 tial communications* that have passed between Sir William Milton and the Elected 
 Members of the Legislative Council. 
 
 2. It will be seen from the above correspondence that the Elected Members 
 were unanimous in refusing to concur with the proposals of the Company, and it 
 will also be noted that the only alternative which they had to offer in response to the 
 request of Sir William Milton, was, in effect, that the changes to be made in the 
 Southern Rhodesia Order in Council should be limited to the provisions required to 
 give to them a majority vote in the Council. 
 
 3. I am to add that the Board is now reconsidering the whole question, and 
 expects to be in a position to address a further communication to you at an early 
 date. 
 
 I am, &c., 
 
 A. P. MILLAR, 
 
 Assistant Secretary. 
 
 Np. 2. 
 
 COLONIAL OFFICE to the BRITISH SOUTH AFRICA COMPANY. 
 
 Sir, Downing Street, 20th December, 1910. 
 
 I AM directed by Mr. Secretary Harcourt to refer to Mr. Millar's letter of the 
 20th of October,! forwarding copies of correspondence between the Administrator 
 of Southern Rhodesia and the Elected Members of Council relative to the proposed 
 new Order in Council, and stating that your Board expected to be in a position to 
 address the Secretary of State further at an early date. 
 
 I am to state that Mr. Harcourt considers that further delay in attempting a 
 settlement of this question would be a matter for regret, and that he will be glad to 
 have the observations of your Directors on it at their very early convenience. In a 
 despatch received in this Office on the 10th of December,* the High Commissioner 
 for South Africa has suggested that, failing an early agreement as to the wording 
 of the financial clause of the draft Order in Council (8) which is in dispute, it might 
 be worth while to consider the issue of a High Commissioner's Proclamation amend- 
 ing the paragraph of Article 2 of the 1903 Order in Council:]: marked " 17 (A) (1) " 
 
 • Not printed. t ^^o. 1. , t See Appendix. 
 
 939 A 
 
by the substitution of the word " twelve " for the word '" fourteen " and of the word 
 " five " for the word " seven " where that word first occurs. In this way it would be 
 possible to legalise, if only as a temporary measure, the majority at present accorded 
 to the Elected Members as an act of grace on the part of the Company. The 
 Elected Members would, in the view of the High Commissioner, probably prefer this 
 course to a continuance of the present indefinite and unsatisfactory situation, while 
 from the point of view of the Company the issue of a proclamation would be less 
 open to objection, especially if the proclamation were given effect to for a stated 
 period only, than an Order in Council which might be thought not to preserve to 
 them the protection desired in financial matters and which, when once issued, it 
 would be difficult to modify. Before such a proclamation could be issued, it would 
 of course be necessary for the Legislative Council to pass a resolution in terms of 
 Article 2 of the Order in Council of 1903. Your Directors will no doubt give ful^ 
 consideration to the method of procedure suggested by the High Commissioner. | 
 I am to take this opportunity of observing that it has not as yet been explained 
 why the Administrator, in circulating the draft clause (8) of the Order in Council 
 to the Elected Members, omitted the last sentence of that clause, providing for com- 
 munication with the High Commissioner in every case where the Administrator 
 •exercised the power proposed to be vested in him by the second sentence of the clause. 
 
 I am, &c., 
 
 H. W. JUST. 
 
 No. 3. 
 The BRITISH SOUTH AFRICA COMPANY to COLONIAL OFFICE. 
 
 (Received 7 January, 1911.) 
 
 2, London Wall Buildings, London, E.C., 
 Sm, 6th January, 1911. 
 
 I AM directed to refer to your letter of 20th ultimo,* upon the subject of the 
 proposed new Order in Council for Southern Rhodesia, and to transmit, for the 
 favourable consideration of the Secretary of State, a further draft embodying the 
 proposals which the Directors desire to make after consultation with Sir Robert 
 Finlay. 
 
 2. It may be convenient to state arthe outset that the omission referred to in 
 the last paragraph of your letter* under reply was made with the desire of obviating 
 the difficulties pointed out by the Secretary of State in your letter of 6th August, 
 1909, t and it was assumed that the action of the Company in withdrawing the 
 additions to Clause 8 would be approved. 
 
 3. With regard to the suggestion of the High Commissioner that, failing an 
 early agreement, a solution might be found in the issue of a proclamation, I am to 
 state that this method of procedure does not commend itself to the Board. It is 
 considered that the policy of effecting a constitutional change of the magnitude 
 proposed by means of a proclamation would be contrary to precedent and open to 
 objection. The Board further dissents from the view which is apparently held that 
 if experience should prove that too wide powers had been conferred by proclamation 
 it would be easy to introduce limitations by subsequent modification. Any such 
 action would, in the opinion of the Board, give rise to the agitation and ill-feeling 
 which it is the chief desire of the Directors to avoid. On the other hand, it is 
 believed that the promulgation of an appropriate Order in Council would finally 
 dispose of the questions at issue. 
 
 4. The proclamation suggested by Lord Gladstone would give to the Elected 
 Members a majority in the Legislative Council for all purposes without reservation. 
 To the issue of such a proclamation the Company cannot agree. In the view of the 
 Directors it is essential that the Company should remain free to fulfil the primary 
 obligations as to good government imposed upon it by its Charter. They consider 
 that this position would be imperilled if the Legislative Council, which has no 
 executive authority or duties, were able to prevent the Company from discharging 
 its administrative obligations. 
 
 5. With regard to the enclosed new draft Order in Council I am to point out 
 that the first five paragraphs are identical with the paragraphs similairly numbered 
 
 • No. 2. t Not printed. 
 
3 
 
 in the previous print. Section 6 and Section 7 (which was in the earlier proof) arer 
 taken Irom Ordinance No. 2 of 1899, providing Rules of Order for the Legislative 
 Council, and are introduced to give permanency to these provisions. 
 
 Section 9, which is the substitute now proposed for Section 8 in the previous 
 draft, is dealt with in the following paragraphs of this letter. 
 
 6. The Board, having reconsidered the whole question, with the hope of finding 
 a solution to meet as far as possible the views of the Elected Members of the Legisla- 
 tive Council, does not press the view expressed in the last sentence of paragraph 5 
 of my letter of 13th August, 1909.* The Company will not ask for the power of 
 carrying an affirmative vote in the face of an adverse majority of the Council. 
 
 7. So far as administrative revenue is concerned, the Board would not appre- 
 hend any danger under the proposed Order. A considerable revenue is already 
 assured by the operation of Ordinances of a permanent character, such as the 
 Customs, Hut Tax and Stamps, and Licences Ordinances. It cannot, however, be 
 disguised that the changes proposed might result in the establishment of an inelastic 
 fiscal system. 
 
 8. In regard to administrative expenditure the situation is more difficult, and 
 it is here.that the possibility of danger is apprehended. There might be refusals on 
 the part of the Legislative Council to vote adequate or appropriate supplies for the 
 public service, and in either event, unless the Administrator were able to expend, 
 at his discretion, such sums as might be required for the conduct of the administra- 
 tion, the only suggested solution of the difficulty would lie in the constant direct 
 intervention of the High Commissioner. This is the solution w^hich the Elected 
 Members appear to contemplate, but the Directors cannot accept because they 
 consider it to be unworkable. 
 
 9. The finances of the Company are protected because the Legislative Council 
 cannot compel the Administration to spend money, and under Clause 40 of the 
 Southern Rhodesia Order in Council it is not competent for the Elected Members 
 to introduce legislation that would change this position. The Board, however, 
 feels strongly that a more general view must be taken of the question than would 
 be required were the finances of the Company the sole consideration, and it cannot 
 acquiesce in the establishment of a state of affairs which would allow the govern- 
 ment of Rhodesia to be thrown, even temporarily, into chaos. 
 
 10. The danger to be guarded against is that the Executive might be paralysed 
 and rendered incapable of carrying out its administrative duties by action of the 
 Legislative Council, to which, under the constitution of Southern Rhodesia, it is not 
 responsible. Clause 9 of the proposed Order is designed to meet the difficulty. It 
 will be seen that it gives to the Administrator the power by executive act of carrying 
 on the administration in certain circumstances under carefully regulated conditions, 
 which ensure that the powers thus entrusted to him shall only be resorted to in 
 exceptional cases. 
 
 11. In conclusion, I am to say that, in the view of the Board, the proposals 
 now made fulfil, both in letter and in spirit, the pledges given by the Visiting 
 Commission in the Declaration of Policy made at Bulawayo on the 21st October, 
 1907, and they hope that the acceptance of these proposals by the Secretary of 
 State will make it unnecessary to refer in greater detail to the correspondence 
 between the Administrator of Southern Rhodesia and the Elected Members of the 
 Legislative Council. The Directors have gone further in the direction of conces- 
 sion than, in their view, is necessary t« carry out the promises of the Company 
 according to the widest construction which can fairly be placed upon the Declara- 
 tion apart from the intention which its words were designed to embody. They do 
 so in the hope that the Elected Members will respond to the confidence reposed in 
 them. 
 
 12. The Directors respectfully trust that with these explanations the Secretary 
 of State will give his most favourable consideration to the proposals of the Company, 
 which are made with the fullest sense of responsibility, and with the desire to 
 concede as wide a measure of popular control as present circumstances appear to 
 them to require and warrant. 
 
 I am, &c., 
 
 ■ D. E. BRODIE, 
 
 Secretary. 
 
 * Not printed. 
 '.m A 2 
 
Enclosure in No. 3. 
 
 Southern Rhodesia. 
 
 The Southern Rhodesia Order in Council, 1911. 
 
 At the Court at 
 
 The day of 1911. 
 
 Present, 
 
 The King's Most Excellent Majesty. 
 
 Whereas it is expedient to amend the provisions of the Southern Rhodesia 
 
 Order in Council 1898 (hereinafter referred to as " the Order of 1898 "), and the 
 
 provisions of the Southern Rhodesia Order in Council 1903 (hereinafter referred to 
 
 as " the Order of 1903 ") : 
 
 And whereas it is expedient to revoke the Southern Rhodesia Order in Council 
 
 1904, and to substitute provisions for ensuring to the Company the control of 
 
 financial matters while preserving to members of the Legislative Council fujl liberty 
 
 of discussion and debate : 
 
 Now therefore His Majesty, by virtue and in exercise of the powers by the 
 
 Foreign Jurisdiction Act, 1890, or otherwise in His Majesty vested, is pleased by 
 
 and with the advice of His Privy Council, to order and it is hereby ordered as 
 
 follows : — 
 Short title. 1. This Order may be cited as the Southern Rhodesia Order in Council 1911. 
 
 Amendment 2. The uumbcr of mcmbcrs of the Executive Council for Southern Rhodesia 
 
 an<f u of^ ^^ appointed by the Company shall be three instead of four; and the word "three" 
 orderof 1898. shall accordingly be substituted for the word " four " in paragraph (1) of Article 13 
 
 of the Order of 1898. 
 
 In paragraph (3) of Article 14 of the Order of 1898 the word " two " shall be 
 
 substituted for the word " three." 
 Amendment 3. In the paragraph of Article 2 of the Order of 1903 which is marked 17 (1) 
 
 17 orof^''^ the word " twelve " is hereby substituted for the word " fourteen "; and the word 
 Orderof 1903. " five " is hereby substituted for the word " seven," where that word first occurs in 
 
 the said paragraph. 
 Amendment 4. In the paragraph in Article 2 of the Order of 1903 which is marked 17 (3), 
 
 i7(3)*of*^ the following words are hereby revoked and shall be deleted, that is to say, the 
 Orderof 1903. words " The elected members shall rank among themselves in order of the date of 
 
 their election ; and two or more members elected on the same day shall rank in the 
 
 alphabetical order of their names." 
 Revocation of 5- The paragraphs of Article 2 of the Order of 1903 which are respectively 
 
 p^^^^p^'^^ ^'^ numbered 40 and 41 are hereby revoked; and the Southern Rhodesia Order in 
 Orderof 1903 Council, 1904, is hereby also revoked without prejudice to anything already done or 
 ^'i9°04^'^'^^' suffered under the same respectively. 
 
 Appointment ^- ^hc Administrator or member presiding may from time to time appoint 
 
 of Chairman one of the members of the Council to be Chairman of Committees for the Session 
 mitteS! then current, and in the event of the absence of such Chairman by reason of illness or 
 
 any other cause, he may nominate a member of Council to act as Chairman for 
 
 the day. 
 sa^^ing^for 7. Ordinances interfering with the land and other rights of the Company shall 
 
 other^"ights uot be procccdcd with except with the consent of the Administrator. 
 
 SubmTssiTn ^- The Administrator shall submit to the Legislative Council in each year such 
 
 by Adminis- an estimate as he may think necessary of the whole expenditure not already fixed 
 annual"^ Avhich is intended to be incurred for services within Southern Rhodesia, together 
 estimates. with an estimate of the revenue of Southern Rhodesia, for the financial year then 
 next ensuing; and shall transmit to the High Commissioner and to the Company 
 at the earliest opportunity an Ordinance providing for the service of that year, 
 provided that emoluments of the Administrator, members of the Executive Council 
 and of such nominated members of the Legislative Council as are not members of 
 the Executive Council, Judges of the High Court, Magistrates, Native Commis- 
 sioners and Assistant Native Commissioners shall be deemed to be reserved, and 
 shall not be subjected to the vote of the Legislative Council. 
 Appropria- 9. Should the Legislative Council in any year fail to pass an Ordinance pro- 
 
 tion, &c. viding for the service of the year, or pass such Ordinance in a form which, in the 
 opinion' of the Administrator provides insufficiently or unsuitably for the due 
 
administration and good government of Southern Rhodesia, then nothing contained 
 in this Order or the Order of 1898 or the Order of 1903 shall prevent the Adminis- 
 trator vi^ith the sanction of the Company from expending for the due administration 
 and good government of Southern Rhodesia such moneys of the Company received 
 as public revenue as he may in his discretion consider essential. He shall forth w^ith 
 report his action in writing to the High Commissioner, and a copy of his report 
 shall be laid before the Legislative Council at its next Session after the expenditure 
 has been incurred. 
 
 10. This Order shall be published in the " Gazette," and commence and come Publication 
 into operation on a day to be fixed by the High Commissioner, and the High Commis- ^g^„o°™;nt 
 sioner shall give directions for the publication of this Order, at such place and in of order, 
 such manner and for such time or times as he thinks proper for giving due publicity 
 thereto. 
 
 11. His Maiestv may from time to time revoke, alter and add to or amend Power to 
 
 , 1 . ^ J J J J revoke Order. 
 
 this Order. 
 
 No. 4. 
 
 COLONIAL OFFICE to BRITISH SOUTH AFRICA COMPANY. 
 
 Sir, Downing Street, 9th February, 1911. 
 
 I AM directed by Mr. Secretary Harcourt to inform you that he has had under 
 his consideration your letter of the 6th of January,* forwarding an amended draft 
 Order in Council to make further provision for the constitution of Southern 
 Rhodesia. 
 
 2. With reference to paragraph 2 of this letter, I am to observe that Mr. 
 Harcourt does not clearly understand why the whole of the draft Order in Council 
 submitted for the consideration of his predecessor was not circulated by the 
 Administrator of Southern Rhodesia for the views of the Elected Members of the 
 Council. I am further to observe that while Mr. Harcourt's predecessor had pointed 
 out that the addition to Clause 8 of the former draft required careful consideration, 
 he had not negatived its communication to the Elected Members as a suggestion which 
 had commended itself to the Administrator. 
 
 3. The draft Order in Council now submitted differs from the previous draft 
 in two respects : (a) it includes as Clause 6 Section 5 of Ordinance 2 of 1899; and 
 (b) it replaces Clause 8 of the former draft by a Clause (9) which in the event of the 
 Council failing to pass an Appropriation Ordinance or passing an Ordinance which in 
 the opinion of the Administrator provides insufficiently or unsuitably for the public 
 service, would empower the Administrator to expend public revenue as in his dis- 
 cretion he may consider necessary, subject to the sanction of the Company and to a 
 report to the High Commissioner which is to be published at the next Session of the 
 Council. 
 
 4. The new Clause 6 appears to be a matter of minor importance. The terms 
 of the draft Order in Council as now submitted, and particularly the insertion of the 
 new Clause 9, are supported by your Directors on the ground that they are a fulfil- 
 ment in letter and spirit of the undertaking given by the Visiting Directors in 1907 
 and that they are in themselves reasonable, having regard to the fact that the 
 Company is, and will be, responsible for good government in Southern Rhodesia. 
 
 5. This responsibility was, however, on the Company in 1907, and Mr. Harcourt 
 apprehends that the Visiting Directors must be held when making their statement 
 of policy to have appreciated it and to have been prepared for any difficulties which 
 might arise in regard to it from the constitutional changes which they forecasted. 
 Further, your Directors must be held to have taken the same view when they 
 approved the policy stated by the Visiting Directors in the Board minute of the 
 4th of December, 1907 (see enclosure to letter to the Colonial Office, December 23rd 
 1907). t 
 
 6. The question therefore which has to be considered is whether the draft 
 Order in Council now submitted does or does not carry out the pledge of the Visiting 
 Directors confirmed by your Board. That pledge, so far as it affects the present 
 issue, was in the following terms : — 
 
 " In order to bridge over the intervening period (i.e., the period up to the 
 grant of self government) application will be made for an Order of His 
 
 No. 3. t Not printed. 
 
Majesty in Council reducing the Nominated Members of the Legislative 
 Council to five, but, until the grant of responsible government, protecting the 
 position of the Company in fiscal matters, as now procured by the existing 
 rules of the Legislative Council and Clause 40 of the Southern Rhodesia Order 
 in Council, 1898." 
 
 7. Mr. Harcourt apprehends the plain meaning of the terms of this pledge to 
 be that the protection of the positioti of the Company in fiscal matters is to be 
 secured by enacting in the new Order in Council (a) such part of the existing rules 
 of the Legislative Council as bear upon the question of the Company's position in 
 fiscal matters, and (b) Clause 40 of the Order in Council, 1898. The draft Order in 
 Council now submitted embodies in Clauses 6 and 7 Section 5 of Ordinance 5 of 1899 
 and Rule 48 of the Rules scheduled to that Ordinance. So far it is in accordance 
 with the pledge, but it does not include a provision on the lines of Clause 40 of the 
 Order in Council of 1898 and Rule 36 of the Rules scheduled to Ordinance 5 of 1899, 
 but substitutes for it a clause for which there is no authority either in the Order in 
 Council or the Rules, and which would, in effect, enable the Administrator to over- 
 rule the views of the Elected Members at his discretion. 
 
 8. The new clause cannot, accordingly, be expected to be accepted as a fulfil- 
 ment of the pledge of the Visiting Directors, and Mr. Harcourt, after consulting the 
 High Commissioner for South Africa, has no sufficient grounds for supposing that it 
 is more likely to be accepted by the Elected Members as a settlement than was the 
 clause which it replaces. That clause, at all events, included Clause 40 of 1898, and 
 though it was unacceptable on other grounds, was so far more closely in accord with 
 the pledge of the Visiting Directors than is the new clause. 
 
 9. Mr. Harcourt is accordingly unable to submit the draft Order in Council 
 to His Majesty in Council in its present form without an opportunity being afforded 
 to the Elected Members to express their opinion with regard to its terms. It seems 
 to him that if the pledge of the Visiting Directors is to be fulfilled and the con- 
 currence of the Elected Members to be secured, it should be amended by the excision 
 of Clause 9 and by the insertion of a clause on the lines of Clause 40 of the Order 
 in Council of 1898 and Rule 36 of the Rules of the Legislative Council. 
 
 10. If this is done the Company will still retain important safeguards in 
 respect that its land and other rights cannot be interfered with by Ordinance without 
 the consent of the Administrator, that the initiative in respect both of the levying 
 and appropriation of the public revenues will rest with the Administrator, and that 
 the power to dissolve the Council will also remain to the Administrator. Further, 
 the concurrent power of legislation possessed by the High Commissioner will remain 
 in full force, as will the power of the Secretary of State to disallow any Ordinance of 
 the Council. 
 
 11. Mr. Harcourt also thinks it proper to point out that the position which 
 would exist under an Order in Council carrying out the pledges of the Visiting 
 Directors has, as a matter of fact, existed in practice for two years already, and no 
 evil consequences have resulted so far as he is aware. The fact that any serious 
 difference of opinion between the Elected Members and the Company must inevitably 
 bring to the front the question of the entrance of Southern Rhodesia into the Union 
 should in practice be a moderating influence of great value. 
 
 12. In view of the dissatisfaction which has already found public expression 
 at the delay in issuing the new Order in Council, Mr. Harcourt is constrained to 
 press on your Directors the urgency of considering the above points and dealing 
 effectively with the matter at the earliest possible moment. 
 
 I am, &c., 
 
 H. W. JUST. 
 
 No. 5. 
 
 BRITISH SOUTH AFRICA COMPANY to COLONIAL OFFICE. 
 
 (Received 24 February, 1911.) 
 
 Sir, 2, London Wall Buildings, London, E.C., 22nd February, 1911. 
 
 I AM directed to acknowledge the receipt of your letter of the 9th instant,* 
 on the subject of the proposed Order in Council to make further provision for the 
 constitution of Southern Rhodesia. 
 
 ■■' ■'^■"■■"^ ' ■ • No. 4. 
 
2. It may be convenient to state at the outset that, through an error in printing, 
 which the Directors exceedingly regret, Clause 40 of the Southern Rhodesia Order 
 in Council was accidentally omitted from the draft that accompanied my letter of 
 the 6th ultimo.* The terms of that clause were embodied in their entirety at the 
 commencement of Clause 8 of the draft referred to in paragraph 3 of your letter 
 'under reply, and in making new proposals in substitution for the above Clause 8 it 
 Was intended that Clause 40 should be retained. Paragraphs 6, 7, and 8 of my 
 letter of the 6th ultimo were framed on the footing that Clause 40 remained. I now 
 
 jenclose amended prints t of the draft Order in substitution for those previously sup- 
 plied in which Clause 40 has been printed as a separate Clause (Clause 8). The 
 new proposals of the Company (previously Clause 9) are now set out in Clause 10 of 
 the draft. 
 
 3. In reference to paragraph 2 of your letter, I am to repeat that the Directors 
 acted, as has already been stated, in the belief that they were meeting the views of 
 the Secretary of State and with the desire to avoid delay. 
 
 4. With reference to the general criticism of the Secretary of State upon 
 Clause 9 — now 10 — I am in the first place to point out that the Administrator would 
 not be empowered to expend public revenue as in his discretion he might consider 
 necessary — as suggested in paragraph 3 of your letter — but his authority would be 
 restricted in clearly defined contingencies to such expenditure as might be necessary 
 for due administration and good government in fulfilment of the obligations of the 
 Company under the Royal Charter. 
 
 5. My Directors readily admit that, as stated in paragraphs 4 and 5 of your 
 letter, the responsibility of the Company for the good government of Southern 
 Rhodesia was present to the minds of the Visiting Commission when they made their 
 Statement of Policy at Bulawayo in 1907, and. that the responsibility was also fully 
 recognised by the Board when the action of- the Commission was subsequently 
 approved. The Directors find in these facts the strongest confirmation of their 
 present attitude because in their view it should not readily be assumed that they 
 intended to place it out of the power of the Company to fulfil its obligations. It is 
 precisely because of this responsibility that the Company insisted, and must still 
 insist, upon protection in fiscal matters. 
 
 6. My Directors regret that they do not agree with the construction put upon 
 the Declaration of Policy by paragraph 7 of your letter. The words " as now 
 procured " were taken and are regarded by the Board as indicating the measure of 
 protection which the Company would require in fiscal matters when for the first time 
 the Elected Members constituted a majority of the Legislative Council. 
 
 7. So long as the Nominated Members are a majority in the Legislative Council 
 the position of the Company in fiscal matters is secured, and there can be no fear 
 of any failure to pass an adequate Appropriation Ordinance. If the Nominated 
 Members in the Council are placed in a minority, it is necessary to secure the 
 Administration against the dangers fully dealt with in paragraphs 7 and 8 of my 
 letter of the 6th ultimo. In the view of my Directors, the Company is not sufficiently 
 protected in fiscal matters while this risk remains. 
 
 8. My Directors fear that the Secretary of State has not appreciated the 
 serious condition that would arise were the Executive unable to make proper pro- 
 vision for the public service, and I am respectfully to submit that a provision in the 
 proposed Order in Council upon this point is an administrative matter with which 
 the Elected Members, who have legislative functions only without executive responsi- 
 bilities, are not concerned, and is within the terms of the Declaration of Policy. The 
 references to Clause 40 of the 1898 Order in Council and to the rules of the Legisla- 
 tive Council were intended to illustrate the character of the protection to be procured 
 by the new Order in Council to be applied for, and it would be unreasonable for the 
 Company to omit to put into the new Order adequate words to meet a recognised 
 difficulty. 
 
 9. With special reference to paragraphs 8 and 9 of your letter, I am to 
 remind you that the Directors have never given any pledge to the Elected Members 
 of the Legislative Council that their concurrence with the terms of the Order pro- 
 posed to be applied for by the Company should be sought; and, further, that the 
 Directors have on the contrary, in my letter of the 13th August, 1909,| expressed 
 
 • No. 3. I Not reprinted. J Not printed. 
 
the view that the concurrence of the Elected Members could not be expected. On 
 the other hand, the Directors believe that an Order which is in itself fair and equit- 
 able, and contains only such provisions as are necessary and proper for securing 
 good government, will, when once issued, be accepted by the people of Southern 
 'hodesia. 
 
 10. In reference to paragraph 10 of your letter under reply I am to point out 
 that a dissolution of the Legislative Council does not appear to be an adequate 
 safeguard, because under the constitution of Southern Rhodesia dissolution does not 
 affect the Executive Council, which is a body wholly independent of the Legislative 
 Council, and to state that for the reasons given in this letter, and in my letter of the 
 6th ultimo, the Directors consider it to be essential that the executive powers of the 
 Company should be sufficient in all circumstances to allow it to meet its obligations 
 and fulfil responsibilities without the intervention of the Imperial authorities. 
 
 11. My Directors conclude from paragraph 11 of your letter that the Secretary 
 of State is under a misapprehension with reference to the position which has existed 
 during the last two years, for it has always been open to the Company to nominate 
 additional members for the Legislative Council and thus restore its majority. 
 
 12. My Directors have considered it to be their duty to ask for the approval 
 of the Secretary of State to an Order in Council which in their opinion fulfils the 
 pledges made by the Visiting Commission and enables the Company to discharge 
 adequately the obligations imposed upon it by the Royal Charter. They have also 
 attempted to state respectfully their objections to the procedure suggested in your 
 leUer, and to point out how in their opinion these suggestions fail to meet the con- 
 ditions of Southern Rhodesia. 
 
 13. The Board recognises that the final word upon the question at issue rests 
 with His Majesty's Government, with whom is the responsibility of submitting to 
 His Majesty in Council any Order in Council deemed necessary in the interests of 
 this portion of His Majesty's dominions, but the Directors are confident that the 
 Secretary of State will, in tendering advice to His Majesty in Council, have due 
 regard to the responsibilities — financial and otherwise — imposed upon this Company 
 by the terms of the Royal Charter. 
 
 I am, &c., 
 
 D. E. BRODIE, 
 
 Secretary. 
 
 No. 6. 
 
 COLONIAL OFFICE to BRITISH SOUTH AFRICA COMPANY. 
 
 Sir, Downing Street, 8 March, 1911. 
 
 I AM directed by Mr. Secretary Harcourt to acknowledge the receipt of your 
 letter of the 22nd ultimo* relative to the proposed Order in Council to make further 
 provision for the constitution of Southern Rhodesia. 
 
 2. Mr. Harcourt is of the opinion that the Order in Council as now submitted 
 does not carry out the pledge given by your Visiting Directors in 1907 and confirmed 
 by the Board, and cannot be expected to be regarded as doing so by the representa- 
 tives of Southern Rhodesia. In the circumstances, he regrets that he is unable to 
 submit the draft Order to His Majesty in Council. It is for your Directors to con- 
 sider whether they will take the people of Southern Rhodesia into their confidence in 
 the matter either before or after the elections for the Legislative Council, which it 
 is understood will probably take place in April. 
 
 3. Mr. Harcourt is prepared to agree that action in the matter may be sus- 
 pended pending the meeting of the new Legislative Council in May on the under- 
 standing that the position assumed by your Directors should theii be fully explained 
 in the Council and an endeavour made to obtain the concurrence of the Elected 
 Members in the Order in Council as a whole. It appears to Mr. Harcourt that, if 
 an agreement cannot be reached at an early date, it may become necessary to publish 
 the whole of the correspondence. 
 
 I am, &c., 
 
 H. W. JUST. 
 
 * No. 5. 
 
No. 7. 
 The BRITISH SOUTH AFRICA- COMPANY to COLONIAL OFFICE. 
 
 (Received 5 April, 1911.) 
 
 Sm, 2, London Wall Buildings, E.C., London, 4th April, 1911. 
 
 I AM directed to acknowledge receipt of your letter of the 8tli March* relative 
 to the proposed Order in Council to make further provision for the Constitution of 
 Southern Rhodesia. 
 
 2. My Directors note with regret that Mr. Secretary Harcourt is of opinion 
 that the draft Order forwarded in my letter of the 22nd February! does not give effect 
 to his interpretation of the pledge given at Bulawayo in 1907, and that he is unable 
 to submit it to His Majesty in Council. 
 
 3. They desire to place on record that throughout the discussions at Bulawayo 
 it was distinctly stated by the Visiting Commission that the change in the constitu- 
 tion of the Legislative Council which they would recommend must be on the con- 
 dition that control of finance was to be retained by the Company. I am to state that 
 the Visiting Commission did not intend by their Declaration of Policy to go beyond 
 the position laid down in paragraphs 6 and 7 of my letter of the 22nd February, t and 
 that upon this construction of the Declaration it was confirmed by the Board. 
 
 4. The letters from this Company of 6th January last| (paragraphs 7 and 8) 
 and of the 22nd February t (paragraphs 7 and 8) placed before Mr. Harcourt the diffi- 
 culties which might arise in the administration of Southern Rhodesia, in the 
 absence of the safeguards provided by Clause 10 of the draft Order in Council. 
 My Directors regret that the arguments advanced by them do not appear to have 
 weighed with the Secretary of State. 
 
 5. The Board fully recognises the new position created by the refusal of the 
 Secretary of State to submit the draft Order in Council. 
 
 6. For the reasons stated in paragraph 9 of my letter of the 22nd February,! my 
 Directors do not consider that any practical result will be secured by further 
 endeavour to obtain the concurrence of the Elected Members in the Order in Council 
 as a whole. They do not, therefore, propose to ask for the consent of the Secretary 
 of State to the adoption of the course suggested in paragraph 3 of your letter* under 
 reply. 
 
 7. As the Secretary of State cannot submit the draft Order in Council, which, 
 in the opinion of the Board, effectively reserves the control of finance to the Company, 
 my Directors are left with two alternatives, either to withdraw the application for 
 a new Order on the ground that they find it impracticable to give effect to the 
 intentions of the Visiting Commission in a form acceptable to the Secretary of State, 
 or to propose an Order which, in their judgement, does not provide for the fulfilment 
 in -all circumstances of the obligations for the good government of the country imposed 
 upon the Company by the Royal Charter. 
 
 8. Having regard to the views of the Secretary of State, and with the desire to 
 bring about an immediate settlement, my Directors have decided to adopt the second 
 alternative. They accordingly respectfully request the Secretary of State to recom- 
 mend to His Majesty in Council the accompanying draft Order§ marked " A," which 
 complies with the requirements indicated in your letter of the 9th February last.|| 
 In this draft, Clause 10 of the draft accompanying my letter of the 22nd February 
 lastt is not included, and Rule 36 of the Rules scheduled to Ordinance No. 5 of 1899 
 has been incorporated as suggested in your letter of the 9th February last.|| The 
 Board takes this course in the hope that the constitutional difficulties against which 
 no provision is made in the draft Order in Council now submitted will not arise, 
 owing to the good sense and feeling of the Elected Members of the Legislative 
 Council. 
 
 9. The above draft Order marked " A " is identical with the draft submitted 
 with my letter of 22nd February! save for the omission of Clause 10 and the insertion 
 of Rule 36. As, however, the form of the draft can now be considerably simplified 
 and improved, consequent upon the omission of Clause 10, I am also to transmit 
 for consideration an alternative draft marked " B,"§ which the Directors are advised 
 has precisely the same legal meaning and effect as the draft marked " A." 
 
 10. In order that the Administrator may be fully advised before the meeting 
 of the Legislative Council early in May, I am to ask respectfully for as early an 
 
 * No. 6. t No. 5. + No. 3. || No. 4. § Not i)rinted. 
 
 d39 Q 
 
10 
 
 intimation as possible when the draft Order will be submitted to His Majesty in 
 C'ouncil. I am, &c., 
 
 D. £. BRODIE, 
 
 Secretary. 
 
 No. 8. 
 
 COLONIAL OFFICE to the BRITISH SOUTH AFRICA COMPANY. 
 Sib, Downing Street, 15 April, 1911. 
 
 I AM directed by Mr. Secretary Harcourt to acknowledge the receipt of your 
 letter of the 4th of April,* and to state that, after consulting the High Commissioner 
 for South Africa, he is prepared to approve the draft Order in Council for Southern 
 Rhodesia enclosed in your letter and marked " B." This Order will be submitted 
 to His Majesty in Council for enactment on the first opportunity. 
 
 Mr. Harcourt's views on the general question of this Order in Council in relation 
 to the pledge given by the Visiting Directors and approved by your Board have 
 been so fully stated in the previous correspondence that he does not propose to 
 comment at length on your letter under acknowledgment. He is, however, con- 
 strained to observe that your Directors have in fact had before them the alternatives 
 of submitting an Order in Council which could be admitted by the elected represen- 
 tatives of the people of Southern Rhodesia to be a fulfilment of the pledge of the 
 Visiting Directors, or of stating that they could not do so and of taking those 
 representatives into consultation with a view to a settlement by consent. As your 
 Directors have not accepted the second alternative, the responsibility for the action 
 necessary to carry out the first alternative must rest on them and not on the 
 Secretary of State. 
 
 I am, &c., 
 
 H. BERTRAM COX. 
 
 No. 9. 
 
 The BRITISH SOUTH AFRICA COMPANY to COLONIAL OFFICE. 
 
 (Received 18 March, 1914.) 
 
 Sib, 2, London Wall Buildings, London, E.C., 17th March, 1914. 
 
 I AM desired by Sir Starr Jameson to refer to Mr. Harcourt's statements in 
 the House of Commons last night when replying to Mr. MacNeill and afterwards 
 to Sir Gilbert Parker. 
 
 2. Mr. Harcourt, in referring to the Order in Council of 1898, said that the 
 provisions dealing with the natives had been " consistently and continually enforced 
 by the High Commissioner," which would lead to the inference that there had been 
 some neglect by this Company of its duties in this respect. We are not aware of 
 any suggestion to this effect ever having been made to the Company. 
 
 3. The letter from which Sir Starr Jameson quoted in his speech at Salisbury 
 on the 22nd December last was not directed to " the enlargement of the number of 
 Elected Members and a restriction of the number of the nominated Members in the 
 Legislative Council in Southern Rhodesia." Upon these points there has been no 
 controversy. 
 
 4. The Declaration of Policy issued in Bulawayo by the visiting Directors on 
 the 21st October, 1907, provided that the number of nominated Members should be 
 reduced from seven to five and that the number of Elected Members should remain 
 seven. This was confirmed by the Board on the 4th December of the same year, 
 and the first draft of the Order in Council, sent to the Colonial Office on the 19th 
 February, 1909, contained the provision as to numbers, and such provision has never 
 been under discussion. 
 
 5. There was subsequently much correspondence respecting the mode in which 
 financial control should be retained by the Company on the Elected Members being 
 in a majority on the Council, and it was in closing a letter dealing with this question, 
 dated 7th February, 1911, that Mr. Harcourt inserted the paragraph which was 
 quoted by Sir Starr Jameson. The paragraph is complete in itself and is not 
 governed by the context, and the insinuation that Sir Starr wrongly used it is not 
 justified. 
 
 __ '^No. 7. 
 
n 
 
 6. Sir Starr Jameson is sure that now that Mr. Harcourt has had his attention 
 called to these inaccuracies he will readily put the matter right with the House of 
 
 Commons. 
 
 I am, &c., 
 
 D. E. BRODIE, 
 
 Secretary. 
 
 No. 10. 
 COLONIAL OFFICE to the BRITISH SOUTH AFRICA COMPANY. 
 t^iR^ Downing Street, 21 March, 1914. 
 
 I AM directed by Mr. Secretary Harcourt to acknowledge the receipt of your 
 letter of the 17th instant,* in which, by Sir Starr Jameson's direction, you draw 
 attention to certain remarks made by Mr. Harcourt in the House of Commons on 
 the previous evening. 
 
 2. With regard to the second paragraph of your letter, I am to state that 
 Mr. Harcourt did not intend that the inference suggested by you should be drawn 
 from his words, nor does he consider that it could reasonably be so drawn. 
 
 3. With regard to the Colonial Office letter of the 9th of February, 1911, t from 
 which Sir Starr Jameson quoted in his speech at Salisbury on the 22nd of December 
 last, Mr. Harcourt regrets that, in speaking partly from memory, the statement 
 which he made was not strictly accurate. The increase in the number of elected 
 members had, it is true, been accepted by the Company before 1911; but they had 
 proposed to accompany that increase by restrictions on the financial powers of the 
 Council which would, in Mr. Harcourt's opinion, have rendered the increased 
 unofficial representation valueless, and it was against these restrictions that the 
 letter of the 9th of February, 1911,t was directed. 
 
 4. Mr. Harcourt is quite ready to publish the whole correspondence with his 
 explanation, if Sir Starr Jameson wishes it. ; 
 
 I am, &c., 
 
 JOHN ANDERSON. 
 
 No. 11. 
 THE BRITISH SOUTH AFRICA COMPANY to COLONIAL OFFICE. 
 
 (Received 27 March, 1914.) 
 
 2, London Wall Buildings, 
 Sir, London, E.C., 26th March, 1914. 
 
 I AM directed by Sir Starr Jameson to acknowledge the receipt of your letter 
 of the 21st instantj with regard to certain remarks made by Mr. Harcourt in the 
 Flouse of Commons on the evening of the 16th instant, and to say that Sir Starr 
 is glad to learn that Mr. Harcourt did not intend his reference to the '" consistent 
 and continuous enforcement by the High Commissioner " of his powers in regard 
 to the natives to convey the inference that the Company had been prone to be 
 neglectful of its duties in this respect. He, however, still thinks that this inference 
 might not unnaturally be drawn from Mr. Harcourt's words by persons unacquainted 
 with the facts. 
 
 2. Sir Starr readily accepts Mr. Harcourt's expression of regret for the un- 
 intentional inaccuracy referred to in the third paragraph of your letter. He, how- 
 ever, wishes to point out, in reference to the latter half of this paragraph, that the 
 words " the increase in the number of elected members had, it is true, been accented by 
 the Company before 1911 " still convey the suggestion that this proposal was made 
 by the Colonial Office to the Company, and not by the Company to the Colonial 
 Office, as was actually the case. On each occasion when steps have been taken to 
 carry out the declared policy of the Company gradually to strengthen as circum- 
 stances allow popular control over legislation in Southern Rhodesia, the initiative 
 has been taken by the Company in recommending these steps to the Colonial Office. 
 Misgivings were expressed by the Colonial Office in regard to the possible con- 
 sequences of such action, in relation to financial control, in a letter of the 
 3rd December, 1902, the relevant portion of which is as follows : — 
 
 " So long as the responsibility for the finances of Southern Rhodesia 
 rests with the British South Africa Company, it is essential that there should 
 
 • No. \K t No. 4. + No. 10. 
 
 039 n 
 
12 
 
 be no risk of the official members of the Legislative Council being outvoted 
 by the unofficial members, and I am to enquire how it is proposed to secure 
 this, looking to the very small number of officials of high standing which is 
 available." 
 
 3. It will be seen from this that the attitude of the Company, in manifesting 
 some anxiety, in connection with the preparation of the draft of the 1911 Order in 
 Council, to safeguard its powers and fulfil the administrative duties imposed upon 
 it by the Charter, was consistent with that adopted by the Secretary of State in 
 1902. The smooth working of the Southern Ehodesia Administration with a 
 majority of elected members in the Legislative Council has, it is true, not justified 
 any fears on this score that may have been at one time entertained, but the fact 
 remains that the Colonial Office had drawn particular attention to the necessity 
 of safeguarding the Company in the matter of finance, and that the Company, in 
 wishing to insert in the 1911 Order the provision to which Mr. Harcourt took 
 exception, were acting in accordance with views previously expressed to them by 
 one of Mr. Harcourt's predecessors. 
 
 4. In conclusion, I am to say that Sir Starr Jameson considers that the most 
 satisfactory course will be that the whole correspondence, including the letters which 
 have now been exchanged between Mr. Harcourt and himself, should be laid before 
 Parliament, and he hopes that this may be done as soon as possible. 
 
 I am, &c., 
 
 D. E. BRODIE, 
 
 Secretary. 
 
 No. 12. 
 
 COLONIAL OFFICE to the BRITISH SOUTH AFRICA COMPANY. 
 
 Sir, Downing Street, 1 April, 1914. 
 
 I AM directed by Mr. Secretary Harcourt to acknowledge the receipt of your 
 letter of the 26th ultimo,* and to request you to inform Sir Starr Jameson that the 
 correspondence which has been under discussion, together with the letters which 
 have now been exchanged, will be laid before Parliament at an early date. 
 
 In making this intimation, I am to add that, if Sir Starr Jameson desires to 
 give any explanation of his action in having made public use of an isolated para- 
 graph of an unpublished letter without having sought Mr. Harcourt's concurrence, 
 Mr. Harcourt will be glad to include it in the Blue Book. 
 
 I am, &c., 
 
 JOHN ANDERSON. 
 
 No. 13. 
 
 The BRITISH SOUTH AFRICA COMPANY to COLONIAL OFFICE. 
 
 (Received 3rd April, 1914.) 
 
 Sir, 2, London Wall Buildings, London, E.C., 2nd April, 1914. 
 
 I AM directed to acknowledge the receipt of your letter of the 1st instant, t 
 and to say that Sir Starr Jameson is glad to note that the correspondence will be 
 laid before Parliament at an early date. 
 
 It has already been pointed out in the fifth paragraph of my letter of the 17th 
 March,:): that the paragraph of the letter of the 9th February, 1911, § quoted by 
 Sir Starr Jameson in his speech at Salisbury, is complete in itself and is not governed 
 by the context. There was nothing misleading in Sir Starr Jameson's quotation, 
 and it does not seem to him that any explanation is called for. He is willing that 
 the published correspondence should speak for itself. 
 
 I am, &c., 
 
 D. E. BRODIE, 
 
 Secretary. 
 
 • No. 11. t No. 12. t No. 9, § No. 4. 
 
13 ■.,.;■ ;..;;■ ' '"'^;'^•^■"•- 
 
 APPENDIX.* 
 
 THE SOUTHERN RHODESIA ORDER IN COUNCIL, 1903. 
 
 AT THE COURT AT BUCKINGHAM PALACE, THE 16TH DAY OP FEBRUARY, 1903. 
 
 Present : 
 
 The King's Most Excellent Majesty, 
 Archbishop op Canterbury, Marquess op Londonderry, 
 
 Lord President, Lord Chamberlain. 
 
 Whereas it is expedient to amend the provisions of the Southern Rhodesia Order in 
 Council, 1898. 
 
 Now, therefore, His Majesty, by and with the advice of His Privy Council, is pleased to 
 order, and it is hereby ordered as follows : — 
 
 1. This Order may be cited as the Southern Rhodesia Order in Council, 1903, and shall be 
 read and construed as one with the Southern Rhodesia Order in Council, 1898, hereinafter 
 referred to as the principal Order. 
 
 2. Articles 17, 23, 32, 40 and 41 of the principal Order are hereby revoked as and from 
 the commencement of this Order but without prejudice to anything lawfully done thereunder 
 and the following provisions are hereby substituted for each of the said articles respectively : — 
 
 17. (A.) (]) There shall be in Southern Rhodesia a legislative body to be styled " The Legislative 
 Council" composed of the Administrator, the Resident Commissioner, aiid fourteen other members, 
 of whom seven, hereinafter referred to as " nominated members " shall be appointed by the Company, 
 with the approval of a Secretary of State, and seven shall be elected by the registered voters in the 
 manner hereinafter provided. Provided that the proceedings of the Council shall not be invalid on 
 account of any vacancies therein. 
 
 (2) Notwithstanding anything contained in the principal order, the High Commissioner may 
 from time to time, with the previous approval of a Secretary of State, by proclamation alter and 
 amend any provision of this Order or of the principal Order relating to the constitution of the 
 Legislative Council if the said Council shall resolve that such alteration and amendment be made, 
 provided that any resolution of the Legislative Council which recommends that the numbers of the 
 nominated and elected members respectively of the said Council shall be unequal shall be passed by 
 a majority of not less than three-fourths of the members of the whole Legislative Council as 
 constituted at the date of any such resolu.tion. 
 
 (3) The nominated members of the Legislative Council shall take precedence of the elected 
 members. The Company, with the approval of a Secretary of State, shall determine the precedence 
 of the nominated members amongst themselves. The elected members shall rank among themselves 
 in order of the date of their election, and two or more members elected on the same day shall rank in 
 the alphabetical order of their names. 
 
 (B.) Until the expiration of their term of office by effluxion of time unless the Council be sooner 
 dissolved, the existing elected members for Mashonaland shall continue to hold their seats in the 
 Council as representatives of the electoral district containing the District of Salisbury and the 
 existing elected members for Matabeleland shall continue to hold their seats as representatives of the 
 electoral district containing the District of Buluwayo. 
 
 23. The Administrator shall preside at the meetings of the Legislative Council, and in his 
 absence such other member of the Council as may be appointed in writing by the Administrator 
 shall preside. 
 
 32. (1) Questions arising in the Legislative Council or in any Committee of the Legislative 
 Council shall be decided by a majority of votes of the members present other than the Administrator 
 and the Resident Commissioner. 
 
 (2) In the event of an equality of votes on any question arising in the Legislative Council the 
 Administrator shall have a casting vote. Any member appointed by the Administrator to preside in 
 his absence at a meeting of the Council shall have a casting vote when presiding as well as an 
 original vote. 
 
 (3) In the event of an equality of votes arising on any question in a Committee of the 
 Legislative Council (a) when the Administrator is present the Chairman of the Council in Committee 
 shall have an original vote only and the Administrator shall have a casting vote ; (b) when the 
 Administrator is absent the Chairman of the Council in Committee shall have a casting vote as well 
 as an original vote. 
 
 40. No Ordinance, vote, resolution or question the object or effect of which may be to dispose of or 
 charge any part of the Revenues of Southern Rhodesia or to revoke alter or vary any such disposition 
 or charge shall be proposed except by the Administrator acting on the instructions of the Company or 
 by his authority in writing previously obtained. 
 
 41. The Administrator shall submit to the Legislative Council in each year such an estimate as he 
 may think necessary of the whole expenditure, not already fixed, which is intended to be incurred for 
 services within Southern Rhodesia, together with an estimate of the revenue of Southern Rhodesia 
 for the financial year then next ensuing, and shall transmit to the High Commissioner and to the 
 Company at the earliest opportunity an Ordinance providing for the service of that year. Provided 
 that emoluments of the Administrator, members of the Executive Council, and of such nominated 
 members of the Legislative Council as are not members of the Executive Council, Judges of the High 
 Court, Magistrates, Native Commissioners, and Ae-sistant Native Commissioners shall be deemed to be 
 reserved, and shall not be subjected to the vote of the Legislative Council. 
 
 3. This Order shall be published in the Gazette and commence and come into operetion on a 
 day to be fixed by the High Commissioner and the High Commissioner shall give directions for 
 the publication of this Order at such place, and in such manner, and for such time or times as he 
 thinks proper for giving due publicity thereto. 
 
 4. His Majesty may from time to time revoke, alter, add to, or amend this Order. 
 
 ^ A. W. FitzRoy. 
 
 * The Southern Rhodesia Order in Council, 1898, is printed as No. i in [H.C, 130] 1905. 
 
THE SOUTHERN RHODESIA ORDER IN COUNCIL, 1911. 
 AT THE COURT AT BUCKINGHAM PALACE, THE 4TH DAY OF MAY, 1911. 
 
 Present, 
 
 The King's Most Excellent Majesty 
 Lord President Lord Haversham 
 
 Earl Carrington Lord Ashby St. Ledgers. 
 
 Whereas it is expedient to amend the provisions of the Southern Rhodesia Order in Council, 
 1898 (hereinafter referred to as " the Order of 1898"), and the provisions of the Southern Rhodesia 
 Order in Council, 190;^ (hereinafter referred to as " the Order of 1903 "). 
 
 And whereas it is expedient to ensure to the Company the control of financial matters while 
 preserving to members of the Legislative Council full liberty of discussion and debate. 
 
 Now, therefore, His Majesty, by virtue and in exercise of the powers by the Foreign Jurisdiction 
 Act, 1890, or otherwise in His Majesty invested, is pleased, by and with the advice of His Privy 
 Council, to order, and it is hereby ordered, as follows : — 
 
 1. This Order may be cited as the Southern Rhodesia Order in Council, 1911. 
 
 2. The number of members of the Executive Council for Southern Rhodesia appointed by the 
 Company shall be three instead of four : and the word " three " shall accordingly bs substituted for 
 the word " four " in paragraph (1) of Article 13 of the Order of 1898. 
 
 In paragraph (3) of Article 14 of the Order of 1898 the word " two " shall be substituted for the 
 ■word " three." 
 
 3. In the paragraph of Article 2 of the Order of 1903 which is marked 17 (1), the word 
 " twelve " is hereby substituted for the word " fourteen " ; and the word *' five " is hereby substituted 
 for the word " seven " where that word first occurs in the said paragraph. 
 
 4. In the paragraph in Article 2 of the Order of 1903 which is marked 17 (3), the following 
 words are hereby revoked and shall be deleted, that is to say, the words " The elected members shall 
 " rank among themselves in order of the date of their election ; and two or more members elected on 
 " the same day shall rank in the alphabetical order of their names." 
 
 5. The Administrator or member presiding may from time to time appoint one of the members 
 of the Council to be Chairman of Committees for the Session then current, and in the event of the 
 absence of such Chairman by reason of illness or any other cause, he may nominate a member of 
 Council to act as Chairman for the day, 
 
 6. The Legislative Council shall not consider any vote, resolution or ordinance for th& 
 appropriation of any part of the public revenue or for any tax or impost that has not been first 
 recommended to the Council by the Administrator during the same Session. 
 
 7. Ordinances interfering with the land and other rights of the Company shall not be proceeded 
 with except with the consent of the Administrator. 
 
 8. This Order shall be published in the " Gazette," and commence and come into operation on a 
 day to be fixed by the High Commissioner, and the High Commissioner shall give directions for the 
 publication of this Order, at such place and in such manner and for such time or times as he thinks 
 proper for giving due publicity thereto. 
 
 9. His Majesty may from time to time revoke, alter and add to or amend this Order. 
 
 Almeric FitzRoij. 
 
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