FREE BOOKS

Author's List




PREV.   NEXT  
|<   290   291   292   293   294   295   296   297   298   299   300   301   302   303   304   305   306   307   308   309   310   311   312   313   314  
315   316   317   318   319   320   321   322   323   324   325   326   327   328   329   330   331   332   333   334   335   336   337   338   339   >>   >|  
ention of Messrs. Sampson and Davies, and whilst the Industrial Commission was exposing the gold thefts and denouncing the complicity of the police, Mr. Kruger decided to remit three-fourths of the sentence and to discharge the thief unconditionally. Is it to be wondered that such ill-advised action called to mind the prisoners' boast, and that it was contrasted prominently with the treatment of the two Reformers? Three events of importance marked the year 1897 in the history of the Transvaal. The first was the High Court crisis in February; the second, the appointment of the Industrial Commission of Inquiry; the third, the Queen's Record Reign celebration. The High Court crisis arose out of the case of Brown _v._ The State, already referred to.{46} Brown had acted within his legal rights according to the terms of a proclamation. That proclamation had been illegally withdrawn, and the Government realizing that they would have to stand the consequences of their action in the courts of the country, introduced a law which was immediately passed by the Volksraad, absolving them from all liability, and practically non-suiting all claimants. Mr. Kotze in his judgment declared this law to be improper and in conflict with the Constitution, and gave judgment in favour of Brown, but left the amount of damages to be determined later after hearing further evidence.{47} The first Volksraad was then in special session, and the President promptly introduced a law known as Law 1 of 1897, which empowered him to exact assurances from the judges that they would respect all resolutions of the Volksraad as having the force of law and declare themselves not entitled to test the validity of a law by its agreement or conflict with the Constitution; and it further empowered the President in the event of his not being satisfied with the character of the replies to summarily dismiss the judges. The judges protested in a body that they would not submit to such treatment. The High Court was adjourned and all legal business was stopped. Particularly emphatic was Mr. Justice Gregorowski. He stated that no honourable man could possibly sit upon the Transvaal Bench as long as Law 1 of 1897 remained upon the Statute Book. At this juncture Sir Henry de Villiers, Chief Justice of Cape Colony, came to Pretoria for the purpose of effecting a compromise and averting a crisis. The compromise was practically an armistice. The judges promised not to exer
PREV.   NEXT  
|<   290   291   292   293   294   295   296   297   298   299   300   301   302   303   304   305   306   307   308   309   310   311   312   313   314  
315   316   317   318   319   320   321   322   323   324   325   326   327   328   329   330   331   332   333   334   335   336   337   338   339   >>   >|  



Top keywords:

judges

 

Volksraad

 

crisis

 

Justice

 
treatment
 

introduced

 

Transvaal

 

proclamation

 
empowered
 

conflict


practically
 
judgment
 

Industrial

 

compromise

 

Commission

 

Constitution

 

President

 

action

 

amount

 

resolutions


damages
 

entitled

 

declare

 

determined

 

special

 

session

 
promptly
 
evidence
 

assurances

 
validity

hearing

 

respect

 
adjourned
 

juncture

 

Villiers

 
remained
 
Statute
 

averting

 

armistice

 

promised


effecting

 

purpose

 

Colony

 
Pretoria
 

possibly

 
summarily
 

replies

 

dismiss

 

protested

 
character