Sir F. Sandford
I am afraid there may be some little difficulty about this Salary.
When the office of Colonial Secretary became vacant &
M
Young was acting the
Gov was informed by the
Duke of
Buckingham "if after receiving that Report I
sh confirm
M Young in the acting app, which he now
holds he
will be entitled to full Salary from the date up to which
M Birch received it."
On the
11 Dec 1867 the
Gov was informed that until the
Capital question was decided
M Young might have as the
Gov recommended at the rate of £600 when serving in
Victoria & £800 when serving at
New Westminster.
M Young has all along been drawing full
Salary, in
accordance, I should suppose, with what
Gov Seymour
understood the
D. of B. to sanction. It is rather doubtful
whether he ought to have allowed this in the face of the
previous despatch tho' I think I should have done so myself.
On the
6 Oct. last Gov Seymour was informed that
Lt.
Hankin the new appointed Colonial
Sec would be entitled to
1/2 Salary from his date of embarkation.
I think on the receipt of that despatch (which was
21
Nov,
L H. started the 4)
Gov. Seymour ought
at all events to have stopped full Salary to
M Young, tho
he might have done so under protest—that is pending a reference home.
It is however almost, if not quite, impossible to make
M
Young refund any surplus of Salary he may have
rec—& I
should be
afraid that it would produce much ill feeling in the
Council, & perhaps refusal, to endeavour to procure a vote
to cover this double payment.
As far as the money goes it is only a question of about £50.
I should reply that this case is one to
w the usual rule
will apply. That is to say that
so soon as the
Gov had
reason to suppose that an officer had been appointed in England
it was his duty to take care that
M Y. did not receive such
a rate of Salary as to run the risk of a double issue—and
that this should now be recovered from
M Y.
But that
Lord G. came to this conclusion with regret and
w be glad to hear that the Leg had sanctioned the
continued receipt by
M Y. of his full salary up to the arrival
of
M Hankin.
But at any rate the fact that the
Gov had sanctioned an
improper
payment to one man furnished no reason for witholding
his due from another.
He has made the difficulty & he sh be left to get out of it.
My minute was written not observing that
L H. would have
left England before the news of his appt reached
B.C. The
minute therefore requires qualific. It is not quite a
satisfactory case but the sum at issue must be very slight.
I would write that under the circumstances it appeared to
L
G. that under the terms of
M Young's appointment he was
entitled to expect that he
sh continue to receive full
pay until the
Gov of
Columbia rec notice that another
arrangement was to be made—that is to say in the present
instance till
21 Nov—that he
w be entitled to
half pay from that period till
M H's arrival and
M H.
to the other half, and that
M H. w of course be entitled
to half pay from the
21 Nov and to full pay from his arrival.
The result will be that
L Hankin will get some 25£ less
than he
w "as a general rule" (reg. 104) be entitled
to receive.
Draft at once for cons.