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Private
3, TEMPLE GARDENS, TEMPLE.
Jan: 4: 05
Dear Miss Markham
It is very good of you to ask me to the Chesterfield Ball. I am not a great dancing man, but I like country balls, & I should have been delighted to come, if it had been possible. But unfortunately the 'Spectator' keeps me tied hand & foot on Thursdays & Fridays just now, and I
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fear I must not risk it. Many thanks for asking me. I hope your mother's health is much better.
I am as angry as I can be about Chinese labour. At the same time I don't think there will be much trouble. I travelled to Scotland a fortnight ago with one of the leaders of Het Volk, & he said that the Dutch would certainly cooperate in voting
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for its retention.
I have been professionally consulted about the legality of the suspension, and have given a joint opinion with Sir R. Finlay. I tell you this in confidence, for your guidance in your work, so please don't repeat it. The Government cannot formally suspend the Ordinance except by another ordinance of the Transvaal Legislature or by an Order in Council. But the Ordinance has been so drafted that the continuance of the grant of licences is wholly in the discretion of
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the Lieutenant-Governor, and moreover I fear that a licence is revocable at will. The net result is that, so far as we can see, the L-G can refuse to issue further licences & cancel the 11,000 already issued, and the licencees have no legal remedy, though of course they have a strong equitable claim for compensation. I cannot think what Lyttelton & Milner can have been about to word the Ordinance so carelessly. They should have foreseen some such occurrence. At the same time I fancy the Govt. will allow the 11,000 licences to remain uncancelled.
Best wishes for the New Year
Yours very sincerely
John Buchan
