Di ol : : 8 : 6 5 2 6 'RANSVAAL. FURTHER COllRESPONDENCE BKLATING TO LABOUR IN THE TRANSVAAL MINES. (In continuation oj \_Ld, i'«lyj February, lyu(i.) frescntrt to both l^ouscs oi jJ.ult.uMtui bjj €oinmiini) m ^^jii. <^jc8tfi. July, 1906. ;jalifomia iglonal cility LONDON: 1 I 1) lOll iHS MAJESTY'S .STATIONERY nFFTPr By darling & SON, Ltd., 34-40, Bacon Street, 1 \ be purcfaaaed, either directly or through any Bookseller, from WYMAN ant. S()\S. T Tiv. V , T > V, E.G., iiiul o2, Atii\(,i>i'N >Lui \ .. \\ . . S.W.; or I '' ! R & BOYD, Edi> ; or E. PUK> I, IIG, titt.\iTox ." . i. Dublin. 1906. \U. ...•v:?-^r!;;-.,<-- SALE OF GOVERNJVIENT PUBLICATIONS. The nnder-meutioned Firms have been appointed t/tio Agents for the sale of Government PublicationB, iiiclm! ' lamontary Reports and Papers, Acts of Parliament, Becord OCBce Publications, &c., *c. {exceptiuy OrdiKi , >|is and Geological Maps and Memoirs, the Itvdrographical Works of the Admiralty, the Journal of the Board of Agriculture, and Patent Office Publications), and all such works can be purchased from them either directly or tbiougb retail booksellers, who are entitled to a discount of 25 per cent, from the selling prices : — IN ENGLAND :— Messrs. Wyman amd Sons, Ltd., Fetter Lane, B.C. IN SCOTLAND :— Messrs. Oliver -vkd Boyd, Edinburgh. IN IRELAND :— Mi;. B. PoNSONBV, 116, Grafton Street, Doblin. Roy. 8vo. Cloth. Price 'is. Price 10». Price lOs. each. Price 10s. irogriiphical Works of the Admu-alty are sold by Mr. J. D. Potter, 145, Miuone*, Iv.C ""he Journal of the Board of Agriculture is sold by Messrs. Laughton and Co., Ltd., 3, Wellington St., Strand, W.O. .'atent Office Publications are sold at the Patent Office The Publications of the Ordnance Survey and of tiio O t,«.LUi.n al hi.-i>vt.\ .uu U purchased from Agents in most of the chief towns in the United Kingdom, through any Bookseller, or from the Director General of the "Ordnance Survey, Southampton, or, in the case of Ireland, from the Superintendent, Ordnance Survey, Dublin. In ddition, Ordnance Survey Publications can be obtained throngh Head Post Offices in towns where there are no iited Agents. ,_ The following is a list of some of the more important Parliamentary and Official Publications recently issued :— Parliamentary i Statutes — Public General Acts, 1906. In coarse of issne. Local and Personal Acts, 1905, published separately ; M. per 4 pp. Army Act — Consolidation — including amendments to iy06. In the press. Public General, Session 1905. With Index, Tables, &o. Index to Local and Persond Acts, 1801-1899. Index to Local and Personal Acts, 1900-1905. Each year may be puichased Kupariitelv. Secoild Revised Edition. 1235-1886. XVI. Vols. I 'rice 7«. 6d. each. '■ . //; ,,■ Tables showing subsequent Repeals, effected by Acta of i! Edward Vil. rJLt2. Price 6d. /-' ■ . /v. Chronological TahU and Itidex of. 2l8t Edition. To the end of the Session 6 Edward VLI. (1904). 2 vols. Price lO*. M. The Statutory Rules and Orders joi-.-lu. Statutory Rules and Orders, other than thosB of a T,ocal, Personal, or Temporary Character, in force on December 31, 1903. Vols. L to XIII. Price 10«. each. S/alutory Rulejt and Orders other than those of a Local, Personal, or Tempoi.nj (_ortion under the provisions of the Coal Mines Regulation Act, 1887 ; Metalliferous Mines Regulation Acts, 1872-1875 ; Slate Mines (Gunpowder) Act, 1882, Districts Nos. 1 to 12. Price 9«. 9^1*. Mines in the United Kingdom and the Isle of Man. List of, for 1905. Price 3s. Id. Quarries Do. do. do. 1905. Price As. lOd. Mines Abandoned. Plans of, List of the. Corrected to 31st December, 1905. Price Is. The following appear periodically, and can Ije subscribed for : — Tradk of the United Kingdom with British Possessions and Foreign Countries, showing the Quantities and the Declared Value of the Articles. Monthly. Trauf. Rf.pori'S of the British Colonies, with information relative to population and general condition. TiiADE Reports by His Majesty's Representati\e.s in Foreign Countries, and Beports on Subjects of Commercial and General Interest. The Proceedings of Parliament in public and private business, published daily. House of Lords, Price Id. per 4 pp. ; House.of Commons, Id. per 8 pp. TRANSVAAL. FURTHER CORRESPONDENCE RELATING TO LABOUR IN THE TRANSVAAL MINES. {^In continuation of [Cd. 2819] February, 1906.) frcstntcb t0 both Ijouecs of JJarliamcnt bn Commiinb of Dis ^^ajcstg. July, I90f). LONDON: FEINTED FOR HIS MAJESTY'S STATIONERY OFFICE, By DARLING & SON, Ltd., 34-40. Bacon Street, E. And to be purchased, either directly or through any Bookseller, from WYMAN AND SONS, Ltd., Fetter Lane, E.G.. and 32, Abingdon Street, Westminster, S.W. ; or OLIVER & BOYD, EDiNBrRGHj or E. PONSONBY, 116, Grafton Street, Dtjblix. 1906. [Cd. 3025.] Price ]s. lid. SRLF URL ui ocl3niio3%2 TABLE OF CONTENTS. To Governor the Earl of Selborne. Ditto Telegram 1. Telegram 1. Ditto Telegram 9 Governor the of Selborne. Earl To Governor the Earl of Selborne. Governor the of Selborne. Earl To Governor the Earl of Selborne. Ditto Telegram p 1906. February 14 February 1.5 February 15 Telegram 1. Telegram 3. Telegi-am 4. 8a Governor the of Selborne. Earl 10 Ditto Ditto Telegram G. Telegram 1. Telegram Februarv 16 (Rec. Feb. 16.) February 17 February 17 (Rec. Feb. 17.) February IS February 18 February 20 (Rec.Feb.20.) 2500 Wt 86U G 738 7/06 D & S February '2'.\ (Rec. Feb. 23.) February 23 (Rec. Feb. 23.) 253li$ Enquires whether the public are admitted to trials at the mines on the same footing as in othfer magis- terial courts. Enquires whether Mr. Pless is a British subject, whether his offence is punishable with twelve months' im- , prisonment with hard labour, and what evidence there is against him I)eside8 McCarthy's affidavit. States that no details, as to the circum- stances in which so large an additional number of importation licences were agreed to in November, beyond what is contained in his telegrams of 30th and Slst December have been received, and desires to be in a position to justify fully the action taken. Replies to No. 3 as to the responsibility for the issue of licences. Remarks on the charges made by Mr. Bianchini of improper treat- ment of Chinese coolies. States, that the question of reducing the demand for unskilled labour, and maintaining the demand for skilled white labour, by the use of labour- saving appliances will be brought to the notice of mine managements without delay. States that certain judicial and punitive measures now in force under the Labour Importation Amendment Ordinance will be withdrawn without delay. States that His Majesty's Government have decided that where a genuine application for repatriation is made by a labourer, the expenditure re- quii-ed should be met out of Imperial funds. Reports, in reply to No. 1, that tiie Attorney-General has no reason to think there is any lack of publicity in the courts in which coolies are tried an Ditto May 14 (Rec. June 2.) May 14 (Rec. June 2.) 11(5 Ditto May 14 (Rec. June 2.) 117 Ditto Telegram 1. June 5 (Rec. June .").) 118 119 120 To Governor the Earl of Selborne. Governor the of Selborne. Ditto Earl June S May 21 (Kec. June 9.) May 21 (Rec. June '.'.) Forwards return of unskilled whites on the Witwatersrand Mines on June 20th, 1904, the date of the arrival of the first "batch of Chinese, and January Blst, 1906. Forwards Resolutions passed by the Bok8bur<:f Town Council, Glen Deep Gold Mininj^ Company, Executive Committee of the Rand Pioneers, RooJepoort and District Chamber of Commerce, and at Public Meetings at Boksbnrg and on the East Rand, protesting against the action of His Majesty's Government in connection with repatriation. Transmits Resolutions passed at a meet- ing at the Simmer and .Jack Gold Mine appealing to His Majesty's Government to reconsider their proposals for the repatriation of Chinese. Forwards copy of a Resolution passed at a Public Meeting at Nigel appeal- ing to His Majesty's Government lo defer action in the matter of the repatriation of coolies pending the grant of Responsible Government. Transmits resolutions passed at a meet- ing of the Transvaal In; H <( P3 ■< Cu O u < si t~ (M ?•; t^ o CO <» in in t~ t— 1 CO :?- t^ CO to t^ CO CI I— ( _:o 1^ rt ;; •* -f »*< CO -»! o 10 •^ co -♦< in ■^ 63 a ^-^ ■*5 t- rt S 1 = to a:. CO o OO 1^ ,- m •+ •^ --0 CO C5 CO 05 TO t^ o CO '■P I CO C-. CO t- = '^ >j^ -* O •O t£; ■?' -^< 00 ^ •<# -* o -* •* CO (M CO CO -* »H CO '^ ^ o I— 1 CI 00 ■« "-• -^ s 4^ (U ^8 ■«-!l c. IM ■—1 era ■^ ■^3 r- *— 1 ^H Cl o o OJ l-H CO -i CTi i^. ifl -S •* ro CO CO -+i >o ■^ -+< 00 CO in in '^ P- o «a C5 O C-. i-A CO 00 in ■T< t~ CO in CO |^^ ^ P CO CO to CO i-H 10 10 in (M (M CO in J3 C ^ ia CO rH CO o M ifi ■^ cb -r, (M di S ■s g IC CO CO (M 1** CO CO CO CO -* in -* CO 0) t~- CO C' CO CO' ci IM ^ o s CO t— 1 CO C-. ■yz CC c. T— 1 CO c^: i^ *ft o cs CO CO CO CO CO ■* 'I- CO CO CO -* ^ CO l-H 25 o 00 CO oo 0-- l-H (M «D (M «D 00 IM IM o ■^ t— (M w «o 00 CO - OJ t-^ tr- ^, Cl_ CO «o CO t~- w o 1^ CS ••*■ cvT . ' d » _J u^ -+f o •^ to a-. •* (M -+ ,— "i 'O "^ c o CTS CO t~ .-1 1—1 .— t CI C-. o CO a-. ■n- c-^ nr: -* ■^^ CO CO 00 m o ^^, o' '--*^ liO Iff CO •+ co' C- *^ CO C-. 17! t^ CO cc =c 00 X t~ t^ b^ CO CO CO CO' • • . • • : • : • • : So J p -*j s o : : ; ; '■ : : ; : 1 P. < CD G 1-5 t-i »-5 -4^ m Si) < Hi p. as CQ ;4 -§ 1 S5 <» ,0 a (S a) No. 12. Governor the EARL OF SELBORNE to The EARL OF ELGIN. (Received February 24, 1906.) [Answered by No. 35.] My Lord, Governor's Office, Johannesburg, February 5, 1906. With reference to my despatch of the 29th Januaiy,* I have the honour to enclose, for your information, a copy of a report by the Attorney-General on the subject of the treatment of Chinese labourers employed on the Witwatersrand Gold Mines. I have, &c., SELBORNE, Governor. Enclosure in No. 12. Report by the Attorney-General on the new system of magisterial jurisdiction of the Superintendent and Inspectors of Foreign Labour. The High Commissioner and Governor, Johannesburg, Before the passing of Ordinance, No. 27, of 1905, t Chinese labourers who com- mitted offences including offences against the Labour Importation Ordinance, 1904, were amenable to the ordinary Courts of the country. It was found that Magis- trates' Courts were scarcely able to cope satisfactorily with the work of tiying labourers on the numerous charges laid against them. These charges were chiefly in regard to contraventions of the Labour Importation Ordinance itself, and the regulations made thereunder. Resident Magistrates have no knowledge of the Chinese language, and consequently an interpreter was always necessary in every case and considerable difficulty was experienced in providing a sufficient number of compe- tent and reliable interpreters. It is manifestly a great inconvenience to take labourers from the mines on which they are employed to Courts of Resident Magis- trates to be tried for minor offences with the probability of having their cases remanded in view of the pressui'e of work iu such Court. Ordinance, No. 27, of 1905, conferred on the Superintendent and Inspectors of the Foreign Labour Department jurisdiction to try offences committed by labourere within the Witwatersrand District against the Labour Importation Ordinance or any regulations made thereunder, and also jurisdiction to try any offence summarily triable by a Court of Resident Magistrate committed by a labourer on the premises on which he is employed, and these officers were empowered to hold a Court at any mine where labourers are employed or at such other place as the Lieutenant- Grovernor may appoint. They are not men who have had any legal training or previous experience in trying cases, but were chosen on account of their knowledge of the Chinese and their language. They do not rccjuire interpreters, and are able to deal expeditiously with the work of their Courts. It was to be expected that men who had had no previous experience in a judicial capacity would at first make mistakes in the conduct of cases tried by them, and for this reason it was provided by Ordinance No. 27 of 1905 that all sentences of a fine exceeding £25 or imprisonment for a period exceeding six weeks should be reviewed by a Judge of the Supreme Court, and that all sentences of imprisonment for a period of six weeks or less should be reviewed by the Attorney-General. Sentences of a fine of £25 or less without imprisonment are not subject to review at all, but they are, nevertheless, reviewed by the Attorney-General in order to enable him to make such recommendations to the Lieutenant-Governor in regard thereto as he may deem advisable. On review sentences which are illegal or excessive are quashed or reduced, and in this way care is taken to see that substantial justice is done. Moreover, all mistakes which are made are pointed out and explained for future guidance, and it can safely be said that the Inspectors have profited considerably by the instructions • No. 70 in [Cd. 2819]. t Printed at page 57 of [Cd. 2786]. 8 given them. Shortly after the passing of the Ordinance a memorandum* explaining their judicial functions was issued. This has been considerably amplified, and is being issued in pamphlet form, a copy of which is forwarded herewith. The total number of cases tried by the Inspectors and reviewed by Judges of the Supreme Court up to January 31st, 1906, is 135. The sentences in only nine of these cases have been quashed though the sentences in several others have been reduced. The total number of cases reviewed by the Attorney-General up to the same date is 1,286, and the sentences in 28 of these have been quashed. The majority of the sentences quashed were quashed during the first two months after tlie establishment of the Courts of Inspectors. Since then comparatively few mistakes have been made. When a sentence is quashed care is taken that the labourer is released from gaol without delay, and, in cases where a fine has been paid, that such fine is returned to the labourer. The employment of large numbers of Chinese labourers in the Witwatersrand District rendered the establishment of the Courts of Inspectors absolutely necessary. The work done in these Courts has improved considerably during the short period of their existence. Richard Solomon. No. 13. Governor the EARL OF SELBORNE to The EARL OF ELGIN. (Received 4.37 p.m., February 24, 1906.) Telegram. February 24. No. 1. Your telegram, 15th February, No. l.f Pless is an American and is now in China. His oftence is a common law one and the punish- ment is therefore in the discretion of the Court, which may impose imprisonment for twelve months' hard labour, or more or less. The only evidence in support MacCarthy's affidavit is that of coolie alleged to have been assaulted. No. 14. Governor the EARL OF SELBORNE to The EARL OF ELGIN. (Received 9.43 p.m., February 28, 1906.) Telegram. \_Answered by No. 11.] February 28. No. 2. Your telegram of 18th February, No. 3. J I have re- ceived following report from Attorney-General with regard to His Majesty's Govern- ment's announcement that tliey could not approve of certain judicial and punitive methods to which legal sanction is given by the Labour Importation Amendment Ordinance, and that they have decided that these cannot be allowed to remain in force. Attorney-General observes that judicial methods referred to are not specifically mentioned and that they may include the whole of judicial powers given to Superin- tendent and Inspectors under the Labour Importation Amendment Ordinance. He does not however think that it is the intention of His Majesty's Government to take away these powers, which, in bis opinion, are at the present time carefully exercised. From the previous correspondence referred to in your telegram he concludes that the punitive methods i-eferred to are (1) the deduction of fines imposed by Superintendent or Inspectors from the wages of the labourers fined under Section 1 (3) of the Ordinance; (2) the imposition of a collective fine on all members of a gang where an offence has been committed by one or the other of them and not • Not printed. t No. 2. J No. 7. 9 reported to Superintendent under Section 6 (2) of the Ordinance ; (3) the imposition of the penalties provided by Section 8 of the Ordinance in respect of the purchase or possession of gum opium by a labourer. With regard to (1) Attorney-General observes that the object of empowering an Inspector to deduct a fine from the wages of any labourer on whom the fine is imposed was to prevent the labourer being sent to prison for every petty offence where the fine imposed was only nominal and where of course the alternative of imprisonment must be given in case the fine is not paid. Attorney-General does not himself attach any great importance to this provision, the power conferred by which has only been exercised in very few cases. He is prepared to direct Super- intendent to instruct the Inspectors in future not to deduct fines from the wages of any labourer but in every case where a fine is imposed to give the alternative of imprisonment in case of non-payment. With regard to (2) Superintendent has in no single case imposed a collective fine. His instructions from Attorney-General were not to impose a collective fine unless satisfied that there was a concerted arrangement amongst the labourers on whom the fine was imposed to conceal the commission of the offence. Attorney- General is prepared to ask Superintendent to allow his powers in this respect to be dormant. With regard to (3) Attorney-General hardly thinks that you intend that the provisions of the Articles with regard to the purchase and possession of opium by labourers should be suspended. He adds that these are absolutely necessary provisions and that the penalties which can be imposed on a labourer convicted of contravening them are not nearly so severe as the penalties imposed for the pos- session of opium by persons other than labourers under Ordinance 36 of 1905, Section 3. It is proposed therefore to give no directions with regard to these provisions. Will you telegraph whether you agree ? No. 15. Governor the EARL OF SELBORNE to The EARL OF ELGIN. (Received 6.25 p.m., March 1, 1906.) Telegram. March 1. No. 3. In reply to your telegram, 5th February, No. 1,* Attorney- General is equally confident that his reading of the clause is correct (? but) sees no reason why in future contracts the words " or any Ordinance amending the same " should not be inserted in both the principal clause and Clause 4 of the contracts. No. 16. Governor the EARL OF SELBORNE to The EARL OF ELGIN. (Received March 3, 1906.) My Lord, Governor's Office, Johannesburg, February 12, 1906. I HAVE the honour to enclose, for your information, a copy of a letter from the Secretary, Johannesburg Chamber of Conmierce, on the subject of the importation of Chinese labourers. I have, &c., SELBORNE, Governor. • No. 60 in [Cd. 2819]. 23368 10 Enclosure in No. 16. Johannesburg Chamber of Commerce to the Governor's Private Secretary. Johannesburg Chamber of Commerce (Incorjx)rated), Johannesburg, February 7, 1906. Supply of Labour for the Mines. Sm, I HAVE the honour, by direction, to ask you to bring xmder the notice of His Excellency the following resolutions adopted by my Chamber at a General Meeting of members held yesterday, viz. : — (1) " That this Chamber approves of the decision of His Majesty's Government to refer the question of Chinese labour to the Transvaal Legislative Council about to be elected, for final settlement, and would urge that the arrangements for the establishment of such Legislative Council should be expedited as much as possible." (2) " That this Chamber w'ould deprecate any interruption of the arrangements for the supply of labour or any interference with the working of the Labour Ordinance in the meantime." The first resolution was unanimously agreed to, and the second was adopted with but three dissentients. I am further to ask that, if such a course meets with the approval of His Excel- lency, the views of this Chamber may be communicated to the Secretary of State for the Colonies. I have, &c., W. Smale Adams, Secretary. The Private Secretary to His Excellency the High Commissioner, Johannesburg. No. 17. The EARL OF ELGIN to Governor the EARL OF SELBORNE. (Sent 1.30 p.m., March 3, 1906.) Telegram. ^Answered hy No. 38.] March 3. No. 1. Question asked in Parliament as to whether Chinese coolies are not permitted to do any gardening for themselves and if so whether this is a correct reading of terms of Ordinance. See Lord Harris's speech in Lords, Han- sard, page 1287, 1905. No .18. The EARL OF ELGIN to Governor the EARL OF SELBORNE. (Sent 5.20 p.m., March 8, 1906.) Telegram. \_Ansicered by Nos. 23 a7id 38.] March 8. With reference to the repatriation of any Chinese coolies v^ho may wish to return to China, but have not the necessary funds to purchase their discharge under Clause 14 of the contract. His Majesty's Government are anxious to avoid anything in the nature of an incitement to the coolies to terminate in large numbers their contracts and thereby cause a heavy charge to Imperial funds and an industrial collapse on the Witwatersrand. They desire that no man who earnestly and repeatedly avows his w-ish to return to China and can prove that he does not possess the necessary funds shall be detained in South Africa against his will. 11 The method of giving effect to the policy of His Majesty's Government which seems to me to be most desirable is that the Mining Inspectors should notify at an early date all the Chinese coolies in each mine ot the opportunity which is now afforded to them. You will best be able to judge of the manner in which this can most conveniently be done, in such a way as to bring it clearly to the notice of all the coolies. The coolies should be permitted, the announcement haying been made, to petition for repatriation through the usual channel of their petition boxes. The Inspector will proceed forthwith to investigate individually the case of each coolie so petitioning, and to satisfy himself that the petitioner is not in possession of the money required undei- Clause 14. The Inspector, when satisfied on this point, will direct the petitioning coolie to apply again on that day month. Should he apply a second time, he should at once be placed on the repatriation list. A condition of repatriation will be the voluntary contribution by the coolie to the cost of his repatriation of one-half of the pay he actually receives each month, and, having continued these payments regularly for two successive months, he should be deported to China without more delay than is necessary to procure him shipment. His Majesty's Government will defray whatever funds are required to make the contribution of the coolie up to the sum of £17 10s., prescribed under Clause 14. Special vigilance will be required from the Mining Inspectors to ensure that no coolie who is under application to be repatriated or who is paying the necessary instalments from his monthly wages should, during the three months of his probation, be exposed to any improper pressure oi' ill-usage to dissuade him from his intention. If he should incur any sentence of imprisonment, it must necessarily interrupt, but it should neither impair nor prolong the period of probation, and that process should be resumed at the expiry of the sentence exactly at the point where it was inter- rupted. Any coolie who has been repatriated wholly or partly at Imperial expense and who fraudulently re-engages himself to return to South Africa without having previously refunded the sum disbursed on his account from public funds should, in the opinion of His Majesty's Government, be punished by a sentence not exceeding one year's imprisonment with hard labour. 1 should be most glad to learn your views on all these matters, and particularly to receive any suggestion of a constructive character which may occur to you in furtherance of the objects His Majesty's Government have in mind. No. 19. The earl OF ELGIN to Governor the EARL OF SELBORNE. [Answered by No. 112]. My Lord, Downing Street, March 9, 1906. I HAVE the honour to transmit to you copy of a notice given by ■Mr. Mond of a motion for a return of the unskilled white men employed underground in the Witwatersrand Mines at the date of the first introduction of Chinese coolies, and on the 31st of January, 1906. 2. I shall be glad if you will furnish me with the information desired. I have, &c., ELGIN. Enclosure in No. 19. Mr. Mond,— Witwatersrand Mines (Unskilled White Labour), — Address for Return of the number of unskilled white men employed underground in the Wit- watersrand mines at the time the Chinese coolies were first introduced, and the number of such unskilled white men employed on the 31st day of January, 1906. (Thursday, 22nd February.) 35368 B 2 12 In reply to Mr. Mond, Mr. Churchill said : — The information is not available in this country, but Lord Selborne will be asked to supply it, and if the Honourable Member desires it, the enquiry shall be made by telegraph. No. 20. Governor the EARL OF SELBORNE to the EARL OF ELGIN. (Received 5.55 p.m., March 10, 1906.) Telegram. March 10. I forward as requested following telegram received from Transvaal Chambers of Commerce and Trade: — Begins : Johannesburg, 9th March. At joint first meeting of members of Johannesburg Chamber of Commerce and Trade, and Chambers of Commerce of Boksburg, Geimiston, Krugersdorp, Roodeport, follow- ing resolution was adopted without a single dissentient, viz. : — That the recent pronouncement of His Majesty's Government with reference to indentured unskilled labour and the uncertainty and sus- pense caused thereby are having most serious effect on the commercial interests of the Transvaal, and will inevitably lead to economic collapse unless such uncertainty and suspense are removed. This meeting would, therefore, respectfully urge on His Majesty's Government that the whole question should be referred for final settlement of the ques- tion to the legislature to be established in this Colony, and that the arrangements for the establishment of such legislature should be expedited as much as possible. Further, that in the meantime there should not be any interrup- tion of the arrangements for supply labour nor any interference with working of Labour Importation Ordinance. Resolution ends. It was further unanimously resolved that foregoing resolution should be for- warded to High Commissioner with a request that it should be transmitted to His Majesty's Government by cable. No. 21. The earl OF ELGIN to Governor the EARL OF SELBORNE. My Lord, Downing Street, March 10, 1906. I HAVE the honour to acknowledge the receipt of your telegram, No. 2, of the 16th of February,* with reference to the circumstances in which the licenses to import Chinese coolies were issued in November last, and to thank you for the information which it conveys. I had occasion to deal with this matter in a debate on 26th February, and the enclosed extract from my speech will show the view which I took of the circum- stances. I have, &c., ELGIN. Enclosure in No. 21. " The Times," February 27, 1906. The Earl OP Elgin » » » ^ • If this experiment was a reality, if Mr. Lyttelton's understanding of it was real, it appears to me there were two alternatives open to the Government at that time. In the first place they might have defined the limits distinctly and instructed the Lieutenant-Governor to regulate the licences accordingly ; or, if they did not choose to do that, they should themselves have assumed some control over the issue of licences and secured arrangements to » No. 4. 13 enable them to ilo so. They ilid neither of these things. The only thing that was done at that time ■was that at the end of a telegram on other matters a pious opinion was expressed to the effect that it would be good policy for the mineowners voluntarily to suspend the importation for six months. But it unfortunately happened that at that precise moment a large number of licences were issued, as many as 10,000. I maintain that, although it might have been more prudent for the authorities in South Africa to have communicated with His Majesty's Government when they found this large number of licences wanted, still the real responsibility of this matter rested with the Government at home, because they did not adopt one of the alternatives of which I have spoken. It does not seem to me to be fair treatment of your representatives at a distance if, when you come to a point at which an experiment you have been making reaches its limit, you should not distinctly instruct these agents how they are to act. No. 22. The earl OF ELGIN to Governor the EARL OF SELBORNE. [Answered by No. 98.] My Lord, Downing Street, March 10, 1906. I have the honour to transmit to you copy of a question asked by the Duke of Marlborough relative to Chinese labour. 2. I shall be glad to receive the information for which His Grace has asked. I have, &c., ELGIN. Enclosure in No. 22. House of Lords, Monday, March 5, 1906. The Duke of Marlborough asked the Secretary of State for the Colonies if he will grant a return showing (1) the number of Chinese labourers who have in each month since 1st January, 1905, been removed from one mine to another; (2) the number sent back to China ; (3) the number who have returned to the Transvaal after repatriation ; and (4) the total cost of these movements, and upon whom the charge has fallen. No. 23. Governor the EARL OF SELBORNE to The EARL OF ELGIN. (Received 3.36 p.m., March 12, 1906.) Telegram. March 12. No. 3. Your telegram, 8th March.* I will at once take steps to carry out instructions of His Majesty's Government and, after consulting with Lieutenant-Governor, Transvaal, and Superintendent, Foreign Labour Department, will send you any suggestions which occur to us. No. 24. The earl OF ELGIN to Governor the EARL OF SELBORNE. [Answered by No. 111.] My Lord, Downing Street, March 16, 1906. I OBSERVE from the statement of labour and wages for the year 1904-1905, furnished by the Government Mining Engineer (page 153 of [Cd. 2819]) that the total cost of food supplied to natives employed on mines and works in the Transvaal Averaged 6s. 9'4d. per man per month, as against 10s. l"2d. for the year 1903-1904. 2. It appears from the report on the health of the natives in 1903-4, furnished by Dr. C. L. Sansom, and printed at page 95 of [Cd. 2104] that in his opinion the • No. 18 14 average diet in the mines then showed a slight deficiency in proteids, and a consider- able deficiency in fats and salts. I shall accordingly be glad to receive a report from the Native Affairs Department as to how it has been possible to reduce sa considerably the cost of food for the natives in 1904-5. I have &c., ELGIN. No. 25. The earl OF ELGIN to Governor the EARL OF SELBORNE. (Sent 3.25 p.m., March 22, 1906.) Telegram. [Answered by No. 'rid.] March 22. No. 1. Question asked in Parliament as to approximate number of Chinese coolies illegally flogged under sanction given by Lord Milner. Please report by telegraph. No. 26. The EARL OF ELGIN to Governor the EARL OF SELBORNE. (Sent 4.10 p.m., March 22, 1906.) Telegram. [^Answered by No. 50.] March 22. No. 2. Please telegraph number of unskilled white workmen em- ployed on Witwatersrand mines before arrival of Chinese and at present" time. No. 27. The earl OF ELGIN to Governor the EARL OF SELBORNE. [Answered by Nos. 82 and 108.] My Lord, Downing Street, March 23, 1906. I have the honour to transmit to you a copy of a question asked in the House of Commons as to outrages committed by Chinese coolies and of the reply. 2. I shall be glad to learn whether any further steps can be taken to prevent these outrages. I have, &c.. ELGIN. Enclosure in No. 27. House of Commons, Wednesday, March 14, 1906. Mr. iMack.4RNESS asked the First Lord of the Treasury " whether his attention has been called to the fact that during the last six months the Chinese labourers, who have escaped from the Transvaal mines, have committed upwards of 50 serious crimes upon the peaceable inhabitants of the Colony, including at least eight murders and many cases of housebreaking and assault ; and what steps the Govern- ment intend to take to prevent the continuance of this evil." In reply, Sir H. Campbell-Bannerman said: — " The Secretary of State for the Colonies informs me that he has not yet received the return of the crimes, moved for by the Honourable Member on the 21st ultimo, and he is, therefore, not aware whether the numbers stated in the question are correct. 15 " He is asking Lord Selborne to indicate his views as to what further steps are possible to prevent crimes of this nature. I am satisfied that the Transvaal Government are fully alive to the necessity of effectually checking such outrages." No. 28. Governor the EAEL OF SELBORNE to The EARL OF ELGIN. (Received 6 p.m., March 23, 1906.) Telegram. March 23. No. 1. Referring to my telegram. No. 2, 23rd February,* total number persons employed in gold mines of whole Transvaal on 28th February: — White, 18,529; coloured, 93,843; Chinese, 50,000. No. 29. Governor the EARL OF SELBORNE to The EARL OF ELGIN. (Received 5.15 p.m., March 23, 1906.) Telegrajvi. March 23. No. 2. Referring to my telegram. No. 1, 23rd February,! official returns white workmen in mines of Witwatersrand district, end of February, show decrease of 26. No. 30. Governor the EARL OF SELBORNE to The EARL OF ELGIN. (Received March 24, 1906.) My Lord, Governor's Office, Johannesburg, March 5, 1906. I HAVE the honour to acknowledge the receipt of your predecessor's despatch of the 10th November,! enquiring as to the value of the mining machinery imported into the Transvaal from Great Britain since the arrival of the first batch of Chinese coolies, compared with that of the machinery imported in the period immediately preceding. 2. In reply, I have the honour to attach a statement showing the monthly importations for the 12 months immediately following the arrival of the first batch (July, 1904) as compared with those of the preceding 12 months. 3. I would point out that the number of stamps erected on the Witwatersrand on 30th June, 1903, was 7,145, and that in December last only 6,910 of these were running, the balance remaining idle mainly through the shortage of unskilled labour. 4. It was, of course, natural that the mining companies should refrain from any great extension of operations until their requirements for unskilled labour on existing works had been satisfied, but you will have learnt from the Chamber of Mines' memorandum that accompanied my despatch of the 22nd January, § that it was proposed to proceed almost immediately with the erection of an addi- tional 3,740 stamps, involving a capital expenditure on plant of some £10,000,000. The greater proportion (probably some 65 per cent.) of the amount expended from this sum on the purchase of machinery would have been expended in Great Britain, but the programme of development is not now being proceeded with and will not be undertaken until the mining companies know definitely in what position they stand with regard to the future supply of unskilled labour. 5. I would add that, during the financial year 1902-3, when large works of • No. 10. t No. 9. + Not printed. § No. 63 in [Cd. 2819]. 16 reconstruction had to be undertaken in order to make good damage done and depre- ciation suffered during the war, the importation of machinery reached the figure of £1,766,357, of which £1,148,000 represented the share of this trade obtained by Great Britain. I have, &c., SELBORNE, Governor. Enclosure in No. 30. Value of Mining Machinery Impofited ixto the Transvaal from Great Britain. For 12 months before arrival of Chinese. For 1 2 months following first arrival of Chinese. 1903. July £ 66,038 1904- July £ 60,969 August 84,905 August 16,413 September 38,862 September 31,137 October 52,200 October 22,469 November 27,036 November 20,694 December 32,390 December 45,818 1904. January 41,847 1905. January 31,781 February 58,594 February 41,321 March 40,943 March 19,222 April 16,349 April 51,436 May 85,781 May 34,657 June Total 34,624 June Total 45,318 579,569 421,235 No. 31. The earl OF ELGIN to Governor the EARL OF SELBORNE. (Sent 5.50 p.m., March 24, 1906.) Telegram. \_Answe-red by No. 32.] March 24. No. 2. Matter most urgent. Following received signed Hutchin- son, Russell, and Bowen, Solicitors, Johannesburg: — Begins: Li Kui Yu, Chinese police sergeant, arrested here yesterday. Detained by Jamieson, Superintendent Foreign Labour Department. 1,000 Chinamen at Croesus Mine petition us defend. We have applied Jamieson, who refuses allow anyone see Chinaman and refuses him legal assistance. No charge has been made. Chinamen here claim your immediate assistance and right to legal protection. Reply earnestly requested. Ends. Please telegraph facts. 17 No. 32. Governor the EARL OF SELBORNE to the EARL OF ELGIN. (Received 2.51 p.m., March 29, 1906.) Telegr.am. [Answered by No. 43.] March 29. No. 1. Your telegram 24th March, No. 2.* Superintendent informs me Li Kuei Yu was ordered by him to be repatriated under Section 7 of Ordinance 27 of 1905 on the strongest possible grounds. He was detained from the 21st to 24th March until arrangements were completed under Sections 27 and 28 of Ordinance 17 of 1904 for his repatriation. On 24th March he was escorted to Durban to embark there for China. No criminal charge was laid against Li Kuei Yu and no defence therefore required. Solicitors who have addressed you were informed it was under order for repatriation by Superintendent under section quoted above. Full reportt will be sent to you by mail whole case. No. 33. Governor the EARL OF SELBORNE to the EARL OF ELGIN. (Received 8.29 p.m., March 29, 1906.) Telegram. March 29. No. 2. Your telegram of 3rd March, No. 1.:}: It would be contrary to terms of Ordinance for a Chinese labourer to carry on gardening as a business either by himself or by others. It would be impossible for him to acquire land for such purpose. It would not be contrary to terms of Ordinance for a Chinese labourer, if he can do so consistently with the fulfilment of his contract with his employer, to garden for his own pleasure on land his employer may allot to him for such purpose. As a matter of fact coolies do decorate their compounds with small flower gardens where space permits and mining companies have no objection this being done. So far as I am aware no coolie has applied for permission to cultivate vegetables, nor are any likely to do so, as they are supplied by their employers with all the fresh vegetables they require. No. 34. The EAUL OF ELGIN to Governor the EARL OF SELBORNE. [Answered by No. 132.] My Lord, Downing Street, March 30, 1906. I HAVE the honour to transmit to you copy of a question asked in the Hoiise of Commons as to the importation of opium for the use of Chinese coolies and of the reply. 2. I shall be glad to learn whence comes the opium which is used in the Transvaal. I have, &c., ELGIN. Enclosure in No. 34. House of Commons, Monday, March 12, 1906. Mr. Smeaton asked the Under Secretary of State for the Colonies " whether opium is imported into the Transvaal for the consumption of the Chinese coolies; • No. 31. t See No. 52. J No. 17. 2.->J68 C 18 if so, whence it comes ; the quantity and value annually imported since the arrival of the first batch of Chinese coolies ; at whose expense the drug is imported ; what duty, if any, is imposed on the drug at the ports ; whether the value of the opium supplied to the coolies is deducted from their wages; and through what agency the drug is distributed among the coolies." Mr. Churchill in reply, said : — "Under Section 8 of the Ordinance of 1905, amending the Labour Importation Ordinance of 1904, published at page 59 of [Cd. 2786], the possession by, and supply to, labourers of opium is penalised. The Ordinance came into operation on 19th September, and opium is, therefore, not now legally imported for their consumption. I am not able to give the amount imported annually, but the amount imported for the quarter ended 30th September, 1905, is given as of the value of £5,381 ; the duty imposed at the ports under the Customs Convention is 10 per cent, ad valorem. The Chinese police are said by Lord Solborne to have been guilty of selling opium to the coolies, but every effort is no doubt made to put an effectual stop to any such practice." No. 35. The earl OF ELGIN to Goveenor the EARL OF SELBORNE. [Answered by No. 145.] My Lord, Downing Street, March 30, 1906. I HAVE the honour to acknowledge the receipt of your despatch of the 5th of February,* on the subject of the treatment of Chinese coolies. 2. I am fully satisfied that both you yourself and your officers are sparing no effort to secure the humane treatment of the coolies, and I do not desire that your labours in that direction should be hampered by fruitless investigation of past events, but I presume that enquiry has been made into the cases of Li Chang Yueh and Wang Wang Chang, referred to in the enclosure to my despatch of the 13th of January.! If so, I should be glad to know the result. 3. I should also be glad to know whether there is any reason to suppose that the term " policemen," as applied to the Chinese watchmen and translated into Chinese, leads the coolies to suppose that they are endowed with legal authority, and, if so, whether another term cannot be substituted. 4. I presume that arrests are made on the mines by officers duly appointed for that purpose, and that the Inspectors are taking precautions to avoid illegal arrest by Chinese " policemen." I have, &c., ELGIN. No. 36. Governor the EARL OF SELBORNE to The EARL OF ELGIN. (Received March 31, 1906.) My Lord, Governor's Office, Johannesburg, March 12, 1906. With reference to my despatch of the 4th January ,| I have the honour to enclose, for your information, a copy of a statement for the month of December, 1905, of convictions and sentences on Chinese labourers. I have, &c., SELBORNE, Governor. • No. 12. t Not printed. J No. 50 in [Cd. 2819]. 19 Enclosure in No. 36. Convictions and Sentences imposed on Chinese Labourers for the Month of December, 1905. Crime or Offence. Total No. of Labourers Sentenced. Assault (common) Assault (indecent) Assault (with intent) Assault (other kinds) Culpable homicide Murder Riot Other Offences under Common Law — Forgery and fraud Attempting to escape from custody Public violence Malicious injury to property . Housebreaking by night Housebreaking and theft Theft Contravention Regulations, Sec- tion 9, Ordinance 20 of 1905 (possession of dangerous weapons). Contravention Regulation 84, Ordinance 54 of 1903 (mining regulations). Offences under Labour Importation Ordinance or its Regulations — Contravention Section 19, Ordin- ance 17, 1904 (absence without permit). Contravention Section 31, Sub- Section 11, Ordinance 17, 1904 (desertion). Contravention Section 8, Sub- Section 15, Ordinance 27, 1905 (illegal possession of opium). Contravention Section 20, Sub- Sectiou 2, Ordinance 17, 1904 (unlawful absence). Contravention Section 8, Sub- Section 17, Ordinance 27, 1905 (fraud in the performance of work). Contravention Regulation 44 of 1905. 74 Nil. 7 Nil. Nil. 4 Nil. 56 10 2 1 27 22 Nil. 71 65f. 39 102 18 1,119 Summary of Sentences. From seven days' hard labour to £5 or one months' hard labour. From six weeks' hard labour to five months' hard labour. (Three) seven years' hard labour, (one) " death." From 10.5. or 10 days' hard labour to three months' hard labour. One month's hard labour on expiry of present sentence. From £2 or 14 days' hard labour to three months' hard labour. Six weeks' hard labour. Three months' hard labour and 10 lashec. From six weeks to five years and 15 lashes. From seven days' hard labour to six months' ' hard labour. From one month's hard labour to six months' hard labour. From 5s. or seven days to £4 or six weeks' hard labour. From lOs. or seven days' hard labour to £7 or six weeks' hard labour. From £2 or 14 days to two months' hard labour. From 5s. or one week's hard labour to £4 or one month. From 5s. or 14 days' hard labour to £3 or one month. 10s. or seven days' hard labour. Remarks Fines paid in nine cases. Fines paid in 18 cases. Fines paid in 45 cases ; deducted from wages in 30 cases. Fines paid in 109 cases ; deducted from wages in 25 cases. Fines paid in nine cases ; deducted from wages in one case. Fines paid in 15 cases. Fines paid in three cases ; deducted from wages in 14 cases. Fines paid in eight cases. 25368 C 2 ,^0 No. 37. GovERNOJi THE EARL OF SELBORNE to The EARL OF ELGIN;o 'j -^ — r (ReceiTed March 31, 1906.) [See'No.AQ.] My Lord, , ■ , Governor's Office, Johannesburg, March 12, 1906. With reference to my despatch of the l2th March,* I have the honour to enclose, for your information, a copy of a statement for the month of January, 1906, of convictions and sentences on Chinese labourers. I have, &c., SELBORNE, Governor. ■ ' • i.!:.ji T-> '•;•.) : III w cA Enclosure in No. 37. :J.i.;;!..i! -Id: Convictions and Sentenges imposed on Chinese Labourers for the Month of January, 1906. ! Total No. of Remarks. '^ Crime or Offence. ! Labourers Summary of Sentences." i Sentenced. •—""■''*., . .,,- ■ . • • • ' 'r.rp- ■■ ;-■;«,:. ' •• ■ ■• ■; • ' I ABsault (common) 44 From 10*.. or 10 days' Fine paid in two cases. to two months' bard ." ■jt^'.ii'j s • .iii.'rn:!*: ,. .labour. Assault (with intent) ; 7 From two months and 10 lashes to four years ■:>ri',;-rv . ; and 20 lashes. Murder Nil. : -bi: Riot 1. 1 21 days' hard labour. ! ■:":.;f; v:'-^:i}r.y,(fji.;v7r Other Offences under Common , . Law — ■•-■-. ■ iHK-^y ■ 'I Forgery and fraud : 56 From £1 or seven days to three months. Fine paid in five cases. Attempting escape from custody 1 One month's hard labour. Public violence ... Nil. -.oiUn't'^'.i'-' ' Housebreaking by night 10 Sg years and 20 lashes "to four years and 20 lashes. Housebreaking and thef^ ■ Nil Theft i t 18 From £1 or 14 days to £7 or six weeks. Possession dangerous weapons 7 £7 or six weeks' hard Fine paid in two cases. (contravention Regulations, labour. Section 9, Ordinance 20, 1905). Possession of explosives (contra- 1 £25 or two months. vention Section 7, Sub-Section 1, Ordinance 4, 190.5). Contravention Regulation 84, 7 • From £2 or one month Fine paid in one case. Ordinance 54, 1903 (mining to £5 or one month. regulations). Offences under Labour Importation Ordinance or its Regulations — Absence without permit (contra- 101 From OS. or 10 days to Fine paid five cases ; in vention Section 19, Ordinance £2 or six weeks. 46 cases fines were 17. 1904). deducted from pay. Desertion (contravention Section 809 From .5.9. fine to £25 or Fine paid 152 cases ; 18 3^1, Sub-Section 11, Ordinance. two months. from pay. . 17, 1904). ■.[1 1 Carried forward 1062 No. 36. rZt :-2i ■Si- . .'icrimfe or offence. ■ Total jfo. of 1 LaVjonrers I Sentenced. ' ' StamtBiiry of Sentences. Remarks. Brought forward ..U •■• \.^ Offenffefi nnder Labour Importation ■, Qrdinance pr ifs Regijlations — ; , cont. — ,, , ,. ,,. ,, ■'" ■ Fraud in performahcie of work (contravention Section 8, Sub- Section 17, Ordinance 27, 1905). -' Illegall possession of opium (con- '■_, travention Section S, Sub-See* tiop. 15, Ordinance 27, 1905). Unlawful absence (contravention ■-■ Section 20, Sub -Section 2, Ordinance 17, 1904). Absence from roll-call (contra- vention Regulation 44, 1905). From £1 or seven days to £18 or six weeks. From 10s. or 14 days to ' £20 or three months. From 5s. or one week to £4 or one month. From £1 or seven days ■'■jK\ I'j.'.y'- Fine paid one case ; in three cases deducted from pay. Fine paid in seven cases. ■ ''.} Fine paid in 17 cases. Fine "paid in six .io>:o TO .>)■ ■V- ; 0^^ .loJ 10/.' No. 38.:'* GavEi^NGR THE EARL OF SELBORNE to the EARL OF ELGIN. oj Tfrno -(Received 12:20 a.m., March 31, 1906.) . ... ..Telegram. .HOT sr ;T!!0.:'£ '^' y('Answere^ by NJ:M.] ;.o/iJ :::Oil]":.;ji «■•■" March 30. No, 2. Your telegram of.Bth March.* It is indeed a hard task that you have given me. My first duty must be to point out the .great difficulties there are in carrying out' your scheme of repatriation of Chinese coolies on the lines proposed in your telegram. _ ' ' '\~' I am inforriied b}^! the Superintendent of Foreign' Labour''that" to "explain the motive of His Majesty's Government to the Chinese coolies will be a hopeless task. It vvrill be incomprehensible to them. They have very strict ideas as to the sacredness of contracts; and the action of His Majesty's Government will be attributed by them, one and all, to ah attempt to upset the existing contracts to their disadvantage. He says that they will either suspend all work for a week or two while they discuss this, to them, inexplicable proposition, or they will determine to leave the country in a body before the Government can deprive them of the savings which they have accumulated. As an instance of the working of their minds he cites that a scheme, in which I myself took great interest, for the establishment of Government Savings Banks in connection with the mines where coolies could bank their savings, was. after great deliberation, pronounced by the coolies to be an undoubted attempt on the part of the Government to appropriate their savings. The sole object of His Majesty's Government, I understand, is to enable coolies who are really discontented with their lot or who had misunderstood the nature of their work to return to China, but to do so while avoiding anything in the nature of an inducement to coolies to terminate their contracts in large numbers, and thereby cause a heavy charge to Imperial funds and an industrial collapse on the Rand. This being so, I am con- vinced that you would not desire to run such risks as the Superintendent of Foreign Labour foresees in the plan as suggested. Again, he is confident that under the plan suggested no coolies will disclose the fact that they have any money saved up with which to purchase their discharges. He is, in fact, confident that the plan would result in the repatriation of a great number of coolies who did not desire to be repatriated, and of a great numbeF who could., if they wished to do so, very well afford to purchase their discharges. 1 ::: • NoMS.-'-'^"'-'^-'-'-^- :!;iv, 22 Again, both the Lieutenant-Governor and the Superintendent of Foreign Labour think that it would be much better to send a man who was to be repatriated at the expense of His Majesty's Government ( ? away at once as he) would take care to do no more work than he could possibly help in the interval, and they believe that he would be a very disturbing influence among the rest of the labourers. It is clear that legislation would be required in order to make effective the penalty of twelve months' imprisonment for coolies who return to the Transvaal after being repatriated by His Majesty's Government. Do you approve ? It could not be done by regulations. So far this telegram has been destructive. I now put forward some construc- tive proposals on the lines of which I will endeavour to work out the problem if His Majesty's Government approve of them. I would not give any coolie an opportunity of being repatriated at expense of His Majesty's Government unless he has been six months on the Rand. He cannot really tell till then whether he likes or dislikes his position. I should propose that the Superintendent of Foreign Labour should put up in each compound a notice setting forth : — 1. That it has been represented to the Government that there are labourers. who are dissatisfied with the nature of their work, or who did not understand when they left China what were to be the conditions under which they were to work in the mines. 2. That there is no desire on the part of the employers to retain the services of men who are dissatisfied, or who have just cause to complain of the conditions under which they work. 3. That under Clause 14 of their Contracts all such persons can terminate their service and return to China, if they pay expenses incurred ia bringing them here and sending them back. 4. That the Government are anxious to know from the coolies described in 1 what are the reasons why they do not avail themselves of Clause 14 of their Contracts. 5. Inviting all such persons as are described in 1 to send in petition to the Superintendent, giving the reasons why they are dissatisfied and why they do not take advantage of Clause 14 of their Contracts, and if such reason be that they have not tlie money to purchase their dis- charges, to state how much money they can contribute to purchase their discharges, but that it must be remembered by all petitioners that if they are allowed to return to China without paying the full purchase money for their discharges, they will not be allowed to return to South Africa under any pretence, and that if they do so they will be liable to imprisonment for a period of twelve months. The Superintendent and Inspectors would then examine petitions, see the petitioners personally, and ascertain all those who are genuinely anxious to return to their country, and exactly what amount they can contribute towards the expenses incurred in sending them back. These would then be listed for repatriation. As soon as the list of persons to be repatriated was complete steps should be taken to carry out repatriation. Until such steps were complete, persons to be repatriated would continue to serve under their contracts, and they would be told that in addition to what they had declared they could contribute towards the expenses of repatriation, half what they earned while waiting to be repatriated would be added to such contribution. Also it should be explained to them that unless their conduct during the period of waiting to be repatriated was good their repatriation might be cancelled. The sole judge of conduct to be the Lieutenant-Governor. Do you authorize me to proceed on these lines ? If you do I must work it out in further detail with the Lieutenant-Governor, Superintendent of Foreign Labour, 23 and Chamber of Mines. I might have to vary details, but I assume that I shall have authority to do so so long as full effect is given to intention of His Majesty's Govern- ment, viz., that every coolie who really and earnestly desires to return to China should be enabled to do so, and should realize that it is possible for him to do so. No. 39. Governor the EARL OF SELBORNE to the EARL OF ELGIN. (Received 4.40 p.m., March 31, 1906.) Telegram. March 31. No. 2. Your telegram 22nd March, No. 1.* Jamieson reports as follows : I understand position to have been this. Mine Managers complain of loss of time and expense of taking coolies guilty of trivial offences and minor breaches of regulations, together with escorts and witnesses, before the Magistrates' Courts where, owing to pressure of work, cases were often remanded. Coolies themselves objected to economic waste of time wherein they could beearning money, and in some instances asked that offenders be dealt with summarily by means of slight corporal punishment inflicted on the mine. Late Superintendent appears to have concurred in principle and it is supposed he mentioned having done so to Lord Milner. There is, however, absolutely nothing on record of latter's sanction, official or unofficial, nor of sanction by Lawley or Evans, nor does late Private Secretary remember question ever having been brought up. That on certain mines undue advantage was taken of Superintendent's assent actually given, or tacitly taken for granted, is undoubted, but principally by the Compound Police who have instructions see that order was maintained and mine discipline enforced. Government had at that time no regular system of Inspectors nor of check, and naturally no records were kept. It is therefore impossible even approximately to state numbers. No. 40. The EARL OF ELGIN to Governor the EARL OF SELBORNE. (Sent 5.25 p.m., March 31, 1906.) Telegram. March 31. Your telegram. No. 2, 30th March. f I think your constructive proposals repatriation would be fair fulfilment of pledges given to Parliament and would command much acceptance here. But protracted delay in announcing definite action may provoke suspicions and complaint. Question will be asked Commons, Monday, and I propose in reply to give the substance of your suggestions, and to add that they appear here to give full effect to the intention of His Majesty's Governjnent, viz., that every coolie who leally and earnestly desires to return to China should be enabled to do so and should realize that it is possible for him to do so. Do you concur? As regards detailed regulations I am anxious to impress upon you the necessity of framing them with the least possible delay. No. 41. The EARL OF ELGIN to Governor the EARL OF SELBORNE. (Sent 6.20 p.m., April 4, 1906.) Telegram. [Answered by No. 47.] April 4. No. 1. My telegram, ISth February, No. 3,1 your telegi-am, 28th February, No. 2.§ Judicial and punitive methods to which exception is taken by • No. 25. t No. 38. J No. 7. § No. 14. 3*^ His Majesty's Government were enumerated by Under-Secretary for the Colonies in the House of Commons on 22nd Februaiy. You will observe that the judicial methods referred to were trials within the mine premises and that it is not the intention of His Majesty's Government to withdraw the judicial powers of the Superintendent and Inspectors which were conferred upon them largely on the assumption that this was in the interests of the Chinese labourers for the purpose of securing a more speedy and satisfactory administration of justice through Chinese- speaking Magistrates. The objectionable provisions are (a) holding of trials within the mine premises ; (b) deduction of fine from wages ; (c) fining of head boy for not reporting offences; (d) collective punishment. It is necessary to consider how effect can be given to these objections. With regard to (a) His Majesty's Government desire that Courts should be held at places outside the mines and with full publicity. This apparently can be done by order of the Lieutenant-Governor under Sections 1 (1) and 13 of the Ordinance of 1905. His Majesty's Government also consider that the provision of a lock-up on the mines by the employer is objectionable and that in any case the confinement in any lock-up on the mines should be limited to a few hours by Regulation. This also can apparently be done by Regulation under Section 13. It has not yet been fully explained by what process legal arrests are effected on the mines. With regard to (b) while accepting for the time being the Attorney-General's proposal to issue instructions to the Superintendent and Inspectors, His" Majesty's Government would observe that it is unusual to limit the discretion of a judicial officer by instructions, and they desire that the matter should be dealt with by an amendment of the Ordinance, which will in any case he necessary. (c) appears to call for an amendment of the Ordinance. With regard to (d) it will apparently be sufficient for the Lieutenant-Governor to notify that he will refuse his approval of collective fines. His Majesty's Government are prepared to waive objection to the penalties in the Ordinance upon the labourer for the purchase or possession of opium on the ground that the penalties are a practical necessity. I desire to learn from you that practical effect can be given at once to these required alterations, either by Regulation or by the issue of instructions pending any absolutely necessary amendment of the law at the next meeting of the Legislative Council. In my opinion it is clearly preferable that any amendment of the law should take place by Ordinance rather than by Order in Council. No. 42. The earl OF ELGIN to Governor the EARL OF SELBORNE. (Sent 7.30 p.m., April 5, 1906.) Telegram. [Answered ly No. 46.] April 5. No. 2. Your telegram, 29th March, No. 1.* Questions asked in Parliament as to whether Li Kui punished coolies by tying them up by thumbs and whipping them, and what steps have been taken to prevent continuance of torture and flogging and as to order made by Judge Mason against Jamieson. Telegraph facts. No. 32. 2h No. 43. The earl OF ELGIN to Governor the EARL OF SELBORNE. (Sent 2.30 p.m., April 6, 1906.) Telegram. April 6. No. 1. Your telegram, 29th March, No. L* Communicate following to Hutchinson, Russell, and Bowen: — Begins: Have telegraphed to Governor who replies that you have been in- formed of the pi'ovision of the Ordinance under which repatriation has taken place. No. 44. The earl OF ELGIN to Governor the EARL OF SELBORNE. [Answered by No. 119.] My Lord, Downing Street, April 7, 1906. I have the honour to transmit to you copy of a question asked in the House of Commons as to the Premier Diamond Mine, and of the reply. 2. I shall be glad to receive a report on the question asked by Mr. Markham, and more particularly a report as to whether the mine could be worked at a profit with white lalx)ur. I have, &c., ELGIN. Enclosure in No. 44. House of Commons, Thursday, April 5, 1906. Mr. Markham asked the Secretary of State for the Colonies whether " Kaffirs working on the Premier Diamond Mine are strictly confined to compounds, and, if so, whether this is the only mine in the Transvaal where the compound system is enforced; whether, in view of the declaration of Ministers relating to the compound system in South Africa, and that the Transvaal Government hold six- tenths of the claims, and are entitled to 60 per cent, of the profits of this mine, he will instruct Lord Selborne to abolish the compound system, and work the mine for the future entirely with w^hite labour ; whether he is aware that the chairman of this company, at the annual meeting held in Johannesburg on 27th February, 1906. stated the working costs per load were 3s. 9d. and the profit 10s. per load, and that the net profit for the mine for the year 1905 was £622,633, and that additional profit was anticipated when the new washing plant was completed in June next ; and whether he will instruct Lord Selborne to obtain from the State Mining Engineer a report of what diminution of profit, if any, would be lost to the Government if the mine was worked entirely with white labour." Mr. Churchill, in reply, said : " Kaffirs working on the Premier Mine are, I understand, confined to compounds under the Ordinance of 1903, which enacts, inter alia, that no coloured person shall be kept in any compound except under a contract voluntarily entered into by him, and not running for a jieriod exceeding three months at a time. I am not aware whether this system exists on the other diamond mines. The Secretary of State is not prepared to give the instructions suggested. I have not received any official report on the financial working of the Premier Mine, but I have seen the report in the local press of the annual meeting. The Secretary of State will ask Lord Selborne to obtain from the Mining Engineer the report which the Honourable Member desires." • No. ■52. 26368 ->6 No. 45. The earl OF ELGIN to Governor the EARL OF SELBORNE. [Answered In/ Xa. 121.] My Lord, • Downing Street, April 7, 1906. I HAVE the honour to transmit to you copies of two questions asked in the House of Commons relative to the flogging of Chinese coolies and of the answers. 2. I shall be glad to receive a report as to the question asked by Mr. H. Cox on the 5th instant. I have, &c., ELGIN. Enclosure 1 in No. 45. House of Commons, Wednesday, March 21. Mr. Harold Cox asked the Under-Secretary of State for the Colonies whether coolies who have been illegally flogged in South Africa are entitled to recover damages for assault from any person or persons; and, if so, whether the Secretary of State will undertake that they shall be informed of the nature of their remedy and furnished with the necessary facilities for prosecuting it. In reply, Mr. Churchill said : " A coolie is entitled to recover damages for illegal assault. Under the Labour Importation Ordinance of 1904, it is part of the duty of the superintendent and inspectors to inquire into any complaint which a coolie may have to make. In inquiring into any complaint, no doubt the superin- tendent or inspector would inform the coolie of any civil remedy open to him. The Secretary of State considers that in these circumstances it is not necessary to make any special notification to the coolies on the subject." Enclosuie 2 in No. 45. House of Commons, Thursday, April 5. Mr. Harold Cox to ask the Under-Secretary of State for the Colonies, in how many cases Chinese coolies who have been illegally flogged in the Transvaal were subsequently informed by the Superintendent of Foreign Labour, or by the inspectors, that they had a right to recover damages for assault. In reply, Mr. GSurcbull said : " I am not able to say, but the Secretary of State will make inquiry." No. 46. AcTiKG Lieutenant-Governor Sir R. SOLOMON to The E.VRL OF ELGIN. (Received 8.55 p.m., April 10, 1906.) Telegram. [Answered by No. 60.] April 10. No. 1- Your telegram to Governor, 5th April, No. 2.* A full state- ment of case of Li was sent to you by mail of 2nd April, t It was reported to Super- intendent that Li was in the habit of flogging coolies and in one case tied a coolie up by thumbs. Jamieson had good reason to believe report and caused Li to be repatriated. It was difficult to get coolies to give evidence, as they were afraid of Li and of Chinese Controller under whose directions believe Li was acting. Con- troller dismissed. Superintendent now hopes he will be able to get evidence against Controller with a view to prosecution. It is believed that with Li repatriated and Chinese Controller dismissed alleged flogging and torture in compound in question will cease. • No. 42. t See No. o2. 27 Order made against Jamieson by Judge Mason was to return body of Li alleged to have been illegally detained by him pending his return to China and to show cause why he should not be committed for contempt of court for sending Li to Durban to be there placed on board ship for China in pursuance of repatriation order, but after receiving letter from solicitors threatening that if information not given them as to charge against Li court would be moved Jamieson informed solicitors no charge against Li but undei' orders for repatriation and naturally thought no further action would be taken. To-day Jamieson showed cause and was found guilty of contempt and fined £10 but Judge stated Jamieson had acted quite bond fide though illegally and without intention to show disrespect to court and that the coolie left voluntarily for China. Appeal has been noted. No. 47. Acting Lieutenant-Governor Sir R. SOLOMON to The EARL OF ELGIN. (Received 6.2 p.m., April 11, 1906.) Telegram. [Answered by No. 57.] April 11. No. 1. Your telegram to Governor, 4th April, No. 1.* At present some of the Courts held by Inspectors are within the mining compounds, but notice is afiixed to the door of every such compound that any person wishing to attend the proceedings of the Court may do so. I am now in communication with Superin- tendent with a view to having only a sufficient number of Inspectors' Courts erected and these must all be erected outside the compounds. I shall urge that this be done as promptly as possible. With regard to lockups on the mines, I have given instructions that these should be under the charge of some person not in the service of the mineowners. My own opinion is that such person should be a police officer and that he should be paid by the owners of the mine on which the lockup is situated. He must keep a register similar to that which is usually kept at a charge office. I shall publish a regulation to the effect that no person can be detained in such a lockup for a period exceeding 24 hours without a charge being brought against him, and that no more persons should be detained at any one time than the number fixed by the Medical Officer of Health as the maximum which the cell can contain with due regard to health. I agree that ( ? it is not) satisfactory to limit the discretion of a judicial officer by inslructions, and propose, therefore, to introduce an Ordinance during the next session of Legislative Council respecting the section of Labour Importation Ordi nance to which you refer in your telegram as objectionable. Meanwhile, Superin- tendent and Inspectors have instructions to treat them as if already repealed. I fully agree that it is prcferaixo that any amendment of the law should be by Ordinance rather than by Order in Council. No. 48. Acting Lieutenant-Governor Sir R. SOLOMON to The EARL OF ELGIN. (Received 9.57 p.m., April 11, 1906.) Telegram. [Answered by No. iu).] April 11. No. 2. With reference to Lord Selborne's telegram to you, No. 2, of ( ? COth March), | I have had two long consultations with the Chamber of Mines • No. 41. t No. 38. 25368 D 2 28 with t'lie view of obtaining information on which the details for carrying out repatria- tion sclieme could be framed. The Chamber have sent me an important memo- randum upon the whole subject, and they trust action will be postponed until you have seen it. 1 am sending it by next mail, but I can cable it to you if you think that this will cause undue delay. It is very long, but I think that it is most desirable that you should see it. The Chamber point out that any kind of putting up in the compounds would have disturbing effect, and that one-third of labourers probably would petition to return to China. These would include not only those His Majesty's Government are anxious to assist but a great many others who are well able to buy their dis- charges if they wei'c dissatisfied with their conditions, and would seize the oppor- tunity of free passages to China, and take with them what they have savea here. The Chamber think that any notification would be an inducement to coolies to terminate their contracts in large numbers and thereby cause heavy charge to Imperial funds, and industrial collapse here which will throw hundreds of white men out of employment. I have also consulted a Chinese writer in the Government employment who thoroughly understands the labourers, as to the effect of any notice in compound on lines suggested, and he says that a very large number of coolies would apply to go home at the expense of Government, only a percentage of whom would be of the class which His Majesty's Government desire to assist; that the others would include gamblers who have lost heavily and are anxious to get out of the country so as to avoid paying their debts, and men who through sickness or opium are unable to work hard. This Chinese writer is also clear that, from his knowledge of his countrymen, any notice such as that suggested would arouse suspicion in the minds of labourers as to the motives of the contemplated action. I would recommend the following method of carrying out the object of His Majesty's Government for your consideration. The superintendent and Inspectors should, without posting up any notice in the compound, quietly, by moving among the labourers, ascertain on each mine what labourers are dissatisfied with their con- ditions, and are genuinely anxious to return. This would soon become known among the labourers, and those anxious to return to China would not hesitate to communicate their desire to the Superintendent and Inspectors. They should report to Lieutenant-Governor the case of every such labourer, finding out at the same time from each such labourer how much he is willing to contribute towards the expenses of returning him to China. Mr. Jamieson informs me that he believes that in this way all genuine cases would be ascertained, and I have every reason to believe that there would be no difficulty in getting the companies themselves to pay for the return of such labourers. riiis process would no doubt be a slower one than that of calling for applications by notices in compounds, but I am assured it would have the effect of getting hold of the men whom it is desired to assist, and would not incur risk of industrial collapse, the result of which would be far-reaching. The Superintendent would also freely exercise his powers, under Section 7 of the Labour Amendment Ordinance, 1905, and repatriate all whom he has power to repatriate under that section, so that there may be no risk of throwing on Imperial Government the cost of repatriating those who ought to be repatriated at cost of the employers. Mr. Jamieson says he could at once repatriate 200, undei- section referred to. My object is to ascertain with certainty, as far as possbile, the labourers His Majesty's Government are desirous of assisting, and I think it can be done by the process I have suggested. At all events,! would recommend that it be tried as an experiment to start with and at once without delay. If this be agreed to I would personally see the Superintendent and each Inspec- tor and urge that each should endeavour to attain the object His Majesty's Govern- ment have in view. 29 No. 49. The earl OF ELGIN to Governor the EARL OF SELBORNE. (Sent 4 p.m., April 12, 1906.) Telegram. ^Answered by No. (>'.>.] April 12. No. 1. Your despatch, 12th March.* Is there any definite reason for large increase in cases of desertion in January return, over the average previously reported ? No. 50. Governor the EARL OF SELBORNE to The EARL OF ELGLK. (Received 7.35 p.m., April 12, 1906.) Telegram. April 12. No. 1. Your telegram, of 22nd March, No. 2.t Number of un- skilled whites employed on Witwatersrand Mines on 30th April, 1904, total, 1,003; on 28th February, 1906, total, 707. DespatchI will follow by mail. No. 51. Governor the EARL OF SELBORNE to The EARL OF ELGIN. (Received April 21, 1906.) My Lord, Governor's Office, Johannesburg, April 2, 1906. With reference to my despatch of the 12th March,* I have the honour to enclose, for your information, a copy of a statement for the month of February, 1900, of convictions and sentences on Chinese labourers. I have, &c., SELBORNE, Governor. Enclosure in No. 51. Convictions and Sentences imposed on Chinese Laboui-ers for the Month of February, 1906. Crime or Offence. Total No. of Labourers Convicted. I Summary ot Sentences. Remarks. Arms Ordinance 1 ,£8 or one month Sentence served. Possession of dangerous weapons ... 7 From £3 or 14 days' hard labour to one month's hard labour. Sentence served. Contravention of Mines, Works and 1.5 From one mouth's hard Sentence served. Machinery Regulations. labour to nine months' hard labour. (iold law 1 Six months" hard labour and tive lashes. Sentence served. Escaping from custody 1 Two months' hard labour Sentence served. Assault 60 From .5s. or one week to In seven cases fine was foui- months' hard paid. labour. Carried forward 85 No. 37. t No. 26. + See No. 113. 30 Crime or Offence. Total No. of Labourers Convicted. ' Summary of Sentences. Uemurks. Brought forward Assault with intent Theft Forgery Fraud Housebreaking and theft Trespass or intrusion Malicious injury to property Murder Offences under the Labour Impor- tation Ordinance or its Regula- tions — (a) Desertion, contravention of Section 31, Subsection 11, Ordinance 17 of 1904. (b) Absence from roll call. Regu- lation 44, Sub-section 5, Ordinance 17 of 1904. (c) Contravention Section 8, Sub- section 17, Ordinance 27 of 1905. (d) Contravention Section G, para- graph 1, Ordinance 27 of 1905 (e) Absence without permit, con- travention Section 19, Ordin- ance 17 of 1904. (f) Unlawful absence, Section 20, Sub-section 2, Ordinance 17 of 1904. (g) Illegal possession of opium, Section 8, Sub-section 15, Ordinance 17 of 1904. (h) Trading by labourers, Section 31 Sub section 13, Ordinance 17 of 1904. Total 85 (; 16 35 1 4 787 17 7 3 Gl 310 28 1.'5.S2 From 14 Idays' hard labour to 12 months' hard labour. From seven days' hard labour to tliree months' hard labour. From 14 days' to one month's liard labour and from 14 days to £9 or three weeks. F)-om £1 or seven days to £4 01- one month's hard labour. From one month's hard labour to five years' hard labour. Two months' hard labour Seven days' hard labour Death. From £1 or seven days to £25 or two months' hard labour. From £1 or seven days' hard labour. From £2 or one mouth's hard labour to £5 or one month's hard labour. Fined £2 each From 10s. or ten days' hard labour to £10 or one month. From 5s. or one week's hard labour to £4 or one month. From £2 or one month to £50 or six weeks' hard labour. From £20 fine to £25 or six wrecks' hard labour. Fine paid in one case. Fine paid in six cases. Fine paid in 97 cases ; in four cases fine de- ducted from pay. Fine paid in one case. In three cases fine was deducted from pay. Fine paid in two cases ; in one case fine de- ducted from pay. Fine paid in six cases : in 1] cases fine de- ducted from pay. Fine paid in six cases. Fine paid in eight cases. Fine paid in one case. No. 52. Governor the EARL OF SELBORNE to the EARL OF ELGIN. (Received April 21, 1906.) [See No. 60.] My Lord, Governor's Office, Johannesburg. April 2, 1906. With reference to my telegram of the 29th March, No. 1,* I have the honour • No. 32. 31 to transmit to you the accompanying copy of a statement with which I have been furnished by the Superintendent of Foreign Labour setting forth the facts with regard to the repatriation of a Chinese coolie named Li Kuei-yii. I have, &c., SELBORNE, Governor. Enclosure in No. 52. Statement regarding repatriation of Li Kuei-yii, Chinese indentured labourer No 29011, employed on the Consolidated Langlaagte Mine. In terms of Section 7 of Ordinance Xo. 27 of 1905, the Superintendent may, with the consent of the importer, order the return to the country of origin, and may cancel the contract of employment and take all necessary steps for such return at the expense of the importer of any labourer who he has reasonable grounds for believing is a danger to the exercise of the proper control of labourers on any mine, and in the exercise of the powers of this section the provisions of Section twenty- eight, Sub-sections (4) and (5) of the said Ordinance shall apply. On the 20th of March Mr. J. Harry Johns, Consulting Engineer of the Johannesburg Consolidated Investment Co., Limited, the representative of the management of the Consolidated Langlaagte Mine, came to consult me with refer- ence to the state of things on the mine in question, and, after hearing what certain coolies, who had come into town to complain to me of oppressive treatment, had to say, asked me to have Li Kuei-yii repatriated under Section 7, above cited. This was confirmed in writing by a letter of the same date. I accordingly gave an order that Li be brought into this office from the mine, and detained here, pending the making of arrangements for sending him down to Durban, to await the sailing of a steamer to China, as it would have been highly inexpedient, in the interests of the public peace, to have kept him on the mine premises. This order was executed by Captain Cruddas, the Department's Inspector for that district, and Li was brought in on the evening of Wednesday, the 21st instant, he having been informed that he was to be repatriated for misconduct. This statement was again repeated to him the next morning by Captain Fairfax, the inspector on duty at the Head Court, to whom he addressed a request that he might see me. This request was, of course, acceded to, and, when he was brought before me, I told him quite plainly the. grounds on which I was taking action. He denied all charges : said he was traduced, and demanded to be confronted with his traducers. I pointed out to him one or two instances of deliberate falsehood he was then com- mitting, to which I shall refer later on, and he was again told that he would have to go back to China. He was somewhat disconcerted at discovering how much I knew, and asked if he might send for his kit. He was given pen and ink and, after he had written a letter to a friend in the compound. I sent an orderly to fetch his things. Certain money he had deposited in Post Office Savings Bank was also with- drawn and handed to him, and he left for Durban, in charge of a police constable, on Saturday, the 24th. He never expressed a refusal to be repatriated, nor did he apply for legal assistance. His one desire was to get in touch with those who had laid complaints against him or furnished me with information, and for various reasons, which appeared to me sound, I declined to give him such opportunity. His repatriation order, which at the same time determined his contract, was signed on March 22, and in the course of that day Mr. Witthauer, the Compound Manager of the Consolidated Langlaagte came to see me. He asked that Li be allowed to sign a Power of Attorney to enable solicitors to act for him. I replied that there was absolutely no necessity for such a course being taken, as Li himself had made no application of that nature, and, under any circumstances, he was not going to be tried. I at the same time informed him of my reasons for removing Li. He then produced a letter from Messrs. Hutchinson, Russell and Bowen, stating 32 that they were acting as representatives of the coolies in the compound, and asking on what charge Li had been arrested. I told him to inform the firm in question that Li was being repatriated under Section 7 of Ordinance 27 of 1905, and that I declined to recognise them in the matter. '&' Witthauer, who was excited, in the course of argument admitted, in the presence of witnesses, that he himself had flogged coolies, in order to maintain discipline, and that Li was not to blame. I intimated to him that, if I could obtain proof thereof, T should prosecute him, and he withdrew. It is to be presumed that thereafter the telegram to Lord Elgin was despatched. The statement therein that no charge has been made is false. I distinctly told Witthauer to inform Hutchinson, Russell and Bowen that Li was being repatriated in terms of Section 7, and gave him my grounds for con- sidering Li an undesirable character. These grounds I shall now proceed to rehearse. Li Kuei-yii is an ex-soldier of the Weihaiwei regiment, and of known bad character. During the incumbency of Mr. C. D. Stewart as Compound Manager he wa.s degraded from his post as policeman for misconduct. On Witthauer's assuming charge, he reinstated him and made him his right-hand man. Witthauer is, I understand, an ex-petty officer of the German navy of very excitable temperament, addicted to intemperance, imperfectly acquainted with the Chinese language and commanding but little respect from his coolies, amongst whom he is universally known as Ta tu Tzu, or Big Belly. By force of circum- stances, therefore, he was compelled to find someone to assist him, and the person selected was Li. Like all Orientals, placed in a position of unfettered authority, he developed into a tyrannical bully, as of personal courage he has no lack, and adopted an insolent demeanour towards everyone placed over him. He has treated my inspectors with scant courtesy, and has stated to them that he has given orders for coolies to be flogged, a statement he was prudent enough to withdraw when charged with assault. I am informed incidentally that the medical officer on the mine has had occasion to treat cases of men suffering from beating. The mine manager will certainly acknowledge that in the past he took little personal interest in his compound, and, consequently, Witthauer and Li had a free hand given them. I have at times asked coolies from that compound why they have not complained to their compound or mine managers in the first instance, before coming to this Department, and the reply has been " What is the use ? Unless you can get round the head policeman you are never listened to." Although aware that this very unsatisfactory state of things has been going on for some months, I have never been able to secure sufficient evidence to sustain a successful prosecution. I tried once, by ordering an investigation, with a view to establishing a jjrimd facie case, but Witthauer got Hutchinson, Russell and Bowen to defend Li, and the evidence broke down. It is not in human nature to expect coolies, who are well aware that they will have to go back to their mine and work under the same compound manager and head policeman as before, to repeat in Court the evidence against these individuals, which they give in statements to me or my inspectors. It was a realisation of how much harm an unsuccessful prosecution would create that induced me, with the consent of his employers, to repatriate Li, under Ordinance 27, and to press for Witthauer's dismissal, rather than to institute proceedings. Once have them removed from the mine, there will be some chance of collecting evidence, given without fear of reprisals. It is due to the very persistent endeavours made by my inspector, to get at the bottom of things in this compound, that of late coolies have overcome their fears, have approached him at night at his private residence with complaints and addressed to him petitions. I give extracts at random from statements on oath : — " About two months ago two of the men in my gang were not able to work, owing to blisters on their hands. Li Kuei-yli beat me, saying it was my fault that these two could not work." 3^ " Li sells upiuin at 10s. per small tin, gin at 16s. per bottle." " Li compelled me to buy flour, which I did not want, under penalties of being beaten." "I bought 5s. worth of flour from Li Hung Chang, which Li Kuen-yii took from me and flung away." " He had me hung up by the thumbs and beat me with a whip. This was about two months ago. I wrote a letter to put in the box but was not allowed to put it in." " One day, al)out 8 days ago (deposition dated March 10), head policeman was Jiunk and wanted to go for me with a large knife. He also struck me with a jumper on the left leg." ■ Head policeman sells opium, and the compound manager knows thereof and benefits by the sale." These statements are corroborated by a petition signed by the representatives of 230 men, which accuses Li of having formed a society (others tell me in conjunc- tion with an interpreter named Kuo), for trading in opium and gin, compelling coolies to join a theatrical company and starting a gambling hell, wherein coolies are forced after every pay day to gamble away their wages, with the result that suicides by opium poisoning are frequent. In corroboration hereof, vide attached affidavit from mine medical officer. Granted that these charges may not all prove to be absolutely accurate, the fact of their having been brought at all constitutes sufficient evidence of very lax compound control, and furnishes a very comprehensive indict- ment against Li Kuei-yii. For reasons above given, I might not be able to have them fully substantiated, but they afford me ample justification for considering Li an undesirable character, and for repatriating him under Section 7 of Ordinance 27 of 1905. As an instance of the system of terrorism in force on this mine, I may cite tlie case of an indentui^ed labourer named Han Wen Jung, 32008, who came to lay a complaint before Captain Cruddas and myself, and was one of the men whom Mr. Harry Johns interviewed in my office, was on his return to the compound hand- cuffed and placed in custody with the knowledge of Witthauer. He was brought before Captain Cruddas on Friday, the 23rd, and was charged by Witthauer with sedition. This charge Captain Cruddas refused to entertain, and directed Witthauer to lay it befoi-c the police at Langlaagte. No charge was laid until Monday, the 26th, at 8.30 p.m., when AN'itthauer wished to charge him with enticing other coolies to refuse to work. In the interval Han was detained in custody in handcufi's. J. W. J.VMIESON, Superintendent. I, Charles Edward Ligertwood, Medical Officer of the Consolidated Lang- laagte Mines, Limited, do make oath and say, as follows : — I am the medical officer in charge of the compound hospital of the Consolidated Langlaagte Mines, Limited. Since July, 1905, the undermentioned Chinese labourers have died in hospital on the dates specified against their numbers, of opium poisoning :- — No. 32061. 8th July, 1905. „ 29201. 6th September, 1905. „ 32045. 25th October, 1905. „ 28979. 5th Ueeemljer, 1905. „ 29375. 12th February, 1906. „ 29923. 18th March. 1906. The following were found dead on the property, their deaths being due to opiuui poisoning : — No. 28G94. 14th November, 1905. „ 28906. 25th January, 1906. „ 28542. 2nd February, 1906. The following are men who have recovered, under my treatment, from the effeets of acute opium poisoning : — Mine No. 1717. Government Passport No. :W069. August 28th, 1905. 624 „ „ „ 29181. September 8th. 1905. 1681 1582 1672 418 This list of recoveries is not complete. :320:i3. September 15th, 1905. 319:34. October 4th, 1905. 32024. November 9th, 1905. 28967. March 5th, 1906. C. E. LiGERTVVOOD. Sworn before me at the Consolidated Langlaagte Mines, Limited, this twenty- seventh day of March, 1906. H. W. Cruddas, Justice of the Peace. No. 53. The earl OF ELGIN to Acting Lieuten.\nt-Governor Sir R. SOLOMON. (Sent 6.50 p.m., April 23, 1906.) Telegram. [Answered by Xo. oG,] 1 have carefully considered your telegram, No. 2, 11th April,* and the opinion of the Chamber of Mines therein reported. It is impossible to await documents by mail. If you consider it necessary please telegraph fuller summary of these views with Mr. Jamiesons conmients on them. We cannot, however, abandon the putting up ot notice in compounds, definitely accepted in Lord Selborne's telegram (No. 2), 30th March,! presumably with Jamiesons concurrence, and announced to Pailia- ment. I nuist ask you to pioceed on general lines of proposals in Lord Selborne's telegram, as only thus can pledges to Parliament be i-edeemed. iou seem to apprehend a sudden demand for repatriation from coolies not of the class which His Majesty's Government desire to assist. It has, however, always been intended — see my telegram, 8th March]; — that scheme should be fully con- trolled and that sufficient time should elapse after the application of any coolie was lodged for full investigation of his case, and only genuine applications granted. Further, any contribution to cost of repatiiation should be strictly in supplement of money in hand or earned during probationary period. I trust all officers concerned will co-operate to carry into effect without delay policy which His Majesty's Government has adopted. No. 54. Governor the EARL OF SELBORNE to the EARL OF ELGIN. (Received 3.37 p.m., April 24, 1906.) Telegram. April 24. No. 1. Referring to my telegram 23rd March, No. 1,§ total number of persons employed in gold mines of the whole Transvaal on 31st March : — White 18,617; coloured 94.277; Chinese 49,922. Xu. m. t No. 38. J No. 18. j No. 28. 3o No. 55. Governor the EARL OF SELBORNE to the EARL OF ELGIN. (Received 3.37 p.m., April 24, 1906.) Telegram. April 24. No. 2. Referring to my telegram 23rd March, No. 2* official returns of white workmen in mines of the Witwatersrand district in month of March show increase of 98. No. 56. Acting Lieuten.\nt-Governor Sir R. SOLOMON to the EARL OF ELGIN. (Received 3.45 p.m., April 25. 1906.) Telegrajvi. April 24. No. 1. Yonr telegram 23rd April.'f The memorandum from Chamber of Mines will reach London by mail of 4th May. Its importance justifies me in telegraphing its most important statements in full to you in separate telegram. % I shall proceed at once in conjunction with Jamieson to frame notice on general lines indicated in Governor's telegram of 30th March, No. 2, §and will telegraph to you its terms for approval. I shall see that the cases of applicants are investigated carefully so that only genuine applications may be granted. You may rely on all officers concerned co-operating to carry into effect policy which His Majesty's Government have adopted, without delay. No. 57. The earl OF ELGIN to Governor the EARL OF SELBORNE. (Sent 6.18 p.m., April 25. 1906.) Telegram. l^Aiistrered by No. 62.] April 25. No. 1. Your telegram of 11th April, No. l.|| I observe that you speak of erecting courts outside the compounds, and I gather that they may still be within the mining premises. This may be unavoidable consistently with one of the objects for which I understand these courts were established, viz., the speedy and satisfactory administration of justice, but if so, I shall be glad to have a statement of the circumstances. I approve of your instructions and concur in your views as to the custody of lock-ups, but it appears to me that detention in lock-ups without any charge being brought is contrary to Section 5 of the Ordinance, and I do not think that any person should be detained in lock-up beyond 24 hours after charge is preferred but if not fried within that period should be removed to ordinary gaol. Please inform me by whom and by what process arrests are made on the mines. I think it desirable, though not absolutely necessary, that amending Ordinance should deal with collective fines, as well as with deduction of fines from wages and lining of head boys for not reporting offences. • No. 2i<. t ,Vo. 53. X No. 58. $ No. :16. , No. 47. 15368 8fi No. 58. Acting Lieutenant-Governor Sir R. SOLOMON to the EARL OF ELGIN. (Received 11.20 p.m., April 26, 1906.) Telegram. April 26. No. 2. The important statements in the Memorandum from the Chamber of Mines referred to in my telegram, No. 1, of 24th April,* are as follows : — The offer to repatriate coolies who repeatedly and earnestly express their wish to return to China before the expiration of their contracts and who, moreover, in most cases would be asked to contribute towards the cost, would appear likely on the face of it to be accepted by a small number actually and sincerely anxious to avail themselves of it. According to Western ideas the offer would be considered upon its merits, but the suspicious Oriental mind may approach the matter from quite another standpoint, and it is conceivable that a large proportion of the coolies, in the belief that refusal upon their part might entail serious consequences to them, may imagine themselves bound to accept an offer made at the instance of His Majesty's Government. It has apparently escaped the attention of His Majesty's Government that a scheme of repatriation has been in successful opei'ation since the coolies first arrived. Under this system 310 coolies have availed themselves of the right to terminate their agreements under Clause 14 of the contract of service and have returned to China. In addition to these the employers have voluntarily, and at their own expense, repatriated 2,619 coolies suffering from physical ills or diseases and 247 as undesirables. Contracts have been entered into by the Chinese labourers with full knowledge of the terms of service and they are legal instruments between them and their employers which His Majesty's Government have sanctioned. The conditions and stipulations which are contained in the contracts received the approval of His Majesty's Government after full discussion and deliberation. The labourers are fully alive to the terms of their agreements and to the responsibilities involved. They will therefore not be able to understand how the Government can, and why the Government should, interfere in the matter. The offer of repatriation may not only produce disastrous and unexpected effects in the Transvaal, but it may also cause prejudicial consequences in China. The offer which His Majesty's Government apparently contemplate making, by which any coolie who repeatedly expresses desire for repatriation and who has neither in whole nor in part available funds to defray the cost should proceed to China at the cost of the Imperial Exchequer, may be interpreted by the labourers as an inducement to evade their responsibility, and in view of the a,stute intelli- gence of the Chinese will undoubtedly result in none of them being prepared to contribute any material portion of the cost. It must be evident to His Majesty's Government that during the pei-iod of probation neither the Government nor the employer will have any practical power to enforce fair and reasonable effort to provide a share of the contemplated outlay on the part of the coolie. Apart from the question of disturbing the labour position it is evident that it would be too sanguine to assume that any scheme of repatriation on the lines suggested can be carried out without very great cost. A further danger which must not be overlooked is that the proposals as outlined in the Secretary of State's despatch will probably place the industrious and well- conducted workman at a disadvantage as compared with the habitual loafer. It has been assumed that the total cost will not exceed £17 10s. per head. Though this sum has been provisionally fixed as the amount repayable by any coolie who desires to terminate his indenture under Clause 14 of the contract of service, it by no means represents the total cost to the industry of each labourer introduced when the capital outlay incurred both in China and in South Africa, losses insepar- able from initiation of large enterprise, travelling expenses to and fro, charges for recruiting, and a number of other items, such as cost of outfit, advances, unpaid * No. 56. 37 balances of allotments of wages, &c., incurred by him, are taken into account. It would require careful investigation to arrive at an accurate statement of cost; but it would undoubtedly greatly exceed the sum referred to. The Executive Committee of the Chamber think it proper to point out that after the Labour Importation Ordinance was passed the Mining Companies expended large sums of money and undertook heavy commitments, and that important vested interests have been created thereby. The expressed desire of His Majesty's Government not to take any action which may have the effect of bringing about an industrial collapse upon the Rand is noted with grateful satisfaction; and that being the ca.se the Committee are emboldened to lay stress upon the deplorable consequences that may result from any general offer of repatriation. There is no reason to believe that the Chinese are dissatisfied with the conditions of their employment or with the manner in which they are treated, but an offer of any such description as that contemplated must prove to many a temptation to repudiate their agreements. If, notwithstanding the recommendations of this memorandum, His Majesty's Government see fit to direct that some communication should be made to the Chinese upon their behalf, the Executive Committee venture to point out that it would be necessary to stipulate when any proposal that may be made shall come into force and for what period its acceptance shall be open to the labourers. Also it may be observed that as it would be the natural inclination of the coolie to contribute as small a proportion as possible towards the cost of his repatriation, any sum fixed by His Majesty's Government as fair should be actually collected before he becomes entitled to repatriation. An entire evasion on the part of coolies might be prevented by a provision of this description. The Executive Council trust that their deliberations upon the question submitted to them may prove of assistance to His Majesty's Government in their consideration of this most serious subject, and in conclusion they beg with the greatest respect to urge upon His Majesty's Government that any step hastily taken without the most .searching investigation as to its probable results mav be fraught with the gravest danger to the industry and commercial interests of the Transvaal. No. 59. The earl OF ELGIN to Governor the EARL OF SELRORNE. (Sent 7 p.m., April 27, 1906.) Telegr.am. \_Ansxcereil bij An. (i.S.J April 27. No. L Question in Parliament on Ist May whether any official information regarding truth of charges of torture and cruelty to Chinese coolies, publicly made against Wilson and Sutherland, compound manager and police officer respectively, on New Kleinfontein Mine. Pleasf telegraph any information you have. I have received letter from F. \V. Johnson offering to give evidence, who says that he has communicated with you and that Attorney-General is making inquiry into his allegations. No. 60. The earl OF ELGIN to Governor the EARL OF SELHORNE. (Sent 7 p.m., April 27, 1906.) Telegram. [Answered by No. (i9.] April 27. No. 2. Referring to your telegram 10th April, No. 1.* Question • No. 46. 3S in Parliament 30th April as tn case of Li Kui Yu. May T reply that he has been repatriated, and Witthauor will be pioseciited, and that abuses at Langlaagte have entirely ceased? I think it very desirable that, it' possible, proceedings should be taken against Witthauer. No. 61. Governor the EARL OF SELBORNE to The EARL OF ELGIN. (Received 7.30 p.m., April 27, 190C.) Telegram. April 27. No. I. The Lieutenant-Governor and I were interviewed to-day by Committee of Chamber of Mines. I am very glad that he transmitted their views to you as he did before taking action or they would have consideied themselves unfairly treated. They ai-e very nervous as to the effects of what they consider leap in the dark, and they have asked me to ask His Majesty's Government whether His Majesty's Government will give white employes, miners, and others, who will lose their employment if many Chinese chose to be repatriated, assistance to i-ettirn to England, The white employes have been to them to ask this question. I informed the Committee that my orders were to post a notice on the subject in the compounds at once and that I should do so next week. T will send you, for your approval, the final diaft of the proposed notice to- morrow or Sunday. It will be signed by the Superintendent of Foreign Labour. No. 62. Governor the EARL OF SELBORNE to The EARL OF ELGIN. (Received n.20 p.m., April 27, 1906.) Telegram. [Answered by No. 7 7. J April 27. No. 2. Your telegiam of 25tli April.* For the speedy and satis- factory administration of justice it is necessary that courts be on the mine premises, which always cover a large aiea of giound and often compiise villages and are always as open to public as the streets of Johannesburg. With j'egaid to lock-ups, under new regulations, which will be issued next week, no person can be received by officer in charge of lock-up except on a definite charge which will be entered on the register. On such charge accused w'ill be brought before Inspector with all convenient speed — it may be within a few hours but in some cases in view of numbei- of mines Inspectors have to inspect, it may be moi-e than twenty-four hours but never more than forty-eight hours. If he were sent to an ordinaiy gaol his period of detention before being brought before a magistrate would certainly not be shorter and in many cases considerably longer. With regard to arrests under the Criminal Procedure Ordinance, 1903, the owner of piemises on which an offence is committed may arrest offender without w-arrant or may authorize another to do so. In cases of offences committed on the mine premises the compoiind manager representing owner authorises an arrest without warrant. These arrests will not be made by Chinese police. For an offence committed off the mine premises only peace officers can ariest with or without warrant as the law directs. • No. 57. No. (jy. Governor the KARL OF SELBORNE to The EARL UE ELULN. (Received 10 p.m., April 27, 1906.) Telegram. April 27. No. 3. Your telegram of 12th April, No. 1.* The large increase in cases of desertion and absentees in January was due to the Chinese New Year' holidays which commenced on 25th January. Many coolies left their mines without permission in oi'der to attend festivities held on other mines and in accordance with the national custom to settle outstanding obligations of the past yeai-. As legards Februaiy leturns no appreciable leduction is presumably due to the fact that several deserters in latter period of January still not apprehended; this leakage is included in returns for succeeding month and consequently helps to swell absentees for February. No. 64. High Commis.sioner the EARL OF SELBORNE to The EARL OF ELGIN. (Received April 28, 1906.) My Lord, Higii Commissioner's Office, Johannesburg, April 9, 1906. >ViTH reference to my despatch of December 11th last.t I have the honour to enclose, for your information, a copy of a return for the period October 1st to December 31st, 1905, on the subject of mortality in the South African Mines. I have, &c., SELBORNE, High Commissioner. • No. 49. t No. 25 in [Cd. 2819] 40 o « d ^ en w a; <; 3" Vi C '/■-, a & H h3 < a O •i 1 a: Black. Total. * *1 1-- CI -* X 3i •-0 -M 01 ce 1 1 1 1 1 1 1 i 1 w ft 1 i| 1 1 g i cc 1- i X o 1 c o If :o ■f CO lit « O — ^ i '^ S CO to > s to c c 1- CO M — t- w - c. K 1 S3 •ft 5; 1 1 1 1 1 1 1 1 1 1 1 1 I 00 TO 1 c 5 iM 5. J. CO « CC -i o « < 41 No. 65. Governor the EARL OF SELBORNE to the EARL OF ELGIN. (Received April 28, 1906.) My Lord. Kimberley, April 9, 1906. I HAVE the honour to acknowledge the receipt of your despatch dated ths 5th January, 1906.* 2. With regard to the question of the decrease of 234 in the number of white labourers employed since the 31st October last, referred to in your despatch, I beg to inform you that this includes decreases of 188 on the Witwatersrand Mines and of 47 in the outside districts, made up as follows: — Witwatersrand Mines : — (a) Decrease at the New Kleinfontein Company's mine ... ... 161 (b) Balance of fluctuations on individual mines ... ... ... 27 Outside Districts : — (c) Decrease at the Klerksdorp Gold and Diamond Company's mine ... ... ... ... ... ... ... 34 {d} Decrease at the Hex River Gold Mining Company's mine ... 12 Total 234 3. With regard to (a), I would refer you to my despatch of the 6th January. t 4. With regard to (c), the Klerksdorp Gold and Diamond Mining Company dismissed these men on the completion of the battery and buildings, the construction work on which they had been engaged. 5. With regard to (d), the Hex River Gold Mining Company have for the present abandoned work, with the result that they ceased to require the services of 12 men. 6. With reference to the question raised in paragraph 3 of your despatch,* it has been found to be difficult to obtain reliable figures from which accurate deduc- tions can be drawn as to the amount of supervision required by Chinese coolies after six months' experience compared with that required by Kaffir labourers. Enquiries made by the Mines Department go to show that in regard to surface employment there is little appreciable difference between the supervision required by Chinese and that necessary for Kaffirs, though the compound and time-keeping staff is larger in the case of Chinese than in the case of Kaffirs. The staff referred to includes interpreters, compound managers, time-keepers, &c., and it is estimated by some managers that this staff' is about three times as large in the case of Chinese. The reason for this appears to be largely due to the fact that as soon as a Chinaman has been in the country long enough to realise his position under the law and the terms of his contract, he displays a considerable amount of ingenuity in endeavouring to do as little work as possible. The extra supervision required for a given number of Chinese under this head will probably amount to about .5 per cent, more white labour. 7. As regards underground work, the inclination of the Chinaman to evade working also necessitates a slightly larger staff of white men for the purpose of supervision than in the case of Kaffirs. I'his is estimated by some managers to be an increase from 65 white men per thousand natives to 68 whites required for the same number of Chinese coolies. • No. 27 in [Cd. 2819]. t No. 51 in [Cd. 2819]. 25368 ' 42 S. It will thus be seen that on the whole the difference in the amount of super- vision required is inconsiderable, although in the case of Chinese theie is a slight increase, especially in regard to the compound and time-keeping work. I have, &c., SEL130RNE, Governor. No. 66. Governor the EARL OF SELBORNE to The EARL OF ELGIN. (Received April 28, 1906.) [Arui leered by A'f. loii.] Mv Lord, Governor's Office, Johannesburg, April 9, 1906. With reference to my telegram of the 17th February, No. 1,* I have the honour to transmit to you the accompanying copies of letters received from the Secretary of the Transvaal Chambci- of Mines, giving the views of the Chamber upon your telegram of the 16th February, No. 2.t I have, &c., SELBORNE, Governor. Enclosuie 1 in No. 66. Transvaal Chamber of Mines to Private Secretary to Governor. Sir, Transvaal Chamber of Mines, Johannesburg, March 3, 1906. I am directed by the Executive Counnittee of the Transvaal Chamber of Mines to acknowledge the receipt of a copy of telegram from His Majesty's Secre- tary of State for the Colonies, No. 2, dated the 16th February, in reference to the despatch of the 22nd January, and tor warded to me on the Itith ultimo. This telegram has received the careful attention of the Executive Committee, and I have been instructed to reply as follows: — 1. The telegram in question is apparently based on two assumptions, namely : — (a) That there is an inconsistency in the figures furnished by the Consulting Engineers in their statement on the gold mining industry presented to Mr. Chamberlain in January, 1903; in the estimates given in the Majority Report of the Transvaal Labour Commission, 19tn November, 1903; and in the figures supplied by the Chamber in its Memorandum of 15th January, 1906. {b) That those in control of the mining industry nave not made sufficient effort to introduce labour-saving appliances into the working of the mines so as in part to make good the deficiency m unskilled labour. 2. In reference to the first point, a fuller examination of the documents submitted and referred to, and of the papers put before the Labour Commission, Will show that though the Chamber did not bind itself xo any definite standard of labour requiiement per stamp, the totals arrived at in regard to present and future requirements were based on the expectation of a continuous period of five years of work under the most, favourable conditions. 3. This period has not yet arrived, but, on the contrary, since the papers in question were prepared and submitted, various questions have arisen tending to keep the mining industry in a condition of incomplete organization. From a comparison of the figures supplied in the various documents, it will be seen that the Chamber's memorandum of 15th January last dealt with only No. 6. t No. 66 in [Cii. 2819]. 43 3,740 stamps, which the mining companies had definitely decided to order; but the memorandum does not tai^e into consideration any possible further extension of stamping power, the limit of which is sketched in the Consulting Engineers" estimate of 11,120 stamps at the end of a period of five years. 4. The papers referred to assumed a total requirement of approximately '20 unskilled labourers per stamp erected, due allowance being made for the require- ments of companies in the developing stage. On this basis the total of 225,000 for 11,120 stamps running was arrived at. 5. I am directed to point out that though there is a scarcity of unskilled labour at present on these fields, and the total number employed is considerably below the actual requirements, the number per stamp to-day is very nearly 19, inchisive of labourers on developing mines. 6. With regard to the statement that no sufficient effort has been made to introduce labour-saving appliances to the working of the mines, I am directed to state that those responsible for the management of the mines have every interest to work to the best advantage economically. To this end they Tiave devoted, and are still devoting, all their energies. They are supported by the services of some of the most highly-qualified mining and mechanical engineers. These engineers have given, and are continuing to give, close attention to the question of mechanical appliances, and they are assisted in their efforts by the various scientific societies here, such as the South African Association of Engineers, the Transvaal Institute of Mechanical Engineers, and the Chemical, Metallurgical and IMining Society of South Africa. These bodies and the public generally have repeatedly been informed that the Mining Industry welcomes any improvement in labour-saving appliances and their application wherever practicable. These statements have been made not only in this Chamber, but at meetings of companies and elsewhere. The mining companies are naturally compelled to adopt every possible labour-saving appliance, even if in some cases the appliances and expedients would not be economical under normal labour conditions. This is obvious, inasmuch as owing to the circumstances attendant upon the unskilled labour supply, the number of labourers obtainable has, with the exception of very short periods, been continuously below requirements ever since the establishment of the industr3^ I have, &c., J. Co\viE. Secretary. To the Private Secretary to His Excellency the Governor of the Transvaal. Enclosure 2 in No. 66. Sir, Transvaal Chamber of Mines, Johannesburg, April 2, 1906. With reference to the Chamber's letter of the 3rd March, I have the honour to transmit, for His Excellency's information, a Memorandum in amplification of the statements contained in the Chamber's communication, bearing upon the use of labour-saving appliances on the mines of the Witwatersrand. I have, &c., J. CowiE, Secretary. The Private Secretary to His Excellency the Governor, Johannesburg. Memor.\ndum on points raised in Secretary of State's telegram of February 16th. 1906, to the Governor of the Transvaal, on the subject of Labour-Saving ,\ppliances used in the Mines of the V.'itwatersrand. The Chamber begs to point out that the mining industry has for many years attracted to its service a large number of admittedly the most capable mining and 2636S F 2 44 mechanical engineers of Europe and America, and that the abilities of these men, working with "full knowledge of the local conditions, have been constantly directed to the improvement and invention of labour-saving appliances. It seems as if His Majesty's Government are unaware either of the extent to which labour-saving appliances are actually used on the mines of the Witwaters- rand or of the local factors and conditions which limit the usefulness of such appliances. A statement on these points is therefore subjoined. The Chamber does not assert that no further extension of labour-saving appliances is contem- plated or is possible — on the contrary some small improvement or other is constantly being made. Rut such improvements may be only applicable to one or to a few mines, as the conditions vary in each mine. In any case, they are not of a nature greatly to alter the demand for unskilled labour. To be effective in diminishing the demand for unskilled labour, a labour-saving invention must have at least two qualities — it must be applicable to all, or. at any rate, to a considerable number of the mines, and it must enable a small number of men with machinery to do what was previouslv done by a large number of unskilled manual labourers. Fortune awaits the inventor of such a contrivance, but the Chamber sees no certain or immediate prospect of it. The following is a brief statement, divested as far as possible of technical language, of the extent to which labour-saving devices are now in general use on the mines of the \\ itwatersrand. The work on the mines may be divided into : (1) Surface work; and (2) Under- ground work. As the latter absorbs by far the greater proportion of unskilled labour required, it is dealt with first. Underground Work. The bulk of the work underground, apart from attending to machinery, blast- ing, and other skilled work, consists of — (a) Drilling; (b) Shovelling; (c) Tramming; and it is estimated that about 90 per cent, of the whole of the unskilled labour underground is employed on one or other of these occupations. (a) Drilling. — This consists in driving into the hard rock of the reef holes (which should be three feet or over in depth) to receive the charges of dynamite which are used to blast the reef out of the surrounding country rock. This is the most important work done by unskilled labourers on the Rand. On the group of mines known as the Rand Mines, Limited, just over 50 per cent, of the unskilled labour underground is employed on drilling. The only way in which labour can be saved in drilling, is by drilling the holes in the rock by machines, instead of by hand. Machines for that purpose, called machine-drills, have been in use on these fields for many years. A machine-drill, apart from white supervision, requires two or three natives per shift to attend to it, or, say, five per day and night. It requires about twenty- five natives drilling by hand to break the same amount of rock as is broken by a machine-drill in that time. The possibility of replacing hand drillers by machine-drills, however, is governed by the conditions of the particular mine in question, and chiefly by the thickness of the gold-bearing reef. The practice of many years, and frequent experiments, have shown that under the local conditions prevailing, the most suit- able and economic machine-drill is that which has a piston about 3;^ inches in diameter, and which, for economical working, must be allowed to drill holes at least 6 feet in depth. These drills are worked by means of compressed air. If these drills are to be used on an economical basis, the least width of the section of rock carried away by blasting may be put at about 4 feet, except in special circumstances. To remove a lesser width, hand drilling is generally necessary. So long as the gold-bearing reef is 4 feet wide, or wider, machine drills may be used with advantage. They save labour, and are little, if at all, more costly than hand 45 drilling. But in the greater part of the mines now working on the Rand, the gold-bearing reef is narrower than this, running from 3 feet down to a few inches. Now, if, in order to extract the gold-bearing reef, say, 2 feet wide, it is necessary to blast out 4 feet of rock, it is obvious that the work to be done in getting out a given quantity of gold is, if not doubled, at any rate greatly increased. The 2-feet section of gold-bearing rock is taken out, but a 2-feet section of absolutely barren rock has to be taken out at the same time. In the process of blastipg, the barren is mixed with the gold-bearing rock. All alike has to be shovelled, tiammed, and hauled to the surface. Except so far as it is possible to throw out the barren rock by sorting — and it must be remembered that this again causes an increase in the amount of manual labour required — there is also a double quantity of rock to be milled and otherwise treated, in order to obtain the same quantity of gold as might have been obtained by treating the 2-feet section of gold-bearing reef alone. It is apparent from the above description that (below a certain width of gold- bearing reef) the narrower the reef the greater the cost of working it by machine- drills instead of by hand-drills. For the least width of section which can be broken by machine drills may be taken, generally speaking, as 4 feet, whereas by hand drilling no more than 2 feet or 2 feet 6 inches need be broken. Generally speaking it may be laid down that it does not pay to use machine drills in any mine or part of a mine where the gold-bearing reef is less than 4 feet wide, and as the reef becomes narrower, a point is soon reached where the use of machine-drills will cause the working of the mines under present conditions to be absolutely unprofitable, becaiise it will involve the working of too great a proportion of the barren rock. As narrow reefs prevail on the Rand formation much more generally than wide ones, there is an obvious limitation to the use of machine-drills. As a matter of fact, machine-drills are at this moment actually used on the Rand, not only in wide reefs where their use is economically justified, and almost universally in drives and other development work, but also in a number of places which are really too narrow for machine-drills, and which would be more economically worked by hand- drills. This is owing to the shortage of unskilled labour available for hand drilling, which has prevailed almost constantly since the start of the industry. But beyond a certain point, this uneconomical use of machine drills cannot be extended. It may pay to use machine-drills if the value of the gold-bearing reef justifies carrying a stope 4 feet wide. Machine-drills may be used, though with a result of greater working costs, if the sloping width is between 3 feet and 4 feet wide. But if it is below this width, the use of machine-drills is impracticable. The tendency of a great many mines on the Rand is to thin reefs and narrower stoping sections. The total number of machine-drills working in the Transvaal on the 31st January last was 1,970. As each drill was stated to be equivalent to 26 un- skilled labourers, this number of drills represents 49,250 men. At 5 natives per drill it required 9,850 natives to assist in tending these day and night. There was, therefore, a saving of 39,400 unskilled labourers effected by the use of machine- drills. (b) Shovelling. — After the section of rock to be taken out is broken by the blast, it has to be got into the trucks which convey it to the bottom of the shaft, whence it is hauled to the surface. This work requires a large quantity of manual labour. Taking the group of mines known as the Rand Mines, approximately 32 per cent, of the total underground unskilled labour of the past year was employed in this way. The material to be dealt with is a mass of fragments of broken and powdered rock lying on the uneven floor of the stopes. To shovel it up by hand is the first necessary step, and no machine has yet been invented which will take the place of manual labour in this respect. Labour-saving devices, however, may be, and are, used, to diminish as far as possible the amount of shovelling to be done. These generally take the form of metal chutes or conveyors, which are raised above the floors, or suspended from the roofs of the stopes. The broken rock is shovelled direct into these, and thence conveyed by gravitation or mechanical agitation to the boxes, which feed it into the trucks. Owing to the great variation in the width, angle and lie of the stopes, and in the points at which trucks are accessible, it is impossible to find a general form of conveyor suitable to all mines. It may be 46 stated that mechanical aids of this kind for the conveyance of broken rock are much more advanced on the Witwatcrsrand than in any other mining region in the world, where it is a question of dealing with narrow stopes. Improvements are no doubt possible in this direction, and arc constantly being made. But nothing has yet been invented to eliminate the necessity of shovelling the broken rock by hand in the first place on to the chutes or conveyors, nnd so long as this is the case, this work must continue to absorb a quantity of unskilled labour. (c) Tramming. — -This term is used for the conveyance of the broken rock in trucks from the numerous stopes of the mine to a point in the shaft whence it can be hauled to the surface. On account of the peculiar conditions which prevail in nearly all the mines of the Witwatcrsrand, namely, the great number of stopes which must be operated at once in any one mine, the comparatively small quantity of rock which it is possible to take from each at one time, and above all, the irregu- larities of the underground tracks by which the trucks are enabled to reach the shaft, it is practically impossible to introduce mechanical traction for this work, except in very few cases. Consequently the trucks have, for the most part, to be pushed by hand along rails laid on the ground (in some cases a mono-rail suspended from the roof is being adopted). This requires a certain amount of unskilled labour; on the Rand Mines group, for instance, 12 per cent, of the unskilled labour working underground, in the past year, was employed in tramming. Comparison cannot be made in this matter with mines like the diamond mines in this country, or with coal mines, where mechanical traction underground can be more extensively used. In such cases, owing to the more regular plans on which the workings can be carried out, a large tonnage can he concentrated at one point, which enables mechanical traction to be introdiiced. This will also be possible to some extent in the very deep mines now being contemplated, where the reef horizon penetrated by the shaft will form a communicating line ^ilong the Irnith of the property, the ore traffic on which will be served by mechanical means. But the tramming in such mines below this level, that is. that of the feeding levels, will most probably have to be done, except in special cases, in the same way as it is at present. With regard to bringing the ore to tho surface after it has reached the shaft, no more perfect automatic devices are used anywhere than on these fields. From this part of the work manual labour is practicallv entirely eliminated, except so far as is necessary for the management and tending of machinery. Surface Work. As regards the handling of ore on the surface, where the peculiar conditions of working which prevail underground, and which to so large an extent prohibit the employment of mechanical devices do not apply, it can be said that in no other mining region has money been spent more lavishly on labour-saving devices than on the Rand. Many new forms of machinery for this purpose have been invented and developed here, and any new methods which have been invented abroad are not long allowed to remain untried on these fields. In other parts of the world, for instance, sorting stations are, with a few exceptions, of the flat-sheet type, in which the ore is shovelled by hand, and the sorting is done on the floor. Here, however, few such stations are to be found, nearly all being supplied with mechanical means for handling the various products, and the only manual work being that which is absolutely unavoidable, namely, that of picking up the pieces of barren rock and dropping them into the waste bin. The ore. as it comes from the mine, is fed by machinery on to the revolving tables or travelling belts, which pass by the sorters at a convenient height, and the manual labour which they have to perform cannot be made less. Again, in many mines elsewhere, the rock going to the mill is transported in trucks'pushed by men, or drawn by locomotives or animals. Here, with the belt conveyor systems, which have been installed in all recent plants, and the automatic haulages of the older ones, the amount of manual labour required is much smaller, and cannot be materially reduced. In fact, in many mines on these fields, the only human labour which can be said to be used for the purpose of helping the ore along 47 in its course to the cyanide plant, is that small portion of unskilled labour repre- sented by the hooking on and taking off of ore trucks from the haulages. This is less than in any colliery in England, even if all the rock on the mines were handled in this way. i^ut in every modern mine on the W'itwatersrand, the reduction works are located close to one of the shafts for the express purpose of reducing even this portion of the labour, and, it can be said of such mines, that the ore from them is not helped forward in its course to the cyanide plant by the extent of one foot- pound of human, or other animal effort. In such cases nothing remains for the mechanical engineer to de but to improve the various machines in the sense of lessening their wear and tear, and thereby reducing the amount of labour necessary to keep them in repair. Again, in the cyanide plants, very large sums have been expended to lessen the amount of unskilled labour required. In the first plants, the sands were shovelled from the settling tanks into trucks, and then trammed to the treatment tanks. In order to save a large portion of this labour, the collecting tanks were placed over the treatment tanks, .so that the tramming between the settling and the treatment tanks could be done away with. There still remained the shovelling from the top to the bottom tank, and thence into the trucks taking the sands to the dump. But, in order to lessen even this small portion of labour, very costly excavating machines, which have only recently been developed in America, are at present being installed on several mines. To sum up, it may be said that on the surface works where there are no irremovable natural obstacles in the way of mechanical labour-saving devices, these have already on all recently-equipped mines, been adopted to the fullest extent. In the case of some of the older mines, which were equipped many years ago, the labour- saving appliances are less perfect, many of them not having been invented at the time the mine was equipped, and, in considering the introduction of fresh machinery on such mines, it is, of course, necessary to take into account the further life of the mine. If the mine has only a few more years before it will be worked out, it can hardly be expected to discard its existing machinery and instal a new plant at the cost of some tens of thousands of pounds, merely in order to be able to dispense with a few score surface labourers. It is, therefore, only in the underground workings that any field remains for labour-saving devices. Here their adoption is at present limited, and. to all appearances, must be so to a great extent permanently, by the peculiar character of the work to be done. Nevertheless, it can be said that to the full extent which is possible, considering the character and conditions of the work, such devices have been adopted in the past, and are constantly being experimented with in the present. They have, indeed, under the pressure of the shortage of labour, been introduced, as in the case of machine-drills, to a much greater extent perhaps than could be justified on purely economical grounds. Transvaal Chamber of Mines, Johannesburg, Aprir2, 1906. No. 67. Governor the EARL OF SELBORNE to the EARL OF ELGIN. (Received 10.25 p.m., April 28, 1906.) Telegram. \_Ant!irir('(/ lii/ Xo. 70.] April 28, A. Following is text of proposed notice. Please inform me whether you approve and for what period you think notice should be open to acceptance of Chinese coolies : — Begins : Notification addressed to Chinese Indentured Labourers on the Witwatersrand Gold Mines. Although when you enlisted in China for the Transvaal you were informed that you were engaging yourselves to work on gold mines and you 48 entered into a Contract to that effect, it has come to ray ears that certain amongst you, not appreciating the conditions under which mining is carried on in this country, are discontented in spirit. There may also be others who, unaccustomed to strenuous manual labour, find themselves on arrival in a position of difficulty. Cases such as these give rise to feelings of compassion. Now you all know that in terms of Clause 14 of your contract any labourer may at any time terminate the contract without assigning any reason on tendering to his em- ployer the expenses incurred in introducing him into the Transvaal together with a sum sufficient to defi-ay the expenditure necessary in returning him. This is a provision ( i you) can all avail yourselves ( ? of) and it cannot be said that you are detained here against your will. Perhaps, however, some of you who are anxious to return may not have earned the wherewithal to enable you to do so. If this be the case, I am willing to receive any statements you may have to make and, after a review of circumstances, to consider whether or not I would be prepared to recommend Government to be generous to you and not to insist on the full payment required from you by your con- tract. An exceptional act of benevolence of this kind ought to com- mand your gratitude. In sending in your petitions, however, you must clearly inform me of the motives which influenced you in the first instance to enlist and now influence you in wishing to return to China, of the amount of monthly wages you earn, of the class of work on which you are engaged, and of the money you have saved. If circum- stances appear to me to warrant it, I will take note of and register the application, but the applicant will thereafter have to make an honest effort, by working on his mine, to earn a contribution towards his expenses. Of such honest effort I will constitute myself the judge and should any fail in this respect his application will be cancelled. On receipt of the applications from the various mines I will carefully weigh each individual case and decide which of them are deserving of the generous consideration of the Government and entitled to this favoured treatment. It must be understood that no one who has not served in the Transvaal for at least six months need apply. For you all know that beginnings are not easy ( ?) and anyone undertaking work partaking of a noved character cannot be in a position to judge whether or not he is fit for it until he has given it a fair trial. The obvious duty of all who desire to return to China is to save money and avail themselves of the provisions of the 14th clause in their con- tract of service. Still force of circumstances may be against some of you, and as you really wish to leave the Transvaal I am willing to consider genuine applications with a view to rendering assistance. I solemnly warn you that any attempt to deceive me by misrepresenta- tions which are punishable by the law of the Transvaal will be dealt with accordingly. And it must further be distinctly borne in mind by all who make application as a result of this notice that if allowed to return to China they will never under any circumstances be allowed to re-enter the Transvaal and that steps will be taken severely to punish anyone who attempts to do so. No. 68. Governor the EARL OF SELBORNE to the EARL OF ELGIN. (Received 1.20 p.m., April 30, 1906.) Telegraai. \_Answered by No. 125.] April 30, A. Matter most urgent. Your telegram. No. 1, 27th April.* An enquiry was, at request of the Acting Lieutenant-Governor, held last month by • No. 59. 49 Buckle, First Civil Magistrate, Johannesburg, into certain charges of flogging coolies of the New Kleinfontein mine. The encjuiry was held on the mine and lasted three days. Johnson was given every opportunity of supporting his charges. All the Chinese coolies were marched past him so that he might identify tho.se he says were flogged. He selected eight. He gave the names of twelve European witnesses to Buckle, who, he said, could corroborate his statements. Eight of these were ex- amined ; the other four could not be traced. The eight examined flatly contradicted Johnson's statements. Of the coolies identified by Johnson as having been beaten five entirely denied having been beaten or having either seen or heard of anyone else being beaten ; the other three contradicted one another. Wilson and Sutherland were also examined and stoutly denied the charges against them; other white em- ployees on the mine were examined and denied that any flogging had taken place. Mr. Buckle in his report says that there is no corroboration worth considering of Johnson's charges of assault, while there is a considerable body of evidence contra- dicting them. He also says that from the demeanour of the coolies who gave evidence before him he is satisfied that they are not terrorised into silence by fear of the compound authorities, and, further, that in his judgment Wilson is not a man likely to be guilty of brutality. Mr. Buckle expressed his opinion, however, that at times too many coolies are put into a lock-up. This, however, is being dealt with by regulation. I am sending you Buckle's full report by mail, and can send you copies of the evidence he took, which is voluminous, if vou wish to have it. No. 69. Governor the EARL OF SELBORNE to the EARL OF ELGIN. (Received 8 p.m., April 30, 1906.) Telegram. [Answered ly No. 76.] April 30, A, No. 2. Your telegram of 27th April, No. 2.* Li Kui Yu was, under order of repatriation, sent to Natal but, by Order of Court, brought back in application against Jamieson of which you have already been advised. He has instituted action against Jamieson for damages for false imprisonment and, of course, cannot be repatriated pending that action. Legal advisers repeat that it will be difficult to obtain sufficient evidence on which to prosecute W itthauer, who has been dismissed. Another Controller has been appointed in his place. Jamieson reports that in consequence state of things at one mine more satis- factory. No. 70. The earl OF ELGIN to Governor the EARL OF SELBORNE. (Sent 3 p.m., May 1, 1906.) Telegram. May 1. No. 1. Your telegram 28th April, A.f I approve terms of notice, and House of Commons has been informed that statement will be made on the subject on Thursday next. In coming to the conclusion not to postpone further this announcement and the issue of notice I have not failed carefully to weigh the views of tlie Chamber of Mines, of which the important statements were communicated to me in Lieutenant-Governor's telegram, No. 2, 26th April.J As regards period during which notice should be open to acceptance, I think that it will lie best to name no date at present, but to be guided by our experience of the efl'ect which notice has. * ^''^- ^0. t No. 67. I No. .58. 25368 50 No. 71. Governor the EARL OF SELBORNE to the EARL OF ELGIN. (Received 7.25 p.m., May 4, 1906.) Telegram. May 4. A. The following bodies have entered serious and earnest protest against action of His Majesty's Government in offering to provide funds for repatriation of Chinese who wish to avail themselves of facilities offered : Transvaal Chamber of Mines, Johannesburg Chamber of Commerce, Johannesburg Chamber of Trade. I have forwarded resolution of Chamber of Mines by last mail and am forward- ing by this mail resolutions of Johannesburg Chamber of Commerce, and the Johannesburg Chamber of Trade. Association of Mine Managers of Johannesburg are .sending deputation to me next week when they will, I understand, hand me resolution in the same sense. No. 72. Governor the EARL OF SELBORNE to The EARL OF ELGIN. (Received May 5, 1906.) My Lord, Governor's Office, Johannesburg, April 16, 1906. With reference to the Acting Lieutenant-Governor's telegram to you of the 11th April, No. 2,* I have the honour to enclose, for your information, a copy of the Chamber of Mines' memorandum on the subject of the detail regulations for carry- ing out the repatriation of those Chinese labourers who are genuinely desirous of returning to their homes. I have, &c., SELBORNE, Governor. Enclosure in No. 72. Transvaal Chamber of Mines, Your Excellency, Johannesburg, April 4, 1906. I have the honour, by direction of the Executive Committee of the Transvaal Chamber of Mines, to submit herewith a memorandum upon certain proposals regarding the suggested repatriation of Chinese labourers at the entire or partial expense of His Majesty's (Government, made in the telegraphic despatch from His Majesty's Secretary of State for the Colonies, under date of March 8th, 1906, t the subject matter of which was discussed at a recent interview between His Excellency Sir Richard Solomon, Acting Lieutenant-Governor, and a deputation from this Chamber. In framing the memorandum the Executive Committee of the Chamber have been actuated by a sincere desire to offer every assistance in their power to His Majesty's Government, but they feel that they would be remiss in their duty if they did not explicitly state that they entertain grave apprehensions as to the conse- quences of any such proposals as those suggested that may be made to the coolies at the instance and on behalf of His Majesty's Government. While the Committee have no reason for thinking that the coolies as a body are in any sense dissatisfied with the conditions of their employment or their treatment, they feel bound to say that any offer to take them back to their native land before the termination of their agreements, either free of expense or at a very modest pro- portion of the cost to themselves, must in the nature of things present to them a very strong temptation. • No. 48. t No. 18. 51 The Executive Committee are of opinion that any offer made to the Chinese for their repatriation, no matter in what form it may be presented, or what conditions may be attached to it, may possibly result in a very considerable exodus of the unskilled labourers, and a consequent serious interference with the mining industry, involving loss and damage to a very large proportion of the inhabitants of the Transvaal, the extent of which it is impossible to gauge. The Committee therefore respectfully desire to record their solemn protest against any proposal of this nature being made to the coolies on behalf of His Majesty's Government, which proposal would in their opinion constitute an inter- ference with private rights, for which there is no justification. I have, &c., J. N. DE JONGH, President. His Excellency The Earl of Selbornc, G.C.M.G., P.C, Governor of the Transvaal, Johannesburg. MEMORANnUM BY THE TrANSV.AAL CHAMBER OF MiNER ON THE REPATRIATION Proposals of His Majesty's Government. 1. The telegraphic despatch from the Secretary of State for the Colonies, dated the 8th March, 1906, states that His Majesty's Government are anxious to avoid anything in the nature of an inducement to the coolies to terminate theii' contracts in largo numbers, and thereby cause a heavy charge to the Imperial funds and an industrial collapse on the Witwatersrand, but they desire that no man who earnestly avows his wish to return to China and can prove that he does not possess the necessary funds shall be detained in South Africa against his will. 2. The Transvaal Chamber of Mines has been requested to make certain pro- IDOsals of a constructive character, to enable the suggested repatriation to be carried out in such a manner as to avert any serious dislocation of the industry. This suggestion has been very fully and carefully considered by the Executive Committee of the Chamber of Mines, but, as result of their delil)erations, they have come to the conclusion that it is impossible to make proposals of a constructive character, for the very cogent reason that there is no means of gauging the effect upon the minds of the Chinese which any proposal made at the instance of His Majesty's Government may produce. The offer to repatriate coolies who earnestly and repeatedly express their wish to return to China before the expiration of their contracts, and who, moreover, would in most cases be asked to contribute towards the cost would, on the face of it, appear likely to he accejited I)v a small number actually and sincerely anxious to avail themselves of it. According to Western ideas the offer would be considered upon its mcj'its, but the suspicious Oriental mind may approach the matter from quite another standpoint, and it is conceivable that a large proportion of the coolies may imagine themselves lx)und to accept an offer made at the instance of His Majesty's Government, in the belief that a refusal upon their part might entail serious consequences to them. At this stage, thei-efoi-c, the Executive Connnittee feel that their best course is to examine the pro]>osals made by His Majesty's Government, and to point out the possible results which might arise from carrying them out, and they do so in no spirit of op])osition, but w-ith a respectful desire to consider the question dispassion- ately, and to render anv assistance in their power. 3. It has apparently escaped the attention of His Majesty's Government that a scheme of repatriation has been in successful operation since the coolies first arrived. Tender this system 310 coolies have availed themselves of the right to terminate their agreements under Clause 14 of the Contract of Service and have returned to China. In addition to these the employers have vohmtarily and at their own expense repatriated 2,619 coolies suffering from physical infirmities or diseases and 247 as undesirables. 25868 6 2 52 4. To carry out the aims expressed in Clause (1) it will be necessary to make known to the Chinese labourers the wishes of His Majesty's Go\ernment, and it appears that this can only l)e carried out in one of the following ways, namely :— (a) By publication of notices in the compounds and elsewhere. (b) By holding meetings of the labourers and laying the offer before them. (c) By sending emissaries among them to convey the necessary notification. (d) By personal notice to each individual labourer. The adoption of any one of these courses must have a disturlnng and disquieting effect, which is bound in itself to lead to a condition of unrest, if not of disorgan- ization. 5. The contracts have been entered into by the Chinese labourers with full knowledge of the terms of service, and they are legal instruments between them and their employers, which have been sanctioned by His Majesty's Government. The conditions and stipulations which arc contained in the contracts were approved by His Majesty's Government after full discussion and delil)eration. 6. The labourers are fully alive to the terms of their agreements, and the responsibilities involved. They will, therefore, not l)e able to understand bow the Government can, and why the Government should, interfere in the matter. Not only may the offer of repatriation produce uisastrous and unexpected eft'ects in the Transvaal, but it may also cause prejudicial consequences in China. 7. Apart from the question as to the number of coolies in general likely to avail themselves of the oft'er of His Majesty's Government, it would seem probable, if not certain, that many of the labourers who have only been a few months in this country, and who are therefore probably still somewhat homesick, would express themselves desirous of being repatriated. INlore particularly might this l)e the case as they would not have yet become accustomed to their new and strange surroxmdings, nor to the work on the mines, which they are at first bound to find somewhat trying. The coolies, upon arrival, after the enforced idleness of a sea voyage of several weeks' duration, are naturally in a soft physical condition. 8. The offer which His Majesty's Government apparently contemplate making, by which any coolie who repeatedly expresses a desire for repatriation and who has, neither in whole nor in part, the available funds to defray the cost, should proceed to China at the cost of the Imperial Exchequer, may be interpreted by the labourers as an inducement to evade their resi)onsibility, and in view of the astute intelligence of the Chinese will undoubtedly result in none of them being prepared to contribute any material portion. It must be evident to His Majesty's Govern- ment that during the period of probation neither the Government nor the employer will have any jiractical power to enforce fair and reasonable effort on the part of the coolie to provide a share of the contemplated outlay. It is evident that, apart from the question of disturbing the labour position, it would be too sanguine to assume that any scheme of repatriation on the lines proposed can be carried out without very great cost. A further danger, which must not be overlooked, is that the proposals as out- lined in the Secretary of State's despatch, will probably place the well conducted and industrious worker at a disadvantage as compared with the habitual loafer. 9. It has been assumed that the total cost of repatriation will not exceed £17 10s. sterling per head. Though this sum has Ijeen provisionally fixed as the amount repayable by any coolie who desires to terminate his indenture, under Clause 14 of the Contract of Service, it by no means represents the total cost to the industry of each labourer introduced, taking into account the capital outlay incurred both in South Africa and in Cnina, losses inseparable from the initiation of a large enterprise, travelling expenses to and fro, charges for recruiting, and a number of other items, such as cost of outfit, advances, unpaid balances of allotments of wages, &c., &c., incurred by him. To arrive at an accurate statement of the cost would require careful investigation, but undoubtedly it would greatly exceed the £17 10s. referred to. 10. The Executive Committee of the Chaml)er think it proper to point out that after the Labour Importation Ordinance was passed, the Mining Companies 53 expended large suras of money, and undertook heav}' commitments, and that thereby important vested interests have been created. 11. The expressed desire of His Majesty's Government not to take any action which may have the effect of bringing about an industrial collapse upon the Wit- watersrand is noted with grateful satisfaction; and that lieing the case, the Com- mittee are emboldened to lay stress upon the deplorable consequences that may result from any general offer of repatriation. There is no reason to believe that the Chinese are dissatisfied either with the conditions of their employment or with the manner in which they are treated; but an offer of any such description as that con- templated must prove a temptation to many to repudiate their agreements. 12. It may be stated, for the information of His Majesty's Government, that the lalwurers themselves are generous in cases where one of their countrymen desires for any good reason to return to China, and in some instances have volun- tarily contributed towards the cost. 13. It is suggested that in the event of a coolie accepting repatriation under any plan which may be brought into operation, he should not be permitted to return to the Transvaal, and that disobedience of this provision should be rendered a penal oft'ence. The Chamber is of o]iinion tliat no useftil purpose would be served by going into details upon this question, Imt would point out that in the event of legislation being passed with that object it would be extremely difficult to carry out in i)ractice. Already many coolies who had returned to China have re-enlisted and are at work on the mines. It would, in the opinion of the Executive Committee, be impossible to convince the coolies that — having accepted any offer which might be made to them and having enjoyed what they would regard as a holiday in China — they would be unable to return to the Transvaal and succeed in evading repayment or punishment. 14. If notwithstanding the recommendations of this memorandum His Majesty's Government see fit to direct that some communication upon their behalf should be made to the Chinese, the Executive Committee venture to point out that it would be necessary to stipulate when any proposal that may be made shall come into force, and for what period its acceptance shall be open to the labourers. It may also iDe observed that as the natural inclination of the coolie w'ould be to contribute as small a proportion as jiossible towards the cost of his repatriation, any sum fixed by His Majesty's Government as fair should be actually collected before he becomes entitled to repatriation. A provision of this description might prevent, if only to a limited degree, an entire evasion on the part of the coolies. 15. The Executive Committee trust that the result of their deliberations upon tlie question submitted to them may prove of assistance to His ^Majesty's Government in their consideration of tkis most serious subject, and in conclusion they beg to urge u])on His Majesty's Government, with the greatest respect, that as they have endeavoured to show in this memorandum, any step hastily taken without the most searching investigation as to its probable results may be fraught with the gravest danger to the industrial and commercial interests of the Transvaal. J. N. DE JOXGH, President. Transvaal Chamber of Mines, Johannesburg, April 4, 1906. No. 73. Governor the EARL OF 8ELB0RNE to The EARL OF ELGIX. (Received 2.59 p.m.. May 5, 1906.) Telegram. May 5. No. 1. Following Resolution received from Pretoria C hamber of Commerce : — Begins : " That this Chamber views with serious apprehension the announce- ment that His Majesty's Government are about to offer financial assistaace to indentured Chinese labourers who desire to leturn to 54 China, and this Chamber, therefore, earnestly appeal to His Majesty's Government to reconsider its decision and to defer any action in con- nection with the Labour Importation Ordinance pending grant of Responsible Government to the Transvaal.'" Ends. No. 74. Governor the EARL OF SELBORNE to The EARL OF ELGIN. (Received 1.23 p.m., May 7, 1906.) Telegram. May 7. No. 1. My telegram of 5th May, No. 1.* Following Resolution received from Town Council, Johannesburg: — Begins : That this Council views with the gravest apprehension announcement that His Majesty's Government propose to offer financial assistance to indentured Chinese labourers to terminate their contracts and return to China, and records its opinion that the conditions under which Chinese labourers are employed do not justify such action, and that by facilitating the sudden exodus from this countiy of a large numbci- of such labourers. His Majesty's Government incur risk of producing an economic collapse which will have the most disastrous conseciuence to the town of Johannesburg and the whole of South Africa. Ends. No. 75. Governor the EARL OF SELBORNE to The EARL OF ELGIN. (Received 8.55 p.m., May 7, 1906.) Telegram. May 7. A. Matter most urgent. Application has been made to Supreme Court, injunction against posting repatriation notices in Chinese compounds. After hearing arguments. Chief Justice said the Court would take a day or two to consider its decision, and, meanwhile, he desired the counsel for the Crown to give an under- taking that the notices would not be posted. The counsel for the Crown gave that undertaking. If it had not been for this the notices would have been posted to- morrow morning. No. 76. The earl OF ELGIN to Governor the EARL OF SELBORNE. (Sent 2.40 p.m., May 5, 1906.) Telegram. \Ansivered by No. 81. J May 5. No. 1. Your telegram, 30th April, A. No. 2.t I attach great import- ance to pi'osecution, "W'itthauer, and rely on you to do all you possibly can in the matter. Prosecution should not be abandoned without every effort being made to obtain sufficient evidence. It has been repeatedly stated on behalf of the Govern- ment that those guilty of assaults upon Chinese coolies would be proceeded against by law, and this case, in which person concerned is said to have admitted his guilt in the presence of witnesses, cannot, it appears to me, be passed over. X<». 7;i t No. C9. No. 77. The earl OF ELGIN to Governor the EARL OF SELBORNE. Sent 12.55 p.m., May 8, 1906.) Telegram. [Ansivered by No. 88.] May 8. No. 1. Your telegram, 27th April, No. 2.* Proposals approved, but I should like further information as to the persons by whom arrests are made on the mines. Would it not be desirable to make these persons peace officers for this speciftc purpose (f No. 78. Governor the EARL OF SELBORNE to The EARL OF ELGIN. (Received 3.56 p.m.. May 8, 1906.) Telegraai. May 8. A. My attention has been called to a newspaper telegram, dated 16th April, stating that the " Tribune " has been publishing statements to the effect that Chinese coolies have attacked five Boer families, fearfully wounding men and ravish- ing tlie women. There has not been a single case of rape committed by a Chinese coolie on any white women. May I ask that allegations published in " Tribune " may be contradicted? No. 79. Governor the EARL OF SELBORNE to The EARL OF ELGIN. (Received 3.45 p.m., May 9, 1906.) Telegram. \^Answere(l by So. 124.] May 9. A. I received a deputation from the Association of Mine Managers, who are in no sense mine owners but the heads of the mining profession, all men of high class, with a considerable mixture of Americans. Iliey came to protesl against the repatriation notices but the language in which they did so was unexcep- tionable. They particularly desired to impress upon His Majesty's Government the disastrous effect which a sudden exodus of coolies would have on white miners and tradesmen. I have already informed you of the steady departure of the white popu- lation of the VVitwatersrand. This deputation informed me they knew of 750 first- class tradesmen who have just left or are on the point of leaving for San Francisco and of 600 othei- families of miners and tradesmen who had booked passages for the United Kingdom. I cannot, of course, vouch for these figures but I have no doubt the deputation believed them to be genuine. I have also received a very strong remonstrance from meeting of miners and other' employes on the Vandyk Mine but I regret to say that I have had to take exception to the language used. They request me to make a definite claim on His Majesty's Government either if action of His Majesty's Government causes them to lose their employment or that they may be repatriated at the expense of His Majesty's Government. As I have reason to believe that the miners are beginning to be seriously alarmed and that I shall have similar representations I thought it right to give you by tele- giam substance of first which has been addressed to me. Similar remonstrances from the miners and other employes on the French Rand and on the Rose Deep Mines have just come in, also a letter signed by a number of carpventers asking to be repatriated as they have been thrown out of employment and are resourcelcss. The wholly undeserved distress caused to the British working men and their families by the creation of this period of depression and the depletion of that population which is rapidly proceeding are alike heartrending. • No. 62. > 56 No. 80. Governor the EARL OF SELBORNE to The EARL OF ELGIN. (Received 1.40 p.m., May 9. 1906.) Telegram. May 9. A. 2. Referring to my telegram of 7th May, A.* Court has given judgment (? that) there is no legal objection to posting of notices. Notices are being posted at once. No. 81. Governor the EARL OF SELBORNE to The EARL OF ELGIN. (Received 5.20 p.m., May 9, 1906.) Telegram. [See No. 141.] May 9. No. 1. Your telegram, 5th May, No. l.f You cannot be more anxious for the pi'osecution of Witthauer than I am. Every effort is still being made to obtain sufficient evidence on which to prosecute. No. 82. Governor the EARL OF SELBORNE to the EARL OF ELGIN. (Received 9.48 p.m., May 12, 1906.) Telegram. [Answered by Ao. S-l.] May 12 A. Matter most urgent. Youi' despatch 23rd March. J Committee appointed by the Acting Lieutenant-Governor to enquire into control over Chinese coolies on mines with a view to preventing desertions and consequent outrages has reported. Copies of report are on their way t© yeu. One recommendation of majority of Committee is that each of the mine pi^emises on wiucu coolies are employed thouid be fenced. Acting Lieutenant-Governor will discuss this recommenaaLion with Chamber of Mines next week. I understand that if It is agreed that fencing is a necessary precaution against desertion you will not object 10 it. In Labour importation Ordinance, 1904, it is an offence for any coolie to go beyond mine premises without a permit. Boundaries of these premises, which, as you know, cover large aieas, are ill-defined, and some coolies go beyond them, thus committing an offence under the Ordinance through ignorance of the boundaries. Effect of fencing will, therefore, only be to prevent breaches of the law as it stands. Sufficient number of gates will be made in tences to provide all reasonable facilities for egress of coolies lawfully leaving premises with permits, while existence of fence should check movements of the small number of bad characters who at present sometimes leave mine premises in the night without permits, and return undetected the same night after committing acts of robbery or violence. These men are not men who are desiring to escape from the conditions of their service on the mine, but, according to the report of Committee, nine-tenths of the so-called desertei-s who commit these outrages are gamblers who have lost money and seek to pay their debts by the proceeds of burglary. The present difficulty arises not from any restrictions on the movements of the coolies, but from the almost total absence of such restrictions, owing to file unfenced condition of the mining properties. If coolies can only pass through gates where watchmen are posted it wall be easy to ascertain in every case whether they have or have not permits, and consequently the right to leave the mine premises. I presume that you agree. Please reply by telegraph as soon as possible. • No. 75 t No. 76. J No. 27. 57 No. 83. Governor the EARL OF SELBORNE to The EARL OF ELGIN. (Received 9 p.m., May 13, 1906.) Telegram. [Answered by No. 124.] May 13. A. Have just received a deputation exclusively composed of working men from the mines delegated to come to I'rctoria to sec me from a mass meeting of 3,000 miners held at Boksburg on the 11th May; also a deputation from meeting of miners held on the Simmer and Jack and Glen Deep Mines. Other bodies of miners were also represented. They expressed great alarm at the possible results of the posters now placarded in Chinese on the mines. They spoke with gieat moderation but they showed the intense anxiety lest the industry should be dislocated and many of them lose their employment. They were all married men and spoke with the most obviously genuine feeling of the possible consequences to their wives and children. I did not, in my reply, deal with the general question of the labour supply on the Witwatersrand but I assured them that the last thing which His Majesty's Government desired in giving effect to the policy which they believed to be right was to cause a dislocation of the industry or to jeopardise the employment of thousands of their fellow countrymen. I am sending reports of the speeches and full copies of the resolution by mail.* The purport of the resolution was as follows : Boksburg resolution protesting against notices as being likely to cause discontent and unrest among Chinese and loss of faith in white jnen's pledges and (?) all alike anticipate widespread distress to South Africa and especially to miners, artisans, and labouring classes from removal of Chinese. Boksburg resolution furthei' asks that question of repatriation or inter- ference with unskilled labour supply may stand over. People themselves who are vitally interested in it can express their wishes through their own representatives. I have received only one resolution in a contrary sense, viz., from the meeting at Pretoria of the Transvaal Independent Labour Party at which 120 members were present. This resolution I am also sending to you by mail.t The delegates who formed the miners' deputation referred fo above stated that Independent Labour Party was a body of very few members, hardly any of whom were miners and consequently directly dependent for their living on unskilled labour supply for the mines. They absolutely repudiated right of Independent Labour Party to speak for the white miners as a class. No. 84. The earl OF ELGIN to Governor the EARL OF SELBORNE. (Sent 5.45 p.m., May 16, 1906.) Telegr.-vm. [Answered by No. 86.] May 16. No. 1. Your telegram, 12th May A.J The proposal for fencing mines as a means of controlling Chinese coolies, with a view lo preventing desertions and consequent outrages, is one which His Majesty's Government cannot accept. No form of fence can, it appears to His Majesty's Government, effectually prevent egress at night of bad characters in manner described in your telegram, and more efficient police control and supervision is the proper remedy. The report not having reached me yet, His Majesty's Government are ignorant of any alternative suggested by the minority of the Commission, or of the reasons on whicli the majority based their recommendation, as well as of other recommendations in the report ; but they are convinced that those in this country who object to the conditions in the contract • See Nos. 11-i and 115 and report of deputation in Appendix No. VIII. f See No. 116. J No. S2. 2.5368 Q 58 which are considered unduly to restrict the liberty of the coolies will strongly oppose the fencing of the promises. His Majesty's Govei-nmcnt therefore hope that you will be able to secure by other means the suppression of outrage and disorder, and to abandon that part of the proposals. No. 85. Governor the EARL OF SELBORNE to The EARL OF ELGIN. (Received 2 p.m., May 17, 1906.) Telegram. May 17. A. Referring to my telegram A., 13th May.* Resolution similar to that adopted Transvaal Independent Labour Party has been received from the Pre- toria Lodge of the South African Operative Masons' Society. Number of persons present at meeting not stated. No. 86. Governor the EARL OF SELBORNE to The EARL OF ELGIN. (Received 4.17 p.m.. May 18, 1906.) Telegram. May 18. A. Your telegram of 16th May fin reply to my telegram of 12th May, A.J In deference to views of His Majesty's Government, the recommendation of the Committee for the fencing of mine properties will not be adopted. Trust that His Majesty's Government will recognise that when I have represented to them that those Chinese coolies enjoy very wide liberty of movement and are subjected to the minimum of restriction, I have accurately stated the case. I propose to report fully to His Majesty's Government in respect of the working of the repatriation notices on Monday, 28th May, when the notices will have been posted just over a fortnight. No. 87. The earl OF ELGIN to Governor the EARL OF SELBORNE. (Sent 6.15 p.m.. May 18, 1906.) Telegram. [Answered ly "No. 02,] May 18. No. 1. Your telegram of 12th April, No. l.§ When may I expect your despatch ? No. 88. Governor the EARL OF SELBORNE to The EARL OF ELGIN. (Received 7.53 p.m.. May 18, 1906.) Telegram. [Answered hy No. 103.] May 18. No. 1. Your telegram of 8th May, No. 1. 1| Compound Manager, as representative of owner, can authorise anyone to arrest a person committing an » No. 83 t No. 84. + No. 82. § No. 50. || No. 77. 59 offence on the mine premises, but he has strict instructions not to give such autho- rity in any case to a Chinese policeman. I do not see any necessity for making every person authorised by Compound Manager to make an arrest a peace officer. It could not be done under the present definition of a police officer in the Criminal Procedure Ordinance, 1903.* I am ascertaining from the Superintendent whether all the arrests on the mine premises could not be made by the police officers who will be in charge of the lock-up, and if so, instructions wull be given to this effect. No. 89. Governor the EARL OF SELBORXE to The EARL OF ELGIX. (Received 7.53 p.m.. May 18, 1906.) Telegrajm. \^Ansicered b>/ Xc 93.] May 18. A. 3. I have been asked by General Botha to send to you the follow- ing telegram from him : — Begins: In view of continuation of Chinese crimes, despite Government efforts to check them, and inflamed feelings and possible disturbance of peace. Delegates from rural population desire to send deputation to Imperial Government to demand protection and repatriation. I respectfully urge Imperial Government to adopt drastic measures to end present intolerable situation, and reassure public so as to render deputation unnecessary. — Louis Both.\. Ends. I am in no way surprised at the terms of this telegram. I have the greatest sympathy with the isolated inhabitants of the Witwatersrand area in this matter, and the present position is an intolerable one for them. The first outbreak of Chinese crime directed against isolated houses was successfully dealt with. The present outbreak, entirely caused by ruined gamblers, is more serious. Owing to the assistance of the Commission, which has reported so fully on the subject, the Superintendent of Foreign Labour, the Lieutenant-Governor, and myself hope to be able to apply a complete cure to this evil also. No. 90. Gov-ERNOR THE EARL OF SELBORNE to The E.UiL OF ELGIN. (Received May 19, 1906.) [Answered by No. 118.] My Lord, Governor's Office, Johannesburg, April 30, 1906. I have the honour to acknowledge the receipt of your Lordship's despatch, dated February 17th, f commenting on my remarks with reference to Mr. Eugenio Bianchini's allegations regarding improper treatment of Chinese labourers on the Witwatersrand Gold Mining Company, Limited, and in reply to state that I have received the fullest assurances from the Company concerned of their willingness to adjust the wages of any coolies aggrieved, in whatever manner the Superintendent of Foreign Labour may direct. The officer, however, finds diffi- culty in interpreting properly Clause 6 of the Contract of Service, a difficulty which is shared with him by the Law Officers of the Crown. The proper legal interpreta- tion of this clause being a matter of the utmost importance, I propose to deal with the conflicting questions it raises in a separate despatch. 2. I am, of course, aware that it is the primary duty of the Inspectors to secure the fair treatment of coolies, and to show that this has been duly realised I would refer your Lordship to Mr. Jamieson's circular letter of instructions to these officers, of which I enclosed a copy in my despatch, of the 4th December, 1905.1 • The Ordinance is printed in [Cd. l.i.55.] f Xo. 5. + Xo. 20 in [Cd. 2810]. 2.5368 H 2 60 3. The stipulation, whereby a minimum of 24 inches drilled is required before any pay is allowed, is one which docs not appear in all piece-work contracts, and I am given to understand that, in cases where coolies have accepted it, considera- tion is invariably had for the nature of the rock drilled. For instance, should a coolie drill 18 inches, a beneficial addition of 6 inches is inserted on his work-ticket, and so on proportionately. Coolies, in whose piece-work agreement there is no such stipulation, are paid in the usual way according to the actual inchage drilled. 4. On the subject of what constitutes a fair day's work, I would refer your Lordship to Enclosure No. 4 in my despatch of June 12th, 1905,* which places on record the ruling of the Acting Superintendent on this point. 5. The disciplinary measure, introduced on certain mines, whereunder con- firmed malingerers in the shaft were made to drill rock on the surface, in return for their daily rations, has, I am informed, been withdrawn. 6. Every effort is being made to place the allotment system on a satisfactory footing. I should prefer to see it done away with entirely, but, inasmuch as the Chinese Government, in the person of the Governor-General of Chihli, His Excel- lency Yuan Shih-k'ai, makes its continuance a sine qua non of further recruiting, I do not see my way to taking action in the matter. 7. As I have repeatedly pointed out, coolies have every opportunity afforded them of approaching the officers of the Foreign Labour Department, and, should they not be given work, or not be paid the correct amount earned by them, it is the duty of the Inspectors to institute searching enquiry. 8. Your Lordship calls for a report as to why coolies at the enquiry held on the 21st September. 1905, were made to kneel down. Mr. Jamieson tenders the following explanation: — " The Right Honourable the Secretiiry of State must be aware that, when dealing with Orientals not versed in European methods of procedure, care must be exercised to see that they conform with the conventional etiquette to which they are accustomed, and a failuic to comply with the canons of which, w^ould be construed as an insult, or at least a grave dere- liction of respect. No native of India would be allowed to appear before a Court wuth shoes on, nor a Sikh without his turban, and in the case of the native of Burma the formalities to be observed are even more exacting. Similarly with the Chinese. Witnesses in Chinese Courts are not made to kneel ; if they were made to do so at the enquiry in question the officer pre- siding committed an error of judgment. But every person against whom a charge is brought must do so, and generally does so of his own accord, in order to show becoming respect to the majesty of the law. It has to be borne in mind that a Court, held by an Inspector on a mine, is completely devoid of anything to differentiate it from an ordinary room, and, as the proceedings are conducted in Chinese it is essential that the prisoners should be made to adhere to the ciistomary Chinese forms, in order to bring home to their minds the fact that they are appearing before a regularly consti- tuted judicial tribunal. Were this not insisted on, a situation w^ould be created analogous to that of a prisoner in a British Court being allowed to srt down and to smoke a pipe in the presence of the presiding Judge." 9. I regret equally w'ith your Lordship that the coolie who w-as struck by the policeman did not obtain redress. The reason for this, as you are already aware, is that the evidence with regard to the case was conflicting. I have, &c., SELBORNE. Governor. See Annexure to this Despatch. 61 Aiinexurc to No. 90. Acting Superintendent, Foreign Labour DepHrtment, to General Manager, Labour Importation Agency, Limited, Johannesburg. SIR, May 1, 1905. I HAVE the honour to acknowledge the receipt of your Circuhir ."iOi of the 2i). \\ No. 89. If No. 54. •• No. 55. 65 No. 97. The EAEL OF ELGIN to Governor the EARL OF SELBORNE. (Sent 2 p.m., May 24, 1906.) Telegram. [Answered by No. lOo.] May 24. No. 1. Question in Parliament on Monday whether total number of unexpired licences for coolies can be stated, and at what date it is expected that all further importation under unexpired licences will have ceased. No. 98. Governor the EARL OF SELBORNE to the EARL OF ELGIN. (Received May 26, 1906.^ My Lord, Governor's Office, Johannesburg, May 7, 1906. I have the honour to forward an answer to the question asked by His Grace the Duke of Marlborough relative to Chinese labour, and forwarded under cover of your Lordship's despatch of March lOfth, 1906.* I have, &c., SELBORNE, Governor. Enclosure in No. 98. Irs Ei- 1 p. ->1 a a 1^ s •-5 9) 3 bo P < O B CO 1 o O November. i o o .January, 190r,. f i 1. (a.) Temporarily re- Nil. Nil. Nil. 1 Nil. Nil. ,50 Nil. Nil. 5 3 Nil. 25 Nil. moved under Section 12, OrJinance 17 of 19(14, with approval of Superintendent. Cb.) Transferred under Nil. Nil. 42 Nil. 2 20 13 10 9 20.S 377 271 12 261 Section 1 1, Ordinance 17 of 1904. 2. Total number sent back to China, 2639. 3. Total number who returned to the Transvaal after repatriation— (a.) Identified. 51 ; (b ) Unidentified (estimate only) ICO. 4. Total coat of above movements and by whom defrayed. The cost of the above movements was defrayed by the Chamber of Mines Labour Importation Agency. Limited, and the employers concerned. Government has no means of ascert;uning the tutal cost of the same. No. 99. Governor the EARL OF SELBORNE to the EARL OF ELGIN. (Received May 26, 1906.) My Lord, Governor's Office, Johannesburg, May 7, 1906. I HAVE the honour, at the request of the Transvaal Chamber ot Mines, to forward to you the accompanying copies of two resolutions passed unanimously at a special general meeting of the Chamber held on the 30th April. I have, &c., SELBORNE, Governor. Enclosure in No. 99. Sm, Transvaal Chamber of Mines, Johannesburg, April 30, 1906. I HAVE the honour, by direction of my Executive Committee, to send you the No. 22. 25S68 66 following copies of resolutions passed unanimously at a special general meeting of the Transvaal Chamber of Mines, held this afternoon: — (1.) Proposed by Mr. Lionel Phillips, and seconded by Comte de Ferrieres :— '• That this meeting, having been informed that, under instructions from His Majesty's Government, notices are to be posted up at the mines employing Chinese labourers, containing proposals to them which would constitute an offer of repatriation, wholly or in part at the expense of His Majesty's Govern- ment, thereby, in the opinion of this Cliamber, violating the rights of private contract, desires to place on record its protest against such action. " (2.) Proposed by Mr. A. Brakhan and seconded by Mr. J. G. Hamil'ton : — " That a copy of the foregoing resolution be sent to His Excellency the Governor of the Transvaal, with a request to transmit it to the Secretary of State for the Colonies." I have, &c., J. CowiE, Secretary. The Private Secretary to His Excellency Earl Selborne, G.C.M G., P.C, Governor of the Transvaal, Johannesburg, No. 100. Governor the EARL OF SELBORNE to the EARL OF ELGIN. (Received May 26, 1906.) My Lord, Governor's Office, Johannesburg, May 7, 1906. I HAVE the honour to transmit to you the accompanying copies of correspond- ence with the Transvaal Farmers' Association on the subject of certain resolutions adopted at a Congress of that body, with regard to the Chinese labourers employed on the Witwatersrand gold mines. I have, &c., SELBORNE, Governor. D" Enclosure 1 in No. 100. Secretary, Farmers' Association, Krugersdorp, to High Commissioner, Johannesburg. Telegram. May 1. Instructed to forward the following resolution of Congress : " That this Congress of the Transvaal Farmers' Association now sitting at Krugersdorp unanimously resolves to immediately telegraph to the High Commissioner requesting to give full and proper protection against the Chinese, inasmuch as our lives and properties are daily becoming more jeopardised, and that His Excellency be further respectfully requested to carry out the instructions with the least possible delay of the Secretary for the Colonies with reference to the repatriation of the Chinese; further, that the employers of Chinese labour be held responsible for any damage done by the Chinese, and lastly, that this Congress request His Excellency the High Commissioner to transmit a copy of this telegram by cable to the Secretary for the Colonies. Enclosure 2 in No. 100. Sir, Government House, Pretoria, May 2, 1906. I AM desired by Lord Selborne to acknowledge the receipt of your telegram of the 1st instant, forwarding certain resolutions adopted at a Congress of the Transvaal Farmers' Association held at Krugersdorp, on matters connected with the employment of Chinese labourers on the Witwatersrand gold mines. 67 Lord Selborne will have an opportunity of expressing his views on these matters on Friday, the 4th instant, when he proposes to receive certain deputations to discuss them. Copies of the resolutions contained in your telegram will be forwarded to the Secretary of State for the Colonies, together with a copy of this reply. Yours, &c., D. 0. Malcolm, Private Secretary. The Secretary, Transvaal Farmers' Association, Krugersdorp. No. 101. Governor the EARL OF SELBORNE to the EARL OF ELGIN. (Received May 26, 1906.) [^Answered hy No. I(i4.] My Lord, Governor's Office, Johannesburg, May 7, 1906. I HAVE the honour to inform you that on the 4th instant I received, together with the Acting Lieutenant-Governor, a deputation introduced by the Head Com- mittee of Het Volk and representative of the Boer population living in the neigh- bourhood of the Witwatersrand. The object of the deputation was to call my attention to the outrages which have been committed by Chinese deserters, or stragglers, from the mines, and to ask for increased protection against the danger which they apprehend from them. I enclose copies of the resolutions presented to me, together with a newspaper report of the speeches made on this occasion, and of my reply to the deputation. 2. I also enclose an advance copy — the only copy so far available* — of the report of the Committee appointed to enquire into the present conditions in regard to the control of Chinese indentured coolies on the mine premises on which they are employed, and to report whether any other arrangements than now existing should l^e made for arresting deserters from the mines by the police aiithorities. You will observe that I have referred to this report in my reply to the deputation : it should for the present be treated as confidential. I have, &c., SELBORNE, Governor. P.S. — I would draw your special attention to the expression of opinion of the Committee that nine-tenths of the absentees, or so-called deserters, are absentees or deserters because they are ruined gamblers; that is, they have not absented themselves or deserted from any cause connected with their employment or treatment on the mines. Enclosure 1 in No. 101. The following Resolution by the IMass Meeting at Heidelberg on the 18th April, 1906. Mayor, Heidelberg, to Military Secret.^ry, Johannesburg. Telegram. April 18, 1906. Mass meeting, Heidelberg and District, Market Square, to-day, 400 present. This resolution, carried unanimously, that this mass meeting of the • Colonial Office Note. — The Report is printed here as received in its final form. <>8 residents of Heidelberg and District view witli alarm and indignation the fact that roving bands of Chinese have almost daily been seen in the hills surrounding Heidel- berg and have even been on boundaries of the municipality. That murderous out- rages have been committed in tlie district ; that neither lives nor property of those in the district are adequately protected by Government and this meeting therefore respectfully requests Government to afford better protection to its subjects. End. Second resolution that a copy of resolution be forwarded to His Excellency the High Commissioner with request to transmit same by cable to Secretary of State for Colonies. Enclosure 2 in No. 101. Heidelberg. Copy of Resolution of Public Meeting held on April 12, 1906. 1. That this meeting views with alarm and indignation the fact that parties of roving Chinamen have almost daily been seen about the district, and at times murderously attacking unprotected and peaceable inhabitants, both male and female, and request that the Government be asked to find more protection for the inhabitants for the prevention of such outrages. This meeting further desires to bring to the notice of the Government the intense feeling of irritation and uneasiness existing in this district in consequence of the outrages committed by Chinamen, and there is a fear, in consequence of such outrages, that unless stringent measures are taken for the protection of the people, the feeling may result in the determination of the people to defend their hearths and homes, and which might lead to serious results. 2. It was resolved unanimously that this resolution be transmitted to His Excellency the High Commissioner, and that a deputation interview His Excellency on the subject. The following gentlemen were appointed a deputation : — His Worship the Mayor, Messrs. Ohlsen, Blyth, de Jager, and F. J. Bezuidenhout. Enclosure 3 in No. 101. Resolution passed at a meeting held at Pretoria on Friday, May 4, 1906. 1. In view of the roaming of Chinese from the mines and the disturbance of the peace, and outrages committed by them on the peaceful country population, and the condition of unrest and terror caused thereby, on account of which some farms have already been vacated, and on others agriculture has been interfered with and life has been made unbearable, this meeting urges the Government with all seriousness to adopt stronger measures to prevent desertion of Chinese from the mines and to capture those roaming about. 2. Seeing that the Chinese are imported exclusively for the benefit of the mines and the country population suffers heavily under the conditions caused by these importations, this meeting is of opinion that all costs in connection with the administrative as well as police measures required for the better protection of the population should be borne by the mines and not by the State Treasury. 3. This meeting considers it imperative that steps should be taken for imme- diate legislation, so that the mines could be held responsible in the Law Courts for damage caused to individuals by Chinese deserters belonging to such mines, and that the mines shall be compelled immediately to repatriate at their own expense such captured Chinese deserters. 4. This meeting is of opinion that it has been sufficiently proved that Chinese labour is detrimental to the interests of the Transvaal, and that no further importa- tion of Chinese should be allowed, and that all hitherto imported Chinese should 69 be repatriated on the expiration of their at present existing contracts. It further expresses its appreciation of the steps taken by the Imperial Government to enable Chinese labourers to be repatriated at once. 5. As this meeting is of opinion that the interests of the country demand that the mining industry shall be developed with all vigour on a sound basis, and as many complaints have been made regarding the present methods of acquiring native labour, it deems it desirable that the Government shall take steps to enquire bow the system of recruiting can be improved upon and how the conditions of native labour on the mines can be bettered. 6. With a view to the great interest which the Transvaal has in the increase of the white population, and with a view further to the sad fact that there are to-day hundreds and thousands of whites in this country without means of existence and without employment, and as this state of affairs is becoming more and more serious, this meeting considers it desirable that genuine attempts ought to be made in order to give white labour on the mines a better chance, and thus solve the question of poor whites as well as strengthening the position of the white popula- tion. This meeting cannot accept that' white labour for the mines is an economic- impossibility, and desires to draw the serious attention of the Government to this- question. 7. This meeting further resolves to submit the above resolutions to His Excel- lency Lord Selborne with a request to forward them to the Secretary of State for ^he Colonies. Louis Botha, Chairman. Iqu. S. Ferreika, Secretary. Enclosure 4 in No. 101. " Thk Star," Johannesburg, Transvaal, Saturday, May 5, 1906. Chinese Labodr. " Hex Volk '" Deputation To Lord Selborne. Pretoria, Friday (Special). — This morning a meeting of delegates from " Het Yolk " branches in the towns along the Eeef met the Head Committee of " Het Volk " and discussed the Chinese question. The proceedings were private. As a result of the Conference the following resolutions were framed for submission to Lord Selborne this afternoon : — [See Enclosure 3.] The Interview. The interview with Lord Selborne took place in a committee-room in the Government Buildings at half-past two. The deputation was composed of the following : — Witwatersrand : Messrs. D. E. Erasmus, D. J. PL Cpperman. and Jan Jacobsz. Heidelberg : Messrs. F. Bezuidenhout and J. de Jager. Klipriver (Krugersdorp) : Messrs. C. L. Neethling, J. van Wyk, E. Du Plessis. Klipriver (Heidelberg) : Messrs. .J. Meyer, P. Du Preez, and G. Mej'er. Standerton : Messrs. Mash and W. Steyn. Krugersdorp : Messrs. Dieperink, M. Edwards, and vS. van Blommestein. Witwatersrand (Germiston) : Messrs. J. J. van Niekerk. C. D. Wentzel : (ElsburgV Messrs. C. H. Mulder and P. Venter: (Benoni) Messrs. J. H. Hcnning and H. J. van der Merwe. Heidelberg (town) : Messrs. A. van Driel, L. ( )hlson, G. K. Bleyth and C. "W. Schultz. Heidelberg (High Veld): Messrs. II. A. Alberts and A. Stockenstroom. Lord Selborne, who was accompanied bj- Sir Richard Solomon and Mr. Malcolm, received the deputation and shook hands with the members individually. The members of the Head Committee present were Messrs. Botha, Smuts, Wolmarans, and Esselen. Mr. Edward Eooth Hcted as interpreter. Mr. Lori.s Botha, in introducing the deputation, said the state of affairs in this country to-day, owing to the wanderings of Chinese deserters, was the cause of that interview, the situation created being so bad that the public had requested the deputation from various parts to come forward and speak to His Excellencv. The delegates were not exclusively represen- tatives of " Het Volk." Mr. Fereeiha, secretary to " Het Volk," then read the resolutions passed at the meeting of " Het Volk " this morning. Views of tuk Deputation. Mr. F. T. Nketiilim; (KrugoTsdorpt expressed the pleasure it gave him to meet the Governor. He then went on to say that the reason he was there was principally because of the attack made J.5S68 K 7Q "by Chinese marauders on the family of Mr. Smit. When tliat took place he called a meeting Jiot only of memliers of " Met Volk," but of the public generally, and the decision come to then was that the Government should be asked to repatriate the Chinese as quickly as possible. No demand was made for the immediate repatriation of the Chinese, and the reason was that they desired earnestly to assist the mining industry as much as possible, and to help the (jovernment as much as they possibly could, lleferring to the particular outrage mentioned, Mr. Neethling said the victim of the outrage applied three times before he was attacked and three times afterwards for arms, but he had not got them yet. Since the Joubert murder there had been no improvement in the control of the Chinese. They were of opinion that sufficient labour for the mines could be obtained in South Africa if proper steps were taken for that purpose. That was why the people felt a particular grievance. These Chinese had been imported for the benefit of one particular section, and to the detriment of a large majority of the population, more especially those who lived in the country. He noted with pleasure that the Britisii Government had taken steps to repatriate the Chinese. There was another serious thing. They did not know what the end of the Natal native troubles might be, but he feared 41 general rising. In such a case he did not fear that the Indian coolies would ally themselves to Kaffirs, V)ut he feared that numerous Chinese coolies would join the natives. They would be satisfied if the Government would see that stronger measures were taken to control the ('hinese. He had heard that even English mine managers in the vicinity of Johannesburg had sent away their wives and families on account of the Chinese danger. The contents of the lesolutions were the honest truth. He hoped that not onlj- good promises would be made to them to-day, but that the promises would also be carried out, so that when they had another national grievance they could come with confidence to His Excellency for redress. Mr. V.VN Blommestein (Krugersdorp) next spoke in English, and said they had decided that the Head Committee should not siibmit these resolutions to His Excellency, but that the delegates should do so, as it had frequently been said that the Head Committee acted in a manner that was not at one with the views of the piiblic. Continuing, he said that the Chinese question was a most difficult question, and it was not their intention to in any way embarrass the hands of the Government or His Excellency's hands. On tlie contrary, they wished to work in harmony with His Excellency and with the mining industry, but they wanted both His Excellency and the mining industry to understand that thej- were expected to work hand in hand with the farming population. He contended that the Chinese were robbers and thieves, iilthough not all of them were. Some of them were as good as men of any other nationality •on the face of the earth. He then referred to the fact that .shopkeepers were not allowed to sell knives to the Chinese, and said that if the Chinese had not been here such laws restricting shopkeepers from selling anything would not have been passed. Such restrictions interfered with the liberty of the subject. The farmers could not leave their houses and their families iilone for a single night, because of the Chinese. Tlie\- themselves were poor and had to do everything to assist their families. They co^ild not always remain at home every night, and the Government could not supply a policeman to every farmer on his farm, and that hindered ill" farmer doing his own duty. Perhaps His Excellency had noticed that during the meetings lield throughout the country, strong speeches had been made and His Excellency might say that the speakers were not justified in doing so, Init if His Excellency had been similarly ■accosted and insulted he would not live in peace and would let his voice be heard, and he hoped that His Excellency had not taken such speeches amiss. He hoped that as a result of the resolutions which they placed before His Excellency that he would find a way to assist the farming population and the mining industry, because they did not wish to ruin the mining indilstry by asking His Excellency or the Imperial Government to repatriate the Chinese at •once, but both were subjects of His Majesty the King, and they needed protection and expected it from the Government, as much as any other siibjccts received. He hoped that His Excellency would be able to find a way open so that both the farming population and the mining industry could be carried on together without the one suffering through the actions of the employees of the other, and so that both could live in harmony and peace, and work here for the prosperity •of the Transvaal. Mr. .J.\n Meyeh. Mr. .T.\N Meyer said the position he had put before His Excellency at Heidelberg had come true. From April, 1905, to March, 1906, he had captui-ed and handed over to the police at Booysens 125 Chinese. One day he captured 40. He proceeded to give details of the assaults committed by Chinese in his neighbourhood. The general feeling of the public from Klip- riversberg to Heidelberg was that they shoiild be protected by their Government. The position had become intolerable and impossible. He knew that the mines had to be exploited, but they would not run the risk of injury to their families for all the gold in the mines. They could not stand it any longer, and they asked His Majesty's Government for adequate protection. Must they remain until they were all murdered. Mr. Oppermax said he never felt so iimomfortable, notwithstanding all the wars he had been through, as he felt since the Chines.^ had come to the country. The Chinese were detrimental to white residents and to the native. He considered it would be better for the Government to look more for the welfare of the community in general, and he pointed out that -what he had said to his people after peace had been concluded had not been fulfilled. He told his people to be nliedient and true, that they were under a Government that would protect them. The Chinese must go out of the country as soon as possible. They must all work together for the purpose of getting labour for the mines. The Government need not fear the •capitalists as they (the Dutch population) would stand by them. Mr. A. Van Driei. (Heidelberg) presented a resolution passed at a meeting of the towns- people of Heidelberg on the 12th of April. He explained that he was not present as a repre- 71 sentative of " Het Volk " or any other organisation, but as the representative of the town and district. A very dangerous feeling had been created by the outrages, and the Government should do all they could to lessen that feeling. Every sensible man must agree that it were- better that the output should be decreased than that an increase should be accomplished by violence and robbery and injury to innocent men. When the war was over they thought they could lay down their arms, but now they found that they had to arm themselves again.st people- imported not by the advice of the majority. Mh. Smtjxs. General J. C. Smut.s next spoke. He said the resolutions were in much milder terms than the speeches made at the meeting in the morning. He referred to the desirability of employing- white labour in the mine.s, and said the countrj- was in a state of wretched poverty. Many whites were out of employment. They wished to see definite and .serious efforts made to relieve- the poor in the country. They wanted the mines to strengthen the position of the white- population in the country, and make it a white man's country. He was sure that it was not true that the white people would not work in the mines. If yellow labour were abolished plenty of whites would be found willing to work in the mines, and the mines as well as the white population would prosper. Mr. A. D. WoLMARANS said the Chinese had been imported in distinct violation of the will of the people. Their lives and property were to-day in greater danger than they were sixty years ago, when they were surrounded by hordes of savages. Sir Arthur Lawley had, on a previous occasion, denied the truth of this, but he (the speaker) believed that it had been proved correct. Thej' considered they were fully entitled to urge the Government to promote immediate legislation remedying all the grie\'ances as set out in the resolutions. The Govern- ment itself was responsible for every murder committed of unprotected people, and therefore should take the necessary steps to protect the people. The Chinese were here only for the benefit of the mines. If the Government gave effect to the resolutions, then it could rely on the strongest support of the people who were now suffering. Advocate Esselen next spoke, and humorously referred to the position of the Chinese, saying, if he might quote the prophet of patience : " In nakedness they come and in nakedness they are going. The late Government has brought them and the present Government is taking them away. Blessed be the name of the present Government."' General Botha. General Botha, who next spoke, said that His Excellency had undoubtedly noticed that their people were sore over the state of affairs, and he expressed the hope that such heart- burning would cease. He asked His Excellency to do all that was necessary to put an end to this feeling of grief and distress and excitement. The hearts of the people were sore. " Let," he concluded, " fhat heart-soreness leave and let it be turned into a glad and contented people." Lord Selborne's Reply. Lord Selborn:e said : I am very pleased to be here to-day with the Lieutenant-Governor to meet you. You have more than a right to come. The subject is of more than sutKcient importance to warrant your coming. Now, a great many points have been made by the different speakers. If I do not deal with all these points, remember it is because I want to keep to the heart of tlie matter, and I want to deal with that alone. Now, two aspects of this question have been dealt with to-day. One is the question whether it was wise or unwise, right or wrong, to import Chinese labour at all. I do not propose to deal with that question to-day, because that question would have remained, even if there had never been a single outrage. What I want to deal with is the question of outrages. Before I come to that, I will only make two or three observations for the purpose of putting what I believe to be the facts on record. First I believe that the prosperity of the agricultural interests and of the mining interests are mutually dependent on each other. The prosperity of one is necessary to the prosperity of the other. The second thing is that there can be no more important question before the people of the Transvaal in the future than the question of the labour supply, and I hope that as soon as the elected Legislature comes into existence the representatives of the people will give their attention to the subject without delay. An Incorrect Assertion. The next point is that it has been stated by more than one speaker that the majority of the Chinese are murderers and thieves. Now, I know that even in your indignation you desire to be just, and, therefore, I want to state in the clearest manner that this is not true. You see and hear of those who do these things, but you do not see and hear of the men who are perfectly quiet and peaceable. We have quite enough anxiety and trouble with the small minority of scoundrels that are contained among the Chinese, and it is not necessary, however unintentionally, to libel a whole mass of perfectly innocent people. A Misai'prehension. Then I want to correct a misapprehension about what are called deserters. The Chinese who are called deserters ought more properly to be called absentees. Very few of them, very few indeed, are men who are fleeing from the mines because they dislike the conditions under 2.5.V)S K 2 72 which they work. They are stragglers. They are men who have outstayed their permit or pass. The great majority of them are ruined gamblers. At first sight you would not see exactly how that might be. I will explain to you. The Chinese as a nation are greatly .addicted to gambling. Men gamble and lose their wages in advance. Men who have lost their wages in advance, if they are bad characters, do not see the fun of remaining to work in order that somebody else may get their wages, and therefore they endeavour to take to the hills, ■or even, more often, go out and commit a crime and come back again to the compound. Now, I only state this in order to put what I call the facts of the case on record. It does noi matter from' what cause these men leave the mine, the question we have to consider to-day is the ■condition of affairs which have been produced by their leaving the mines, and let me say at •once, and I speak for myself and for the Lieutenant-Governor, and the (iovernment, that we feel the deepest sympathy for the farmers whom yoix are representing to-day. " Quite Natuhal." I was asked not to mind the strong speaking. Not only do I not mind it, but I think it is quite natural under the circumstances. I ask you to believe that I have been deeply distressed at the burden and anxiety that I know this matter has been to the farmers, living on isolated farms, and storekeepers living at isolated stores, within a few miles of the Wit- watersrand. I know, I can see and feel the terrible anxiety and apprehension to women and ■children, and I know how a man must feel for his women folk. I think the farmers have ■shown great consideration to the Government in this matter. I think they have recognised our difhculties, and do not mean to press us beyond what they believe to be reasonable. So you see that I do enter into your feelings, and I ask you to believe that this matter has caused me