Compensation. Powers. communicate to Parliament, beforehand, the names of persons intended to be appointed, with a view to invite discussion upon the choice of the crown, although the government sometimes deem it expedient to take this course.d In the case of a statutory commission, while it is discretionary with the government to give or to withhold from Parliament the names of intended commissioners, it is not unusual to submit them for parliamentary approval, with a view to create a good understanding between the crown and Parliament in the settlement of a particular question. Thus, in 1831, before the passing of the first Reform Act, after an ineffectual attempt to obtain the sanction of Parliament to a Bill containing the names of the Boundary Commissioners, ministers themselves assumed the responsibility of appointing the individuals proposed. In 1867 the names of the intended Boundary Commissioners, under the new Reform Act, were submitted to the House of Commons, agreed to, and inserted in the Bill.f The services of persons appointed as members of a royal commission are generally rendered gratuitously; although compensation is occasionally allowed for their time and labour. Actual expenses incurred are, of course, defrayed out of the public funds." It is customary for a royal commission not only to take evidence, but also to receive written communications from competent persons who may be willing to address them on the subject-matter of their enquiry. They are at liberty, moreover, when it may be necessary for the furtherance of their investigations, to institute and conduct experiments for the purpose of testing the accuracy of particular theories, or the utility of inventions, &c. But unless expressly empowered by act of parliament, no commission can compel the production of documents, or Hans. Deb. vol. clxxxvii. p. 1489. e Ibid. vol. clxxxviii. p. 430. 1940; vol. clxxxviii. pp. 176, 270, 522. * Commons' Papers, 1856, vol. xxxviii. p. 395. Ibid. 1859, vol. xv. p. 561; ibid. 1867, vol. xl. p. 361. h powers. the giving of evidence, or can administer an oath. It Comwas, indeed, provided by a statute, passed in 1851, that pulsory any commissioner,' &c., now or hereafter having by law, or by consent of parties, 'authority to hear, receive, and examine evidence,' shall be 'empowered to administer an oath to all such witnesses as are legally called before' him. But this Act would seem to refer to commissioners appointed by the courts of law, or acting under statutable authority, and not to extend to those whose appointments proceed direct from the crown. Upon certain occasions the crown has undoubtedly claimed the right to confer upon commissioners appointed by prerogative 'full power and authority, when the same shall appear to be requisite, to administer an oath or oaths to any person whomsoever to be examined' before them. It is extremely doubtful, however, whether this is not an unlawful assumption of power.' Such a clause is, in fact, but rarely inserted in Cox, Brit. Commonwealth, p. 251. Toulmin Smith, p. 202. Law Magazine, vol. xv. p. 85. Toulmin Smith, p. 188. 14 & 15 Vict. c. 99, sec. 16. But see the decision on this clause, in Reg. v. Hallett, 2 Denison C. C. 237. In Canada, ever since 1846, the Governor in Council has been empowered (by Act 9 Vict. c. 38) -when he deems it expedient to cause enquiry to be made into any matter connected with the good government of the province, the conduct of public business, or the administration of justice therein, to confer upon the commissioners compulsory powers, in the summoning of witnesses, the production of documents, and the taking evidence upon oath, in order to the full investigation of the matter referred to them. (Consol. Stats. Can. p. 185.) No formal complaint having been made of the abuse of these powers, in 1868, after the union of the British North American provinces, this provision was re-enacted, and extended to the whole dominion, by Act 31 VOL. II. Vict. c. 38. But see Mr. T. K. Ram- For example: The Navy (Dock- 1 See Lord Campbell, Hans. Deb. vol. lxv. p. 491. Stat. 5 & 6 Will. IV. c. 62, sec. 13. Smith, Parl. Rememb. 1857-8, pp. 21, 51. Ibid. 1865, p. 43. See the case stated in regard to compulsory powers to commissions appointed under the authority of the crown in India, Hans. Deb. vol. cxci. p. 1223; and Act 31 & 32 Vict. c. 63, to enable commisA A Extraor dinary powers. Trades' a royal commission; and the want of compulsory powers has seldom prevented a commission from obtaining full and impartial information upon the subject-matter of their enquiry. On the other hand, there have been frequent instances of the interposition of Parliament, to confer upon royal commissioners, in certain cases, additional powers, and to authorise the appointment of commissions with extraordinary powers." m Thus, on February 8, 1867, Mr. Walpole (the Home Secretary) obtained leave to bring in a bill to facilitate the proceedings of a Royal Commission appointed to make enquiry respecting Trades' Unions, &c., by conferring upon it certain extraordinary powers, for the purpose of investigating into a recent outrage perpetrated at Sheffield, the perpetrators of which the government, notwithstanding repeated attempts, had been unable to discover. These powers were to enable the commissioners to compel the production of documents, to enforce the attendance of witnesses, to take evidence upon oath, to punish persons guilty of contempt, and to indemnify witnesses from the penalties which might otherwise attach to them for illegal acts which they had committed, on condition of their making full and complete confession of the same. After considerable debate this Bill was agreed to, and became law. It also contained a provision empowering the Secretary of State, on application from the Commissioners, to appoint certain qualified persons as examiners, to assist in taking evidence in regard to the Sheffield outrage. But all enquiries under the Act were directed to be conducted in public, and after due notice." Before the close of the session, the government deemed it incumbent upon them to apply to Parliament for an extension of the powers conferred by the aforesaid Act; with a view to enable the Secretary of State, upon application of the commissioners, to authorise similar investigations to be instituted at other places. Accordingly an Act was passed for this purpose." The authority of Parliament has also been invoked to extend the operation and functions of a commission sioners appointed by the Governor- For example, see Stat. 1 & 2 Geo. 37, sec. 165; 17 & 18 Vict. c. 117; 30 & 31 Vict. c. 104. n 30 Vict. c. 8; Hans. Deb. vol. clxxxv. pp. 179-189, 994; vol. clxxxvi. p. 271. • Ibid. vol. clxxxviii. p. 1398. Act 30 & 31 Vict. c. 74. originally appointed by the crown, as the following example will show : During the Crimean war, in 1854-5, large sums of money were Patriotic raised by private benevolence and public subscription, for the relief Fund. and succour of the families of soldiers and seamen who fell in that war; and for the education and training of their orphan children. For the better administration of this' Patriotic Fund,' it was deemed expedient to appoint a Royal Commission, on October 7, 1854, to take charge of and appropriate the same, for the purpose hereinbefore mentioned.P In 1866, after all the legitimate claims upon this fund had been provided for, and a large surplus still remaining, it became necessary to apply to Parliament for authority to expend this money for other purposes, of a like nature, in connection with the army and navy. Whereupon an Act was passed, making the fund permanently available: (1) for the purpose for which it was originally collected; (2) for the education, training, and advancement of children of soldiers, seamen, or marines, who had lost, or might hereafter lose their lives in battle, &c., in any other war; and (3) to defray the salaries of a secretary and clerks, to whom might be awarded suitable retiring allowances, 'the same, with other expenses, to be paid out of the Patriotic Fund.'r In 1867, another Act was passed, confirming the previous disposition of the Patriotic Fund, and authorising its extension so as to confer similar benefits upon the children of any soldiers or seamen, &c., who had died, or may hereafter die, while in the service of the crown. Also providing for the appointment of official trustees in whom the property of the Fund might be vested; and for a regular audit of the accounts of moneys expended." pro Within the limits of their prescribed functions, and Internal subject to the provisions of any act of parliament defining ceedings. the same, royal commissions have the absolute power of regulating the proceedings of their own tribunal, and of admitting or excluding what persons they please' from attendance during their sittings. But it must be understood that they are liable to have their proceedings questioned in either House of Parliament.* All the expenses attending a Royal Commission are For a copy of the commission, and of the First and Second Reports of the Commissioners, see Commons' Papers, 1857-8, vol. xix. p. 557. Hans. Deb. vol. clxxxiii. p. 1684. Act 29 & 30 Vict. c. 120. Act 30 & 31 Vict. c. 98; Hans. * Hans. Deb. vol. clxxxviii. p. 1437. Expenses. defrayed by the Treasury, out of moneys annually voted by Parliament for such purposes." But it is not usual for commissioners to incur any extraordinary expenditure without the previous sanction of the Home Office, by whom the application would naturally be referred to the Treasury. Secretary. The expenses attending certain permanent public commissions form a very considerable item in the Civil Service estimates. It has been a growing opinion for several years that these ought not to be a public charge, but that the offices in question, so long as it may be necessary that they should continue in operation, should be self-supporting. On April 24, 1868, on motion of an independent member, it was resolved, by the House of Commons, that the expenses of the Copyhold, Inclosure, and Tithe Commission, Inclosure and Drainage Acts, and Charity Commission ought not to be borne by the public. The Resolution was only carried by a majority of one, ministers voting against it, although the government would have readily asserted to it, if the word 'entirely' had been added before the word 'borne.' w As a check upon the proceedings of commissions, in pecuniary matters, it is required that the secretary, even of a statutory commission, should be appointed either by or with the direct approval of the executive government. He is often nominated in the commission itself. Unless special qualifications occasion another choice, it is not uncommon to select the secretary of a commission from amongst the subordinate officers of the Treasury.* A Royal Commission continues in existence until it has completed its labours, unless its duration be expressly limited by the terms of the Letters Patent or Act of Parliament, under which it was appointed; or unless it |