Subject: Collections
and expenditure - Procedure to be followed.
Will
you please instruct your departmental officers and officers of your sub-departments,
and other collecting officers, including industrial undertakings to
(1) Refrain from
meeting any Governmental expenditure by the drawing of cheques until
further advised.
(2) Hold all moneys collected coming under their control until forwarded
as mentioned here under.
(3) Under no circumstances to pay receipts into any bank.
(4) All collections to be made in cash or, if in any case it is necessary
to take a cheque, such cheque must be cashed, if practicable, or, if
the cheque or cheques cannot be cashed, such cheques must be "bearer"
cheques made payable to "cash" or to a number, and crossed.
Cheques with specific crossings must not be accepted.
On no account must a cheque be officially marked either by stamp or
otherwise.
(5) All cash and cheques collected to be delivered to the Treasury,
either direct or to the departmental head office. Banks must not be
used for this purpose, but safe and suitable arrangements should be
made for forwarding cash and cheques to the Treasury. For this purpose,
it is suggested that it may be possible to use the organisation of the
railways.
For the information of the departments, it might be stated that value
envelopes may be obtained from the railway stations, and, where the
money is remitted through the railways, such envelopes containing the
remittances should be addressed to the head office of the department
or to the Treasury, full details of the collections to accompany the
remittances. The Transport Commissioners have undertaken to facilitate
arrangements through their organisation for the remittance of cash to
the Treasury.
(6) Immediate action in this connexion is necessary.
C. B. Chapman
Under-Secretary.
____________________________

CIRCULAR
Premier's Department,
Sydney, 10th May 1932.
SUBJECT: Collection
and ExpenditureProcedure to be followed.
REFERENCE: Treasury Circular letter of 12th April 1932.
I am to inform you that this matter was considered by Cabinet yesterday
and the following decision was approved, viz:
That as forced labour without payment by the Authority who would use such
forced labour or in other words, slavery, has been abolished in the British
Empire for over 100 years, and as the first charge on revenue in every
civilised community is the payment of those who collect the revenue for
the Government, it is the decision of Cabinet, for the guidance of, and
as an instruction to, all servants of the State and of State Statutory
Bodies, in order that the essential and social services of the State of
New South Wales may be carried on, that the method of collecting revenue
and paying same shall be as outlined in the Treasury Circular of 13th
April, Subject: Collections and ExpenditureProcedure to be
followed"and shall continue directed by Treasury Circular under
Government instruction from time to time.
C. H. HAY
Undersecretary Government House, on this day 12th May
____________________________
Dear Mr. Lang,
I have received the copy of the circular for which I asked you. It appears
to me that the terms of this circular direct public servants to commit
a direct breach of the law as set out in proclamation No. 42 of 1932,
published in the Commonwealth of Australia Gazette of 5th May, and the
notice issued in accordance with the last paragraph of that proclamation
and published in the Commonwealth of Australia Gazette of the 6th May.
I feel it my bounden duty to remind you at once that you derive your authority
from His Majesty, through me, and that I cannot possibly allow the Crown
to be placed in the position of breaking the law of the land.
I must ask you, therefore, either to furnish me with proof that the instructions
in the circular are within the law, or, alternatively to withdraw the
circular at once.
I do not wish to press you unduly, but the matter appears to me to be
of an urgency which admits of no delay, and I must ask for a definite
reply by 11 a.m., tomorrow, 13th May.
PHILIP GAME
Governor
____________________________

Premier's Department,
13th May 1932
Dear Sir Philip,
I received your letter of the 12th instant at 6 p.m., and must say that
it is hard to understand how you do not wish to press unduly and yet insist
on a definite reply by 11 a.m., on the 13th instant.
The circular of which you do not appear to approve represents the decision
of Cabinet, and no doubt was arrived at after consideration of the primary
duties of maintaining the essential and social services of the State.
The only reply you can be given is that the circular cannot possibly be
withdrawn.
JOHN
T. LANG
Premier
____________________________

Government House,
13th May
Dear Mr. Lang,
I have just received
your letter of to day's date. I gather from it that you do not dispute
my view that the circular in question is a breach of the Federal law.
You will, I am sure, realise that I cannot allow the matter to rest
where it is. Before considering what further action I may feel bound
to take I should prefer to discuss the whole position with you. I shall
be available at any time today convenient to you.
PHILIP
GAME
Governor
____________________________

Government
House, 13th May
Dear Mr. Lang,
At our interview this afternoon you requested me to communicate my views
by letter.
The position as I see it is that Ministers are committing a breach of
the law. While you did not admit this, you did not deny it. Your case,
as I understand it, is that Ministers are determined on their action
in order to carry on the essential services of the State.
Into the aspect of justification it is not, as I conceive it, my province
to inquire. My position is that if my Ministers are unable to carry
on essential services without breaking the law my plain duty is to endeavour
to obtain Ministers who feel able to do so.
As I have already pointed out to you in my letter of 12th instant, it
is impossible for me to put the Crown in the position of being a party
to illegal action.
If Ministers are not prepared to abide by the law then I must state
without any hesitation that it is their bounden duty, under the law
and practice of the Constitution, to tender their resignations.
I await an early reply, as I am sure you will agree that the present
position cannot be allowed to extend over the weekend.
PHILIP GAME
Governor
____________________________
Premier's Department,
Sydney, 13th May, 1932
Dear Sir Philip,
If your letter of today's date means that you are requesting the resignations
of Ministers, you are hereby informed that your request is refused.
As to other matters mentioned in your letter, you are referred to my previous
letter to you of today.
Yours
faithfully,
JOHN T. LANG
Premier
____________________________

Government
House, 13th May, 1932
Dear Mr. Lang,
Your letter informing me that Ministers are not prepared to tender their
resignations has just reached me. In view of this and of your refusal
to withdraw the circular, I feel it my bounden duty to inform you that
I cannot retain my present Ministers in office, and that I am seeking
other advisers. I must ask you to regard this as final.
PHILIP GAME,
Governor
____________________________

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