’Now, I say that the Government could not contract with the Company at a higher figure than is above set forth.  The measure of authority granted to the Government is set forth in the Volksraad besluit which I have read, and the Government could not exceed its authority.  Second, the defendant Company makes allegations which are tantamount to fraudulent dealing on the part of the agents of the State.  But it will be said that it is the State which sues, and that it cannot be heard to avail itself of the wrongful acts of its agents.  In this matter, however, it is the State Secretary who sues on behalf of the State.  The State is not bound in any event by the acts of individual members of the Government.  It was the Government which was entrusted with a power of attorney on behalf of the State.’

This doctrine, so fatal to concessionaires and their methods, led to the following interesting colloquy:—­

Mr. Justice JORISSEN:  Do you persist in this exception, Mr. Esselen?

Mr. ESSELEN:  Certainly I do.

Mr. Justice JORISSEN:  You have been very fortunate in succeeding on two exceptions.  Without pressing you in the least, I am inclined to suggest that you withdraw this exception.

Mr. ESSELEN:  I cannot possibly withdraw it, but I am willing to allow it to stand as a special plea and to argue it at a later stage.

Mr. Justice JORISSEN:  As I said, I don’t wish to press you, but it seems to me that this is a very dangerous question.

Mr. ESSELEN:  It is a very important question.

Mr. Justice JORISSEN:  It is not only an important but a perilous question.

In an amended plea filed by the Selati Railway Company they give the names of persons to whom the Company had to pay certain sums of money or give presents—­in other words, bribes—­in order to obtain the Selati contract.  The following are the names filed by Baron Eugene Oppenheim:—­To W.E.  Bok, then member and minute keeper of the Executive Council, on August 12, 1890, in cash L50; the late N.J.  Smit, sen., then Vice-president of the South African Republic, and member of the Executive Council, on August 12, 1890, in cash, L500; F.C.  Eloff, son-in-law of the President and then Private Secretary to his Honour, on August 12, L50 in cash.  By De Jongh and Stegmann, on behalf of Baron Oppenheim, to C. van Boeschoten, then Secretary of the Volksraad, on October 6, 1893, in cash, L100.  By B.J.  Vorster, jun., one of the concessionaires, on behalf of Eugene Oppenheim, on or about August, 1890, the following:  To Jan du Plessis de Beer, member of the Volksraad for Waterberg, L100; Schalk W. Burger, member of the Volksraad for Lydenburg, now member of the Executive Council, L100; P.L.  Bezuidenhout, member of the Volksraad for Potchefstroom, L100; J. Van der Merwe, member of the Volksraad for Lydenburg, L100; A.A.  Stoop, member of the Volksraad for Wakkerstroom, L50; F.G.H.  Wolmarans, member of