to their polling stations after the August 15 hurricane so the Independence referendum could be held the next day.

Cabinet Secretary Mr. Leopold Mills confirmed the Governor stepped into the referendum debacle, as he testified yesterday at the opening day of a Commission of Inquiry into the 24-hour postponement.

After making an "administrative decision'' that he conceded had no basis in law, Mr. Mills had gone on radio early on August 15 to say the referendum could not proceed due to the weather conditions.

Under the Parliamentary Election Act 1978, the referendum could only be legally postponed by 24 hours if returning officers first opened their polling stations and then adjourned the vote for one day.

But Mr. Mills said he did not feel it was safe for returning officers to venture out. And he said parts of the Island were impassable.

However, at about 9.20 a.m. on August 15, Mr. Mills said he received "a telephone call at home from the Deputy Governor (Mr. Peter Willis) summoning me to Government House right away,'' Mr. Mills told the commission.

"The Governor wished to see the best way forward to translate the will of Parliament into action,'' said Mr. Willis, who testified yesterday.

When Mr. Mills arrived, Lord Waddington said he had received telephone calls from several people, including Opposition Leader Mr. Frederick Wade, and Mr.

Michael Collier, who is a returning officer as well as the president of the Bank of Butterfield.

Mr. Mills said the Governor "was very concerned about the constitutional implications of the delay'', Mr. Mills said.

Governor's role "For example, what effect the delay might have on the counting of votes'' as some ballots had been cast in advance polls, Mr. Mills said.

Lord Waddington was "asking whether in fact it might be possible to carry on.'' Attorney General Mr. Elliott Mottley soon joined the meeting, Mr. Mills said.

"It was felt that as the weather conditions were beginning to moderate to some extent and also given that one of the Governor's concerns was that a way should be found to bring this under the law ... some attempt should be made to try to open the polling stations if that was at all possible.'' Mr. Mills said he telephoned Parliamentary Registrar Mrs. Marlene Christopher from the Governor's office and passed that message on to her.

Mrs. Christopher testified she began telephoning and rounding up returning officers.

They were told not to open and close the polling stations, she said, but to open polling stations and make a decision whether the vote could proceed. In each case, returning officers opted to delay the vote until 10 a.m. the next morning.