262 DOMINION CONTROL OF THE PROVINCES.
west; nor to within fifteen miles of Latitude 49, and in the
establishment of any New Province in the North West
Territory provision shall be made for continuing such prohibi-
tion after such establishment until the expiration of the said
period.”
The Dominion Government up to the present year has
maintained the policy embodied in this contract and has
disallowed all provincial Acts incorporating railways for-
bidden to be constructed by the above clause.
Notwithstanding the disallowing of a recent Railway Act
the Government of Manitoba proceeded with the construction
of a railway, and thereupon the Minister of Justice obtained
an injunction against the contractor and the Railway Com-
pany practically prohibiting the construction of the line.
During the dispute the Manitoba Government petitioned the
Queen in Council, urging that a provincial bill ought not to
be vetoed so long as it was within the competence of the
provincial Legislature. It may be pointed out, that any
interference by the Crown with the veto of the Governor-
General, exercised on the advice of his responsible advisers,
would be distinctly “ unconstitutional” and at variance with
the principle of ministerial responsibility.
Negotiations, not yet completed, have resulted in an
understanding between the Dominion, the Province, and
the Pacific Railway Company, by which the Company are
to surrender the monopoly in consideration of a money
payment.
Provincial ~~ As regards the provincial administration the appoint-
So ment of the Lieutenant-Governor and the Judges is in the
hands of the Governor-General in Council. The Lieutenant-
Governor is therefore a Dominion and not a provincial officer
and that he is responsible to the Dominion Government for
his acts was clearly shewn in the Letellier case', when the
+ Ante, p. 178.