CHAP, VII] THE UPPER HOUSES 567 
Commons. The papers were laid before the Transvaal 
Legislature and considered by a Joint Committee of the two 
Houses, who reported that the law officers were of opinion 
that the view of the President of the Legislative Council was 
correct, and that the Bill was in effect a Money Bill, and under 
the letters patent could not be altered by the Legislative 
Council. They based their decision on the precise wording 
of the letters patent and not on the practice in the Imperial 
Parliament, which, as appeared from the letter of the Clerk of 
the House of Commons, would not have placed these Bills in 
the category of Bills to be treated as Money Bills. The Joint 
Committee did not advise that any action should be taken, 
in view of the fact that the Union was imminent, and that 
no useful purpose could have been served by any action, but 
they expressed clearly the view that the Upper House 
should have power to amend non-appropriation clauses in 
every case, even if they were introduced into Bills which 
dealt incidentally with appropriation. This solution was in 
accordance with the view of the President, who had held 
that though the Bill could not legally be amended still it 
was improper for the Government to introduce Bills con- 
taining incidentally appropriation clauses, and thus prevent- 
ing any alteration of non-financial matters by the Upper 
House. It was also in general, but not absolutely, in 
accordance with the practice of the Imperial Parliament, and 
it may be compared with the law officers’ opinion in 1863 
regarding New Zealand, and s. 60 of the South Africa Act. 
It should be noted that no difference has ever been made 
between nominee Houses capable of being swamped and 
Houses not so capable. The Secretary of State in 1855 said 
that Canada had adopted the British system,! and this 
remains true of the limited Senate of the Federation, and 
Natal and Nova Scotia also were cases of limited nominee 
Upper Houses. 
In 1909 and in 1910 minor questions have arisen in the 
case of New Zealand as to the position of the Council. In 
Y Constitution and Government of New Zealand, p. 194. See also Parl. 
Pap., H, C. 194, 1890, p. 9.