248 THE EXECUTIVE GOVERNMENT [PART II 
doing extra work during a vacancy in the bench : this 
action was attacked in the Assembly, but the Opposition 
failed to carry the motion of censure : it is clear, however, 
that the act was illegal! In the case of Western Australia 
the same Governor, in 1909, was forced to allow the meeting 
of Parliament to be delayed until July 28, after the return 
from England of his Premier, who had been there on a visit, 
and so the country was for a considerable period without 
legal authority for appropriation at all. In South Australia 
the habit of signing excess warrants has existed for no less 
than twenty years, and has been approved, if not recognized 
as legal, by no less than three ministers, one after another, 
it being defended by one minister as a convenient and, 
indeed, necessary means of procedure. It is clear that it 
merely assists the Lower House to secure its sway over the 
Upper House, which can hardly reject expenditure which 
has already been incurred, and this is certainly in South 
Australia sometimes a source of annoyance to the Upper 
House. But it is quite helpless in the matter: the only 
possible action would be to refuse supply, and despite the 
large powers in law of the Upper House of that state 
the House dare not interfere with popular expenditure, if the 
members wish to retain their seats in Parliament. It is 
significant of the whole position that the Government of 
Western Australia? announced, evidently with honest pride, 
in 1910, that though they had the money for a certain public 
work they would not spend it without a legal appropriation : 
it is not quite certain whether their audience was as apprecia- 
tive of the virtue thus displayed as it should have been. 
New South Wales used to be the worst offender of all. if 
+ See Hobart Mercury, October 15, 1908, for a report of the attack on 
the Government. For a case in 1877 see Legislative Council Journals, 1877, 
Sess. 4, No. 11, p. 13. 
* West Australian, July 4, 1910 (Mr. Gregory's speech). See also the 
Reports of the Auditor of Western Australia for 1909 and 1910; West 
Australian, December 15, 1909, December 15, 1910; South Australia 
Auditor’s Report, 1910, pp. xi, xii. Cf. also Adelaide Advertiser, November 
21, 22, 1900, as to personal duty thrown on Governor under Loan Act 
No. 648 of 1896. The practice in Newfoundland is also very irregular.