Deutsche Geschichte: Neueste Zeit

Verkehr, Handel und Geldwesen. Wert und Preis. Kapital und Arbeit. Einkommen. Krisen, Klassenkämpfe, Handelspolitik. Historische Gesamtentwickelung (2.1904)

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Multivolume work

Identifikator:: 1892063557

Document type:: Multivolume work

Author:: Lamprecht, Karl http://d-nb.info/gnd/118569015

Title:: Deutsche Geschichte

Place of publication:: Berlin

Publisher:: Gaertner

Year of publication:: 1891-

Collection:: Economics Books

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Volume

Identifikator:: 1892071576

URN:: urn:nbn:de:zbw-retromon-237660

Document type:: Volume

Author:: Lamprecht, Karl http://d-nb.info/gnd/118569015

Title:: Neueste Zeit

Volume count:: Abt. 3

Place of publication:: Freiburg im Breisgau

Publisher:: Heyfelder

Year of publication:: 1906

Scope:: VIII, 302 S.

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: I. Entstehung und erste Entwicklungsperiode des modernen Bürgertums

Collection:: Economics Books

cHAP. Vv] THE GOVERNOR AND THE LAW 265 be incurred under the most serious circumstances. It cannot be said that the Secretary of State was wrong in the matter, at least in principle : the question is not that the Governor must be very chary of breaking the law, but whether in the case in question it was really not one of those instances where the circumstances are so extremely unusual as to justify even so strong a step as a breach of the law, and on the whole a calm judgement must say that the Governor made out for himself in the correspondence a very strong though not necessarily convincing case. In the case of the Transvaal an interesting example of financial irregularity occurred just before the Colony was merged into the Union of South Africa.l There was held in 1910 a very short session, mainly for the purpose of providing for the election of senators to the Parliament of the Union. It was, however, desired by the Government to pay to the members of Parliament the full salary to which they would nominally have been entitled had the session been completed, and as a matter of fact, on April 28 cheques for the whole amount were issued to the members of the Lower House. The action of the Ministry was by no means generally popular, as it was felt that to make full payment for so short a period was not a legitimateemploymentof public funds, and accordingly an interdict was applied for and granted on May 2 by the Supreme Court in respect of the payment in question. The matter then came before the Supreme Court, and on May 10 judgement was delivered by the Chief Justice, which while holding that the plaintiffs had no locus stands, laid it down clearly that the payment proposed was a contra- vention of Act No. 12 of 1907, regulating payment to members of Parliament, and also probably a contravention of the Audit Act No. 14 of 1907, inasmuch as money could only be with- drawn from the Exchequer Account under cover of a special warrant from the Governor in virtue of s. 20 of that Act.? ! See a full account and discussion in The State of South Africa, iii. 990 eq. ; iv. 296 seq., 667 seq. * This section deals with cases of essential expenditure when Parliament is not in session. See Dalrymple and others v. Colonial Treasurer,[191017T.S. 372.

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