Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 1)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896934455

URN:: urn:nbn:de:zbw-retromon-236504

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 1

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: LI, 568 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part II. The executive Government

Collection:: Economics Books

cuar. vl THE GOVERNOR AND THE LAW 249 indeed it is possible to make distinctions of degree between sinners all so wicked. From 1858 onwards the custom there was to pay out sums in anticipation of Parliamentary sanction on the strength of the warrant of the Governor, and in a dispatch of September 30, 1868, the Secretary of State for the Colonies, on the application of the Governor, Lord Belmore, gave a reasoned opinion on the propriety of the practice and the limits within which it could be carried out. The dispatch runs :—2 [ have to acknowledge the receipt of your Lordship’s Despatch of the 17th of June, in which you desire instruc- tions as to whether it is competent for you to exercise the discretionary power legally and constitutionally which the Governors of New South Wales have done during the last 10 years with regard to approving of Executive sanction being given in anticipation of Parliament appropriation, to such payments as are referred to in the third paragraph of your Despatch. The payments mentioned in the third paragraph are called for when the amount appropriated for any particular service has proved to be insufficient, or an item may have been casually omitted, or some unforeseen emergency has arisen. I apprehend that you cannot legally exercise a power of expending moneys without an Appropriation Act, and that you would prima facie be bound to refuse to sign a warrant sanctioning any expenditure of public money which has not been authorised by law. But as in England, so in New South Wales, cases of supreme emergency may arise, when it may be impossible to adhere to the strict and proper rule without detriment to the public interest, and when the Government at home takes upon itself the responsibility of sanctioning such expenditure. Such are cases where a service voted requires more money than has been voted, or where some wholly unforeseen contingency arises of too urgent a nature to allow of the required expenditure being previously submitted to Parlia- ment for their sanction. Cases of this kind must be dealt with by the Governor on the responsibility of his ministers, and he must exercise his own judgment upon a careful consideration of all the circumstances brought under his notice by those ministers. [ shall not attempt to give you more definite instructions * Parl. Pap., C. 2173, p. 117; of. Rusden, Australia, iii. 499 seq.

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