Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 2)

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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:: 1896935052

URN:: urn:nbn:de:zbw-retromon-238139

Document type:: Volume

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

Title:: Responsible government in the Dominions

Volume count:: Vol. 2

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XI Seiten, Seiten 570-1100

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part IV. The federations and the union // Chapter I. The dominion of Canada

Collection:: Economics Books

682 THE FEDERATIONS AND THE UNION [PART Iv provincial governments and not in the Dominion Govern- ment. This view was supported by arguments drawn from the case of escheats,! from the case of fisheries? and from the case of railway lands in British Columbia,? and it was held that just as the Dominion had no proprietary right in the fisheries in the territorial waters of the provinces, and had not a proprietary right in the minerals under railway lands of British Columbia, so also it had no proprietary right with regard to ferries. But the Supreme Court of Canada decided definitely that the right to grant a ferry now belonged to the Dominion Government, that it was included within the legislative power as to ferries, and they evidently considered that the prerogative to grant a ferry was one which had fallen out of use. It may be added that it has actually been held in South Australia that a Governor has not without express delega- tion any power to grant a ferry, and in any case it is clear that the prerogative is not a living one at the present day. (BR) Lands in British Columbia In McGregor v. Esquimalt and Nanaimo Railway Co.5 the question was raised as to the railway lands in British Co- lumbia granted under the terms of union of the province by Act 47 Vict. c. 14. The Dominion had granted certain lands to the company, and subsequently to the grant the Legis- lature of British Columbia passed an Act (3 & 4 Edw. VII. c. 54) under which certain original settlers were given rights over those parts of the lands included in the Dominion grant. The Act was allowed to stand by the Dominion Government, but was challenged in the Courts, and the Privy Council ' Attorney-General of Ontario v. Mercer, 8 App. Cas. 767. * Attorney-General for the Dominion of Canada v. Attorneys-General for the Provinces of Ontario, &c., [1898] A. C. 700; 26 S. C. R. 444. * Attorney-General of British Columbia v. Attorney-General of Canada, 14 App. Cas. 295. * Dewar v. Smith, 1900 S. A. L. R. 38. * [1907] A. C. 462. ® Provincial Legislation, 1904-6, pp. 125, 126. Sir C. Fitzpatrick very inaccurately foresaw the decision of the case.

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