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

CHAP, 1] THE DOMINION OF CANADA 731 advice.! Though in that case the Secretary of State told certain petitioners that the matter was one for the Governor- General, in answering a petition in 1875 regarding a second Act he merely said that the Secretary of State had not felt at liberty to interfere with the course taken by the Governor- General? In the matter of the complaints of the Presby- terians against the Ontario legislation as to the union of the churches and the college at Kingston the Secretary of State took no action,® but in the case of the complaint of Mr, Butt, M.P., in 1878, regarding the Act of New Brunswick regarding Orangemen, the Secretary of State? still used language which indicated that Her Majesty’s Government might interfere in a very exceptional case. And probably the view still then was that the Governor-General had some personal discretion, though of course it might be that the Secretary of State only meant that a matter might be so grave that the Governor-General might change his ministers rather than allow an Act which was obviously wrong or disallow an Act obviously justifiable. At any rate, the modern practice which has grown up is perfectly satisfactory so far as Imperial interests are con- cerned : the Dominion Government have at the request of the Imperial Government disallowed a whole series of British Columbia Acts dealing in a hostile spirit with the Japanese and other Asiatic races, while the Lieutenant-Governor disallowed, an amusing Act passed in 1907 wherein the Omission of a ‘not’ rendered the Act of precisely no use, while the Act passed in 1908 had the ‘not’ restored, but Was ultimately disallowed after being held wlira vires by the Courts of the province.’ Again, in deference to the * Parl Pap. C. 1351, pp. 42, 54-61. > Canada, Sess, Pap., 1877, No. 89, pp. 435-47. . ' Parl. P, ap., H. C. 389, 1878. Lord Stanley referred home for instrue- tions as to whether he could legally allow the Jesuit Estates Act of Quebec in 1888 to remain in force; see Hopkins, Sir John Thompson. v. 143; Provincial Legislation, 1867-95, pp. 395 seq. * See British Columbia Sess. Pap 1908, D. 15,43; G. 59; 13B.C. 370; Canadian Annual Review, 1907, pp. 882 seq. : 1908. pp. 540 seq. ; above, P.680. nn © 2 Thid., pp. 50. 62-4

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