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 V. Imperial control over dominion administration and legislation // Chapter I. The principles of imperial control

Collection:: Economics Books

char. 1] PRINCIPLES OF IMPERIAL CONTROL 1009 have been caused if it turns out that the Imperial Govern- ment are able after all to assent to the Act, whether as it is or as amended at a subsequent session of the Legislature. The question was raised with regard to the refusal by Mr. Dunsmuir of his consent in April 1907 to the Asiatic Exclusion Bill of the Legislature of British Columbia in that year.! It appears that the Secretary of State at Ottawa telegraphed to Mr. Dunsmuir before the refusal, saying that the Premier, Mr. McBride, had informed him that the Bill would not be assented to, and asking if he could rely upon that. The Lieutenant-Governor replied that he could, and when the Bill was presented to him for assent he refused it. A great dispute arose as to whether he had done it on his own responsibility, which the Opposition in the Legisla- ture said was unconstitutional, or whether he had done it on the advice of ministers, in which case the Opposition claimed that ministers should accept responsibility, or whether he had done it on the instructions of the Secretary of State, and the Secretary of State denied that he had given any instructions. On the other hand, the Prime Minister denied that he gave any such advice, and it seems clear that there was some serious misunderstanding on the part of the Prime Minister and the Secretary of State, and of everybody concerned in the matter, but it was agreed in the discussions in the Legislature that if the Lieutenant-Governor had done it either on the instructions of the Secretary of State or on the advice of his ministers, his action was proper, but that he should not act on his own responsibility. The official Canadian view is that refusal of assent, like reservation, is never legitimate save on explicit instructions.’ * See Canadian Annual Review, 1907, pp. 610 seq. ; 1908, pp. 537 seq. ' A Governor should certainly not act on his own judgement in the matter, and it is perfectly clear that the Secretary of State’s telegram was squivalent to an instruction, * See Provincial Legislation, 1867-95, pp. 77, 105, 763, 807 seq., 915, 1018, 1048, 1225, &c. For a discussion whether a Bill which contained mistakes should be refused assent or repealed by a Bill passed the same session, see Canada Senate Debates, 1910-1, pp. 445 seq. The latter course was adopted. 12792

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