CHAP.I] THE DOMINION OF CANADA 715
In Nova Scotia, New Brunswick, and British Columbia
the number of executive councillors is actually limited by
law to nine and seven (eight by Act c. 10 of 1911) respectively,
and in the latter case all but six (now seven) are ministers
with departments and salaries, and the seventh is President
of the Council, so that if only a parliamentary tenure of
office was required there would be a responsible ministry,
necessarily parliamentary, but this is not the case. Freely
have the provinces exercised their powers as regards the
size of the Houses and similar matters, such as the franchise.
Of course the power is not absolute, for it is clear that
the power to amend supposes the existence of something,
and does not in such a case (this is shown by the retention
of the office of the Lieutenant-Governor beyond provincial
control) render the Legislature competent to abolish the
Legislature, but in all probability this limitation applies also
to a Colony.
The power of constitutional alteration, the power of
legislation which is within limits exclusive, and the growth
of population, have strengthened the provinces of late years,
as is shown by the fact that the Federal Government is more
and more chary of dealing with things except through the
aid of the provinces, as has been shown in its reluctance to
accept treaties on provincial subjects without full control,
and by its asking the Provincial Governments to agree to its
appointing a Royal Commission on education, to which they
all consented, waiving the constitutional objection on the
grounds of the desirability of such a subject receiving common
treatment, and by associating them in the proposals for
considering natural resources. If the Dominion controls
them by its power of veto, they deny. as Ontario has denied,
* This is a continuation of the old system in which the royal instructions
provided for a maximum of nine members, a maximum already fixed in the
Governors’ commissions of 1764 and 1784. There has been no legislation
in Prince Edward Island, and the maximum therefore remains undefined in
virtue of the continuance of the constitution as it existed in 1872 under Lord
Dufferin’s letters patent and instructions by the Order in Council for union
in 1873. In New Brunswick Rev. Stat, c. 10, the number is not limited.