CHAP. 11] LEGAL BASIS : 65
applies, but the dismissal would be by the Crown. An instance
where illegal appropriations took place without the Governor
being dismissed, is a good illustration of the exception
which proves the rule. It was in the case of the Cape, where
during the Boer War it became out of the question to
summon the Parliament within the usual time of meeting,
and the Government had to be carried on without legal
sanction for the expenditure. The Governor's action was
not merely approved by a Ministry who possessed the
confidence of the portion of the population which was loyal
to the Crown, but it was rendered possible and effective by
the presence and protection of the Imperial forces in South
Africa! Of course, even in a province, as Mr. McInnes’s
case will show, it is possible for a Lieutenant-Governor to
govern with the aid of ministers who have no parliamentary
support, but that can never be for long, and in a sense it is
a position which, by parliamentary practice, occurs in this
country as well as in the Colonies, in every case where a
beaten Government asks for and obtains a dissolution of
Parliament, until the elections are complete.
§ 2. NEWFOUNDLAND
In the case of Newfoundland the conditions laid down by
the dispatch from the Duke of Newcastle of February 21,
18542 for the grant of responsible government were, as
Subsequently modified, two only—the provision of adequate
Pensions for officers who would be displaced on political
grounds, and the passing of a measure to increase the size
of the House of Assembly to thirty, and to provide for redistribution
of seats so as to afford fair representation of the
Protestant majority in the Colony. These measures were
duly passed by the Legislature as 18 Vict. ¢. 2 and ec. 3
respectively, and thereupon the Imperial Government took
Steps to issue a new commission, appointing Mr. (afterwards
Sir Charles) Darling to be Governor, in which provision was
made for the appointment of a separate Executive Council
for the island in place of the combined Executive and
Parl, Pap., Cd. 1162. * Parl. Pap., H. C. 273, 1855.
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