M4 THE EXECUTIVE GOVERNMENT [paRT IT
lessened by the fact that the Chief Justice has in the past
frequently administered for long periods, for it has been
usual in the larger Colonies at least to secure him exemption
from other duties, and at any rate to let cases affecting the
Crown in any way be heard before other judges.
§3. THE ADMINISTRATION OF THE GOVERNMENT
The administration of the Government in the absence of
the Governor, or in case of his incapacity, is usually
delegated by the letters patent to the Lieutenant-Governor,
if there is one, and if not to the Chief Justice of the Colony.
As long as military forces were maintained in the Colonies
in sufficient numbers to secure the presence there of an
officer of standing, it was the custom (though not the earlier
practice) to appoint the senior officer commanding the troops
to administer, he being an Imperial officer and free from
local ties, and the experiment answered remarkably well.
Thus in Canada, until the removal of all but a small garrison
rendered the practice impossible, the senior military officer
repeatedly administered the Government! The administra-
tion now—first in 1903—devolves on the Chief Justice or the
senior judge in the absence of the former.? In Newfound-
land, owing to the absence of troops, the Chief Justice
administers. In the former South African Colonies, where
military forces were kept, the senior officer administered, but
on the foundation of the Union it was felt proper to entrust
the administration in the first instance to the Chief Justice,
who was also raised to the peerage as a token of appreciation
of his great services to the Empire. In New Zealand the
administrator is the Chief Justice since the disappearance
of the garrison, and the same rule applies to the Australian
States, except that other persons have from time to time
been selected. Thus in the case of Queensland the President
' See Bourinot, Constitution of Canada, p. 51, n. 6. Before 1840 the
Senior Executive Councillor used to act, as in Crown Colonies, where the
Jolonial Secretary is accustomed to administer.
' Bo Mr. Girouard acted in 1910, when Earl Grey and the Chief Justice
were not available.
