cHAp. 111] THE GOVERNOR AND MINISTERS 169
Musgrove In 1888 a British ship had arrived at Melbourne
having on board about 268 Chinese emigrants, one of
whom was Chun Teeong Toy. The number was in excess
of that which, under the existing laws of Victoria, could be
lawfully brought into the port. The Collector of Customs,
Mr. Musgrove, was instructed by the Commissioner of Trade
and Customs, a responsible minister, that no Chinese other
than such as were British subjects should be allowed to
enter Victoria. Chun Teeong Toy brought an action in the
Supreme Court of Victoria claiming damages from Mr. Mus-
grove. In defence it was urged that the Court had no
jurisdiction, as the acts of the officer were acts of State
ratified by the responsible minister and by Her Majesty’s
Government of Victoria.2 The second defence was that the
acts were done in virtue of the power of the Crown to exclude
aliens, that this power was vested in the Governor of Victoria
to be exercised by him through Her Majesty’s Ministers for
Victoria. The Chief Justice’s opinion was in favour of the
defendant on the ground that the prerogative of excluding
aliens was a prerogative of the Crown of England? and that
a power equivalent to the prerogative had been vested bv
law in the representative of the Crown in Victoria, and could
be exercised by the Governor on the advice of his responsible
ministers. He took occasion to express at full length his
opinion on the subject of the constitutional rights of self-
government belonging to the people of Victoria. In the
course of his judgement his conclusions were summed up as
follows «4
I am of opinion, first, that the Constitution Act, as
amended and limited by the Constitution Statute, is the
only source and origin of the constitutional rights of self-
government of the people of Victoria ; secondly, that a
‘ (1888) 14 V. L. R. 349. Cf. Lefroy, Legislative Power in Canada.
pp. 116 seq.; above, pp. 120, 134.
* All the judges rejected this defence, on the ground that the right to do
an act of State did not belong ex officio to the Governor, and that there had
been no ratification by a competent authority.
* This is practically certainly bad law as so put.
14 V. L. R. 349, at pp. 396, 397.
