220 THE EXECUTIVE GOVERNMENT [PART II
seen in 1909, when the occurrence of a dead heat in Newfound-
land rendered the position very difficult: the Government
did not attempt to make any appointments or contracts
with one exception,! which could be disapproved by their
successors, and thus avoided the unfortunate event which
took place in Canada when the new (Government cancelled
many of the appointments made by the outgoing Govern-
ment. There is, however, no doubt that that Government
had strained its functions. None the less, in 1908, after their
defeat at the general election of that year, the Government
of New Brunswick, which had held office since 1891, not
merely remained for nearly a month in office after their
failure to secure their return to power, but asked the
Lieutenant-Governor to make certain appointments, which
he declined to do on the ground that they no longer repre-
sented the will of the people? The question was much
canvassed in connexion with the resignation of the Ross
Ministry in 1905 in Ontario, as they made various appoint-
ments, and these appointments were naturally resented by
their political opponents.
The position of the Governor with regard to his ministers
when they cannot certainly command the support of the
Legislature is curiously illustrated by a remarkable series of
events which took place in Newfoundland in 1893 and 1894.4
In the former year the (Government of Sir W. Whiteway
returned to office with a very substantial majority in the
Lower House of 36 members, having 24 members to 12.
But as usual the Victory of the party had been secured by
judicious expenditure at the election time of the funds raised
ander an Act of the Colony for a loan for the purpose of
' See the pamphlet, Protest of Anglo-American Telegraph Company, Lid.,
against the Ratifying of a Draft Contract between the Government of New-
foundland and the Commercial Cable Co., signed February 18, 1909, published
in Newfoundland.
* Canadian Annual Review, 1908, p. 402. ® Thid., 1905, p. 489.
See Journals of House of Assembly, 1894, and the newspapers passim.
Mr. Whiteway became Premier first in 1877, and after a period of eclipse
from 1885-9 succeeded in retaining office until 1894, and again returned
to power in 1895.
