cuap. v] THE GOVERNOR AND THE LAW 269 
§ 2. MARTIAL Law 
But these are lesser matters,! and the real importance 
of the question arises in the application of the rule to the 
proclamation of martial law by the Governor. In no self- 
governing Colony is there any provision for martial law as 
part of the law of the land, and there is therefore no 
statutory basis on which the proclamation of such law can 
rest. Nor again can it be held that there is any common-law 
right to proclaim martial law : it is no part of the preroga- 
tive to upset the established law of the land. On the other 
hand, there need not necessarily be any illegality in the 
issue of a proclamation of martial law : it would be difficult 
to see what crime would be committed by the mere issue, 
and at any rate, even if conceivably there might be regarded 
as being some crime in issuing a proclamation which might 
lead to serious disturbances from aggrieved citizens, the risk 
of any Court so holding does not seem to be great. For after 
all, the proclamation stripped of its phraseology merely 
means that, in the opinion of the Executive, there exists 
a state of matters in which the suspension of the ordinary 
legal forms is necessary, and it operates as a warning to 
citizens that this is the case, and that they should therefore 
be on their guard to maintain order : it may even be that 
such a proclamation may have effect in terrifying evil-doers 
and mitigating the evil results of their machinations against 
the State. Now the acts done under martial law may be 
viewed in two aspects : there are acts which can be justified 
A curious case arose in December 1910: the Labour Government of 
South Australia found itself faced with a most serious strike, which para- 
lysed the food-supply of the town of Adelaide. The Commissioner of Police 
gave colour to a doctrine which would have allowed rioting to pass 
unchecked, and anarchy threatened. Fortunately the Government inter- 
vened with a correct statement of the law by its Attorney-General, and the 
strike subsided just in time to prevent serious difficulties. The Governor 
was believed to have brought influence to bear in favour of the vindication 
of the law, and an attack—clearly unjustified—on him by the Premier at 
a celebration banquet seemed to lend colour to this belief. The Opposition 
severely censured the Government ; see Adelaide Register, December 17-31, 
1910, January 9, 1911,