cHAP. 1] POWERS OF DOMINION PARLIAMENTS 369
due to the absence of any legal authority for the appointment
of deputies other than the authority in the letters patent,
but it can hardly be said that his doubts were necessary or
natural. The Bill as introduced was certainly objectionable,
for it purported to confer upon the Governor’s deputy all the
power of the Governor, while the letters patent expressly allow
the Governor to limit the power in such manner as he thinks
fit. If the Bill had been passed the Governor would of course
have reserved it, and it is hardly likely that it would have
become law, but it is worth mentioning as a good example
of the happy-go-lucky character of the Colonial Constitution,
that the Governor is not required to reserve such a Bill,
though a Bill affecting the Governor’s salary must under the
Imperial Act of 1907 be reserved. The Bill, modified to avoid
the objections raised to its predecessor, was passed through
both Houses in 1910 and reserved for the royal assent.
Some doubt was felt in South Australia in 1855 as to
whether it was within the powers of the Colonial Legislature
to make provisions as to the proposed constitution of the
Executive Council by making certain officials members in
virtue of their offices, and to require that warrants for
expenditure and appointments or dismissals to office should
be signed by the Governor and countersigned by the Chief
Secretary. The Law Officer of South Australia! advised,
however, that the power existed ; that these were matters
which by the Imperial Parliament for the United Kingdom
could and might be regulated by law, and that there was no
reason why they should not be regulated similarly as far as
legal considerations were concerned for the Colony of South
Australia. He, however, drew attention to the matter,
leaving it for the Imperial Government to decide whether
to approve of the terms of the Act or not. The terms of the
Act were not criticized by the Imperial Government, and it
is clear that it would be impossible to take exception on legal
grounds to such legislation. On the other hand, there are
good grounds of convenience for not dealing in any way with
executive matters by law.
! Parl. Pap., July 24, Lust, p. 86; cf. p. 68.
RR
1270