468 PARLIAMENTS OF THE DOMINIONS [PART 111
Western Australia. The Speaker in the Lower House is always
clected, and in the case of Tasmania and South Australia
only is notification of the appointment legally required,
though in all cases the form of notification is followed. In
New Zealand the confirmation of the Governor is still
required. In Canada, the Commonwealth? and the Union,
the Speaker of the Lower House is elective, but by practice
the appointment is notified, and so with the Presidents in
the two latter cases, while in Canada the appointment rests
with the Governor-General, as usual in nominee Houses, and
similarly in Quebec and Nova Scotia. In the Lower Houses
of the Provinces the office is elective, and so also in the House
of Assembly of Newfoundland, while there the President of the
Legislative Council is appointed by the Governor. Until 1841
the usage was in Canada to present the Speaker for approval,
but it was then dropped. In Canada and the Provinces, and in
the Australian States, the Speaker asks the Governor for the
usual privileges, which are graciously accorded.
As regards voting the provisions are curiously varied. In
Canada and the Commonwealth the law is that the President
has a vote, and that if the votes are equal the negative
prevails, as in the House of Lords. In the Union the rule
is that the President shall only have a casting vote, and the
Speaker in all three cases has only a casting vote. In all
the States and in New Zealand President and Speaker alike
have only the casting vote by law. In Newfoundland there
is no legal rule and the President and the Speaker might
apparently vote twice, but it is doubtful if this would ever
be done : there is no evidence of it on record, and if possible
would hardly be actual. In the Provinces the legal rule as
to the Speaker is as in Canada, but in Quebec the President
has an ordinary vote only, as in Canada 4
' Consolidated Statutes, 1908, No. 101, s. 15.
* In 1901 both President and Speaker were presented for approval, Senate
Journals, pp. 3,4 ; Houseof Representatives Votes, p. 9. In 1904 they were
only presented, Journals, pp. 2, 3 ; Votes, pp. 2, 6; and in the latter year
the request for privileges was dropped.
* Cf. Munro, Constitution of Canada, Pp. 48, 114.
* Otherwise in Nova Scotia, where apparently the rule is as in Newfound-
land, that the President has by usage a casting vote, but no ordinary vote.