470 PARLIAMENTS OF THE DOMINIONS [part III
which Lord Normanby said was probably due to the desire of
a Speaker not to prevent further consideration, as is the rule in
England, and which therefore could not be used to prove, as
Sir George Grey tried to use it, that he had the confidence
of the House! It would seem, however, that the Speaker
would do well in such cases to conform to the practice in
the Imperial Parliament : any other course turns him into
a partisan, and it is most desirable that no Speaker should
occupy that position, while the Imperial rule would always
ensure that the Speaker himself would not be credited with
responsibility for any decision, and that the House would be
able to consider freely what course of action it should adopt.
This rule was recently claimed by the President of the
Transvaal Legislative Council to have governed his action
in all cases. In 1874 Mr. Carter’s Ministry in Newfoundland
was only kept in office by the vote of the Speaker? and on
what was a vote of censure in 1903 in British Columbia the
Speaker supported the Government? In 1907 the President
in the Cape laid down the rule that he should try to have
funds voted and the Government carried on.
The Governor-General or Governor has in every case by
law the power to prorogue or dissolve Parliament besides the
power to summon it, though the latter power is subject to
the rule of annual Parliaments and must be exercised in view
of it. The power is also given in the letters patent, though
' New Zealand Parl. Pap., 1877, A. 7.
* Prowse, History of Newfoundland, p. 499.
} Canadian Annual Review,1903, p. 213. For another case (Cape Speaker,
in 1897) see Wilmot, South Africa, iii. 331.
¢ See Legislative Council Debates, 1907, pp. 357 seq.
See Canada, 30 Vict. c. 3, ss. 20, 38, 50; Ontario and Quebec, ss. 82, 85,
86; in the Rev. Stat, of all the provinces except Prince Edward Island
(Act 1893, c. 21; 1908, e. 1), Alberta (Act 1909, c. 2), Saskatchewan (Act
1908, c. 4) ; Newfoundland, Consol. Stat., c. 2; Commonwealth, 63 & 64
Vict. c. 12, Const. ss. 5, 6; New South Wales, Act No. 32 of 1902, ss. 10,11 ;
Victoria, 18 & 19 Vict. c. 55, sched. ss. 28, 29; Queensland, Act 31 Vict.
No. 38, 85. 3, 12; South Australia, Act No. 2 of 1855-6, 88. 2, 8; Western
Australia, 53 & 54 Vict. c. 26, sched. ss. 3, 4; Tasmania, 18 Vict. No. 17,
#8. 4, 5; New Zealand, Consolidated Statutes, 1908, No. 101, s. 14; Union
of South Africa, 9 Edw. VIL ec. 9, 88. 20, 22, As to prorogation, cf.
Constitution of New Zealand, pp. 191, 192.