CHAP, 1] THE DOMINION OF CANADA 737
the prerogative right of disallowance by the Federal Govern-
ment would always be considered a harsh exercise of power,
unless in cases of great and manifest necessity, or where the
Act was so clearly beyond the powers of the local legislature
that the propriety of interfering would be recognized at
once. They also admitted that the power could even be
applied to a law over which the Provincial Legislature had
complete jurisdiction, but it would always be a difficult
Matter for the Federal Government to substitute its opinion
instead of that of the legislative assemblies in regard to
Inatters within their province, without exposing themselves
bo be reproached with threatening the independence of the
Provinces. There were, however, even in this period cases
of disallowance of Acts on other than legal or constitutional
grounds, or the withholding of the assent to Bills which had
been reserved, but these were mainly in respect of enact-
ments of British Columbia! and Manitoba,? which stand
a peculiar position to the more settled provinces of the
cast, especially as regards land surveying and the regulation
of the legal profession. One interesting case arose as regards
Quebec ; the Lieutenant-Governor assented in 1877 inad-
vertently to a Bill which he was assured had duly passed both
Houses ; ag 5 matter of fact it had done so, but had only
been read twice in the Assembly, and on finding out the
orror the Dominion Government was asked by the Lieutenant-
Governor to take steps to disallow the Act. Mr, Blake,
however, as Minister of J ustice, declined to comply with this
request, pointing out that the assent, having been improperly
8lven, was mere nullity, and suggesting that the disallowance
of a nullity would be improper, though the Quebec Legislature
Might pass, if it liked, an Act next session declaring that the
Act of the previous session was void : it did not do so, but
It Was agreed not to print the Act among the Acts of the
Session, and so it never appeared as an Act at all on the
Statute book? In 1876, however, a Manitoba Act (38 Vict.
©. 37) was disallowed because it had not been duly published
Canada Sess. Pay., 1877, No. 89, p. 174.
hid, Pp. 179, 230, 307. ® Ibid., 1879. Nos. 19 and 26.
