char. 1] PRINCIPLES OF IMPERIAL CONTROL 1009 
have been caused if it turns out that the Imperial Govern- 
ment are able after all to assent to the Act, whether as it is 
or as amended at a subsequent session of the Legislature. 
The question was raised with regard to the refusal by 
Mr. Dunsmuir of his consent in April 1907 to the Asiatic 
Exclusion Bill of the Legislature of British Columbia in that 
year.! It appears that the Secretary of State at Ottawa 
telegraphed to Mr. Dunsmuir before the refusal, saying 
that the Premier, Mr. McBride, had informed him that the 
Bill would not be assented to, and asking if he could rely 
upon that. The Lieutenant-Governor replied that he could, 
and when the Bill was presented to him for assent he refused 
it. A great dispute arose as to whether he had done it on 
his own responsibility, which the Opposition in the Legisla- 
ture said was unconstitutional, or whether he had done it 
on the advice of ministers, in which case the Opposition 
claimed that ministers should accept responsibility, or 
whether he had done it on the instructions of the Secretary 
of State, and the Secretary of State denied that he had 
given any instructions. On the other hand, the Prime Minister 
denied that he gave any such advice, and it seems clear that 
there was some serious misunderstanding on the part of the 
Prime Minister and the Secretary of State, and of everybody 
concerned in the matter, but it was agreed in the discussions 
in the Legislature that if the Lieutenant-Governor had done 
it either on the instructions of the Secretary of State or on 
the advice of his ministers, his action was proper, but that 
he should not act on his own responsibility. The official 
Canadian view is that refusal of assent, like reservation, is 
never legitimate save on explicit instructions.’ 
* See Canadian Annual Review, 1907, pp. 610 seq. ; 1908, pp. 537 seq. 
' A Governor should certainly not act on his own judgement in the 
matter, and it is perfectly clear that the Secretary of State’s telegram was 
squivalent to an instruction, 
* See Provincial Legislation, 1867-95, pp. 77, 105, 763, 807 seq., 915, 
1018, 1048, 1225, &c. For a discussion whether a Bill which contained 
mistakes should be refused assent or repealed by a Bill passed the same 
session, see Canada Senate Debates, 1910-1, pp. 445 seq. The latter course 
was adopted. 
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