Full text: Responsible government in the Dominions (Vol. 3)

CHAP. TIT] JUDICIAL APPEALS 1383 
the removal of Judge Sanderson,! and there are other cases of 
this kind, including a special reference from the Bahama 
Islands with regard to Mr. Yelverton? There have been 
also, however, other important matters which have been 
dealt with in this manner. For example, the question of the 
boundary between Manitoba and Ontario was thus referred 
to the Privy Council, and a decision given which was accepted 
by the two provinces, and which was afterwards embodied 
in an Imperial Act? Again, the question of the position 
of the Bishop of Natal with regard to the Bishop of Cape 
Town was considered on a similar reference, although in that 
case the Judicial Committee were clear that the matter could 
be treated as a trial of an appeal from the Court in the 
Colonies.t In that case a question was raised as to whether 
an appeal was competent, inasmuch as it was asserted that 
the action of the Bishop of Cape Town in purporting to 
deprive the Bishop of Natal of his status was altogether 
ultra wires, and therefore, as a mere nullity, could not be 
appealed from. And again in 1886, at the request of the 
two Houses of the Parliament of Queensland, a reference 
was made to the Judicial Committee to decide the question 
of the rights of the two Houses respectively with regard to 
Money Bills, and the decision which was given has not 
been questioned by either House.’ On the other hand, in 
1872 a request for a decision of the relations of the two 
Houses in New Zealand on the same subject was referred 
to the Law Officers of the Crown at the request of the two 
Houses.® but it was preferred by the two Houses in Queens- 
' 6 Moo. P. C. 38. 
* [1893] A. C. 138. The judge resigned before judgement, but the 
Committee expressly negatived his protest against their power to deal 
with the case. Mr. Cook in 1892 and Mr. Walker in 1908 were so removed. 
* Ontario Sess. Pap., 1885, No. 8 ; Canada Sess. Pap., 1885, No. 123 b; 
Imperial Act, 52 & 53 Viet. ¢. 28; Houston. Constitutional Documents of 
Oanada, pp. 276, 277. 
* 3 Moo. P. C. (N. 8.) 115. 
* Parl. Pap., C. 4794; H. L. 214, 1894. 
¢ Constitution and Government of New Zealand, pp. 195 seq. Again, in 
1865 a question of the rights of judges in Victoria was referred to the
	        
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