1420 THE JUDICIARY [PART VI
curious one. lt may be argued hence that the power of
the Governor-General is to be exercised entirely on the
advice of ministers except where he is prepared to find new
ones if they resign; but the case is historically, and no
doubt in intention, otherwise ; this form dates from the old
forms which were simplified in the case of Australia. The
old forms, as authoritatively interpreted by various Secre-
taries of State, imposed not only in capital but in all cases?
a personal responsibility on the Governor, and though the
new form will hardly at the present time carry with it that
onus, it will be subject to the implied rule that Imperial
interests justify and require deviation from the practice of
accepting ministerial advice. It is in harmony with this
that the Union instructions contain no power of action
in disregard of ministerial advice on other matters of
executive action of Imperial interest, for this power was
recognized by Mr. Blake to apply ipso facto to all cases where
Imperial interests overrode Canadian.
In Newfoundland the old form of instruments is retained,
and now is similar to those issued in the case of the Cape.
But in this case no alteration has ever been asked for or made
to permit of the banishment of aliens. As a matter of fact,
the practice of the Governor dealing with all cases personally
continued right up to the governorship of Sir William
Macgregor, who induced ministers to accept a change of
system and to follow the usual rules of Colonial procedure in
this matter. The disadvantages of the system as it stood
were seen when the Governor remitted an absurd fine imposed
for a technical breach of the game laws of the Colony, and
the incident was seized as an opportunity for a personal
attack on the Governor by the press of the Colony.
§ 6, AMNESTY, &C.
A few minor points as to the prerogative may be noted.
It is still the case that no Governor is given formal authority
! See Lord Carnarvon’s view (above, p. 1397), Lord Knutsford (p. 1406) ;
conira Blake (p. 1400). Cf. Cape House of Assembly Debates, 1907,
pp. 100-2, ? Evening Telegram, January 20, 1908.
