ADDENDA 1617

The energies of both parties were thus concentrated upon the byslections
 in the two districts ; in one case the Labour member decided
to stand again in order to secure the reasoned opinion of his constituents
 on the question at issue, while in the other case the Labour
candidate decided definitely to retire from political life. The whole
position was, however, materially altered by the decision of the
(tovernment to abandon the policy of the repeal of the Act permitting
conversion of leaseholds,! and the consequent resignation, on August 1,
by Mr. Nielsen of his position as Minister of Lands. It was alleged
against the Government during the election contest that their action
was unconstitutional in resigning while the Premier 2 was not in the
country, an argument which was met by the precedent of 1887, when
Sir John Downer’s colleagues in South Australia resigned office during
his absence in England at the Colonial Conference, and in causing
the Speaker to vacate his office for party purposes. The result of the
by-elections was disappointing to both sides, for in one seat the
Labour3 and in the other the Liberal candidate (later unseated)
succeeded, leaving the parties precisely equal, for the independent
members had, during the elections, more or less definitely joined
themselves with the Opposition to the Government.
The position was clearly almost an impossible one, as it repeated
the famous predicament of Newfoundland in 1909, when there was
an equality of members on both sides, and the election of a Speaker
presented insuperable difficulties, so that the new House of Assembly
had to be dissolved before it had taken any action. But in this case
the Labour Government was sufficiently fortunate to secure an
Opposition member, who consented to take the Speaker’s chair on the
understanding that a redistribution of seats would take place in
accordance with the Constitution as a result of the census of 1911,
and, pending this redistribution and a general election, non-contentious
business in the main should be proceeded with. There was naturally
much indignation on the part of the Opposition at this action by one
of their members, and the election of the Speaker was only carried
on August 23,% when Parliament reassembled, amidst scenes of the
greatest excitement and disorder, and these scenes were renewed on
August 29, with the result of the exclusion from the House of two
Opposition members. Mr. J. Perry brought an action against
the Speaker, and it was alleged that he was not duly appointed
to that office on the ground that the proceedings on August 23
were irregular, inasmuch as the Speaker had been installed in the
ahair while a member of the Opposition was endeavouring to speak

1 How far it bad been adopted by the party was disputed ; see Parliamentary
Debates, 1911, sess. 2, p. 462.
2 Mr. MeGowen was in England for the Coronation, Mr. Wade having arranged
a pair with him. Cf. Parliamentary Debates, 1911, sess. 1, p. 1999.
8 Mr. Dunn. ¢ Parliamentary Debates, 1911, sess. 2, pp. 2-128.
$ Ihid., pp. 311 seq. Mr. Wade protested against the Government undertaking
 automatically the defence of the Speaker, holding that it should be left
over for consideration after the result of the action