248 THE EXECUTIVE GOVERNMENT [PART II
doing extra work during a vacancy in the bench : this
action was attacked in the Assembly, but the Opposition
failed to carry the motion of censure : it is clear, however,
that the act was illegal! In the case of Western Australia
the same Governor, in 1909, was forced to allow the meeting
of Parliament to be delayed until July 28, after the return
from England of his Premier, who had been there on a visit,
and so the country was for a considerable period without
legal authority for appropriation at all. In South Australia
the habit of signing excess warrants has existed for no less
than twenty years, and has been approved, if not recognized
as legal, by no less than three ministers, one after another,
it being defended by one minister as a convenient and,
indeed, necessary means of procedure. It is clear that it
merely assists the Lower House to secure its sway over the
Upper House, which can hardly reject expenditure which
has already been incurred, and this is certainly in South
Australia sometimes a source of annoyance to the Upper
House. But it is quite helpless in the matter: the only
possible action would be to refuse supply, and despite the
large powers in law of the Upper House of that state
the House dare not interfere with popular expenditure, if the
members wish to retain their seats in Parliament. It is
significant of the whole position that the Government of
Western Australia? announced, evidently with honest pride,
in 1910, that though they had the money for a certain public
work they would not spend it without a legal appropriation :
it is not quite certain whether their audience was as apprecia-
tive of the virtue thus displayed as it should have been.
New South Wales used to be the worst offender of all. if
+ See Hobart Mercury, October 15, 1908, for a report of the attack on
the Government. For a case in 1877 see Legislative Council Journals, 1877,
Sess. 4, No. 11, p. 13.
* West Australian, July 4, 1910 (Mr. Gregory's speech). See also the
Reports of the Auditor of Western Australia for 1909 and 1910; West
Australian, December 15, 1909, December 15, 1910; South Australia
Auditor’s Report, 1910, pp. xi, xii. Cf. also Adelaide Advertiser, November
21, 22, 1900, as to personal duty thrown on Governor under Loan Act
No. 648 of 1896. The practice in Newfoundland is also very irregular.
