criminal law and procedure, provincial executive, transportation, etc., and add, many more details, such as bounties on the production and expor of goods, telephones, astronomical observations, insurance, trading and financial corporations, old age pensions, execution of process and judgments of State courts, recognition throughout the Union of the law, acts, records, and judicial proceedings of States, emigration and immigration, external affairs, relations with the islands of the Pacific, acquisition of property, control of railways for naval and military purposes, acquisition and eonstruction of railroads with the consent of the State, interference in industrial disputes extending beyond State limits, etc., (Aust. 51). To these may be added the exclusive powers to make laws in regard to the seat of government, all public property, and the departments of the public service taken over by the government, riz., posts, telegraphs and telephones, defense, shore signals, and quarantine (Aust. 69, 52). Furthermore the Commonwealth may not tax any kind of State property (Aust. 114), lay discriminating taxes (Aust. 51 (2)), or prohibit religious freedom (Aust. 116).56

No such list of powers is set forth in the South Africa Act, but it serves to show what the framers of the Australian and Canadian constitutions intended to cover by the phrase "peace, order and good government." and therefore, may indicate the scope of the same clause in the South Africa Act, save as limited by the powers granted to the provincial legislatures. There are, however, distributed throughout the constitution, certain powers which are granted to the federal parliament; as to fix the constitution of the Senate after ten years (S. A. 25), the qualifications of voters for member of the House of Assembly (S. A. 35), the powers, privileges and immunities of parliament and its members (S. A. 57), the appointment, tenure, retirement and superannuation of public officers (S. A. 83), fix the salary and request the removal of Supreme Court judges (S. A. 100, 101), limit appeals to the Privy Council (S. A. 106) and provide for the levy of duties of customs and excise (S. A. 136),57

56 Compare U. S. Const., Amendment 1.

57 A fairly complete list of the other parliamentary powers distributed throughout the constitutions follows:

South Africa: Regulate borrowing of money by provinces (S. A. 85); regu

All of the constitutions contain provisions regarding money bills. In South Africa they must originate in the House and may not be amended in the Senate which, moreover, may not amend any bill so as to increase any proposed burden or charge on the people (S A. 60). This provision is borrowed almost bodily from the Australia Act (Aust. 53), but this act allows the House to return any such bill to the Senate with the request to omit or amend any provisions. therein. The British North America Act, on the other hand, merely requires that money bills shall originate in the lower house (Can.

late taking of evidence as to enactment of special laws (S. A. 88); approve the remuneration of the Auditor of Accounts (S. A. 92); provide for settling election disputes (S. A. 98 (iv)); request admission of new provinces (S. A. 149) ; request admission of territories (S. A. 150); make appropriations of money (S. A. 117, 125, 119); change regulations in regard to elections (S. A. 132); approve withdrawal of compensation to capitals of former colonies (S. A. 131); fix powers of Public Service Commission (S. A. 142); determine pensions otherwise unprovided for (S. A. 146); delegate the appointing power of the governorgeneral in council (S. A. 15); delegate the powers and functions of the governorgeneral in council (S. A. 16); increase membership of House of Assembly (S. A. 34); regulate payment of salaries to members of parliament (S. A. 56); fix salaries of administrators (S. A. 69); approve rules of court procedure (S. A. 107).

Canada: Alter powers and functions of governor-general (Can. 12); define privileges, immunities and powers of members of parliament (Can. 18); readjust the representation of the four provinces (Can. 51); increase number of mem bers of House of Commons (Can. 52); alter qualifications of members and mode of their election for House of Commons (Can. 41); fix quorum of Senate (Can. 35); fix salary of lieutenant-governors (Can. 60); establish court of appeal and additional courts (Can. 101); request removal of judges of superior courts (Can. 99); fix salaries of provincial and admiralty judges (Can. 100); request admission of new colonies (Can. 146); establish new provinces (Can. 2, Act 1871); alter limits of provinces (Can. 3, Act 1871); legislate for any territory (Can. 4, Act 1871); alter customs and excise laws of each province (Can. 122); provide for audit of collection of revenue (Can. 103); alter salary of governor-general (Can. 105); appropriate for the public service (Can. 106); alter and repeal certain old provincial laws (Can. 129); provide for appointment of officers (Can. 131); perform obligations of treaties (Can. 132); provide for representation of territories (Can. 1, Act 1886); unify, with consent of the provinces, the laws of property, civil rights and procedure in certain provinces (Can. 94); legislate concerning agriculture and immigration for all of the provinces (Can. 95).

Australia: Legislate concerning detention by States of offenders against federal laws (Aust. 120); annual State inspection laws (Aust. 112); prescribe

53). All of the constitutions are alike in providing against the passage of such a bill to any purpose that has not been first recommended to the House by the governor-general (S. A. 62, Aust. 56, Can. 54). Save the origin of money bills, these provisions are novel enough to Americans whose constitution expressly provides that the Senate may amend revenue bills" as any other bills" (U. S. Const. Art. 1, sec. 7). The provisions, however, merely put in written form a custom which appears to have been followed in Great Britain for over two centuries.58

additional justices for the High Court (Aust. 71); request removal of justices of the High Court (Aust. 72); fix remuneration of justices of the High Court (Aust. 72); provide for actions against the Commonwealth or a State (Aust. 78); make exceptions to and regulations for jurisdiction of the High Court (Aust. 73); fix quorum of federal courts (Aust. 79); confer original jurisdiction on the High Court in certain matters (Aust. 76); limit appeals to the Privy Council (Aust. 74); establish conditions of admission and representation of new States (Aust. 121); make laws for the government and representation of new territories (Aust. 122); alter the limits of a State with its consent (Aust. 123); fix compensation for State property acquired (Aust. 85); grant financial assistance to a State (Aust. 96); exclusive power to impose duties (Aust. 90); fix number, salary and offices of ministers (Aust. 65, 66); delegate the appointing power (Aust. 67); fix electoral divisions for senators (Aust. 7); fix number of senators to a State (Aust. 7); prescribe qualification of electors of senators (Aust. 8); prescribe uniform method of choosing senators (Aust. 9); legislate for elections of representatives (Aust. 10); regulate rotation of senators (Aust. 14); change method of determining representation in the House (Aust. 24); legislate for determining electoral divisions for the House (Aust. 29); prescribe qualifications of representatives (Aust. 34); legislate for elections of representatives (Aust. 31); prescribe qualifications of electors of representatives (Aust. 30); fix quorum in the House (Aust. 39); provide for determination of qualifications or elections of members of parliament (Aust. 47); fix penalty for unqualified person sitting in parliament (Aust. 46); fix salary of representatives and senators (Aust. 48); declare powers, privileges and immunities of parliament and its members (Aust. 49); make rules for conduct of its business and exercise of its powers and privileges and immunities (Aust. 50); legislate as to duties and balances of revenue paid to States (Aust. 93); provide for monthly payment of surplus revenues to States (Aust. 94); legislate with respect to navigation and shipping and State railways (Aust. 98); request removal and fix salary of Inter-State Commissioners (Aust. 103); fix powers of adjudication and administration of Inter-State Commission (Aust. 101); prohibit preference or discrimination as to railways (Aust. 102).

58 Quick and Garran, Const. of Aust. Com., p. 667, citing May's Parl. Proc., 10th Ed. 542.

The South Africa Act follows the Australia Act in the excellent provision that an appropriation bill "shall deal only with such appropriation" (S. A. 61, Aust. 54), thus avoiding the addition of ̈ riders" which might slip through parliament unnoticed and which would prejudice in these countries the right of amendment by the Senate. The provision is not found in the British North America Act, though it is said to have been a recognized constitutional rule in England for 200 years.

It is evident that if the Senate, thus shorn of power, refused to agree to a bill a deadlock might result. But the essence of parliamentary government is that the ministry obtain legislation or resign. In order to adapt parliamentary government to a bicameral legislature, the South Africa and Australia Acts have introduced a scheme not found in the Canadian constitution nor perhaps unfortunately in our own. If a bill passes the House and is rejected by the Senate or passed with amendments undesirable to the House and if after an interval (three months in Australia and at the next session in South Africa), the House again passes the bill and it is rejected or amended by the Senate as before, the governor-general may convene a joint sitting of both houses. In Australia he dissolves the parliament before the joint sitting is convened. The members deliberate together and if the bill is affirmed by a majority of the number of members present (of the total number in Australia), it is taken as duly passed by both houses of parliament. In the case of bills appropriating money for the public service, the South Africa Act provides that the joint sitting may be convened during the same session (S. A. 63, Aust. 57). Clearly it might happen that the majority in the House in favor of a bill would be the same as the majority in the Senate against the bill up to a number which would be one less than the whole number of senators. In that event the majorities would cancel each other at the joint sitting and the remainder of each house be equally divided. While this chance of a deadlock seems perfectly possible, in practice, however, it would probably seldom occur, especially in Australia where the parliament is dissolved and "goes back to the country" before the joint sitting is convened.

The last event in the history of a bill is similarly provided for in all of the three constitutions. This is the royal assent which is the print where the erown has opportunity to touch and in some degree

uld legislation. When a bill has passed both houses it is presented to the governor-general for his assent, or dissent in the King's Late, or reservation for the crown's pleasure, which he shall declare according to his discretion but subject to the constitution and his instructions from the King (S. A. 64, Aust. 58, Can. 55). This is thought to be a valuable charter to local and special interests in South Africa besides establishing harmony between England and the colony. The practice of limiting the assenting powers of the governor-genral was first put in statutory form in 1842 5 and 6 Viet. c. 76, sec. 4 and supplemented by several later acts.39 The clause as to instrucions is omitted from the Australia Act and appears in the Surå Aftica Act as an amendment made by the second convention Flemántein. At the same time an amendment was added that All tills repealing or amending this section or any of the provisions ter 4 under the heading House of Assem ly" and all bills ng provincial cennells or alizing the powers conferred on uncils un fer section eighty-five, otherwise than in accordance provisions of that section shall he se reserved.

This is evidently a safeguard added at the instance of the weaker provinces, of which Natal was, as we have seen, the most jealous of ber rights... Also all bills altering or amending any provisions of the Schedule ca native afairs are to be reserved S. A. Scheinle, 251. After the gem general receives a bill he may return the same to e criminating house with any amen iments which he may recommen and the house may deal with the recommendation S. A. 64. This is bromed from the Australia Art Aust. 38. The King may Hallow any law within one year after the assent ffle gum beneral, and such disallowance takes effer from the Tan the (termoregeneral notifies parliament of the same S. A. 65. is taken bodily from the Australian ernstitution Anst. 391 und in enterne is the same as the corresponding provision of the Fritid Na Ameria At, except that the latter allows a period

33 Quick and Garran. Const. of Aust. Com, a 20