of two years within which a law may be disallowed (Can. 56). That the governor will perform this duty is insured by his appointment from the crown, who can replace him by one who will follow the royal instructions. In practice, however, though the veto of the crown is used upon the advice of his responsible ministers and of the Commons and is considered to be a living power, the King rarely disallows an act of a self-governing colony. It has become the custom to limit disallowance to acts involving the whole British Empire, such as acts contrary to a general British statute or an Imperial treaty. Thus some years ago Canada adopted a protective tariff system which she applied also to England. Great Britain threatened to disallow the act, but Canada protesting, the matter was dropped. As to the reservation of bills for the King's pleasure, the South Africa Act follows exactly the provisions of the Canadian and Australian constitutions, to the effect that a reserved bill shall have no force unless and until within one year from the day it was presented to the governor-general, he notifies parliament of the King's assent thereto; save that in Canada and Australia the period is two years (S. A. 66, Aust. 60, Can. 57). Formerly in Canada the crown directed the governor-general to reserve certain classes of acts, but this practice has been discontinued and the Dominion has thus gained more complete autonomy.

The equality of languages is as well provided for in South Africa as it is in Canada. In South Africa the laws are to be enrolled in both languages, two copies of which, one signed by the governorgeneral, are deposited with the Appellate Court, and in case of conflict between the two copies, that signed by the governor-general shall prevail (S. A. 67). There is a similar requirement for provincial ordinances (S. A. 91). The governor-general being an Englishman would in all probability prefer to sign the English copy, thus putting the English language in this particular above the Dutch. This slight inequality, moreover, does not appear to be overcome by the additional section which in general terms states that both shall be the official languages of the Union, enjoy equal freedom, rights, and privileges, and be used in all records and proceedings of parliament as well as in all bills, acts and notices of general public inter

SANTA Can 155. Furthermore to ser in the service of the eles shall be dispensed with at union for his lack of knowlof diver language S. A. 145.

The Posers of the Provincial Lezislatures

In designating the powers of the local legislatures the South Afriran Copeltation reemble the Canadian in that both set forth a list of subject with respect to which the law-making bodies may legislate (S. A. 85. Can. 92). The latter act states that these subjects are exclusively for provincial legislation: the South Africa Act makes no such statement but provides that any act of parliament abridging any of the powers thus conferred on the provincial councile shall be reserved for the King's pleasure (S. A. 64).

The extreme local nature of the topics within the realm of provincial legislation in South Africa may be seen from the following partial list: taxation for provincial purposes, borrowing money according to rules framed by parliament, lower education for five years or until parliament otherwise provides, agriculture subject to conditions imposed by parliament, charitable institutions, municipal and other like local institutions, local works within a single province other than railways and harbors, roads and bridges within one province, fish and game preservation, penalties and imprisonment for enforcing local laws, and other subjects of legislation which parliament may delegate to the provincial councils. Moreover the acts of this body are not dignified by the name laws but are called ordinances (S. A. 85).

With these powers should be compared those of the Canadian provinces, which include most of the above, together with the following: amendment of the local constitution; appointment, tenure and

6 The provisions on the equality of the languages are said to be due to the Ploquence of Mr. Steyn, former president of the Dutch Republic. The compromise seems to have been proposed in the convention by an English delegate. This and other evidences of conciliation in the convention are believed to have killed party spirit for some time. A Boer majority, however, may be expected, it is said, for the Boers are clanish and favor their own people. Files of "South Africa," October, 1908-October, 1909.

pay of provincial officers; management of public lands belonging to the provinces; establishment of prisons; transportation and telegraph lines wholly within a province; provincial corporations; property and civil rights; provincial courts; education subject to certain restrictions as to denominational and dissentient schools (Can. 92, 93). It is especially enjoined, however, that the lands or property belonging to Canada or the provinces shall not be subject to taxation (Can. 125). If upon comparing the topics of provincial control in Canada with those granted to the Canadian parliament, they be found to overlap in some respects, parliament would seem to take precedence from the following clause of the section which grants power to parliament:

61

And any matter coming within any of the classes of subjects enumerated in this section shall not be deemed to come within the class of matters of a local or private nature comprised in the enumeration of the classes of subjects by this act assigned exclusively to the legislatures of the provinces. (Can. 91).

shall unless it

The constitution of Australia does not set out the legislative powers of a State in detail but provides that every power of the parliament of a colony * is by this constitution exclusively vested in the parliament of the Commonwealth or withdrawn from the parliament of the State, continue, as at the establishment of the Commonwealth *. (Aust. 107.) 62

*

*

There are, however, in the succeeding sections certain duties and restrictions set forth. Thus, a State may surrender any part thereof to the Union which thereupon assumes exclusive jurisdiction; a State may levy on imports, exports, or interstate commerce charges sufficient to defray the State inspection laws; intoxicating liquids found in a State are subject thereto as if produced therein; a State may not maintain a naval or military force, tax public property of Australia or vice versa, coin money, make any thing but gold and silver a legal tender in payment of debts, or discriminate against residents of other States (Aust. 111-115, 117). It is further enjoined that

61 Compare McCulloch v. Maryland, 4 Wheaton 316; Dobbins v. Commissioners of Erie Co., 16 Peters 435; Collector v. Day, 11 Wallace 113.

62 Compare U. S. Const., Amendment 10.

* Compare 17 § Const. Art. 1. See. 10: Art. 4. Sers. 1. 2.

*4 Mont, of the other powers of the promise al bevators Lstricted threaghAt the acetitutione are here bringat together:

Alter powers and finetions of lentemant-governors Can 65 : alter form of men er of quem szivative scupel Can 72: Quenee legislative *,,to,, to meet a questions of qualification or vacancy Can 76 : Quebec legis***** may determine the quorum Can. 78; legislatures of Quebee and Ontario

alter certain qualifications of members of the legislative assemblies Can. #zatim of (a enee and Ontario may alter mode of election and qualififabiona of voters for the legislative assemblies an. 4; exercise same powers aa to money but, recommendation of money votes, as parliament Can. 90: jegikate concerning agriculture of and immigration into the province (Can. 95) aspropriate money for the provinces (Can. 126; alter or repeal certain old lame Car 1294.

Australia: Consent to formation of new States by union or separation (Aust. 1a; fix method of choosing senators (Aust. 91: surrender any part of State to Commonwealth (Aust. 111); alter and repeal old laws (Aust. 108); consent to alter limits of State (Aust. 123).

Houth Africa: Alter or repeal old laws (S. A. 135).

council is to be presented to the governor-general in council for his assent, dissent or reservation, which he must pronounce within one month, and an ordinance so reserved has no force unless or until within one year the governor-general in council proclaims his assent (S. A. 90); and the laws receiving such assent shall be enrolled in both English and Dutch and deposited with the Appellate Court (S. A. 91). Finally, "all powers, authorities and functions lawfully exercised at the establishment of the Union by * local authority shall be and remain in force" until changed by parliament or council (S. A. 93).

*

We are now perhaps in a better position to discuss the broad question of division of powers which was raised above, and to consider the position of the provinces in the various constitutional systems. In the first place it will be noted that in South Africa the organization of the provinces and their fundamental laws are to be found in the South Africa Act. They have no local constitutions such as the provinces in Canada and the States in Australia brought with them into the Union (Aust. 106, Can. 92 (1)) and still enjoy. Hence the South African provinces have no power of amendment as is expressly granted to the political divisions of Canada and Australia in respect to their local constitutions. Moreover, the South Africa Act provides that an ordinance of a provincial council shall have effect as long and as far only as it is not repugnant to any act of parliament (S. A. 86). Furthermore, the power of amending any portion of the South Africa Act lies in the Union parliament (S. A. 152) subject to the restriction that bills abridging powers of provincial councils shall be reserved for the King's pleasure (S. A. 64). Thus it is seen that the province in South Africa is not dignified by a constitution; it has no control over private law; its ordinances are subject to the acts of parliament; and the same agent may with the consent of the crown shear it of the few powers it possesses. Centralization is further achieved by the Union government taking over all public lands, works, revenues, debts, etc. Indeed this form of government is likely to create a unity of feeling instead of foster