GOVERNOR'S POWERS

Rotorua Morning Post, Volume 2, Issue 224, 16 May 1932, Page 6

GOVERNOR'S POWERS

MR. LANG'S OFFENCE "The present case is an instance tending to show how the Governor, as the representative of the King, is a real and essential part of the Constitution," said Mr. R. McVeagh, of Auckland, when discussing the constitutional aspect of the dismissal of Mr. Lang by the Governor of New South "Wales. "The Governor is not subject to any judicial control in the action he has taken. His Excellency, as representing the Crown, appoints Ministers who are servants of the State, and he has a right to revoke those appointments when he pleases," said Mr. McVeagh. "The only control to which the Governor is. subject is the right of reeall. If a Governor's actions be such as to be too arbitrary, capricious or unreasonable, then a case may be made out in favour of the Sovereign exercising the right of recall. Only in that way can a Governor be made responsible. His actions as Governor in relation to his Ministers cannot be called in question in any of the judicial tribunals. "This being so, a Governor is us1 ually guided in any action he takes by tlie custom and usages that have prevailed under the Constitution. , They are not a matter of fixed law, or found in any code. Emergeneies will arise when the Governor is bound to consider whether he should not take upon himself the responsibility of cancelling the commissions of his Ministers. "In the case of Mr. Lang, it appears Jhat he was guilty of a very grave breach of the law by defying the provisions of a Comrnonwealth Act in relation to taxation imposed by the Federal body upon the people of New South Wales. In such cireumstances it is inconceivable that a Governor should have any further confidence in a Minister guilty of such disobedience, and he is bound to revoke the Minister's commission and seek the assistance of other State servants whom he can trust." Mr McVeagh said New Zealand had never had a crisis such as has arisen in New South Wales, but had approached it very closely about 1890. There had been a general election, and the Ballance party was returned to power. Mr. Ballance, the Prime Minister, found that he could not get his policy measures through the Legislative Council, and he submitted a requisition to the Governor, Lord Onslow, for appointing additional Councillors. The Prime Minister had a strong case to support his requisition, in as much as the party was returned by a considerable majority at the polls. The Governor declined to make the extra appointments, and by common agreement the matter was referred to the Colonial Office. In no uncertain terms the Colonial Office held that under the Constitution the Governor was bound to take the advice of his Ministers. The additional appointments were made to the Upper House, and Mr. Ballance carried' his measures.