The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-06-27
The Dismissal of the Lieutcnant-Gov.
ernOr Of British Columbia.

An interesting Constitutional question
has been raised by the removal Of Mr..
MClNNRs from the Lieutenant-G Governor
ship Of British Columbia. and the appoint
ment TO that office of Sir HENRI Jolly, hith-
erto Minister Of Inland Revenue in the
Dominion Cabinet.
1t Ia. Of course. understood that, under
the British North America Act, which EN-
bodies the Constitution OF the Dominion
OF Canada, the Lieutenant Governor Of a
Province represents the Crown therein
precisely rs the Governor General does
In the Dominion at large. Theoretically,
he reigns. but does not govern. the execi-
tive functions being discharged in reality
by the head OF the Provincial Ministry
which Is responsible TO the popular branch
Of the Provincial Legislature. Such is
the theory, but, In practice, two questions
have arisen; First, has n Lieutenant
Governor the right to dismiss a Provincial
Premier who commands the support OF
the Legislature? Secondly, under what
circumstances Is a Lieutenant Governor
himself liable to removal? There seems
w w ho VA 'llhN Wiz w " lllfNt IL
Quiries must be answered in the Affirmative
A Conservative Lieutenant-Governor of
the Province of Quebec dismissed a Liberal
Premier, although the latter was backed
at the time by a majority of the Lrgislat-
W Many Liberals then contpndcd that
the Northumberland had thereby
transcribed bis p%rerogative, but he did
only what his prototype, the Qneer of
Great Britain and Ireland. has an acknOwl-
edged right to do
1t Is generally admitted, however, on both
sides OF the Atlantic. that the Queen or her
representative can have recourse to the ex-
pedient but once; that IL 10 say. if. in the GEN
eral election which follows his removal. ads
missed Premier shall obtain a majority IN the
new Legislature. he must be accepted a. IN,
executive head of the Government by the
Queen or her representative. Now let NJ
see what Iicutenant-Govcrnor MCINNFs
did. He dismissed a Provincial Govern.
ment which was able to supply evidence
that 1t commanded a majority Of the
British Columbia Assembly, and mad,
Mr.. JOSEPH MARTIN Premier. This act
vas condemned by an almost unanimou,
vote on the part Of the Legislature ther
existing. The Heutenant-G Governor gave
his nominee weeks In which To form n new
Government and months to prepare for q
contest at the ballot box. Nevertheless
at the recent election. Mr.. MARTIN wa.
overwhelmingly defeated. soon after N,
assembling Of the newly elected Legislature
the large majority Of members, returned
for the purpose Of opposing the Martin
Government, passed a resolution asking
for the dismissal of observation-disclosures
MclNNEs. With this request the Governo,
General has complied. az Sir WuFRrr
LAuRrER announced on Friday of last
wee' AZ the opening Of that days session
Of the Dominion Parliament.
We come now to the second question
raised by the incident. DID the act ot
Lieutenant-Go Governor MCISNEs afford 4
sufficient ground for his removal? let
us see what Sir WUrRTD LAUmrR sal,
about the matter on a former occasion
In the Letellier case, the present Premic-
Of the Dominion ~propounded the rollowin.
onsettutioasl doctrine; AS regards tn,