344 ORAL ARGUMENT OF SIR CHARLES RUSSELL, Q. C. M. P. 



Sir Charles Russell. — I am not aware of such a thing having hap- 

 pened. There is not one that applies. 



Senator Morgan. — I am not speaking about where they apply. I 

 want to know whether the British Government is responsible, as a Gov- 

 ernment, in its legislation, for these Acts. 



Sir Charles Russell. — So far as the responsibility means that it 

 has not interfered — 



Senator Morgan. — That is what I mean. 

 1132 Sir Charles Eussell. — With the legislative action within 

 the constitutional rights of the particular dependency, whether 

 a Crown Colony or self governing Colony, 1 think that is correct. 



Senator Morgan. — No question has been made of the power of the 

 Colonies to pass the respective laws that they have passed? 



Sir Charles Russell. — As far as I am aware, no. And also, I add 

 to that, as far as I am aware, there is no reason why any question 

 should be raised. 



Senator Morgan. — Perhaps not. I only wanted to know what the 

 fact was. 



Sir Charles Russell. — As far as I know, that is the fact; but if 

 you can give me any particulars in any i^recise case, I shall be glad to 

 look it up. 



Senator Morgan. — I do not refer to any case at all. I merely 

 ■wanted to know whether the Tribunal of Arbitration were to consider 

 these statutes u])on the colonial statute books as being statutes enacted 

 by the consent of the British Crown? 



Sir Charles Russell. — I have stated what the facts are, Sir, and 

 they will speak for themselves. 1 think I have already answered the 

 question. 



Senator Morgan. — I supposed that you could tell me what the fact 

 is in regard to it. 



Sir Charles Russell. — That legislation, so far as I am aware — I 

 am proceeding to examine it in detail — is all strictly limited according 

 to, and within, the proper constitutional lines. It is territorial legisla- 

 tion and territorial legislation only. 



The President. — But I believe Senator Morgan is right in saying 

 that as long as it has not been objected to by the Crown of England, 

 the Crown of England is held responsible for it. You have just stated 

 that, I think. 



Sir Charles Russell. — I think you probably. Sir, for a moment 

 were otherwise engaged. I i)ointed out that as legards a British Col- 

 ony, whether it has no constitution, and therefore no legislative assem- 

 bly of its own, or whether it has a constitution, the assent of the Queen 

 has to be given to such legislation before it can become operative. In 

 either case, it is given through the Governor of the particular Colony, 

 as in the case of Canada. The Crown moreover, even after assent has 

 been given to a legislative act by the Governor in the name of the 

 Queen, and it has become a law, has the power of disallomng any 

 colonial Act, a power which must however be exercised usually within 

 a fixed period of time. Great Britain has assented, and in that sense, 

 is clearly responsible for the legislation. 



Lord Hannen. — They are all either with the consent, or without the 

 dissent, of the English Government"? 



Sir Charles Russell. — Quite so, I rather preferred to answer the 

 question by stating what the actual facts were, which 1 have done. I 

 think at the moment, sir, you were engaged, when I was explaining it 

 to Senator Morgan. 



