tional and state governments of the United States. In the first place
we have a recapitulation of those general or national powers that
properly belong to the central authority, such as customs and excise
duties, regulation of trade and commerce, militia and defence,
post-office, banking and coinage, railways and public works "for the
general advantage," navigation and shipping, naturalisation and aliens,
fisheries, weights and measures, marriage and divorce, penitentiaries,
criminal law, census and statistics. On the other hand, the provinces
have retained control over municipal institutions, public lands, local
works and undertakings, incorporation of companies with provincial
objects, property and civil rights, administration of justice, and
generally "all matters of a merely local and private nature in the
province." The _residuary_ power rests with the general parliament of
Canada.
The parliament of Canada, in 1875, established a supreme court, or
general court of appeal, for Canada, whose highest function is to decide
questions as to the respective legislative powers of the Dominion and
provincial parliaments, which are referred to it in due process of law
by the subordinate courts of the provinces. The decisions of this court
are already doing much to solve difficulties that impede the successful
operation of the constitution. As a rule cases come before the supreme
court on appeal from the lower courts, but the law regulating its powers
provides that the governor in council may refer any matter to this court
on which a question of constitutional jurisdiction has been raised. But
the supreme court of Canada is not necessarily the court of last resort
of Canada. The people have an inherent right as subjects of the Queen to
appeal to the judicial committee of the privy council of the United
Kingdom.
But it is not only by means of the courts that a check is imposed upon
hasty, or unconstitutional, legislation. The constitution provides that
the governor-general may veto or reserve any bill passed by the two
houses of parliament when it conflicts with imperial interests or
imperial legislation. It is now understood that the reserve power of
disallowance which her Majesty's government possesses under the law is
sufficient to meet all possible cases. This sovereign power is never
exercised except in the case of an act clearly in conflict with an
imperial statute or in violation of a treaty affecting a foreign nation
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