The Dominions Office, the Secretary of State and Governor Game

Although not directly involved in the crisis, the Dominions Office closely and carefully monitored the constitutional situation confronting Governor Game. It prepared a draft memorandum outlining the political and legal position, which together with other opinions from Law Officers, was submitted to the british Cabinet by the Secretary of State. Some of the advice suggested that:

• The King's role in the affairs of NSW ministers should be minimal and be reactive rather than proactive
• The powers of the Dominions Office should be used as a matter of last resort
• The UK should ensure that all proper processes were followed.

Sir Phillip Game decorating a police officer, c1938
[Courtesy of News Ltd Photolibrary]

Game believed that Ministers who could not 'carry on essential services without breaking the law' should 'tender their resignation' and if they did not he should obtain other Ministers.

These reasons are in contrast to other interpretations of documents which suggest the Secretary of State may have expected Game to let the situation be tested in the Courts and that the Governor, in dismissing Lang, could be acting unconstitutionally where a remedy in the Courts remains available.

Sir Phillip Street, Chief Justice of NSW c. 1930s
[Courtesy of News Ltd Photo library]

The role of the Chief Justice

A.S. Morrison believes that the influence of the Chief Justice of New South Wales, Sir Philip Street was a considerable factor in the decision to dismiss Lang. This is also shown by Lang's own recollections.

Whether or not a Governor or Governor-General should as a matter of constitutional practice seek legal advice from a Chief Justice remains a contentious issue. Morrison notes that in this instance Lang never denied acting illegally and he failed to supply the opinion of the Crown Law Officers which he promised. For a Governor without legal training, Game's options were rather limited.

An interview with J.T. Lang

On the 19 March, 1975 J. T. Lang, aged ninety-eight was interviewed by A.S. Morrison in relation to the content of Game’s communication with the Dominions Office. A number of points were made by Lang, including:

• His recollections on the question of ‘swamping’ the Legislative Council are in complete contrast to Game's dispatch of 29 December, 1930
• He referred to those who had influence over the Governor, as being 'our enemies led by the Chief Justice of New South Wales . . .'
• Asked whether he thought it proper for Game to take legal advice from the Chief Justice, Lang said 'No, of course it wasn't'
• His interviews with Game were always ‘amiable and friendly’ but his 'decisions quite different afterwards'
• He said that he was not willing to put the abolition of the Legislative Council to a referendum because, 'I didn't want to be told what to do, I was elected and my policy was the abolition of the upper house'
• He felt that he was dismissed because he taxed mortgages. 'The pressure came on the Governor when we taxed mortgages. It became overwhelming at that stage to dismiss me'.

The Dismissal

Morrison questions why Lang so meekly accepted his dismissal. Morrison does not believe Lang was testing public opinion in NSW. He sees Lang as a shrewd and knowledgeable politician who may have taken a long term gamble that the dismissal would assist his Federal ambitions and perhaps Lang felt it better to be dismissed by the Governor rather to oversee the financial collapse of his administration at the hands of the Federal Labor Government.