Blacket K.C. and Pickburn, for the respondent, were not called H. C. upon.
GRIFFITH C.J. The plaintiff was employed by the Railway Department of New South Wales. He alleges in his declaration that at a time not mentioned, but which we are told was in 1886, the then Commissioner of Railways promised that if he continued in the service until he attained the age of sixty years the Government would pay him a gratuity on his retirement. The question is whether such a promise is binding upon the Govern- ment. The learned Judge at the trial was of opinion that it was not, and that any evidence as to the terms of the alleged promise was irrelevant. He therefore rejected the evidence tendered on the point, SO that there was nothing to go to the jury, and the plaintiff was nonsuited.
The appellant's counsel relied upon company cases, in which directors of companies had granted gratuities or pensions to retiring servants or the dependants of deceased servants, and one case in which directors had given extra payment for past services. The questions to be determined in those cases were, first. whether it was within the objects of the company, i.e., within its corporate power, to make payments of the particular kind, and, secondly, whether it was within the powers of the directors administering the affairs of the company to authorize the payments. Those cases, however, have no relation to an action against the Government.
The principles of constitutional government are well settled. One most important principle is that no public money can be expended without the authority of Parliament, which, in theory (though not always in fact), is given in advance. How, then, can any other authority, even the Executive Council or a Minister, make a binding promise that money shall be paid irrespective of the sanction of Parliament Of course it is impossible. It is equally impossible for a superior officer adminis- tering a department of Government to make such a promise. It is impossible for any officer without statutory authority, such as is given, for instance, in the case of mail contracts, to pledge the revenue of the Crown for future years. It has never been