WIRELESS TELEGRAPHY ACT 1905.

The Postmaster-General is given the exclusive privilege of establishing, maintaining and using stations and appliances in Australia for transmission or receipt of wireless messages, as regards communication either within Australia or with places or ships outside Australia. Provision is made for the grant of licences by the Postmaster-General, on such conditions as he may prescribe, for the establishment and use of wireless stations and appliances.

TELEGRAPH ACT 1909.

The Commonwealth Government is authorized, in case of any emergency in the nature of war or danger of war, to take possession or control of any submarine cable or wireless telegraph station and appliances within Australia.

PACIFIC CABLE ACT 1911.

The Pacific Cable Board is authorized on the part of the Commonwealth, to construct and work as part of the Pacific Cable a submarine cable between Doubtless Bay or any more convenient point in New Zealand and Australia, either direct or partly by means of a subterranean cable across the North Island of New Zealand, and any other extensions, connections, or re-arrangements in or near the Pacific Ocean which in the opinion of all the contributing Governments, are necessary or expedient for the improvement of the Pacific Cable Board's undertaking; and to apply towards the construction of that cable any moneys which it is authorized to apply to that purpose by an Act of the Parliament of the United Kingdom.

POST AND TELEGRAPH RATES ACT 1918.

By this Act an extra war postage of d. is levied on each letter, card and newspaper posted to be delivered in the Commonwealth.

Exclusion of Matter from the Mails.

The case of Ex parte Jackson, (1877) 96 U.S., 727, decided that Congress had power to pass a law authorizing the exclusion of lottery tickets from the mails. It was followed by the decision in Re Rapier, (1892) 143 U.S., 110, that Congress had an absolute discretion to determine the classes of matter which it would exclude as objectionable-irrespective altogether of the question whether Congress had power to regulate directly the subject-matter of the correspondence. In the Public Clearing House v. Coyne, (1904)

L. P.

24

194 U S., 1907, it was held that the provisions of the postal law authorizing the Postmaster-General to make a "fraud order" for the seizure and detention of all postal matter addressed to a person whom the Postmaster-General believes to be conducting a lottery or fraudulent scheme, was constitutional. In Australia, legislation similar to that thus upheld has been embodied in section 57 of the Post and Telegraph Act 1901 See The King v. Arndel, (1906) 3 C.L.R., 557. Note by Sir ROBERT GARRAN.

Classification of Mail Matter.

..

In Lewis Publishing Co v. Morgan, (1913) 229 U S., 288, it was held that—subject to the express or necessarily implied limitations of the Constitution-Congress has a comprehensive power right to classify mail matter, and may exercise its discretion for the purpose of furthering the public welfare as it understands it." Accordingly, it may favour the circulation of newspapers by special advantages, and prescribe the conditions on which these advantages may be exercised. The provisions of the Post Office Appropriation Act of 1912, United States, which deny the privileges of "second class mail matter" to periodicals unless they register with the Postmaster-General, and supply him with certain specified information. and which impose a penalty upon an editor or publisher who (after registration) prints, without marking it as "advertisement." editorial or other matter, the insertion of which is paid for, were held to be valid. Note by Sir ROBERT GARRAN.

66

§ 54. OTHER LIKE SERVICES."

Wireless Telegraphy.

In the Attorney-General for New South Wales v. Brewery Employees' Union, 6 C.L.R., at p. 501, the Chief Justice (Sir SAMUEL GRIFFITH), after observing that the meaning of the terms in the Constitution must be ascertained by their signification in 1900, said:" On the other hand, it must be remembered that with advancing civilization new developments, now unthought of, may arise with respect to many subject matters. So long as those new developments relate to the same subject matter, the powers of the Parliament will continue to extend to them. For instance, I cannot doubt that the powers of the Legislature as to posts and telegraphs extend to wireless telegraphy and to any future discoveries of a like kind, although in detail they may be quite different from posts and telegraphs and telephones as known in the nineteenth century."

51. (vi.) The naval55 and military56 defence of the Commonwealth and of the several States,

and the control of the forces to execute and maintain the laws of the Commonwealth;

Conspectus of Notes to Section 51 (v.).

$56 "MILITARY DEFENCE

LEGISLATION.

First Defence (Barton-Forrest) Act 1903.

A Citizens' Army.

In times of peace.

In time of war.

The command.

The amended command.

Defence Act 1904.

Defence (Deakin-Ewing) Bill 1908.

Defence (Deakin-Cook) Act 1909.

Service in Australia.

Service outside Australia.

Compulsory military training.

Viscount Kitchener's visit.

Defence (Pearce) Act 1910.

Defence (Pearce) Act 1911-12.

Defence (Pearce) Act 1912.

Exemptions and penalties.

Defence (Pearce) Act 1917.

Summary of exemptions.

Subject to Army Act when abroad.

Obligations of employers.

Defence (Pearce) Act 1918.

Permanent force retained.

Soldiers when discharged.

Defence (Civil Employment) Act 1918.

General summary of defence system.

Growth of Commonwealth Citizen Forces.

Arms and branches of the Citizen Forces.

War powers.

Patents, Trade Marks and Designs Act 1914.

Enemy Contracts Annulment Act 1915.

War Precautions Act 1914-15.

War Precautions Act 1918.

Trading with the Enemy Act 1914-16.

War Pensions Act 1914-16.

Unlawful Associations Act 1916.

Wheat Storage Act 1917.

The strength of the military forces of the several States on the eve of Federation, 31st December, 1900, was as follows:-New South Wales, 9,338; Victoria, 6,335; Queensland, 4,028; South Australia, 2,932; Western Australia, 2,696; Tasmania, 2,024; total for Australia, 27,353.

First Defence Act.

Under the terms of the Constitution the Commonwealth, in March, 1901, took over the government of the defence forces, and they were administered according to the law of the several States until the passage of the first Commonwealth Defence Act in 1903. The Right Hon. Sir JOHN (afterwards Lord) FORREST, was the first Minister of Defence who had the honor of formulating and introducing into Parliament, the newly federalized defence scheme. The Act, which was assented to on 22nd October, 1903, provided for the re-organization and unification of the defence forces, under Commonwealth law.

The Governor-General was authorized to raise, maintain and organize in the manner prescribed by regulations such permanent and citizen forces as "he deemed necessary for the defence and protection of the Commonwealth and of the several States."

The naval and military forces existing at the commencement of the Act were deemed to have been raised under the Act, and members thereof, without any re-appointment or re-enlistment.

A Citizen Army.

It was declared that the defence forces of Australia should consist of naval and military forces of the Commonwealth, and should be divided into two branches, called the Permanent Forces and the Citizen Forces.

No permanent military forces could be raised and maintained or organized except for administrative and instructional purposes, including Army Service, Medical and Ordnance Staffs, Garrison Artillery, Fortress Engineers, and Submarine Mining Engineers. The Permanent Forces were to consist of officers, soldiers, petty officers, and sailors who were bound to continuous naval or military service for a term. These forces were used partially for garrisoning the naval strategical bases, for maintenance of valuable stores and equipment, and above all, for the instruction of the Militia and Volunteer Forces during peace and for stiffening them in times of The Permanent Force consisted of 1,329 of all ranks. There was, in addition, a small permanent General and Instructional Staff, consisting of both commissioned and non-commissioned officers.

war.

In Time of Peace.

The Citizen Forces were divided into Militia Forces, Volunteer Forces and Reserve Forces. The Militia Forces were to consist of officers, soldiers, petty officers and sailors who are not bound to continuous naval or military service and who were partially paid for their services as prescribed.

The Militia made up the principal portion of the land forces, absorbing the great bulk of the Citizens' Army. They constituted a mobile field force of troops whose duty was to carry out active operations in the field in defence of the Commonwealth as a whole. Its principal elements were two light horse brigades and six divisions of infantry, two field artillery brigades, four companies of engineers, two companies of army service corps and three field ambulances. The members of this Militia were paid for their attendance at drills at rates which gave £12 a year to each member of the infantry and £14 to each horseman. If any member of the military forces were killed on active service or on duty, or died or became incapacitated from earning his living, from wounds or disease contracted on active service on duty, provision had to be made for his widow and family or for himself, as the case might be, out of the Consolidated