Judicial power, 655, 719, 806. Separa-
tion of, 719. Executive encroach- ments on, 720. Legislative encroach- ments on, 721. Does not include political questions, 722. Legislation incidental to, 655, 723. Vested in federal courts. 723. Whether it in- cludes extra-judicial opinions, 765. Matters within the limits of, federal power to confer rights to Commonwealth or States, 804. In territories, 973. Judiciary. Federal, resolutions as to,
in 1891 Convention, 129, 133; at Adelaide session, 169. Is a Co- ordinate department, 723. Jurisdiction. 736. Mode of proof of
facts conferring, is matter of pro- cedure, 772. Federal, not presumed, 784. Common law, 785. Of inferior federal courts, power of Parliament to define and make exclusive, 802. Federal, Parliament may invest State courts with, 803; and prescribe number of judges to exercise, 807. Concurrent, 803.
Jury, in civil cases, 727. Trial by, on indictment, 808, 810.
Justices of federal courts, 727.
number and precedence. 727. Ap- pointment of, 727, 729. Tenure and removal, 730 Responsibility of Ministers for removal, 732. Power to suspend, 733. Reasons for security of tenure, ib. Remunera- tion of, 734.
Of High Court, appeals from to High Court in appellate jurisdiction,
Labouchere, Henry, 93. Reply to Wentworth's memorial, 94.
Labour Party, criticism of 1891 Bill by, 144, 145. At Convention elections, 163. Objections to Convention Bill, 206.
Lang, Dr. John Dunmore, 91, 92, 99. Law, questions of, 743, 914. Constitu- tionality of, see Unconstitutional. Laws of the Commonwealth, 346, 357,
809. Are binding on courts, &c., 353-6. Disallowance of, 692. Cases arising under, 797. Offences against, 809.
Of the States, 356. Saving of, 937. Inconsistency of, with federal law,
938. Legal Tender, federal power as to, 575. In United States, b. Imperial con- trol of, ib. States may not make anything but gold and silver coin,
Legislative power of the Common- wealth, 384-5, 508, 653; classified,
509; plenary nature of, ib. ; limita- tions of, 510; nature and distribution
of, 511. Distinguished from judicial, 721. Declaratory and retrospective legislation, ib.
License, for sale of liquor, 527. For business, 532. Imposition or appro- priation of fees for, 668.
Lighthouses and lightships, 85, 91, 94. Federal power as to, 565. Transfer of departments of, 714. State power as to, 853.
Limits, territorial (see Territorial limits). Of constitutional powers, appeals in questions as to, 756. Of States, alteration of, 973.
Liquor, importation and sale of, 537, 548, 944. Prohibition of sale of, 544-7, 947. Wilson Act (U.S.), 538,
Lord Howe Island, 376. Lords spiritual, 303-4; Temporal, 304-5. Mandamus, 780. Against officer of the Commonwealth, 778, 781. American
cases, 778. General jurisdiction in, 780. Manufacture is not commerce, 518. Marginal Notes of statute, 281. Maritime jurisdiction. See Admiralty. Marriage, federal power as to, 608. Matrimonial causes, federal power as to, 611.
Matters referred by State Parliaments, legislative power in respect of, 648. Incidental to execution of power, 651. In which High Court has original jurisdiction, 765; or may be invested with additional jurisdic- tion, 789.
Melbourne, foundation of, 52.
Federal Parliament to meet at, till it meets at the seat of Government, 978. Members of one House ineligible for the other, 488. Of Parliament, dis- qualifications of, 489; allowance to, 499; privileges of, 500, 507. Meteorological observations, federal power as to, 566.
Ministers of State for the Common-
wealth, 709. Appointment of, to administer departments, 708. To sit in Parliament, 128, 711. Not disqualified, 493. Must be members of Federal Executive Council, 705. Without portfolios, 705, 711. Number and salaries of, 712.
For a State, not disqualified, 493. Misbehaviour, judicial, 731.
Money bills, "compromise of 1891," 128, 129, 131, 138. Discussed at Adelaide session, 166, 169, 172. Suggestions of Parliaments, 182, 186. Sydney session, 189.
Origination of, 667. Amendment Suggestion of amend-
ments, 671. Monopolies, federal regulation of, 538. Murray River, customs treaties, 100, 101. Railway across, 109. Nation defined, 371. National and federal, 334-42. Naturalization, federal power as to, 601; in the United States, ib. Canadian cases as to, 602. Under colonial laws, 603. See Aliens. Navigation and shipping, included in commerce, 517, 540, 542, 873-4. See Waters.
New Guinea, attempted annexation of, by Queensland, 110, 113. Descrip- tion of, 376.
New South Wales, Foundation of, 29. First statutory authority, 35. Con- stitutions of 1823 and 1828, 36. First representative legislature, 38. Australian Colonies Government Act, 1850, 40. Demand for responsible government, 41. Constitution Sta- tute and Act, 42. Responsible government, 44. Amendment of the Constitution, 47. Enlarged legisla- tive powers, 48. Original extent of, 79. Description and administration of, 373. Seat of Government to be in, 978. See Table of Contents. New States, admission or establishment
of, 966. Modes of creating, 967; terms and conditions, 969. Forma- tion of, by separation or union, 975. New Zealand, discovered, 26. Circum-
navigated, 27. First settlement of, 75. Queen's sovereignty proclaimed, ib. Separation from N.S.W., 75, 79. The new Constitution, 76 Respon- sible government, 77. Provinces abolished, 78. Reforms, ib.
Federal resolutions of 1890, 123. Attitude towards Federation, 228. Suggests amendments in the Con- stitution of the Commonwealth, 233, 234, 237. Description of, 373. Proposed island Federation, 251, 639. Norfolk Island, 376. Oath of allegiance, 488. Offence defined, 492. Conviction for,
disqualifies for Parliament, 490, 492. Common law, jurisdiction over, 785, 809. Against law of the Common- wealth, 809. Breach of statutory prohibition is, 809.
Office of profit, 490, 492. Officers of army or navy, not disquali
fied, 494. Federal, incidental legis- lative power as to, 655; appointment and removal of, 712; mandamus, prohibition, or injunction against, 778. Of the Commonwealth, who are, 783. Of the transferred depart- ments, 817.
Orders. See Rules and Orders.
Original Package, doctrine of, 524, 527, 536, 537, 846.
Pacific islands, federal power as to rela- tions of Commonwealth with, 637. British control in, ib. British pos-
sessions in, 639. Projects of New Zealand as to, ib.
Paper money, federal power as to, 579. Parental rights, federal power as to, 611.
Parkes, Sir Henry, advocates Federa-
tion, 103. Federal Council Bill of 1867, 104. Proposed tariff agree- ment in 1880, 107. Federal Council resolutions, ib.; Bill, 108. Changes his views as to Federal Council, 113. Suggests Federal Parliament and Executive, 117. Suggests National Convention, 118. Consents to pre- liminary conference, 119. Resolu- tions in Conference. 120; in N.S. W. Parliament, 123. President of 1891 Convention, 124. Convention, 124-6.
Resolutions in Eulogy of 1891
Bill, 141. Proposed resolutions in N.S.W. Parliament, 144.
Parliament, Federal, debates in 1891 Convention as to, 128, 133; at Adelaide session, 168, 173. Deriva- tion and prototypes of, 383. Queen is part of, 385. Sessions of, 404, 406. Prorogation of, 404, 407. Sum- moning of first, 409. Return of writs, 410. Yearly session, ib. See Elections, Members, Legislative power.
Parliament, Imperial, the Common- wealth Bill before, 242-9. Powers exercisable by, federal power as to, 650. Parliaments, State, 928. Continuance of powers of, unless exclusively vested in Federal Parliament or withdrawn, 933. Concurrent powers of, 934. Restricted powers of, 936. b. New legislative powers of, Powers of alteration and repeal, 937. May surrender territory, 941. Parties, federal jurisdiction depending on, 737, 772, 773, 775.
Passengers, State registration of, 526 ; State tax on, 528, 555; federal tax on foreign, valid, 542.
Passing of Commonwealth Constitution Act, 331.
Patents of inventions, federal power as to, 596. English, American, and Canadian cases, 597.
Payment to members of Parliament, 499. To States, of three-fourths of net customs and excise, see Braddon clause. Of surplus revenue, see Revenue.
Peace, order, and good government, Effect of the words, 512, 658. Penalty for sitting when disqualified, 495. Imposition or appropriation of, 667. Pensions, from Crown, disqualify for Parliament, 493; exceptions, 494. Invalid and old-age, federal power as to, 204, 612.
People of the Colonies, their agreement
to federate, 290-2; union of, 332, 366. Of Commonwealth and States, 418, 447, 449, 957; privileges and immunities of, 958.
Person, includes corporation, 777, 793. Pilots, validity of State laws as to, 529, 541, 853.
Plantations, use of the term, 1. Com- mittee on Trade and, 83.
Police powers of States, 525, 526. Defined, 533. Restriction of inter- state commerce by, 847, 850-3. Limits of, 853.
Ports, State powers as to, 853.
ence to, 875. Posts, telegraphs, and telephones, federal power as to, 559. Transfer of depart- ments of, 714.
Powers of the Houses, 501, 507, 654; in respect of laws, 662, 673; to address Crown for removal of Judges, 731; to allow State bounties, 843. Federal and State, overlapping, 583. federal officers and departments, 655. Constitutional, questions as to the limits of, 757. See Executive, Judicial, Legislative, Exclusive, Concurrent, Incidental, and Implied powers. Preamble, 284-5. Of the Common-
wealth Act, 204, 230, 238, 240-9, 282-34. Recognition of God in, 287, 952.
Preference, 551, 877, 912-5.
constitutes, is a question of law, 743, 745, 914. By Commonwealth, for- bidden, 875, 905.
Undue or unreasonable, 905-15; Parliament may forbid States to give, 901, 904. English legislation and cases, 905; American, 910. Group rates, 908; competitive, 908, 912, 914, 916; long and short haul, 911, 916. Due regard must be had to financial responsibilities of States, 917. Inter-State Commission is judge of unreasonableness, 744-6, 915, 918. See Discrimination. Prerogative, 322-3, 406, 707. Of grant-
ing or refusing dissolution, 407, 464. Of Queen in Council to grant special leave to appeal, 750; not impaired without express words, 760; power of colonial legislatures to limit, 761; Parliament may make laws limiting, ib. In territories, 973.
President of Senate, election of, 440; absence of, 441; vote of, 444. Privileges of the Parliament. 501, 507. Of colonial legislatures, 503. Privi- leges and immunities of people of Commonwealth and States, 958; enforcement of, 959.
Privy Council, Committee of, on Trade and Plantations, 83. History of, 329-30. Judicial Committee of, 751. See Queen in Council.
Process, service and execution of, 614-7- Recognition of, 620.
Proclamation of Commonwealth, 250,
331-2, 344. Of date of transfer of departments, 714.
Production distinguished from com- merce, 518. Bounties on, see Bounties.
Prohibition, State laws as to, 537.
Whether included in "regulation,' 547. Writ of, 780, 782; against an officer of the Commonwealth, 783. Statutory, breach of, is an offence, 809.
Promissory notes. See Bills of Ex- change.
Property, acquisition of. for public purposes, 204. Used in connection with transferred departments, 820. Proposed laws, meaning of, 663, 674- Royal assent to, 688. Reserved, signification of Queen's pleasure on, 693.
Punctuation of statute, 282. Qualification, of electors of senators,
423. Of senators, 439. Of electors of House of Representatives, 467 (see Franchise, Electors). Of members of the House of Representatives, 474. Trial of question of, 495.
Quarantine, 112. Federal power as to, 566. In United States, 567. Cana- dian cases, 567. Transfer of depart- ments of, 714. State power as to, 854, 857.
Queen, The, legislative authority of, 301-3. References to, 321-4. In the Federal Parliament, 385. Bills pre- sented to Governor-General for her assent, 692. Signification of her pleasure on bills reserved, 693. Executive power vested in, 701. See Crown.
Queen in Council, no appeal as of right to, from High Court, 746, 750. Pre- rogative right to grant special leave of appeal, 746, 748, 750, 761. When special leave will be granted, 752. Parliament may limit matters in which leave may be asked, 761; but laws limiting must be reserved, 763. Limitation of prerogative as regards constitutional questions, 753, 755,
758-9. No appeal upon constitutional questions unless the High Court certifies, 759.
Queensland. Moreton Bay settlement,
72. Separation of, 72, 99. Constitu- tion of, 73. Relations of the two Houses in, 74. Reforms, 74.
Reply of to federal proposals in 1860, 99. Annexation of New Guinea by, 110. Executive Government of, passes federal resolutions in 1883, ib. Joins Federal Council, 114, 377. Federal resolutions in 1890, 123.
Fails to join Convention of 1897-8, 162, 187, 193. Secures amendment as to Senate electorates, 220. Adopts Constitution 223. Description of, 374. Senate electorates in, 421. Question, constitutional, 754. Of fact or law, see Fact, Law.
Quorum of Senate, 443. Of House of
Representatives, 482.
Quota for House of Representatives, 445, 454.
Race, people of disfranchised, special laws as to, 622.
Railway rates, debates at 1891 Con- vention, 137; at Adelaide session, 171, 178; at Melbourne session, 199; criticism of clauses, 207, 211.
Principles of making, 913. Prohibi- tive, are unlawful, 916. Competitive, ib. Long and short haul, ib. Develop- mental, 920. See Preference. Railways of the States, federal control of, 169, 176, 199; for naval and military purposes, 642. Financial responsibilities in connection with, 202, 917. Are instruments of com- merce, 517, 541. Federal power to acquire, 643. State control of, 856. Commerce power extends to, 874. Powers of Inter-state Commission with respect to, 899, 905. See Inter-state Commission.
Of the Commonwealth, power to construct and extend, 645. Prefer- ences upon, 905.
Reasonable. what is, usually a question
of fact, 744, 914-5. Use of waters of rivers, 890; analogy with common law, 892; with preference clauses, ib. See Preference.
Recognition of State Acts, &c., federal power as to, 620. See Faith and Credit.
Reference by States, legislative power in respect of 648.
Referendum on the Commonwealth
Bill of 1898, 206-13; of 1899, 221-6, 249. Suggested, in case of dead- locks 167, 180, 183, 190-1, 203. On amendments of the Constitution, 987, 992.
Regulations for appellate jurisdiction of High Court, 738. Of trade, com- merce, and revenue, 876, 881. Reid, Mr. G. H., criticizes the Bill of 1891, 122, 145. Takes up Enabling process, 159 Attitude at Refer- endum of 1898, 208. Negotiates for amendments, 214-8. Obtains Conference of Premiers, 218. Sup- ports Amended Bill, 221. Religion, laws as to, 205, 288-90; Commonwealth may not make laws for establishing, 950. Christian, is the law of the land, 288, 951. Representatives of other countries, Of federal cases affecting, 772. territories, 972. See House of Representatives.
Reserved, bill may be, by Governor- General, 688. Signification
Queen's pleasure on bills, 693. Bills limiting prerogative of appeal must be, 763. List of bills reserved in colonies, 694.
Residence of members of Parliament, 477. Of corporation, 777. Change of, 777. Resident, of Commonwealth, 477. Of a State, 775, 959; discrimination against, by another State, 960. Responsible Government, demand for in N.S.W., 41; grant of, 44; in Victoria, 55; in Tasmania, 61; in South Australia, 65; in Western Australia, 69, 70; in Queensland, 73; in New Zealand, 77.
Debates in 1891 Convention, 128, 132, 136, 139; at Adelaide session, 166, 169. Application of Referendum to, 203.
In the Commonwealth, 703, 709. In a Federation, 706. See Cabinet. Revenue, apportionment of surplus,
debates at 1891 Convention, 133-4, 137, 139; at Adelaide session, 169, 183; at Sydney session, 188; at Melbourne session, 197.
Appropriation of, 812. Net, 826 (see Braddon clause). Surplus, payment to States before uniform duties, 375; for five years afterwards, 861; after five years, 863; to be made monthly, 865. Collected in territories, 833. Riparian rights, 888. Between States, whether there are, 175, 198, 888. Common law as to, 892. See Rivers. Rivers, debates in 1891 Convention, 138; at Adelaide session, 168, 174; diffi- culties of problem, 174; at Mel- bourne session, 194.
Within a State, 540, 886; con- necting with waters of other States, 882, 886; along boundary, 888. Improvement and obstruction of navigation of, 540, 883. Bridges and dams across, State powers to con-
struct, 540, 858, 885. use of waters of, 879. Riparian rights before Federation, 887; after Federation, 890. See Waters.
Roads within State, State power as to, 542.
Rules and orders powers of Houses as to, 407. Of Colonial Legislatures, 503.
Russell, Lord John, his administration, 81. His reply to Wentworth's Committee, 92.
Seat of Government. debates at 1891 Convention, 135, 141; at Melbourne session, 204. Demands of N.S. W., 216, 218; amendment at Premiers' Conference, 219. Historical note,
Exclusive power to make laws for, 658, 982. Representation of, 973. Temporary, question of, 979. quisition of site for, 980; Mr. Oliver's Report, 982. Measurement of distance, 982. Shall be vested in
the Commonwealth, ib. Crown lands to be granted free, 982. Secession, American doctrine of, 292-4. Senate, 412-44. Adoption of word, 131,
168, 173. Equal representation in, 131, 173, 182, 183, 189, 206, 412, 414, 421. Powers of, 129, 131, 138, 145, 662-73; debates at Adelaide session as to, 166, 173; at Sydney session, 189; see Money bills, Appropriation bills, Taxation bills. Function as Council of States, 414.
Dissolution of, 167, 180, 191, 203, 430. Electorates for, 413, 419. Quorum of, 443. Voting in, 444. See Senators.
Senators, mode of election of, 137, 413, 418. Number of, 218. Term of office, 413, 422, 433. Certifying names of, 413, 422, 435, 438. Qualifications of, 439. Qualifications of electors of, 423-4. Method of choosing, 425. Times and places of elections, 427; application of State laws, ib. Failure to choose, 428. Issue of writs, 429. Rotation of, 430, 434. Casual vacancies, 434. Vacancy by absence, 442. Vacancy to be notified, 443. See Senate. Separation, beginnings of in Australia, 79. Of territory, formation of new State by, 976.
Service, Mr. James, 110, 111, 119. Service of process of State courts, federal power as to, 614.
Services, imposition or appropriation
of fees for, 668. State charges for, are not taxes on commerce, 853. State, contrasted with Government, 367. Different meanings of word, 368-72.
States, adoption of word, 131. Are parts of the Commonwealth, 370-1. Original, 376-421. New, 967-77. Boundaries of, 216, 219; suits as to, 775. Alteration of limits of, 216, 219, 378, 974. Division or amalga- mation of, 129, 976.
Suits against, 774, 806. Suits be- tween, 775. Suits between residents of different, 776. Suits between a State and resident of another, 778. Laws conferring rights to proceed against, 775, 805.
Continuance of the Constitutions of, 929; subject to the Federal Con- stitution, 931. Powers of the Par- liaments of, continued, 933; resi- duary, 935; new, 936; to surrender territory, 941. Laws of, continued, 937; unless inconsistent with federal laws, 938.
May levy charges for inspection laws, 942. May control liquor traffic, 944. May not, without consent of Commonwealth, raise forces or tax property of Commonwealth, 948. May not coin money, 950. Rights of residents in, 953. People of, 418, 957. Recognition of laws, &c., of, 620, 961. See New States. Statistics, federal power as to, 572.
"The latest statistics of the Common- wealth," 445, 454, 922, 925. Subject, British, natural born and naturalized, 478; defined, 491, 955; resident in one State, discrimination against by another, 954. Of foreign power, disqualified for Parliament,
Subject-matter, federal jurisdiction arising from, 737, 773, 800, 764-804. The same, claimed under laws of different States, 800.
Suffrage, see Franchise, Women, Surplus revenue, distribution of. See Revenue.
Sydney, foundation of, 30, 79. Proposed as the federal capital, 141, 184, 204, 218, 219. Seat of Government must not be within 100 miles of, 219, 978. Tacking, to annual appropriation bill forbidden, 674. To taxation bills, 675. Tariffs, intercolonial, first imposition of, 79, 100. Border customs treaties, 101. Uniform tariff proposals, ib. Conference of 1863, ib. Other Confer- ences, 102-7. Proposals for customs union, 104. See Customs and excise, Customs duties.
Tasmania, Discovery of, 25. Explora- tion, 31. Foundation, 58, 79. Sepa- ration from N.S.W., 59, 79. First representative legislature, 60. New Constitution, 61. Responsible govern- ment and enlarged legislative powers,
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