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power to

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power as

Judieial 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.
clules extra-judicial opinions, 765.
Matters within the limits of, federal

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

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. Their

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,

742.
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, ib. Imperial con-
trol of, ib. States may not make
anything but gold and silver coin,

950.
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, 5:27. 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,

946.
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
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,
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.

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711.

at

Origination of, 667. Amendment
of 668, 671. Suggestion of anend-

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, 190, 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. Resolutions in
Convention, 124-6. Eulogy of 1891
Bill, 141. Proposed resolutions in

N.S.W. Parliament, 144.
Parliament, Federal, debates in 1891

Convention as to, 128, 133 ;
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.
New legislative powers of, 1b.
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,
Revenue.

see

see

Peace, order, and good government,

511. 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 cominerce by, 847,850-3. Limits

of, 853.
Ports, State powers as to, 853. Prefer-

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. Of
federal officers and departments, 655.
Constitutional, questions as to the
limits of, 757. See Executive, Judicial,
Legislatire, 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. What

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.
Grou 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,
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.
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,

Bills pre-

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

Credil.
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 deaul-
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, 95).
Representatives of other countries,

cases affecting, 772. Of federal !
territories, 972. See House of

Representatives.
Reserved, bill may be, by Governor-

General, 688. Signification of
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 ; dithi.
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-

81.

struct, 540, 858, 885. Reasonable
use of waters of, 879. Riparian
rights before Ferleration, 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,

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,
978.

Exclusive power to make laws for,
658, 982. Representation of, 973.
Temporary, question of, 979. Ac-
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, 412-41. 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

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, 128.
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,” 415, 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,

491.
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,

names

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