(7.) Divorce and matrimonial causes; and in relation thereto, parental rights, and the custody and guardianship of infants (xxii.). (8.) Foreign corporations, and trading or financial corporations formed within the Commonwealth (xx.). (9.) Immigration and emigration (xxvii.). (10.) Influx of criminals (xxviii.). (11.) Insurance, other than State insurance; also State insurance extending beyond the limits of tho State concerned (xiv.). (12.) Invalid and old-age pensions (xxiii.). (13.) Light-houses, light-ships, beacons and buoys (vii.). (14.) Marriage (xxi.). (15.) Naturalization and aliens (xix.). (16.) People of any race, other than the aboriginal race in any State, for whom it is deemed necessary to make special laws (xxvi.). (17.) Postal, telegraphic, telephonic, and other like services (v.). (18.) Quarantine (ix.). (19.) Railways, control with respect to transport for naval and military purposes of the Commonwealth (xxxii.). · (20.) Railway construction and extension in any State with the consent of that State (xxxiv.). (21.) Taxation; but so as not to discriminate between States or parts of States (ii.). (22.) Trade and commerce with other countries, and among the States (i.); except that on the imposition of uniform duties of customs the power to impose duties of customs and excise becomes exclusively vested in the Federal Parliament (sec. 90). (23.) Weights and measures (xv.). RESIDUARY LEGISLATIVE POWERS. -The residuary authority left to the Parliament of each State, after the exclusive and concurrent grants to the Federal Parliament, embraces a large mass of constitutional, territorial, municipal, and social powers, including control over : Agriculture and the cultivation of the soil: Banking-State banking within the limits of the State : Borrowing money on the sole credit of the State : Bounties and aids on mining for gold, silver, or metals : Charities-establishment and management of asylums: Constitution of State: amendment, maintenance and execution of Corporations-other than foreign corporations and trading or financial corporations: Courts-civil and criminal, maintenance and organization for the execution of the laws of a State: Departments of State Governments-regulation of Education Factories Fisheries within the State : Forests Friendly Societies Game Health Inspection of goods imported or proposed to be exported in order to detect fraud or prevent the spread of disease: Insurance - State Insurance within the limits of the State: Intoxicants—the regulation and prohibition of the manufacture within the State of fermented, distilled, or intoxicating liquids : Justice-Courts: Land-management and sale of public lands within the State : Licenses the regulation of the issue of licenses to conduct trade and industrial operations, within the State, such as liquor licenses and auctioneers' licenses. Subject however to sec. 92: Manufactures- see factories: Mines and Mining: Municipal institutions and local government : Officers-appointment and payment of public officers of the State : Police regulations, social and sanitary : Prisons-State prisons and reformatories : Railways-control and construction of railways within the State, subject to Rivers-subject to constitutional limitations (see Restricted Powers) : Taxation on order to the raising of revenue for State purposes (see Restricted Trade and Commerce within the State (see Restricted Powers): Works-construction and promotion of public works and internal improvements, subject to the constitutional limitations (see Restricted Powers): RESTRICTED POWERS. -Some powers reserved to the States can only be exercised sub modo―subject to conditions and limitations specified by the Constitution : Bounties--A State may, with the consent of both Houses of the Federal Parliament, expressed by resolution, grant any aid or bounty on the production or export of goods (sec. 91): Naval and Military Forces-A State may with the consent of the Federal Parliament raise and maintain naval and military forces (sec. 114): Railways-A State may construct, use, and control its railways, but subject to Federal control with respect to transport for naval and military purposes of the Commonwealth (sec. 51-xxxii.) and subject to the rule that in the use and control of its railways the State may be forbidden to make any preferences or discriminations, which in the judgment of the InterState Commission are undue and unreasonable, or unjust to any State (sec. 102): Rivers - A State and its residents have the right to the reasonable use of the waters of rivers within the State for conservation or irrigation (secs. 98, 100): - Taxation of Federal property – A State may, with the consent of the Federal Taxation—A State may impose taxation so long as it does not conflict with NEW LEGISLATIVE POWERS.-By the Federal Constitution certain new legislative powers are conferred on the Parliament of each State, the exercise of which is necessary for the constitution of the Federal Parliament. The Parliament of each State is permanently endowed with power to make laws for determining the times and places of elections of senators for the State (sec. 9). Until the Federal Parliament otherwise provides, the Parliament of each State may make laws prescribing the method of choosing the senators for that State (sec. 9). Until the Federal Parliament otherwise provides, the Parliament of any State may make laws for determining the divisions in each State, for which members of the House of Representatives may be chosen, and the number of members to be chosen for each division (sec. 29). Until other provision is made by the Federal Parliament, the qualification of electors of members of both Federal Houses is, in each State, that which is prescribed by the law of the State as the qualification of electors of the more numerous House of the Parliament of the State (sec. 30). The laws in force in each State, for the time being, relating to elections for the more numerous House of the Parliament of the State, apply to the election of members of the Federal Parliament, as far as practicable, and until the Federal Parliament makes other provision (secs. 10 and 31). If the place of a senator becomes vacant before the expiration of his term of service, the Houses of Parliament of the State for which he was chosen, sitting and voting together, are authorized to choose a person to hold the place until the expiration of the term, or until the election of a successor (sec. 15). Saving of State laws. 108. Every law in force in a Colony which has become or becomes a State, and relating to any matter within the powers of the Parliament448 of the Commonwealth, shall, subject to this Constitution, continue in force in the State; and, until provision is made in that behalf by the Parliament of the Commonwealth, the Parliament of the State shall have such powers of alteration and of repeal" in respect of any such law as the Parliament of the Colony had until the Colony became a State. HISTORICAL NOTE.-Clause 2, Chap. V. of the Commonwealth Bill of 1891 was as "All laws in force in any of the colonies relating to any of the matters declared by this Constitution to be within the legislative powers of the Parliament of the Commonwealth shall, except as otherwise provided by this Constitution, continue in force in the States respectively, and may be repealed or altered by the Parliaments of the States, until other provision is made in that behalf by the Parliament of the Commonwealth." At the Adelaide session, 1897, this clause was adopted verbatim. At the Melbourne session it was verbally amended. (Conv. Deb., Melb., pp. 642-3.) It was redrafted after the fourth report. § 448. "Any Matter Within the Powers of the Parliament." The preceding section declares how the Federal Constitution will affect the powers of the Parliament of a State; it provides that those powers not exclusively vested in the Federal Parliament, or withdrawn from the States, continue as at the establishment of the Commonwealth. This section declares how the Federal Constitution will affect the laws in force in a colony which has become a State. The powers of a Parliament are those conferred on it by its Constitution. The laws of a Parliament are its acts passed in the exercise of its powers. The possession of power is different from the exercise of power; powers may not conflict, but their exercise may; in the event of a conflict the laws of the Union are supreme. (Lewis, Fed. Power Over Commerce, p. 39.) Enery av fere a mutery, relating to a matter vitin the power of the Federal Parliament socloves a time, moet to the Federal Coustitzbue I: 900wydering what laws remain in forte and now jog reari mus be had to the data.2008 between & Serens Lubeven te powers. As regarria lawe of the States relating to matters wild the Federal Parliament #pres morrent powers, x 15mg ANHOL You lay dearly remain a fore except so far as they may be to connect with laws passed by the Federal Parliament in the exerise of its moment power. When a sofit arises, the federal law prevals; but mujeme there is a refire, the State law boude good As regarris laws passed by a musey, or a State, in respect of any matter which has $2788), DELLṬ some with the exclusive pursiitke of the Federal Parliament, we LATE aready detinguished between 1 matters as to which the Federal Farliament is gives **er live power to make jams and 2 matters as to wine the Federal Parliament is gre "power to make laws-DG expressed to be existe-and as to which the States are expressly or by secesy implicatie procifited from acting. In the first case, what is pereitited to the States as merely the making of laws, and lave already made are not affected, unless 25000kkeet with federal laws; in the souod case, the States are pereitited from either legislative or executive action, and existing laws purporting to actorize them to deal with these matters cease to Lave efect See Nice. Extlasine Power." | 234 reprs. Thas the power to race de maintain a naval or military force: the power to coca money; the power to make anything tot gill and silver soch a legal tender in payment of dehta, are all demsed to the States and granted to the Federal Parliament; therefore, they becuase exclusively Federal powers from the establishment of the Commonwealth, and all State laws relating thereto are dislodged and displaced oœe ar i for all There may thus be a distinctile between two diferent degrees of exclusiveness, as regar is the operation of the exclusive power upon State laws passed before the character of exclusiveness attained. But the exclusive powers of the Federal Parliament all bave one summon quality; that with respect to any matter within such exclusive power the State Parliaments, after the exclusiveness of the power attaches, are absolutely deprived of power. The laws which they have previously male may bili good; hat they cannot extend, modify, alter, or repeal those laws in any way whatever, because their legislative power is groe $449. Powers of Alteration and of Repeal." In matters within the power of the Federal Parliament concurrently with the State Parliaments, the law in forte in a State continue until inconsistent provision is made in that behalf by the Federal Parlament; then they cease to have force to the extent of their inconsisten.y. Subject to that contingen y. the Parliament of a State may alter or repeal laws bearing on ecncurrent matters, in the same way as it could before the colony became a State. The words quoted must refer to concurrent powers. It would be illegal to contend that they refer to powers which have become exclusively vested in the Federal Parliament. The ability to alter or repeal must be based on concurrent power. Inconsistency of laws. 109. When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid. HISTORICAL NOTE.-Clause 3, Chap. V. of the Commonwealth Bill of 1891 was in the same words, and was adopted verbatim at the Adelaide session in 1897. At the Melbourne session, Mr. Reid suggested the insertion, after “law of the Commonwealth,” of the words upon a subject within the legislative powers of the Commonwealth.” Mr. Symon and Mr. Isaacs explained that this was unnecessary, as a law of the Federal Parliament outside the legislative powers of the Commonwealth would be no law. (Conv. Deb., Melb., pp. 643-4.) After the first report, Mr. Barton, at Mr. Reid's suggestion, moved the same amendment, to remove doubts. On Mr. Reid's request for a postponement, the amendment was withdrawn. (Id. pp. 1911-3.) $ 450. "When a Law of a State is Inconsistent." Our analysis and explanations of secs. 106, 107, and 108 render it unnecessary to elaborate on sec. 109, which is practically a corollary to the three preceding sections. Sec. 106 provides that the Constitution of each State is to continue, subject to the Constitution of the Commonwealth. Sec. 107 provides that the power of each State Parliament is to continue, subject to the Constitution of the Commonwealth. Sec. 108 provides that every law in force in a colony is to continue, subject to the Constitution of the Commonwealth. The consequence of this subjection of State Constitution, State Parliamentary power, and State law, to the Federal Constitution, would have been obvious without the insertion of sec. 109. That section, however, places beyond doubt the principle that the Federal Constitution and the laws passed by the Federal Parliament, in pursuance of that Constitution, prevail over the State Constitutions and the State laws passed by the State Parliaments, in pursuance of the State Constitutions. The later laws, however, are declared to be invalid only to the extent of their inconsistency with the former. "A law of the Commonwealth" means a valid law. A law passed by the Federal Parliament outside the scope of its authority would be no law at all. (Norton v. Shelby County, 118 U.S. 425.) It has been held in the United States that the cases in which federal legislation will supersede the legislation of a State are those in which the same matter is the subject of legislation by both. (Davis v. Beason, 133 U.S. 333.) When a State statute and a Federal statute operate upon the same subject matter, and prescribe different rules concerning it, and the Federal statute is one within the power of the Federal Parliament, the State statute must give way. (Gulf, Colorado, and Santa Fé R. Co. v. Hefley, 158 U.S. 98.) Provisions referring to Governor. 451 110. The provisions of this Constitution relating to the Governor of a State extend and apply to the Governor for the time being of the State, or other chief executive officer or administrator of the government of the State. HISTORICAL NOTE.-Clause 9, Chap. V., of the Commonwealth Bill of 1891 was in identical terms, with the addition of the words "by whatever title he is designated." At the Adelaide session, 1897, this was adopted without modification. At the Melbourne session, drafting amendments were made before the first report and after the fourth report. (Conv. Deb., Melb., p. 645.) Chap. V. of the Commonwealth Bill of 1891 also contained the two following clauses : 7. "In each State of the Commonwealth there shall be a Governor. 8. The Parliament of a State may make such provisions as it thinks fit as to the manner of appointment of the Governor of a State, and for the tenure of his office, and for his removal from office." In Committee, Sir John Bray objected to clause 7 as unnecessary and inadvisable, and as an interference with the States. Sir Samuel Griffith did not remember why it |