man of delegation to England, 228. Bathurst, People's Federal Convention,
163, 168. List of members of, 257. Beacons and buoys, history of provision as to, 85, 91, 94, 565. Federal power as to, 565. Transfer of department of, 714. Powers of States as to, 853. Berry, Sir Graham, 107, 109, 110. Bicameral system, 386-7. Bill. See Proposed law.
Bills of exchange are instruments of commerce, 517. Federal power as to, 585.
Book-keeping system of distributing revenue, 176, 197; before uniform duties, 833; for five years after- wards, 860.
Borrowing on the credit of the Com- monwealth, federal power of, 588; exclusive, 656.
Boundaries. See Limits.
Bounties, Victorian objections to clauses
dealing with, 211; Federal legislative power as to, 556; becomes exclusive, 557, 824, 837. Control of the pay- ment of, 823. Grants of and agree- ments for, by States, 557, 838; when deemed to be good, 839. State laws offering, 557, 824. Powers reserved to States, 558, 841; to grant bounties on mining for metals, 824, 842; or with the consent of the Federal Par- liament, 824, 843. "Braddon clause," The (sec. 87),
history of, 177, 198, 207, 214, 215, 221. Notes on, 824-9. Bearing of financial assistance clause on, 871. Bridges, federal power as to, 517, 530-2, 884. State power as to, 534, 542, 858, 885. See Rivers.
Buoys. See Beacons.
Cabinet, The, 382, 703, 711.
Responsible Government. Canada, settlement of, 17. Conquest of, 20. Upper and Lower, 22. Dominion of, 23. Commerce power in, 542, 544. See Table of Statutes (30 and 31 Vic. c. 3).
Canals within State, 542. Capital, Federal. See Seat of Govern-
Census, federal power as to, 572. Citizen, defined, 491, 776. History of
word, 955. Of foreign power, dis- Of a qualified for Parliament, 491. State, 776. Corporation is not, 777. Of the Commonwealth, 449; not defined, 956. Of the United States, ib. See Subject, Resident. Civil Servants. See Officers. Coinage, federal power as to, 573. Prohibited to States, 575, 950.
Colonial Boundaries Act, 378-9.
Table of Statutes (58 and 59 Vic. c. 34).
Colonial Laws Validity Act, discus- sion with Imperial Government as to, 229-245. Notes on, 347-352 See Table of Statutes (28 and 29 Vic. c. 63).
Colonies, ancient, 1-5. Modern, 6-34. Spanish and Portuguese, 6. Foun- dation of English-American, 9; their classification, 15. West Indian, 17. Canadian, ib. South African, 19. Britain's second colonial Empire, 22. Greater Britain, 33. Government of British, 308. Are not "States," 369.
Australian, description of, 373; certain powers of authorities in, to vest in similar authorities in Common- wealth, 716. See States. Colonization. See Colonies. Command in chief of naval and military forces, 713.
Commerce. See Trade and Commerce. Common law, federal jurisdiction as to, 785, 809; in criminal cases, 785; in civil cases, 788.
Commons, House of, 305-8. Commonwealth, adoption of the word by the 1891 Convention, 131, 136, Mean- 184. Inauguration of. 252. ing of the word, 311-4. Secondary meaning, 368. Parts of, 354, 372. Quasi- Nature of, 366-8, 371. sovereignty of, 368, 927. Alteration of limits of, 378. Organization of, 380. Suits by or against, federal Power of jurisdiction in, 772. Parliament to grant rights of States proceeding against, 806.
may not tax property of, 948. People of, 449, 957.
Commonwealth Bill, of 1891, 115-43; fate of, 143-150. Of 1898, 165-206 Of 1899, (see Table of Contents).
218-228; adoption of, 221; enact- ment of, 228-49. See Constitution. Companies. See Corporations.
Compensation for acquisition of pro- perty, 641. For property of trans- ferred departments, 821.
resumption of property for seat of Government, 981. Conciliation and arbitration, extending beyond limits of a State, federal power as to, 645.
Concurrent powers of States, 509, 656, 934.
Confederacy, meaning of, 334, 371. Conferences. Intercolonial, 103; Con-
ference of 1880-1, 107; of 1890, 119; at Corowa, 152; Premiers' Conference of 1895, 159; of 1899, 218; of 1900, 236. Conference between Colonial Office and Delegates, 234.
Consolidated Revenue Fund, 665, 812. Constitution, defined, 314-20. Of the Commonwealth, materials for, 131, 135. Mode of submission to the people, proposed in 1891, 142; under Enabling process, 153-4, 158. Refer- endums upon, 206, 222. Enactment of, 228-249. 64 Under the Constitu- tion," 300. Commencement of, 344. Organization of the Commonwealth within, 380. Jurisdiction in matters arising under, 790. Interpretation of, 791.
Constitutions of States, continue sub- ject to the Federal Constitution, 929. See States.
Consuls, federal jurisdiction in cases affecting, 771.
Consumption, goods passing into a State for, 862.
Contempt, power of colonial legislature to commit for, 506.
Contracts, in restraint of trade, may be regulated under commerce clause, 538. Commercial, whether included in commerce, 543, 585.
Convention, of 1883, 110. National
Australasian, of 1891, 123; members of, 254. National Australasian, of 1897-8, election of, 163; members of, 260; Adelaide session, 165; Sydney session, 187; Melbourne session, 194. Copyright, federal power as to, 593.
In Canada, 594. In the United States, 596. Rights of aliens in respect to, 600.
Corowa Conference, 152. List of mem- bers of, 255.
Corporations defined, 578. Residence
of, 777. Foreign, trading, or finan- cial, formed within territorial limits, federal power as to, 604.
Courts, Federal. See High Court, In- ferior Courts, Justices.
Of the States, Parliament may in- vest with federal jurisdiction, 727, 803 appeals from, to High Court, 742; conditions and restrictions, 747; appeals from, to the Privy Council, 738, 742. See Queen in Council.
Covering clauses, 131. Dealt with by Imperial Parliament, 229-232, 235, 239. Notes on, 311-383.
Criminals. laws preventing influx of, 629. See Fugitive Offenders. Crown, provision that the Common- wealth Act should bind, 229, 320-2. "Under the Crown," 294-6, 367. In Parliament, 308. Remedies against, 805. See Queen, Prerogative, De- mise of Crown.
Currency, federal power as to, 572.
Imperial control, 575. Sée Coinage. Customs and Excise. collection and control by Commonwealth, 133, 823. Return to States of three-fourths of net revenue from, 824 (see Braddon clause). Exclusive power to impose, 837. State laws imposing, to cease, 838. See Customs duties, Excise duties Customs duties, laws imposing, shall deal with customs only, 674. Legality of collection after resolution propos- ing, 506. Uniform, 550, 829. Must be imposed within two years, 830. Defined, 837. On goods loaded up before uniform tariff, 859. Wes- tern Australia may impose inter- colonial, for five years, 865. See Customs and Excise.
Deas-Thomson, Sir Edward, 80, 82, 93. His Select Committee on Federation, 96, 97, 106. His tariff, 100.
Debts of the States, debates as to taking over, 133, 140, 171, 178, 183. Power to take over, 922. Existing at estab- lishment of Commonwealth, 924. Decision of High Court upon a constitu- sional question, 754. See Appeals, Queen in Council.
Defence, Australian, 49, 111. Assumes prominence, 115. Reports of Sir W. D. Jervois and Sir P. Scratchley, 115, Australian Naval Force Acts, 116, 562. Report of Major-General Edwards, 117, 562.
Federal power as to, 561. Duty to protect States, 565. Control of rail- ways for, 642. Command-in-chief of forces, 713. Transfer of department of, 714. Definitions, 364-6.
Demise of Crown, 461. Does not dis- solve Federal Parliament, 464. Departments transferred, legislative
power as to matters incidental to powers of, 655; exclusive powers as to matters relating to, 660. Transfer of, to Commonwealth, 714, 718, 787. Revenue and expenditure of, 715. Officers of, 817. Transfer of property, 820.
Federal, Governor-General may establish, 709. Ministers shall ad- minister, ib.
Designs, patents of, federal power as to, 598. Development, rates necessary for, 920. See Railway rates.
Disagreement between the Houses, 684, 687. Double dissolution, 685. Joint sitting, 686; does not enable Senate to amend money bills, 687; absolute majority, 687. See Dead- locks.
Disallowance of laws by the Queen, 692, 764.
Discretion, judicial, 759. Of High Court, to certify that appeal to Privy Council is proper, 759. Discrimination in taxation 550; in commerce, 912. What is, a question of law, 745. Defined, 912. By a State against residents of other States, 953, 960. See Preference. Disqualifications of members of Par- liament, 489. Penalty for sitting when disqualified, 495.
Dissolution. See House of Representa- tives, Disagreement, Prerogative. Distance, measurement of, 793; of seat of Government, 981.
Divorce, federal power as to, 609. Due regard, a question of fact, 745, 918. To financial responsibility of States,
Duffy, Sir Charles Gavan. First Select Committee on Federation, 95, 97; second and third, 98; fourth, 101. Royal Commission, 106.
Elections of Senators, laws prescribing method of, 425. Times and places of, 427. Application of State laws to, 427. Writs for, 429. Triennial, 430. For casual vacancies, 434.
Of members of the House of Representatives, application of State laws to, 471. Writs for, 472.
General, time for summoning Parliament after, 409. Trial of disputed, 495.
Electorates, for Senate, 419; in Queensland, 421. For House of Representatives, 465.
Electors of Senators, qualification of, 423; shall vote only once, 424. Of members of the House of Representa- tives, qualification of, 467; shall vote only once, 470. See Franchise. Emigration, federal power as to, 629. Eminent Domain, federal power of, 640. Over shores and submerged soil, 883. See Acquisition. Established, meaning of, 301, 343-4. Exceptions to appellate jurisdiction of
High Court, Parliament may pre- scribe, 738. From a power, mark its extent, 796.
Excise duties, laws imposing, shall deal with excise only, 674. Defini- tion of, 837, 854. Must be uniform, 550, 829. Effect on commercial
freedom of exclusive power as to, 854. See Customs and excise. Exclusive power, how far commerce power is, 527, 530, 657. How far taxing power is, 551. Nature of, 656, 838. Commencement, of, 656. Effect on State laws, 657. Over seat of Government, 658, 981. Over places acquired by the Com- monwealth, 659. Over matters relating to federal departments, 660. Matters declared to be within the, 661, 933. To impose customs and excise duties and grant bounties, 837. Execution of process of State courts, federal power as to, 616.
Executive Government, resolutions at 1891 Convention, 125. Notes on, 699-718. Defined, 699. Nationalism of, 700. Executive power of Commonwealth, 655, 701. Vested in Queen, 702. Exercisable by Governor-General, ib. Extent of, 699. Distinguished from judicial, 720. Of the States, 931-2. Expenditure of Commonwealth, ap-
portionment of, 134, 139, 169; before uniform duties, 834; for five years after, 861; ultimately, 864. Charged on revenue, 813. Preliminary, with- out appropriation, ib. Of Senate elections, 422, 815.
Exportation, when it begins, 845. Meaning of, 943.
External affairs, federal power as to, 631. Representation by Agents- General, 632. Commercial treaties, 633. See Extradition.
Extradition, inter-state, 619.
national, 635. Imperial Acts relat- ing to, 635. Treaties, 770. Extra-judicial opinions, 765. In Eng- land, United States, and Canada, 766. In the Commonwealth, ib. Extra-territorial operation of laws,
354-5; of fishery laws, 539; relations with islands do not involve, 637. Service and execution of process, federal powers as to, 614, 616.
Fact, questions of, 743; reasonableness, due regard, &c., are, 745, 915, 918. Faith and credit to laws of States, federal power to enforce, 620; must be given throughout the Common- wealth, 961.
Fares. See Freights, Railway rates.
Federal Council, Bill of 1867, 104.
Parkes' resolutions in favour of, 107. His memorandum and Bill, 108. Federal Council Bill, 111. Addresses adopting, 112. Passed by Imperial Parliament, 114. Laws passed by, 115, 377 Inadequate for defence, 118. Repeal of Act, 376. Powers exercisable by, federal power in respect of, 651.
Federal Executive Council, constitu- tion of, 703. Distinguished from Cabinet, 704, 711. Ministers of State must be members of, 708. See Ministers of State, Responsible Government.
Federation Enabling Acts, history of,
153, 160. Amending Act of 1897 in N.S.W, 194. Acts of 1899, 221-3. Queensland Act, 223. West Aus- tralian Act, 249.
Federation Leagues, 151, 153, 154, 207. Fees for licenses or services, imposition or appropriation of, 668. Taken by member of Parliament for services, vacates his seat, 494. Fiji, represented at Convention" of 1883, 110. Adopts Federal Council Bill, 112. Joins Federal Council, 114, 115. Description of, 376. Proposal for federation with New Zealand, 639-40.
Final and conclusive, judgments of High Court are, 746. Prerogative right of appeal not affected, ib. See High Court, Queen in Council. Finance, federal, debates in 1891 Con-
vention, 133, 139; in Adelaide session, 169, 176. Suggestions of Legislatures, 182, 186. Debates at Sydney session, 188; at Melbourne session, 197. Objections to Bill, 206. Investigated by a Commission in N.S. W., 209. Demands of N.S. W., 217, 219. See Expenditure, Revenue, Braddon clause, Debts, Guarantees, Book-keeping.
Financial assistance to States, 219, 868. Federal power to grant, 870; effect of Braddon clause on, 871; conditions of, ib.
Fines. See Penalties. Fisheries, extra-territorial, power of Federal Council as to, 111; laws passed by Federal Council, 115, 377, 570; federal power as to, 568. Within State limits, State power as to, 854. Fitzroy, Governor Sir Charles. Sug- gests a central functionary for Australia, 80, 81. Appointed Gov- ernor-General of Australia, 89. Forces, States may not raise or maintain without consent of Federal Parlia- ment, 948.
Fugitive Offenders, colonial legisla- tion as to, 617 Imperial legislation, 618 Inter-state extradition of, in America, 619.
Game laws. State power as to, 854. Gillies, Mr. Duncan, 110, 117, 118, 119, 120.
God, recognition of in Preamble, 204, 283, 287-90, 952.
Government defined, 315, 317-9. Con-
trasted with State, 367. Tripartite division of, 381, 699, 719.
Governor of State, appointment of,
141, 171; communication with Queen, 141, 171; provisions referring to, 939.
Of colony, office of, 388; tenure, 389. Powers and appointment, ib. Commission, ib. Responsibility, 393. Canadian Letters Patent and Com- mission, 395. Higinbotham's criti- cisms of old Instructions, 396. New Instructions, 398. Special Instruc- tions, 400. Certain powers of, to vest in Governor-General, 716. Governor-General, of Australia, ap- pointment of Sir Charles Fitzroy as, 41, 89.
Of the Commonwealth, first ap- pointment of, 251, 342-3. Office of, 387-8. Term of office, 389. Salary of, 400. Provisions relating to, in- clude Administrator, 402. Salary of Administrator, 403. Statutory powers of Governor-General, 404, 717; of Governor-General in Council, 405, 707, 717. Presentation of Bills to, for assent, 688. May recommend amendments, 691. Executive power exercised by, 702. In Council, re- ferences to, 706. To be Com- mander-in-Chief, 713. Certain powers of State Governors to vest in, 716. May be authorised by Queen to appoint deputies, 982.
Grey, Earl, his project for federal union, 81; failure of, 88. Creates office of Governor-General, 41, 89. Griffith, Sir Samuel, devises Federal Council Bill, 111. Chief draftsman of 1891 Bill, 130. Criticizes pro- posed appeal clause, 246.
Guarantee of State finances, debates as to, 140, 170, 177, 183, 197. Effect of Braddon clause, 825-8. Effect of "financial assistance" clause, 870. Haldane, Mr. R. B., proposal as to Imperial Court of Appeal, 231. Harbours. See Ports. High Court, its establishment man- Both a federal and a datory, 723. Guardian national court, 724, 737. of Federal and State Constitutions, 725. Original jurisdiction of, 724, 764, 784; additional may be con- ferred, 789. Appellate jurisdiction of, 724, 734, 784; from State Courts, Its decisions not exclusive, 738.
"final and conclusive," 746; subject to appeal by special leave of Privy Council, 746; or of High Court in certain cases, 748.
House of Representatives, 445-83. A national Adoption of word, 131. with
representation in, 133, 168, 455. 404, 407, 464. Dissolution of, Electors of, 449. Number members, 450; at first election, 456; alteration of, 460; apportionment of, 453; ascertainment of quota, ib; provision as to disqualified races, 455. Electoral divisions for, 465. Qualification of electors of, 467. Qualification of members, 474; whether women qualified, 475.
Quorum of, 482. Voting in, 483. Resignation from, 481. Vacancy See Elections. by absence, ib.
Immigration, federal power as to, 623. International, political, and legal Restrictive laws, aspects, 623-4.
624; as to Chinese, ib.; Asiatics, 626. Natal Act, Legislation in Canada, United States, immigration, 629.
627. ib. ; in Assisted See Aliens.
Immunities, Parliamentary, 502, 507. Of people of Commonwealth and States, 958. See Privileges.
Implied powers, development of, in United States, 582, 651. Of Federal Parliament, 652. Implied restric- tions, 796.
Importation, when complete, 846, 859. Meaning of, 859, 943.
Incapacity, judicial, 731.
790; duty of, 791; principles of, 792; 796. Imperial Interpretation Act, 792 (and see Table of Statutes, 52 and 53 Vic. c. 63).
Inter-State Commission, debates as to, 171, 183, 201. There shall be, 521, 895. Suggested by English Railway Commissions, 896; and by American Interstate Commerce Its Commission, 521, 897, 910. general powers of adjudication, 899; and administration, 900; not a legislative body, ib. Its special powers as to State railways, 899, 918. Tenure, appointment, and See remuneration of members, 918. Preference.
Intoxicating liquids. See Liquor. Irrigation, right of States to reasonable use of waters for, 880, 894. bable effect of, on navigation, 894. See Waters.
Joint sitting, suggested at Adelaide session, 167, 180. Adopted at Sydney session, 190; and Mel- bourne session, 203. See Disagree-
Judges, Parliament may prescribe num- ber of, to exercise federal jurisdiction, 807. See Justices.
Judgments, 741. Distinguished from decisions, 755.
Judicial Committee. See Queen in Council.
« PrejšnjaNaprej » |