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Party” in N. S.W., 215. Spokes-

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. See

Responsible Government.
Canada, settlement of, 17. Conquest

Colonial Boundaries Act, 378-9. See

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,
184. Inauguration of. 252. Mean-
ing of the word, 311-4. Secondary
meaning, 368. Parts of, 354, 372.
Nature of, 366-8, 371. Quasi.
sovereignty of, 368, 927. Alteration
of limits of, 378. Organization of,
380. Suits by or against, federal
jurisdiction in, 772. Power of
Parliament to grant rights of
proceeding against, 806. States
may not

tax property of, 948.
People of, 449, 957.
Commonwealth Bill, of 1891, 115-43 ;

fate of, 143-150. Of 1898, 165-206
(see Table of Contents). Of 1899,
218-228 ; adoption of, 221 ; enact-

ment of, 228.49. See Constitution.
Companies. See Corporations.
Compensation for acquisition of pro-
Conservation of waters of rivers, 893.

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-

ment
Census, federal power as to, 572.
Citizen, defined, 491, 776. History of

word, 955. Of foreign power, dis-
qualified for Parliament, 491. Of a
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.

perty, 641. For property of trans-
ferred departments,

821. For
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.

See Waters.
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. “ 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 comnierce clause,
538. Comm cial, 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. See 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 Ercise.
Dams. See Rrrers,
Deadlocks, debates at Adelaide session

as to, 167, 180. Suggestions of Par-
liaments, 183, 186. At Melbourne
session, 202. Demands of N S.W.,
216. Amendment by Premiers, 218.

See Disagreement.
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,
562. 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.

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Disagreement between the Houses,

681, 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 gainst 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,

917.
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, 134.

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

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,

its extent, 796.
Exeise duties, laws imposing, shall

deal with excise only, 674. Defini-
tion of, 837, 854. Must be uniform,
550, 829. Effect on commercial

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. Inter-

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, meaning of word, 332-42.

Federal and national elements in the
Constitution, 334. Form of the Com-
monwealth, 367. Federal State"
and “Federal Government,” 333,
369. Movement, the, 79-252. See
Table of Contents.

)

Federal Council, Bill of 1867, 104.

Parkes' resolutions in favour of, 107.
His memorandum and Bill, 108.
Federal Council Bill, ill. 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, Guaranteer,

Book-keeping.
Financial assistance to States, 219,

868. Federal power to grant, 870;
effect of Braddon clause on, 871 ;

conditions of, ib.
Fines. See enalties.
Fisheries, extra-territorial, power of

Federal Council as to, lll; 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 central functionary for
Australia, 80, 81. Appointed Gov-

Franchise, federal, discussed at 1891

Convention, 137 ; at Adelaide session,
173. Is a matter of national concern,
468. Otherwise in the United
States, ib.

In the several States, 469. Adult
electors of States entitled to vote at

federal elections, 183
Freetrade, intercolonial, early attempts

at, 79, 100. Inter-state, laws dero.
gating from, 135, 171, 199 To begin
on imposition of uniform duties, 845.
Exception as to goods previously
imported, 858. Exception as to
Western Australia, 198, 865. See

Tariffs.
Freights and fares, State regulation of

domestic, 520. Federal regulation
of inter-state, 520. State tax on,
532, 855

See Railway rates, Inter-
State Commission.
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

ernor-General of Australia, 89.
Forces, States may not raise or maintain

without consent of Federal Parlia-
ment, 948.

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.

a

792 ;

cases

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, lll. 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-

datory, 723. Both a federal and a
national court, 724, 737. Guardian
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,
not exclusive, 738. Its decisions
“ 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.

Adoption of word, 131. A national
chamber, 448. Compared with
House of Commons, ib.

Duration of, 168, 461. Minimum
representation in, 133, 168, 455.
Dissolution of, 404, 407, 464.
Electors

449. Number of
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

by absence, ib. See Elections.
Immigration, federal power as to, 623.

International, political, and legal
aspects, 623.4.

Restrictive laws,

to Chinese, ib. ; to
Asiaties, 626. Natal Act, 627.
Legislation in Canada, ib. ; in
United States, 628. Assisted

immigration, 629. 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, 632. Implied restric-

tions, 796.
Importation, when complete, 846, 859.

Meaning of, 859, 943.
Incapacity, judicial, 731.

Incidental matters, legislative power

as to, 651. See Implied Powers.
Incorporation. See Corporation,

Banks.
India, British possessions in, 18. See

Colonies.
Indictment, 808 ; trial on, must be by

jury, ib.
Indissoluble, Commonwealth declared

to be, 292-4.
Infants, custody and guardianship of,

federal power as to, 612.
Inferior courts, Parliament

may
create, 725; and define their juris-
diction, 726. Appeals from, 726,

742. See Judges.
Injunction, 783. Against an officer of

the Commonwealth, ib.
Insolvency. See Bankruptcy.
Inspection laws, 943.

States may
levy, on imports and exports, 855,
942. Limits of, 944. Examples of,

ib.
Insurance, contracts for, not commerce,

543. Federal power as to, 582.

State insurance, 583.
Interpretation of statute, 365-6.

Right of independent, 755. Of
Constitution, matters involving,
790; duty of, 791 ; principles of,
American

on,

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 Inter - state Commerce
Commission, 621, 897, 910. Its
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
remuneration of members, 918. See

Preference.
Intoxicating liquids. See Liquor.
Irrigation, right of States to reasonable

use of waters for, 880, 894. Pro-
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-

ment.
Judges, Parliament may prescribe mum.

ber of, to exercise federal jurisdiction,

807. See Justices.
Judgments, 741. Distinguished fronı

decisions, 755.
Judicial Committee. See Queen in

Council.

of,

624 ;

as

as

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