THE NEW PROTECTION

Dominion, Volume 1, Issue 236, 29 June 1908, Page 7

THE NEW PROTECTION

LEGAL DIFFICULTY. CONSTITUTION MAY BE AMENDED. REFERENDUM TALKED OP. BT IELEQIUra —I'IIESB ASSOCIATION—COPYRIGIW. Melbourne, Juno 27. Tho Primo Minister, Mr. Deakin, has mado a statement with regard to tho High Court's majority decision which upsets tho now protection principle, by declaring that tho Excioo Act is not in substanco an oxerciso of tho power of taxation conferred on tho Commonwealth Parliament by tho Constitution. Mr. Don kin states that the decision of tho High Court wns not unexpected. Somo other moans will, ho says, bo found for giving effect to tho now protection. Sir Wm. Lync, Federal Treasurer, says it may bo desirablo to amend tho Constitution if nc-cossary. Arrangements will bo mado for taking a referendum. 1 Federal Ministers will confer regarding tho situation during tho coming weok. Tho Secretary of tho Federal Labour party declaros that tho party will insist on an amendment of tho Constitution. "HANDS OFF THE CONSTITUTION." "THE TIMES'" WARNING. (Rcc. June 28, 4.35 p.m.) London, Juno 27. Commenting on tho Federal High Court's decision and tho Government's reported intention to propose a referendum with a view to amending the Constitution of tho Commonwealth, "Tho Times"' hopos that Mr. Deakin will not adopt such an unfortunate and mistaken move. After a' doliberato onactmont, says "Tho Times," only most overwhelming and intolerable evils would justify the amendment of tho Constitution. It

is not justified by' fact that somo particular form of legislation may prove difficult.

UNCONSTITUTIONAL. The principle of the Excise Act is the samo ■as that of tho "new protection"—discrimination between employers who are held to pay "fair and reasonable wages," and those who aro hold not to. , Some agricultural implement makers applied under tho Excise Act for oxemption from the payment of excise, but the Arbitration Court, which is tho original arbitor, held that "fair and reasonable wages" had not been paid. The appoal judgment which the, High Court lias just given declares tho principle of such taxation unconstitutional. Section 55 of the Australian constitution provides:' "Laws imposing taxation shall deal only with tho imposition of taxation, and any provision therein dealing with any othor matter shall bo of no effect. As Section 51 prohibits the "tacking" of extraneous matters to Appropriation Dills, so this section prohibits the tacking of extraneous matters to "laws imposing -taxation."