N.S.W. UPPER HOUSE

Evening Post, Volume CX, Issue 135, 5 December 1930, Page 9

N.S.W. UPPER HOUSE

ABOLITION BILL

SECOND READING CARRIED

LEGAL BATTLE J'JKELY

United Press Association—By EH Uric Telegraph—Copyright. (Received sth December, 11 a.m.) SYDNEY, This Day. In the Legislative -Council ' the second reading of the Bill providing for the complete abolition of tho! iKouncil was agreed to. The further sta-ejes on the Bill were adjourned until Tuesday. It is stated in well-informed cio.'cles that the President of the Council .may eventually refuse to send the Re peal and Abolitioji Bills on for the R yyal Assent, on the ground that ho can not constitutionally do this unless the BiiSls are first submitted to a referendum e>f the people. 'A protracted legal fight is expect! id on the constitutionality of the Government's action to abolish the TJppctr House. Older experienced, and also legal members, declared that while they were* i prepared to vote for the Bill, theyj1 were quite confident that the Govern- I ment will be unable to accomplish its ! desire until a referendum is held, and I the voice of the people obtained. Sir Joseph Carruthers said that he had no doubt how the people would vote. , Those who wish to save the Legislative Council are relying on an appeal to the Supreme Court to restrain the Government from proceeding with the measure witho.ut a, referendum. Accordingly, an injunction will be sought after the Referendum Repeal Bill, which was passed by the Legislative Council, passes the Assembly. The legal question, a most important one, which remains to be decided, is whether a former Parliament can tie the hands of a succeeding Parliament by its Act providing that a referendum must be taken before the Council can be abolished.