THE FEDERAL COUNCIL.

Evening Star, Issue 6815, 1 February 1886, Page 1

THE FEDERAL COUNCIL.

The Federal Council of Australasia, constituted under an Act of the Imperial Legislature, is now an accomplished fact, but the completeness of the scheme is seriously marred from the fact that New South Wales and South Australia are not represented. New Zealand and Fiji, although included within the scope of the Act, could hardly be expected to derive any very immediate benefit from the contemplated federation; and-itt the case of New Zealand it is more than questionable whether danger might not accrue to our independence if in any material respect it was liable to be affected by the action, of a Council in which the largo majority must of necessity have interests purely Australian. We do not conceive that the absence of representatives from this Colony and Fiji need in any degree affect the status or sphere of usefulness of the Federal Council; but in regard to Now South Wales it is far different. The Council must be crippled if she persists in holding aloof. South Australia, we believe, is not on this occasion represented, from accidental circumstances rather than from determination of the the Legislature. The original Bill to constitute a Federal Council of Australasia was drafted by the Intercolonial Convention, which met in Sydney in December, 1883, and was transmitted to the Secretary of State for the Colonies, with the request that Her Majesty's Government would take such steps as might be necessary to establish a Federal Council. Tho representatives of each Colony in Convention further pledged themselves to submit to the Legislatures of their respective colonies resolutions affirming the conclusions arrived at by the Convention, and inviting said Legislatures to assent to an address to Her Majesty to pass an Enabling Bill' such as that agreed upon. The Bill was introduced in the House of Xords in April, 1885, by the Earl of Deruy, who then stated that live colonies were prepared to become federated under the Bill, but that New South Wales and New Zealand had declined to join. "Of theso two " colonies so standing aloof," he said, " one, New Zealand, ia so far distant "aud so little connected with the "affairs of the Australian Continent, "that its continued separation, if ifc " should remain in the same mind as "at present, would not, as I conceive, "affect tho working of the scheme, " It will be entirely a question for-New "Zealanders themselves; their junc- " tion or their abstention will not inter* " fere with the other States concerned." There was a good deal of discussion both in the Lords and Commons as to the proviso introduced by the Government with tho object of enabling any colony, which might on trial be dissatisfied with the arrangement, to secede. The clause (31) finally passed as follows: "This Act shall cease to "bo in operation in respect to any " colony the Legislature of which shall "have passed an Act or Ordmajico " declaring that the same shall ceiSse to "bein force therein; provided, nevcr- " theless, that all Acts of the Council " passed whilst this Act was in opera- " tion in such colony shall continue to "be in force therein unless altered "or repealed by the Council." New. South Wales contended, and New Zealand joined in that contention, that a colony should have leave to withdraw from the Federal Council when it pleased, and, on its withdrawal, it should hare power to repeal any Act of the Federal Council that had effect in the Colony. Another point required was that no law of the Federal Council should have effect in a colony until it was approved by the Legislature of the colony. As the law stands, it will be understood that any colony, after it joins the Federal Council, may withdraw therefrom; but the laws made before withdrawal will remain in force in the colony unless the Federal Council repeals those laws. The House of Representatives justified tho action of the Government so far by adopting a resolution to the effect that it was " inadvisable during the present session "(1885), and pending further consideration by tho people of the " Colony of the importaut issues iu"volved, to adopt legislation having "for its object to join New Zealand in " the Federal Council of Australasia."

The Act provides that each colony shall be represented by two members, except in the case of Crown colonies, which are only entitled to one; and it is loft to the Legislature of any colony to make such provision as it thinks lit for tho appointment of the representatives of that colony and for determining tho tenure of their office. A session of the Council is to be held once in every two years—the iirat to be held at Hobart, and subsequent sessions in such Colony as the Council may from time to time determine. The legislative authority of the Council is defined in regard to certain matters, but the Governors of two or more colonies may, upon an address of the Legislatures of such colonies, refer for tho consideration and determination of the Council any question relating to those colonies or their relations with one another, and " the Council shall thereon have " authority to consider and determine "by Act of Council the matters so "referred to it." The principal subjects with which specific power is given to deal are—the relations of Australasia with tho islands of the Pacific; prevention of the influx of

criminals ; the service of civil process out of the jurisdiction of the Colony in which it is issued, and the enforcement of judgments; the enforcement of criminal process beyond the Unfits of the Colony in which it is issued, and the extradition of offenders — including deserters of wives and children. Any matter may also be considered which, at the request of the Legislatures of the colonies, Her Majesty, by Ordcr-in-Council, may think fit to refer to tho Council. There is a further provision of somewhat extensive significance, which gives the Council authority to legislate in respect of such of the following matters as may be referred to them by the Legislatures of any two or more colonies:—"General defences, quaran- " tine, patents of invention and dis- " covery, copyright, bills of exchange " and promissory notes, uniformity of " weights and measures, recognition in "other colonies of any marriage or " divorce duly solemnised or decreed " in any colony, naturalisation of aliens, " status of corporations and joint stock '" companies in other colonies than that f< in which they have been constituted, "and any other matter of general " Australasian interest with respect to " which the Legislatures of the several fl colonies can legislate within their " own limits, and as to which it is " desirable there should be a law of " general application." It will be seen from the telegrams that the Council have already taken in hand several of the definite subjects mentioned, and we shall await with some interest fuller reports of the proceedings.