UNCONSTITUTIONAL

Evening Star, Issue 17365, 29 May 1920, Page 6

UNCONSTITUTIONAL

QUEENSLAND'S WAYWABD GOVERNMENT. Press Association—by Telegraph—Copyright. Australian awl K.Z. Cabie Association. LONDON, May 27. Mr E. G. Thr-odore (Queensland Premier), interviewed, expressed surprise that a great authority Uh o yr r Keith should allege that there was a breach of the constitutional rules in connection with the Queensland Government's appointment fit' a .p~- risan as ActingGovernor, the swamping of the Upper House, and tho fact thas the ActiiigGovcrnor had not exercised the right of refusing assent to a Bill because it prejudiced the rights of British subjects out side the State. Mr Theodore sard : "If the Government acted unconstitutionally the p;,int may easily be tested." He added : " Even Governors invariably hold definite political opinions prior to" their appointment, and therefore they may ?.ll be classed as political partisans. The- appointment of new members of the Upper House, even to the extent of swamping, has never been considered unconstitutional. It has occurred in recent years in New South Wales and New Zealand." Mr Theodore admitted that the referendum provided Queensland with the means of settling disputes, but it involved great delay and expenso. He does not regard Mr Keith's suggestion to establish an "imArbitration Tribunal as practicable. r.3 it involves the reactionary principle of the limitation of sovereign "rights. "It will not find a solitary srvpporter in tho Dominions," said Mr 'Theodore. " Noninterference is the sn.-e..-t doctrine." .Sir Gerald Strickland, late Governor of New South Wales, states that Lord Milner. Colonial Secretary, cannot be expected to disavow the acts of the Queenslaud Government, but Mr Keith's remedy was. open to grave objection. The Australian High Court were the proper authority to decido sneh. subieets. It must be made plain to investors that appeals on local matters to a distant Secretary cf State are futile-. The future success of a democratic G-overnrnerrfc appeared to require that every executive should be liable to some control. "My experience in Tasmania. Western Aus*tral'.a. and New South Wales," said r.r Gerald Strickland, " shows that, although. Ministers dislike it, tho electors appreciate the exercise of impartial authority on their behalf. The Governors fhr-uld be able Ministers from flagrant breaches of ""the Constitution bv forcing appeals to the electors on rare occasions.'''