THE New Zealand Herald AND DAILY SOUTHERN CROSS. MONDAY, AUGUST 10, 1885.

New Zealand Herald, Volume XXII, Issue 7402, 10 August 1885, Page 4

THE New Zealand Herald AND DAILY SOUTHERN CROSS. MONDAY, AUGUST 10, 1885.

The" Australasian Federation Enabling Bill has at length passed both Houses of Parliament, but the prospects of its being acted on are not by any means bright. It certainly cannot be said that the popular branch of the Imperial Legislature has manifested much wisdom in dealing with the objections which were entertained against the measure by some of the colonies whose federation it was meant to facilitate. To obviate these a new clause, knuwn as clause 31, was introduced into the original draft in the House of Lords providing for the withdrawal of any colony from the Federation should it so desire, and also for the repealing as to such colony by the Legislature thereof of any Act passed by the Federal Council while the Federation Act was in force in that colony. Had the clause been allowed to stand as passed by the Lords there was some prospect of the Bill becoming operative, as most, if not all, of the colonies might have been induced to try the experiment of federating oh the understanding that, if it was found not to work advantageously, any one of the federating States might retire and resume its previous status. On this understanding the Government of New South Wales had signified its favourable disposition towards the Federation movement; and, for sake of securing unanimity of view, and getting that movement into actual form, the Government of Victoria, although opposed to the clause providing for withdrawal, would ultimately have deemed it expedient to accept it. The House of Commons would therefore have acted more judiciously by accepting clause 31 as passed by the Lords. But, unfortunately, there is a tendency in that

branch of the Legislature to speculate on constitutional theories, rather than to be guided by practical knowledge, and hence the clause in question awakened opposition. It was expected, indeed, that the clause would be expunged altogether, and notice of motion to this effect had been given by Mr. Goschen, but owing to his absence it was not brought forward. The most important portion of that clause, however, or what in the telegrams is called the abrogating proviso, was expunged therefrom. In the event of any colony electing to withdraw from the Federation, it was provided "that all Acts of the Council passed while the Act was in operation in such colony shall continue to be in force therein, unless altered or repealed by ths Council, or unless repealed as to such colony by the Legislature thereof." On the motion of the Hon. Mr. Stanley, Secretary of State for the Colonies, the words italicised were deleted, and the power of a seceding colony to repeal ordinances passed by the Council while it was in connection with the Federation is now denied to its Legislature. The anomaly in the clause as amended is that though a Colony may withdraw, it will still be bound by the Acts, to the passing of which it had been a party. It is not difficult to see what the effect of this illogical proceeding will be ; and indeed it has already been exemplified in the action taken by the Government of New South Wales. As the messages of this morninc; shew, Sir A. Stuart, Premier, has telegraphed to the AgentGeneral stating that the passing of the Act in its present form will prevent Now South Wales from joining the Federal body. It may be regarded as certain that from the same cause as well as for other reasons Mew Zealand will also hold itself aloof. Moreover, the general result will be that the Act will virtually remain a nullity. Victoria, South Australia, and Tasmania may be willing to federate, but it requires the consent of four colonies to render the Act operative. This difficulty might be got over by Queensland agreeing to join. It is however very doubtful if this colony will deem such a course expedient so long as New South ales withholds its consent, as in that case the Federation would be territorially dismembered. From telegrams published to-day it would seem as if the Premier of Queensland were favourable to that colony being embraced in the Federation, as he has consented at Mr. Service's request to draft a memorandum, to be submitted to the various colonies, soliciting their acceptance of the Federal Council Enabling Bill. Still the proposal has to receive the endorsement of the Legislature of that colony, and it is not unlikely that its consent may be withheld. The hope too is expressed by Mr. Service that on further reflection New South Wales will not stand aloof from an Intercolonial Federation. Judging, however, from the past attitude of that colony, no change therein need for the present be expected, and if Federation should be cone into without her it will to the outside world appear as an abortion. Practically, therefore, the Federation Enabling Bill will remain a dead letter. This, it is true, may be no occasion of regret; and, indeed, viewed in connection with the overshadowing importance of the movement for Imperial Federation, it may be considered rather as a cause for congratulation. It is however none the less to be regretted that a measure which might have been potential for good should, through bungling management, be doomed to die at its birth.