FEDERAL CONVENTION.

New Zealand Mail, Issue 996, 3 April 1891, Page 29

FEDERAL CONVENTION.

(BY ELECTRIC TELEGRAPH— COPYRIGHT.) MR MUNRO TAKES A GLOOMY VIEW. NOVEL EXPEDIENT TO SECURE SECRECL. (per press association. ) Melbourne, March 26. Mr Munro, Premier, has returned from Sydney, owing to the sudden death of Mr Landgridge, Chief Secretary of Victoria. In the course of an interview he said the outlook for a successful termination of the National Convention was a gloomy one, as he believes the Constitution will be suck as neither New South Wales nor Victoria will accept. Sydney, March 27. The Committee who are to draft the Constitution Bill for the Federal Convention, in order to prepare the measure without risk of the contents becoming prematurely divulged, have gone to sea in the Queensland Government’s steamer Lucinda. Sydney, March 30. The Constitutional Committee of the National Convention has been sitting all day, and will probably sit all night considering the draft Bill, which it is expected they will have ready when the Convention meets to morrow afternoon. Mr J. M. Macrossan, one of the Queensland delegates to the National Convention, died to-night. He had been ailing for some time back, and attended the Convention against the advice of his medical advisers. Sydney, March 31. The National Convention resumed its sittings at 3.30 this afternoon. Mr W. McMillan (New South Wales) feelingly referred to the death of Mr J. M. McCroßsan, one of the Queensland delegates, which took place last night, and moved a motion recording the great loss Australia and the Convention had sustained. Sir S. W. Griffith, Premier of Queensland, said no man had a wider knowledge of the subject of Federation than the deceased gentleman, whose death was a national loss. 1 he motion was carried. Sir S. Griffith brought up the report and appendices of tha Constitutional Committee, and moved that the report find Bill be referred to a Committee of the whole Convention. He explained the reasons which had led them to framing the Bill with the title of “ Commonwealth,” which he thought would be regarded as the most natural and proper name. The Committee had decided upon the name of “ State ” in order to iodicate the component parts of the Common, wealth. The Bill provides that the Bhort title shail be “The Commonwealth of Australia.” Her Majesty the Queen has power to proclaim the Commonwealth not later than six months after the passing of the Bill. The Federal Connoil Act is repealed and the legislative power vested in the Queen, Senate, and House of Representatives. The Governor-General to be appointed by the Crown at a salary not less than_ £IO,OOO per annum, which is not to be diminished during his term of office. The GovernorGeneral is empowered to fix the time of the first and every session of Parliament, and to prorogue or dissolve Parliament. The first Parliament must be called together not later than six months after the establishment of the Commonwealth. Annual sessions are to be held, and members of both Houses are to have the immunities enjoyed by memberß of the House of Commons until the Federal Parliament defines the immunities. The Senate shall consist of eight members from each State, y?hp. shall be chosen by the Legislatures in session. Each Senator to, have one vote and to be elected for six years. The failure of any State to provide for its representation in the Senate is not to affect the latter’s power and despatch of business. The Senators from each State are to be divided into two classes, the first class to retire after three years service, and the second class at the end of the sixth year, so that one-half may be chosen every third year. In the event of a vacancy occurring during the recess the

Governor in the State has power to nominate a Senator till Parliament meets, and such Senator chosen to fill a vacancy is only to sit for the unexpired term. The qualification for the Senate is five years’ residence, and uo person shall be eligible who shall not have attained to the age of thirty years. One-third of the members to form a quorum in the Senate, and all questions arising in that Chamber to bo determined by a majority oE votes. The President in all cases to be.entitled to vote, and when the votes are equal on any question, shall pass a negative. The Bill enacts that members of the House of Representatives are to bo elected for the term of three years, and that the minimum number of representatives of each colony shall be four. The qualification of member to be the same as at present exists. When in any State, the people of any race not entitled by law to vote at elections are far more numerous than those entitled to vote for the House of Representatives, the State representation of that State in the House of Representatives shall be reduced to the proportion which the number of people of that race in the State bears to the whole number of people in the State. When, upon the appointment of representatives, it is found that after dividing the number of people in the State by the number of members to which it is entitled, there remains a surplus greater than one half of such number such State shall have one additional member. The appointment of representatives is left open, and a fresh appointment must be made after each census, which is to be taken at intervals of not more than ten years. The eleotoral divisions are to be determined by the different States. The qualification for a member is that he be of the age of 21, and an elector. A senator is disqualified from sitting in the House. One-third of the members to constitute a quorum, and in cases of equal voting the Speaker is to have a casting vote. Part 4 of the Constitution Bill makes provisions relating to both branches of the Legislature. The members of both Houses are to be paid £SOO per annum. The remainder of the section defiues the nature of disqualifications and penalties, and gives power to both Houses to pass standing orders. Part 5 defines the powers of Parliament, with the exception of money Bills and appropriation Bills (which are separately dealt with specially), and are the same as those contained in the report of the Finance Committee previously telegraphed, with the addition of the following :—Fisheries iu Australian waters beyond territorial limits, census statistics, naturalisation of aliens, status in the Commonwealth of foreign corporations and of corporations formed in any State, marriage and divorce, the service and execution of civil and criminal process, judgments of the Court of one State in another, State recognition of laws, public records and judicial proceedings of one State in another State ; emigration, immigration, influx of criminals, external affairs and treaties, the relatie ns of the Commonwealth to the Islands in the Paoific, and control of railways with respect to transport, for the purposes of the Commonwealth. Parliament is also to have exclusive powers of legislation respecting the affairs of any race, suoh legislation not being applicable to the general community or to aboriginal raoes, and the Government of any territory which may by the surrender of any State and the acceptance of Parliament become the seat of Government of the Commonwealth j and shall exercise a like authority over all places acquired by the Commonwealth with the consent of the Parliament of the State in which the place is situated for the construction of forts, magazines, arsenals, dockyards, quarantine stations, or for any other purposes of general concern and for matters relating to any department or departments of the public service, control of which shall be transferred to the Executive Governmentof the Commonwealth.

Money Bills (appropriating revenue imposing taxation), which originate in the House. The Senate to have equal power to the House in respect to all proposed laws except laws imposing taxation and laws appropriating necessary supplies for the ordinary annual services of the Government, which the Senate may affirm or reject, but not amend ; but the Senate may not amend any proposed law in such manner as to increase any proposed change or burden on the people. 2. Laws imposing taxation shall deal with the imposition of taxation only. 3. Laws imposing taxation, except laws imposing duties of Customs on imports, shall deal with one subject of taxation only. 4. Expenditure for services other than ordinary annual services of the Government shall not be authorised by the same law as that which appropriates supplies for such ordinary annual services, but shall be authorised by separate law or laws, 5. In case of a proposed law which Senate may not amend, the Senate may at any stage return it to the House, with a message, requesting the omission or amendment of any items or provisions therein, and the House may, if it think fit, make such omissions or amendments, or any of them, with or without notifications, as it is not lawful for the House to pass any vote, resolution, or law for appropriation of any part of public revenue or of produce of any tax or impost to any purpose that has not been first recommended to the House a message from the Governor - General in session, in which vote the resolution or law proposed by the Governor-General may return any law sent him for the Queen’s assent, with, an amendment which he may desire to b,e made. Parliament WAY GG&A with such amendments fts it thinks fit. Executive Government.— GovernorGeneral is vested with power to appoint officers to administer the departments of State, suoh offioers to hold office during the pleasure of the Governor - General, and capable of being chosen and oE sitting as the members of either House—such Ministers not to exceed seven in number and their total salaries not to amount jn the aggregate to oyer £15,000 annuallyThe appointment and removal of Civil servants is vested in the Governor-General in Council. The control of the following departments of the public service are to be at once

assigned and assumed to be taken over by the Executive Government, and the Commonwealth shall assume the obligations of all or any State or States with respect of such matters : Customs and Excise, Postal and Telegraph, Military and' Naval Defence, Ocean Beacons and Buoys, Ocean Lighthouses and Lightships, and Quarantine. Powers under existing laws to be exercised by the GovernorGeneral, with or without the advice of the Executive Government as the case may be. Judicature Committee.—The Parliament of the Commonwealth to have power to establish a Court called the Supreme Court of Australia, to consist of Chief Justices and so many other Justices (not less than four) as Parliament from time to time prescribes. The Parliament may also from time to time, subject to provisions of this Constitution, establish other Courts. The Queen may in any case in which the public interests of the Commonwealth or of any State or another part of the Queen’s dominions concerned grant leave to appeal to herself in Counoil against any judgment of the Supreme Court of Australia. As regards Judicial powers, the Judiciary previously telegraphed holds good with the exception of the admission of counsel ta practice iu courts of any State, about which no mention is made in the report. Respecting finance and trade, all duties and revenues from the Consolidated Fund appropriated for the public service of the commonwealth, ehall have power to levy ; also transfer of offioers, transfer of lands and buildings, collection of Customs and excise, Freetrade on the .establishment of a uniform tariff. The appointment of a surplus of revenue and consolidation of public debts are on the lines laid down in the financial report. Parliament is granted power of prohibiting or annulling any law or regulation by any State derogatory to freedom of trade. Chapter 5 is devoted to the States, and provides for the conservation of existing powers of tho Colonies not vested by the present Bill in the Commonwealth. All laws in force in any Colonies relating to any matters declared by this Constitution to be withrn the legislative powers of the Parliament of the Commonwealth shall, except as otherwise provided by this Constitution, continue in force in the States respectively, and may be repeated or altered by the Parliaments of States until tho provisions are made on that behalf by the Parliaments of the Commonwealth. When the law of a State is inconsistent with the law of the Commonwealth, the latter to prevail and the former to the extent of the inconsistency to be invalid. The powers of the present Governor of Colonies to be preserved as far as possible. Governors of each State will be provided for, but the appointment left to eaoh State. Members of the Senate or House of Representatives cannot sit in the State Legislature and the Parliament of the State is made to cede any part of the State to the Commonwealth. The State shall not impose taxes or duties od imports or exports, except such as are necessary for executing inspection laws of State, and the net produce of taxes and duties shall be for the use of the common, wealth, and any suoh inspection laws may be annulled by the Commonwealth. The State shall not, without the oonsent of the Commonwealth, impose tonnage dues or raise and maintain military and naval force, or impose taxes on land or other property belonging to the Commonwealth. The State shall not coin money or make anything but gold or silver coin legal tender in payment of debt. It shall make no law prohibiting the free exercise of any religion, and shall not infringe the privileges of citizens of any other States, or deny any person within its jurisdiction equal protection of law; full faith and credit to be given by each State to the laws of public Acts, records and judicial proceedings of every other State. The Commonwealth - shall protect every State against invasion, and on application to the Executive Government of the State against domestic violenoe, Every State to make provision for detention and punishment in its prisons ol persons accused and convicted of offenoes, against the laws of the Commonwealth, and the Parliament of the Coupuuonwealth may make laws to give effeo.fe to this provision. Chapter G, is devoted to new States, and provides that any existing colonies, may, upon adopting the Constitution be admitted to the Commonwealth, and Parliament shall have the power to admit new States, and make, and impose conditions and representations as it may think fit. The Commonwealth may make laws for the provisional Government of territories placed by the Queen under the authority of the Commonwealth, and the latter may with the consent of the State alt6r the limits of States. A new State shall not be formed by separation or union of two States without the oonsent of all concerned. Tho capital is to be decided by the Commonwealth, and until such is done the majority of the Governors of the different States are toi determine a place of meeting. Any lav* for the amendment of the Constitution, must be passed by an absolute majority of the Senate and ah a the® submitted to Cpnventiona elected by the of the several States, If the proposed, amendments, are approved by the conventions' of the majority of States they shall, beconje law, subject to the Queen’s a'sgent, bu,t an amendment by which the proportionate representation of any State in either House of the Commonwealth is diminished shall not become law without the consent of the Convention of that stare. After Sir S. Griffiths had finished bis explanation, the Convention adjourned until to-morrow morping..