FEDERATION AUSTRALIA.

Otago Daily Times, Issue 11454, 20 June 1899, Page 2

FEDERATION AUSTRALIA.

A POPULAR A--OTE ON THE SUBJECT.

To-day a referendum vote will be taken in New South Wales on the subject of federation. In Queensland the Legislature is about to discuss the measure; in Tasmania the Parliament is now* engaged oiv the subject; the. Victorian Parliament meets about the end of the month,.and will discuss the Federal Enabling Bill, conditionally on New South Wales having * on-Referendum- Day ' pronounced in favour of the measure.

The Sydney' Morning Herald" of June 6 was a special Sederal issue, to place the case for federation fully and compactly before the people., In sp6aking of the advantages of federation, it'says:-. "So far as the common benefits will affect ■ail,-they are readily enough indentifiable. Any cianee of future strife will be done away with, and, as has been mentioned, all the colonies will work to the common end. The military lorcos of the whole of Australia will bo • brought under a central control, and the '• coastal defences will be under similar Federal direction. By amalgamating the Federal services, an enormous saving should be effected in these branones of administration, while its work should be more efficiently done under *?mg.e direction. .While federation mil slimuiate trade, and commerce, the "effect of this stimulation and increase will be ifelt in the in-. creased values of land arid property, and all Uiose favourable social conditions of which these.aro the index. By doing away with the ■var ot railway rates as far as possible, the railways themselves .will be put on a better paying basis, and the pastoralist interest will be served by the abolition'of the stock "tax. ouch breadstuffs and foods as Australia pro--luces will be able to, circulate free of "Customs duties throughout the Commonwealth,. ayd the coal and iron produced in one part ■;t Australia will find open markets and opportunity for profitable employment in a'l It. should not be long before it is found pos-u-lo^to convert and consolidate the debts of v.'.c estates, thus securing a large saving in interest. There are other ways of which the yalue cannot be exactly assessed. By affording a wider, scopo to the honourable ambi- s liens of all Australians; by offering opportunities of public careers on a scale similar to hat.of other commonwealths,- by giving A*u<*.tralians a national designation and status; by endowing Australian literature" and art with a, name asMndentifiable as we hope their distinctive character will one day be; arid by accustoming all Australians to recognise the common destiny—in these ways, the worth of which 13 not to be stated in bald figure?, is the wider nation-making ■influence- of- Australian federation to be exercised." ••" THE FEDERAL CONSTITUTION. :'- ---.- constitution-, is in the form of a bill to be passed by the Imperial Parliament, entitled a* 'Bill lo Constitute the Commonwealth,, of Australia.." It begins with eight •/covering, clauses,"* whicli are not strictly part' oiv the Constitution, but declare the means by wnich the Commonwealth is to be established.' Tue preamble, after invoking the blessing of t-.od, strikes the keynote of the Constitution by declaring that the people'of the federating colonies have agreed to unite in an indissoluble federal Commonwealth under the British Crown. The word—Commonwealth " expresses union for* the common welfare of Australia ; the word '. Federal" expresses' that the union is to be*for common purposes only,'and that each colony is to retain its independence ra matters: of; purely internal government.' The Commonwealth is to be established byproclamation on a day, riot later, than one year after the passing 'of the act, but' before that day the first Governor-general may ,be appointed, and the colonies may pa.ss -any laws which the .Constitution authorises them to pass—such as a lav/ dividing the colony, into electorates for the first election; of'members of, the House of Representatives, Thus everything may- be in readiness on the day when federation begins. Each of the existing colonies of Australasiais mentioned by; name as entitled to be admitted as *a: State of theCombnwealth. Then follows the. Constitution proper' iri eight chapters. It provides for all the machinery of a complete Federal Government, without destroying the existing Governments of . are States.; and it defines the division of power between the Commonwealth and the States re- , spectively. Chapters I, IT,: an d HI, deal with •"'•*• legislative, executive, and• judicial' organs ;of the Federal Government; Chapter IV with •finance arid trade; Chapters V and Vi with the, States and the admission of new States; Chapter VII with a; few miscellaneous matters; and, Qhapter Vni with the amendment oi the Constitution. - ..'..• .*'..'. CHAPTER' L-THE -FEDERAL PABLIA^ '."•' -'-■-- - ■■.'*•■"?'•*■ MENT.* ■ ■..■.-.-V, ■;,*.,. ■•• :,*-■ * PART 1.-GENERAL (SECTIONS 1^6): " llio Federal Parliament is to consist of the ; Queen arid the two. Houses to be called theand the House of Representatives. The Queen ip to be represented in the Coriimonwealth.by a Go%'enior-general, who will have'the usual, duties of a Governor:'He .'■ may summon and prorogue the Federal Parliament,, a,nd dissolve the House of Represent-a--tives —or, in cases of a deadlock, both Houses together, The Parliament must meet at least ono?. a year, and its first meeting must be within six months' after the Commonwealth is established. .*• ','"'"' PART lI.—THE SENATE (SECTIONS "'.-". -/■• . * y-7-23). *.•,. Tiie Senate is to be composed of senators for'■ each State, directly chosen by the "people of each. State.; Each " original State " (that is, each State which joins at the out.sci) is tohave an equal number Of senators. ' This number is at first to be six, but may be increased .by the Parliament. ' States which conic in afterwards will not necefsarily have equal representation.; that will depend entirely upon the terms of admission. Senators are to "be chosen for six years, sub-* ject, or course, to dissolution, and also subject to the provisions for rotation. The franchise for the election of senators in each State is to be precisely the same as ior the House of, Representatives; ar-d each elector may vote; only once. The Federal' Parliament may. prescribe a, uniform method of election, but till ii, does so, each State may presoribe the method for itself. Senators are ordin__rily to retire by rotation, one-half evei-y three years, so that the Senate shall bo renewed one-half at a time. Full provision is made for filling any casual vacancy. . " - . , The qualifications of a senator are to be th<2 same as those of a member of the House of Representatives. ' . '* PART 111.-THE HOUSE OF REPRESENTATIVES (SECTIONS 24-40). ....; * The House of Represe.ntetives is to be com•p.osed of members directly choseii by the people of the Commo'riwealth in proportion to population. ■ The number of members is to be, as nearly »*3 practicable, twice'the numbor of the senators. The '" quota" of people entitled to return one member is to be found, and the number of representatives of each State determined accordingly., But ' each original State is to have at least five members. The franchise may be determined by the Federal Parliament, but meanwhile the members for each State are to be elected on the franchise of that State. Each elector may vote only. once. >\ The qualifications of a member (until otherwise defined by the Federal Parliament) are to be as follows:—He must be 21 years-of age, must be qualified to be a Federal elector, and must be a British subject, either ntAiralborn or for five years naturalised. PART IV.—BOTH HOUSES OF PARLIAMENT (SECTIONS 41-50). The' Parliament, when it makes a uniform Federal franchise, must not diso^aiify.any adult person who is qualified to vote for the • ■Legislative Assembly of his State. The disqualifications of members of both Houses are substantially the same as for our Legislative Assembly, with slight ,additions. . The Constitution does not prevent a Minister of a State from sitting in the Federal Parliament, but of course loaves each State free to prevent members of the Federal Parliament from sitting in its own Parliament. Members of both Houses aro, until the Parliament otherwise provides, to be paid £400 a year. The privileges of both houses are to be tho<?e of the House of Commons until the Parliament otherwise declares. PART V.—POWERS OF THE PARLIAMENT (SECTIONS 51-60). . One of the most important functions of the Constitution is to distribute the legislative power between the Commonwealth and the States. Two principles must be especially noticed:—l. The Federal Parliament has no power of legislation except what is expressly given to it. 2. The States* retain every power of legislation except what, is expressly taken from them. Most ,of the legislative powers given to the Commonwealth are " concurrent," that is, each State may continue to make laws on these subjects, except so far as they have been dealt with by the Federal Parliament. It will be long before the Commonwealth covers the whole of this field, and meanwhilo the laws and legislative powers of the btates can cover any part which the Commonwealth has not occupied. Some of the Federal pow;ers are from their nature "exclusive" te the Commonwealth. Other powers are made " exclusive" by tho Constitution; and as to these the Slates will retain no power at all. The most important 'powers of Federal legislation set out in the Constitution are as follows: — "Trade.and commerce with other countries and among the several States." Taxation, but so as not to discriminate 1-c-lwoon States or --><u-i**- •-.£

Bounties on the production or export of goods, but so that such bounties shall be uniform throughout the Commonwealth/ . * ." Borrowing money on the public credit of the Commonwealth." The Federal Parliament is also given power to legislate with regard to the departments transferred to the Commonwealth, and with regard to a long list of subjects expresslymentioned. In particular, it can make laws as to banking and insurance, aliens, immi-. gralion, old-age'pensions, conciliation and arbitration. It can, with the consent of any State, take over its railways, or undertake the construction of new railways. But it cannot legislate upon any subject not expressly given to it, and on a large number of subjects the laws of. the States cannot, therefore,, be interfered with. For in--stance, the States will retain complete control over lands, provincial publio works; mm- ' mg, agriculture, and industry, local government and police, property and civil rights, education, y administration of justice within each State, and* generally all matters of internal government. '•'■•'' '■ - ". X " _ The Federal Parliament will have '".exclusive " power over the seat of government, over' all places acquired by the Commonwealth for public purposes, and over the departments transferred to the Commonwealth. CHAPTEI. HI,—THE EXECUTIVE GO- -■'■■■> VERNMENT (SECTIONS 61-70). • , .'-.' The executive power of the Commonwealth will be vested,in the Queen and exercised by the Governor-general as her representative. He will be advised by a Federal Execu^ '-. tive Council, .corresponding to the Executive ■ Council of this colony. ... The Federal Ministers (who will, of course; ; ; exercise the real executive power) will be ap- -' pointed-by the Governor-general, and, will bi*'members of the Federal Executive Council/ They will hold office nominally " during his pleasure," but, Veally so long as they, retain.' the conlidence. 6f the House of Representatives. No Minister may hold office for more than three months without a seat in -the Federal, Parliament. Until the Parliament,,* otherwise provides there must not, be mort'*' than seven Ministers, and not "more than £12,000 must be payable for all their salaries: - These provisions are designed to secure the - responsibility of Ministers to the Parliament'; and they go further iii this direction than any existing colonial Constitution by requir-" ing that every Minister must sit in Parliament.',- '*; * ■-' . , . . -\ .*,: The Federal Executive power extends only to carrying out the Constitution and Federal laws, and will-not otherwise interfere with the Executive Governments'of the States; CIVIL SERVICE (SECTIONS 67, 69. 84, ■-';'- *■". .'"'" !-'.'''.■ 35). ~*"■" ■■ *■■ ' :- : y: The appointment, and removal of Federal ' -Civil .servants.; is. vested at first'iii the ■*■' Go-vernor-geueral-in-Counoil,' .that is, in tli« Federal .Ministry; but the Ministry or tha Parliament may delegate if to some other authority. The Governor-general is also to be Commander-in-chief of the military and paval forces^-just as each colonial Governor is at present. v* •;.... .- <" ... , .■-"■..... - The onlj'Feaeral, departments, at the "outlet, will be the departments of customs and" excise (which are to be" taken over at once), and the following departments, which" are to be taken over as;soon as convenient:—Post, *.* telegraphs, arid .telephones; naval and military defence; lighthouses, lightships, beacons, and buoys;' and quarantine. . . *, *, CHAPTER" IvCr-rTJIE JUDICATURE; •'.'' (SECTIONS 71-80). •■:*"■■;■ The Constitution creates a, High Court of Australia, to "consist of ay Chief Justice and at- least two 'judges. -The Parliament/ has power to create other Federal Courts, and to give Federal jurisdiction to the Courts of the * States. ■';'. '■■'■'■■ .._[:..._..-?.. .'■: The Federal Judges are made independent of political influence.*- They cannot be removed except formisbehaviour or incapacit}', and then only on an address from both Housesof the Parliament; and their salaries may not - be reduced while'they are in office. •'-•-- ;; - The High Court is to be a Court of Appealfrorivthe Supreme Courts of the States, and' also (but on-question's of law only) from the ; Inter-State Commission, y "*■-■- ;. * ' The present right of appeal from the Supreme Courts of the States direct to the Privy Councilis not taken awa*y, so that there is. a choice cf appealing either to the High Court or to the Privy Council. But .if tite High* - Court is choseii*. its deGisiom is- to. be -final, except, that' the .Privy- Council",may . grant "special- leave of appea'. to itself in any particular case. This special leave is orily'likely" •to.be granted in very exceptional cases; ;. , '-.-j'" .But in matters solely involving the interpretation of the Federal Uonstitutiony or' of a State Constitution "no appeal to the Privy Council is" allowed^ .In these .cases therefore an appeal . will lie to the = High Court only, • and its decision will be absolutely final, so: that'the Cons'tittition, having been framed by . the*'^iStraliari people, willy be. interpreted by jA,ujr_^*liaifcTudges'.',•■ *'• *.:'.*w i ■'■_■.• .T- •*■ ■ The'ffigirGqUrt is to haye original jurisdic-. tiori—thaMsj-pow-er to hear oases in the first instance—in-five kinds of-cases of a speciallyFederal .character, and,-the Parliament., has power to "extend this. original jurisdiction to certain other cases. . •' :The Parliament may regulate the right of.' suing tiie Commonwealth or, the,, States in. the Federal Courts. Indictable offences against the Commonwealth must be tried by" ■jury in. the State where the offence was committed. * • •*■ - ■. ■.." x' .*,yy . . CHAPTER IV.—FINANCE AND TRADH. . "" ' ' (SECTIONS $1-104). ' "" •'•' All the revenues of the Commonwealth are to be paid into a Consolidated Revenue Fund, which can only be drawn upon by appropria-' tions made by law. ' FIRST PERIOD.- BEFORE UNIFORM TARIFF (SECTIONS 86-89). "* From the ; fiist the Commonwealth will.collect, all .customs and excise duties, and cohr/ frol the payment of bounties.- But until the' uniform tariff, the; duties so collected,will be according to the tariffs of the several' States, - and intercolonial freetrade will not begin. • Under the Braddon clause (which, after 10 years from the; passing of tho Constitution/ may be repealed by simple act of Parliament), the Commonwealth must not spend for Federal purposes more than one-fourth of the net customs and excise revenue, and . must' return the other three-fourths to the State's, or uso it to.pay the* interest of State. debts. • ? The object of this is to prevent the Common- , wealth spending it extravagantly, and to secure a substantial.return to the States which, require it for their owii expenditure. .; ','".' The Commonwealth is to return to each State the revenue collected in that State after . deducting its proper share of the Federal expenditure. The expenditure for the depart-•' ments transferred from any State is-to be charged to that State'; new Federal expenditure (for-instance, the cost of the. Federal Parliament and Courts) is to be charged m - proportion to population. EacK State will, therefore, get back its own share of the. surplus.. The uniform, tariff. must be imposed within two years. SECOND PERIOD: FIVE YEARS FOLLOWING - UNIFORM TARIFF (SECTIONS 90-93). * - As soon as the uniform tariff is imposed all the State tariffs and State bounty laws will cease, full intercolonial freetrade will begin, and the States ,will have no further power to pass laws as to customs, or excise, or bounties.- All State bounties will, therefore, cease, except that moneys actually granted for bounties before June 30, 1896, may be ex-, p'ended ; and binding contracts entered into before that date will hold good. To have invalidated these would have been repudiation. THIRD PERIOD : AFTER FIVE TEARS. After the uniform tariff bas been in force five* years, the Parliament may provide for the return of surplus revenue to the States on suoh basis as it thinks fit. By this time it is expected that all the difficulties of Federal • finance will have worked themselves out, and that the Parliament, with five years' experience of the Federal tariff, will be able to finally solve the financial problem on a fair basis. Until it does so, the system of the preceding period will continue, and of course any new scheme must first be sanctioned by the House of Representatives., . In ease of disagreement between the Houses the deadlockclause will be available, so tliat the scheme will be chiefly controlled by the large States. In about the third year of this period tlu. time will arrive when the Braddon clause (unless previously removed by constitutional amendment) will become completely subject to the control of the Parliament. INTER-STATE TRADE AND COMMERCE ("SECTIONS 93-10*.). Tiie power of the Parliament to regulate foreign and inter-State trade and com meres is declared to extend to navigation and shipping, and to State railways. It must uot be exercised so as to give a preference to any State, nor so as to deprive the people of any State of the reasonable use of waters for irrigation or conservation. The Commonwealth cannot control the rivers except iv regard to * navigation : it has no power to deal with irrigation. Navigation is a Federal power : irrigation, a Slate power. Accordingly, to prevent irrigation being made subordinate to navigation, it is provided that, in the event of a conflict between the two, the .-easonablo use of waters for State purposes shall have priority. There is to be an Inter-State Commission to carry out the law relating to trade and commerce. It will only have for this purpose such powers as the Parliai-icnt chooses to give it: and the powers which Parliament -can give it arc carefully limited. Its members will be appointed for seven year., and during their office are secured from political interference in the same way as the judges*. With regard to rates on State railways, the powers of the Parliament and of the Commission are carefully defined. The following principles are laid down: The only rates whicli can be prevented are preferences or discriminations which are undue and unreasonable oi unjust to another State. The Farlhment 'mar

forbid such preferences or discriminations, but no preference or discrimination can be held to be undue, unreasonable, or unjust, unless the Commission decides it to be so. No rate >an be prevented which the Commission thinks necessary for the development of the territory of the State—if it applies equally to the the goods from other States. And the necessity for making the railways pay must be taken into consideration. DEBTS (SECTION 105). • The Commonwealth may take over the debts of the States, cither wholly or proportionally, the States guaranteeing the amounts so taken over. .The Commonwealth may pay each State's share of the interest out of tbe surplus returnable to that State, and may apply to.'that purpose any part of the revenue returnable under the Braddon clause. . CHAPTER V.-THE STATES (SECTIONS 106-120). The Constitutions of the States aro to oonlinue as before, except as affected by this Constitution; each Stale will retain the same power of amending its own Constitution as at present. The State Parliaments will keep all their present powers, except those which are expressly taken away from them by the Constitution. As to subjects within the concurrent power (i.e., subjects on which power to legislate is given to the Federal Parliament, but is not taken away from the State Parliaments), State laws will still be valid if they do not conflict with a Federal law. But when a Federal law [pn a subject within the Federal legislative power) conflicts with a Slate law, the Federal law will prevail. Each State may regulate the liquor traffic within its borders, notwithstanding that the liquor is imported, and therefore comes under the head of " Inter-State Commerce." No State may (without the consent of the Commonwealth) raise any naval or military force; or tax public property of the Commonwealth ; or coin money; or put citizens of other Stales under any disability. Tho Commonwealth may not interfere with religious freedom, nor tax the public property Df tiie State.i. It must protect the States against invasion, and (if requested) against domestic violence. CHAPTER VI.—NEW STATES (SECTIONS 121-124). The* Parliament may admit new States, tin such terms, and with so many members in each House of tho Parliament, as it.thinks lit.. It may make laws for the government of territories, and may allow them to be represented in the Parliament. . -The boundaries of a State cannot be altered without the consent of its Parliament and of a, majority of its voters. New States may be formed by the division i or uriion of States, but only with the con- , sont of the States affected. - CHAPTER VII.—MISCELLANEOUS SECiIONS 125-127). The seat of Government, or Federal capital, is to be chosen by the Commonwealth, and i must be in Federal territory, within' New . South Wales, and not less than 100 miles from' Sydney. This territory must contain at least "Iw square miles, and so iriuch of it as is Crown lancts must be given without payment. The Coriunonwealth will have power (under section 51) to resume for fair compensation any, part of it which is private proporty. • If Victoria joins, tho Parliament is to sit in Melbourne till it meets at the seat of Government. CHAPTER VIII.— ALTERATION OF THE CONSTITUTION (SECTION 128). An amendment of the Constitution may be passed by an " absolute majority" of each House and then submitted to a-referendum. But if either House passes it, and the other House disagrees,' and if, after three months, the first House passes it again,, it may be submitted to a referendum in spite of the disagreement of the other House. At the referendum it must be approved by a majority of the electors voting, and also by ; separate majorities in more than half the States. The votes in any State which has •women's suffrage are to be counted at one half their number, so as to prevent that State having double influence. Any amendment reducing the relative representation of any Slate in either House must have the approval of a majority of elec-tors-voting in that State. INDIGENT, QUASI-CRIMINAL, AND CRIMINAL CHILDREN : THEIR . TREATMENT. TO THE EDITOR. Sir, —I have written several times on this subject, but I must confess to a keen feeling of disappointment ai tho apathetic treatment tliis -question receives. I wrote to tHo Outlook some weeks ago a letter on the subject explaining c scheme thut I thought worthy of consideration, and ai the same time I submitted my scjieme t'o:iny. friend, the Comptroller-general "of-■' Prisons, ?Skw South Wales. Captain Neitenstein is certainly one of the best living authorities on the subject, and'his opinion must carry great weight, and I have appended his letter, and also extracts from his two last years' roports, which he forwarded me yesterday. The extracts are somewhat lengthy, but are most interesting. • On this occasion you might perhaps break through your rule and publish my letter, *lthough it has appeared in another paper first.—X am, etc., John F. M. Fraser.