N.S.W. APPEAL.

Star (Christchurch), Volume LXVI, Issue 20282, 17 April 1934, Page 5

N.S.W. APPEAL.

Fate of Upper House Not Certain. HEARING NEXT MONTH. (Special to the “Star.*') SYDNEY, April 10. Most people have taken it for granted that the affirmative vote in favour of the reform of the Legislative Council taken by referendum last year, has settled the matter “for good and all.’* The Stevens Government lias, for practical purposes, assumed this, and it has gone on with its appointed work of reconstructing the Upper House in accordance with the term* ot the Reform Bill. But'it should not be forgotten that an appeal was lodged against the bill, and when our Courts rejected it, the appeal was carried to the Privy Council. It is not likely that the Privy Council will take a view of this case materially different from that already expressed with great emphasis by our own Courts. But it is possible that they may find in favour of the appellants. Thifi would mean that the Referendum Act was “ultra vires of the Federal Constitution”; and this in turn would mean that the reformed Upper House is unconstitutional. As such, it is argued, none of its enactments are valid, and therefore it* members cannot pass an Indemnifying Act *in their own favour. Therefore, members of the old Council, displaced by the Reform Bill, would ally resume their seats; and what would Mr. Stevens do then? Possibly he would ask the Governor to appoint sufficient new members to swamp th« Upper House, and quite possibly Sir Philip Game might refuse. Conjecture may well cease here; bua it is well to remember that this appeal is actually going before the Privy cil next month and that the issue is not yet a legal certainty. 4