Part 14

34. Railway construction and extension with the consent of any state or states concerned.

35. Matters referred to the Parliament of the commonwealth by the Parliament or Parliaments of any state or states, but so that the law shall extend only to the state or states by whose Parliament or Parliaments the matter was referred, and to such other states as may afterwards adopt the law.

36. The exercise within the commonwealth, at the request or with the concurrence of the Parliaments of all the states concerned, of any legislative powers which can at the establishment of this constitution be exercised only by the Parliament of the United Kingdom, or by the Federal Council of Australasia.

37. Any matters necessary for, or incidental to, the carrying {241} into execution of the foregoing powers or of any other powers vested by this constitution in the Parliament or the Executive Government of the commonwealth, or in any department or officer thereof.

All matters not mentioned above, such as land settlement, railway construction, &c., are to remain vested in the Parliaments of the several states. Each state shall retain its local Parliament and have a Governor, who is to be appointed by the Crown, and communicate direct with the Crown as at present.

On the establishment of the commonwealth the control of the following departments will be taken over by the Federal Government, and the commonwealth will assume the obligations of any state or states with respect to such matters:--

Customs and excise.

Posts and telegraphs.

Military and naval defence.

Ocean beacons, buoys, lighthouses.

Quarantine.

There are to be seven Ministers of State, and their salaries will, in the aggregate, be L12,000 per annum. A Minister, within three months after being appointed to that office, must become a member of one of the Houses of the Federal Parliament.

All Bills having for their main object the appropriation of any part of the public revenue, or moneys, or the imposition of any tax, must originate in the House of Representatives. Bills imposing taxation must deal with the imposition of taxation only, and those imposing duties of Customs or excise must deal with duties of Customs or excise only. The expenditure for services other than the ordinary annual services of the Government must not be authorised by the same law as that which appropriates the supplies for the ordinary annual services, but must be authorised by a separate measure. The Senate can amend any Bills except those imposing taxation, or appropriating the necessary supplies for the ordinary annual services of the Government. With respect to these money measures, the Senate can, at any stage, return a taxation or appropriation Bill to the House of Representatives, suggesting that any provision or item therein should be omitted or amended, and the House of Representatives may, if it thinks fit, make such omissions or amendments with or without modifications. The Bill, in its {242} amended or original form--should the House of Representatives decline to adopt the suggestion of the Senate--will then be sent back to the latter Chamber, which may either pass or reject the measure.

The seat of the Government of the commonwealth is to be determined by the Federal Parliament. Until such determination the Parliament shall be summoned to meet at such place as the majority of the Governors of the states, or, in the event of an equal division of opinion amongst them, as the Governor-General may direct.

Before the Constitution can be amended an absolute majority of both the House of Representatives and Senate must approve of the alteration, and it must then be confirmed by a vote of the people, a majority of the states being required as well as a majority of the people.

There is to be a federal judiciary, consisting of a high court of Australia, and such inferior courts as Parliament may determine. The high court is to consist of a chief justice, and at least four other judges, and is to hear appeals from the state courts and inferior federal courts. This appeal is to be final, except that in matters affecting the public interests of the commonwealth or of any state, application may be made to the Queen for special leave to appeal to the Privy Council. Uniform Customs duties are to be imposed within two years of the establishment of the commonwealth, and trade and intercourse throughout the commonwealth is then to be absolutely free. In the meantime the local tariffs are to continue, but they will be collected by the Federal Government, and after deducting from the revenue received in each state the contribution of that state towards federal expenses, the balance is to be returned to the state month by month. During the first three years after federation the total annual expenditure of the Federal Government is to be limited to L300,000 for new federal expenses, and L1,250,000 for services transferred from the states. During the first five years after the imposition of a uniform tariff, the surplus revenue, after deducting the contribution of each state to the federal expenses, is to be returned to the states in the following way: Accounts of Customs and excise duties collected in each state are to be kept during the twelve months following the coming into operation of the uniform tariff, in order to ascertain, first the average net amount per head in each state, and next the {243} average per head for the whole commonweath. A sliding scale, extending over four years, is then to be adopted, in order to determine the amount to be returned. Where the average for a particular state for the first year is less than the general average, the per capita sum is to be increased by equal gradations, until, at the end of four years, it equals the general average. Similarly, where the average for a state is greater than the general average, it is to be gradually reduced to the general average. Then, at the end of the five-year period, all the states will be placed on the same footing, and will receive an equal sum per head from the federal revenue. This scheme of distribution is subject, however, to the important proviso that during the five years the aggregate amount returned to all the states in any year must not be less than the aggregate amount returned in the year immediately preceding the imposition of uniform duties.

Equality of trade is to be preserved throughout the commonwealth, and any law or regulation derogating from that principle is to be null and void. Parliament may appoint an interstate commission to execute and maintain upon railways within the commonwealth, and upon rivers flowing through, in, or between two or more states the provisions of the constitution relating to trade and commerce. The commission is to have such powers of adjudication and administration as may be necessary for its purposes, and as the Parliament may from time to time determine, but shall have no powers in reference to the rates or regulations of any railway in any state, except in cases of rates or regulations preferential in effect, and made and used for the purpose of drawing traffic to that railway from the railway of a neighbouring state.

"The Federal Council of Australasia," by the Hon. Alfred Deakin, Australasian Review of Reviews, February, 1895.

Cap. iv., Clause 13.

Cap. i., Clauses 54 and 55.

"Notes on Australian Federation," by Sir S. W. Griffith. Parliamentary Paper, Queensland, 1896.

An article published in the Melbourne Argus of April 26, 1897, and included with the kind permission of the London agents of that newspaper.

{244}

SALIENT FEATURES OF THE AUSTRALASIAN DEMOCRACY

Indirect effects of the discovery of gold--Causes of the financial crisis--The origin and extent of State Socialism--The thriftiness of the working-classes--Labour Representation in Parliament--Parliamentary Government--Direct Taxation--Conciliation and Arbitration in Industrial disputes--Protection and its corollaries--The feeling towards Great Britain--General conclusions.

The enormous immigration of the fifties, due to the great discoveries of gold in Victoria and New South Wales, has caused Australia to become one of the most democratic countries in the world. Before that time the soil was held in large areas by pastoralists who, in the absence of opposing forces, would have formed themselves gradually into a strong landed aristocracy. But the miners, a class of men who had shown their energy and determination by their readiness to travel thousands of miles in the search for wealth, introduced an entirely new element: they had thrown off their traditionary reverence for vested institutions, they were able to earn high wages or directly to enrich themselves, {245} and they resented an assumption of superiority on the part of any section in the community. When, in the course of years, the mining industry began to wane, they swarmed into the towns and constituted an important link in the chain of causes which has swelled some of the capitals to their present unwieldy dimensions. Deprived of their means of livelihood, and indisposed for rural life, they clamoured for other employment, and were able, in several Provinces, to induce the Ministry to impose a protective tariff which artificially fostered the growth of manufactures. The protective tariff naturally increased the urban population, as did the undiscriminative system of State-aided immigration, the centralisation of all departments of the Government, and, in its ultimate effects, the construction of public works.

In a population of pastoralists and miners, engaged in pursuits which inculcate reliance upon individual efforts, it is somewhat strange to note the early development of a tendency towards State socialism; but I am inclined to think that, in this respect also, the discoveries of gold exercised a permanent influence, not only in the Provinces immediately affected, but throughout Australasia, from a tendency towards imitation. In the first years of Responsible Government British capitalists had a natural distrust of Australian securities, and declined to advance money except at a high rate of interest. But when they saw the phenomenal increase in the {246} yield of gold, and the large revenue obtained from the sale of lands, they overcame their scruples and displayed, during the twenty years which preceded the financial crisis, a readiness to grant loans to the several Governments which is believed by many to have been a great misfortune to their debtors.

The political and unremunerative railways of Victoria, which have been discussed in the chapter dealing with that Province, could not have been constructed but for the easy access to large funds. Another aspect of the question has been emphasised in an article published by the Sydney Bulletin which, however much an Englishman may demur to its Republican principles, must be admitted to be an authority on Australasian topics. A strong plea is put forward for the necessity of defining by Act of Parliament what kind of works should be charged to loan-moneys, and what should be charged to revenue. The advantages, it is contended, will be threefold; the attention of the country will be drawn to the matter; the Loan Estimates go through so rapidly that very few people are aware how the thing is worked. The lender will know the destination of his money, and all treasurers will be placed on a level, whereas, at present, "the dishonest treasurer who makes a surplus by using borrowed money for road repairs and all manner of other ordinary expenditure is a heaven-born financier, while the honest one who doesn't is driven out of {247} office, either for having a deficit, or for increasing taxation, and is a failure either way." Official figures are quoted for New South Wales in order to prove that during the years 1885-1890, which covered the flotation of several loans, surpluses and deficits alternated as the treasurer was or was not able to dispose of borrowed funds. Indirectly, of course, many of the public works which do not produce a direct revenue may be of financial benefit to the State, through an increase of population and the encouragement of settlement; but it is a hazardous principle to borrow money for their construction.