§ 114. “Disqualified.”
This section is based on the fourteenth Amendment of the Constitution of the United States, cited above. That amendment was passed after the Civil War, in order to induce the Governments of the States to confer the franchise on the emancipated negroes, who were declared citizens of the United States. It was designed to penalize, by a reduction of their federal representation, those States which refused to enfranchise the negroes.
The effect of the section in this Constitution is that where, in any State, all the persons of any race—such, for instance, as Polynesians, Japanese, &c.—are disqualified from voting at elections for the popular Chamber in the State, the persons of that race resident in that State cannot be counted in the statistics used for ascertaining the quota.
Representatives in first Parliament.
26. Notwithstanding anything in section twenty-four, the number of members to be chosen in each State at the first election115 shall be as follows:—
| New South Wales ... | twenty-three; |
| Victoria ... ... ... | twenty; |
| Queensland ... ... | eight; |
| South Australia ... ... | six; |
| Tasmania ... ... ... | five; |
Provided that if Western Australia is an Original State, the numbers shall be as follows:—
| New South Wales ... | twenty-six; |
| Victoria ... ... ... | twenty-three; |
| Queensland ... ... | nine; |
| South Australia ... ... | seven; |
| Western Australia ... | five; |
| Tasmania ... ... ... | five. |
― 457 ―
HISTORICAL NOTE.—In the Commonwealth Bill of 1891, the clause was as follows:—
“The number of members to be chosen by each State at the first election shall be as follows: [To be determined according to latest statistical returns at the date of the passing of the Act.]”
At the Adelaide session, 1897, the clause was introduced and passed as follows:—
“Notwithstanding anything in section 24, the number of members to be chosen by each State at the first election shall be as follows: [To be determined according to latest statistical returns at the date of the passing of the Act, and in relation to the quota referred to in previous sections.]”
At the Sydney session, a suggestion by the Legislative Assembly of Victoria to omit reference to the quota was not put from the Chair, being consequential on other amendments already rejected. (Conv. Deb., Syd., 1897, p. 454.) At the Melbourne session, verbal amendments were made after the fourth report. In the Bill as introduced into the Imperial Parliament, the blanks were filled in, with the alternative provision in the event of Western Australia being an Original State.