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Index

[NOTE.—The references are to the pages.]

Aboriginal

natives, 983. Not to be counted in reckoning population, 982.

Absence

vacates seat in Senate, 442; in House of Representatives, 481. Of President of Senate, 441. Of Speaker, 480.

Acquisition

of property by Commonwealth, 640; compensation for, 641; purpose of, 642. Of State railways, 643. Of territory for seat of Government, 979. See Eminent Domain.

Admiralty

and maritime jurisdiction, matters of, 797. Jurisdiction of State Courts, 798. Original Jurisdiction of High Court, 799. Jurisdiction in England and America, 800.

Affirmation

of allegiance, 488.

Agent-General,

office of, 632.

Agreement

with public service, disqualifies for Parliament, 491, 493.

Aliens,

federal power as to, 599. Imperial legislation as to, 600. See Naturalization, Immigration.

Allegiance,

oath or affirmation of, 487. Foreign, 490, 491.

Allowance

to members of Federal Parliament, 499.

Amendment

of the Constitution, subject discussed at 1891 Convention, 135, 141; at Adelaide session, 171, 180; demands of N.S.W., 217, 220. Power of, 984; what it includes, 988; restrictions on, 990; limits of, 993. Initiation of amendments, 991; reference to electors, ib.; presentation for assent, 992. Of a Federal Constitution, 316–9, 987. Of the American Constitution, 993; of the Swiss Constitution, 994.

America,

colonization in, 6–23. Discoveries, 8. First English colonies in, 9. See United States.

Appeals,

740. Of right and of grace, 746. Alternative, from State Courts to High Court or Privy Council, 738, 742, 752, 760–1. To Privy Council, by special leave, 750; when granted, 752. Upon constitutional questions, 753–60. See High Court, Queen in Council.

Appropriation,

for ordinary annual expenses, 669, 814; for extraordinary expenses, 670; permanent or special, 670, 814. Votes, &c, for, must be recommended by Crown, 679. For the purposes of the Commonwealth, 812. Must be by law, 814. Procedure for, 815.

Appropriation Bills,

662, 673, 679. Must not originate in Senate, 667; exception as to bills incidentally appropriating, ib.; whether such bills need message, 682. Recommendation by Crown, 679.

Ordinary Annual, Senate may not amend, 669; but may suggest amendments, 671. Shall deal only with appropriation, 673.

Arbitration.

See Conciliation.

Astronomical

and meteorological observations, federal power as to, 566.

Audit,

application of State laws as to, 872.

Australasia,

early discoveries in, 23. Cook's discoveries, 26. Origin of name, 33. See Australia.

Australia,

discovery of, 23. Projects for settlement of, 29. Exploration of, 30. Origin of the name, 33. Sub-division of, 79.

Australian Colonies Government Act,

86. Despatch accompanying, 87. See Table of Statutes (13 and 14 Vic. c. 59).

Australian Natives' Association,

150, 153. List of members of Inter-colonial Conference of 1890, 253. Presidents of, 254.

Banking,

federal power as to, 576; State banking 577.

Bankruptcy

and Insolvency, disqualification by, 490. Federal power as to, 586; is concurrent, 587. American cases, 587; Canadian cases, 588. Imperial laws in the colonies, 592. Colonial laws, ib.

Banks,

incorporation of, federal power as to, 578. See Banking.

Barton,

Mr. Edmund, forms Federation Leagues, 151. Leader of Convention, 166. Leads “National Federal


  ― 997 ―
Party” in N.S.W., 215. Spokesman of delegation to England, 228.

Bathurst,

People's Federal Convention, 163, 168. List of members of, 257.

Beacons

and buoys, history of provision as to, 85, 91, 94, 565. Federal power as to, 565. Transfer of department of, 714. Powers of States as to, 853.

Berry,

Sir Graham, 107, 109, 110.

Bicameral system,

386–7.

Bill.

See Proposed law.

Bills of exchange

are instruments of commerce, 517. Federal power as to, 585.

Book-keeping

system of distributing revenue, 176, 197; before uniform duties, 833; for five years afterwards, 860.

Borrowing

on the credit of the Commonwealth, federal power of, 588; exclusive, 656.

Boundaries.

See Limits.

Bounties,

Victorian objections to clauses dealing with, 211; Federal legislative power as to, 556; becomes exclusive, 557, 824, 837. Control of the payment of, 823. Grants of and agreements for, by States, 557, 838; when deemed to be good, 839. State laws offering, 557, 824. Powers reserved to States, 558, 841; to grant bounties on mining for metals, 824, 842; or with the consent of the Federal Parliament, 824, 843.

“Braddon clause,”

The (sec. 87), history of, 177, 198, 207, 214, 215, 221. Notes on, 824–9. Bearing of financial assistance clause on, 871.

Bridges,

federal power as to, 517, 530–2, 884. State power as to, 534, 542, 858, 885. See Rivers.

Buoys.

See Beacons.

Cabinet,

The, 382, 703, 711. See Responsible Government.

Canada,

settlement of, 17. Conquest of, 20. Upper and Lower, 22. Dominion of, 23. Commerce power in, 542, 544. See Table of Statutes (30 and 31 Vic. c. 3).

Canals

within State, 542.

Capital,

Federal. See Seat of Government.

Census,

federal power as to, 572.

Citizen,

defined, 491, 776. History of word, 955. Of foreign power, disqualified for Parliament, 491. Of a State, 776. Corporation is not, 777. Of the Commonwealth, 449; not defined, 956. Of the United States, ib. See Subject, Resident.

Civil Servants.

See Officers.

Coinage,

federal power as to, 573. Prohibited to States, 575, 950.

Colonial Boundaries Act,

378–9. See Table of Statutes (58 and 59 Vic. c. 34).

Colonial Laws Validity Act,

discussion with Imperial Government as to, 229–245. Notes on, 347–352 See Table of Statutes (28 and 29 Vic. c. 63).

Colonies,

ancient, 1–5. Modern, 6–34. Spanish and Portuguese, 6. Foundation of English-American, 9; their classification, 15. West Indian, 17. Canadian, ib. South African, 19. Britain's second colonial Empire, 22. Greater Britain, 33. Government of British, 308. Are not “States,” 369.

Australian, description of, 373; certain powers of authorities in, to vest in similar authorities in Commonwealth, 716. See States.

Colonization.

See Colonies.

Command - in - chief

of naval and military forces, 713.

Commerce.

See Trade and Commerce.

Common law,

federal jurisdiction as to, 785, 809; in criminal cases, 785; in civil cases, 788.

Commons,

House of, 305–8.

Commonwealth,

adoption of the word by the 1891 Convention, 131, 136, 184. Inauguration [?]of, 252. Meaning of the word, 311–4. Secondary meaning, 368. Parts of, 354, 372. Nature of, 366–8, 371. Quasi-sovereignty of, 368, 927. Alteration of limits of, 378. Organization of, 380. Suits by or against, federal jurisdiction in, 772. Power of Parliament to grant rights of proceeding against, 806. States may not tax property of, 948. People of, 449, 957.

Commonwealth Bill,

of 1891, 115–43; fate of, 143–150. Of 1898, 165–206 (see Table of Contents). Of 1899, 218–228; adoption of, 221; enactment of, 228–49. See Constitution.

Companies.

See Corporations.

Compensation

for acquisition of property, 641. For property of transferred departments, 821. For resumption of property for seat of Government, 981.

Conciliation

and arbitration, extending beyond limits of a State, federal power as to, 645.

Concurrent

powers of States, 509, 656, 934.

Confederacy,

meaning of, 334, 371.

Conferences.

Intercolonial, 103; Conference of 1880–1, 107; of 1890, 119; at Corowa, 152; Premiers' Conference of 1895, 159; of 1899, 218; of 1900, 236. Conference between Colonial Office and Delegates, 234.




  ― 998 ―

Conservation

of waters of rivers, 893. See Waters.

Consolidated

Revenue Fund, 665, 812.

Constitution,

defined, 314–20. Of the Commonwealth, materials for, 131, 135. Mode of submission to the people, proposed in 1891, 142; under Enabling process, 153–4, 158. Referendums upon, 206, 222. Enactment of, 228–249. “Under the Constitution,” 300. Commencement of, 344. Organization of the Commonwealth within, 380. Jurisdiction in matters arising under, 790. Interpretation of, 791.

Constitutions

of States, continue subject to the Federal Constitution, 929. See States.

Consuls,

federal jurisdiction in cases affecting, 771.

Consumption,

goods passing into a State for, 862.

Contempt,

power of colonial legislature to commit for, 506.

Contracts,

in restraint of trade, may be regulated under commerce clause, 538. Commercial, whether included in commerce, 543, 585.

Convention,

of 1883, 110. National Australasian, of 1891, 123; members of, 254. National Australasian, of 1897–8, election of, 163; members of, 260; Adelaide session, 165; Sydney session, 187; Melbourne session, 194.

Copyright,

federal power as to, 593. In Canada, 594. In the United States, 596. Rights of aliens in respect to, 600.

Corowa

Conference, 152. List of members of, 255.

Corporations

defined, 578. Residence of, 777. Foreign, trading, or financial, formed within territorial limits, federal power as to, 604.

Courts,

Federal. See High Court, Inferior Courts, Justices.

Of the States, Parliament may invest with federal jurisdiction, 727, 803; appeals from, to High Court, 742; conditions and restrictions, 747; appeals from, to the Privy Council, 738, 742. See Queen in Council.

Covering clauses,

131. Dealt with by Imperial Parliament, 229–232, 235, 239. Notes on, 311–383.

Criminals,

laws preventing influx of, 629. See Fugitive Offenders.

Crown,

provision that the Commonwealth Act should bind, 229, 320–2. “Under the Crown,” 294–6, 367. In Parliament, 308. Remedies against, 805. See Queen, Prerogative, Demise of Crown.

Currency,

federal power as to, 572. Imperial control, 575. See Coinage.

Customs and Excise,

collection and control by Commonwealth, 133, 823. Return to States of three-fourths of net revenue from, 824 (see Braddon clause). Exclusive power to impose, 837. State laws imposing, to cease, 838. See Customs duties, Excise duties

Customs duties,

laws imposing, shall deal with customs only, 674. Legality of collection after resolution proposing, 506. Uniform, 550, 829. Must be imposed within two years, 830. Defined, 837. On goods “loaded up” before uniform tariff, 859. Western Australia may impose inter-colonial, for five years, 865. See Customs and Excise.

Dams.

See Rivers.

Deadlocks,

debates at Adelaide session as to, 167, 180. Suggestions of Parliaments, 183, 186. At Melbourne session, 202. Demands of N S.W., 216. Amendment by Premiers, 218. See Disagreement.

Deas-Thomson,

Sir Edward, 80, 82, 93. His Select Committee on Federation, 96, 97, 106. His tariff, 100.

Debts

of the States, debates as to taking over, 133, 140, 171, 178, 183. Power to take over, 922. Existing at establishment of Commonwealth, 924.

Decision

of High Court upon a constitusional question, 754. See Appeals, Queen in Council.

Defence,

Australian, 49, 111. Assumes prominence, 115. Reports of Sir W. D. Jervois and Sir P. Scratchley, 115, 562. Australian Naval Force Acts, 116, 562. Report of Major-General Edwards, 117, 562.

Federal power as to, 561. Duty to protect States, 565. Control of railways for, 642. Command-in-chief of forces, 713. Transfer of department of, 714.

Definitions,

364–6.

Demise of Crown,

461. Does not dissolve Federal Parliament, 464.

Departments

transferred, legislative power as to matters incidental to powers of, 655; exclusive powers as to matters relating to, 660. Transfer of, to Commonwealth, 714, 718, 787. Revenue and expenditure of, 715. Officers of, 817. Transfer of property, 820.

Federal, Governor-General may establish, 709. Ministers shall administer, ib.

Designs,

patents of, federal power as to, 598.

Development,

rates necessary for, 920. See Railway rates.




  ― 999 ―

Disagreement

between the Houses, 684, 687. Double dissolution, 685. Joint sitting, 686; does not enable Senate to amend money bills, 687; absolute majority, 687. See Deadlocks.

Disallowance

of laws by the Queen, 692, 764.

Discretion,

judicial, 759. Of High Court, to certify that appeal to Privy Council is proper, 759.

Discrimination

in taxation 550; in commerce, 912. What is, a question of law, 745. Defined, 912. By a State against residents of other States, 953, 960. See Preference.

Disqualifications

of members of Parliament, 489. Penalty for sitting when disqualified, 495.

Dissolution.

See House of Representatives, Disagreement, Prerogative.

Distance,

measurement of, 793; of seat of Government, 981.

Divorce,

federal power as to, 609.

Due regard,

a question of fact, 745, 918. To financial responsibility of States, 917.

Duffy,

Sir Charles Gavan. First Select Committee on Federation, 95, 97; second and third, 98; fourth, 101. Royal Commission, 106.

Elections

of Senators, laws prescribing method of, 425. Times and places of, 427. Application of State laws to, 427. Writs for, 429. Triennial, 430. For casual vacancies, 434.

Of members of the House of Representatives, application of State laws to, 471. Writs for, 472.

General, time for summoning Parliament after, 409. Trial of disputed, 495.

Electorates,

for Senate, 419; in Queensland, 421. For House of Representatives, 465.

Electors

of Senators, qualification of, 423; shall vote only once, 424. Of members of the House of Representatives, qualification of, 467; shall vote only once, 470. See Franchise.

Emigration,

federal power as to, 629.

Eminent Domain,

federal power of, 640. Over shores and submerged soil, 883. See Acquisition.

Established,

meaning of, 301, 343–4.

Exceptions

to appellate jurisdiction of High Court, Parliament may prescribe, 738. From a power, mark its extent, 796.

Excise duties,

laws imposing, shall deal with excise only, 674. Definition of, 837, 854. Must be uniform, 550, 829. Effect on commercial freedom of exclusive power as to, 854. See Customs and excise.

Exclusive power,

how far commerce power is, 527, 530, 657. How far taxing power is, 551. Nature of, 656, 838. Commencement of, 656. Effect on State laws, 657. Over seat of Government, 658, 981. Over places acquired by the Commonwealth, 659. Over matters relating to federal departments, 660. Matters declared to be within the, 661, 933. To impose customs and excise duties and grant bounties, 837.

Execution

of process of State courts, federal power as to, 616.

Executive Government,

resolutions at 1891 Convention, 125. Notes on, 699–718. Defined, 699. Nationalism of, 700.

Executive power

of Commonwealth, 655, 701. Vested in Queen, 702. Exercisable by Governor-General, ib. Extent of, 699. Distinguished from judicial, 720. Of the States, 931–2.

Expenditure

of Commonwealth, apportionment of, 134, 139, 169; before uniform duties, 834; for five years after, 861; ultimately, 864. Charged on revenue, 813. Preliminary, without appropriation, ib. Of Senate elections, 422, 815.

Exportation,

when it begins, 845. Meaning of, 943.

External affairs,

federal power as to, 631. Representation by Agents-General, 632. Commercial treaties, 633. See Extradition.

Extradition,

inter-state, 619. International, 635. Imperial Acts relating to, 635. Treaties, 770.

Extra-judicial

opinions, 765. In England, United States, and Canada, 766. In the Commonwealth, ib.

Extra-territorial

operation of laws, 354–5; of fishery laws, 539; relations with islands do not involve, 637. Service and execution of process, federal powers as to, 614, 616.

Fact,

questions of, 743; reasonableness, due regard, &c, are, 745, 915, 918.

Faith and credit

to laws of States, federal power to enforce, 620; must be given throughout the Commonwealth, 961.

Fares.

See Freights, Railway rates.

Federal,

meaning of word, 332–42. Federal and national elements in the Constitution, 334. Form of the Commonwealth, 367. “Federal State” and “Federal Government,” 333, 369. Movement, the, 79–252. See Table of Contents.




  ― 1000 ―

Federal Council,

Bill of 1867, 104. Parkes' resolutions in favour of, 107. His memorandum and Bill, 108. Federal Council Bill, 111. Addresses adopting, 112. Passed by Imperial Parliament, 114. Laws passed by, 115, 377 Inadequate for defence, 118. Repeal of Act, 376. Powers exercisable by, federal power in respect of, 651.

Federal Executive Council,

constitution of, 703. Distinguished from Cabinet, 704, 711. Ministers of State must be members of, 708. See Ministers of State, Responsible Government.

Federation Enabling Acts,

history of, 153, 160. Amending Act of 1897 in N.S.W, 194. Acts of 1899, 221–3. Queensland Act, 223. West Australian Act, 249.

Federation Leagues,

151, 153, 154, 207.

Fees

for licenses or services, imposition or appropriation of, 668. Taken by member of Parliament for services, vacates his seat, 494.

Fiji,

represented at “Convention” of 1883, 110. Adopts Federal Council Bill, 112. Joins Federal Council, 114, 115. Description of, 376. Proposal for federation with New Zealand, 639–40.

Final and conclusive,

judgments of High Court are, 746. Prerogative right of appeal not affected, ib. See High Court, Queen in Council.

Finance,

federal, debates in 1891 Convention, 133, 139; in Adelaide session, 169, 176. Suggestions of Legislatures, 182, 186. Debates at Sydney session, 188; at Melbourne session, 197. Objections to Bill, 206. Investigated by a Commission in N.S.W., 209. Demands of N.S.W., 217, 219. See Expenditure, Revenue, Braddon clause, Debts, Guarantees, Book-keeping.

Financial assistance

to States, 219, 868. Federal power to grant, 870; effect of Braddon clause on, 871; conditions of, ib.

Fines.

See Penalties.

Fisheries,

extra-territorial, power of Federal Council as to, 111; laws passed by Federal Council, 115, 377, 570; federal power as to, 568. Within State limits, State power as to, 854.

Fitzroy,

Governor Sir Charles. Suggests a central functionary for Australia, 80, 81. Appointed Governor-General of Australia, 89.

Forces,

States may not raise or maintain without consent of Federal Parliament, 948.

Franchise,

federal, discussed at 1891 Convention, 137; at Adelaide session, 173. Is a matter of national concern, 468. Otherwise in the United States, ib.

In the several States, 469. Adult electors of States entitled to vote at federal elections, 483

Freetrade,

intercolonial, early attempts at, 79, 100. Inter-state, laws derogating from, 135, 171, 199 To begin on imposition of uniform duties, 845. Exception as to goods previously imported, 858. Exception as to Western Australia, 198, 865. See Tariffs.

Freights

and fares, State regulation of domestic, 520. Federal regulation of inter-state, 520. State tax on, 532, 855 See Railway rates, Inter-State Commission.

Fugitive Offenders,

colonial legislation as to, 617. Imperial legislation, 618 Inter-state extradition of, in America, 619.

Game laws.

State power as to, 854.

Gillies,

Mr. Duncan, 110, 117, 118, 119, 120.

God,

recognition of in Preamble, 204, 283, 287–90, 952.

Government

defined, 315, 317–9. Contrasted with State, 367. Tripartite division of, 381, 699, 719.

Governor

of State, appointment of, 141, 171; communication with Queen, 141, 171; provisions referring to, 939.

Of colony, office of, 388; tenure, 389. Powers and appointment, ib. Commission, ib. Responsibility, 393. Canadian Letters Patent and Commission, 395. Higinbotham's criticisms of old Instructions, 396. New Instructions, 398. Special Instructions, 400. Certain powers of, to vest in Governor-General, 716.

Governor-General,

of Australia, appointment of Sir Charles Fitzroy as, 41, 89.

Of the Commonwealth, first appointment of, 251, 342–3. Office of, 387–8. Term of office, 389. Salary of, 400. Provisions relating to, include Administrator, 402. Salary of Administrator, 403. Statutory powers of Governor-General, 404, 717; of Governor-General in Council, 405, 707, 717. Presentation of Bills to, for assent, 688. May recommend amendments, 691. Executive power exercised by, 702. In Council, references to, 706. To be Commander-in-Chief, 713. Certain powers of State Governors to vest in, 716. May be authorised by Queen to appoint deputies, 982.




  ― 1001 ―

Grey,

Earl, his project for federal union, 81; failure of, 88. Creates office of Governor-General, 41, 89.

Griffith,

Sir Samuel, devises Federal Council Bill, 111. Chief draftsman of 1891 Bill, 130. Criticizes proposed appeal clause, 246.

Guarantee

of State finances, debates as to, 140, 170, 177, 183, 197. Effect of Braddon clause, 825–8. Effect of “financial assistance” clause, 870.

Haldane,

Mr. R. B., proposal as to Imperial Court of Appeal, 231.

Harbours.

See Ports.

High Court,

its establishment mandatory, 723. Both a federal and a national court, 724, 737. Guardian of Federal and State Constitutions, 725. Original jurisdiction of, 724, 764, 784; additional may be conferred, 789. Appellate jurisdiction of, 724, 734, 784; from State Courts, not exclusive, 738. Its decisions “final and conclusive,” 746; subject to appeal by special leave of Privy Council, 746; or of High Court in certain cases, 748.

House of Representatives,

445–83. Adoption of word, 131. A national chamber, 448. Compared with House of Commons, ib.

Duration of, 168, 461. Minimum representation in, 133, 168, 455. Dissolution of, 404, 407, 464. Electors of, 449. Number of members, 450; at first election, 456; alteration of, 460; apportionment of, 453; ascertainment of quota, ib; provision as to disqualified races, 455. Electoral divisions for, 465. Qualification of electors of, 467. Qualification of members, 474; whether women qualified, 475.

Quorum of, 482. Voting in, 483. Resignation from, 481. Vacancy by absence, ib. See Elections.

Immigration,

federal power as to, 623. International, political, and legal aspects, 623–4. Restrictive laws, 624; as to Chinese, ib.; as to Asiatics, 626. Natal Act, 627. Legislation in Canada, ib.; in United States, 628. Assisted immigration, 629. See Aliens.

Immunities,

Parliamentary, 502, 507. Of people of Commonwealth and States, 958. See Privileges.

Implied powers,

development of, in United States, 582, 651. Of Federal Parliament, 652. Implied restrictions, 796.

Importation,

when complete, 846, 859. Meaning of, 859, 943.

Incapacity,

judicial, 731.

Incidental

matters, legislative power as to, 651. See Implied Powers.

Incorporation.

See Corporation, Banks.

India,

British possessions in, 18. See Colonies.

Indictment,

808; trial on, must be by jury, ib.

Indissoluble,

Commonwealth declared to be, 292–4.

Infants,

custody and guardianship of, federal power as to, 612.

Inferior courts,

Parliament may create, 725; and define their jurisdiction, 726. Appeals from, 726, 742. See Judges.

Injunction,

783. Against an officer of the Commonwealth, ib.

Insolvency.

See Bankruptcy.

Inspection laws,

943. States may levy, on imports and exports, 855, 942. Limits of, 944. Examples of, ib.

Insurance,

contracts for, not commerce, 543. Federal power as to, 582. State insurance, 583.

Interpretation

of statute, 365–6. Right of independent, 755. Of Constitution, matters involving, 790; duty of, 791; principles of, 792; American cases on, 796. Imperial Interpretation Act, 792 (and see Table of Statutes, 52 and 53 Vic. c. 63).

Inter-State Commission,

debates as to, 171, 183, 201. There shall be, 521, 895. Suggested by English Railway Commissions, 896; and by American Inter-state Commerce Commission, 521, 897, 910. Its general powers of adjudication, 899; and administration, 900; not a legislative body, ib. Its special powers as to State railways, 899, 918. Tenure, appointment, and remuneration of members, 918. See Preference.

Intoxicating liquids.

See Liquor.

Irrigation,

right of States to reasonable use of waters for, 880, 894. Probable effect of, on navigation, 894. See Waters.

Joint sitting,

suggested at Adelaide session, 167, 180. Adopted at Sydney session, 190; and Melbourne session, 203. See Disagreement.

Judges,

Parliament may prescribe number of, to exercise federal jurisdiction, 807. See Justices.

Judgments,

741. Distinguished from decisions, 755.

Judicial Committee.

See Queen in Council.




  ― 1002 ―

Judicial power,

655, 719, 806. Separation of, 719. Executive encroachments on, 720. Legislative encroachments on, 721. Does not include political questions, 722. Legislation incidental to, 655, 723. Vested in federal courts. 723. Whether it includes extra-judicial opinions, 765. Matters within the limits of, federal power to confer rights to sue Commonwealth or States, 804. In territories, 973.

Judiciary,

Federal, resolutions as to, in 1891 Convention, 129, 133; at Adelaide session, 169. Is a coordinate department, 723.

Jurisdiction,

736. Mode of proof of facts conferring, is matter of procedure, 772. Federal, not presumed, 784. Common law, 785. Of inferior federal courts, power of Parliament to define and make exclusive, 802. Federal, Parliament may invest State courts with, 803; and prescribe number of judges to exercise, 807. Concurrent, 803.

Jury,

in civil cases, 727. Trial by, on indictment, 808, 810.

Justices

of federal courts, 727. Their number and precedence, 727. Appointment of, 727, 729. Tenure and removal, 730 Responsibility of Ministers for removal, 732. Power to suspend, 733. Reasons for security of tenure, ib. Remuneration of, 734.

Of High Court, appeals from to High Court in appellate jurisdiction, 742.

Labouchere,

Henry, 93. Reply to Wentworth's memorial, 94.

Labour Party,

criticism of 1891 Bill by, 144, 145. At Convention elections, 163. Objections to Convention Bill, 206.

Lang,

Dr. John Dunmore, 91, 92, 99.

Law,

questions of, 743, 914. Constitutionality of, see Unconstitutional.

Laws

of the Commonwealth, 346, 357, 809. Are binding on courts, &c, 353–6. Disallowance of, 692. Cases arising under, 797. Offences against, 809.

Of the States, 356. Saving of, 937. Inconsistency of, with federal law, 938.

Legal Tender,

federal power as to, 575. In United States, ib. Imperial control of, ib. States may not make anything but gold and silver coin, 950.

Legislative power

of the Commonwealth, 384–5, 508, 653; classified, 509; plenary nature of, ib.; limitations of, 510; nature and distribution of, 511. Distinguished from judicial, 721. Declaratory and retrospective legislation, ib.

License,

for sale of liquor, 527. For business, 532. Imposition or appropriation of fees for, 668.

Lighthouses

and lightships, 85, 91, 94. Federal power as to, 565. Transfer of departments of, 714. State power as to, 853.

Limits,

territorial (see Territorial limits). Of constitutional powers, appeals in questions as to, 756. Of States, alteration of, 973.

Liquor,

importation and sale of, 537, 548, 944. Prohibition of sale of, 544–7, 947. Wilson Act (U.S.), 538, 946.

Lord Howe Island,

376.

Lords

spiritual, 303–4; Temporal, 304–5.

Mandamus,

780. Against officer of the Commonwealth, 778, 781. American cases, 778. General jurisdiction in, 780.

Manufacture

is not commerce, 518.

Marginal Notes

of statute, 281.

Maritime

jurisdiction. See Admiralty.

Marriage,

federal power as to, 608.

Matrimonial

causes, federal power as to, 611.

Matters

referred by State Parliaments, legislative power in respect of, 648. Incidental to execution of power, 651. In which High Court has original jurisdiction, 765; or may be invested with additional jurisdiction, 789.

Melbourne,

foundation of, 52. Federal Parliament to meet at, till it meets at the seat of Government, 978.

Members

of one House ineligible for the other, 488. Of Parliament, disqualifications of, 489; allowance to, 499; privileges of, 500, 507.

Meteorological

observations, federal power as to, 566.

Ministers

of State for the Commonwealth, 709. Appointment of, to administer departments, 708. To sit in Parliament, 128, 711. Not disqualified, 493. Must be members of Federal Executive Council, 705. Without portfolios, 705, 711. Number and salaries of, 712.

For a State, not disqualified, 493.

Misbehaviour,

judicial, 731.

Money bills,

“compromise of 1891,” 128, 129, 131, 138. Discussed at Adelaide session, 166, 169, 172. Suggestions of Parliaments, 182, 186. Sydney session, 189.




  ― 1003 ―

Origination of, 667. Amendment of, 668, 671. Suggestion of amendments, 671.

Monopolies,

federal regulation of, 538.

Murray River,

customs treaties, 100, 101. Railway across, 109.

Nation

defined, 371. National and federal, 334–42.

Naturalization,

federal power as to, 601; in the United States, ib. Canadian cases as to, 602. Under colonial laws, 603. See Aliens.

Navigation

and shipping, included in commerce, 517, 540, 542, 873–4. See Waters.

New Guinea,

attempted annexation of, by Queensland, 110, 113. Description of, 376.

New South Wales,

Foundation of, 29. First statutory authority, 35. Constitutions of 1823 and 1828, 36. First representative legislature, 38. Australian Colonies Government Act, 1850, 40. Demand for responsible government, 41. Constitution Statute and Act, 42. Responsible government, 44. Amendment of the Constitution, 47. Enlarged legislative powers, 48. Original extent of, 79. Description and administration of, 373. Seat of Government to be in, 978. See Table of Contents.

New States,

admission or establishment of, 966. Modes of creating, 967; terms and conditions, 969. Formation of, by separation or union, 975.

New Zealand,

discovered, 26. Circumnavigated, 27. First settlement of, 75. Queen's sovereignty proclaimed, ib. Separation from N.S.W., 75, 79. The new Constitution, 76 Responsible government, 77. Provinces abolished, 78. Reforms, ib.

Federal resolutions of 1890, 123. Attitude towards Federation, 228. Suggests amendments in the Constitution of the Commonwealth, 233, 234, 237. Description of, 373. Proposed island Federation, 251, 639.

Norfolk Island,

376.

Oath

of allegiance, 488.

Offence

defined, 492. Conviction for, disqualifies for Parliament, 490, 492. Common law, jurisdiction over, 785, 809. Against law of the Commonwealth, 809. Breach of statutory prohibition is, 809.

Office

of profit, 490, 492.

Officers

of army or navy, not disqualified, 494. Federal, incidental legislative power as to, 655; appointment and removal of, 712; mandamus, prohibition, or injunction against, 778. Of the Commonwealth, who are, 783. Of the transferred departments, 817.

Orders.

See Rules and Orders.

Original Package,

doctrine of, 524, 527, 536, 537, 846.

Pacific

islands, federal power as to relations of Commonwealth with, 637. British control in, ib. British possessions in, 639. Projects of New Zealand as to, ib.

Paper money,

federal power as to, 579.

Parental

rights, federal power as to, 611.

Parkes,

Sir Henry, advocates Federation, 103. Federal Council Bill of 1867, 104. Proposed tariff agreement in 1880, 107. Federal Council resolutions, ib.; Bill, 108. Changes his views as to Federal Council, 113. Suggests Federal Parliament and Executive, 117. Suggests National Convention, 118. Consents to preliminary conference, 119. Resolutions in Conference, 120; in N.S.W. Parliament, 123. President of 1891 Convention, 124. Resolutions in Convention, 124–6. Eulogy of 1891 Bill, 141. Proposed resolutions in N.S.W. Parliament, 144.

Parliament,

Federal, debates in 1891 Convention as to, 128, 133; at Adelaide session, 168, 173. Derivation and prototypes of, 383. Queen is part of, 385. Sessions of, 404, 406. Prorogation of, 404, 407. Summoning of first, 409. Return of writs, 410. Yearly session, ib. See Elections, Members, Legislative power.

Parliament,

Imperial, the Commonwealth Bill before, 242–9. Powers exercisable by, federal power as to, 650.

Parliaments,

State, 928. Continuance of powers of, unless exclusively vested in Federal Parliament or withdrawn, 933. Concurrent powers of, 934. Restricted powers of, 936. New legislative powers of, ib. Powers of alteration and repeal, 937. May surrender territory, 941.

Parties,

federal jurisdiction depending on, 737, 772, 773, 775.

Passengers,

State registration of, 526; State tax on, 528, 555; federal tax on foreign, valid, 542.

Passing

of Commonwealth Constitution Act, 331.

Patents

of inventions, federal power as to, 596. English, American, and Canadian cases, 597.

Payment

to members of Parliament, 499. To States, of three-fourths of net customs and excise, see Braddon clause. Of surplus revenue, see Revenue.




  ― 1004 ―

Peace,

order, and good government, 511. Effect of the words, 512, 658.

Penalty

for sitting when disqualified, 495. Imposition or appropriation of, 667.

Pensions,

from Crown, disqualify for Parliament, 493; exceptions, 494. Invalid and old-age, federal power as to, 204, 612.

People

of the Colonies, their agreement to federate, 290–2; union of, 332, 366. Of Commonwealth and States, 418, 447, 449, 957; privileges and immunities of, 958.

Person,

includes corporation, 777, 793.

Pilots,

validity of State laws as to, 529, 541, 853.

Plantations,

use of the term, 1. Committee on Trade and, 83.

Police powers

of States, 525, 526. Defined, 533. Restriction of inter-state commerce by, 847, 850–3. Limits of, 853.

Ports,

State powers as to, 853. Preference to, 875.

Posts,

telegraphs, and telephones, federal power as to, 559. Transfer of departments of, 714.

Powers

of the Houses, 501, 507, 654; in respect of laws, 662, 673; to address Crown for removal of Judges, 731; to allow State bounties, 843. Federal and State, overlapping, 583. Of federal officers and departments, 655. Constitutional, questions as to the limits of, 757. See Executive, Judicial, Legislative, Exclusive, Concurrent, Incidental, and Implied powers.

Preamble,

284–5. Of the Commonwealth Act, 204, 230, 238, 240–9, 282–34. Recognition of God in, 287, 952.

Preference,

551, 877, 912–5. What constitutes, is a question of law, 743, 745, 914. By Commonwealth, forbidden, 875, 905.

Undue or unreasonable, 905–15; Parliament may forbid States to give, 901, 904. English legislation and cases, 905; American, 910. Group rates, 908; competitive, 908, 912, 914, 916; long and short haul, 911, 916. Due regard must be had to financial responsibilities of States, 917. Inter-State Commission is judge of unreasonableness, 744–6, 915, 918. See Discrimination.

Prerogative,

322–3, 406, 707. Of granting or refusing dissolution, 407, 464. Of Queen in Council to grant special leave to appeal, 750; not impaired without express words, 760; power of colonial legislatures to limit, 761; Parliament may make laws limiting, ib. In territories, 973.

President

of Senate, election of, 440; absence of, 441; vote of, 444.

Privileges

of the Parliament, 501, 507. Of colonial legislatures, 503. Privileges and immunities of people of Commonwealth and States, 958; enforcement of, 959.

Privy Council,

Committee of, on Trade and Plantations, 83. History of, 329–30. Judicial Committee of, 751. See Queen in Council.

Process,

service and execution of, 614–7. Recognition of, 620.

Proclamation

of Commonwealth, 250, 331–2, 344. Of date of transfer of departments, 714.

Production

distinguished from commerce, 518. Bounties on, see Bounties.

Prohibition,

State laws as to, 537. Whether included in “regulation,” 547. Writ of, 780, 782; against an officer of the Commonwealth, 783. Statutory, breach of, is an offence, 809.

Promissory notes.

See Bills of Exchange.

Property,

acquisition of, for public purposes, 204. Used in connection with transferred departments, 820.

Proposed laws,

meaning of, 663, 674. Royal assent to, 688. Reserved, signification of Queen's pleasure on, 693.

Punctuation

of statute, 282.

Qualification,

of electors of senators, 423. Of senators, 439. Of electors of House of Representatives, 467 (see Franchise, Electors). Of members of the House of Representatives, 474. Trial of question of, 495.

Quarantine,

112. Federal power as to, 566. In United States, 567. Canadian cases, 567. Transfer of departments of, 714. State power as to, 854, 857.

Queen The,

legislative authority of, 301–3. References to, 321–4. In the Federal Parliament, 385. Bills presented to Governor-General for her assent, 692. Signification of her pleasure on bills reserved, 693. Executive power vested in, 701. See Crown.

Queen in Council,

no appeal as of right to, from High Court, 746, 750. Prerogative right to grant special leave of appeal, 746, 748, 750, 761. When special leave will be granted, 752. Parliament may limit matters in which leave may be asked, 761; but laws limiting must be reserved, 763. Limitation of prerogative as regards constitutional questions, 753, 755,


  ― 1005 ―
758–9. No appeal upon constitutional questions unless the High Court certifies, 759.

Queensland.

Moreton Bay settlement, 72. Separation of, 72, 99. Constitution of, 73. Relations of the two Houses in, 74. Reforms, 74.

Reply of to federal proposals in 1860, 99. Annexation of New Guinea by, 110. Executive Government of, passes federal resolutions in 1883, ib. Joins Federal Council, 114, 377. Federal resolutions in 1890, 123.

Fails to join Convention of 1897–8, 162, 187, 193. Secures amendment as to Senate electorates, 220. Adopts Constitution 223. Description of, 374. Senate electorates in, 421.

Question,

constitutional, 754. Of fact or law, see Fact, Law.

Quorum

of Senate, 443. Of House of Representatives, 482.

Quota

for House of Representatives, 445, 454.

Race,

people of disfranchised, special laws as to, 622.

Railway rates,

debates at 1891 Convention, 137; at Adelaide session, 171, 178; at Melbourne session, 199; criticism of clauses, 207, 211.

Principles of making, 913. Prohibitive, are unlawful, 916. Competitive, ib. Long and short haul, ib. Developmental, 920. See Preference.

Railways

of the States, federal control of, 169, 176, 199; for naval and military purposes, 642. Financial responsibilities in connection with, 202, 917. Are instruments of commerce, 517, 541. Federal power to acquire, 643. State control of, 856. Commerce power extends to, 874. Powers of Inter-state Commission with respect to, 899, 905. See Inter-state Commission.

Of the Commonwealth, power to construct and extend, 645. Preferences upon, 905.

Reasonable,

what is, usually a question of fact, 744, 914–5. Use of waters of rivers, 890; analogy with common law, 892; with preference clauses, ib. See Preference.

Recognition

of State Acts, &c, federal power as to, 620. See Faith and Credit.

Reference

by States, legislative power in respect of 648.

Referendum

on the Commonwealth Bill of 1898, 206–13; of 1899, 221–6, 249. Suggested, in case of deadlocks 167, 180, 183, 190–1, 203. On amendments of the Constitution, 987, 992.

Regulations

for appellate jurisdiction of High Court, 738. Of trade, commerce, and revenue, 876, 881.

Reid,

Mr. G. H., criticizes the Bill of 1891, 122, 145. Takes up Enabling process, 159 Attitude at Referendum of 1898, 208. Negotiates for amendments, 214–8. Obtains Conference of Premiers, 218. Supports Amended Bill, 221.

Religion,

laws as to, 205, 288–90; Commonwealth may not make laws for establishing, 950. Christian, is the law of the land, 288, 951.

Representatives

of other countries, cases affecting, 772. Of federal territories, 972. See House of Representatives.

Reserved,

bill may be, by Governor-General, 688. Signification of Queen's pleasure on bills, 693. Bills limiting prerogative of appeal must be, 763. List of bills reserved in colonies, 694.

Residence

of members of Parliament, 477. Of corporation, 777. Change of, 777.

Resident,

of Commonwealth, 477. Of a State, 775, 959; discrimination against, by another State, 960.

Responsible

Government, demand for in N.S.W., 41; grant of, 44; in Victoria, 55; in Tasmania, 61; in South Australia, 65; in Western Australia, 69, 70; in Queensland, 73; in New Zealand, 77.

Debates in 1891 Convention, 128, 132, 136, 139; at Adelaide session, 166, 169. Application of Referendum to, 203.

In the Commonwealth, 703, 709. In a Federation, 706. See Cabinet.

Revenue,

apportionment of surplus, debates at 1891 Convention, 133–4, 137, 139; at Adelaide session, 169, 183; at Sydney session, 188; at Melbourne session, 197.

Appropriation of, 812. Net, 826 (see Braddon clause). Surplus, payment to States before uniform duties, 375; for five years afterwards, 861; after five years, 863; to be made monthly, 865. Collected in territories, 833.

Riparian

rights, 888. Between States, whether there are, 175, 198, 888. Common law as to, 892. See Rivers.

Rivers,

debates in 1891 Convention, 138; at Adelaide session, 168, 174; difficulties of problem, 174; at Melbourne session, 194.

Within a State, 540, 886; connecting with waters of other States, 882, 886; along boundary, 888. Improvement and obstruction of navigation of, 540, 883. Bridges and dams across, State powers to construct,


  ― 1006 ―
540, 858, 885. Reasonable use of waters of, 879. Riparian rights before Federation, 887; after Federation, 890. See Waters.

Roads

within State, State power as to, 542.

Rules

and orders powers of Houses as to, 407. Of Colonial Legislatures, 503.

Russell,

Lord John, his administration, 81. His reply to Wentworth's Committee, 92.

Seat of Government,

debates at 1891 Convention, 135, 141; at Melbourne session, 204. Demands of N.S.W., 216, 218; amendment at Premiers' Conference, 219. Historical note, 978.

Exclusive power to make laws for, 658, 982. Representation of, 973. Temporary, question of, 979. Acquisition of site for, 980; Mr. Oliver's Report, 982. Measurement of distance, 982. Shall be vested in the Commonwealth, ib. Crown lands to be granted free, 982.

Secession,

American doctrine of, 292–4.

Senate,

412–44. Adoption of word, 131, 168, 173. Equal representation in, 131, 173, 182, 183, 189, 206, 412, 414, 421. Powers of, 129, 131, 138, 145, 662–73; debates at Adelaide session as to, 166, 173; at Sydney session, 189; see Money bills, Appropriation bills, Taxation bills. Function as Council of States, 414.

Dissolution of, 167, 180, 191, 203, 430. Electorates for, 413, 419. Quorum of, 443. Voting in, 444. See Senators.

Senators,

mode of election of, 137, 413, 418. Number of, 218. Term of office, 413, 422, 433. Certifying names of, 413, 422, 435, 438. Qualifications of, 439. Qualifications of electors of, 423–4. Method of choosing, 425. Times and places of elections, 427; application of State laws, ib. Failure to choose, 428. Issue of writs, 429. Rotation of, 430, 434. Casual vacancies, 434. Vacancy by absence, 442. Vacancy to be notified, 443. See Senate.

Separation,

beginnings of in Australia, 79. Of territory, formation of new State by, 976.

Service,

Mr. James, 110, 111, 119.

Service

of process of State courts, federal power as to. 614.

Services,

imposition or appropriation of fees for, 668. State charges for, are not taxes on commerce, 853.

State,

contrasted with Government, 367. Different meanings of word, 368–72.

States,

adoption of word, 131. Are parts of the Commonwealth, 370–1. Original, 376–421. New, 967–77. Boundaries of, 216, 219; suits as to, 775. Alteration of limits of, 216, 219, 378, 974. Division or amalgamation of, 129, 976.

Suits against, 774, 806. Suits between, 775. Suits between residents of different, 776. Suits between a State and resident of another, 778. Laws conferring rights to proceed against, 775, 805.

Continuance of the Constitutions of, 929; subject to the Federal Constitution, 931. Powers of the Parliaments of, continued, 933; residuary, 935; new, 936; to surrender territory, 941. Laws of, continued, 937; unless inconsistent with federal laws, 938.

May levy charges for inspection laws, 942. May control liquor traffic, 944. May not, without consent of Commonwealth, raise forces or tax property of Commonwealth, 948. May not coin money, 950. Rights of residents in, 953. People of, 418, 957. Recognition of laws, &c, of, 620, 961. See New States.

Statistics,

federal power as to, 572. “The latest statistics of the Commonwealth,” 445, 454, 922, 925.

Subject,

British, natural born and naturalized, 478; defined, 491, 955; resident in one State, discrimination against by another, 954. Of foreign power, disqualified for Parliament, 491.

Subject-matter,

federal jurisdiction arising from, 737, 773, 800, 764–804. The same, claimed under laws of different States, 800.

Suffrage,

see Franchise, Women.

Surplus

revenue, distribution of. See Revenue.

Sydney,

foundation of, 30, 79. Proposed as the federal capital, 141, 184, 204, 218, 219. Seat of Government must not be within 100 miles of, 219, 978.

Tacking,

to annual appropriation bill forbidden, 674. To taxation bills, 675.

Tariffs,

intercolonial, first imposition of, 79, 100. Border customs treaties, 101. Uniform tariff proposals, ib. Conference of 1863, ib. Other Conferences, 102–7. Proposals for customs union, 104. See Customs and excise, Customs duties.

Tasmania,

Discovery of, 25. Exploration, 31. Foundation, 58, 79. Separation from N.S.W., 59, 79. First representative legislature, 60. New Constitution, 61. Responsible government and enlarged legislative powers,


  ― 1007 ―
ib. Change of name, 61. Reforms, 62. Reciprocity with N.S.W., 79. Early tariffs, 100. Joins Federal Council, 144, 377. Federal resolutions of 1890, 123. Consideration of 1891 Bill, 147. Suggests amendments of Adelaide Bill, 185. Referendum of 1898, 212; of 1899, 223. Description of, 374.

Taxation,

federal powers of, 132, 549. Nature of power, 550. Limits of power, ib. Preferences and discriminations, 550–1, 829, 876–9. Of State property and officers, 551, 553. Area and extent of power, 551. How far exclusive, ib. Of property of State or Commonwealth, 948. Of federal corporations by States, 552. Examples of power, 555. Apportionment of, 556; effect of violation, 678.

Laws imposing, 675; shall deal only with imposition, 677; only with one subject of taxation, 678. Bills for imposing, Senate may not originate, 677; nor amend, 678; what bills are deemed not to be, 667.

Telegraphs

and telephones are instruments of commerce, 517, 534, 541. See Posts.

Territorial

limits, 354; Australian waters beyond, 569; corporations formed within, 607. Territorial waters, 356. Territorial basis of Commonwealth, 366, 372.

Territories,

Australasian, 376. Federal, laws for the government of, 970–1; prerogative in, 972; judicial authority in, ib.; representation of, ib. See Territory, Seat of Government.

Territory,

States may surrender, 941, 970. Placed by Queen under control of Commonwealth, or otherwise acquired, 970–1. See Seat of Government.

Title

of Statute, 281. Short title of Commonwealth Act, 311–20.

Tonnage

duty, 536, 850, 948.

Torts

in connection with commerce, States may deal with liability for, 542.

Trade

and commerce, debates in 1891 Convention, 135. Definition of, 515–17. Includes transportation, 517, 533, 535; travel, 518; traffic and intercourse, 522, 539; navigation and shipping, 520, 522, 540, 873; improvement of navigation and removal of obstructions, 540, 874; State railways, 520, 874. Does not include production and manufacture, 518; or certain occupations, 519. Subjects of, 518.

Inter-state, federal power as to, 515–49. Definition of, 517, 903–4. Extent of the power, 539. Aids to power, 516. Limits of power, 516, 903. Exclusive or concurrent, 530. Beginning and end of federal control, 519, 539; duration, 519; interruption of transit, 519. Leading American cases, 521–39. American and Canadian powers, 543.

Equality of, 171, 199, 903 (see Preference). Freedom of, 845. Regulation of, 516, 522, 547; and prohibition, 547. State legislation affecting, 542. State tax upon, 534, 846; when constitutional, 848; upon persons engaged in, 857. State licenses for, 847; other allowable charges, 849. Restriction by police powers of States, 847, 850–3. Domestic commerce of States, 517, 540, 542, 855, 856, 903–4.

Trade Marks,

federal power as to, 598. Rights of aliens as to, 600.

Trading

corporations. See Corporations.

Transfer.

See Departments, Officers.

Treason,

attainder or conviction for, disqualifies for Parliament, 490, 492.

Treaties,

346, 631, 678. Commercial, 633, 769; negotiation of, by colonies, 635. Matters arising under, High Court has original jurisdiction in, 768, 770. Municipal rights under, 769. In United States, have the effect of laws, 769. Judicial cognizance of, 770.

Tripartite

division of government. See Government.

Unconstitutional,

when courts will pronounce a law, 767, 792, 796. Statutes unconstitutional in part, 796.

Undue

and unreasonable, what is, is a question of fact, 744. Test of a preference, whether it is undue, &c, 878. See Preference.

Unification,

Sir George Dibbs' scheme for, 155. Distinguished from Federation, 333.

Uniform

federal franchise, 483–7, 985. Method of choosing senators, 426. Taxation must be, 550, 829, 876. Bounties must be, 556. Duties of customs, 829.

United Kingdom,

The, 296–300. Outlines and conspectus of Constitution of, 317, 319.

United States

of America, outlines and conspectus of Constitution of, 318, 320. Leading commerce cases, 521–39. Commerce power in, 542.

“Until the Parliament otherwise provides,”

legislative power conferred by these words, 647.




  ― 1008 ―

Vacancies

in Senate, triennial, 430, 434; casual, 434; by resignation or absence, 442; notification of, 437, 443. In House of Representatives, 473; by resignation or absence, 481. In both Houses, on disqualification, 494. Trial of disputed, 496.

Validity

of law. See Unconstitutional.

Van Diemen's Land.

See Tasmania.

Vice-Admiralty

courts in N.S.W. and Victoria, 797–8. See Admiralty.

Victoria,

Foundation of Port Phillip settlement, 51, 79. Separation from N.S.W., 52, 81, 100. Political progress, 54. Constitution Statute and Act, 55. Responsible Government, 57. Enlarged legislative powers, ib. Reforms, ib. Constitutional struggles, ib.

Constitutional Committee of 1853, 91. Select Committees on Federation, 95, 97. First tariff, 100. Joins Federal Council, 114, 377. Federal resolutions of 1890, 122. Resolutions on 1891 Bill, 146. Referendum of 1898, 210. Suggested amendments of Adelaide Bill, 184. Description of, 374.

Wakefield,

Edward Gibbon, 62.

Waters,

territorial, 356. Beyond territorial limits, 569. Navigable, 881; American decisions as to, 882, 887; extent of federal authority over, 883; concurrent powers of States as to. 884. Of rivers, 893; Commonwealth may not abridge reasonable use of, 879; for conservation or irrigation, 893. See Rivers.

Weights

and measures, federal power as to, 584.

Wentworth,

William Charles, protests against Earl Grey's despatch, 82 Secures appointment of Constitutional Committee, 90. His federal scheme, ib. His Memorial and Enabling Bill, 93, 96.

Western Australia,

Foundation of, 33. First statutory authority, 67. First representative legislature, 68. Responsible Government sought, 69. New Constitution and Responsible Government, 70. Reforms, 71. Joins Federal Council, 114, 377. Federal resolutions of 1891, 123.

Suggested amendments of Adelaide Bill, 185. Tariff clause, 198. Commonwealth Bill referred to Select Committee, 226. Suggested amendments, 226, 234, 237. Adopts Constitution, 249. Description of, 375. Retains intercolonial customs for five years, 865.

Wharfage

dues, not a tax, 535, 536, 853. Must be reasonable, 854.

Wharves,

State powers as to, 853.

Wilson Act

(United States). See Liquor.

Women,

qualification of, as members of the Federal Parliament, 475. Extension of suffrage to, in New Zealand, South Australia, and Western Australia, 483–7.

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