APPEAL TO BE MADE

Chronicle (Levin), 14 August 1948, Page 5

APPEAL TO BE MADE

(N.Z.P.A. —

Reuter*

Federal Cabinet's Decision In Banking Case /

Copyright)

Received Fridav, lu p.m. CANBERRAj August 13. The Federal Gabinet has deeided to appeal to the Privy Council agairist ,the High Court's judgment^in the bahking case. Announeing this 'the Prime Minister (Mr, Chifley) said the appeal wOuld be made, at the earliest -possible ddte. ' ' I must direct attention ro sodie aspects of the Court's decision which if is desirable should be made elear to the public," said Mr. Chifley; "A niajofity of the Court has held that eertain parts of the 1947 Act confliet with see tion 92 of the ConstitutiOn which gudrantees inter-State free trade. That, however, is a matter on which there has been a sharp division of opinion. among the justiees of the Court. In the Chief Justice.'s opinion the Act was fully within the principles relatihg fo sbCtion 92 established by the Rrivy Courieil. Apart from section 92 the fundaniental question is the seope of the national parliament 's power to make laws with respect to banking. On that point a majority of the Court substantially up held the major contentions put forward for the Commonwealth by the AttorneyGeneral (Dr. Evatt) and rejected the narrow inlerpretation contended for by the- private banks. . "A majority of the Court also decisively rejected the special contentions put forward by the three pl.aintifl Btates. "I am advised that the judgments of 'the Chief Justice and Justice AlhTiernan show that a few amendments in tio vital provisions would have enabled those justiees to uphold the Act in al) respects. Copies of the High Court's judgments are being despatched to Dr. Evatt in London and will reaeh Kim early next week. 1 have afranged fo; the 1S0I icitor-General (Professbr 13ailey to go to London as So'in a§ pdssible t'of consultation with Dr. Evatt."