TO-DAY'S AUSTRALIAN REFERENDUM.

Hawke's Bay Herald-Tribune, Issue 43, 6 March 1937, Page 4

TO-DAY'S AUSTRALIAN REFERENDUM.

This will have been a busy day among the eleetors of Australia, who have been called upon to answer two questions submitted to them by referendum. As with President Boosevelt and his move to reconstroet the Supreme Court of the United States, the need for the referendum has arisen from the highest court of appeal — in this case the Privy Council — having held that certain legislation of the Federal Parliament exceeds the powers conferred upon it by the written Constitution. The matters at issue were fully explained here some few weeks ago, but may be briefly summarised for an understanding of the result of the voting, which will probably reach us on Monday. The first and more debatable question is as to whether the Federal Parliament should be given authority to regulate marketing, more especially of primary products, as among tjie States of the Commdnwealth. Legislation passed on the assumption that such power already existed had been in acceptable operation for some years until it was chaU@nged before the Courts in what is known !as "the James" or "the Dried Fruits" case. The Privy Council judgment in this action has declared that this legislation went beyond the powers of the Federal Legislature. The consequence is that marketing schemes which had worked well in the way of a fair distribution of both home and oversea markets among the primary producers of all States have fallen to the ground. The Federal Parliament now seeks an amendment of the Constitution that will enable it to re-enaet these measures with effectiveness. To this proposal a very considerable amount of opposition has been developed, some of it of a purely party factional character, some on economic grounds, and some arising from the jealousy with which the individual States regard Federal domination. The second question seeks to confirm to the Federal Parliament the right to eontrol and regulate civil uviation throughout the Commonwealth, but on this point very little controversy would seem to have arisen, so that it looks as if it would go through without much opposition. On the marketing issue, however, on which even Government supporters are somewhat divided, there would appear to be some little anxiety as to the outcome, although the more general opinion is that it, too, will be carried.