THE FEDERAL CONVENTION.

Temuka Leader, Issue 2180, 26 March 1891, Page 4

THE FEDERAL CONVENTION.

Sydney, March 28. It is understood that the following resolutions have been decided on by the Financial Committee of the Federation Convention: — (1) That immediately on the Federal Constitution coming into operation the officers of the departments which come under Federal control shall become Federal officers. (2) All the necessary lands, buildings, and works, and material connected with departments placed under Federal control shall be taken over by the Federal Government on terms to be arranged. (3) That until a uniform tariff comes into force the existing tariffs shall continue, subject to such modifications as legislatures may make, and duties shall continue to be collected as at present, but by the Federal officers (4) That after the establishment of such uniform tariff, the trade and intercourse between the federated colonies, whether by means of internal carriage or coastal navigation, shall be absolutely free. (5) That after the uniforin tariff has, come into operation the surplus revenue may fairly be distributed amongst the various colonies according to population, but as the duties now contributed by the people of the various colonies are so unequal it would be unfair at present to distribute the surplus on this basis, the committee, therefore, recommend that the revenue from Customs and excise be devoted first to the payment of all expenditure to be charged to the several colonies according to population, the balance to be returned to the colonies in surih a way that the amount paid by each colony for federated expenditure added to the amount returned shall be as nearly as can be ascertained the total amount contributed by each colony on the dutiable articles consumed.

(6) That besides borrowing money on public credit for the purposes of federal expenditure,and with a view of improving the general credit and avoiding complications arising out of the existence of the various stocks held under the different conditions, the Federal Parliament shall be empowered, with the consent of the colonial Parliarhents,to adopt a scheme for the consolidation of the debts of the various colonies, each colony being held separately liable for its proportion of principal and interest. (7) It is estimated that the total expenditure of the Federal Government will not exceed lls 3d per head, a large proportion of which will practically be expended on the existiog services, the control of which will be transferred to the Federal Government. March 24.

The Constitutional Committee of the Federal Convention has decided that the Governor-General shall be appointed by the Crown, but that the Governors of the various States are not to be so appointed. It has not been made public whether any conclusion has been arrived at as to the method ot appointment of the latter. The committee has agreed that the Federation shall be called the Commonwealth of Australia.

Clause 8 in the report furnished by the Financial Committee provides that the Federal Government shall be empowered to legislate on the following subjects :—Coastal beacons, jbuoys, lighthouses, navigation, shipping,postal and telegraphic systems, intercolonial rivers and the navigation thereof, quarantine, military and naval defence, raising money by any mode or system of taxation for Federal purposes, but all taxation to be uniform throughout the Federation, salaries and allowances of the Governor-General and civil and other officers under the Federal Government, trade, commerce, currency, coinage, banking, incorporation of banks, issue of paper money, bills of exchange, promissory notes, legal tender, bankruptcy and insolvency, patents for inventions and designs, trade marks, copyright, weights and measures, and appropriation of all moneys raised by the Federal Government.

The committee, recognising that one of the main objects of Federation is freedom of commercial intercourse between the colonies, and that that cannot be accomplished until a. uniform tariff and Customs excise is in force, recommends that the first business of the Federal .Parliament shall be the framing and adoption of such a tariff.

The Judiciary Committee suggests that the following provision be inserted in the Federal Constitution;—“That the judicial power of the Federation be vested in one Supreme Court,known as the Federal Union High Court, and in such inferior courts as the Federal Parliament may from time to time create and establish. The judges of both the supreme and inferior courts shall hold office during good behaviour, and shall receive such salaries as shall from time to time be fixed by the Federal Parliament, but the salary paid to any such judge shall not be diminished during his continuance in office. The judges of the Supreme Court, and of such inferior courts as the Federal Parliament shall from time to time establish, shall be appointed and may be removed or suspended by the Governor-General by and with the advice of the Federal Executive Council, but it shall not be lawful for the Governor-General to remove or suspend any judge of the, Supme Court, or |iy judge of such 3

inferior court, without mi address from both Houses of the Federal Parliament recommending the removal or suspension, such address to be adopted by a majority of two-thirds of the total number of each house of the Federal Parliament. The judicial power of the Federation shall extend (1) To all cases of law and equity arising under the Constitution Act; (2) t'o all cases arising under any law made by the Federal Parliament under any treaty made by the Federation with any other country; (3) To all cases of admiralty and maritime jurisdiction ; (4) To all cases affecting the representatives of other countries and consuls; (5) To cases in which the Federation shall bo a party; (6) To disputes between two or more provinces ; (7) To disputes between residents of different provinces; (8) To disputes relating to land and other property claimed under the laws of the different provinces, or any right of franchise or privilege so claimed—but nothing shall be constructed to extend the judicial power of the Fede ration to any suit in law or equity commenced and prosecuted against any province by any person. In all cases affecting public ministers or any credited representatives of other countries and consuls, an& in all cases in which a province shall be a paity or in which a writ of mandamus or prohibition shall be sought against a minister of the Crown for the Federation, the Supreme Court shall have orginal jurisdiction both as to law and fact, with eoch exceptions and under such regulations as the Federal Parliament shall authorise. The Federal Parliament may confer original jurisdiction on the Supreme Court in such cases as it thinks fit, The Supreme Court shall have jurisdiction, with such exceptions and subject to such regulations as the Federal Parliament shall from time to time prescribe, to hear and deter mine appeals from all final judgments decrees and orders of the* highest court of final resort now established in any of the colonies, or of the highest court of final resort which may hereafter be established in any province of the Federation, whether such court is or shall be a Court of Appeal or of original jurisdiction, and the judgment of the Supreme Court shall, on all criminal cases and in all cases arising under any law made by the Fedeial Parliament, or any law made by the legislature of any province, be final arid conclusive. In all other cases it shall be optional for the appellant to select the Supreme Court or Court of Appeal bf ! Great Britain and Ireland to hear his appeal, but if he accepts the Supreme Court the decision of that court to ,be final. The Federal Parliament may from time to time enact that any appeals which by any law are now allowed from any judgment, decree, order, or sentence of the Supreme Court of any of the colonies to the Queen’s ; Privy Council,shall be heard and determined by the Supreme Court of the Federation, and that the judgment last mentioned in all appeals which the Federal Parliament shall from time to time direct to be heard and determined by it shall be final and conclusive. Trials in connection with all crimes recognisable by any court established under the authority of the Constitution shall be by jury, and every such trial shall be held in the province where the crime was committed, and where the crime 1 was not committed within any province the trial shall be held at such place or places as the Federal Parliament may direct. Every person admitted by the Supreme Court of any province to appear and practice as counsel, or have audience therein, shall be subject to such rules and regulations as the Judges of the Federal Supreme Court shall from time to time prescribe in regard to character and good behavior from the date of previous admission by the Supreme Court of any province, and on payment of fees be entitled to appear and practice as counsel and be given audience in the Federal Supreme Court and in such inferior courts as the Federal Parliament shall from time to time create and establish. Every person permitted to appear and practice as counsel in the Supreme Court shall be entitled to appear and practice as counsel in the Supreme Court of any province. The above is substantially the report of the Judiciary Committee. Sir S. W. Griffiths (Queensland), Mr 0. C. Kingston (South Australia), and Mr A. J. f’larke (Tasmania) have been entrusted with the task of drafting the Constitution Bill. A lengthy letter was received from Mr Justice Richmond, of New Zealand, on the judiciary proposals. It was agreed that it be printed and circulated among members of the Convention. The Convention adjourned until Tuesday next.