litigants a right of resort to the High Court of Australia, it is scarcely
likely to meet with objection in Australia unless on the general ground
that no amendment whatever of the Commonwealth Bill is now desirable.
In the event of the amendment being admitted, it is obvious that certain
precautions might have to be taken to conserve the existing rights of
New Zealand litigants, and also to prevent clashing of appeals, but
doubtless these could be provided for. || The third amendment, that
providing for a species of partial federation for purposes of defence and
mutual assistance, seems not only desirable but unobjectionable in every
way. It does not propose that any kind of compulsion should be applied
to either the Commonwealth or New Zealand: it merely empowers them
to make such arrangements as may be deemed mutually advantageous.
At present it seems more than doubtful wether either the Commonwealth
or the Colony has the power to make simple, binding and effective
arrangements which would involve operations and expenditure outside
their own boundaries, and under which each would have to act so as to
affect colonists not subject to their respective jurisdictions. Recent events
have clearly shown that the time has passed by for regarding the
military forces of a colony as something never to be employed outside
its own boundaries. I need not point out that such a co-operation would
be of value not only to Australia and New Zealand, but to the Empire
which both are so anxious to serve.
W. P. Reeves.

Westminster Chambers, 13, Victoria Street,
London, S. W., March 30 th, 1900.

Nr. 13137. WEST-AUSTRALIEN. --- Denkschrift der Regierung an den Kolonialminister über den Verfassungsentwurf.

In the discussion at the Convention which drafted and passed the Commonwealth Bill, it was generally admitted that the condition of Western Australia entitled it special treatment if it joined as an Original State in the Federation of the Australasian Colonies. It was pointed out. that not only would the Colony lose a great portion of its Revenue by Intercolonial Free Trade, but also that the settlement of the soil and the development of its industries would be most prejudicially affected by the unrestricted competition of the other Colonies. In these circumstances the Convention passed the 95th Clause of the Bill, which is as follows:-||

,,Notwithstanding anything in this Constitution, the Parliament of the State of Western Australia may, during the first five years after the imposition of uniform duties of Customs, impose duties of Customs on goods passing into that State and not originally imported from beyond the limits of the Commonwealth; and such duties shall be collected by the Commonwealth.,,But any duty so imposed on any goods shall not exceed during the first of such years the duty chargeable on the goods under the law of Western Australia in force at the imposition of uniform duties, and shall not exceed during the second, third, fourth, and fifth of such years respectively, four-fifths, three-fifths, two-fifths, and one-fifth of such latter duty; and all duties imposed under this section shall cease at the expiration of the fifth year after the imposition of uniform duties.,,If at any time during the five years the duty on any goods. under this section is higher than the duty imposed by the Commonwealth on the importation of the like goods, then such higher duty shall be collected on the goods when imported into Western Australia from beyond the limits of the Commonwealth." || The Commonwealth Bill was, in July of last year, referred to a Joint Select Committee of both Houses of the Western Australian Legislature for consideration and report, and the Committee reported with respect to this Clause that it would cause great inconvenience and injury to trade, and recommanded that it should be so amended as to give the whole of the present duties to the Colony for the full period of five years, without reduction. In order to give effect to the Committee's recommendation, the Government of Western Australia now seek to have the Bill amended by striking out the 95 th Clause, and inserting in lieu the following:- || „During a period of five years following the imposition by the Parliament of the Commonwealth of uniform duties of Customs, the State of Western Australia may, notwithstanding anything in this Constitution, continue to receive the same duties of Customs as are in force there at the passing of this Act, such duties to be collected by the Commonwealth. The Parliament of Western Australia may, during that period, repeal or alter, but may not increase, any of such duties; and, at the end of the said period, such duties shall absolutely cease. „During the said period of five years all goods imported into the other States of the Commonwealth from Western Australia shall be subject to such duties of Customs as the Parliament of the Commonwealth may impose." || If this amendment be made, the Government will immediately summon a meeting of the Western Australian Legislature, with a view to passing the necessary legislation so that the Commonwealth Bill may be referred to the people,

and the Government will also use its utmost endeavours to secure the acceptance of the Bill by the voters.

30th March, 1900.

S. H. Parker.

The Right Honourable Joseph Chamberlain, M. P., the Secretary of State for the Colonies, presiding. The Right Honourable the Earl of Selborne, Under Secretary of State for the Colonies. Sir RichardE, Webster, Bart., Q.C., M.P., Her Majesty's Attorney-General. Sir Robert B. Finlay, Q.C., M.P., Her Majesty's Solicitor-General. Sir Courtenay P. Ilbert, K.C.S.I., C.I.E., Parliamentary Counsel. The Right Honourable C. C. Kingston, Q.C., from South Australia. The Honourable E. Barton, Q.C., from New South Wales. The Honourable A. Deakin, from Victoria. The Honourable J. R. Dickson, C.M.G., from Queensland. The Honourable Sir Philipp Fysh, K.C.M.G., Agent-General, representing Tasmania. A. G. Berry, Esq., Secretary to Federation Delegation. S. H. Parker, Esq., Q.C., from Western Australia. The Honourable W. Pember Reeves, Q. C., Agent-General, respresenting New Zealand. The Honourable Sir R. G. W. Herbert, G.C.B. H. Bertram Cox, Esq. John Anderson, Esq., C.M.G.

Mr. Chamberlain: Gentlemen, with the assent of the other delegates, our first business is to ask the gentlemen who represent New Zealand and Western Australia whether they have anything to add to the statements which they have put in for our consideration, and perhaps I will ask Mr. Parker in the first place to say whether he would like to add anything to what has already been said in his memorandum. | Mr. Parker: Mr. Chamberlain, perhaps you, sir, and the gentlemen present will pardon me if I only say a few words, because I feel I am hardly in a condition to say anything. I think my fellow delegates from the Australian Colonies will all admit that it is most desirable to consummate their work by federating the whole of Australia.

Several Delegates: Hear, hear.

Mr. Parker: While one-third is excluded from the Australian Federation their work can hardly be said to be complete. Now, Western Australia it is admitted by the Bill and I need not go beyond the Bill — it is

admitted in the Bill in the strongest terms that Western Australia is not so fitted to federate with the neighbouring Australian Colonies as the larger and older Colonies are. Its industries, particularly so far as agriculture is concerned, are in comparatively an infant state. They require fostering; and it was recognised by the Convention and in the Commonwealth Bill that in order to foster these industries Western Australia should retain its duties as against the neighbouring Colonies for a period of five years. The Commonwealth Bill provides that these duties shall be reduced annually by one-fifth, so that in five years they die out entirely. Now, it was felt by the Committee of the Joint Houses of the Legislature of Western Australia, that this was not only not sufficient protection for these new industries and for the agriculturalist, but also that an annual alteration of duties would greatly injure and disturb trade, and therefore it was recommended by the Joint Legislative Committee that these duties should be continued as a whole for the period of five years. The Joint Select Committee of the two Houses recommended several other amendments to the Bill, but after due consideration the Government of the Colony have authorised me to state that they will be prepared to do their utmost to bring Western Australia into the Federation as an original state if the Bill can be so amended that Western Australia may retain its duties as against the neighbouring Colonies for a period of five years. I need not delay the meeting, because the gentlemen who come from the neighbouring Colonies, who are particularly interested in the subject, are just as well aquainted with the arguments that I might use as I am myself, but I may point out that it is very little we ask, and we have a great deal to give. We are prepared to give one-third of the area of the whole of Australia. We do not ask for any alteration. in the principle of the Bill, we simply ask for the alteration of the amount of the duties which the Bill proposes to give us. Instead of being reduced to four-fifths, three-fifths, two-fifths and one-fifth, we ask the whole for five years. || I might point out, Mr. Chamberlain and gentlemen, that Western Australia is very peculiarly situated as regards Federation because of its comparatively isolated state. In order to reach Sidney from Perth it will take a representative of Western Australia about the same time. as it would take to go from London to New York. There is no railway communication and we can only travel by sea to South Australia and thence by rail. I take it that the capital of Federated Australia will be somewhere in New South Wales, near Sydney, therefore, Western Australia will be very considerably handicapped in the way of representation until she is united by a railway with the neighbouring Colonies. Well, Western

Australia also, so far as its revenue is concerned, collects a great bulk of it by means of customs dues, and it is estimated that she will lose about £300 000 a year if she federates with the Australian Colonies. But notwithstanding this, notwithstanding the difficulty of representation, notwithstanding the fact that we cannot really be united with the rest of Australia until we have a railway, still the Government of Western Australia is prepared to accept all these disadvantages if we can have the Bill amended in the one particular which I have mentioned. || Now, sir, it has been pointed out to me that the delegates from the neighbouring Colonies are instructed to do their utmost to have this Bill passed by the Imperial Parliament without any amendment whatever, and I take it that if the Imperial Government adopt the view of the delegates there will be little hope of my obtaining any amendment in favour of Western Australia. But if, as I anticipate, the Bill will be amended in some particulars by the Imperial Legislature, then it seems to me there can be no reason why it should not also be amended in the minor matter which I have mentioned as affecting Western Australia, because after all it is a very minor matter compared to the amendment that is proposed to be made by the Imperial Government as regards the Privy Council and other matters mentioned in the memorandum which has been furnished to us. The reason why it has been said that the Bill ought not to be amended is that a further referendum will be necessary to the people of Australia. Well, this ground will be cut away entirely if the Bill is amended at all, and it will let in the opportunity for the amendment which I desire on behalf of my Colony, and I hope and trust that the delegates from the neighbouring Colonies will see their way, sir, to suggest to you a mode by which, if this Bill is amended at all, Western Australia may be admitted as an Original State on the terms she asks.

The Hon. W. Pember Reeves: Mr. Chamberlain and Gentlemen: I, like Mr. Parker, have but little to say, but I should like to lay some stress, as he did, upon the peculiarity of our position. While we are not so geographically placed as to be quite one of the Australian Colonies, we are so placed that no other part of the Empire has quite the same interest in them and in this Bill as we have. We are not contiguous with them, but we have the ties of intercourse and trade. Our people meet them in business daily, and this Bill which is to be passed, and which is to lay down the lines of the Commonwealth, establishing it for all time at any rate for generations to come will affect us whether we come into the Federation or whether we stand out. Our position, in short, is not an enviable one. We stand to lose if we stay out. We