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INDEX.

[NOTE. The references are to the pages.]

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Affirmation of allegiance, 488.
Agent-General, office of, 632.
Agreement with public service, dis-

qualifies for Parliament, 491, 493.
Aliens, federal power as to, 599. Im-

perial 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. ; presenta-
tion 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. Dis-
coveries, 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. Pro-
cedure 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. Recom-
mendation by Crown, 679.

Ordinary Annual, Senate may not
amend, 669; but may suggest amend-
ments, 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, disquali-

fication by, 490. Federal power as

to, 586; is concurrent, 587. Ameri-
can 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 Conven-
tion, 166. Leads "National Federal

996

Party" in N.S. W., 215.

Spokes-

man 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 after-
wards, 860.

Borrowing on the credit of the Com-
monwealth, 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 pay-
ment of, 823. Grants of and agree-
ments 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 Par-
liament, 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 Govern-

ment.

Census, federal power as to, 572.
Citizen, defined, 491, 776. History of
word, 955. Of foreign power, dis-
Of a
qualified for Parliament, 491.
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, discus-
sion 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. Foun-
dation 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 Common-
wealth, 716. See States.

Colonization. See Colonies.

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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,
Mean-
184. Inauguration of. 252.
ing of the word, 311-4. Secondary
meaning, 368. Parts of, 354, 372.
Quasi-
Nature of, 366-8, 371.
sovereignty of, 368, 927. Alteration
of limits of, 378. Organization of,
380. Suits by or against, federal
Power of
jurisdiction in, 772.
Parliament to grant rights of
States
proceeding against, 806.

may not

tax

property of, 948.

People of, 449, 957.

Commonwealth Bill, of 1891, 115-43;
fate of, 143-150. Of 1898, 165-206
Of 1899,
(see Table of Contents).
218-228; adoption of, 221; enact-
ment of, 228-49. See Constitution.
Companies. See Corporations.
Compensation for acquisition of pro-
perty, 641. For property of trans-
ferred 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; Con-

ference 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.

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. Refer-
endums upon, 206, 222. Enactment

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of, 228-249. Under the Constitu-
tion," 300. Commencement of, 344.
Organization of the Commonwealth
within, 380. Jurisdiction in matters
arising under, 790. Interpretation
of, 791.

Constitutions of States, continue sub-
ject 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 mem-
bers of, 255.

Corporations defined, 578. Residence

of, 777. Foreign, trading, or finan-
cial, formed within territorial limits,
federal power as to, 604.

Courts, Federal. See High Court, In-
ferior Courts, Justices.

Of the States, Parliament may in-
vest 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 Common-

wealth Act should bind, 229, 320-2.
"Under the Crown," 294-6, 367. In
Parliament, 308. Remedies against,
805. See Queen, Prerogative, De-
mise 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 propos-
ing, 506. Uniform, 550, 829.
be imposed within two years, 830.
Defined, 837. On goods loaded up'
before uniform tariff, 859. Wes-
tern Australia may impose inter-
colonial, for five years, 865. See
Customs and Excise.

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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 estab
lishment of Commonwealth, 924.
Decision of High Court upon a constitu-
sional 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 rail-
ways for, 642. Command-in-chief of
forces, 713. Transfer of department
of, 714.
Definitions, 364-6.
Demise of Crown, 461.

Does not dis-

solve 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 ad-
minister, ib.

Designs, patents of, federal power as to,

598.

Development, rates necessary for, 920.
See Railway rates.

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 Dead-
locks.

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 Par-
liament, 489. Penalty for sitting
when disqualified, 495.

Dissolution. See House of Representa-
tives, 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 Representa-
tives, 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 pre-
scribe, 738. From a power, mark
its extent, 796.

Excise duties, laws imposing, shall
deal with excise only, 674. Defini-

tion 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 Com-
monwealth, 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, ap-

portionment of, 134, 139, 169; before
uniform duties, 834; for five years
after, 861; ultimately, 864. Charged
on revenue, 813. Preliminary, with-
out 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.

Inter-

national, 635. Imperial Acts relat-
ing to, 635. Treaties, 770.
Extra-judicial opinions, 765. In Eng-
land, 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 Common-
wealth, 961.

Fares. See Freights, Railway rates.
Federal, meaning of word, 332-42.
Federal and national elements in the
Constitution, 334. Form of the Com-
monwealth, 367. "Federal State"
and "Federal Government," 333,
369. Movement, the, 79-252. See
Table of Contents.

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, constitu-
tion 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 Aus-
tralian 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 Con-
vention, 133, 139; in Adelaide
Suggestions of
session, 169, 176.
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. Sug-
gests a central functionary for
Australia, 80, 81. Appointed Gov-
ernor-General of Australia, 89.
Forces, States may not raise or maintain
without consent of Federal Parlia-
ment, 948.

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electors of States entitled to vote at
federal elections, 483

Freetrade, intercolonial, early attempts

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

to

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 legisla-
tion 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. Con-
trasted 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 Com-
mission, 395. Higinbotham's criti-
cisms of old Instructions, 396. New
Instructions, 398. Special Instruc-
tions, 400. Certain powers of, to
vest in Governor-General, 716.
Governor-General, of Australia, ap-
pointment of Sir Charles Fitzroy as,
41, 89.

Of the Commonwealth, first ap-
pointment of, 251, 342-3. Office of,
387-8. Term of office, 389. Salary
of, 400. Provisions relating to, in-
clude 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. re-
ferences to, 706. To be Com-
mander-in-Chief, 713. Certain powers
of State Governors to vest in, 716.
May be authorised by Queen to
appoint deputies, 982.

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