cmap. 11] THE COMMONWEALTH OF AUSTRALIA 903 
the Murray have formed the subject of repeated and futile 
attempts by Victoria, New South Wales, and South Australia 
to arrive at some scheme which will secure the proper 
utilization of the waters of the river without depriving the 
lower stream of its navigable character. The whole question 
may ultimately be laid before the High Court. 
For the purpose of the adjustment of the provisions of the 
Constitution relating to trade and commerce and the laws 
made under the power in the Constitution, the Parliament 
was authorized to set up an Inter-State Commission? This 
commission was necessary if Parliament were to exercise the 
power given in 8. 102 to forbid by any law with respect to 
trade and commerce as to railways any preference or dis- 
crimination by a state, or an authority constituted under the 
authority of a state, if the preference or discrimination were 
undue and unreasonable and unjust to any state, due regard 
being had to the financial responsibilities incurred by the 
state which had provided the railway, but no preference or 
discrimination should be deemed to be undue unless deter- 
mined to be so by the Inter-State Commission. The members 
of the body were to be appointed by the Governor-General in 
Council and hold office for seven years, but be removable on 
address from both Houses of Parliament in the same session, 
on the ground of proved misbehaviour or incapacity ; they 
were to receive salaries fixed by Parliament and not to be 
diminished during their tenure of office. At the same time, 
with a view to the exceptional case of such places as South 
and Western Australia, it was provided in s. 104 that nothing 
should prevent the levying of any rate for the carriage of 
goods on a state railway, if the commission certified that the 
rate was necessary for the development of the state, provided 
that such rates applied equally to goods within the state and 
! Of. Clark, op. cit, pp. 102-17. A new agreement (South Australia 
Parl. Pap., 1911, No. 37) is to be submitted to the Parliaments in 1911. 
* Tbid., pp. 185-9; Harrison Moore, op. cit., pp. 573-6. That no other 
sxecutive authority could be set up was argued in Huddart Parker and 
Co. Proprietary Ltd. v. M oorehead, (1909) 8 C. L. R. 330, but that was not 
accepted by the High Court.