398 THE FEDERATIONS AND THE UNION [PART IV
future expenditure but really as a hoard. On the side of
the Government ! it was replied that the system was perfectly
legitimate, and that any other would merely be a continuation
beyond the appropriate time of the old system of book-
keeping, and would prevent Parliament making any adequate
provision for the necessities which were plainly looming
before it.
The matter was raised in the Courts by the Government
of New South Wales in connexion with appropriations thus
made to the credit of trust funds for defence and harbours,
which were not intended to be expended in the year. New
South Wales claimed that this was wrong and diminished
unfairly- the balance due to the state : the High Court? was
quite clear that the Constitution permitted the Common-
wealth to debit against the states all appropriations made
by the Parliament lawfully, whether money had been dis-
bursed on the ground of such appropriation or not, and
whether the authority to disburse was one on which the
Executive could act in that year or not. It was clear that
they considered that the Commonwealth Government had
gone to needless trouble in this creation of trust funds.
The question of the Braddon clause became more and
more important as the time drew near when its operation
would determine. It was felt that to leave the states at
the mercy of the Commonwealth would never do, and various
schemes were mooted at the eleven conferences which took
place between 1901 and 1909 between the state ministers
and on some occasions Commonwealth ministers. It was
proposed by Sir George Turner, in 1904,% in reply to a resolu-
tion of the State Premiers adopted in 1904 at Sydney, to
take over the state debts, in return for the right to use the
surplus revenue and the retention of the gross railway
1 Commonwealth Parliamentary Debates, 1908, pp. 11798 (Mr. Glynn),
11814 (Mr. Irvine). *7C. LR. 179.
2 (if. the same question discussed in Queensland Parliamentary Debates,
i910, pp. 1463 seq., in connexion with the question of the legitimacy
of a transfer of £50,000 to a trust fund for the University.
' Victoria Parl. Pavp.. 1904. No. 37.