Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 2)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896935052

URN:: urn:nbn:de:zbw-retromon-238139

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 2

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XI Seiten, Seiten 570-1100

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part IV. The federations and the union // Chapter II. The commonwealth of Australia

Collection:: Economics Books

804 THE FEDERATIONS AND THE UNION [PART IV the states exclusively or a power in respect of which the Commonwealth has exclusive or paramount jurisdiction ; it must be determined by the answer to the question whether the particular exercise of the power is a matter in which the Crown is concerned solely in its capacity as part of the constitution of the state, or in which the Crown is concerned as the central authority of the aggregate of communities composing the Empire. The principles laid down in this dispatch were acted on in the Benjamin and Weigall cases.! The former case arose out of a claim suggested by the Queensland Government for compensation by the United States Government on behalf of Mr. G. J. Benjamin, in respect of ill-treatment at San Francisco, and the Secretary of State for the Colonies referred the matter back to the Commonwealth Government and not to the Government of Queensland. The Secretary of State then took the view that it was to the Commonwealth alone, through the Imperial Government, that external countries could look for remedy or relief. It was an essential part of the Federal Constitution that in his relations with communities outside Australia a citizen of the Commonwealth was to be regarded not as a Victorian or a Queenslander, but as an Australian. Weigall’s case was that of an Australian ill- treated in Manchuria. His case was represented to the Imperial Government through the Government of New South Wales, and again the Secretary of State thought the Commonwealth must not be ignored. Friction arose also over the regulations as to landing of sailors from foreign war vessels in state ports; the Common- wealth had, on the one hand, the control of defence, the state that of domestic police, but after discussion at the Brisbane Conference of 1907, an amicable solution was arrived at in 19102 The states retain all their richt of police power, and t Cf. the discussion of these cases at the Premiers’ Conference at Brisbane in 1907 ; Victoria Parl. Pap., 1907, No. 23, pp. 37-417. * Of. Victoria Parl. Pap., 1907, No. 23, pp. 271 seq. ; Commonwealth Statutory Rules, No. 31 of 1909, modified in the direction of recognizing state authority by No. 29 of 1910, and again later see Age, October 17, 1910: Rules. No. 29 of 1911.

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