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

crap. 1] THE COMMONWEALTH OF AUSTRALIA 919 of South Australia and in 1910 by the Commonwealth, the railway in question must pass completely through the territory of South Australia and the Northern Territory, and must not deviate into Queensland or New South Wales. On the other hand, it is very improbable that either Queens- land or New South Wales will consent to the large expendi- ture on the trans-continental railway, unless it is also to be of service to these territories, and the strength of the two states in the Federal Parliament is almost certain to be sufficient to secure the decision that the route should deviate. Moreover, the Attorney-General of the Commonwealth has given it as his opinion that the agreement does not require the building of the railway entirely in the territory of South Australia and in the Northern Territory, and it seems to be beyond question that the late Mr. Price, by whom, as Premier of South Australia, the agreement was made, was prepared to see a deviation into Queensland or New South Wales. The matter may fall to be decided by the Courts if an agreement cannot be reached by negotiation. Acts No. 20 and No. 27 deal with the acceptance of the Northern Territory as a territory under the Commonwealth, and with the provisional administration of the territory. By the former Act, which was passed under the powers given by s. 122 of the Constitution,” and in accordance with the agreement made with the state of South Australia and approved by the Parliament of South Australia by Act ' It has been doubted if there should not be a referendum under the Constitution as the legal preliminary to the surrender by South Australia ; see Legislative Council Debates, 1910, pp. 181 seq. But the best opinion is clearly that this is needless; cf. House of Assembly Debates, 1910, pp. 597 seq. The surrender is under ss. 111 and 122, not under s. 123. See on all the points Commonwealth Parliamentary Debates, 1910, pp. 4423 seq., 4540 seq., 4633 seq., 4715 seq., 5010, 5094 seq., 5416 seq., 5552 seq. ' Cf. Commonwealth Parl. Pap., 1909, No. 20, p. 36. The territory was assigned to South Australia by letters patent of July 6, 1863, issued in virtue of the Acts 5 & 6 Vict. ¢. 76, 8. 51, and 24 & 25 Vict. c. 44, s. 2. These letters patent ceased probably to be revocable when the Act 63 & 64 Vict. c. 12, 8. 6, made the Northern Territory beyond question part of tho state. See South Australia Parl. Pap.. 1896. No. 113; Quick and Garran, op. cit., p. 3795.

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