Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

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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:: 1896935311

URN:: urn:nbn:de:zbw-retromon-237672

Document type:: Volume

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

Title:: Responsible government in the Dominions

Volume count:: Vol. 3

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XII Seiten, Seiten 1102-1670

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part V. Imperial control over Dominion administration and legislation

Collection:: Economics Books

1198 ADMINISTRATION AND LEGISLATION [part V and engaged in trading between Australia, Calcutta, and South Africa. The officers of the company’s ships resided in Australia and were engaged there, but the ships’ articles were filled in and signed in Calcutta. The officers, though not entitled to be discharged in Australian ports, were allowed to leave at such ports if they wished, with the consent of the master. The ships did no inter-state trade, but occasionally made short trips from Calcutta to other Indian ports. The organization of employees to which the officers belonged filed a claim in the Commonwealth Court of Conciliation and Arbitration for the settlement of a dispute between the officers and their employers as to the wages, hours, and conditions of labour during the voyages of their ships. The matter came before the Commonwealth High Court on a special case stated by the President of the Commonwealth Court of Conciliation and Arbitration under s. 31 of the Com- monwealth Conciliation and Arbitration Act, 1904. It was argued in favour of the Merchant Service Guild that s. 5 of the Constitution Act must be interpreted in a wide sense, so as to go beyond the powers conferred on the Common- wealth Parliament by ss. 735 and 736 of the Imperial Merchant Shipping Act, 1894. It was also argued that the laws of the Commonwealth should be regarded as applying to disputes between the people of the Commonwealth, not only in Australia, but wherever the parties may be. The Court rejected the arguments and decided in favour of the company. They held that in the case of the ships in question, even supposing that the port of departure was an Australian port, which was doubtful, it was impossible, as a matter of fact, to hold that the port of destination was also within the Commonwealth. ‘The only interpretation,’ said 0’Connor J., ‘ which will give any effective operation to the section is to take the port of destination as meaning the port of final destination or last port of the voyage. The words of s. 5 would then be taken to describe a round voyage beginning and ending within the Commonwealth. That is the class of voyage to which in my opinion the section

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