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

1214 ADMINISTRATION AND LEGISLATION [PART V If the Peninsular and Oriental Steamship Company engage in that trade they must pay coastal rates, but as long as they do not engage in that trade they cannot be forced to do so by New Zealand legislation. Strictly speaking, it is true New Zealand could legislate to provide that coastal rates should be paid while the vessel was within the three-mile limit, but such legislation would be of infinitesimal impor- tance and if not repugnant, as it probably would be, to 8. 166 of the Act of 1894, could be evaded by the company with the greatest possible ease. Further, with regard to allships whose first port of clearance and whose port of destination are in the Commonwealth, the Commonwealth law applies under s. 5 of the Commonwealth of Australia Constitution Act, 1900, and it does not seem that the New Zealand Parliament can override the Commonwealth law, which thus has Imperial validity.* Of course, if the term ‘trading from New Zealand to the Commonwealth ’ is interpreted only to include vessels which are registered in New Zealand or in some sense are domiciled there, no conflict might arise, but it is very doubtful whether New Zealand Joes not intend to regard the Huddart-Parker vessels as falling within its sphere of activity. More serious is the position with regard to s. 3 of the Bill, which is avowedly an attempt to exclude Asiatics from trading with New Zealand. It should, however, be noted that the attempt is not absolute; that is to say, that no attempt is made to interfere with vessels manned by Asiatics which merely trade with New Zealand or some other foreign country, or some British possession, and which do not trade from New Zealand to Australia or the Cook Islands. It should be noted further that the legislation cannot be said to be ulira vires the Dominion Parliament, and that it therefore does not stand on the same footing as s. 2, the objections to which are legal as well as political. The discrimination in s. 3 is directed by name against Asiatics, and is avowedly, by the admission of the Government in t It may seem reasonable that New Zealand should be accorded like powers with the Commonwealth as to merchant shipping.

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