CHAP. 11] THE COMMONWEALTH OF AUSTRALIA 859 
the express words of s. 76 of the Constitution, which autho- 
rized Parliament to confer jurisdiction on the High Court 
in any matter arising under or involving the interpretation 
of the Constitution or arising under any law made by Parlia- 
ment, and s. 83 of the J udiciary Act, 1903, which authorized 
the Court to make orders or direct the issue of writs requiring 
any Court to abstain from the exercise of any federal juris- 
diction which it did not possess. 
Barton J. concurred in the view of the Chief Justice on 
this point. O’Connor J. held that s. 71 of the Constitution,? 
which declares that the judicial power of the Commonwealth 
shall be vested in the High Court of Australia, was sufficient 
to confer upon the High Court the power to keep inferior 
Courts of the Federal judicial system from exceeding their 
jurisdiction. It was also given by s. 75 (v) which clearly 
applied to judicial as well as to non-judicial officers. More- 
over, 8. 76 of the Constitution and s. 33 (b) of the J udiciary 
det gave the power, even had it not been given by the other 
sections of the Constitution. 
On the other hand, Isaacs J.3 held that s. 75 (v) did not 
confer the power in question. Prohibition to another Court 
Was not original but appellate jurisdiction. The power given 
ins. 33 Ab) of the Judiciary Act must be exercised within the 
range of the original jurisdiction conferred, to which it was 
expressly restrained, but he held that s. 31 of the Conciliation 
and Arbitration Act, 1904, did not cover the entire field of 
appellate jurisdiction as used in s. 73 of the Constitution. 
The expression appealed from in that section was used in 
the sense of the correction of error in the course of adjudica- 
tion, and not as including a denial of jurisdiction to adjudicate. 
When the Legislature intended to take away entirely the 
Power of the superior Courts to keep subordinate tribunals 
within the limits assigned, clear words were invariably used, 
38 in s. 52 of the New South Wales Industrial Disputes Act, 
19084 No such provision had been made in this case, and 
‘11 C. LR. 1, at p. 33. * 11 C. L. R. 1, at pp. 40-2. 
"11 C. L. R. 1, at pp. 47-9. 
Baater v. New South Wales Clickers’ Association, 10 C. L. R. 114,