oHAP. IT] THE COMMONWEALTH OF AUSTRALIA 789
with severe penalties for any infringement. Moreover, the
rivalry of the great cities of Melbourne and Sydney played
a part, and the cities were really for most purposes, as a result
of the congestion of population therein, the colonies. The
tariff divided further both New South Wales and Victoria,
and the people were strangely apathetic to the subjects dealt
with by federation ; Australia had not yet produced that
most remarkable product, a militant Labour party, and at
the several referenda and elections the number of votes cast
was only about 50 per cent!
5 2. Tne COMMONWEALTH AND THE STATES
The fundamental basis of the Commonwealth Constitution
is the creation of a new entity in the shape of the Common-
wealth Parliament, which is dealt with in chapter one of the
Act, an executive dealt with in chapter two, a judicature in
chapter three, while finance and trade are dealt with in
chapter four. A short fifth chapter deals with the states,
and the sixth and seventh chapters contain but a few
sections dealing with new states and with the seat of govern-
ment, and the appointment of deputies by the Governor-
General. A final chapter deals with the alteration of the
constitution. Unlike the British North America Act, it has
no creative power as regards the states at all, and it makes
no alteration in their constitutions,? save by way of creating
an authority with power in some degree exclusive of the
powers granted to the states, in some degree co-extensive
with, but paramount over, these powers. The Dominion
* Cf. Harrison Moore, Commonwealth of Australia,® p. 62. The Duke
of York opened the first session of the Legislature (for a needless criticism
see Clark, Australian Constitutional Law, pp. 352, 353; and cof. Tasmania
Parl. Pap., 1909, No. 14), and so the Duke of Connaught in the case of the
Union in 1910. Lord Hopetoun on arrival in Australia asked Sir W. Lyne
to try to form a Ministry, and on his inability so to do asked Mr. Barton
to do so. Lord Gladstone similarly, but more successfully, asked General
Botha to form a Ministry, not giving Mr. Merriman the option.
* Various proposals were made on this head in the course of discussion,
but never carried out.
