386 THE FEDERATIONS AND THE UNION [PART IV 
be pending. They admitted that the State Courts and 
their officers were not officers of the High Court, but they 
reminded the Chief Justice of Victoria and the officers of the 
Court that they were Australians, bound by the laws of 
the Commonwealth under s. 5 of the Constitution Act. 
In 1910 the Commonwealth Parliament by Act No. 34 
authorized the Governor-General to refer to the full bench 
of the High Court for hearing and determination any question 
of law as to the validity of any Commonwealth Act! Any 
state interested shall be allowed to intervene,? and any person 
interested may be permitted to appear at the hearing, and 
the Court is authorized to secure the argument by counsel 
at the expense of the Commonwealth of any point which 
they think should be so argued. The determination of the 
Court upon the matter shall be final and conclusive, and not 
subject to any appeal, but this provision of course does not 
bar the prerogative right to grant leave to appeal under 
3. 74 of the Constitution. The legislation is based on the 
model of that adopted by Canada in the Supreme Court and 
also by the Canadian Provinces, but differs from the legisla-~ 
tion in the case of the Supreme Court by making the decision 
inal, and not merely as in the case of Canada, consultative. 
Under s. 118 full faith and credit shall be given throughout 
the Commonwealth to the laws, the public Acts and records, 
and the judicial proceedings of every state. This clause is 
borrowed from the United States Constitution, and fortu- 
nately its sense there has received judicial interpretation in 
a manner which the Courts of Australia are no doubt sure 
* Sir J. Quick was doubtful as to the propriety in point of law of the 
2nactment, but approved its expediency ; see Quick and Garran, op. cit., 
p. 7167; Parliamentary Debates, 1910, pp. 6489 seq.. 6781 seq. : Harrison 
Moore, op. cit., pp. 363 seq. 
* This has been done already in several cases under the existing 
law ; e.g. The State Railway Servants’ Case, 4 C. L. R. 488; The King 
v. Barger, 6 C. L. R. 41; Baxter v. Commissioners of Taxation, N. S. W. I" 
1 C. L. R. 1087 ; The Woodworkers’ Case, 8 C. L. R. 465, and by the Privy 
Council in the case of the Commonwealth ; Webb v. Outtrim, [1907] A. C. 81. 
* For Canada, cf. Cooper v. Cooper. 13 App. Cas. 88: Logan v. Lee. 
30 S. C. R. 311.