cHAP. 11] THE COMMONWEALTH OF AUSTRALIA 915 
(0) The Federal Capital 
It is provided in the Constitution that the seat of Govern- 
ment shall be on territory granted to or acquired by the 
Commonwealth, and shall be at least a hundred miles in 
extent, and be not nearer than a hundred miles from Sydney, 
in the State of New South Wales. It was apparently agreed 
that the site should also, while not within a hundred miles of 
Sydney, be as near as possible to the boundary line ; in the 
result the site of Dalgety was chosen in 1904 by Act No. 7 
for the capital ; it was, however, rejected in 1908 by Act 
No. 24, and after an exhaustive ballot a site at the district of 
Yass-Canberra fixed upon by the Fisher Government, and 
an Act for the acceptance (No. 23) passed in 1909, while New 
South Wales also passed an Act (No. 14) for the surrender, but 
as yet the city is still in posse, though an appropriation for 
it has been taken in the estimates for 1910 and plans invited. 
The choice of the site has, however, been the subject of much 
recrimination and difficulty, and the negotiations for the 
capital are one of the least satisfactory among the many 
troubleds problems which have vexed the country since 
federation.? 
It is probable that the Commonwealth must treat the 
federal capital as a place for which it must legislate and not 
convert it into a state. The territory surrendered by New 
South Wales by the Act of 1909 is over nine hundred square 
miles in extent, and includes access to the sea with a grant 
of two square miles. but no foreshore at Two-fold Bay, while 
Governor of Norfolk Island, but in 1897 a new Order in Council was issued 
in order to entrust the administration to him as Governor of New South 
Wales, i. e. on ministerial advice, and a grant from the Imperial Govern- 
ment was made to enable the administration to start afresh. But in fact 
the Governor acts by his own views; there is a local elective Council of 
twelve with a magistrate, and the Governor has legislative authority. 
See Parl. Pap., C. 4193, 8358; Order in Council, October 18, 1900. 
* Cf. Harrison Moore, op. cit., pp. 590-2. Quick and Garran, op. cit., 
pp. 978, 979 ; Commonwealth Parl. Pap., 1907-8, No. 18. 
? See Turner, Australian Commonwealth. pp. 65-8. 73 seq., 188-90, 
210. 244. 265. 268. 
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