crap. 1] THE COMMONWEALTH OF AUSTRALIA 919 
of South Australia and in 1910 by the Commonwealth, 
the railway in question must pass completely through the 
territory of South Australia and the Northern Territory, 
and must not deviate into Queensland or New South Wales. 
On the other hand, it is very improbable that either Queens- 
land or New South Wales will consent to the large expendi- 
ture on the trans-continental railway, unless it is also to be 
of service to these territories, and the strength of the two 
states in the Federal Parliament is almost certain to be 
sufficient to secure the decision that the route should deviate. 
Moreover, the Attorney-General of the Commonwealth has 
given it as his opinion that the agreement does not require the 
building of the railway entirely in the territory of South 
Australia and in the Northern Territory, and it seems to be 
beyond question that the late Mr. Price, by whom, as 
Premier of South Australia, the agreement was made, was 
prepared to see a deviation into Queensland or New South 
Wales. The matter may fall to be decided by the Courts 
if an agreement cannot be reached by negotiation. 
Acts No. 20 and No. 27 deal with the acceptance of the 
Northern Territory as a territory under the Commonwealth, 
and with the provisional administration of the territory. 
By the former Act, which was passed under the powers 
given by s. 122 of the Constitution,” and in accordance with 
the agreement made with the state of South Australia and 
approved by the Parliament of South Australia by Act 
' It has been doubted if there should not be a referendum under the 
Constitution as the legal preliminary to the surrender by South Australia ; 
see Legislative Council Debates, 1910, pp. 181 seq. But the best opinion 
is clearly that this is needless; cf. House of Assembly Debates, 1910, 
pp. 597 seq. The surrender is under ss. 111 and 122, not under s. 123. 
See on all the points Commonwealth Parliamentary Debates, 1910, pp. 4423 
seq., 4540 seq., 4633 seq., 4715 seq., 5010, 5094 seq., 5416 seq., 5552 seq. 
' Cf. Commonwealth Parl. Pap., 1909, No. 20, p. 36. The territory was 
assigned to South Australia by letters patent of July 6, 1863, issued in 
virtue of the Acts 5 & 6 Vict. ¢. 76, 8. 51, and 24 & 25 Vict. c. 44, s. 2. 
These letters patent ceased probably to be revocable when the Act 63 & 64 
Vict. c. 12, 8. 6, made the Northern Territory beyond question part of 
tho state. See South Australia Parl. Pap.. 1896. No. 113; Quick and 
Garran, op. cit., p. 3795.