1366 THE JUDICIARY [PART VI 
the powers of the Court has been to some degree effected by 
the Constitution of 1900 and an Australian Act, No. 8, of 1907. 
It was originally proposed that the High Court to be 
established for the Commonwealth should be the final Court 
of Appeal for the Commonwealth! The Adelaide session 
saw the appeal in every case removed, save that an appeal 
might be allowed from the High Court only if the public 
interests of the Commonwealth or a state or any other part 
of the Queen’s dominions were concerned. In the Bill as 
brought home by the delegates this was modified, and it 
was proposed to exclude an appeal from any Court, federal 
or state, in any matter involving the interpretation of the 
Constitution, or the Constitution of a state, unless the public 
interests of some part of Her Majesty’s dominions, other 
than the Commonwealth or a state were affected. Excep- 
tion was taken to this proposal by the Imperial Government, 
which desired to see the full appeal retained, or at least some 
less vague limitation imposed, and the objections of that 
Government were reinforced by reference made to the 
Colonial Chief Justices by telegram, which solicited the ex- 
pression of views in favour of the extension of the appeal 
and the preservation of an appeal in every case from the 
State Courts, for which Queensland and New Zealand pressed. 
Finally both sides compromised, and the section as passed 
was expressed as follows : 
No appeal shall be permitted to the Queen in Council from 
a decision of the High Court upon any question, howsoever 
arising, as to the limits infer se of the constitutional powers 
of the Commonwealth and those of any state or states, or 
as to the limits infer se of the constitutional powers of any 
two or more states, unless the High Court shall certify that 
the question is one which ought to be determined by Her 
Majesty in Council. 
The High Court may so certify if satisfied that for any 
t Cf. Commonwealth of Australia Constitution Bill (Wyman & Sons, 1900), 
Keith, Journ. Soc. Comp. Leg., ix. 269-80 ; Quick and Garran, Constitution 
of Commonwealth, pp. 242 seq., 750 seq. ; Harrison Moore, Commonwealth 
of Australia,® pp. 236 seq. ; Parl. Pap., Cd. 158, pp. 1 seq., 47, 57, 64, 75 
seq. ; 188, p. 3; Commonwealth Debates, 1907, pp. 3755 seq.