HE ALI. RED SERIES J. 1 J l.y ALTH STRALIA THE IJON.BERNHARD R.WISE ■^\ (?7^ ^s&, (m ^^. 0^ M': cw) •^^ , (T^ ,'i& (m ■<^. (?^ ■'5*. (?;) a cA. ^ cAj, "Ja tA> ^P cAj vS ^4>'m^m4^^^^4>'3^^^4>^^^4>^^^MmM4>^<^^4>^ 'i^ i9i (^ c^ (^ i^,^^S, OS) ^ (mi s,(?^S^ a/>oi^S>(^S*<^S>^i^^(^ THE ALL RED SERIES THE COMMONWEALTH OF AUSTRALIA THE COMMONWEALTH OF AUSTRALIA BY B. R. WISE LONDON : SIR ISAAC PITMAN & SONS, LTD. No. 1 AMEN CORNER, E.C. ^ , 1909 115939 Printed by Sir Isaac Pitman & Sons, Ltd., London, Bath AND New York - 1909 HC TO ALFRED DEAKIN Cv^ PREFACE There are many histories of Australia and many descrip- tions of its scenery and customs ; but no one has presented a general view of the Commonwealth, both as a country and a nation, as Mr. Bryce, for instance, has done for the United States. Yet Australia, from her geographical position, — if for no other and more sentimental reason, — must always 03 be of interest to the Empire. Dominating the Pacific, and placed astride of the trade-route between America and China, she is not only the outlying frontier of England towards the Far East — which is the Empire's most vulner- able side — but she is also the ultimate heir of Java, Sumatra, and the Celebes, in the event of the absorption by Germany of Holland. In one set of contingencies, when promptitude might make the difference between salvation and destruction, she could anticipate by a fortnight the landing of troops in either India or China : Q in another she would be mistress of the richest tropical possessions in the world, at a time when commercial supremacy largely depends upon control of the tropics. Nor is Australia less worthy of attention if we regard her internal development and material wealth. She has been and is a laboratory of political experiments ; and is facing the problems of Democracy in a spirit and by methods which are in striking contrast to the spirit and the methods of the American Democracy upon the other side of the Pacific. In mere wealth and productive power her handful of people, — four millions scattered over a country as large as the United States, if we exclude the ice-bound portion of Alaska, and larger than Europe without Spain, — excels every civilised community. And o viii PREFACE yet no one, who knows the country, can doubt that even Australia's immense output will be increased, as more good land comes under cultivation, and engineers solve the problems of water conservation and cheap transport. Thirdly, Australia is the most British country out of Great Britain. Canada has its French province, the Dutch are in South Africa, the United States are a medley of races ; but 97 per cent, of the population of Australia is of pure British descent. For the first time in history, as Sir Edmund Barton pointed out with apt terseness during the campaign for Federation, there is " A Continent for a Nation and a Nation for a Continent." Englishmen in England cannot be indifferent to the destiny of such a people, so situated and with such resources. This little book is, of necessity, a sketch in outline, and must conform to the series in which it appears. But, although it cannot cover the ground of Mr. Bryce's classic, it can at least explain some of the special features of Australian policy, and the ideas, temper and conduct of its people. The plentiful lack of knowledge about Australia justifies such an attempt. PROEM There is a land in distant seas, Full of all contrarieties. There, beasts have mallards' bills and legs Have spurs like cocks, like hens lay eggs : These quadrupeds go on two feet. And yet few quadrupeds so fleet : And birds, although they cannot fly. In swiftness with the greyhound vie. With equal wonder you may see The foxes fly from tree to tree ; And what they value most — so wary, — These foxes in their pockets carry. There parrots walk upon the ground ; And grass upon the trees is found ; On other trees, another wonder. Leaves without upper side, or under. There, apple trees no fruit produce, But from their trunks pour cid'rous juice. The pears you'll scarce with hatchet cut ; Stones are outside the cherries put : Swans are not white, but black as soot. There the voracious ewe-sheep crams Her paunch with flesh of tender lambs. There, neither herb, nor root, nor fruit Will any Christian palate suit ; Unless, in desp'rate need, you fill ye With root of fern, or stalk of lily. Instead of bread, and beef, and broth. Men feed on many a roasted moth ; And find their most delicious food In grubs picked out of rotten wood. PROEM There, birds construct their shady bowers, Deck'd with bright feathers, shells, and flowers : To these the cocks and hens resort. Run to and fro, and gaily sport. Others a hot-bed join to make, To hatch the eggs which they forsake. There, missiles to far distance sent Come whistling back with force unspent. There courting swains their passions prove By knocking down the girls they love : The sun, when you to face him turn ye, From right to left performs his journey. The north winds scorch ; but when the breeze is Full from the south, why then it freezes. Now, of what place can such strange tales Be told with truth, but New South Wales ? Bentley's Miscellany, 1846. TABLE OF CONTENTS PART I— A GROWING NATION CHAPTER I PHYSICAL CONDITIONS PACK Area and Limits — Description — Rainfall — River Systems — Artesian Water — Scenery and Climate — Fertility' — Productiveness — Droughts . . . . . . . . . . 1 CHAPTER II THE PEOPLE The Over-sea Briton — The Changed Skies — Characteristics — City Life — Housing — Living — Amusements — Horse-racing — Other Sports — An Easy Life .,. . . 19 CHAPTER III THE BUSH A Country Life — Characteristics — Bush Life — Isolation — The Sundowner — The Squatter — The Cattle-run — The Planter — The Selector — The Country Towns . . . . . . 36 CHAPTER IV POLITICS AND THE WORKING MAN The Aim of Australian Democracy — The Paradise of the Working Man — A Contrast of Methods — Australian Socialism — Social Progress v. Material Advance — A Policy not a Philosophy . . . . . . . . . . . . 50 XU CONTENTS CHAPTER V THE LABOUR PARTY PAGB The Opportunity — The Maritime Strike — Labour turns to Politics — A Retrospect — The Caucus — The Programme — What the Party stands for . . . . . . . . . . 59 CHAPTER VI EDUCATION (1) Distribution over States — New South Wales — Victoria — South Australia — West Australia — Queensland — Tas- mania. (2) Amount and Quality : Cost — Attendance — Curricula — Private Schools — Summary — Secondary Edu- cation — Technical Education — Universities. (3) Practice and Ideals . . . . . . . . . . , . . . 73 CHAPTER VII THE PUBLIC LANDS : A WASTED HERITAGE Early Land Systems — The Wakefield Theory of Colonisation and the Agrarian War — The Orders in Council of 1847 — The Squatters and the People — The Wakefield Experiment in South Australia — An Immigration Policy . . . . 92 CHAPTER VIII " BACK TO THE LAND " The Cry for Land — Experiments in Settlement — Assistance to Settlers — How the Land is Held To-day .. ..125 CHAPTER IX MATERIAL GROWTH Private Wealth — Diffusion of Wealth — Savings — Production — The Pastoral Industry — Farming and Dairying — Agriculture — Mineral Productions — The Manufacturing Industr>' — Internal Trade — Oversea Commerce — The Balance of Trade — Indebtedness — Banking — Summary 141 CONTENTS Xlll PART II— THE GOVERNMENT CHAPTER I THE FIGHT FOR UNION PAGE Provincial Divisions — The First Steps — The Convention of 1891— The Draft Bill— Note on the Contest .. ..161 CHAPTER II THE NATURE OF THE FEDERAL GOVERNMENT The Double Aspect of Federation — Distinction Between a Federal and a Sovereign Government — The Sphere of the Commonwealth — The National Sovereignty — Federal Powers — Special Provisions — Navigation and Immigra- tion — Differential Railway Rates — Railway Construction 172 CHAPTER III THE EXECUTIVE The Crown — The Executive Council — Responsible Government — An Experiment . . . . . . . . 191 CHAPTER IV PARLIAMENT The Governor-General — The Senate — The House of Repre- sentatives — Relations between the two Houses — ^The States House — Money Bills — Deadlocks — Tacking — Limitation of the Legislative Power — The Prerogative — Fundamental Laws . . . . . . . . . . . . 197 CHAPTER V THE JUDICIARY The Judiciary and the Constitution — Appellate Jurisdiction —Original Jurisdiction — The Guardian of the Constitution 212 XIV CONTENTS CHAPTER VI THE WORKING OF THE SYSTEM PAGE Requisites of the Cabinet System — The Party System — Members — The System in Working — Elective Ministries — The Referendum — Members and the Constituencies — " Reckless Legislation " — Misunderstandings .. .. 219 CHAPTER VII THE FINANCIAL PROBLEM The Financial Problem — A Uniform Tariff — The Surplus and its Distribution — The Transferred Expenditure — A Commonwealth Budget — The Return to the States — The Pubhc Debt 235 PART III— LEGISLATION CHAPTER I TARIFFS AND PREFERENCE The First Tariff — The Effect on Industry — The National Policy — Imperial Preference — The Displacement of British Trade — Should Trade Follow the Flag ? — The Value of the Gift of Preference — Preference to British Ships — Extensions of the Policy of Preference — Preference and Imperial Union .. .. .. .. .. .. 247 CHAPTER II " THE NEW PROTECTION " The Problem of Commerce — The " Harvester " Case — ^The Australian Industries Preservation Act — Monopolies — Dumping — Tariffs and Labour — Tariffs — Corruption . . 266 CHAPTER III " A WHITE AUSTRALIA" The Policy — Its Administration — Coloured Crews — Kanaka Labour and the Sugar Industry — The White Man and the Tropics — Conclusion . . . . . . . . . . 274 CONTENTS XV CHAPTER IV THE COMMONWEALTH AND IMMIGRATION PAGE Contract Immigrants — Strike-breakers — Ambiguity Removed — State-aided Immigration . . . . . . . . . . 281 CHAPTER V INDUSTRIAL LIFE Division I The Eight Hours' Day — Early Closing — Victorian Efforts — The New South Wales Act of 1900 — Legislation in other States — Factory and Shop Legislation — General Industrial Legislation — A Paradox Explained . . . . . . 288 Division II Wages Boards — Industrial Courts — Collective Bargaining — Industrial Unions — Industrial Agreements — The Deter- mination of Disputes — Conciliation — Preference to Unionists — Membership of Unions — The Court and its Powers — The Common Rule — Prohibition of Strikes and Lock-outs — Underlying Principles — The Act in Operation — Is it one-sided ? — A New Measure — Wages Boards and Courts Compared — The Scope of the Acts — Note to Chapter 298 CHAPTER VI OLD AGE AND INVALIDITY PENSIONS Schemes in Operation — Administration — A Federal System — Invalidity Pensions . . . . . . . . . . 325 CHAPTER VII DEFENCE Before Federation — After Federation — Inadequacy of the System — The Enemies of Australia — Compulsory Service — Naval Defence — Conclusion . . . . . . . . 329 Appendix I. Routes to Australia . . . . . . ... 344 Appendix II. Note on Loan Policies . . . . . . 348 Index . . . . . . . . . . . . . . . . 349 ILLUSTRATIONS SYDNEY HARBOUR ..... Frontispiece FACING PAGE A BORE ......... 16 AN AUSTRALIAN RACE-COURSE ..... 30 CAMEL TRANSPORT ....... 44 VIEW OF MELBOURNE 62 PITT STREET, SYDNEY, N.S.W., IN 1853 ... 94 KING WILLIAM STREET, ADELAIDE . . . .118 HARVESTING AT COLEBROOK ..... 134 TRANSPORTING TIMBER . . . . . .150 BRIDGE STREET, SYDNEY , 176 VIEW OF PERTH ....... 194 A STAGE COACH 220 A MOB OF SHEEP ....... 248 A BANANA GROVE . 278 THE queen's WHARF, LAUNCESTON, TASMANIA . . 300 A RABBIT-TRAPPER'S CAMP ..... 326 A COMPARATIVE CHART . . . . . fuge 14 MAP OF AUSTRALIA .... faciflg „ 356 THE COMMONWEALTH OF AUSTRALIA PART I— A GROWING Nx\TION CHAPTER I PHYSICAL FEATURES Area and Limits — Description — Rainfall — River System — Artesian Water — Scenery and Climate — Fertility — Productiveness — Droughts . Australia, as a geographical expression, includes the continent and islands which lie between the tenth and forty-fifth degrees of south latitude and the one hundred and thirteenth and one hundred and fifty-fourth degrees of east longitude. As a political expression, the term now includes the territory of Papua and the depen- dencies of Lord Howe and Norfolk Islands. In general parlance, the term means the six States of New South Wales, Victoria, South Austraha (including the Northern Territory) ; Western Australia and Queensland, which are situated on the continent, and the adjacent island of Tasmania. It is in this sense then, that " Australia " will be used in the present volume. The term " Australasia " is given to all the British possessions in the Western Pacific and includes New Zealand. Australia is bounded on the north by the Timor Sea, the Arafura Sea and Torres Strait ; on the east by the Pacific Ocean ; on the south by the Southern Ocean ; and on the west by the Indian Ocean. Its total area 1 THE COMMONWEALTH OF AUSTRALIA is 2,974,581 square miles. The area of the mainland* is 2,948,366 square miles ; that of Tasmania is 26,215 square miles. Its greatest breadth is 2,400 miles, between Shark's Bay on the west, and Sandy Cape, the extreme point of the east coast. From north to south — from Cape Otway to Cape York — ^is 1,700 miles. These figures are too large to be apprehended easily. Their significance is better understood by a comparison. Austraha is larger than the United States, if the Arctic portion of Alaska be omitted from the calculation ; it is more than three-fourths of all Europe : it is about twenty-five times as large as either the United Kingdom, Norway, Austria or the Transvaal. It is, in fact, more than one-fourth of the whole area of the British Empire, and is habitable in every part. ^ Description The physical features of Australia are remarkable in several respects. In no other country in the world does a coastal line bear so small a proportion to the area of the continent, — the coastal perimeter being only equal to one mile for every 333 square miles of area. ' Australia is also peculiar among continents, in that it ^ The area of the mainland is distributed between the States as follows : — State Area in square miles Capital New South Wales 310.372 Sydney Victoria 87,884 Melbourne Queensland 670,500 Brisbane South AustraUa (total) 903.690 Adelaide ,, (Northern Territory) (523,620) (Port Darwin) „ (proper) (380.070) Western Australia 975,920) Perth * The central portion of the continent used to be regarded as a desert. Later knowledge, however, has caused a considerable modification of this idea ; and much of the so-called " desert " is now occupied for pastoral purposes. ' Europe has only seventy-five square miles of area to each mile of coast-line. England and Wales have only twenty-five. 2 AN INVERTED SAUCER possesses neither mountains, within reach, above the level of perpetual snow, nor active volcanoes. Another peculiar feature is the absence of any rivers connecting the coast-line with the interior. Lakes of any size or permanence are also lacking. The general appearance of the continent may be likened to an inverted saucer. The rim of the saucer is a rich belt of alluvial soil, well watered by rivers and of great fertility. Its average width is, approximately, forty miles. This belt is quite plainly marked along the eastern side of the continent and on the southern coast-Hne of Victoria. It becomes broken along Spencer's Gulf, and is replaced by sand- hills on the margin of the Great Australian Bight. It reappears as the western coast of the continent is reached, and runs, with some interruptions, towards the north. On turning towards the east and following the Northern Territory, the coast-line is again fringed with a level belt, which has markedly different features from the plateau of the interior. Above this level rim and forming (as it were), the circular ridge of the inverted saucer, is the Great Dividing Range, This runs in an unbroken chain from Cape York, which is the northern- most point of the east coast, to the boundary of Victoria and South Australia on the southern coast. The same range can be traced, over Torres Strait, into the island of New Guinea, and, over Bass' Strait, into Tasmania. On reaching South Australia its continuity is broken ; but it reappears in Western Australia. It does not run along the northern coast. The greatest elevation of the range, — which is at no place more than 250 miles from the sea at its furthest edge, — is in the Australian Alps, 1 at the confines of Victoria and New South Wales, 1 It illustrates the variety of the Australian climate that, in the district of Monaro in New South Wales, where these mountains are situated, the mails are delivered during six months of the year by men on snow shoes. Crown Lands in that district are leased on what are called " snow leases." 3 THE COMMONWEALTH OF AUSTRALIA where Mount Kosciusko attains a height of 7,300 feet. The seaward slope of the range is sharp and precipitous, and often presents very bold escarpments. The chasms of the Blue Mountains, in New South Wales, and the falls in the Barron Ranges, in Queensland, are known throughout the world for their imposing grandeur. On the western side the descent is gradual, until, in the country above Spencer's Gulf, the plain is not above the sea level. There is another gradual rise towards the coastal ranges of Western Australia. This great central plain, which forms the bottom of the inverted saucer, is the most distinctive feature of the Australian continent. Rainfall The Dividing Range and the central plain give the key to the climatic peculiarities of Australia. The sea breezes, which strike the eastern shore, precipitate an ample rainfall on the coastal districts. In Sydney, for example, the average rainfall over a period of forty- two years was fifty inches, and along the coast of Queensland it averages from fifty to seventy inches a year. But these rain-laden winds are checked by the Dividing Range ; and while Sydney has its fifty inches of rain in a year, Milparinka, in the western district of the State, receives only nine inches. The great central plain depends for its refreshment on the monsoonal depression and the western trades. When these have strength enough to penetrate to the interior, the face of the land becomes transformed in a single night. Plains which looked as bare as a city street, become green at once with a luxuriant growth of grass and herbage, and the air becomes so tempered by moisture that these growths remain for considerable periods. Thus, although Australia is a " dry " country, the epithet may easily mislead. There is an ample rainfall in the settled districts round the coast, and, even if the 4 NAVIGABLE RIVERS settler penetrates into the interior, he will find a yearly average of twenty inches, until he reaches the great central depression, which forms at present the limit of settlement. He must not, however, expect to find running or permanent water. For one of the most curious features of Australia is that, with the exception of the Murray and its tributaries, all the rivers spring from the seaward slopes of the Dividing Range. And even the Murray system, which flows inland, although on the map it appears very important, is, for the greater part of every year, a series of water-holes. River Systems The Murray itself springs from the inland slope of the Australian Alps, in the south-eastern corner of New South Wales. For 1,250 miles the centre of its bed forms a boundary between that State and Victoria; and for 510 miles further it runs through South Australia until it enters an arm of the sea, which is known as Lake Alexandrina. ^ At Wentworth, which is 570 miles from the sea as the river runs, it is joined by the Darling — having previously received the waters of the Murrum- bidgee and the Lachlan, which drain the western part of New South Wales. The Darling-Murray has a length of 3,282 miles, so that, if it were a continuous course of water it would rank among the longest rivers in the world. It is, indeed, navigable in some seasons for stern-wheel steamers drawing barges so far as Walgett, a distance from the sea of 2,345 miles. But it requires exceptional conditions to reach this point, and it is impossible to return from it during the same season. There is regular navigation on the Murray from the sea to Wentworth ; and, in favourable seasons, boats ascend this river as far as Albury or even to Wagga-Wagga on the Murrumbidgee. ^ There are very few fresh water lakes in Austraha, and none of any size. • The term is usually applied to shallow depressions of mud and salt, which only fill with water after rain. 5 THE COMMONWEALTH OF AUSTRALIA It will be one of the works of the future to make this river system fit for navigation, by building dams, weirs and locks, and by systematic snagging. The consciousness on the part of South Australia of this certain development has given rise, as will appear later, to one of the most acute problems of Australian politics. The work, however, will be very difficult and costly, owing to the irregularity and inequality in the rainfall, and the immense area of almost level lands which this river system drains. ^ In ordinary times these western rivers run in a sluggish and almost imperceptible stream, varying in width from twenty to a hundred yards, between high banks of porous red or black soil. In summer the shallows are evaporated by the sun, and the river's course is interrupted. A heavy rainfall then fills the distant tributaries, and, if it continue, causes a connection between them and the parent river, which spreads the waters for hundreds of miles over the surrounding country. The porous soil, however, soon gives back the water it received, and the river channel, falling again to its accustomed level, carries the immense volume of water, which has fallen on a thirsty soil, wastefully into the sea. ^ The problem for Australia is to find a method of con- serving the water which falls on the dry plains, where the possible evaporation is often greater than the actual rainfall.' Besides the Murray and its tributaries, another system of water-courses drains the western ^ It is estimated by the officials of the New South Wales Water Conservation Department that not more than ten per cent, of the rainfall on the catchment area of the Darling river above Bourke (N.S.W.) discharges itself past that town. ^ " The different appearance of these rivers in a dry and wet season explains the conflicting reports of early explorers, one regarding the interior as an inland sea, the other as a desert." Official Year Book of the Commonwealth, p. 70. ' "At Coolgardie (W.A.) the evaporation was 85 inches in 1905. And at Laverton it was 140" 8 inches or nearly 12 feet." Official Year Book of the Commonwealth, p. 118. 6 THE WATER SUPPLY districts. This comprises the so-called " rivers " which are absorbed by Lake Eyre in South Australia. Like the rivers in the Murray system, these run in wet weather, but for the greater part of the year they are only a suc- cession of ponds. These soakages, however, provide water for stock. Artesian Water Fortunately, the inhabitants of the dry districts are not entirely dependent on the rivers for their water supply. Much has been done by private persons by sinking underground tanks, which are protected from the wind and the direct rays of the sun, and by tree- planting, to store and conserve water, and the State Governments provide tanks at all convenient stopping places on the main stock-routes. But the greatest source of supply since 1879 has been artesian borings. It was discovered that a water-bearing stratum under- lies nearly the whole of the gentle slope which falls from the inland side of the Dividing Range to the great central depression, and that this can be tapped by bores at varying depths from 150 to 5,000 feet. Most authori- ties hold that this supply is drawn from underground rivers, and is therefore inexhaustible. Professor Gregory, however, takes ^ the view that the bores are only draining underground chambers or caverns of limited contents. Certainly, while it has not yet been shown that any two bores are drawing from the same river, neither is there any perceptible diminution in the supply. The worst that has happened is that the water is so charged with soda in various forms that it becomes useless for irriga- tion purposes. When drawn at a distance from the central depression of the continent it is excellent for drinking, but it gets more salt as it approaches the desert fringe, until it becomes unfit for domestic uses. Thus, * See Stanford's Compendium of Geography. — " Australasia." 7 THE COMMONWEALTH OF AUSTRALIA while we need not give up hope that these hidden springs may yet make the centre of Austraha " blossom like a rose," their nature is, at present, too Uttle understood to justify confidence. Certainly artesian wells have not made up for that which is the greatest of all Australia's needs, namely, a chain of snow mountains in the interior. Owing to the actual configuration of the continent, the rainfall in its central basin must always be scanty and uncertain. The desert of California has been redeemed by water from the Rocky Mountains. Irrigation in the centre of Australia would require to be fed from the tropical rivers. This may not be impossible, but it is not a work for this generation. All that can be done at present is to store such rain as falls, and by tree- planting and other methods, conserve it from evaporation. The seaward side of the Dividing Range presents a very different picture. Numerous rivers, — deep, wide and long, — carry their fertilising waters across the sea- board rim of the saucer continent. Some of these, such as the Victoria in the North West Territory, are navi- gable for all vessels for a considerable distance ; but most of them are blocked at their entrance to the sea by bars of shifting sand, which make navigation intricate and difficult, and impossible for craft which draw more than fifteen feet. The Swan River in Western Australia, the Paramatta and Hawkesbury Rivers in New South Wales, and several of the rivers of the northern coasts are notable exceptions. A characteristic feature at the mouth of these bar-bound rivers is a lagoon of fresh water which is often only separated from the sea by a few feet of sand. Large sums of money are spent by the Government of each State in overcoming the diffi- culties of entrance to the coastal rivers by means of dredging and breakwaters, but without much success. Still, in spite of all impediments, a considerable trade has sprung up along the rivers, and between the rivers 8 FOREST LANDS and the high lands ; while the fertility of their banks is attracting a large and concentrated population, and they have already become the centre of the dairying industry. Scenery and Climate From this description of the physical features of Australia it becomes possible to form some idea of its appearance. Roughly speaking, the continent is divided into three distinct kinds of country — the forest lands of the coastal rim, the upland plains of the descending downs and the central basin of desert. The coastal districts, rich in alluvial soil, well-watered by rivers, and with ample rainfalls, grow a profusion of trees and vegetation. As the ground rises towards the mountain range, the timber becomes bigger and the forest more dense. On the foot-slopes, creepers, palms and ferns form a screen of luxuriant foliage, which disappears on the uplands, where the eucalyptus grows in open grassy glades, that give the landscape the appearance of a park. Great rolling downs, with frequent clumps of timber, form the beginning of the inland slope from the Dividing Range. Gradually these give place to an expanse of tree- less plain, which, at one time only carrying a sheep to ten acres, promises now to rival the wheatfields of Canada. Trees are still found by the river banks, until, as the region becomes more arid, " bushes, scrubs, and dwarf eucalyptus, with belts of pine at intervals, give place to a scant and inferior vegetation."^ The belt of good land is naturally widest towards the north, where the rivers running into the Indian Ocean drain extensive areas of good land, and is narrowest on the southern coast. In the south-west corner of the continent are extensive forests of jarrah ; and Western Australia has another great forest belt, some 350 miles in length 1 Year Book of the Commonwealth, p. 110. 9 THE COMMONWEALTH OF AUSTRALIA from 50 to 100 in breadth, which is not on the coastal side of the range, but extends eastward towards the interior. The north-western and northern districts of the continent which are not yet much known, have the characteristic scenery of the tropics, with the peculiarity that behind the coast-hne, at no greater distance than 100 miles, runs a plateau of dry and healthy pastures, which is said to be also capable of growing wheat. It will be perceived from this rapid survey of the prin- cipal physical features of an immense continent, that Australia has a great variety of climate. The eastern portion of Tasmania recalls England as much by its seasons as by the hedgerows which divide its fields. The western portion of the island, on the contrary, is a land of perpetual rain, where the forest is so dense, that the roads are built on a tangle of creepers and fallen trees thirty feet or more above the ground. Victoria, across the Straits, has less extremes of temperature than any other State ; but it is much exposed to the dry winds — hot in summer, raw in winter, — which, although health-giving, cause much discomfort. The mean tem- perature of Melbourne is 57-3°, which is 6° less than that of Sydney and 7° than that of Adelaide. The coast of New South Wales, along two-thirds of its length, resembles the Riviera in climate and the coast of Greece in colouring. The other third is sub-tropical and runs into the sugar districts before the northern boundary of the State is reached. The climate loses its humidity upon the inland side of the Dividing Range, and the great plains of the interior, though scorched by the sun for four months of the year, are like Egypt in the winter, for the remaining eight. They are a perfect sanatorium for all pulmonary complaints. ^ The magnificent district ^ Deaths from tubercular diseases have steadily decreased in proportion to the population from 1100 per thousand in 1891 to -808 per thousand in 1905. Cancer, on the other hand, has increased in about the same proportion. 10 CLIMATE AND WEATHER of the Darling Downs marks the beginning of Queensland, and affords a welcome refuge in the summer from the coastal heat. At Rockhampton the climate begins to lose all European characteristics, and, long before the summit of Cape York is reached, it is entirely tropical. Tropical characteristics continue along the northern and north-western coasts, but temperate regions begin again mid- way on the descent of the western coast. Perth, the capital of Western Australia, has the pleas- antest climate of all the State capitals. For, although its mean temperature is 63-7, yet, even in summer, it enjoys cool nights and mornings. But the best climate in Australia is to be found in the south-western corner of Western Australia, in the forest district to which reference has already been made. Very similar to the climate of this district is that of Mount Gambler in the eastern part of South Australia. Adelaide, the capital of the last mentioned State, suffers much in summer time from hot winds ; but by way of compensation it has beautiful summer quarters upon a range of cool hills within a distance of ten miles. On the whole the Austra- han climate is not severe ; and for some unexplained reason white people thrive there, even in the tropical districts. 1 As Mr. Knibbs, the Statistician of the Com- monwealth, points out (Year Book, p. 115) "the continent is less subject to extremes of weather than are regions of similar area in other parts of the globe ; and latitude for latitude, Australia is, on the whole, more temperate." ^ Accordingly, although about five-thirteenths of its whole area lies within the Tropic of Capricorn, between this portion and Tasmania there is such variety ^ Further reference to this will be found in Chapter III, p. 274, " A White Australia." • ' For example, while the isotherm for 70 Fahr. extends in South America and South Africa as far south as lat. 33, in Aus- tralia it only reaches to lat. 30. In the Northern hemisphere the same isotherm reaches as far north as 41. 11 THE COMMONWEALTH OF AUSTRALIA of climate, that an immigrant from any part of Europe will find, somewhere in Australia, a district capable of growing in abundance any product of the soil with which he was familiar in his native land. Fertility Yet the development of Australia was not rapid. A seaboard of precipitous cliffs and bar-bound inlets, and an interior of apparently waterless desert offered little attraction to the early settlers. But as the country became better known, and men learnt to understand its ways, it was perceived that Nature had indeed poured out her gifts with lavish hand upon the island continent. Limitless pastures stretched behind the coastal ranges, and the bars, when dredged, gave admittance to noble rivers ; so that the edges of the so-called " desert " receded every year before the advance of man. Then unsuspected stores of water were discovered under and above the ground ; sheep were found to thrive best upon the dry western plains : the highlands of the north, the home of the buffalo, proved equally good for cattle : minerals were discovered in the centre, until only a narrow strip of spinifex country in the heart of the continent remains to-day unused. Portions of the earth, as, for instance, Java and Sumatra, are richer than Australia ; but no area of equal dimensions contains so much wealth or in greater variety. The soil produces in abundance ; all animals improve there and produce a better stock ; it is the greatest gold-producing country in the world ; ^ silver, copper, tin, and other minerals are found there ; its coal supply is inexhaustible, and it has considerable deposits of iron, while its stores of ^ The Transvaal Colony produces now a larger annual quantity ; but Australia has a far larger gold-bearing area, most of which is undeveloped. Up to 1906 Australia had produced /474,913,047 worth of gold. 12 MINERAL WEALTH platinum and many other rare minerals are almost untouched. It is also rich in precious stones and promises to rival Africa as a producer of diamonds. Rich indeed, has been the dowry which Australia has brought to the men who wooed her boldly ! Productiveness Yet because the coastal districts are the most fertile portion of the continent, and also the most closely settled, while the great interior is comparatively and sparsely peopled, some very erroneous conclusions have been formed as to the fertility of Australia by people who do not realise the magnitude of the continent. A writer in the Melbourne magazine Life ^ — Mr. T. K. Daw — has done good service in exposing this fallacy. Referring to a statement that " Australia can never be a great country, because it is incapable of supporting a large population," Mr. Daw points out that the coastal fringe, alone, the fertility of which is universally admitted, is " much larger than all the countries of Europe put together, if we leave out Russia. There is also room," he adds, " on the maritime belt for a portion of Russia, while the whole of the interior does not make up an area one-half the size of the Czar's European dominion. To say that because some portions of the smaller interior are arid, there is not room for large populations upon a maritime territory, larger than Germany, France, Spain, Italy, Austria and the smaller populous countries of Europe, must result from something worse than ignor- ance." The map which illustrates this statement is here reproduced. The detractors of Australia have urged that the whole ^ Life, August, 1908. The author acknowledges with thanks the courtesy of Fitchett Brothers Proprietary, Limited, the publishers of Life, in permitting him to reproduce the map which appears in this section, with Mr. Daw's explanatory comments. 13 14 AREA FOR CULTIVATION of the maritime area is not good. Let it be conceded that a portion of it is bad ; it should also be remembered that portions of the interior are good. " How much is good," Mr. Daw aptly remarks, " is mainly a question of meteorology. There is no continent on which rich soil has been so widely and evenly distributed as on Australia, and consequently in this country more than any other, productiveness depends on rainfall." Aus- tralian experience shows that agriculture can be success- fully pursued in districts where the average annual rainfall is not more than twelve inches, and that fifteen inches is a sufficient fall to ensure good returns. Now, in Australia there are 827,000 square miles which enjoy a rainfall of more than twenty inches per annum, — that is to say from five to eight inches more than experience has proved to be necessary for successful agricultural settlement. Mr. Daw adopts a striking method of bringing home to readers the significance of these figures. Canada, he remarks, has claimed that " the nineteenth century was the century of the United States : the twentieth will be the century of Canada," and the claim rests upon the area of land within the Dominion suitable for cultivation. He then compares Canada with Australia in this respect. Canada, it is claimed, has 250,000,000 acres of agricultural land. The figures seem astounding. But if Australia calculated also in acres her 827,000 square miles of agricultural land, — i.e., land over which the rain- fall is more than twenty inches a year, — would become 529,000,000 acres, an area which is more than twice as large as the magnificent territory which is expected to shift London to the opposite side of the Atlantic Ocean. It wiU be observed that their calculation does not include the half-million square miles (320,000,000 acres) with a probable rainfall of from twelve to twenty inches, and leaves out of account the possibiUties of settling population in the more arid districts by paying attention to 15 THE COMMONWEALTH OF AUSTRALIA irrigation, water conservation, the storage of fodder and " dry farming " methods. Even so it is manifest that Austraha possesses to-day an area of virgin territory suitable for agriculture, greater in extent than that which is claimed either for the United States or for the sister Dominion. Account must be taken also of the fact that there are 50,000,000 acres of irrigable land \\ithin the watershed of the Murray River system, which, when supplied with water can support at least three million people. Droughts In comparing Australia with Canada the freedom of the former from frost must not be left out of account. Work can be followed in Australia all the year round, which is not the case in Canada. On the other hand, Australia is liable to droughts from which Canada is comparatively free. This disadvantage must not, how- ever, be exaggerated. Australia has never yet suffered from a general drought ; but there have always been localities, even in the settled districts, where sheep and cattle would have flourished had means of transport been available. This climatic feature gives hope for the future, and justifies the extension of railways into pastoral districts without an over cautious eye to traffic returns. Nor must it be forgotten that the rapidity with which Australia recovers from a drought is one of the most remarkable features of its soil. Even animals feel the impulse to renew their species. Ewes will drop two or more lambs at a birth and have been known to have three lambings in a year after a protracted period of dry weather. The ravages of drought and the recuperative power of the continent are strikingly illustrated by the happenings of the period 1903-1906. The first of these four years 16 A BORE THE GREAT DROUGHT marked the climax of the longest and most extensive drought ever recorded, either in the annals of Austraha or the traditions of the aborigines. It lasted, with short breaks, for six years, and affected, in turn, all the settled districts of the continent. During this period sixty million sheep and four million cattle must have died from starvation. Crops failed, and Austraha was obliged to import food-stuffs. Mining operations languished for want of water. Commerce fell off, and the spectre of unemployment stalked in every capital. Yet three years later, in 1906, Austraha reached the apex of her prosperity. In production, commerce, industry and every outward sign of material growth she excelled all previous records. Figures can only give a vague idea of these events, and yet they are necessary to accurate statement. In 1901 there were 72,040,211 sheep in the Common- wealth, of which the natural increase should have been, in an ordinary season, at least ten per cent. In the next year, however, the number fell to 53,668,347. That is to say, — reckoning the natural increase at seven milhons, which is a low computation — there perished in one year fifteen-and-a-half million sheep. The number of cattle fell in the same period from 8,493,678 to 7,067,242— a loss of nearly a milhon-and-a-half, N^thout allowing for the natural increase. The wheat production fell in the same season (1902-3) from 38,500,000 bushels to 12,300,000. Yet in the following season (1903-4) after the drought had broken, the production of this cereal rose from 12,300,000 bushels to 74,149,000, which is the highest production yet recorded. The number of sheep recovered more slowly, as the drought continued longer in the pastoral districts. But in four years (1906) the number had increased from 53,668,347 to 83,687,000. Cattle, within the same period, had risen in number from 7,067,242 (1902) to 9,349,000 (1906). As might 17 2— (2133) THE COMMONWEALTH OF AUSTRALIA have been anticipated, this vast destruction of productive forces seriously affected the marriage-rate and birth- rate. The number of births in 1901 was 102,945. It remained almost stationary in 1902 at 102,776. But in 1903, at the chmax of the drought, the births fell to 98,443. The good season of 1903-4 caused an immediate increase to 104,113, which in 1906 became 107,890. The number of marriages also fell from 27,926 in 1902 to 25,977 in 1903. During 1906 there were 30,410 mar- riages. In considering these figures, it must be remembered that this drought, though more extensive than any other in Austrahan history, was, none the less, hke all others, partial and of varying intensity. Much, also, is being done to mitigate drought by the use of ensilage, as a substitute for green fodder ; and the Government of the State of Victoria is making liberal advances to settlers for the erec- tion of silos. Since the great drought of 1903, pasturage has been too abundant to make resort to ensilage necessary. The conservation of water is another obvious method of fighting drought, but is not always effective, because grass sometimes fails before the tanks dry up. The use of ensilage in combination with water conservation will overcome this difficulty. Finally, squatters have at last learnt the danger of over-stocking, and that a run, which will carry a sheep to three acres in good seasons, will not carry one to twenty acres in a drought. For all these reasons there is good ground for beheving that precau- tions can be taken against the worst dangers of a drought, and that the suffering and loss from this cause will be less in the future. 18 CHAPTER II THE PEOPLE The Over-sea Briton — The Changed Skies — Characteristics — • City Life — Housing — Living — Amusements — Horse-racing — Other Sports — An Easy Life. The Englishman who lives in England, rarely understands the Englishman who Hves beneath the Southern Cross ; and the latter, as a rule, is equally uncompre- hending of the former. It follows that the Briton's first visit to the Commonwealth is generally a series of surprises and bewilderments. The people whom he meets are at once the same as and different from those whom he knew " at home ; " and their very likeness provokes a sense of irritation at the points of difference. Their best quahties are in antagonism. The Briton's reserve seems arrogance to the Australian, whose hearty, open manner becomes, — in excess, — perilously near to youthful self-assertiveness. But the difference between the two peoples is not only one of temperament, but also of standpoint. The Briton looks upon Australia as one of " the Colonies," — with all the suggestion of dependence and inferiority which the term " colony " implies, — while the young Australian knows it to be a growing nation and boasts accordingly. Their ideas, in consequence, move on different planes ; and, while each uses the same words, they speak in different languages. The Englishman forgets that the over-sea Briton is no longer the exiled Briton of romance, who pines for home and observes all British customs with a gentle melancholy, but is developing an entirely different type, is absorbed in new interests, and rapidly becoming conscious of a changed and larger destiny. The Austrahan, repelled by an unsympathetic manner, never guesses that with the suspicion of patronage 19 THE COMMONWEALTH OF AUSTRALIA which marks a Briton's attitude towards " Colonials," is mingled a deep-seated pride in their achievements and a genuine desire for cordial relations. There is thus a shy offensiveness on either side, which might easily become the precursor of family quarrels. Neither wishes to harm the other ; but the one is unconscious of giving offence while the other is watchful for grievances. This latent antagonism is inevitable in an age of transition, because the Colonial idea is too old to the Briton, and the national idea too new to the Australian for either easily to understand the other. For example, the ablest and most influential paper in the Commonwealth — The Sydney Bulletin — habitually caricatures John Bull as a Jewish pawnbroker, and mocks at British ways, as though they were a sign of treason towards Austraha. Yet how many home-staying Britons have a juster view of the Australian ? They admit his powers as a cricketer, a horseman and an athlete ; but they will hardly concede that he has any serious purpose in his life, save money- getting, and they harp upon his want of manners and his boastfulness. It is true that manners and culture are not the natural product of a young country ; but there is as much of either in Australia as in any English provincial town, — to which, and not to a metropolis, Australia ought to be compared. Nor can anyone, who witnessed the great contest for Australian Union between 1896 and 1900, deny that Australians can be inspired by and pursue a great ideal, at least as readily and tenaciously as Englishmen. " One people, one destiny," " A continent for a people, a people for a continent," are cries which appealed to the Australian's dominant idea of Nationahsm more than to his pocket. The Changed Skies Perhaps the root of the latent antagonism which 20 "YOUNG AUSTRALIA" undoubtedly exists between the home and the over-sea Briton, is the change which has been effected in the former by his new environment. The creature of habit and tradition is changed by emigration into a new being, who finds nothing as it was at home and has ever to be relying on his own resources in unexpected emergencies. No social usages shelter him from competition, but every man has an equal chance in the race of life. He who in England used to run between strings, in order not to jostle or be jostled, finds himself suddenly engaged in contests where everyone plays to win, and not for the mere pleasure of the game. The change has not been for the better in all points. Something has been lost, in the process, of that dignity and reserve, which comes of conscious strength, and has been replaced by the assertiveness of youth. The Australian boy who declared in London that the Presbyterian Church at Ballarat was finer than Westminster Abbey, is not entirely an imag- inary type, and the same confident ignorance finds an only too easy expression in the press and on the platform. These, however, are the faults of self-conscious youth, when shyness apes audacity, and they weigh light in the balance against the manlier virtues of comradeship, — which is the special virtue of Australians, — courage, hopefulness and honesty. In essentials, indeed, the Australian has well preserved the " ancient and inbred integrity " of the race from which he sprang. What, then, are the distinctive characteristics of the Australian people ? Characteristics It is as difficult to describe, as to " draw an indictment " against a whole people, because classes merge so imper- ceptibly one into another, that a description of any one is as far from reality as an average, and tends to carica- ture. The best class, too, — that, namely, of men and 21 THE COMMONWEALTH OF AUSTRALIA women of culture, intelligence and manners, — belongs to no country, but is recognised in all, by the same characteristics. To say that this class is less numerous in Australia than in Europe, is merely to affirm that Australia is a young country which cannot yet make use of a leisured class ; while the graces of life seldom sit easily upon men who are engaged in a perpetual struggle with the forces of physical nature. The same influences of youth and climate, which affect the standard of manners in a new country, necessarily affect also its intellectual standard. This is high in Australia as a standard for the average man, — higher, perhaps, in this respect than in any other country except France, — but it is not in any walk of hfe the highest attainable. Only great capitals, like London or Paris, where criticism is impersonal, can attract the really best in Art, Letters, Science, or the professions ; and Australia, as has been said, is more provincial than metropohtan. Thus, while Australia is a good place to be young in, whilst the stimulus of struggle lasts, a man who has arrived must resolutely test himself by outside standards, if he would not stagnate. In Literature, Art, Medicine, Law and every other pursuit, men are to be found in Australia who, under the same favourable conditions, would hold their own individually in any country ; but they are not representative and their isolation tends to make them over-confident and narrow. On the other hand, intellectual isolation encourages an originality of thought, and freedom of expression, which " clears the mind of cant " and often directs enquiry into new fields. The Brennan torpedo and the Wolseley sheep-shearing machine were both Australian inventions ; and the locus classicus for the treatment of plague in a white community is the Report of Dr. Ashburton Thompson on the outbreak at Sydney in 1901. But in spite of these instances to the contrary — and many others 22 THE TOWNSMAN might be named — there is still a tendency for the brilUant youth in any walk of life to seek his opening in the larger world of London, and for the man who has made money, to spend it in the lands where pleasure is life's business. Every development of the field of Australian industry, and every impulse to the spirit of Australian nationality, tend to check these tendencies to absenteeism and hasten the day of the Commonwealth's maturity. In the mean- time she is depending for her growth and influence not so much upon the " intellectuals," who are few in any country, and often pedants, or on the rich, who are seldom patriotic, but on the humbler folk who do their duty without self-questioning, and by their efforts move the world. And of these we must distinguish between dwellers in cities and those who live in the bush ; for nowhere is the essential difference between " urbanus " and " paganus " greater than in Australia. City Life City life is much the same in every British community. The climate may make changes in externals ; but it alters national habits very slowly. Even in the matter of clothing, all classes in Australian cities follow English fashions. The merchant goes to business, in the heat of summer, in the coat and hat which were de rigueur in the City of London ; and the artisan spurns the clean duck overall of the French ouvrier and sweats in cloth or moleskin. Nevertheless the wide distances of the Australian continent are developing different types, which, although they are not yet sufficiently distinctive to admit of precise description, are easily recognised. Speaking very roughly, and with the qualification that in every city the number of those who depart from the type is probably greater than those who conform to it, one would acclaim the husthng man of business, a mixture of Scotch shrewdness and Yankee push, instantly as 23 THE COMMONWEALTH OF AUSTRALIA from Melbourne. The easy-going sun-loving philosopher, who does his work without fuss or show and tries to get the most from hfe, would hail from Sydney, the City of laughing loveliness. Sun-girdled Queen Crowned with imperial morning, bejewelled with joy, Raimented soft like a bride, in virginal sheen. Veiled in luminous mist, blushing maidenly-coy In shyly opening dawntide of youthful-sweet beauty : — Earth, and Air, and the Heavens, and wondering Ocean salute thee. So she is described by Professor Marshall-Hall in his " Hymn to Sydney." The South Australian is of the more solid type, who sits contentedly beneath his vine and fig-tree, and rears children to overspread the earth. Western Australia has not yet emerged into a separate individuality. Its native-born population is more English in its ways and thought than any in Australia, — British Columbia and New Zealand testify that this is always so in the extremi- ties of the Empire, — but every State and nationality mix on the goldfields, and have not yet fused into a distinct amalgam. The North West is the land of the pearl-fisher, and the big-boned cattle-king ; it is a land where adventure and romance still linger, and whose secrets are unrevealed. The most independent, self- reliant and courageous of Australians is the Queenslander, who fights Nature jesting, because he knows that in a country of such wealth the tide must one day turn. He is the owner of wide areas, who faces the buffets of fortune without repining, and believes in his star and in his State, with a confidence which nothing shatters. Housing Living is extremely clean and comfortable in all the Australian capitals. Even the humblest cottages contain bathrooms, which are always equipped with a shower- bath and generally with hot as well as cold water. All 24 FOOD AND HOUSING houses also, except those in the few slums — for over- crowding and bad sanitation are evil legacies from former days both in Sydney and Melbourne — have a veranda, or, if of two stories, a balcony. Coppers for washing clothes and a drying yard are considered essentials even in the poorest homes ; while, except within the boundaries of the city proper, every house has ground for a garden. Owing to the cheap fares upon the State-owned tramways and railways, workmen, except those who are engaged in callings connected with shipping, find it easy to reside in the suburbs. Tenement houses are unknown in Australia, where English exclusiveness demands that even the poorest family should have its separate home. Rents vary from eight shillings to twelve and sixpence per week, according to the distance from town and the locality. For these prices three-roomed cottages, with kitchen, bathroom, laundry, and yard can be had, and, though they seem high by comparison with English rents, they are reasonable enough in a country where seven shillings a day is the minimum wage. It is probably true that, in spite of, — or perhaps in consequence of — the higher wages, the cost of living is not less than in England ; but the conditions of hfe are pleasanter and the number who enjoy these is greater. In ordinary seasons beef costs from sixpence and mutton from fourpence per lb., while those who do their own marketing pay even less. Fruit, which is more largely eaten in Australia, can be had for very little. Grapes, peaches, apricots, nectarines, plums, and pears, of the best quality, do not cost more, in the season, than from threepence to fourpence a pound ; while the wine- flavoured passion fruit, — most luscious of all fruits, — will grow without cultivation in any garden north of Sydney. Fish, which ought to be a staple article of diet, is plentiful but dear, owing to a bad system of distribu- tion, and tinned salmon is too often used as a substitute. 25 THE COMMONWEALTH OF AUSTRALIA Vegetables, hawked by Chinamen, can be had in great variety ; but the AustraHan housewife has not leamt to understand their value, and knows nothing of the better kinds, such as sweet capsicums, or egg-fruit {aubergine). Even the tomato, which might redeem any dish, is generally, as in America, made into sauce. Living The AustraHan " cuisine " is, indeed, the English at its very worst, because the climate is entirely unsuited to what Dr. Johnson called the " ill-killed, ill-kept, and ill-dressed meats," which, roast, grilled or boiled, are the stand-by of every meal. Poultry is served as a change ; but light dishes with rice or macaroni, omelettes, or curries with fresh seasoning, are rarely seen. The soup (if any), will probably be tinned ; — for the economy of the Frenchwoman's " stock-pot " is not yet recog- nised. The heavy food is washed down with strong tea ; and dyspepsia, in consequence, has made Australia the happiest of hunting grounds for the medical quack. Tea is the national drink throughout Australia and is much cheaper than in England. The teaching of cooking in the public schools has been a step in the right direction, and there is no lack of good cuisines in the better hotels and restaurants of Sydney and Melbourne. The working man, however, in other respects so eager for equality, — is still content with the unwholesome English food, although children would be healthier, household labours lighter and public houses emptier, if a simple system of cooking suited to the conditions of the country were generally adopted. Perhaps the cheap restaurants stand in the way of a change by offering for sixpence a substantial meal of meat, vegetables and pudding. In his beverages, as in his food, the Australian remains an Englishman — that is to say he drinks tea, beer and whiskey, when he should drink coffee and wine. The use 26 DRESS AND FASHION of wine is becoming more general, now that the removal of State tariffs has allowed the lighter wines of South Australia and Victoria to be sent without restriction throughout the Commonwealth ; but wine is not yet given in at meals in restaurants or refreshment rooms, as it is in the wine-producing countries of Europe. Coffee, which, if European experience be a guide, is a better beverage than tea for a hot climate, is seldom made to perfection in Australia. Custom demands of the Australian woman that she shall dress well, and all wearing apparel is expensive. Fortunately most Australian girls are clever needle- women, and the light materials, which suit the climate, lend themselves to simple and tasteful attire. Austra- lians, accustomed to the bright colours and pretty dresses of their countrywomen, are always struck by the dowdiness of an English crowd. Certainly Australian women have the American knack of " putting their clothes on well ; " and their tendency is rather to over than under-dress. On a Saturday morning in Sydney or Melbourne, a smart, well-dressed crowd of both sexes, may be seen strolling along the principal street. This is called " doing the block," and is a regular meeting-place for those who wish to meet their friends, to change their library books, or to talk over the latest ball at the eleven o'clock " Morning Tea," so popular in Australia. It is always daintily served at any of the numerous prettily decorated tea rooms, and is much appreciated by English visitors. The dresses worn on these occasions may seem more suited to a garden-party than to a morning saunter round the shops, but even when the colours are too bright and the materials too rich, much can be forgiven where the effect is so good. Amusements One expense, which figures in every AustraUan budget, 27 THE COMMONWEALTH OF AUSTRALIA is the item of Amusements, which form a very distinctive feature of AustraUan hfe. Nothing is a surer test of national character. Austrahan amusements, as might have been expected, are chiefly in the open air ; and the home, in consequence, plays a less part in the formation of character than in a country where, owing to the climate, fire-side games are the chief recreation of a family. Picnics are the delight of both old and young, picnics on the water, picnics by rail, picnics on horseback, — it is always a picnic which celebrates a festival — and festivals are numerous in Australia, where Ministries are always ready to proclaim a public holiday on pressure by the local Member.^ Sundays, too, are fete days along the eastern coast, when the harbours are white with sails and camp-fires smoke in every cove. The picnickers have possibly attended an early service in church or chapel, but they are not, on that account, afflicted by any scruples against pleasure on Sunday. In Melbourne, where the Scotch element prevails, Sunday is still a day of gloom. But water — as London has learnt from the Thames — is always a solvent of Sabbatar- ianism, and Sydney, thanks to her harbour, has never suffered from the dour Scotch Sabbath. And yet it does not appear to be a less rehgious city than its southern rival. Horse Racing But not all Australians five near the sea ; and unquestionably the chief amusement of Australia is horse-racing. It has been said that the first care of the surveyor of an Australian town-site is to mark out the cemetery ; the second to plan a race-course. Certainly in no other country is racing so popular, or of such absorbing interest. This is partly due to the influence of ^ In one bush town in New South Wales a half-hohday was declared to celebrate the remarkable occasion of a fall of snow. 28 THE RACE COURSE fashion, and partly to the gambhng spirit of the Austrahan people. Fashion dictates that twice a year, in spring and autumn, Australian women shall display their dresses on a metropolitan race-course, and betting draws the crowds, for whose comfort Australian courses are specially prepared. Thousands, too, who never attend a race-meeting, follow the doings of a horse with unwholesome interest ; for the large prizes offered by the " Consultation Sweeps," — which have been as high as £60,000 and vary from £5,000 to £20,000,— have infected all classes in Australia with the gambling disease. A " Consultation " is a lottery upon the result of a horse- race, which depends for its success upon the popular confidence in the honesty of its promoter. The price of a ticket varies from five shillings to one pound, and ten per cent, of the subscriptions are retained by the promoter. The balance is divided in money between those who have drawn a " starter " and those who draw the first three winners. Drawers of a starting horse generally get a fixed sum, which may be as high as £100. The winners' receipts may depend on whether the Con- sultation " filled," i.e., whether the subscriptions were sufficient to allow the advertised prizes to be given. It is hardly possible to over-estimate the mischief of these " Consultations." Viewed as a mere waste of money they, and the betting system which they encourage, divert a sum of at least forty milhon pounds from the channels of productive industry, while the moral injury which they inflict is hardly calculable. The chance of making fortunes without work is an irresistible tempta- tion. Clerks and shop-girls will stint themselves of food and office-boys pilfer the stamps to buy a ticket or a share in one of these lotteries. The writer, after an experience of twenty-five years at the Bar of New South Wales, and having been Attorney-General — who in that State is also the Grand Jury — for six years, does not hesitate to 29 THE COMMONWEALTH OF AUSTRALIA afiirm that nine-tenths of the embezzlements and forgeries and breaches of trust, which come before the Austrahan courts, are directly due to horse-racing and its concomitants. ^ The Commonwealth has done its best to put down the evil, by refusing to carry postal matter in connection with a " sweep." Tasmania, however, in the exercise of her State rights and in defiance of the Commonwealth, has established the head-quarters of this iniquity in Hobart under Govern- ment sanction, and thus draws a considerable revenue from the national vice. The infatuation of Australians for gambling upon horses is the more remarkable, because no one for a moment pretends that racing in Australia is an honest sport. Owners frankly declare that they run horses for the money they can make, without regard to the public ; and even, when an owner races out of sports- manship, the trainer or the jockey may go " crooked." And, as one Australian writer euphemistically puts it, " incidents take place at some of the minor meetings that would not for one moment be tolerated by the Enghsh Jockey Club.^ Praise, however, must be given to the arrangements on the principal Australian courses, for the comfort and convenience of the public. Prices of admission are low, and entitle the visitor to many privileges. Terraced hills give every spectator an unimpeded view, and the stands contain all the conveniences of a good club. Friends from all parts of Australia meet each other on " the Lawn " at Flemington on the day of the Melbourne Cup, — which is also the social carnival of the Australian 1 Mr. Frank Bullen, in his " Advance Australia," calls the "abandonment of the Australians tosport," a " paralysing mania, which pervades every class, and takes precedence of business, of religion, of morality, and is responsible for a host of minor evils." " " Australian Life in Town and Country," by E. C. Buley. 30 CRICKET world. No pains are spared to beautify the scene. The gardens are gay with flowers, trelhsed arbours give a welcome shade to many luncheon parties, and in the stand there is even a corps of ladies' maids, engaged by the Club, to provide all the smaller requisites of the female toilette free of charge. Equal attention is paid to the facihties for following a race. The notice boards are visible from every comer, the whole course is always in view, and the horses carry their respective numbers in large figures on the saddle-cloth. It is not surprising that as many as 120,000 persons assemble on the course on Cup-Day. Indeed, many people who would not attend any other race meeting find their way to Flemington on that occasion. In South Australia and Tasmania an attempt has been made to stop betting by the legislation of the " totahsator." This has the good effect of reducing the temptation to crooked running ; but, until it is uni- versally adopted and the sweeps effectually put down, it will not touch the heart of the evil. Other Sports Cricket, of course, is, above aU others, the Australian game, as every reader of an English paper knows. The matches are watched with interest by crowds, and the newspapers have devised the ingenious plan of recording each run and incident of the game by mechanical devices on notice boards outside their offices. On the occasion of an international or inter-state match the streets will be blocked for hours by crowds, who by these means foUow and criticise every feature of the game. Anything that breaks the isolation of AustraUa is to her advantage, and therefore her cricketers must be counted among those who have rendered her essential service. 31 THE COMMONWEALTH OF AUSTRALIA In Victoria and South Australia a peculiar game of football, which is declared by its players to be superior to all other forms of the game, but which an outsider seldom appreciates, arouses enormous enthusiasm and is extremely popular. In New South Wales and Queensland the game is Rugby. The sports of the wealthier classes are golf, yachting and motoring, in the practice of which there is nothing distinctively Australian. Small-boat sailing in Sydney Harbour does, however, require special notice. Probably nowhere in the world are little boats more skilfully handled. Fourteen foot dinghies carry so big a sail, that the boat capsizes from the mere weight of the mast, if the crew get out. Yet these little boats, each with a centre-board, and all the canvas of a racing yacht, will carry a crew of six in lumpy water. The crew, of course, act as live ballast, and lean out against the wind to keep the boat afloat. Nothing prettier than a regatta of these midgets could be imagined. As a rule they are owned and raced by boys or men in partnership, and this division of expense opens the sport to the poorest. The larger boats on the same model, and run on the same lines, go up to twenty-seven feet and are half-decked. Above this size come the half-raters and others which are the pastime of a wealthier class. Game is not abundant in Australia, though the turkey bustard of the plains, the wonga pigeon, and the wild duck are highly prized for eating. In some seasons there is an abundance of quail, and flight shooting can be had in summer on the Gippsland lakes ; but, taken as a whole, the continent offers Uttle attraction to the sportsman. AU classes, rich and poor, share in the amusement of the theatre, to which the highest price of admission is only five shillings. Australians, indeed, are insatiable theatre- goers, and they have seen so many excellent visiting 32 THE ROAD TO SUCCESS companies that their taste is extremely good, and their love for good music is well known. An Easy Life The above description of some of the more distinctive features of urban life in Australia, though necessarily brief and general, has been sufficient to explain and justify the well-known saying that Austraha is " The Paradise of the Working Man," in respect at any rate of his social conditions. Certainly no man who has to work for his living, whatever his position in life, works anywhere under pleasanter conditions than in an Australian city ; and the position of artisans in this respect is particularly favourable. Of course men fail in Australia, as they fail everywhere, but the failures are fewer and more deserved. Work is there for every hale man, but not everyone has what, in the provincial speech of England, is called " gumption," which is a quality essential to success in a young country. Yet immigrants who — con- trary to a popular belief — are very welcome in Australia, could not try their fortune in a land of better promise. Their material prospects are at once improved, and, what is better, they can become masters of their own future. For no man is hindered from advancement in Australia by barriers of class distinctions. Commerce, the professions and politics are an open field to all, and there is literally no position in the Commonwealth, to which a man of enterprise and character may not attain. It has been truly said ^ that " The Australian workman fully appreciates these possibilities and the absence of class distinction which they imply, and shows appre- ciation by an independence of conduct which is very noticeable. It cannot justly be said that this indepen- dence is allied to any discourtesy of bearing, but he knows ^ " Australian Life in Town and Country," by E, C. Buley, p. 83. 33 3— (2133) THE COMMONWEALTH OF AUSTRALIA his own value, and is also fully alive to the importance of the political power he wields." ^ The attraction of Australia is equally great in other walks of life. In no other English-speaking country is there less of the snobbery of dollar-worship. No one is thought worse of for his want of means, provided that his poverty does not affront the proprieties. Nowhere else, indeed, does poverty less cut off the young people of a family from social pleasures ; while economies are not the dreary series of privations which they are apt to be in an English town. The penny tram will take a girl to Government House as safely as a hansom cab, and almost as quickly. The necessaries of life may be dear to buy, but so much is thrown in for nothing that young couples, who are brave enough to begin life on a small income, do not command pity in Australia. And it must be admitted that Australians are not a saving people. To put by only in a policy of insurance and save a minimum of cash for an emergency would seem ^ The omission of the formal signs of respectful greeting do not imply intentional discourtesy. It is said, and possibly with some degree of truth, that a young farmer, who from real soldierly keenness had volunteered for the African War, passed the General commanding his district without a salute, both being in uniform. It happened that the officer was a household word for his use of vigorous language, an accomplishment in which the Australian is an expert. He was also a first-rate soldier ; and therefore doubly dear to the young Australian. The General's A.D.C., shocked at this breach of discipline, brought the offender to his General with the following result : " Do you know who I am, Sir ? " — •" No," drawled the Australian, " Who are you ? " — " Why, Sir, I am General Blank, commanding this District ! " — " General Blank," exclaimed the boy, putting his hand promptly to the salute, " My word. Sir, I've often heard of you. My name is Corporal S., of the Contingent. I am proud to meet you. Sir," and he held out his hand. According to the story the General took it, and made the Corporal his galloper, with the happiest results. The failure of some British officers to understand a bearing of this kind caused a few unpleasant- nesses during the War. On the other hand, those leaders who did understand these men, never had better followers. 34 THE REMITTANCE MAN to the thrifty Scotch or EngHsh housewife a threatening of the workhouse. But the Austrahan hves gaily in the sunshine, puts by in insurance more than he can afford, spends his income and gambles his savings on the race- course or a mining venture. If he loses, he has no more to spend ; but if, as often happens, he " makes a bit," his wife has more jewellery or he gives more dinners ; while, if the " punch " be very good, he moves into a larger house. It seems a careless, reckless life, but there is some philosophy beneath it all, and the men who lead it can face misfortune, when misfortune comes, as bravely as most others. Let no one, however, imagine that those who have shown these same qualities in England are likely to make good immigrants. Usually they are proof to the contrary. For no place is more fatal than Australia to the English ne'er-do-weel of decent birth. The very virtues of the country aggravate his faults and weak- nesses. He is wholly unsuited to manual work, — the only kind which he might obtain easily, — and after the briefest of struggles becomes a loafer in the city, where he is the most despised of outcasts, living on remittances from England — (hence the term " remittance man ") — and useless in any capacity. The only salvation for men who have " gone under " in Great Britain would be the severance of all connection with their former life, and the acceptance of employment in the bush, — and this such men have neither the will-power to attempt nor the courage to endure. Those who would see to what depth of degradation English failures can reach in Aus- tralia, should read the chapter in the "Wrecker " in which Stevenson describes a night in the Sydney Domain. 35 CHAPTER III THE BUSH A Country Life — Characteristics of Bush Life — Isolation — The Sundowner — The Squatter — The Cattle-run — The Planter — The Selector — The Country Towns. " The experience of all mankind declares," says Froude, in the opening chapter of " Oceana," " that a race of men, sound in soul and limb, can be bred and reared only in the exercise of plough and spade in the free air, with country enjoyment and amusements,— never amidst foul drains and smoke-blacks and the eternal clank of machinery." Had Froude added " high skies and wide expanses" to his list of beneficial forces he would have named the most potent influences in the development of the Austra- lian type. City life does not give to character the same sharp outlines as do the direct influence of soil and climate. It is, therefore, to the country that we must look for the true Australian, the result of a century of growth. Certainly there is something enveloping and formative in the conditions of bush life, which tends in a very short period to make a distinctly Australian type. " Whether the rural resident," says Sir Gilbert Parker, ^ " is an Englishman or an Australian by birth, by the time he has lived ten years in the country he becomes Australian, as distinct from any other nationahty. The Irishman gains direction and industrial confidence ; the Scots- man, adaptabiUty and warmth ; the Englishman leaves off his insularity and puts on elasticity ; and the Australian is slowly evolved." 2 ^ " Round the Compass in Australia," by Gilbert Parker. London : Hutchinson & Co., 1892. A revised edition of this book is much to be desired. 2 A jesting Australian saying is that " The Irishman owns the land : the Scotchman has all the good billets : and the Englishman does all the work." 36 "A SPLENDID ENERGY" Characteristics of Bush Life Large-heartedness is the most marked characteristic of the type. Men who watch the stars sparkhng in a violet sky, and all day fight Nature face to face, are too near to the essential facts of life to be mean-spirited. Like the Arab or the sailor, the bushman is hospitable, sincere and loyal ; but unlike these, he is also suspicious and a little sceptical. Merit must be proved in his pre- sence before he accepts it on anyone else's valuation ; and yet he is shy rather than self-confident ; although he often affects self-confidence to conceal shyness. Once, however, let his trust be given and he knows no half- measures in his appreciation and generosity. " Com- radeship " is his characteristic virtue : Mr. Buley, indeed, considers that the social code of the bush is summed up in the brief sentence of Mr. Henry Lawson : — " Drunk or sober, mad or sane, good or bad, it isn't bush religion to desert a mate in a hole." The occasions for sharing comradeship are frequent enough in the Australian bush, where droughts, floods, pests and other unexpected troubles call for immediate action, and good seasons and social gatherings bring together a whole neighbourhood to share in friendly congratulations. The hospitality of the bush is, of course, proverbial. Everybody is hospitable in the heart of Australia ; it is only the nature of the kindness which differs, according to the means of those who proffer it. Entergy is another marked feature of the Australian character — " a splendid energy," Sir Gilbert Parker calls it, "a faith in the possibilities of the country : a persistency behind the pessimism that comes with drought, flood, and mining and land booms." The rest of the passage is equally happy. " Coupled with this energy are self-confidence, freshness, aggressive assertion, and generous warmth. Because these have always been difficult questions to face : because 37 ^-- -i o «/ t) ,7 THE COMMONWEALTH OF AUSTRALIA development has come by leaps and bounds : and because there have been struggles between class and class, there has been produced an upstanding race of men, irascible yet hospitable : strenuous and stalwart yet not robustious : explosive yet not troublesome : uncompromising yet generous : hardy, honest and true. That is the true Australian. . . A curious restlessness also marks his character, due to the vicissitudes of his life and to the speculative spirit of the country. . . It is to this type of restlessness, energy and daring that Australians, by birth and adoption, converge." Isolation Bush life makes a severe demand upon moral as well as physical endurance. The struggle with fatigue is, indeed, the least of the bushman's difficulties, the greater of which comes from his isolation. The mind moves slowly when speech is infrequent ; and the taciturnity of bushmen is proverbial. Some develop a positive incapacity to live in society, and pass their time entirely alone. Such persons are called hatters in bush parlance ; and the typical story of their characteristics is told in many forms throughout Australia. Two hatters, it is said, met on a worked out goldlield where each intended to fossick. To save labour they occupied the same tent, one working by day, the other by night so that they might never be in company. One morning hatter Bill asked hatter Jim, as he passed him on his way back from work, " Who won the battle of Sedan ? " and was told " The French." Leaving camp next morning Bill said to Jim " 'Twasn't, 'twas the Germans," and on his return found the tent empty, with a note from Jim pinned to the fly, that he couldn't stay in a camp " where there was so much . . . argument ! " The temptation to a bushman to " break-out " becomes sometimes irresistible ; and the steadiest workman, 38 ON THE ROAD maddened by his solitude, will at times ride to the nearest shanty, hand his cheque to its keeper and drink himself insensible. When he is permitted to recover consciousness he may find himself a mile or two upon his homeward track with a bottle of so-called whiskey, and a few shillings of change from the cheque, which he has just " knocked down." The native-born seems better able to endure the sohtude of the bush than the European. Drunkenness is not a vice of the Australian born. The Sundowner The large-hearted hospitality of the bush called into existence a class of professional vagabonds, called " Sun- downers," because they timed their arrival at a station at sundown, when they knew it was too late to send them further on the track, and that by the laws of the bush they must be given " tucker " and a lodging. This class is dying out before the advent of railways ; but .until recently they were in certain districts a serious tax upon the hospitality of station-owners. These swagmen who " humped Matilda " {i.e., carried their blue blanket) and went upon the wallaby {i.e., on the road), were seldom unintelligent and often philosophers. They accepted idleness as a divine command, and pursued their object of avoiding work, if not always with success, yet with imperturbable good humour. They were pro- fessionals, who must not be confounded with the genuine bush-worker who, on foot, bicycle or horseback, passes from station to station seeking for a job, and whose needs also must be supplied if he run short of food. It speaks well for the good relations which exist between people in the bush that this unwritten law of hospitality is seldom abused. The Squatter The squatter is at the apex of the social pyramid 39 THE COMMONWEALTH OF AUSTRALIA of the Australian bush. As a rule he lives on his run in all seasons with his family about him, and so becomes a centre of social activities. Some squatters live in the cities and work their runs through managers, whose tie with the district is naturaUy less close ; while other runs are in the occupation of Banks and Mortgage Companies who only desire to sell at a profit and have no interest in the district. The squatter who lives on his run has never been better described, if allowances be made for differences between the country life of to-day and that of fifty years ago, than by Henry Kingsley in the fine novel of "Geoffrey Hamlyn," and the novels of Mrs. Campbell Praed give vivid pictures of modern life on a station. The elegance and luxury of a station home- stead is always a surprise to English visitors, who ought, however, to remember that the English country gentle- man has only changed his skies in coming to Australia. Here is a vignette by Mr. Buley's pen, which no apology is needed for reproducing : — " The homestead is a substantial house of stone, built after the fashion of a bungalow, with only one storey, and a broad verandah running round three sides of it. Grape vines and passion-flower shade the verandah, and the front of the house looks over a spacious garden and orchard, with a thick hedge of quince trees. On the verandah are easy chairs and lounges. , , . The windows run down to the floor ; the doorway is wide and inviting, and opens to a spacious cool-tiled hall. On one side is the drawing- room ... on the other a dining-room . . . behind is a cheerful morning-room. Bedrooms cool and airy, open on the wide verandah ... in a group of detached buildings are the bachelors' quarters and the schoolroom, which also serves as a concert-hall and a chapel. One side of the verandah overlooks a large lake of fresh water, formed by damming the 40 STATION LIFE course of one of the boundary streams. Flocks of wild swan and ducks feed in it undisturbed, and even shyer water-fowl, such as the ibis and pehcan, may often be observed upon it. From this lake an ingen- iously contrived windmill raises water to the level of an elevated platform, on which, protected by a roof of thick wooden shingles, are a number of iron tanks. From this reservoir pipes conduct the water throughout the house and garden. From the other side of the house may be seen the wool-shed, a long building of wood with a galvanised iron roof. . . A ride round the run reveals signs of careful manage- ment. Each paddock ^ contains its flocks of carefully graded sheep : in one are wethers of a certain age and in another ewes. The stud flock occupies a domain of its own, and there is a special paddock for the horses and another for the cows. On the flats near the creek a heavy crop of the forage plant Alfalfa is being grown under irrigation. It will presently be cut and converted into ensilage as a precaution against drought. ... A day's hard work in the saddle ends with a refreshing shower bath and a pleasant family dinner. Sometimes a neighbour drops in, and after dinner the men smoke on the cool broad verandah in the pleasant dusk. The wind sighs through the big she-oaks, and from the belt of tall gum-trees by the creeks comes the doleful note of the mopoke. Great flying foxes flap silently down to the peach trees in the orchard, and tiny bats wheel and turn in the clear air, hawking the plentiful insects. One by one the stars come out until the violet sky blazes with them. Across the lake the curlews are waiting, but in the drawing-room the lamps are lit." Attractive and true as this picture is, it is not ^ A paddock may be several square miles in area. 41 THE COMMONWEALTH OF AUSTRALIA calculated to excite enthusiasm among Australians. Great sheep-runs, such as the one described, abound not only in the Darling district, which is appropriate to such uses, but in the richer coastal and central districts, where the land is suitable for cultivation. A sheep-run in such places is a hindrance to national growth ; because it gives employment to so little labour. It is estimated that on a well-managed station only one man is employed for every 7,500 sheep ; and the carrying capacity of a run is from one hundred thousand to a million sheep. The occasional work of a station gives irregular employ- ment for fencing, damming and the construction of wells and tanks ; but this is generally let to contractors. Shearing also employs large numbers. In earlier days this occasional and periodic work helped the smaller settlers near the run to earn money ; and this is still the case to some extent. The present tendency, however, is to do all bush work by contract. Even shearing can be let out upon this system, owing to the variations in climate, which permit a gang to begin their operations in Queensland and follow the season southward. This weakening of the personal relations which previously existed in the bush between employer and employed, is partly responsible for the growth of the Bush- Workers' Union and its uncompromising attitude towards the pastorahsts. The remedy is to be found in closer settlement and by the creation of small holdings. The Cattle Runs The squatter is a pastoralist who flourishes in the south and west where natural grasses or salt bush are favourable to sheep. Towards the north and west, and, generally in the more unsettled districts " cattle is king," and cattle-raising takes the place of wool-growing. Gradually, however, sheep are encroaching upon cattle, and cattle-stations are pushed further back towards 42 THE CATTLE MUSTER the tablelands of the North West. The conditions of life become then very hard. Population is very scattered, and the cost of transport is too high to permit of many luxuries. Two or three stockmen, aided by a score or so of blacks, will do all the work of a station under the superintendence of a manager, and life is one long round of hardships and danger ; for the " looniness " of bullocks is proverbial, and no one can account for the lunatic impulses to which a mob of them is subject. The runs are often five thousand square miles in extent and, of course, not fenced. Mustering the cattle is therefore always an important and ever critical event upon a cattle-station. Mr. Buley gives a spirited description of the scene. " First," he writes, " comes the driving of the various mobs to the ' camp,' a work accomplished with as little whip-cracking and flurry as possible, for the object in view is to prevent the animals be- coming excited or unmanageable. When the cattle are all collected the work of ' cutting-out ' begins. The cattle are packed together, some of them wild with fear, and disturbing the others by their bellowing and sidelong thrusting of the horns. Into the mob rides the stockman, intent on separating from it some particular animal he has picked out. The well-trained horse forces his way through the cattle, obedient to every touch of knee and rein. Soon he has grasped the master's purpose, and begins to edge the beast singled out towards the outside of the throng. It is dangerous work, but man and horse have confidence in each other and both are alert and watchful." After the cutting-out is done the mobs are sorted out and counted and the " clean skins " branded. Then, if the seasons hold out hope of grass and water on the travelling routes, the surplus stock will be put in charge 43 THE COMMONWEALTH OF AUSTRALIA of some experienced drover for their three months' journey to the seaboard market. This hfe has great attractions, but demands patience and iron nerve of all who follow it ; for bullocks are the most unmanageable beasts and are given to stampeding at night without warning, to the imminent risk of man and horse. The only hope of checking a stampede is to get ahead of the mob by forcing through the press and turning it by the lash of the stock-whip. The perils of such an attempt are obvious, but they are part of a drover's regular task. Transport in the arid interior is by camel team, which has largely supplanted bullocks in the Never-Never country and from mining districts of Western Australia. The drivers are Afghans, and feuds between them and the Australian teamster often break into open violence if they venture into the outskirts of the more settled districts. In the arid interior, however, they have become indis- pensable, owing to the white man's inability at present to understand camel nature. , It may be that these alien drivers will be displaced in time, but their ship of the desert has come to stay. The Planter Along the Queensland coast the squatter is replaced by the sugar-planter, who, until the Commonwealth compelled their deportation, worked his plantations by indentured Polynesian labourers. The problem of his economic position, which will be considered in the chapter on the policy of a White Austraha, is not yet solved ; but at present his traditional state is one of prosperity and the realisation of his gloomy forecasts is postponed. He is the aristocrat of the North as the squatter is of the South : — and is probably, as Sir Gilbert Parker calls him, " the most forceful " of the Austrahans. Certainly he is less conventional and lives in regard to dress, food, 44 ' \t y:i^y; : THE PIONEER and buildings, in a sensible fashion according to the dictates of a semi-tropical climate. The differences between North and South in Australia threaten to become as marked as in the United States, and will always be considerable. The deportation of the Kanakas and the rigid adherence to the White Austraha pohcy, while it may for a time retard the development of the northern portion of the continent, has probably saved Australia from a civil conflict, which, in its way, would have been as destructive and perilous as the War of Secession by the Confederate States. The Selector The term selector, which was first applied to those who selected land in New South Wales under the Crown Lands Act of 1861, is become a generic term for the small settler, except in the State of Victoria, where the appro- priate term of farmer is in general use. For the selector outside of Victoria does not confine himself to farming, but also keeps sheep or dairy cattle, and in the western districts of New South Wales and Queensland is exclu- sively a sheep-man, — proving thus the possibility of making sheep pay on a small holding, which at one time was denied. The selector is the classical type of Austra- lian literature ; and his sohtude and disappointments have been told and sung so often, that it becomes difficult to realise that in most parts of the continent he is a prosperous and contented man. In the West, it is true, he has suffered hardships, which too often make the existence of his wife and daughters a sombre tragedy. For the sufferings of a pioneer's hfe fall more heavily upon the women than the men. The man has the fierce joy of his daily contests with Nature ; the woman, alone in the make-shift home of logs and iron, strives silently, but with ever lessening confidence, to maintain the accustomed seemlinesses of domestic hfe. The struggle is 45 THE COMMONWEALTH OF AUSTRALIA too often fruitless ; but the honour is to those who persevere — and they are found in every district of Austraha, raising up brave sons and daughters and enduring patiently their share of toil. Such women are the unnamed heroines of Australian history. The selector prospers best upon the coastal districts of New South Wales, which have recently become the principal seat of the dairying industry. The use of separators and the establishment of butter factories and creameries has brought independence and even fortune to many hundreds of men, who had no money fifteen years ago. In the central districts of the same State will be found many men who owe their position as large land- owners to the selection first taken by their parent or themselves under the Act of 1861. But as will be seen in a later chapter, this Act did not do all that was expected of it, and many selectors have been glad to sell their holdings to the squatter, as soon as the legal term of residence has been completed. Selection in the western districts has not been a success. It happened that the discovery that the western plains were suitable for wheat-growing was made contem- poraneously with the beginning of the Great Drought. Many men were in consequence ruined, and much land was thrown back upon the Crown. A few men with capital pulled through and it now seems probable, after the experience of the last few years, that men who work themselves and carry on mixed farming will yet be able to make a living in the West, even on so small an area as 2,560 acres. Selection in Queensland is usually in large areas for grazing purposes. The Country Town The old saying : " God made the country : man made the town," has been amended by the cynical addition " and the devil made the country town." It is there 46 THE COUNTRY POLICEMEN that in Australia bush and city meet. They are built on the same type ; straight, unlovely streets, lined with pepper trees, and fronting wooden houses with galvanised iron roofs. There are always two and generally four public-houses at each corner. A lock-up, two Churches, a few banks and possibly a convent make up the rest of the town. All who can, live a few miles out, and occupy themselves with some country pursuit, visiting the town as seldom as possible. The selector comes for his mail on Saturday nights and the squatter drives in to Petty Sessions. When the Courts come round, either the District or Supreme, the little place becomes alive. At other times, unless someone happens to " go on the spree," the place is quiet and dull. Yet in all these towns there live one or two men who freely give themselves up to its advancement. Naturally this breeds local jealousies and feuds ; but these are not serious, and self- sacrifice and patriotism meet with their reward in public esteem. Perhaps the best and most useful work in Australia is now being done in these unpromising sur- roundings. Where there is a Municipal or District Council, opportunity is offered for exercising wider influ- ence, but it is questionable if this is more serviceable or better regarded than the unofficial influence of the leading citizen in a country town. The temptations to youth in such places are very great ; and banks and other institutions seldom leave unmarried clerks exposed to them for any lengthened period. Two classes who figure largely in country life, both in towns and in the bush, are the policeman and the civil servant. The policeman in the back-blocks is not only the emblem of law and authority, but he generally holds all the Government offices of the district, except that of Police Magistrate. He may be Registrar of Births, Deaths and Marriages, Clerk of Petty Sessions, Crown Lands Agent, Deputy Warden of the Mines Court, Inspector 47 THE COMMONWEALTH OF AUSTRALIA of Weights and Measures, Forest Ranger, and have thrown upon him, in addition, every other unconsidered trifle of Government service. If, as is frequently the case, he is a man of good breeding, tact and education, he becomes a Deus ex machina to all the neighbourhood. Above him in rank, but further removed from the people is the Inspector of Police, who with the Police Magistrate, the Chairman of the Land Board, and the head of the District Land Office, represents to the county elector the majesty of the State Government. Sir Gilbert Parker gives the following life-like picture of an Australian country town : — ^ " They [the country towns] are the centres of a peculiar life — of the variations in the Australian type. The squatter drives in from his station to attend a meeting of the Local Land Board, or to post the editor of the local newspaper on a new phase of the land, or rabbit, question ; the homestead lessee, with more modest turn-out, rattles in (all people in the back-blocks drive fast) for his month's stock of tea, sugar, and tobacco ; — the great neces- sities of the far west ; the selector comes swinging down the red-sand streets, where even the gum- tree finds no home, and the imported pepper-tree struggles for life, to seek some favour of the agents of a far-off Government ; the shearer, on a " brombie " which he has bought for a couple of pounds, shuffles up to the public to knock down his cheque ; the sundowner, with his swag on his back, posts through to the nearest station ; the stock-rider, " sitting loosely in the saddle all the while," gallops in for a change as he travels his cattle to the south ; a daughter of the plains rides swiftly to the post-office for the weekly mail ; a mounted policeman in his blue coat and grey breeches, spurred and armed, becomes a * " Round the Compass in Australia," p. 94. 48 CONVIVIAL CUSTOMS welcome guest at the chief hotel ; the local justices of the peace meet in conclave, full of desire for ready justice, and maybe innocent of law ; the Inspector of Tanks meets his enemy, the Superintendent of Roads, and they " shout " for each other, while they breathe out violent criticism on their separate departments ; and the Mayor, who seldom fails in accepting mag- nanimously the fealty parties, conspires with all as to what public man shall be the victim of the next banquet." 49 4— (2133) CHAPTER IV POLITICS AND THE WORKING MAN The Aim of Australian Democracy — The Paradise of the Working Man — A Contrast of Method — AustraUan SociaUsm — Social Progress v. Material Advance — A Policy not a Philosophy. To understand Australia, it is necessary to remember that it is the country of the man who works, and not of the man of leisure. Luxury is rare, because it is difficult to accumulate a large fortune and more difficult to spend it, but capacity of any sort is assured of a competence. There is thus a pleasant equality of condition, which neither excites envy nor depresses ambition. All work, too, is adjusted to the necessities of a more genial climate ; so that the hours are shorter and the pressure of com- petition less urgent than in older countries. At the same time the wide horizons and clear skies give a larger outlook upon life, and encourage the characteristic quahties of freshness, sincerity, and confidence ; while nowhere in the world can a man who has to work for his living, work under pleasanter conditions than in Australia. This, which is true of all classes, is so in a pre-eminent degree of those who live by manual labour, who have used their political power to adjust industrial conditions, with more or less elaboration, by means of legislation to these fortunate circumstances. This fact explains the saying, to which reference has been made above, that " Australia is the Paradise of the Working Man." In no country in the world is political power more widely diffused, or more daring use made of Government action as an instrument of social development. Every man and woman in Australia has a vote, and no tradition limits its exercise to a selection between candidates of a certain social rank. Consequently Members of Parlia- ment are of the same class as the majority of voters and 50 NATIVE DEMOCRACY reflect both the opinions and the prejudices of their constituents, so that their standpoint is always that of the average citizen, who has no definite pohtical creed, but who resents being patronised and is keenly alive to any opportunity of bettering his condition by means of legislation. The dominant idea of the average voter is to make Austraha a better country to live in for men of his own class, — for he has learnt by experience that men of wealth and ability are well able to look after them- selves, — and, so far from mistrusting Governmental action, he draws legislation into his service as a ready and effective instrument of reform. This does not imply any adherence on his part to a particular theory of the functions of the State ; for the Australian is a voter and not a philosopher, and his democracy is not so much a reasoned creed as an instinct. A Contrast of Methods This predilection of Austrahans for action by the State, is the more noteworthy because it is in striking contrast with the inclination of opinion in the other democracy of British origin which margins the Pacific. Contrasts between Australia and the United States will be noticed frequently by an observer of the two countries. This, perhaps, is one of the most intelligible, because it can be traced to a difference in the early methods of government. The United States sprang from the town meeting : Australia from a personal government. The early settlements in New England were, from the first, self-governing communities : the settlement at Sydney Cove was subject to the orders of a naval or military officer for thirty-eight years. ^ The Governor was an earthly providence to the early Australian settlers, — dispensing food, controlling industry, and fixing the rate ^ Another strange contrast between the two countries is that Australia was first settled on the side most remote from England. 51 THE COMMONWEALTH OF AUSTRALIA of wages. Nor did the influx of free settlers materially change the situation, because these spread themselves over the vast area of waste land too quickly to acquire that local sentiment which became instinctive in the concentrated settlements on the Atlantic seaboard. There came, indeed, to be a strong provincial jealousy between the Australian Colonies, which has defied even Federation ; but this was never incompatible with a very wide exercise of the powers of government within each Colony. Thus while the United States have de- veloped an exaggerated localism and individualism ; in no part of the world has the doctrine of Laissez-Faire fewer adherents than in Australia. Even Freetraders reject the doctrine as applied to domestic politics ; and the " Administrative Nihilism " (to use Professor Huxley's phrase), which would confine the action of Government to preserving order, always seemed treason to busy settlers, who depended upon the state to overcome many of the physical obstacles to settlement, and to provide by means of railways, roads, tanks, etc., those conveni- ences of civilisation, which, in such a country as Australia, individuals could not obtain unaided. Thus Australian Governments have, for many years, constructed and owned railways, tramways and ferry boats ; done their own printing ; provided hospitals and parks ; subsidised agricultural shows, and, generally, endeavoured to improve the means of communication and transport, and develop the country. Governments now, in addition, make clothes for the police and military ; maintain agricultural farms ; own and let the use of batteries for crushing ore ; own and let out bulls and stallions ; supply seed wheat ; sell frozen meat and dairy produce ; export wdnes ; send commercial agents to England and the East ; undertake the storage and grading of meat and butter for export. They are also expected to test new processes of 52 STATE AID production, and supply, free of charge, information as to the latest agricultural and industrial experiments in other countries. Indeed, a settler could hardly get greater assistance than every Australian state is now expected to furnish. These later extensions of State activity have rather been due to the widening of the field for work, than to the influence of any political party ; and are acquiesced in by all parties, because Australia was familiarised from its earliest days with the frequent exercise by the State of its organised power, in order to overcome the critical difficulties of colonisation. ^ Australian Socialism Yet, with all this extension of State activities, there is less socialist legislation in Australia than in England. Australian legislation is advanced only when the small size of the community and the sparseness of its population, necessitates that being done by legislation which, in England, is done by economic compulsion. For example, whereas in England the chief standard industries are regulated by joint committees of work- men and employers, who determine all disputes, and are able, through the concentration of the industry, to enforce their rulings by the penalty of exclusion from the trade, ^ in Australia, where industries are small and scattered, and men change easily from one employment to another, the same result can only be achieved by the compulsion ^ It cannot be said that Australia affords any evidence in support of the view that Government action saps individual vigour. Australians are certainly most serious in the pursuit of their individual interests. At the worst there is a certain lack of public spirit and unwillingness to give personal service to the State gratuitously. But this is characteristic of any country where wealth has no traditional responsibilities, and the greater part of the community is necessarily occupied with its own business. ^ e.g., The cotton and iron trades. See for illustrations Mr. and Mrs. Sidney Webb's " Industrial Democracy." 53 THE COMMONWEALTH OF AUSTRALIA of law through the awards of a tribunal. It is true that the laws of labour in factories and shops are shorter than in England, but in all other respects factory legislation is less strict in Australia than in England. Again, there is no poor law in Australia ; there is nothing like the advanced municipal socialism of such cities as Glasgow ; the laws for the protection of workmen are far less stringent than in England ; there is no Workmen's Compensation Act, and the doctrine of " common employment " is in full force. In the supervision of food (except meat, milk and butter for export), the sanitation (except quaran- tine) and regulation of workmen's dwellings and new streets and buildings, — Australia is decades behind the legislation of Great Britain. Yet, according to the popular view, Australia is a warning to the world by reason of its socialist legislation. The explanation of this contrast between appearance and reality is due to the fact that the Australian inclina- tion to invoke State aid, which has its origin in the history of the country, has found support of late years, in a more or less defined political creed, which has found in Australia its most vigorous and clear expression, although it is not distinctively Australian, nor of Australian origin. Social Progress versus Material Advance History from one point of view is only an ever-varying adjustment between the rights of the individual and the claims of society. One school of thought, holding that society grows through an automatic harmonising of many self-interests, would extend the sphere of individual action to the widest limits compatible with the security of life and property. Another school insists that the conflict of self-interests does not produce harmony but anarchy, and it accordingly demands restrictions upon competition in order to preserve society. In the economic 54 A UNIVERSAL FRANCHISE field, disciples of the former school concentrate their efforts on encouraging production, because they believe that unrestricted liberty to produce, secures, by some decree of Providence, a just distribution of the products, ^ The other school (except its socialist section) does not reject competition ; but demands that this shall be, in fact, that competition of equal units, which English economists postulate, but which has never existed in any industrial society, except, possibly between whole- sale dealers during the thirty years, 1840-70, when there were no Trusts, and foreign states had not begun to organise national industries by means of tariffs, subsidies, and railways. These views express the divergence of opinion between capital and labour which exists to-day in many parts of the world. In Australia it is widened and accentuated by some distinctive social and historical conditions. Australia, as has been point&d out, is a country in which every man and woman has a vote. It has also been familiarised from its birth with an active and centralised government. There is accordingly nothing novel or repellent to an Australian in the idea that the organised power of the State should be used to further his ideas of social reform. On the other hand, a young country offers very great opportunities to private enterprise, and tends to develop self-reliance and impatience of control to a high degree. These qualities do not, how- ever, counteract the tendency to rely upon the interfer- ence of the State, because the vicissitudes of fortune in a young country, and the haphazard way in which she casts her favours, make the unsuccessful envious or indifferent, while the men of enterprise, who mistrust governments, are too much occupied with their own ^ See especially Bastiat : " Harmonies Economiques," in which the conclusions of the English school of individualist Political Economy are pressed to their logical conclusions. 55 THE COMMONWEALTH OF AUSTRALIA affairs to take an influential part in politics. Riches, which imply responsibilities and in appearance reward merit, are more kindly regarded than the sudden acquisi- tions of Australian speculators which give their possessor very httle power over the opinions of others, A writer of a most interesting series of articles on " Australian Ideals," which appeared in the Times of July and August, 1908, ^ has very acutely pointed out that " alongside the individual struggle after wealth there was growing in Australia from very early times a different spirit sown by men who sought not so much wealth as ease and competence This spirit was helped in its gradual evolution from an instinctive and unconvinced sentiment to the main article in a political faith by the same circum- stances, peculiar to Australia, which gave such extensive play to the material ambition of the abler part of the community. If cloistral isolation and peace favoured the concentration of many people upon the business of developing the country and growing rich, it also left their poorer and less enterprising brethren free to specu- late upon possibilities of moderate affluence without excessive toil, and of a widespread social well-being, inconceivable to countries less richly endowed, less thinly peopled and less remote. Hidden in a corner of the Pacific, and safeguarded by no effort of her own against the interference of a jealous world, Australia has developed a quality of introspection, a hermit-like pre-occupation with her own dreams, which is now a leading attribute of her political ideas." A Policy not a Philosophy It is almost needless to say that, Australia being a British community, ideas are not built up into any consistent theory. Thus, although the division of 1 See especially Article vi, the Times, Aug. 8, 1908. It is hoped that more articles will be published in a permanent form. 56 CLASS ANTAGONISM sentiment in Australia does run parallel with the cleavage in opinion which has been described above, the philosophy of the matter is little considered, and the conflicts are not between rival schools of thought. Yet there is an essen- tial difference between the ideals of each party, however little this may be generally recognised, which perhaps will be made clearer by a description of the extreme views of either side. Again we may quote the writer of the articles in the Times : "At the extreme of one category is a large number of purely selfish individuals, who, regardless of any interest but their own, are merely in a hurry to grow rich. At the extreme of the other is a still larger number of more or less predatory socialists, who demand a share of the general prosperity out of all proportion to their share of effort in creating it. ' Going into one class,' wrote Sir Henry Parkes in his ' Fifty Years in the Making of Australian History,' ' you will find men carefully dressed and sumptuously fed, who are very much dis- posed to take a short cut to the object which they wish to reach without reference to the feelings, or the reasonable wishes, or even the lawful privileges of their fellows. Going among another class, — almost the opposite — you will see men savagely assail their fellows, because they honestly strive in their own way, as free men, to earn the means of subsistence for their families.' " The aims of these two classes will always be essentially antagonistic. The one will lay most stress on material advance, the other will place social progress in the fore- front of its programme. And as the political power is with the advocates of social progress, we shall expect to find on the Australian Statute Book many protests against unrestrained individualism, which would cause the same estrangement between classes in Australia as in older countries. And in this respect, also, Australia offers another marked contrast to the United States. Indeed, the motto of the Australian supporters of reform 57 THE COMMONWEALTH OF AUSTRALIA might almost be "To make Australia everything America is not," — so strenuous is the struggle against the rule of wealth, and so deep-seated are the lessons which have been taught to Australians by the recent disclosures of social anarchy in the United States. Australia, it is claimed, should be so governed that it shall provide work at fair wages to a vast industrial population, afford a fair day's wage to good workers, and provide such comfortable and healthy conditions, that the workers may take an interest in their work and have leisure for culture and recreation. It is thought better that Australia should have a large, well-educated, contented working population, than that it should produce immense yields of wool or cotton by means of servile or low-paid labour. Such views plainly involve the " swallowing of economic formulae " and suggest that " freedom of contract," " the law of supply and demand " and similar phrases are mere capitalistic shibboleths which mark an arrogant contempt for social rights. Legislation is treated as a means not only of removing inequalities, but of protecting the weak against the strong. The organised political exponent of these views is the Australian Labour Party, which plays so large a part in Australian affairs, and is credited with playing one so much larger, that an account of its formation and policy cannot be omitted from an account of the Commonwealth, and will form the subject of the next chapter. 58 CHAPTER V THE LABOUR PARTY The Opportunity — The Maritime Strike — Labour Turns to Politics — A Retrospect — The Caucus — The Programme — WTiat the Party Stands for — Comparison with the EngUsh Labour Party. The writer in the Times, to whom reference has been made above, observes truly that " Labour has won its present position in Austraha not by virtue of its organisa- tion, but by virtue of its aims. Other parties have not failed to organise merely because they are too indolent or too proud, but because they lacked the united impulse, the common faith essential to give the method effect. If Labour, when it first determined to organise as a pohtical force had not been able to call to its support a deep-rooted sentiment of the Australian people, it could not have risen to anything approaching its present power." The binding influence of race and the Eight Hours' Day gave Australian labourers an exceptional solidarity and enabled the Labour Party (as the same wTiter points out) " to become the spokesman of the general wish for some ideal of social progress which would control and rationalise the prevailing doctrine of wealth-accumulation at any price." Other causes worked in the same direction. The want of sympathy with the wealthy classes was changed into resentment and hostility by the social war between squatter and selector, which will be described in later chapters. The memories of that struggle were green when Labour entered politics. The time, too, was otherwise propitious. The huge expenditure of borrowed money on public works and immigration from 1877-1890 had culminated in an orgie of gambling. Fortunes — on paper — were immense, and wealth had never seemed more flaunting 59 THE COMMONWEALTH OF AUSTRALIA and unscrupulous. The crash which followed swept away the people's savings and awoke a blind desire for vengeance, which, when wages began to fall, found expression in a general strike. Beginning with the laying up of the Tasmanian Steamship Company's fleet, on account of the dismissal from the Corinna of a Union representative without assigned cause — for so do great things spring from small beginnings — this strike spread sympathetically through the ranks of organised labour. It was met and defeated by an equally extensive organisation of employers ; and Labour sought revenge in politics. This strike is a landmark of Australian history, and its issues and conduct illustrate Australian methods and ideas exceedingly well. It will not, therefore, be inappropriate to relate the story. ^ The Maritime Strike On August 12th, 1891, the President of the Shearers' Union obtained a pledge from the maritime bodies of workmen and the Trades and Labour Council in Sydney, that they would boycott all wool which had been shorn by non-unionists. The issue thus raised was described differently by the two opposing forces. To the employers it was " freedom of contract ; " to the workmen " the right to combine." The pastoralists were alleged to be ousting unionists from employment, and certainly they were refusing to give any preference to unionist shearers, so that all shearers were sharing in the higher wages and improved conditions which the Union had obtained for the class at considerable cost. At least ten per cent, of the sheds in New South Wales were shearing under ^ An account of the strike is given in the " Official Report of the Labour Defence Committee," and in a supplementary pamphlet by Mr. George Black, giving an account of the Labour Market for 1891-1904. 60 AN ORGANISED BATTLE non-union rules, and some indiscreet employers in Mel- bourne had publicly avowed their intention to break Trade Unionism. The conviction was thus widespread throughout Australia that action was necessary, because Trade Unionism had been brought face to face with the problem of existence. The affiliated societies con- sequently entered upon the conflict with the object of maintaining the Shearers' Union in what was believed to be a fight for life. Still the strike might have been confined within narrow limits had not the Marine Officers' Association decided on August 13th to take part through their Secretary in the deliberations of the Trades and Labour Council. " From that moment," writes Mr. Black, " the basis of the impending strike was indefinitely extended, and its original pretext to some extent forgotten. . . It suddenly assumed the aspect of a battle involving all classes of maritime labour throughout Australia. The shipowners demanded that the officers should sever their connection with organised labour. They refused . . . and left their ships as they came into port. The Seamen's Union called upon its members to support the officers and the strike began in all its vastness and complexity. There was a general boycott of aU non-union wool and all ships manned by non-union officers. The conference which had been called to discuss the strike, organised itself into a Labour Defence Committee whose orders were implicitly obeyed." Mr. Black gives a vivid description of the Committee at work. " Up three flights of stairs, the approach to the last flight guarded by toil-stained and often weary outposts, in a large room at the door of which stood another sentry, round a long, narrow table, but half-covered by a piece of old cretonne, gathered the members. For a fortnight or more the work was physically as well as mentally exhausting. All day long, and all night they sat : at first about a dozen, and more 61 THE COMMONWEALTH OF AUSTRALIA as the days rolled by and other Labour bodies filed into line. . . . Only the unions actually on strike were represented here. Affiliated bodies sent their spokesmen asking for instructions how to act. . . . Then there were deputations from employers asking help to unload perishable goods. . . . Intercolonial traffic had been crippled but not brought to a standstill. A few ships were running the blockades with provoking success ; and the Defence Committees in the various Colonies kept the wires busy day and night with comments on their movements. ' A steamer dropping up the Yarra. Any- thing known about her ? ' The Chairman would ask as he read the contents of the wire just to hand. ' Yes, as black as your hat,' would probably be the response. ' Then tell them to block her.' And an hour later the leaders in Melbourne would be acting upon the advice." Money poured in freely. Australian Trade Societies contributed £28,662. The London Dockers, in gratitude for the assistance sent to them from Australia in their " strike for the 'tanner,' " sent £2,000, and other Societies in England £2,060 more. Over £36,000 was distributed in relief in which 16,347 persons participated at different times. The expenses of the Defence Committee were £240 9s. 9d., of which the Secretary received £6 6s., the twelve delegates 5s. each per day, and the editor of the daily bulletin of the strike, £15. Men gave themselves freely to the work, and there were no scandals. But devotion and loyalty could avail nothing against popular hostility. Failure was inevitable when the householder began to fear for his supplies, and the farmer for his market. Special constables, aided by mounted infantry from the country, forced passages for the boycotted goods between the ships and the railway termini ; and, as steamer after steamer loaded and dis- charged, the ranks of the unionists thinned. The strike, 62 A FRUITFUL DEFEAT however, was conducted to the end without disorder ; ^ and the leaders, wisely resisting tlic counsels of despair, refused to order a general strike of all labour, and sur- rendered unconditionally after a fortnight's struggle. The shearers had already returned to their sheds, — intimidated by the unequal laws which then made breach of contract by a workman a criminal offence, — and the claims of the officers had been conceded by the ship- owners, provided they withdrew from the Trades and Labour Council. Of what use, then, was it to prolong the struggle ? Nothing remained but to bring its opera- tions to an end. The general public was relieved. It sympathised with Labour ; but had not understood the turn which the dispute had taken. Yet the refusal to permit the Officers' Association to affiliate with the Trades and Labour Council, — however necessary in the interests of discipline, — really struck at the root of Trade Unionism, which is freedom to combine ; and the boycott of non- union wool and ships, — however inconvenient to the public, — was the mildest method of protesting against " black-leg " labour. Extravagant claims were advanced by both sides. The Trade Unionists were too few to assert their claim at that time to the preferential employment, which may now be conceded, under statute, by Industrial Arbitra- tion Courts, and which was secured many years ago by the organisation of both employers and employed in the larger industries of the North of England. The em- ployers in their demand for " freedom of contract " forgot that real freedom to contract implied a freedom to refuse the contract offered, which was impossible to an individual workman unsupported by a Trade Union, because, if he 1 There was some stone-throwing on one occasion at the Circular Quay, which panic magnified into a riot. A Governor, who was accustomed to the disorder of election nights in some English towns, watched it undisturbed from the window of a public office ; but it was a first experience of street turbulence to Australians. 63 THE COMMONWEALTH OF AUSTRALIA stood alone, he must find work or starve. Trade Unions are to workmen, what capital is to the employer, they enable him to wait until the market for his labour rises. Nor was it generally perceived that "free " or "black-leg" labour (whichever epithet be preferred) menaced the very existence of Trade Unionism as an industrial force. Cheap labour depresses the standard of wages, which Trade Unions are established to maintain, as inevitably and for the same reason as, under Gresham's law, bad money drives good money out of circulation. It is a notable example of that attardation of thought which will be noticed later as characteristic of young countries, that these trite considerations were hardly urged in public except by men who had been trained in European ideas, and that they were denounced as revolutionary by the whole daily Press. ^ Barristers, whose existence as a separate profession is secured by the strictest Trade Union rules — who refuse to work with a " black-leg " and call their overtime " refreshers, "^ — were especially antag- onistic to the other Unions. Sir Alfred Stephen, an ex-Chief Justice, introduced a bill into the Legislative Council, making strikes illegal under almost any circum- stances and threatening strike leaders with summary im- prisonment at the hands of police magistrates, and other members of the legal profession expressed similar opinions, ^ ^ e.g., His Eminence, Cardinal Moran, the Cliief Justice of Victoria (the Hon. George Higinbotham), the Rev. H. L. Jackson, Incumbent of St. James', Sydney, the Rev. George Walters (Unitarian), and the Rev. Dr. Roseby (Wcsleyan) were among the few men of prominence who publicly expressed their comprehension of the issues involved. * Many employers used their victory with great harshness. One of the largest Pastoral Mercantile Houses in Australia required the writer to return a Brief, which he held for them in the Supreme Court, on the expressed ground that he had written a letter to the Press which questioned the doctrine of " Freedom of Contract." If this was done to one who had already held high ministerial office, tlie treatment mctcd out to defenceless workmen can be imagined. 64 THE NEW PARTY Beaten in the strike, Labour, in the hour of its defeat, turned to poUtics. " This then," says the Report of the Labour Defence Committee, " is over and above all others our greatest lesson — that an organisation must become a means of education and constitutional power. Already it is half learnt. We have come out of the con- flict a united Labour Party. . . . The next General Election must yield us the balance of power." These words were prophetic. Labour Turns to Politics At the General Election, in June, 1891, thirty-six members were returned to the Parliament of New South Wales upon the Labour Ticket, out of forty-five who stood as Labour candidates. They held the balance of power, and at their first caucus in Parliament House, decided to support Sir Henry Parkes, who had reluctantly remained in office upon pressure from Lord Jersey, the Governor, who, himself a partner in Child's, foresaw the coming banking crisis. In the debate on the Address, in reply, Mr. George Black, " sick," as he writes, " of hearing Labour members alternately cajoled and bullied " by speakers on both sides, made the dramatic declaration that his party was attached to neither side, but that its policy would be " Support in return for concessions." "If," he said, " you give us our concessions, then our votes shall circulate on the Treasury benches ; if you do not, then we shall withdraw our support. But we have not come into this House to make and unmake ministries ; but to make and unmake social conditions." A Retrospect Looking back now over seventeen years, it must be admitted that the work of the party has not equalled the excessive hopes of its members and the undignified alarm of its opponents. Its influence certainly quickened the 65 5— <«I33) THE COMMONWEALTH OF AUSTRALIA passage of Electoral Reform (1892), Old Age Pensions (1899), and Woman's Suffrage (1901), and prepared the ground for the "Industrial Arbitration Act" (1901), although its members took no part in the preparation of this measure. Most of the measures, however, for which the party now claims credit in the Commonwealth and New South Wales, had already found places in the programme of one or other of the established parties. This, however, is not to detract from its merit, which lies not so much in what it has accomplished, as in the spirit of greater earnestness and sincerity which it has intro- duced into Australian politics. The party gains support not only because, as the writer in the Times points out, it has annexed the policy of all Progressives, but because its purposes are serious and its sympathies Australian. The Caucus The one just cause of complaint against the Labour Party and that which has hitherto separated it from other Progressives, is the dominance of the machine outside Parliament and of the caucus within. The first experiences of the party, when members were detached from it on critical occasions, by the specious terms of catch resolutions, compelled the adoption of a cast- iron pledge, by which every member of- the party under- took to vote on every occasion as a majority of the caucus should determine. This proved impracticable because the caucus could not be convened to meet every Parliamentary emergency ; and the pledge has been several times modified, until, in the Commonwealth Parlia- ment, it only binds members to vote together on questions which involve the fate of a Ministry, or concern a plank in the party's platform, which is no greater obligation than every member owes to the party which he is elected to support. The difference is not in the object aimed at, but in the method. Members of Parliament owe a duty 66 THE PLEDGED DELEGATE to their constituents to explain their votes, whether these be given for or against their party. This explana- tion can be given either on the floor of the House or in the electorate, but no member can shirk the obligation. Labour members, on the other hand, are pledged to keep secret the deliberations of their caucus. They must vote, when the occasion for a caucus arises, as the majority determines, and can shield themselves from the censure of their constituents by alleging this justification. This, in effect, withdraws discussion from Parliament and therefore from the public to the secrecy of the caucus, so that the representative system ceases to exert an educational influence, which is one of its main purposes, either in the House or the electorates. Every year lessens the advantages of this system, which in its present form has outgrown its usefulness. It is only in its early days of weakness that a party need bind all its members by a pledge to obey the majority and require them to accept every plank in its platform, although most of these may be mere counsels of perfection, which are not likely to come within the field of practical politics for many years. When a party has gained strength, and can express its principles in definite and practicable proposals, it is surely a sign of its strength, which involves no risk, to leave a certain freedom of thought and action to its Parliamentary representatives. The Labour Members of Parhament have already realised this need for greater freedom ; but the organisations outside insist upon retaining control although this has already forced their leader in Queensland, Mr. Kidston, to seek alliances elsewhere and compelled a ministry of their own choosing in Western Australia to resign office in disgust. The " solidarity pledge " is accordingly still required of Labour candidates, although its stringency has been relaxed, and no working arrangement has yet been come to between the Labour Leagues in the 67 THE COMMONWEALTH OF AUSTRALIA constituencies, and members of the Progressive party, who are in sympathy with the immediate aims of Labour. This is a source of weakness which may bring temporary failure. But as the party gains in power and responsi- bihty, it should be able to maintain an equally effective discipline by means which are less derogatory to the self-respect and independence of its members. For the present, however, the caucus and the machine expose the party to suspicion and attack. The Programme The Programme of the Commonwealth Labour Party as agreed to at the Conference of Labour Leagues in 1908, contains the following proposals : — AUSTRALIAN LABOUR PARTY Fighting Platform and General Platform as adopted at Conference, Brisbane, July, 1908. OBJECTIVE (a) The cultivation of an Australian sentiment, based upon the maintenance of racial purity, and the development in Australia of an enlightened and self-reliant community ; (6) The securing of the full results of their industry to all producers by the collective ownership of monopolies, and the extension of the industrial and economic functions of the State and Municipality. FIGHTING PLATFORM 1. Maintenance of a White Australia. 2. The New Protection. 3. Nationalisation of Monopolies. 4. Graduated Tax on Unimproved Land Values. 5. Citizen Defence Force. 6. Commonwealth Bank. 7. Restriction of Public Borrowing. 8. Navigation Laws. 9. Arbitration Act Amendment. GENERAL PLATFORM 1 . Maintenance of a White Australia. 68 THE LABOUR PROGRAMME 2. New Protection — Amendment of Constitution to ensure effective Federal legislation for New Protection and Arbitration. 3. Nationalisation of Monopolies — if necessary, amendment of Constitution to provide for same. 4. Graduated Land Tax— Graduated tax on all estates over ;^5,000 in value on an unimproved basis. 5. Citizen Defence Force, with compulsory military training, and Australian-owned and controlled Navy. 6. Commonwealth Bank of Issue, Deposit, Exchange and Reserve, with non-political management. 7. Restriction of Public Borrowing. 8. Navigation Laws to provide — (a) for the protection of Australian shipping against unfair competition ; (b) registration of all vessels engaged in the coastal trade ; (c) the ef&cient man- ning of vessels ; {d) the proper supply of life-saving and other equipments ; (e) the regulation of hours and conditions of work ; (/) proper accommodation for passengers and seamen ; {g) proper loading gear and inspection of same ; (h) compulsory insurance of crews by shipowners against accident or death. 9. Arbitration Act Amendment, to provide for Preference to Unionists and exclusion of the legal profession, with provision for the inclusion of all State Government employees. 10. Old Age and Invalid Pensions. 1 1 . General Insurance Department, with non-political manage- ment. 12. Civil Equality of Men and Women. 13. Naval and Military expenditure to be allotted from proceeds ef direct taxation. 14. Initiative and Referendum. PLEDGE I hereby pledge myself not to oppose the candidate selected by the recognised political Labour organisation, and, if elected, to do my utmost to carry out the principles embodied in the Australian Labour Party's Platform and on all questions affecting the Platform to vote as a majority of the Parliamentary Party may decide at a duly constituted caucus meeting. In one sense this programme is Socialistic ; but it will be observed that it does not adopt the collective ownership of all means of production, which is the dis- tinctive doctrine of European Socialism. All it urges in this direction is that collective ownership should super- sede or prevent monopolies, — which is the creed of the London County Council and the main-spring of the 69 THE COMMONWEALTH OF AUSTRALIA Municipal activities of Birmingham and Glasgow. * In practice this would mean that the Commonwealth would buy out the Tobacco Trust, and thus establish a monopoly in a most profitable source of revenue, similar to that which the British Government now enjoys in Cyprus, and to those which have existed for many years in European states, whose rulers have never been suspected of Socialist tendencies. What the Party Stands for The foregoing analysis of the Labour Party's aims ought to disprove the charge, which is frequently urged against it, of being essentially anti-capitalist. On the contrary the party, as a whole, has never considered attacks on capital as a matter of practical politics. Its leaders are men of recognised probity and ability, and its ranks contain a fair sprinkling of men of all social grades, — farmers, professional men, shopkeepers, clergy and University graduates, — although manual workers are of course, in the majority. The majority of Socialists, it is true, work with the Labour Party, though Socialist bodies have opposed it and even run candidates against its nominees. It is also true that some enthusiastic supporters of the party indulge in violent language ; but this is no more representative of the aims and methods of Australian Labour than the speeches in Hyde Park on a Sunday afternoon represent the opinion of the working * The Bulletin has asked, in reference to the charge against the Labour Party that it advocates " SociaUsm," " What is Social- ism ? Is it SociaUsm to run a factory to make the postman's clothes, and yet not Socialism to run a post-oftice ? Or is it Socialism to light a street and yet not Socialism to light a sand- bank ? Or is it Socialism to run a mine, and yet not Socialism to run a mining battery ? Is it Socialism to tax land-values, and yet not Socialism to tax building improvements ? Is it Socialism to build mail-steamers, and yet not Socialism to build a river ferry ? " 70 FACTS AND PREJUDICES classes of Great Britain. Unquestionably the Australian Labour Party represents some of the best elements of sane patriotism which the Commonwealth possesses, and its political action has never been influenced by the prospect of personal gain. This is a different picture from that which is presented to English readers by Australian party newspapers, writing in the heat of an election contest. But it should be remembered, in judging of Australia by the utterances of its politicians or by writings in the Press, that Parlia- ment and the newspapers cry every defect and error of Australians through a megaphone ; and that for many years the Labour Party has represented all that is most disliked by a somewhat narrow capitalistic press. ^ The Australian Labour Party advocates compulsory military service as the first duty of citizenship, and extends training to every boy at school, in the belief that a citizen army is the best safeguard of democracy, and that a country which is worth living in is worth fighting for. It also realises that the Empire is the greatest force the world has ever seen for the establishment of peace, justice and freedom. Thus the party is one with a wide outlook and broad sympathies and so holds a high position in the public regard. ^ For the moment, however, the Labour Party in Australia is an offence to persons in authority who have the ear of the Press, and a stumbling-block, ^ English observers, such as Professor Gregory, or the writer of the Articles of the Times on " Australian Ideals " soon form a different estimate of the Labour Party. * The Banks' crisis of 1892 is sometimes attributed to the strike of 1891. This is an eiTor. The boom broke in Adelaide in 1887. The Building Societies, which were a favourite investment for the savings of the working classes began to fail in 1889. The financial crisis was really due to an unsound system of banking. Money was borrowed in London on short terms and lent on mortgage to squatters on long terms. It would have happened many years earlier but for the large sums expended by the several State Governments out of the proceeds of public loans. 71 THE COMMONWEALTH OF AUSTRALIA through misapprehension of its work and purpose, to many well-wishers to Australia. The extent of these misapprehensions, and the extent to which the principles upon which many of their measures have been founded are misconstrued, will be shown again and again in the course of this book. 72 CHAPTER VI EDUCATION (1) Distribution over States — New South Wales — Victoria — South Austraha — Western AustraUa — Queensland — Tasmania. (2) Amount and Quality ; Cost — Attendance — Curricula — Private Schools — Secondary Education — Technical Education — Universities — Summary — Practice and Ideals. Primary education in Australia has passed through three phases. In the eariier States, the first scheme for educa- tion was based on the Irish National System — State provided undenominational, and subsidised denomina- tional schools. Later, the dual system was abolished and all primary schools brought under one control, and in the third phase the system in each State has been made uniform and placed under one responsible minister. New South Wales, as the mother State, has priority in point of date, in educational as in other matters, but each State though influenced by the systems adopted by its neighbours, has developed for itself a system of primary and secondary education, as well as technical and uni- versity training. In a brief survey it is confusing to multiply dates and details. Accordingly, for the sake of conciseness, the growth of education in Australia will be described in respect of its distribution over different States ; its amount both as regards quantity and quality ; and, finally, an attempt will be made to put the systems in operation, to the test of modern educational methods. (1) Distribution OVER States New South Wales Prior to 1848 all education was in the hands of one or other of the four Churches which received State aid — Anglican, Roman Cathohc, Presbyterian, and Wesleyan. The combined efforts of these bodies were only adequate 73 THE COMMONWEALTH OF AUSTRALIA to give instruction to less than half of the children of school age. They had, altogether, 12,000 in these schools ; private schools, of unequal merit, taught about 6,000 more, and about 14,000 got no schooling. In 1848 a Board of National Education was incorporated, and State Schools established under its control. " From that year until 1867," says Mr. Board, the Under-Secretary of Public Instruction in New South Wales, in a paper contributed to Mr. Knibbs's "Official Year Book," " two educational bodies co-existed, created by the same authority, and supplied with funds from the same source, the Public Treasury. The progress of the one was secured at the expense of the other ; and, instead of mutual help and co-operation, jealousy of each other's success and division and consequent waste of means were the inevitable results." Sir Henry Parkes in 1867 placed both kinds of schools under the authority of an incorpor- ated Council of Education consisting of five members, who were entrusted with the expenditure of all money appropriated by Parliament for primary education. The schools — under the title of " Public Schools " — still comprised some denominational ones. Instruction was divided into " Secular " and " Religious," but the word " secular " was defined to include undogmatic religious teaching as distinguished from polemical theology. In Denominational Schools the religious teaching might be given by the teachers. In the others it must be given in an hour set apart for the purpose each day in school-time by one of the clergy or some other accredited instructor. The Council took over 259 National Schools attended by 19,461 pupils and 310 Denominational Schools attended l?y 27,986 pupils. Sir Henry Parkes again completely transformed the system in 1880. All aid was withdrawn from Denom- inational Schools, and the control of the whole educational system of the colony was given to a responsible Minister. 74 SECULAR EDUCATION The teachers became civil servants and teaching uniform. Attendance at school was made compulsory for all between the ages of six and fourteen years for seventy days in the year ; fees were low and were remitted to the poorer parents ; in 1906 they were remitted altogether ; instruction was " secular " in the sense explained above, and the facilities for religious instruction were retained. Only the Church of England avails itself of these facilities to any considerable extent. The Roman Catholics prefer to send their children to Catholic Schools, and other denominations are content with the " secular " in- struction. This measure placed the school system of the colony on a permanent basis which has never since been changed. At the date of the change 101,534 children were receiving instruction, of whom 22,716 were in Denominational Schools. Victoria Victoria retained the Irish National System of Educa- tion with its vexatious dual control from the date of its separation from New South Wales (1851) until 1862. In that year " The Common Schools Act," anticipating Sir Henry Parkes's Act of 1867, placed all State-aided schools under the control of a single Board of Education. " This Act," says Mr. Board, " was not found to work with entire satisfaction, on account of its failure to provide anything like an equal distribution of educational facilities and it was superseded by the Education Act of 1872." This measure was the highest expression of the educational theories of the day. It accepted the principle of " free, compulsory, and secular " instruction, without any reservation and made examinations the test of the capa- city of both pupils and teachers. Masterpieces of English literature were bowdlerised of any word which suggested the unseen or supernatural, and teachers were paid, in addition to their salary, an amount not exceeding 50 per 75 THE COMMONWEALTH OF AUSTRALIA cent, according to the percentage of marks obtained by their pupils at an annual examination. " Payment by results " was not abolished until 190L Thus the measure which effected this belated reform increased the necessary school attendance from forty days per quarter to 75 per cent, of the whole number of half-days on which the school was open. The school age was raised from thirteen to fourteen years in 1905. The same Act increased the number of necessary school attendances. Religious teaching is given, out of school hours, by the clergy or duly appointed religious instructors. In each of the 369 school districts there is an Elective of Board of Advice, which determines what facilities shall be given to religious teaching and generally super- intends the working of the schools, under the direction of the Minister for Education. South Australia The educational system of South Australia passed through the normal stages of Australian growth — from the assisted private school (1847) to the State-aided Denominational School (1851, 1875), and from the latter to the full-blown State School under the control of a responsible Minister (1878). Since that date instruction has been compulsory. Children living near towns must attend at least four-fifths of the time during which the school is open. Children living within three miles of a school must attend for thirty-five days in each quarter. Teachers are permitted to give Bible readings during the half-hour which precedes the statutory opening of the school. In one respect South Australia has always set a good example, namely, by endeavouring to prevent instruction becoming a mechanical routine. A consider- able freedom of choice in subjects is allowed to teachers and the methods are elastic, while examinations have never been permitted to usurp the place of education. 76 OTHER SYSTEMS The Roman Catholics as a body in this State, as elsewhere in Australia, keep aloof from the public schools, holding that religious instruction is a fundamental and indis- pensable part of the education of the young. They maintain their own schools, and permit the Government to inspect the quality of their teaching, but, except for this purpose, they do not submit to official interference. Western Australia The State assumed control of education in Western Australia in 1893, and abolished aid to denominational schools in 1895. Its system resembles that of New South Wales, in being " free, compulsory and secular " in the sense of the term adopted by that colony. School fees were abolished in 1899. Except that the State in 1905 required the teachers and proprietors of private schools to send returns of attendance every month to the Educa- tion Department, there is nothing in the educational system of Western Australia which distinguishes it from other States. Queensland The Irish National System survived in Queensland until 1875. In that year the State Education Act abolished the Board of Education and estabhshed a State system of Public Instruction on the familiar " free compulsory and secular lines." " Secular " was given the Victorian meaning, but religious instruction was allowed to be given out of school hours by some one other than the teacher. School fees were abolished in 1870. The minimum statutory attendance is for sixty days in each half-year. Tasmania Education in Tasmania was organised in 1885 upon the same lines as in New South Wales, but the administration lagged behind that of other States. The reform movement 77 THE COMMONWEALTH OF AUSTRALIA in the parent colony re-acted on the Island, and in 1904 a complete re-organisation was decided upon. The same changes were adopted which were recommended in New South Wales, notably the abolition of pupil teachers. Sufficient time has not elapsed to see the fruits of this reform. (2) Amount and Quality Cost Australians have never grudged money for educational purposes, it being a tenet of their creed that every child should be given an equal chance in the race of life. None, therefore, must be handicapped by lack of knowledge. The total cost of primary education was £2,216,920, of which £,2,009,991 were spent on maintenance and instruc- tion and £206,929 on buildings. In addition £78,754 were expended in 1906 on technical education, and every State has Secondary Schools and Training Colleges, the cost of which is not included in the above figures. Bur- saries are given in every State to enable pupils to pass through each grade of school to the University ; but these, like scholarships at English Universities, tend to be diverted to the boy wiiose parents can pay for good teaching. They need to be larger in amount and more numerous, before the University can be the goal of any and every pupil in a primary school. The States also contribute £45,315 as subsidies to the four Universities. Attendance In 1906 there were 7,308 State Schools in the Common- wealth. These were under the charge of 14,908 teachers, and had an average daily attendance of 442,440 children. The number enrolled was 609,592. Do these figures indicate success or failure ? It is not easy to reply with certainty, owing to the lack of available figures as to the 78 TRUANCY number of children of school age. ^ But it would seem from a rough calculation that about 40,000 children, or about 16 per cent, of those who ought to be at school, are growing up in ignorance. ^ This is not a large number when the circumstances of Australia are taken into account. The Education Departments have to face two great difficulties, namely, a scattered population, and truancy. They have met the first by establishing " half-time " schools in remote districts, which a teacher visits on alternate days : by itinerant teachers in less settled districts : by free conveyance of children everywhere on the State railways and on mail coaches. The latter expedient has the additional advantage of allowing small schools to be closed and concentrating the education of a district in an adequately-staffed and well-equipped central school. An equal success has not been achieved in coping with truancy, which is the peculiar difficulty of Australian cities. This is no doubt partly due to the attractiveness of out-door hfe, but, partly also (it must be confessed) to parental neglect. The only remedy for the latter cause is to give the State the power, under ^ The school age in the several States is : In New South Wales and Victoria over 6 and under 14 In Western Australia, S. Australia and Tasmania . . ,, 7 ,, 13 In Queensland .. ,,6 ,, 12 ^ This estimate is arrived at thus : — The children of school age in 1906 would consist chiefly of the 822,041 who were born in the octennial period 1893-1900. Assuming that 20,000 of these children died before 1906, there would be about 800,000 children to provide for. As we have seen, 609,592 were at the State schools. Of the balance 124,510 were at private schools. There are no figures as to the number taught at home, but some well-to-do persons in the cities and many in the country, have tutors and governesses so that 30,000 docs not seem an excessive estimate. This would leave about 40,000 children unaccounted for. Mr. Coghlan states (" Australia and New Zealand, 1903-4," p. 872) that 46,000 children were receiving no education in 1901. Since that date the attendance has undoubtedly improved. 79 THE COMMONWEALTH OF AUSTRALIA certain circumstances, to remove a child from the custody of its parents. For many years — except in South Aus- traha, where, by the exertions of Miss Catherine Spence, Austraha's " Grand Old Woman," neglected children became the care of the State in 1887 — Australian Legisla- tures have shrunk from such an interference with parental rights. In 1905 New South Wales passed an Act ^ empowering the State to remove children from the custody of depraved parents, forbidding children of school age to hawk in the street, and making provision for the care and education of all neglected children, except the mentally deficient, who were dealt with in another measure. No other State has as yet followed the example, but in the same year Victoria passed a measure for punishing more severely parents who omitted to send children to school. Curricula The curricula in all States are practically the same, and have httle which is distinctively Australian. Reading, writing, arithmetic, drawing, grammar, geo- graphy, history (English and Australian), singing, science, manual training, gymnastics and swimming (where practicable) are everywhere compulsory subjects. Lec- tures, too, are given on the laws of health ; and girls are taught, in addition, needlework, cookery and domestic economy. Fortunately there is no reason to believe that the pupils take this long list seriously. Kindergartens are established for infants in most of the larger centres of population, and agriculture is taught in some country 1 This measure was prepared in 1903 by the then Attorney- General, with the assistance of Captain Neitenstein, D.S.O., the Inspector of Prisons, and Dr. Mackellar, M.L.C. It was passed twice through the Legislative Council but failed to enlist the sympathy of other members of the Cabinet and was dropped in the Assembly. It was passed as the first measure of the succeeding Parliament by what had been His Majesty's Opposition. 80 SCHOOLS AND SNOBBERY schools. There is also military drill in Cadet Corps, which will become universal, when the measure for compulsory service shall have passed Parliament. Here it is sufficient to remark that both parents and pupils would prefer to see every other subject expunged from the curriculum, than forego the necessary training in this first duty of citizenship. Certain " extra " subjects for which fees are charged are taught in the larger schools, e.g., Latin, French, algebra, trigonometry, shorthand, etc. Private Schools The large number of pupils who attend private schools is a remarkable feature of the education system and is due to two causes, first, that the Roman Catholics and, to a lesser extent, the Church of England, prefer to send their children to schools which have a religious atmosphere ; and, secondly, that class feeling creates, especially in the cities, a certain prejudice against the Public School. So far as this prejudice rests on anything but snobbishness, it is due to a preference for the discipline of a boarding school or for the greater individual attention which can be given by a private teacher. But it is not easy to understand why there is not just the same general mixing of rich and poor in the Australian Public Schools as in the common schools of the United States. This is one of many puzzling points of difference between the two democracies. Secondary Education New South Wales has three grades of schools : the ordinary Public Schools ; the " Superior" Schools, where subjects for the Senior and Junior University examination are taught, numbering 1,429 in 1906 ; and five High Schools, of which two are for boys and three for girls. The number of pupils at these five schools was 723 in 1906. It is intended to reserve these schools as training 81 6— (eiSS) THE COMMONWEALTH OF AUSTRALIA schools for teachers, and use about twenty of the larger superior schools to take their place. The Hawkesbury Agricultural College also trains ten teachers yearly. In Victoria and South Australia what are called " Con- tinuation Schools " and " Continuation Classes " have been established to give preliminary training to persons who propose to become teachers. Neither Queensland, Tasmania nor Western Australia have established Secondar}^ Schools, but in Tasmania the University prepares pupils for the Junior Public Examination. Technical Education If one were to judge only from the number of Technical Colleges, technical education in Australia would be thought extremely good. But there is reason to fear that most of them have aimed at teaching a variety of mechanical arts and neglected the essential groundwork in drawing, chemistry and mathematics, without which technical education is a mere sham. At one college in Sydney, for instance, anyone can get instruction — and a Certificate of Competence — in more than fifty different trades. His course of instruction may last a week, and at the end of it he wiU be able to do, say, simple plumbing, with tools and materials prepared for him in advance. If, however, a Technical College were to attempt to give a thorough technical education it would overlap some of the functions of the University. For facilities have been created of late years in the Universities of both Sydney and Melbourne, for giving both technical and theoretical instruction in engineering, mining, mineralogy, biology, pharmacy and dentistry, in addition to the usual classical, mathematical, scientific, medical and philoso- phical courses. There is also a good deal of overlapping between Technical Schools and Schools of Art, Working Men's Colleges, and Art Classes. Indeed no branch of the educational system stands in more pressing need of reform, 82 INDUSTRIAL PROFESSIONS both in respect of the purpose they are intended to fulfil and the methods they employ. What can be done by a Technical School, which teaches one subject thoroughly may be seen at " The School of Mines," which was estab- lished at Ballarat (Victoria) in 1870 " to impart instruction in the various branches of science connected with mining." This school draws students from all the States of Australia, and even from outside the Commonwealth, and its diplomas command responsible positions in every mining district in the world. Queensland gives subsidies to Technical Colleges which are carried on in connection with Schools of Art under the control of Local Councils and Victoria adopts the same practice. South Australia confines its efforts to instruction in mining matters, as do most of the Tasmanian schools. In Hobart there is one institution which almost rivals that of Sydney in the universal character of its instruction. It issues diplomas in twenty-nine different subjects. The Technical School in Western Australia is affiliated with the University of Adelaide and gives serious instruction in applied science. The Universities The Universities of Sydney and Melbourne completely overshadow the two smaller Universities of Adelaide and Tasmania. Both of them have fifteen professorial chairs, and the lecturers at Sydney number sixty-one and at Melbourne fifty-five. Beside these figures the nine professors and twenty-three lecturers of Adelaide or the three professors and six lecturers of Tasmania make a poor array. Fortunately, the influence of a University is not determined by its size. All the Univer- sities receive subsidies from their respective States, but two owe the greater part of their income and endowment to private benefactions. The Challis bequest to the University of Sydney was £190,000. Another bene- factor, Mr. Peter Russell, gave £100,000. Sir Thomas 83 THE COMMONWEALTH OF AUSTRALIA Elder gave a like amount in various sums to the University of Adelaide. Melbourne draws a smaller income from this source than either of its continental sisters, but as a compensation the influence of the University is greater there than in any other State. It is not easy to account for this ; unless the reason be that the affiliated colleges — Trinity (Church of England, 1892), Ormond (Presbyterian, 1881), and Queen's (Wesleyan, 1888) have always at- tracted students, while the three colleges of the Sydney University, St. Paul's (Church of England, 1854), St. John's (Roman Catholic, 1857), and St. Andrew's (Presbyterian, 1868) have for some unexplained reason never been popular. Undergraduates who live in colleges develop a stronger corporate feeling than those who are scattered in lodgings through a large city. The value of the Universities to Australia is that they have withstood the utilitarian ideal of education, and insisted on the importance of a ground-work training in what Scotsmen call the Humanities. In rendering this service to the cause of education they have occasionally come into conflict with the Departments of Public Instruction. Better relations have now been estabhshed between these two bodies. In New South Wales the Training College for Teachers is to be affiliated with the University. It is to be hoped that in time to come every teacher will have taken a degree. In Victoria since 1902 teachers at the Training College in Melbourne have attended University lectures and taken Diplomas in Pedagogics given by the University. Summary It is now possible to make an intelhgible survey of the progress of primary education in Australia. All the States at first left education to their Churches ; all, at various periods in their history, brought it under State control : Victoria in 1872, Queensland in 1875, 84 RELIGIOUS TEACHING South Australia in 1878, New South Wales in 1880, Tasmania in 1885, and Western Austraha in 1893. This was not a contagious movement, for each State, except Western Australia, which was undoubtedly influenced by Eastern example, — acted independently ; but it was a gradual evolution in response to the philosophy of the day, which drew a line of demarcation between " secular " and " religious " duties, and had a concept of " the State," as an abstraction different from the living people who compose it. The idea that common action might be directed to the spiritualisation of national life, as well as to enlarging its capacities, was wholly inconsistent with the current jargon. A great opportunity was thus lost, and there is now a danger lest the springs of life should be choked by materialism. There has been as much variety in the working of the system as in the dates of its adoption. Queensland was the first State to make education free (1870), Victoria followed in 1873, South Australia in 1891, Western Austraha in 1899, New South Wales in 1905, and Tasmania 1 (partially) in 1904. There has been even greater divergence in the provision of rehgious instruction. Victoria and Queensland have made their system frankly secular. Rehgious instruction may be given as a " fancy extra " in the children's play-time by strange teachers, but no idea must penetrate the schoolroom that all things are not what they appear. In New South Wales, Tasmania and Western Australia the teachers are required to give a general instruction in religious matters to all children, subject to a conscience clause ; and facilities are given to the clergy to give dogmatic teaching in school hours. In South Australia the teacher may read the Bible without comment for half-an-hour before the statutory hour of opening school. ^ Children under seven are educated free. Above that age a small fee may be charged. 85 THE COMMONWEALTH OF AUSTRALIA Practice and Ideals Far more important than the subjects of instruction are the efficiency and methods of the teacher. All the Australian States entrust the teaching of junior classes to pupil teachers, and all but South Australia have become enslaved by the examination system. A young country is exposed to two dangers in matters of the mind. First, lest a system, originally in advance of others, should be retained, after its day is past, from mere self-complacency ; and, secondly, lest a certain retardation of thought, caused by remoteness from intellectual centres, should prolong the hfe of theories which other nations have abandoned. In 1870 the " free, compulsory, and secular " system of Australia was probably the best in the world. ^ But, like all State systems, it had tended to become mechanical. None the less it remained " the best system in the world " to veterans, who recalled what it had replaced, and was accepted as such by the younger generation upon this assurance. When the control of Australian education passed to the States, a belief in the value of examinations was the mark of an educational reformer. Long before 1900 it was perceived that intellect could not be measured by marks, and there was a return to the ancient view that education meant not the acquisition of facts but the exercise of faculties. These views, however, did not prevail in Australia for many years. Like all Govern- ment departments, the Education Departments resented criticism and were averse to change ; while politicians would not willingly raise any education question, because of the religious controversies which are involved in its discussion. Every year increased the number of 1 This statement, of course, depends on the assumption which many people would refuse to admit, that instruction without religion deserves to be called Education. 86 THE PUPIL TEACHER teachers and officers who had been trained in the system and knew no other. One practice, however, was too absurd to escape criticism and too illogical to withstand a serious attack. The battle for educational reform centred around the pupil teacher. On this point it is difficult to write without appearing to reflect unfairly on a body of devoted men and women, who have given life-service to the cause of education. Yet there is no subject around which the mind should play more freely than the educational system of a young country, and criticism is directed to the system, not to individuals. Moreover, the movement in Victoria and New South Wales against the pupil teacher is a turning- point in the history of Australian education, and therefore cannot be passed over. The practice of employing senior pupils to teach junior classes, which was a legacy from the Irish National System, was adopted in the first instance from motives of economy, ^ and maintained, when this plea could be no longer urged, by professional esprit de corps. The practice was defended by pointing to the good teachers which it had produced — as if exceptional men would not show their merit under any system — but no attempt was made to justify it by reason. And indeed it is clear that the youngest children need the most experienced teacher, and require a patience and sympathy which boys and girls of fifteen or sixteen cannot possibly possess. The mischief only takes another form, if the " pupil teachers " are assigned to the higher classes. In either situation they lack the power to bring their minds to play upon the pupil's mind, and follow the progress of his growing intelligence. It is true that in the earlier stages of education a child learns by rote, without an apprehension of the meaning of the rules which he obeys. But, even ^ In New South Wales, e.g., Pupil teachers receive : Males. ^40 to /65 ; Females, £^5 to £AS a year. 87 THE COMMONWEALTH OF AUSTRALIA in this elementary form of mental gymnastics, there is large scope for the intelligence of a trained teacher. Directly teaching becomes dull, the words of a teacher make no more impression on a child's brain than the click of a machine. The mischief of the system was equally apparent in the Department of Education as in the schools — had anyone wished to perceive it. The practice of the Department was always to discourage the appointment of outsiders to any of its offices. The teachers were drawn from the scholars, and the higher appointments in the Department from the teachers. By this process the Department became a close official hierarchy, all the members of which had passed through the same routine and had been taught on the same system. This tended to create a narrow outlook. Education became a matter of departmental regulation, watched at every turn by departmental officers and administered by departmental teachers, who, if the system had not been altered, would in a few years have had neither enterprise, imagination, nor originality. There was a real risk, which is still present to the majority of the Australian States, lest too elaborate organisation should stifle intelligence, and education come to be estimated by the measurable results of an examination and not by its influence in forming character. By the pupil teacher system, teachers were drilled too quickly into the groove of official routine, and compelled to fix their minds at an age which is peculiarly susceptible to gen- erous impulse, on the sordid cares and narrowing duties of a professional career. Australians are often slow to recognise that the too early acquisition of the " tech- nique " of an art is one of those short cuts to proficiency which proves the longest way round. The Department itself endeavoured to avoid the danger of too early specialisation, by sending pupil teachers after four years to undergo a course in a training college in Sydney. 88 NATURE STUDY This, however, was optional, and most pupil teachers at once passed their examinations and took charge of a school. The movement for reform in New South Wales came from the teachers themselves in 1902. In that year three officers of the Department were appointed as Com- missioners to visit Great Britain, Europe, and the United States, and report upon educational methods. They recommended drastic changes, and their Report revived interest in educational matters. The opportunity was taken to re-model the educational system. By an Act passed in 1905 no new pupil teachers are to be appointed. But the chief reform is a new spirit of administration. Examinations are preserved only as a qualifying test, and Inspectors are no longer occupied with classifying schools according to the number of their marks. They have in- stead to help and advise the teacher to develop the intelli- gence of his pupils, and lay more stress on teaching a child to think, than on imparting knowledge. The methods of teaching, too, are changed. The concrete is substituted for the abstract, and the old " object " lesson is replaced by courses of nature study, so that the child may learn to understand the nature and significance of the things he has about him in his daily life. Plainly the elasticity and freedom of this system will make a larger demand upon the teacher than a system of routine, and it is here that the danger lies. Fortunately this has been foreseen, and careful provision made for the training of new teachers. These will be taught in future by the University, under special provi- sions, to ensure their training as competent teachers and in a college of their own. A somewhat similar system, though not so complete, had already been adopted in Victoria. In time, it is to be hoped, a University degree will be a requisite to entry to the teaching profession. The young people who now become pupil teachers will be 89 THE COMMONWEALTH OF AUSTRALIA admitted at the age of fifteen upon an examination to a two years' course of study at a high-grade school. On the completion of this course, pupils will be eligible to enter for an examination for admission to the training college. These reforms will take some years to mature, but they proceed on right lines. Indeed, perhaps the highest tribute to the old system is that it created the men who are constructing the new one. There still remains the question, are the Australians an educated people ? Indignation at the doubt may pos- sibly prevent an answer. Tried by the standard of the average man they are ; that is to say, they read news- papers, periodicals, good novels, and a percentage of serious books with more avidity even than Americans. But in the sense that the Greeks were an educated race, that is to say, that they have a national standard of culture and an instinctive dislike of what is false or ugly, they are no more educated than the English. They have a small number of educated men, though the crowd is both articulate and powerful. Enquire of painters, sculptors, writers, scientists, musicians, and even skilled artisans, and they will all give the same answer, that while the average standard in Australia is higher than elsewhere, there is little appreciation of the very best. The writer may be permitted to complete his criticism by quoting from a speech which he made at the Conference of School Teachers at Sydney in 190L " I believe you will agree that our educational system is too exclusively concerned with testing knowledge and falls short in the development of the imagination. We may not be able to teach the technique of any art in our public schools, but teachers whose own minds have been quickened by culture, can do much to waken the sense of beauty in their pupils, and to save Australia from becoming a Democracy without Art — which is Disorder. Certainly the future of the country is in your hands. Governments have 90 A HIGH IDEAL endeavoured loyally to fling wide the portals of the temple and the multitude has entered. They will next make higher education, not the perquisite and prerogative of the few, but the cheap possession of the many. Never- theless Australia will never gather the best fruit of this policy, unless the teachers form a high ideal of their own calling. Money can never remunerate you, nor ought money to be your object. Yours is the work of a brother- hood united by the same ideals, and as the coming of the Friars quickened England in the thirteenth century to a new life, so may your devotion to the work of teaching make our people less disinclined to thought, less dependent on sensations, and able to find these satisfactions within themselves. What a man is will then be of equal importance with what he knows or does." This quotation may end a critical chapter. One is permitted to express views once on any question, SU Se nvK ivSexerai. It had been easier to praise than to criticise, for there is much indeed to praise in Austrahan education. But within the narrow compass of this work there is not space to do both, and it is well sometimes to depart from the ruts. 91 CHAPTER VII THE PUBLIC LANDS : A WASTED HERITAGE Early Land Systems — The Wakefield Theory of Colonisation and the Agrarian War — The Orders in Council of 1847 — The Squatters and the People — -The Wakefield Experiment in South Australia— An Immigration Policy. Australia is no exception to the general rule that the history of a young country turns on the administration of her public lands. For a hundred and twenty-one years, — from the date of her origin until now, — the rulers of Australia have been passing land laws. All have been directed to the same object, — the prevention of large estates and the settlement of a yeoman population, — and yet the accretion of holdings continues, and absen- teeism becomes more frequent as monopoly extends. It speaks little for the capacity of the human race to profit by experience, that the agrarian troubles, which afflict Australia to-day, should be the same as those which vexed the souls of the Gracchi more than twenty centuries ago. Yet, great as the failure has been, it is unfair to put the whole blame upon unsuccessful legislators. Their mistakes and wrongdoings have been numerous, but they were often fighting against economic forces which are stronger than laws. To discuss their efforts in detail would be beyond this volume's scope, but some reference must be made to earlier legislation, before the existing system can be understood. Early Land Systems There was a " land question " within the first year of the settlement at Sydney Cove. Governor Phillip's Instructions (April 25, 1787,) authorised the grant of 92 THE FIRST SETTLERS land to convicts who had served their sentence (" emancipists,") but were silent on the subject of free settlers. In this, the Instructions reflected the divided opinion of the time upon the true meaning of the new colony. Governor Phillip himself had never doubted but that " the country will prove the most valuable acquisition Great Britain ever made." Like Sir Joseph Banks — the protector of the colony's infancy — Lord Auckland, and Lord Sydney, he had a vision of a new Empire to replace that lost by the American revolt. On the other hand, according to common opinion, the new settlement was only the substitution of Botany Bay for America as a convict prison. Lord Granville had inclined to the vulgar view. Land might be given to emancipists ; but seamen, mariners and other free settlers could wait until Phillip had reported on the capabilities of the country, and suggested conditions of tenure. The Governor reported promptly in favour of free settlers. The "Additional Instructions" (August 29, 1789) accordingly directed Phillip to issue a maximum grant of 150 acres to any non-commissioned officer or private of the Marine Corps, who would remain in the colony at the end of his three years' service. The Governor was also empowered to issue similar grants " to such other persons as may be disposed to become settlers ; " but the value of this concession to Phillip's insistence was destroyed by a prohibition to extend to the free settlers the same assistance, in sustenance and labour, which the State gave to the emancipists. Phillip was to " encourage free settlers," but he was " not to subject the public to expense." He might make his bricks, but he was to use no straw ! Phillip disobeyed the pro- hibition. He fed all settlers alike from the public store and assigned convict servants to them without distinction, 93 THE COMMONWEALTH OF AUSTRALIA a course which was approved by Dundas, Lord Grenville's successor. ^ Even this did not solve the earhest Austrahan land question. Both sets of Instructions had been silent about commissioned officers ; and these now asked for land as a reward for their services. Philhp, however, held strictly to the view that the title to land should depend on actual occupation, and on this point he was again supported by Dundas. Grants of land accordingly were jiever to be given as rewards for services, but with the sole object of inducing settlement. According to this rule the claims of the Marine officers must be refused ; because, as the War Office had already ascertained, none of them intended to remain in New South Wales. The case was different with the officers of the New South Wales Regiment, which Major Grose had been commis- sioned to raise in order to replace the Marines. Many of these had accepted service with the intention of making new homes and in the belief that they would be given land. Captain Mc Arthur was one of them. Phillip accordingly applied to the Secretary of State for Instruc- tions. Mr, Secretary Dundas' reply reached Sydney a fortnight after Philhp had left for England, and was dealt with by Major Grose, — the Commandant, who had become Lieutenant-Governor. ^ The same Secretary of State, Lord GrenviLe, recommended Phillip to remove the settlement from Sydney to Norfolk Island. He took no notice of the Governor's repeated warnings against an influx of convicts, but went out of his way to instruct the Governor upon a matter about which he could not possibly have any knowledge. The selection of Sydney was due to Phillip's sea-training, and that he stood by the site is one of the many gains Australia owes to her sailor Governors. Mr. Britton, editor of " The History of New South Wales from the Records " (vol. ii, p. 82), states that the voluminous corre- spondence of Lord Grenville contains no reference to New South Wales. Lord Brougham, who in 1803 published a treatise on " The Colonial Policy of European Powers," is also silent about this young settlement, which had then been formed sixteen years. 94 <\N 1 !■ ^1 If] THE TRAFFIC IN LAND The blame for what followed lies on the Governor and his advisers, and not upon the Secretary of State. Dundas, following Phillip's advice, permitted grants to the officers of the New South Wales Corps, but recom- mended that these should be made only for the purposes of settlement. Grose obeyed the letter of these instruc- tions ; he made the grants and was indifferent to the purpose. Dundas' despatch lays down with wonderful prevision the object at which all later administrators of the public lands have fruitlessly aimed, and his language is as apt to the circumstances of to-day as of his own time. " The grants," he writes, " must be made not with a view to a temporary but an established settlement thereon ; that is, comprehending such portions of land and in such situations as would be suitable for a bond fide settler, should it even come into the hands of another person." * In these words Dundas was but echoing Phillip, who had warned him against the mischiefs which must follow, if land became a merchantable commodity. " Experience," he writes on October 4, 1792, " has pointed out many inconveniences attending the receiving of men as settlers, who only look to the convenience of the present moment. With some the sole object of becoming settlers .... is to raise as much money as will pay their passage to Eng- land and then assign the lands to those who take them with the same view." Phillip would have stopped this traffic in land. Grose complained of it, but would not change a state of things so profitable to his brother officers. Mc Arthur had already got together 1,250 acres, when the maximum of any grant was 150 acres ! Surely Phillip's breakdown in health was one of the shrewdest blows that Fate ever struck Australia. It is one ^ The superior wisdom of the Home Government is illustrated by a clause in Phillip's first instructions forbidding any grant " to extend along the banks of any river." The disregard of this said rule was one of the chief irritants in the social war between squatter and selector. 95 THE COMMONWEALTH OF AUSTRALIA of many sad wanderings in the land of " might-have-been," to trace the different destiny of Austraha, had Philhp remained Governor but six months longer and adminis- tered Dundas' Despatch. Under Grose his policy was thrown aside, and the idea of duty permanently divorced from the o\Miership of land. Land became the chief source of private wealth, and although other circum- stances aided in destroying Phillip's high ideals, all, in the last analysis, were connected with the tenure of land. Grose was probably unconscious of the mischief he was doing. His policy was more political than agrarian, and his chief aim the subordination of the civil power to the military. To this end he encouraged every proceeding which gave wealth and influence to his regimental officers ; nothing gave more of both than the ownership of land. Grose, accordingly, although he could not give grants beyond the limits set by his instructions, facilitated the occupation of lands belonging to his officers, by an extra-legal assignment to each officer of ten convicts, victualled and clothed from the public stores. But the most profitable favour which Grose granted to his brother officers was the permission to trade on their own account^ and the right to draw from the Government stores as much spirits as they pleased at cost price. The influence of these " commissioned hucksters " on the fortunes of the colony and incidentally upon the aggregation of estates is one of the most curious episodes in Australian history. The use of spirits had always been a menace to the welfare of the early settlement. Phillip wrote in almost his last despatch " the permission of spirits among the civil and military may be necessary, but it will certainly be a great evil," and had he remained longer he would ^ Phillip had allowed the Corps to freight a vessel from Africa on their own account, when famine threatened. Grose allowed this exception to become a rule. 96 THE RUM CURRENCY probably have retained the whole supply in his own hands. " The passion for liquor," wrote Collins, the Judge-Advocate, " operated like a mania. . . . Men would do anything to obtain it . . . and while spirits were to be had those who did extra labour refused to be paid in money." A fortnight after Phillip had left, Grose purchased the cargo of an American ship and served rum as a daily ration. Convicts and emancipists alike became hke tigers who had tasted blood, and were insati- able for more. Grose conferred the monopoly of the supply upon his brother officers, who alone were allowed either to import spirit or buy it at cost price from the Government stores. Even distillation was forbidden, lest it should trench upon these privileges. As a salve to the public conscience, which even in those days could not be entirely ignored, the officers were forbidden to sell rum to convicts. The prohibition was futile. A Calcutta merchant named Campbell, who had a wharf upon the northern side of Sydney Cove, sold the liquor on the officers' account, and the prohibition of sales still left the officers free to use the spirit in payment of wages or as purchase-money on the sale of grants. Rum, in fact, became the only currency ; not only because it gratified appetites, but because it was the only tangible and immediate medium of exchange. There was no metal money in the colony. The £1,000 of silver sent in 1792, the few Spanish dollars brought by traders, and a triffing copper coinage, were used for foreign purchases and had by this time almost disappeared. Officers' notes signed by the Paymaster, and receipts by the storekeeper for goods sent into store, though of in- trinsic value, lent themselves easily to forgery or fraud. Rum for the time supplied a real commercial want and only the officers could fill it. They used their position as masters of the labour market, without scruple, to develop their own grants and acquire others 97 7— (»I33) THE COMMONWEALTH OF AUSTRALIA by purchase. The foundation of many large fortunes was laid by this monopoly of what are now suburban lands ; ^ and to this also must be attributed the over- crowding in alleys and slums which still exist upon the outskirts of the old town limits. The later history of land sales within city boundaries, though it shows the same incompetent neglect of public interests, lies apart from the main stream of Austrahan politics, and had no effect upon agrarian legislation. Governor Macquarie (1811) first disposed of the town lots by leasing them for terms of fourteen and twenty-one years. In 1829 grants of the fee were issued subject to a quit-rent, and leasing was abolished. Quit rents were then released (1846, 1849 and 1851) and absolute ownership became the rule. The loss to the State must by this time amount to many million pounds ; for the increase in the value of city lands, thanks to the expenditure of public money, has been almost beyond calculation. Indeed, the owner of an allotment in 1851 might have gone to prison for thirty years and emerged a millionaire, to be held up to the young by some Australian Smiles as an instance of " Self Help " and " Thrift." But it is with the administration of country lands that the history of Australia is bound up, and in this respect Philhp's sound principles were longer adhered to. He had shown in England the wool which had been grown on the natural pasture-land of the country, and the grant was promised him that he might further extend the work of sheep-breeding. Until McArthur returned from England in 1805, with permission to pick 5,000 acres to be held in perpetuity, and also to employ thirty convict shepherds, the value of country lands for sheep growing was unsus- pected. Governor King, in 1804, foreseeing the possibilities of this industry, endeavoured to secure a share for all ^ Allotments within the old town boundary were not sold until 1811. 98 EARLY LAND SYSTEMS citizens by establishing a common of pasturage in every district, " where a number of settlements had been fixed in small allotments," to be held " as common lands are held and used in that portion of Great Britain, called England." This device, though it proved unsuited to the large and migratory industry of wool-growing, was revived, perhaps unconsciously, in the South Australian Village Settlements in 1893. ^ The pastoral industry, indeed, rapidly overflowed the old limits of settlement, after Blaxland opened up the Bathurst plains and Hume the Goulburn and Shoalhaven districts. King's regula- tion was a dead letter at the time, though its effects have survived in the commons which still exist in such old settlements as Campbelltown and Parramatta. Governor Macquarie (1810-21) met the new situation by a scheme of licenses, which authorised graziers to drive their flocks to and fro, from pasture to pasture, — a system suggested by Sir Joseph Banks, " upon the analogy," says Mr. Rogers, ^ " of what is still done in the Sierra Morena and Abruzzi under survivals of the old Roman Law." Macquarie also gave free grants of land with great liberality. Whereas the whole of the grants by his predecessors only totalled 177,500 acres, he granted 400,000 acres. ^ His system of licenses had the ^ See p. 131. 2 Historical Geography, p. 115. ^ Even Governor Macquarie, though he put an end to the career of the military rum merchant, countenanced a deal in spirits in connection with the building of the hospital in Macquarie Street, which is now used as Parliament House. In consideration of finishing the building within three-and-a-half years the con- tractors were allowed to import up to 45,000 gallons of spirits, upon which their estimated profit was 27s. a gallon. Macquarie erected 250 public buildings and built numerous roads and bridges. He was the first to adopt a bold public works policy to develop the country. He aroused strong feeling in the colony by his almost extravagant attentions to convicts who had served their sentences, which were much resented by the " pure merinos," as the free settlers were called. " Official Year Book of New South Wales," p. 27. 99 THE COMMONWEALTH OF AUSTRALIA unexpected consequence of rendering itself unnecessary. The expanses of unoccupied land were so great that there was no need to move the flocks, and owners came to settle themselves by long occupation in defined areas. Personal licenses to graze thus became unsuited to the new conditions and were abolished in 1827. Meantime the seeds of a future struggle were being sown. Some far-seeing men perceived the coming conflict, and would have set aside defined blocks for agricultural settle- ment, and given leases of the pastoral lands subject to the rights of the Crown. The first step was to classify the lands. The territory was divided into nineteen coun- ties, covering 34,501 square miles and forming the " Old Settled Districts." Their inland boundary was defined by a surveyed line known as " The Limit of Settlement," beyond which no colonist might lawfully pass. Had suitable legislation followed, the history of Australia might have been very different. As it was, nothing was done to alleviate the just alarm of the pastoral licensees, who already foresaw in imagina- tion the resumption of their runs by the State for agricultural purposes or on the pretext of non-fulfilment of conditions, such as the obligation to cultivate 120 acres, and maintain thirty convicts for each 2,000 acres, which, suitable enough to the mixed farming of the county of Cumberland or Camden, had become ludicrously inappropriate to grazing areas. The pastoral- ists accordingly demanded the right to purchase their holdings. Permission was conceded in 1825. Sales were by private tender at an upset price of 5s. per acre, and of a maximum area of 5,000 acres. Purchases were supple- mented by free grants such as had long been made to favoured individuals. Five years later (1831) free grants ceased and auction sales replaced sales by tender. The upset price was 5s., raised in 1839, under Wakefieldian 100 THE EXPLORERS influence to 12s. and in 1842 to £\. Unsold portions might be taken at the upset price. The stimulus to alienation was very great. Still the problem was unsolved. It presented a new face. The very strengthening of the position of the pastoralists in the Old Settled Districts by these facilities for purchase, limited the opportunities of new-comers, who were driven, willy-nilly, across the Line of Settlement. There was no reluctance to embark on this adventurous passage. True, the pioneers went in advance of law, but it was for the law to foUow them, not for them to wait. The profits were great and the fascination of exploring even greater. The year 1831 inaugurated what is, properly speaking, the first " squatters' " period in Australian history. Mr. George Ranken^ thus depicts the situation: "The population was expanding, and the sheep and cattle were increasing still faster. . . . Impelled by a common impulse the pioneers headed for the boundary. . . Shortly they were pouring across the frontier in scores, north, south and west. In the course of a couple of years hundreds of adventurous pioneers had crossed the boundary. The Governor could not have prevented this, because all the pohce and military in Australia could not have guarded an open frontier 500 miles in length." These trespassers, — " a Bedouin Commonwealth in the inland grass country " — soon acquired cohesion and a name. They called themselves " squatters," after the outlaws who infested the inland frontiers of America. Governor Bourke took alarm, and passed an Ordinance in 1833 " to prevent the unauthorised occupation of Crown Lands being considered as giving a title thereto. Still the move- ment was not stayed, and in 1837 the situation was legalised by admitting the right to graze on payment of ^ " Our Wasted Heritage," by George Ranken and quoted by Epps, " Land Systems of Australia," p. 15. 101 r THE COMMONWEALTH OF AUSTRALIA a license fee and the appointment of a body of police to maintain the law in the outside districts. This measure closes the first epoch of agrarian legislation, as it closes the first epoch of Australian History. For Australia was now emerging from her tutelage. Her great needs then, as to-day, were capital and popula- tion ; and both were on the way. Bigge's Report (1823) had opened the eyes of English capitalists to the richness of the pastoral industry, and capitalists brought free labour into the colony, either at their own cost or aided by bounties. The great Land Companies ^ ("Australian Agricultural Company" (1824): "Van Diemen's Land Company " (1825) : " South Australian Company " (1837) led the way ; and half the proceeds of the land sales were earmarked in England for the same object. Australia was also being helped by a change of sentiment in England. Under the influence of the economists and various Poor Law reports (1817, 1822, 1824) colonisation became popular. It obviously diminished over-popula- tion, ergo, it was a cure for poverty. Finally, came a movement against transportation, which was con- demned root and branch by a Parliamentary Committee ^ The A. A. and Van Diemen's Land Companies were formed by Private Acts of Parliament to acquire, the one a million acres round Newcastle and on the Liverpool plains, the other half-a- million acres in the north-west corner of Tasmania. Their prospectuses are a curious medley of philanthropy and business. M'Arthur, who pulled the strings, knew his public. The declared objects were (among others) to import " Germans, Swiss and French in order to cultivate vines," Quakers and Moravians in order to inculcate industrious and moral habits, and " females " for purposes which were not particularised. In the final draft of the A. A. Company's prospectus " useful settlers " were substituted for " Quakers and Moravians," and the Company proposed to " assist the immigration of useful male and female settlers." The tenure of both Companies was Phillip's old system of conditions and quit-rent. The former, as every- one knows, were not enforced, the latter were soon released. (See Rogers' "Historical Geography," p. 111.) 102 A WISE DISCRETION in 1838. 1 It was, however, the land sales which proved the most effective instrument in the promotion of immigration. The waste lands of a colony have always been regarded in English law as part of the Crown demesne, which could only be dealt with by the local authorities by express permission. Thus, although the Legislative Council of New South Wales had been given control of taxation in 1828, it had no voice in the disposition of the proceeds of Crown Lands. These, in accordance with the pre- vailing theory, were used by the Crown in trust for the colony, for internal improvements and for promoting immigration. Free passages were given out of this fund and bounties paid to employers who imported labour. There was risk that this would lead to the unloading of paupers upon Australia by hard-pressed Boards of Guardians in England, and that the recipients of bounties would be careless of the quality of their imports. Australia, however, was well served by the English authorities, who exercised a wise discretion in the selection of immigrants. The increase of immigration under these combined influences was striking and immediate. During the six years, 1821-7, there had only been 600 free immigrants. From 1828-31 there were 1,500 ; and for the five years, 1832-7, 3,400. In 1838, when immigration to Canada was checked by the rebellion, 14,000 free immigrants entered Australia. Then came 15,000 in the two years, 1839-40, and 32,600 in 1841. The pace was quick but not, at first, excessive. ^ The assignment of convict servants ceased in 1838. There was no transportation to New South Wales after 1840. Attempts were subsequently made to found settlements for prisoners who were pardoned on condition of perpetual exile. The best known of these attempts was the disastrous expedition to Port Essington, which was promoted by Mr. Gladstone during his Secretaryship for the Colonies. 103 THE COMMONWEALTH OF AUSTRALIA Prosperity, however, begat over-confidence, and the colony 3^ielded to a frenzy of gambhng, which was stimulated by the loans of English investors and by the ever-growing balances of the Government account. Land being the only outlet for investment, land values rose beyond all reasonable discount of future requirements, until the inevitable crash in the forties put an end to both land-sales and immigration. It is outside the scope of this volume to describe the incidents of this commercial crisis, which are vividly portrayed in Mr, Tregarther's volume on Austraha in " The Story of the Nations " series. It is enough to note that this era of inflation marked an increase in the number of absentee owners, and introduced the new variety, who live in England either on their profits as owners or their interest as mortgagees. It also exposed the futility of the Wakefield scheme of colonisation, which must now be shortly explained, because it came upon the scene during this period as a new influence upon land legislation. The Wakefield Theory of Colonisation and THE Agrarian War During the second quarter of the nineteenth century England was in the grip of the pedant. The backwash of the French Revolution had brought theorists into favour and, for the first time since the days of the Long Parliament, the policy of England was directed by absolute ideas, which ignored both history and facts. The special object of veneration was the pseudo-science of Political Economy, which taught the gospel of regenera- tion by greed. While England was in this temper Edward Gibbon Wakefield, whose name deserves to be remembered by aU Imperialists with gratitude, — for by his prompting Lord Durham dispatched the expedition which secured New Zealand, — propounded an 104 COLONISATION elaborate theory of colonisation, which, although it bore no relation to any proved facts, was accepted by other theorists as a scientific truth. It is difficult now to under- stand the enthusiasm which this theory created. Its central point was that lands should be sold at a high price and the proceeds used to bring out labourers. It was said that this was the intention of the auction sales of 1831, which excited alarm among Australian pastoralists and led them to believe that the Act of 1831 was but the prelude to a future interference with their industry. Indeed, one of the chief causes of the dispersion of pastor- alists after 1829 beyond the " Limit of Settlement " was a fear lest Wakefield's ideal of a comparatively closely populated country, consisting of the three classes of proprietors, yeomen and peasants, was about to be established in Australia. ^ There was, indeed some danger. Governor Bourke endeavoured to damp the illusions of the Colonial Ofhce by a douche of cold fact, and wrote to Lord Glenelg that already the fear of the Wakefield system had driven settlers into the back country. He thus explained why the theory would never work in Australia, for "it is only by a free range over the wide expanse of native herbage which the colony affords that the production of wool can be upheld. The colonist must otherwise restrain the increase in his flocks or endeavour to raise artificial food." We shall have occasion to see the Wakefield theory once again exposed by facts in the case of South Australia. The twenty years which followed the great crisis of 1841-4 were the hey-day of the pastoral industry, and saw a struggle for supremacy between the squatter and the Crown, which left many traces in subsequent legisla- tion. The struggle began with the crisis. The squatters ^ A " Colonisation Society " was formed in London in 1831 to further the adoption of Wakefield's views. 105 THE COMMONWEALTH OF AUSTRALIA held that it was caused by raising the minimum price of land to twenty shillings. Sir George Gipps, one of the few Governors of real distinction, who held office before responsible government, ^ took the other view, that land sales had been unduly stimulated by loans. ^ " The colonists' cure was to repeal the Act of 1842 ; Gipps' cure was to pay debts." ^ Lord Stanley, at the Colonial Office, backed Gipps ; but the " political economists " had got the ear of the permanent officials. In 1842 an Act of the Imperial Parliament prohibited free grants, confirmed the practice of auction sales, and raised the minimum price to twenty shillings an acre. The proceeds were to be used in opening up new blocks of land for auction sale. This was the Wakefield doctrine in excelsis. But once more the situation refused to be controlled by a theory. Land-sales ceased from the scarcity of ready money and the unwillingness of English lenders, and the Act was repealed in 1864 almost before it became operative. In the meantime, to the vexation of the Colonial Office, the expansion of the pastoral industry continued and proved profitable. It needed, as Gipps saw, not prevention, but control. In 1843 he called for a Report from the Commissioners of Lands as to the best method of retaining for the Crown its title to the waste lands without injury to the occupiers. The terms of this reference expose the difficulties of the situation. The Commissioners were to " consider maturely and report 1 " King and Gipps were the only financiers whom New South Wales had seen . . . Gipps was unsympathetic towards repre- sentative institutions, and those brilliant exponents of the new democracy — Lowe, Wentworth and Lang — never grasped the economic, agrarian or financial problems of the day with half his clearness, so he was hated more than ever, because he was right and they were wrong in matters requiring mind." Rogers, p. 72-8. * Rogers, p. 119. 106 A STORMY PERIOD as to assimilating licenses to leases, the quantity of land which would suffice for 500 head of cattle or 5,000 sheep, and the limitation of runs, for each of which a separate license was to be taken, the encouragement of cultivation by giving an occupier a kind of right to purchase a portion of his run or otherwise, or to obtain secure possession for a term of years after occupation as tenant-at-will for a fixed term — say for five or seven years — and the pre- vention of irregular transfers or sales which are occurring frequently without the sanction or the knowledge of the Government." On receipt of this Report, Gipps issued a Regulation which required every pastoral licensee to purchase 320 acres of his holding at twenty shillings an acre, and gave in return eight years' undisturbed possession. Each successive purchase of 320 acres was to act as a renewal of an eight years' lease. The Reform was wisely conceived, but aroused democratic .clamour, because it had been promulgated without the consent of the Legislative Council. The squatters formed a " Pastoral Association " and expressed their views ^ by a Committee of the Council (1844). This Committee modestly demanded that the squatters should hold their lands for ever at a nominal license fee and that quit-rents should be abolished ! Gipps soon after left the colony (July, 1846). He had turned the deficits into sur- pluses by compelling payment of license fees and quit- rents ; he had seen the exports exceed the imports as the foreign loans were repaid ; and he knew that land- sales would recover. Under his rule Australia was precipitated into manhood. " Australian extension had raised," Mr. Rogers acutely remarks, " three political storms, — a storm over convicts, a land storm, and a trade storm, — which Australians alone could allay, and which forced Australians to think for themselves either as a nation or as nations." 1 " Historical Geography," p. 120. 107 THE COMMONWEALTH OF AUSTRALIA The Orders in Council of 1847 The squatters now changed the scene of the war to London, where a Liberal Secretary of State (Earl Grey) had succeeded Lord Stanley and there won for themselves the rights which Gipps had tried in vain to conserve for the public. A new Act of Parliament allowed leases to be granted, not exceeding fourteen years, under regulations to be afterwards drafted. This was, indeed, a setting of the cats to watch the cream, for regulations, if a Governor be pliable, could be administered with elasticity. They were comprised in Orders in Council, which reached the colony in 1847, and are the foundation-stone upon which every Australian Land Act has since been built. They divided the lands of the colony into three divi- sions, — the settled, intermediate and unsettled, — in which squatters could obtain leases for one, eight, or fourteen years respectively, at a rental determined in the two former divisions by the carrying capacity of the land and in the intermediate and unsettled districts by public tender. A pre-emptive right was given to purchase 160 acres in the settled and 640 acres in the intermediate district at £1 an acre, and it was provided that during the continuance of any lease of lands occupied as a run, no one but the lessee could purchase any part of it. Sales by auction were continued. By this means a squatter got a fixed tenure for a long term and the right to purchase any part of his holding at any time at twenty shillings an acre, while at the expiration of his term he had a pre-emptive right over the whole or any part of it. These Orders in Council mark the supremacy of the squatting interest. The system of tendering led imme- diately to grave abuses. There being no limit to the number of tenders which might be put in, bona fide squatters were exposed to blackmail by bogus competitions, 108 THE SOCIAL WAR and to grave risks from the dishonesty of the officials who were charged with examining and reporting upon tenders. The purchase clauses of the Orders of Council gave an easy means of putting together huge estates. Not requiring any purchase to be in one block, they allowed a squatter to "pick out the eyes of his run," and by dotting it with freeholds at water-courses, on river frontages or at other strategic positions, to render the surrounding land useless to anybody but himself. " There was then placed," says Mr. Epps^ "in the hands of a comparatively few men a power fraught with incalculable danger to generations yet unborn. Amongst the evils brought to the boom at this time, and which have since grown to the full development of maturity, was an absentee landlordism ; the locking up of land in the hands of a few which might have carried a population a hundredfold larger than its existing occupiers, and which would have doubled its productive power ; an unnecessary antagonism between agriculturists and pastor- alists : and, grossest of all, a highly immoral tendency which has since had a most pernicious effect both on the private and public life of the people." The truth of these words will be fully illustrated in the recital of the " Social War " which soon broke out between the squatters and the people. The Squatters and the People The squatting party did not use its surprising victory with moderation. The Orders in Council confirmed the sheep-lords in possession of their principalities ; yet they were not content. They had obtained the three " F's " of the Memorial of the Pastoral Association, — fair (i.e. pepper-corn) rent, free sales, and fixity of tenure, — but they wanted the fee simple. They had every reason to expect a satisfaction of this desire. The 1 " The Land System of Australia," p. 23. 109 THE COMMONWEALTH OF AUSTRALIA Orders gave a right, during the period of their lease, to purchase, practically as they pleased, any portion of their huge holdings, and a pre-emptive right to buy the unsold portions when their term expired. But long before their leases had run out, the antagonism of the public to the squatting class had become as strong and unreasonable as had been the feeling in its favour during the contest with Gipps. All classes, — sons of settlers, immigrants, disappointed gold-seekers, — wanted land, and the best land was occupied by sheep. After the grant of responsible government (1856) the battle-ground inevitably shifted to the hustings. " Free Selection before Survey " was an obvious political " cry," and not so meaningless as most. After one defeat Mr, John Robertson obtained a clear mandate from the electors to make a trial of this means of " getting back the people's birthright." The panacea was conditional purchase, on credit, without competition, of limited areas of land. But the land, which was to be thus selected by the yeomen class, was simultaneously, but by another Act (the Crown Lands Occupation Act, 23 Vic, No. 2), assigned under lease to another class, — the pastoralists. The leases were for one year in the settled, and five years in the intermediate and unsettled districts ; but as every leasehold was open to selection, the tenure in reality was weekly, — that is to say, from Thursday to Thursday, — Thursday being the day when Crown Lands Agents received applications from selectors. " The policy," say Messrs. Morris and Ranken in a Report of an Inquiry into the State of the Public Lands and the Operation of the Land Laws made by them as Royal Commissioners in 1883,1 "offered for sale to one class of occupants the 1 Leg. Council papers. C. 66-a, 1883. This report contains full information on the war which was waged for thirty years between the selector and the pastoralist. It is one of the most instructive and interesting documents ever published by an Australian Government. no DESPERATE REMEDIES same land which was simultaneously assigned under lease to another class. There was no partition of the soil to provide for both classes. There was abundant space to satisfy all reasonable wants then, as there is yet (1883) ; but this self-evident method of meeting the requirement was not adopted. Thus four separate forms of tenure were instituted by law, each authorising the occupation of the same ground. The avowed purpose of the Act was to substitute a large number of yeomen farmers for the squatter, and this was to be effected by each individual selector appropriating such portion of the squatting leasehold as he might choose. . . Thus, a squattage, though a holding recognised by law, could be obliterated at any time if a sufficient number of selectors wanted the land.''^ The remedy was desperate, but so was the disease. A Return obtained by Gipps in 1845 showed that four squatters then occupied between them 7,750,460 acres, and that the fifty-six largest holders occupied 12,110 square miles, and the fifty-six smallest 677 square miles, in what is now the Central Division of New South Wales. The tendency to concentration had increased and not diminished since that date, and protective purchases of picked spots had rendered huge areas useless to any but the run holder. 1 The main provisions of the Act (Crown Lands Alienation Act, 23 Vic, No. 1), continue to this day in the Land Legislation of every State. It provided, that any person might select from 40 to 320 acres (raised to 640 acres in 1875) of any Crown lands {i.e. lands not alienated in fee as town or suburban or reserved lands) at a fixed price of £1 an acre, by paying a deposit, which at first was 5s. per acre, but has been reduced by later Acts to Is., and paying the balance by annual instalments which later legisla- tion allowed to be indefinitely delayed if interest were paid. The selector had to reside a fixed number of years, at first three, now five, and effect improvements to the value of £1 per acre. All owners of selected or purchased lands were allowed " pre- leases," i.e., a pre-emptive right to lease adjoining land to the extent of three times their freehold. Later Acts contain many complicated provisions to enable a selector to get grazing rights over a sufficient area to maintain himself and family. in THE COMMONWEALTH OF AUSTRALIA In the settled districts, near the coast, the Free Selec- tion Act has justified the expectations of its sponsor. There the squatter had already a secured freehold and only his adjacent grazing right was open to selection. This, though useful to him, was not necessary ; and he was thus not under the stringent influences which urged the lessee outside this district to a desperate defence against selection. " The latter had to face the law of 1861, with his whole station liable to be confiscated, excepting such pre-emptive portions as he might have acquired under the Orders in Council. The two classes of properties were thus under totally different conditions. The owner of the first, safe in his grant, when he tried to get more land, acted solely from the instinct of acquisi- tion, and went to no extreme or imprudent length ; the last acted under the not ill-founded conviction that he ' had to fight for his Ufe.' " i The " Settled Districts " too, were largely a " poor man's country," where good land and proximity to markets made small farming profitable. The selector seldom wanted to acquire his whole square mile and squatters did not need unwieldy areas. The case was very different in the intermediate dis- tricts. There all the important interests of the colony were arrayed against settlement. The lands under pastoral occupation were no longer primitive wastes. Many of them had been held continuously for years, under licenses, before the Orders in Council granted fourteen years' leases ; and a steady progress had been made in improving their carrying capacity by means of costly improvements, effected with the money of the banks or mortgage companies, which now saw their security about to be destroyed. The Act of 1861 could not obliterate the financial and business interests concerned in squattages. " Squatting as a ^ Morris and Ranken's Report, p. 7. 112 "A RIFLE AND A HARNESS CASK'' productive enterprise," say Messrs. Morris and Ranken, " had been as it were cemented with the commerce and banking of the colony. In reahty, so far from the squatter being a mere nomad or trespasser — as pohticians sometimes urged — and his work a mere abuse of the pubUc estate, he was the chief producer in the community, and was carrying on the principal industry of the colony in the way that the law permitted. . . . These stations had a substantial value in a national sense. No more destructive scheme could be devised for their injury as securities, than the law that gave every man the right to appropriate where he chose a portion of the squatting lands ; and there was no consequence more certain than that the conservators of the national earnings, the banks, would in their own interests, aid the lessees in defence against selection." Money was poured out like water to secure the runs. Auction purchase was the favourite weapon. In one case, mentioned by Morris and Ranken, the pur- chase of 27,000 acres, in forty-acre blocks, scattered broadcast over the run, effectually secured an area of 258,000 acres. " It is impossible," remarked the Com- missioners, " not to admire the skill displayed in letting these blocks fall exactly where they were wanted. No general ever posted his troops in more impregnable positions." Did a selector once gain a footing he could be harassed by actions of trespass, if he could not be so effectively hemmed in by purchases that he would be compelled to sell to the squatter upon any terms. Some selectors, however, made a business of blackmail and selected in order to be bought out, living meantime upon the squatter's sheep. A " rifle and a harness cask," said one injudicious member of the House of Assembly, " is all the capital a free selector needs." Others selected for the purpose of establishing sly grog shops ; or watched until the lessees began to excavate tanks and then, 113 8— (2133) THE COMMONWEALTH OF AUSTRALIA before £40 had been expended, ^ selected the ground behind their back. But the number of these robbers was small in comparison with the great number of honest and hard-working men, who needed land, and were frustrated by chicanery and fraud. Such grievances are not forgotten even in a second generation, and still inspire the bitter feelings against the squatter class. One of the weapons used most freely in this social war was " dummying," i.e., the selection of land by persons friendly to the run, who would sell out to the squatter when he had completed the conditions. The law made this a criminal offence, whereas the bush code considered it an act of duty towards a friend. The selector must make oath on application, that he is selecting only in his own interest and not for another. The oath is made without compunction by men who pay the deposit with money advanced by the station, knowing that the improve- ments will be paid for from the same source, and that they themselves will sell out for a lump sum directly the law permits. Everyone in the district knows of these proceedings, but condones the perjury. Dummying is almost universal, but only one person has been punished for the " misdemeanour," and that upon his own con- fession. This is probably the worst effect of the Act of 1861. Besides dividing the rural population into two hostile camps it has, in the words of the Royal Com- mission already mentioned, " tarnished the personal virtues of veracity and honourable dealing by the daily habit of intrigue, by the practice of evading the law, and by declarations in defiance of fact universally made. It is in evidence that self-interest has created a laxity of conscience in all matters connected with the Land Laws, ' Land improved tO;^40 a section was exempted from selection. Bogus improvements certified to by corrupt Inspectors was a common method of securing a run. In one instance a house on wheels did duty as " the improvements " on many sections. 114 THE CONFLICT CONTINUED and that the stain attaches to men of all classes and all degrees." ^ Nor was the Act a success in setthng population on the land, except as has been pointed out, in the Settled District. Of the 62,085 applications for residential selections, which had been made under the Act of 1861 up to 1883, not more than 20,000 represented real settle- ment. The balance had been transferred to the squatter and helped to swell the eighty freehold estates of 40,000 to 300,000 acres which were put together between 1861- 1883. It will be seen that later legislation has not produced a more satisfactory result. The Act of 1884 (amended 1889) made a new division of New South Wales into Eastern, Central, and Western Divisions, and gave squatters in the former two divisions, renewable leases of half their runs. This leasehold area was closed to selection during the currency of the lease ; the other half — " resumed area " — remained open. This was but a patch on the old garment, though it covered half of the worn-out place, for the conflict between squatter and selector continued as before, over an area dimin- ished by one-half. The administration of the lands was decentralised by these Acts and entrusted to Local Boards, presided over by a nominee of the Crown and consisting of two other members, one representing the squatting and the other the selector's interest. This local machinery has worked well. Still the aim of all this legislation was not achieved, and the large estates increased quicker than settlement. From 1895 onwards various tenures have been introduced, too complex for description in this volume, but all directed to securing a " living area " for the small settler and by strict pro- visions as to residence and improvements preventing alienation. There is a marked tendency to favour the leasing of Crown Lands in small areas for long periods. 1 Report, p. 29. 115 THE COMMONWEALTH OF AUSTRALIA The most striking tenure is the Homestead Selection. Lands are measured into blocks, each large enough for one family. They must be taken as measured up to 1,280 acres. Additional holdings may be acquired, not neces- sarily adjoining the original holding, sufficient in the opinion of the Land Board for the maintenance of the applicant's family in average seasons and conditions. The tenure is freehold subject to a perpetual residence and perpetual rent, assessed every ten years on the unimproved capital value of the land. Transfer is not permitted during the first five years, and each successive transferee is required to live on the land while he holds it. Tenant-right is given in improvements, and the holding is protected against seizure under any legal process. Holders of conditional purchases can convert their holdings into Homestead Selections. " Improvement Leases " also deserve notice. They are granted for twenty-eight years of an area not ex- ceeding 20,480 acres of "inferior land" at an annual rent. During the last year of the lease the lessee may convert into a Homestead Selection of 640 acres for a dwelling-house. The Western Division is administered separately by a Board of three Commissioners, and is held on forty-two year leases reappraisable every ten years and not less than 2s. 6d. per square mile or more than 7d. a sheep on the determined carrying capacity of the run. Auction sales have been limited to 200,000 acres per annum. The land legislation of Victoria, Queensland, and Tasmania has followed the same lines as that of New South Wales, and practically the same form of conditional occupation with deferred payments is in force. The feuds between selector and squatter have not, however, been so bitter in any of these three States, — in Victoria, because the best land had been already acquired by purchase before free selection was introduced (compare the settled 116 LAND SYSTEMS districts of New South Wales, sup. p. 112) : in Queens- land the area is sufhciently large for both, and their interests do not clash in the pastoral country : in Tas- mania, because the only land not purchased was suitable for small holdings. In all these States, however, the best lands are classified or surveyed before selection is allowed or else limits are set beyond which selection is inadmis- sible. The mischief of indiscriminate selection before survey has thus been avoided. The land systems of South Australia and Western Australia demand separate notice. The Wakefield Experiment ^ in South Australia South Australia was established to carry into effect the theories of colonisation which were so persistently expounded by Gibbon Wakefield, of whom mention has already been made. In order that the colony should be self-supporting from the start, the Commis- sioners entrusted with its foundation were to sell £35,000 worth of land and raise a guarantee fund of £20,000. The land was to be sold in sections of eighty acres at £1 an acre, with a town allotment added, making the total cost £81. The Act authorising the venture was passed on August 14th, 1834, but by December 2, 1835, not more than £26,000 worth of land had been sold, and, the price was reduced to twelve shillings an acre. One of the Commissioners had by that date negotiated a loan of £30,000 at ten per cent. The Commissioners, though enthusiasts, were men of business. Two or three of them, including Mr. George Fife Angas, conceived the idea of financing the scheme by means of a " South Australian Company." They made up the balance of the purchase- money, buying from £9,000 to £10,000 worth of land at ^ The materials for the history of the foundation of South AustraUa are to be found in Mr. John Blacket's " Early History of South Australia," which has been freely drawn upon. 117 THE COMMONWEALTH OF AUSTRALIA twelve shillings an acre and sold this to the Company for a pound. The required money having been thus obtained, the pioneers left England, after a farewell meeting in Exeter Hall to found " the Holy City " ^ in the southern hemisphere. They reached land on July 27, 1836 ; but, as Colonel Light, who was to fix the site of the capital and lay it out, did not arrive for a month later or come to a decision hurriedly, the Wakefield doctrines could not be put into force immediately. The theorist had declared that, if the price of land was fixed sufficiently high and the proceeds spent on immigration, there would be a constant supply of hired labour for the cultivation of the land. The colonists found that large areas of land were being bought for speculative purposes ; and that the pro- ceeds of the sales, instead of being employed on repro- ductive public works, were spent in bringing out new mouths to feed. The immigrants were not capitalists ; and men and women without means could do better on their own allotments than by working for others. Later, in 1840, when the British Government advanced the Commis- sioners £200,000, the situation became more puzzling — to the theorist. It then became more profitable to work for wages than to cultivate the soil ; and men, who should have been growing wheat, were employed in building public offtces ! " Immigrants keep pouring in," com- plains " a gentleman from Adelaide," in the London Times, and yet the increase of population seemed but to increase the rate of wages. In truth, the colony was living on its borrowed capital. The inevitable result followed. The Governor's drafts on England were dis- honoured and but for the fortunate discovery of copper (1842) and other minerals the colony must have been abandoned. The Wakefield system had proved a mere delusion. If new settlers have capital they can employ it most profitably on the land. In Australia the ^ Adelaide is so called by reason of the number of its churches. U8 I >-) FAILURE OF THE EXPERIMENT profitable uses of land required then, and in many parts requires still, a large area. But, if the upset price of land be fixed unduly high, either the capital of the employer is diminished or his means of giving employ- ment are straitened. If, on the other hand, the immi- grants, as is usual, are people of little means, what becomes of the nicely-graded society of landlords, yeomen, and labourers, which the Wakefield scheme was guaranteed to reproduce in a young country ? In South Australia the people hung about the city and refused to cultivate their lands, in spite of the utmost efforts at compulsion of Governor Gawler (October, 1838 — May, 1841). Even persons who were willing to go upon their lands were delayed by the difficulties of survey. ^ The lands at this time were disposed of by sealed tender at a fixed minimum of 12s. per section, which was soon raised to 20s. By 1843, 323,000 acres had been sold by this method. When the colony had come through the crisis, thanks to the discovery of copper, the lands came under Earl Grey's Waste Lands Act of 1846, which brought such disaster to New South Wales. The Governor was of a different stamp to Sir Charles Fitzroy, who had presided in New South Wales over the administration of the same Act, and his advisers were not squatters. The colony was divided into districts 1 " It was innocently believed that these pioneers would at once settle down into an old country groove, with distinct lines of demarcation between the various professions and occupations ; but the site of the capital city having been decided upon, the people, instead of cultivating the available land, formed them- selves into a town community and speculated in town lots which rose rapidly in value. Few seemed to think of the future. .... When the inevitable smash came, two years later, most of those who had arrived in the colony with considerable means were penniless, everything having been spent in the cost of living." (Epps' " Land Systems of Australia," p. 118.) There were not wanting critics to expose the fallacy of Wake- field's proposal. The Times, for instance, from the first, attacked the scheme with ridicule and argument. 119 THE COMMONWEALTH OF AUSTRALIA as the Act required. The method of disposing of land by tender was not allowed in the settled districts, which already enjoyed Local Government. Outside of " the hundreds," lands were leased for fourteen years at rates varying from 10s. to ;^1 per square mile. Thus far the administration of the Act was not different from that in New South Wales. But Sir Henry Young held firmly to Gipps' doctrine that the rights of the Crown in the waste lands ought to be preserved. Accordingly every lease in South Australia reserved " the right of the Governor at any time to sell, reserve or otherwise dispose of the whole or any part of the land so depastured " ; no pre-emptive right was given to the lessee ; he could claim neither renewal or compensation for improvements ; and as the march of population brought any portion of a lease within " a hundred " it automatically ceased to be part of the run. The lessees were content to rely on the good faith of the Crown not to exercise these powers arbitrarily to their detriment. One of the first Acts of the first elected Parliament (1856) was to provide for the offering of land in 640-acre blocks, which could not be put up to auction until after survey. The practice hitherto had been to dispose of lands only by sale for cash, either at auction or by tender. This, while advan- tageous to the revenue, was felt to be a hindrance to small settlers, and in 1869 Strangway's Act introduced sales on four years' credit (extended to five in 1870), coupled with a condition of residence. Purchase before survey was not allowed. The Land Act of 1872 allowed selection inside of an imaginary line, which was supposed to sepa- rate the country of good from the country of insufficient rainfall. After 1874 this limit was removed. Still no selection was permitted until after survey. Yet even these precautions did not stop the aggregation of large estates. The absence of restriction on the number of credit pur- chases which one man might make, and the allowance of 120 STEADY ADMINISTRATION such purchases in areas unsuitable for agriculture gave the monied men, with the aid of the banks, the opportu- nity they needed. At the same time bad seasons brought failure to those whom no warning would deter from credit purchases in lands which lay beyond the limit of reliable rainfall. Parliament granted relief to these unfortunates from time to time by remitting their pay- ments, and Ministry after Ministry attempted to devise a tenure which would be suitable to the hard conditions. ^ The laws were consolidated in 1903. The system differs from that of the eastern States in not recognising con- ditional purchase. The favourite tenures are leasehold, either perpetual, with periodic reappraisements, or with a right to purchase. Auction sales are practically confined to town and suburban lands. That the land laws have worked with less friction in South Australia than elsewhere is partly due to the character of the soil, which, while in parts suitable for wheat-growing and involving no expense in making ready for the plough, is, in the greater part of the State, owing to the irregular rainfall, more suited to pastoral occupation. Credit, however, must not be refused to those political leaders who had the good sense to avoid the mistakes of other colonies and the courage to protect the public interest. An Immigration Policy Western Australia was " the horrible example " of the Wakefield doctrinaires, who, eight years later, founded South Australia, warned by these failures. Founded hurriedly in 1829, in order to anticipate the French, the land system of the new colony was crude and unintel- ligent. Free grants of immense areas were given to the founders on the understanding that they would introduce ^ Detailed information on the early disposal of Crown Lands is contained in a Report by the then Surveyor-General, Mr. G. W. Goyder, which was published as Parliamentary Paper, No. 60, of 1890. The writer has made free use of Mr. Epps' Summary. 121 THE COMMONWEALTH OF AUSTRALIA immigrants at their own expense. Captain Stirling, the first administrator, was given 100,000 acres, and Mr. Peel, the leading spirit in the enterprise, 250,000 acres, in return for which he undertook to bring out 400 settlers. Others were treated with equal liberality. The whole area granted was a million-and-a-half acres, and as every grant was marked off at the Colonial Office from the boundary of the proposed site of the capital city, the only land available for new comers lay outside the boundaries of an irregular parallelogram, at a great distance from the city and the port. Even when they were thus planted in the wilderness, settlers were so scattered that they lost one another, and immigrants brought out to work could not find their employers. Still hope made promises. Grants of land were offered freely in London to intending settlers at the rate of forty acres for every £3 of capital, and 200 for every labourer introduced into the colony. By 1830 nearly 1,800 immigrants had landed. " They camped in sight of the shipping and remained there ; for they could do nothing else. The farming implements lay on the beach, and the famihes, who had come to form the society of the place, attracted by the fictions of the pamphleteers, found that they were turned adrift without the necessaries of life on the edge of a wilderness. There was neither live- stock nor any other means of turning the soil to imme- diate use. Scenes of destitution followed. Young ladies spent their time catching fish as they saw the black " gins " do, to save their parents and themselves from starvation. Numbers left in despair. The others forged slowly ahead. At every turn, however, progress was delayed by the free grants. In 1832 the Colonial Office adopted the New South Wales method of selling land by auction at the upset price of five shillings an acre. " The immediate result," reported a Parlia- mentary Committee in 1838, " was a sudden and almost 122 VARYING METHODS total stop to emigration. From that time up to the present (1838) few people have arrived except those that have come to join their friends or have been in some way connected with the place." i Up to 1838 only 20,663 acres had been sold by auction. Lord Glenelg tried to tempt labourers by free grants to all who would pay their own passage, and a Western Australian Company formed (1838) on the model of the South Australian, sold 100 acre lots at £1 per acre. When the purchasers reached the colony they found the market price was 2s. 6d. — so eager were the first grantees to sell! Nothing, how- ever, convinced the theorists, and, under Wakefieldian influence, the upset price was raised to 12s. in 1839 and to 20s. in 1840. Naturally this put a stop to all sales of land except by private owners. After the lands had been divided into towns, suburban and country (1843) they became subject to Lord Grey's Waste Lands Act of 1846. The merit of this measure was its elasticity. It could be perverted, as in New South Wales, to the profit of one class, but it could also, as in South Australia, be used to protect the public. Everything depended on the Regulations. In 1849 Lord Grey took the wise step of referring these to a Committee of leading men in the colony before they were promulgated. There was a division of opinion. All, however, agreed in favour of " tillage leases " and a division of the colony into agricultural and pastoral districts. The suggestions were accepted and the country divided into A lands and B lands. The latter were open to lease for pastoral purposes for a term of eight years at a rental of £5 per 1,000 acres and 10s. per 1,000 for every additional area of that size. The A lands were leased in amounts not exceeding 320 acres at Is. an acre per annum for eight years, and subject to conditions as to cultivation. The B lands were leased for pasture purposes in larger areas. The tillage leases 1 Quoted by Epps' " Land System of Australia," p. 105. 123 THE COMMONWEALTH OF AUSTRALIA were for many years a notable feature in the land system of Western Australia. The details of this measure were modified, without affecting its principles, in 1864, and special inducements were offered to pastoralists to stock the northern portion of the colony. In 1898, eight years after the colony had been granted responsible government, it adopted the principle still in force, of free selection before survey, in pursuance of its policy of offering settlers greater facilities than those which were offered in any other state. Thus land can be acquired by conditional purchase, either for agriculture or grazing, either with or without residence, and either on credit or for cash. Homestead farms of 160 acres are granted free to any person, who does not already own 100 acres in the colony. This provision is proving a great attraction to immigrants both from England and the eastern States. A lease for pastoral purposes does not put the land beyond the reach of an intending settler, but, as in New South Wales before 1884, all such leases are open to selection. The mischief of this creation of conflicting interests is much mitigated by a provision which gives the squatter, — as against the selector but not as against the Crown, — a tenant right in his improvements, the value of which, as ascertained by arbitration, must be paid by the selector before entry. The dispersion of population by these wise measures, and the social and industrial changes brought about by the discovery of the goldfields, have considerably dimin- ished the influence of the descendants of the original landowners. But, until the introduction of responsible government, they were supreme, and "five families" controlled the State. Land gives a greater political influence in a growing country even than in England. The original free grants were an obstacle to progress, which Western Australia did not overcome for sixty years. 124 CHAPTER VIII " BACK TO THE LAND " The Cry for Land — Experiments in Settlement — Assistance to Settlers — How the Land is Held To-day. The Cry for Land The common objective of all Australian land systems was, as has been said, Settlement. In the late 'eighties, and more deliberately throughout the 'nineties, a new impulse stirred all Parliaments. The land was to be the great instrument of social amelioration ; and Mother Earth the refuge from all social tyranny. " Back to the land " was a cry in every mean street ; and city dwellers, indifferent to the secular struggle between squatter and selector, demanded land for themselves on suitable conditions. The public lands were not to be dealt with commercially and for a profit, but as the birthright of all, so that every man might have a chance to earn his living and none be unemployed. And if Parliaments responded too slowly to these demands, there was always Lane's " New Australia " in Paraguay, ^ where Socialism was to make a new heaven. The new move- ment was not a selfish one. It was a time of dreams and enthusiasms. The Labour Movement, which has given Australia its distinctive place among the nations, was born in those days of illusions and still owes its force to the faith of those who believed their dreams to be true, and the self-sacrifice with which they tried to make them so. Experiments in Settlement The agrarian-social legislation, of which we must now ^ In 1893 William Lane left Queensland with some 300 followers to found a Socialistic Community in Paraguay. The movement had been incubating since 1889. 125 THE COMMONWEALTH OF AUSTRALIA speak, synchronised in every state with the collapse of credit which obtained between 1890 and 1893. The pace throughout the 'eighties had been too quick, and railways and other public works had been constructed out of the proceeds of land sales and loans, beyond the requirements even of the influx of assisted immigrants. The land laws also played a part, by compelling the financial institutions, for the reasons which have been already mentioned, to make large advances to squatters for the protection of their securities. To meet this demand for cash they took money on deposit from English and Australian investors. These being for short terms and the advances being necessary for long periods, a crisis was inevitable, whenever the depositors might demand their cash. For the time, however, the discovery of new mines {e.g., Broken Hill and Mount Morgan), the conquest by the pastoral industry of the illimitable west, and the general increase in production during a series of good seasons, justified confidence. Australia had again become popular ; and foreign capital filled its channels of investment. All might have gone well if the people could have resisted the temptation to speculate in land. Profits, however, seemed so certain — from the rise in value, which was inevitable if population had continued to increase at the same rate — that this was not to be expected of human nature. Unhappily the banks fostered, instead of discouraging, this form of gambling. At first they financed companies, which, calling themselves " Building Societies," bought city and suburban land in blocks and sold it in allotments on credit. The profits, on paper, were enormous, and at last the banks advanced money directly to their customers to be used in the same way. A warning came from Adelaide in 1887 but was ignored by the Melbourne speculators. Then the building socie- ties went down (1891) and in 1893 seven banks suspended payment in Victoria, two in New South Wales, and three 126 RESULT OF THE LABOUR CRISIS in Queensland. The future had been so freely discounted that Melbourne did not for a dozen years grow into the buildings which were erected in these years of " boom." With the financial crisis came a labour crisis. The public works policy of the preceding decade had raised the wage-earning class to the zenith of their prosperity. The inevitable retrenchment brought them to the " nadir of their discontent." ^ A general strike of seamen in 1890 and another of shearers in 1891 were defeated after a long and bitter struggle. The workmen, beaten in the use of this weapon, sought victory by political action, and the Labour Party suddenly became a power in every state. Its influence was at once felt in agrarian legislation, and Socialist experiments in land-holding date from this period. The first step was made, on individualistic lines, by South Australia in 1888, in the passage, at the suggestion of Mr. Cotton, of an Act to leave Crown Lands with the right of purchase, in blocks not exceeding 20 acres, to " men who gained their livelihood by their own hands." The idea of these " Workmen's Blocks " was to provide artisans with an alternative means of livelihood and give them an opportunity of making homes for themselves in their spare hours. The experiment has achieved consider- able success. In six years 1,544 of these blocks had been leased, representing an area of 24,731 acres and returning a rental of £2,208, or nearly Is. lOd. per acre. There has, of course, been some " dummying," but the majority of the block-holders are bond-fide occupiers. When the crisis occurred in the other States the day for individualistic measures had gone by and therefore the South Australian example was not followed until a full trial had been given to Socialist remedies. Western Austraha (1898), Victoria (1900), and New South Wales (1902) have now all passed similar enactments. The 1 Rogers, p. 169. 127 THE COMMONWEALTH OF AUSTRALIA measure has not yet succeeded in Western Australia and New South Wales as it has in Victoria, where population is more concentrated and good land adjoins the towns. Three areas there have been set apart for Workmen's Blocks since 1900. That at Brunswick, a suburb of Melbourne, has abundantly justified the scheme. Fifty-six holders have been settled on 91 acres ; none are in arrears, and the value of their improvements exceeds the cost of the land. Other settlements further from the capital (Warnambool and Leongatha) have not been so successful. The Leongatha settlement was only kept open for five months (April to Sept., 1903). It is now used as a place of relief for casual destitutes, who are allowed to earn a few days' livelihood by light field work. No one may remain after he has earned £1. In this way the colony has been of service to the deserving destitute, and a deterrent to the professional " unemployed." The Closer Settlement Acts (1904, 1906) also make provision for establishing Workmen's Blocks on portions of resumed estates. It has been observed that the other States did not follow the example set by South Australia until the Labour movement had spent its first force. Until that time their remedial measures were drawn on Socialist lines. Yet, even during this period, the " Socialism " of the Austra- lian Labour Party, as manifested in its agrarian legislation, was different in principle and practice from the Socialism of Europe. It was a Socialism more of instinct than of reason. " Mateship " was its dominant idea, not spoliation ; and the belief was strong that the " New Australia," from which self-interest should be exorcised, need not be sought so far as Paraguay. In one and the same year Queensland, New South Wales, Victoria, and South Austraha — Tas- mania lay outside of the industrial crisis — sanctioned sales or leases of land to " village communities." 128 LABOUR SETTLEMENTS "co-operative communities," "homestead associations," and " labour settlements." Their object was expressed, perhaps a little crudely, by the Minister for Lands for New South Wales, as being, " to allow people of, say one religious persuasion or one nationality, or any other particular fad, to go together, frame their own social laws, and have their own community." ^ Expression was given to this desire in New South Wales by the establishment of " Labour Settlements." These communities were to consist of selected persons, who were to merge all their individual rights in the common welfare. Although each settler had his own allotment and received a maxim.um advance of £25 from the State to enable him to work it, his profits were to be pooled and he received no more than one man's share of the total profits made by the community. The distribution of the profits was regulated by a Board of Trustees, who chose the settlers, prescribed the work which each one was to do, and generally made regulations in the common interest. Every member of the community was jointly liable to the Government for the repayment of all the capital advanced after the lapse of four years by yearly instalments. On June 30, 1906, only two of these settlements had survived : one at Bega in the Illawarra district, the other at Wilberforce in the county of Cumberland. At Bega thirty-one settlers occupied an area of 1,360 acres and supported 171 dependents and labourers. A sum of £2,421 had been advanced by the State, and the value of the improvements exclusive of crops was £2,296. At Wilberforce eleven members occupied 409 acres and supported forty-one dependents. The State had advanced £2,495 and the improvements exclusive of crops were £2,360. In both settlements the communistic regulations ^ This speech did not escape Mr. J. D. Rogers. " Historical Geography," p. 198. 129 9— (2133) THE COMMONWEALTH OF AUSTRALIA had been relaxed ; and, except that there was a joint liabihty for the sums advanced by the State, every settler worked independently and for his own profit. Victoria in the same year (1893) provided for three kinds of rural settlement : " homestead associations," " labour colonies," and " village communities." The " homestead association " was a modification of the Wakefield idea of concentrated settlement. Blocks of land not exceeding 2,000 acres were subdivided into allotments of fifty acres and set apart to be let on improve- ment leases, at a nominal rent, to associations of not less than six persons, who might wish to settle near each other. The number of persons to be located on each block could not be less than one to every 50 acres of its area. Except for this restraint upon the choice of his neighbours, the settler was in the same position as any other landed proprietor. The scheme proved a failure and the part of the Act allowing Homestead Associations was repealed in 1904. " Village Settlements " were also framed upon an indi- vidualist basis. Indeed they amounted to nothing more than the cutting up of suitable land into small holdings, at first of 20 acres each, and increased in 1901 to an area which, with the original holding, should not exceed £200 in value. This tenure is the country form of the suburban Workmen's Blocks. It has been a great success in Victoria, where it has settled 1,752 holders on a total area of 54,404 acres, giving an average of 30 acres for each holding. The Closer Settlement Acts of 1904 and 1906 have effected a large increase in the number of small holdings, for which Victoria is specially adapted in consequence of the proximity of its good land to the markets of the sea-board. As might be guessed from the individualist character of these two measures, the Labour Party was at that time weaker in Victoria than in any other State. Only one of the new forms of rural 130 CO-OPERATIVE ASSOCIATIONS settlement passed in 1893 had a socialist basis. This was the Labour Colonies Act which was framed upon the New South Wales model and proved no more successful. South Australia, under the impulse of the prevailing public sentiment, devised a more ambitious scheme of co-operative association. Areas of land suitable for orchards or farms, or capable of being irrigated, were set apart in thirteen districts for settlement by associations. The land in each district was divided into 10-acre blocks, of which no person could hold more than two. Every person by leasing such a block became a member of the association of the district in which it was situate. This imposed a joint liability with the other members to pay interest to the State upon the agreed value of any irriga- tion works or other improvements of public utility. In return each member acquired a commoner's right in a considerable area which was set apart as commonage in each district. The debt to the Crown was a first charge on all the lands in the district and repayable at 4| per cent. by instalments spread over 42 years. In the event of an association defaulting, the members were to be liable for their proportion of the unpaid balance. The commonage lands were under the control of trustees elected by the members, subject to the direction of the Commissioner for lands, and were to be worked for the common good and benefit of the members upon the principles of co-operation and equitable division. Each member of the association was required to contribute labour or a cash equivalent to the cultivation of the commonage, and the upkeep of the irrigation plant or other works of public utility. ^ Accounts were to be kept of the expense and profits of such work, and after a provision had been made for a sinking fund to cover depreciation, etc., the balance, if any, was to be divided among the members. Regulations for the good ^ This re-appearance of the " corvee " in the most democratic of Australian States is very noteworthy. 131 THE COMMONWEALTH OF AUSTRALIA conduct of the members and the profitable working of the common properties and for the general purposes of the association were made by the Commissioner for Lands. Each association is a legal corporation with perpetual succession. This ingenious combination of individualist and coUectivist ideas has only been successful in so far as the latter has been subordinated in practice to the former. Between 1896 and 1903 seven of the settlements were abandoned, and only six are in existence at the present time. 1 On these there are 84 settlers and 306 dependents and employees. A sum of ;ri02,116 has been advanced to the settlers, while the value of improvements effected up to 1904 was only £41,869. These figures, however, are not conclusive against the experiment. Mistakes were made at first in the selection of suitable land, the cost of which ought not to be put to the debit of the associations in suitable districts. Probably the true verdict on the South Australian Village Settlements is, that they have succeeded where private owners would have succeeded, and failed where these would have failed, and that their success is more due to the assistance given by the Government in irrigation plants and other public works than to their co-operative character. Any settlement of private owners having the advantage of the same assistance would perhaps have done better. The efforts of Queensland to satisfy the new demand for land were represented by an Act setting apart 10,000 acres for a Labour Colony, upon the New South Wales lines, and the " Co-operative Communities Land Settle- ment Act of 1893." This is not a distinctly socialist measure. Like the South Austrahan Act, it provided for the transfer of the individual right of a citizen to take up land to an association which was empowered to do so on ^ At Kingston, Lyrup, Moorok, Pyap, Rameo and Waikere. 132 HOMESTEAD ASSOCIATIONS his account. The association must consist of not less than thirty members, and the area taken up cannot exceed 160 acres for each member. The association may register under the Friendly Societies Act of 1876, and its rules must be deposited with the Minister for Lands. The area required will be set apart by proclamation, and the conditions of the tenure— except that the statutory require- ment of the expenditure of 2s. 6d. per acre during each of the first four years cannot be dispensed with— are to be then determined. When once the association has entered upon its area, it is free to manage the property as it pleases, subject to the terms of its lease and its own rules. The special feature of the South Australian Legislation — Government control — is not found in the Queensland Act. These group settlements have been as great a success in Queensland as the similar Homestead Associations were a failure in Victoria. While the Victorian measure was repealed in 1904, in Queensland, in 1906, no less than 228,654 acres were settled in this way by 260 persons owning 278 farms. Each member of the group is given an allotment in the township in addition to his farm, and residence there is taken as equivalent to residence upon the latter. By this means a settler escapes the inconveniences of isolation. His children can get good schooling and him- self the social comforts of intercourse with friends. It is the most interesting as well as the most successful method of settlement which Australia has yet contrived. Neither the philanthropic nor the commercial devices for settling people on the land would avail to attract the poorer class of settler, unless some provision were made to assist him with capital. If this, as the Credit Foncier and similar institutions everywhere testify, has been found desirable in Europe, it becomes a necessity in a young country. Accordingly every State, as it began to pass from the pastoral into the agricultural epoch, has devised some means for giving pecuniar}^ assistance to 133 THE COMMONWEALTH OF AUSTRALIA cultivators of the soil, both to enable them to purchase holdings and to make improvements. Victoria, being the principal agricultural State, led the way in this direction. The Savings Bank of 1890 authorised loans upon mortgages of farm lands. The amending Act of 1896 gave express power to lend to " farmers, graziers, market gardeners, or persons employed in agricultural, horticultural, and viticultural pursuits," upon the security of any land held under the Crown, whether conditionally or in fee. Western Australia followed this example in 1894 and South Australia later. New South Wales passed an " Advances to Settlers Act " in 1899 — hoping by this terminology to avoid controversy with experts in currency. Queensland came into line in 1901 ; Tasmania is about to do so. In all the States the capital is provided by the sale to the general public of mortgage-bonds or deben- tures, carrying a less interest than the rates which are charged for advances. Each of these distributions should, therefore, show a profit. The amounts beyond which advances may not be made vary in different States. Victoria and South Australia authorise the lending authorities to raise £3,000,000 for this purpose by the issue of mortgage bonds, which the Savings Bank is per- mitted to purchase. New South Wales and Queensland put the backing of the State most directly in evidence by authorising the Commissioners or Trustees to raise by the issue of Government debentures — the Commissioners ;^2,000,000, and the Trustees (as the directors of the lending body are called in Queensland), ;^250,000. The terms of the advances also vary. The rate of interest is now everywhere five per cent., but the terms of repayment are not the same. In Western Australia and Queensland no repayment of the principal is required during the first five years. After that date it must be repaid in twenty years b}' half-yearly instalments of 134 STATE LOANS principal and interest. In Victoria, South Australia, and New South Wales the usual term of repayment is thirty-one years, but by agreement it may be shortened. The purposes for which loans may be made vary slightly according to the conditions of the several States and the forms of tenure in vogue. Generally speaking, a settler can obtain an advance : (a) to pay off existing encumbrance on his land ; {b) to pay the instalments due to the Crown in respect of his holding ; (c) to make im- provements or develop the resources of the land ; {d) to build homes on his land ; (e) to purchase land from the Crown. The amount advanced to enable persons to purchase land must not exceed 80 per cent, of the official valuation. Advances on land and buildings may be made up to two-thirds of the value of the borrower's interest in them. The utmost amount which may be advanced to one borrower is in New South Wales and Victoria, £2,000 ; in Queensland, £800 ; in South Australia, £5,000 ; in Western Austraha, £500. No apprehension is felt lest the repayments should not be duly made. The experience of every State is that these are very regular and arrears few. Thus of the total amount of outstanding advances in Victoria on June 30th, 1907, of £2,111,308, only £46 of principal and £69 of interest was in arrears, and that was divided between nine borrowers. The States in Australia do not confine their assistance to settlers with loans of money and easy conditions of tenure. There is probably no other country in which more attention is paid to the education of the farmer, or a more careful study made of the resources of the soil and the best methods of cultivation. Every State has its agricultural colleges and model farms, to which admission may be had on terms within the reach of any settler. The agricultural departments distribute gratuitously any information likely to be useful. Careful inspection 135 THE COMMONWEALTH OF AUSTRALIA is made of orchards and stock farms, and assist- ance given to destroy pests. Commercial agents are appointed in London and in the East to push the sale of Australian products. Meat, milk, butter, and cheese are inspected by Government officers before they are exported. The mail contracts require the provision of cold storage on the mail steamers and the carriage of produce at reasonable freights, and generally, shipments are supervised to ensure them being placed on the market in the best possible condition. The seed of new plants is distributed gratuitously, and South Australia also dis- tributes without charge the seeds of those varieties of wheat, barley, oats, and grass which are most likely to suit the various soils and climates of the State. The carriage of agricultural produce by the Government railways is at low rates, and practical lectures are given in farming districts on matters of interest to agriculturalists. Prizes, too, are given for model farms. In short, the State endeavours to supply to the farmers of a young country the knowledge which experience and research have made available to those in an older land. The result is seen in the recent development of agriculture to which reference has already been made. How Land is Held To-day We are now in a position to summarise the results of these multifarious devices for procuring settlement. For, as the preceding chapters will have shown, there are as many varieties of land-tenure in Australia as there are States, and although the object of all is the same — to promote settlement, to decentrahse, and to substitute agriculture for pasture — the principles which underlie them have varied at different periods. In the first epoch of Australian history,when the Crown's title to waste lands was more than a constitutional fiction, the tenure of land was a privilege which imposed duties towards the public. The grantee was obliged to 136 LEASEHOLD TENURES render services to the Crown and recognised the per- manence of his obhgation by payment of a fixed irredeem- able rent. In the second epoch, which begins (as to country lands) with auction sales in 1831, all sense of duty attaching to ownership disappeared. In the prevalent philosophy of the economist an individual only had " rights." Accordingly the Crown lost all control over alienated land. The quit-rents were commuted, and all grants were of the fee. The hands of the clock are coming now full round. Perpetual leases, or leases-in- perpetuity, which are perpetual leases without periodic re-appraisements of rent, are to-day the most favourite tenure. They are " only Phillip's tenure by rent-service under another name." ^ They achieve the same object if the conditions are enforced of conserving the public interest by enforcing the good uses of the land and preventing it from being sold to swell a large estate. A lease can always be forfeited for breach of a condition and the Crown is under no obligation to accept a trans- feree as tenant. South Australia has already adopted perpetual leases as its normal tenure. Conditional purchases are no longer permitted and auction sales are confined in practice to town or suburban lands. Even the grants which issue under a form of deferred payment, known as " agreement to purchase," contain the same reservations of Crown rights and the same restrictions on sub-letting or assignment as perpetual leases. Everj^ other State is feeling its way in the same direction ; although only Victoria has as yet definitely adopted the " perpetual lease." In other States the tendency is shown by the multiplication of leasehold tenures and the facilities for acquiring them. Yet even perpetual leases will fail to check the accumulation of large estates, unless they are accompanied by other measures. In New Zealand no person in the future will be allowed to acquire more than 1 See Rogers' " Historical Geography," p. 200. 137 THE COMMONWEALTH OF AUSTRALIA 2,000 acres of Crown lands, and several proposals are being discussed there, and in the Commonwealth, for making use of taxation to compel the sub-division of unwieldy holdings. The results so far may now be described. The total disposition of the public estate of the Commonwealth at the end of 1906 was 87 milHon acres. Of this amount 35 millions were in process of alienation. This gives an average of 30|- acres per head of the population. The area held under lease or license at the same date was 746 milhon acres, and 1,034 millions were un- occupied. These figures make it easy to realise the sparseness of Australian population. The total private holdings represent a country nearly twice as large as Great Britain, and Great Britain supports a population ten times as numerous. Or if the comparison be made with Spain, France, and Germany, which have populations of 17|, 38, and 60 millions respectively, the immense disproportion between the number of the people and the extent of the alienated land becomes even more striking. Its distribution suggests equally disturbing thoughts. In New South Wales there are 18 freeholds above 40,000 acres each. Of the whole area alienated in that State nearly one-half — 46-65 per cent. — is held by 720 persons, whose total holding aggregates 22,734,915 acres or an average of 31,576 acres. Treating the land devoted to agriculture as being held in holdings of from 31 to 40 acres in extent, only one-ninth of the alienated land, 11- 13 per cent, comes under this category. It has been estimated that less than 2,000 persons own an area of land equal to that of Great Britain. Such a result cannot be quoted as a proof of the success of the Land Acts in settling on the land a yeoman class. The object has, however, been achieved in respect of pastoral settlement. " Large areas, pronounced even by exper- ienced men to be uninhabitable wilds, have since been occupied b}- thriving flocks, and every j^ear sees the great 138 STATE PURCHASE Australian desert of the early explorers receding step by step." 1 Of late years, too, there has been a substantial advance in agriculture, and, although much of this is due to the cultivation of large areas by squatters, yet it marks a stage in the development of the country and extends employment. According to the figures collected in the " Year Book of the Commonwealth," the extent of land under cultivation was nearly nine times as large in 1906-7 as it was in 1861. The figures are : 1860-1, 1,188,282 acres; 1906-7, 9,545,856 acres. This is a rate of increase more than double that of the population. The chief progress has been made since 1891. From 1881 to 1891 the population increased nearly twice as fast as the agricultural industry. Since that date every year has seen a larger area under crop. The assistance given by the State in various ways to agriculturists must be credited with some of this advance. The favourite device of the day for overcoming the mischief of " latifundia," is the compulsory purchase by the State of large holdings — whose owners in their day did good service in developing the country — at a fair price fixed by a tribunal, for purposes of subdivision among lessees or purchasers. The State having in the first place alienated the pick of its land for not more than £1 an acre, has by means of roads, bridges, and railways, and other improvements at the expense of all taxpayers, increased the value of these lands to £4 or £5 an acre. Tlie exact amount of this increase is estimated by a Court, and the State buys back for (say) £5 what it sold at £1. The proceedings have another element of comedy. The State, at the hearing before the Court, cheapens the land as much as possible. " It is naught, naught, saith the buyer." Having paid a sum in excess of what its experts thought the land to be worth, the State then extols its excellence and cheapness to the purchasers from whom 1 Coghlan's " Australia and New Zealand, 1903-4," p. 3-12. 139 THE COMMONWEALTH OF AUSTRALIA it makes its profit. No wonder that the scheme is breaking down, because, as the county councils are finding in England, the State is raising the price of land against itself by every purchase that it makes. It would be more logical and simple and more just to the taxpayer to impose a heavy land-tax on every area of uncultivated land beyond a certain value, which was situated within the agricultural districts. Every settler should be allowed, free of tax, enough land to make him a living, and any area above the determined value, which was kept unlet and unused, should be taxed into the market. And all leases should be for not less than seven years and twice renewable on terms to be approved or settled by the Local Land Board. Only by some such measure as this will the people of Australia recover the use of their wasted lands. ^ ^ At present Land Taxes are levied in every State except Queensland. In New South Wales, South Australia and West Australia the basis of the tax is the unimproved capital value. In Victoria and Tasmania the tax is levied on the capital value of the land as improved. New South Wales imposed one penny in the £, with an exemption of lands the unimproved value of which is under £2A0. In Western Australia the rate is the same, but the exemption is only of ^^50. In South Australia the tax is progressive and no exemptions are allowed. The rate is — On land the unimproved value of which does not exceed ;^5, 000 Id. in the £ On land the unimproved value of which does not exceed ^5,000 Ifd. ,, On land owned by absentees a surtax is imposed of 20 per cent. In Victoria all lands belonging to the same owner of which the capital improved value is under ;^2,500 are exempt. The lands are classified according to their sheep-carrying capacity into four divisions valued respectively at £A, £3, £2 and £\ per acre. The tax is l;f per cent, of this valuation. City lands are not taxed. In Tasmania the tax is progressive at the following rates : — Where the total capital value is under /5,000 . . \d. in the £ do. do. ;^5,000 and under ^15,000 fd. do. do. /15,000 „ /40,000 Jd. do. do. 240,000 „ ^80,000 l± do. do. /80,000 and over .. Id. 140 CHAPTER IX MATERIAL GROWTH Private Wealth — Diffusion of Wealth — Savings — Production — The Pastoral Industry — Farming and Dairying — Agriculture — Mineral Production — The Manufacturing Industry — Internal Trade — Over-sea Commerce — The Balance of Trade — Indebtedness — Banking — Summary. Private Wealth In material wealth Australia stands high among the world's communities and her advance since Federation has been remarkable. According to an estimate, which is necessarily approximate, but which is accepted among statisticians, Australia stands second in respect to the private wealth of its citizens, with a total of ;^1, 043,840,0001 and an average of ;^260 per head. Only the United Kingdom stands above her, with an average per head which exceeds £300. The United States and Canada come far behind. Diffusion of Wealth Of greater importance than the aggregation of wealth is its diffusion among all classes of the community. Figures on this point must be necessarily estimates, but a fair idea may be obtained of the distribution of property by comparing the number of persons who leave property at death with the number of adults dying. Mr. Coghlan,^ working on these lines, finds that 28-5 per cent, of the adult males and females, who died in the Commonwealth during the period 1895-1900, left property behind them . That is to say, seven out of every twenty-five grown-up people own property. Their ratio to the total ^ About two-thirds of this is represented by Land, House and Improvements. 2 " Australasia and New Zealand," 1903-4, p. 518. 141 THE COMMONWEALTH OF AUSTRALIA population was 17" 23, which is nearly one in six, and it has been increasing steadily in every State. Figures are not available which will determine exactly the average amount owned by each person, but an estimate made by Mr. Coghlan for New South Wales is probably correct for the whole Commonwealth. This states that 987 persons 1 in that State had properties of over £50,000 in value. These fortunate ones owned among them ;^130,521,000, or 35-4 per cent, of the whole property of the State, themselves being only 0" 13 of the population. A further 2,086 persons held £168,782,800, or 45-8 of the total. Mr. Coghlan adds that " probably " half the State is owned by 3,000 persons. Only 544,972 persons had less than £200. These figures, it must be remem- bered, include children. Moreover, 120,798 persons owned between £200 and £500. There is no reason to think that the circumstances of New South Wales differ greatly as regards the distribution of its wealth from other States, so that these figures may be taken as showing the diffusion of property throughout the Commonwealth. Savings The figures as to savings tell the same story. In the year 1907-8 there were 1,258,689 depositors in savings banks, being in the ratio of 304 to each thousand of the population. Their total deposits amounted to £42,098,289, being an average for each depositor of £33 8s. lid., or £10 3s. 8d. per head of the population. ^ Thus, while, as we have seen, one person in six in Australia owns property, one person in three has a savings bank account. Australia also holds the world's record for life insurance, which is another form of saving. In 1906-7 there were ^ The population of New South Wales at that time was 1,354,846. * Interest-bearing deposits are restricted to £200. This rule is usually relaxed in favour of Friendly Societies. 142 WEALTH AND SAVINGS in force with the eighteen companies doing business in the Commonwealth, 446,894 hfe pohcies, insuring a total amount, without bonus additions (which have amounted to about £13,000,000), of £107,809,911, and carrying a total annual income for premiums of £3,648,914. In addition there were in force during the same year 346,283 industrial policies, covering a total amount of £7,301,581, and requiring £389,451 a year in premiums. Friendly Societies are another important factor in inducing thrift. They flourish in Australia almost as well as life insurance companies, having a total member- ship of about 340,000 distributed among 3,948 lodges. The revenue of these societies is £1,105,279, and they have £4,093,581 of accumulated funds. The figures given above as to the savings of the people give convincing evidence of the stability of Australian society. If Australians have an inclination to improvi- dence and gambling, it is because they have money to spare for extravagances, and not that they neglect to make provision for the future. Production The wealth and income of Australia come from the production, ^ handling, carriage and shipment of articles grown or made within the Commonweath. Her produc- tion, her industry, and her commerce should accordingly be dealt with separately in order to ascertain and measure the sources of Australian wealth. Australian production may be conveniently classified, in order of importance, into pastoral, mineral, and agricultural. The figures which express the results in each of these directions are bewildering by their magni- tude. There is, however, no other way by which the material importance of Australia to the Empire can be adequately indicated. ^ In the text the term Production refers only to Primary Products of the soil. 143 THE COMMONWEALTH OF AUSTRALIA The Pastoral Industry Australia is pre-eminently " the Land of the Golden Fleece." The amount of wool, which she produced in 1906 amounted to the gigantic total of 552,156,737 lbs., which had a value of £22,600,000. The number of sheep increased that year from 83-6 to 87-7 millions, and the receipts from her wool, owing to high prices, were £7,000,000 more than in any other year. ^ Only one-and- a-half per cent, of the clip is retained within the Common- wealth. The rest is exported and swells the figures of Australian commerce. Large as this output is, there is no reason to anticipate that it will not increase. The supremacy of Austraha in wool-growing is unassailable because she can have no serious rival in the production of the finest merino wool. ^ There seems to be a quality in her wide,- dry pastures, which is as suitable to wool and as local, as the waters of the Trent to Bass' Ales. Mr. Coghlan estimates that, under existing conditions, with allowance for the extension of agriculture, the country could carry 300,000,000 more sheep. ; •, The magnitude of the wool industry has many indirect results. Although it gives employment directly to very few, ^ nearly half Australia lives on wool ; and wool is the chief cause of that concentration of the people in the seaboard cities which is so remarkable a feature of Australian life. Trace a bale of wool from the run to the hold of the ship, and the mystery becomes apparent. Except the trunk lines and a few cock-spurs in Victoria, ^ It is estimated that the fall of Id. a lb. in wool means the loss of a million sterling to Australia. Owing to the break in prices Australia will receive about ^/^S, 000, 000 less for the 1908 clip than for that of 1907. 2 Since 1851 the export of wool from Australia has reached ^669,500,000. ^ The average is one man to 2,500 sheep. Probably not 100,000 persons of both sexes find regular employment at runs. This, of course, does not include shearers or other nomadic bush labour. 144 DAIRY EXPORTS the railways were built for wool. The Lands Department and other branches of the public service owe their present numbers to the same cause. Wool must be shipped ; therefore 'the cities must be at the ports and all who handle or dispose of wool must be there too. Meat production is the second branch of the pastoral industry. Besides sheep (87,780,819), there were 10,112,262 cattle, 1,869,674 horses, and 748,000 pigs in the Commonwealth in 1907. The export of frozen beef and mutton returned £1,667,000, and the total exports of all pastoral products was £27,001,877. Farming and Dairying Industries Between pastoral and agricultural production come dairying and farming. Butter-making is the chief industry in this group. In 1906, Australia produced 159,870,662 lbs. of butter and 14,778,658 lbs. of cheese. She exported, chiefly to the United Kingdom, 75,732,713 lbs. of butter of a value of £3,236,930. Her cheese was nearly all consumed at home. She also exported, principally as ship's stores, £182,941 of milk concentrated and preserved. Pigs are fed on the bye- products of the farm and dairy, and in 1906 41,165,914 lbs. of bacon and ham were cured in the Commonwealth. The total export value of all farm and dairy products was £3,357,069. The dairying industry has grown up under State-aid. Experts are employed to give instruction in approved methods of production, to examine animals, to inspect the buildings used for milking and separating, and to examine the marketable produce. Cream separating and butter-making are generally carried on under a co-operative system in large central factories. The Governments also import stud bulls and their officers inspect the quality and grading of butter before it is exported. The Commonwealth has also made provision 145 10— (2133) THE COMMONWEALTH OF AUSTRALIA in its mail contract for its carriage in refrigerating cham- bers at a freight of not more than l^d. a pound. In consequence, the butter industry is making great advances, and it is certain that the United Kingdom will draw more and more of her supplies of this commodity from the Australian continent. Of the minor farming industries, bee-keeping and poultry-farming show promise of expansion. London is a market for Australian honey and there is a large demand there for frozen poultry, which will be supplied by Australia, when local prices fall. The States have therefore begun to extend their assistance to that industry. Agriculture The most remarkable progress is in Agriculture. The total area under crops has increased from 8,414,054 acres in 1901-2 to 9,339,566 acres in 1907-8. The principal crops were wheat, oats, maize, barley, potatoes and sugar. The areas under cultivation in each case, with the total products, its value and the average per acre are given in the following table : Principal Australian Crops, 1906.1 Area under Average Crop Total Yield Crop in Acres Cash Value Yield per Acre Bushels i Wheat 66,100,654 5,997,794 9,777,629 1106 Oats 13,611,987 581,843 1,366.815 21-22 Barley 2,248,432 106,436 343.535 20-40 Maize 10.172,154 305,857 1.326.071 23-86 Beans, Peas 655,167 30,824 — 21-26 Rye 137,471 Tons 9,738 — 14-12 Tons Potatoes 507,153 146,681 1.502.779 3-46 Onions 31,756 5,378 — 5-9 Other Root Crops 122,659 12,146 — 10-10 Sugar Cane 1,950,340 153,885 — 17-96 Hay 2,256,140 Gallons 1.654,399 5,916,980 13-6 Wine 5,891,945 62,546 — — See " Year Book," pp. 300-1. 146 WHEAT PRODUCTION The figures which are of greatest significance in the above table are those relating to wheat. ^ It will be seen that the production of this crop was 66,100,654 bushels, and that its cash value was nearly ten million pounds. Nor is this the fortunate result of one good season. The production for 1905-6 was larger by two million and a half bushels, and in 1903-4 it totalled 74,149,634 bushels. It is true that in 1902-3 the pro- duction was only 12,378,068 bushels, and that Australia then imported wheat. But it would be a mistake to conclude from this that the seasons are too irregular for wheat-growing in Australia. There has been no year like 1902-3 since 1860. After that date the production was fairly stationary for twenty years. From 1880 onwards, except in 1895-6 and the 3^ear already mentioned there was a steady increase. When Federation broke down the inter-colonial tariffs, wheat production jumped ahead (1900-1), and the increase has continued ever since. Production of Wheat, 1860-1 — 1906-7. (See " Commonwealth Year Book," p. 302.) Before Federation. 1,000 Bushels 1860-1 10,245 1865-6 9,654 1870-1 12,084 1885-6 18,712 1890-1 23,356 1895-6 27,431 After Federation. 1900-1 48,353 1901-2 38,561 1902-3 12,378 1903-4 74,149 1904-5 54,535 1905-6 68,520 1906-7 66,100 1907-8 44,588 1 There was a decline in these figures for the year 1907-8. The statistics, however, are not yet complete for this period. 147 THE COMMONWEALTH OF AUSTRALIA The quality of Australian wheat is excellent. Mr. Jago, in " The Science and Art of Bread-making," states that it is " of a choice colour and sweet flavour," that it grows well and yields from 72 to 76 per cent, of flour as against 70 to 73 per cent, for Canadian wheat. Its grain is of a bright clear texture, rich in gluten and of a fine milling quality. Its average price in the London market is 6d. a quarter higher than Canadian and Is. 3d. higher than Argentine. Apart from the importance of agricultural develop- ment to Australia itself, it has an Imperial significance. Australia has been always known to clothe the Empire ; the part she plays in feeding it is often ignored. Yet no other portion of the Empire produces the necessaries of life in greater abundance. Butter and meat, as was seen in the preceding section, go to the United Kingdom in large quantities. Canada is known to be a supplier of bread, but it is not generally recognised that Australia runs Canada close. In 1906 Australia exported 20,138,149 bushels of wheat and 26,796 tons of flour to the United Kingdom. She also supplied other parts of the Empire with 4,930,094 bushels of wheat and 76,144 tons of flour. Unlike Canada she has also foreign markets for her flour. She sent Chile 2,212,410 bushels, and Peru, Italy, Spain, the Manillas and Portuguese East Africa all draw supplies from this granary. Her total exports are, wheat, 30,262,335 bushels ; flour, 166,881 tons. The export value of all Australian agricultural produce was £7,707,281, and this included such diverse articles as coffee, cotton, flax, ginger, sugar, tobacco and wine in addition to cereals, pulses and roots. Mineral Productions The mineral production of Australia received a tem- porary set-back through a fall in the price of metals due to the American financial crisis. But this soon passed, and except gold there was an increased output of all the leading minerals in 1906. The figures are subjoined : 148 MINERAL WEALTH Minerals Gold Silver and Lead Tin . . Coal . . 1903 In £000's. 1904 1905 16-294 2112 •770 2-616 15-297 2-599 -804 2-323 15-550 3-093 1014 2-314 1906 14-631 3-344 1-509 2-669 1907 13-511 4-719 1-502 3-302 Australia produces 13 per cent, of the world's silver, 17- 61 of the gold, 5 per cent, of the copper, and 6-9 of the tin. Until the production of the Transvaal jumped from £7,000,000 in 1902 to £25,000,000 in 1906, Austraha's share in the world's production of gold was much greater, being 26-56 per cent, in 1901. The following figures relating to gold production explain the change : Australian Gold Pro- Percentage of World Year duction in £000's Supply % 1901 15-759 26-56 1902 16-763 24-61 1903 18-322 24-35 1904 17-884 22-32 1905 17-644 20-13 1906 16-902 17-61 The variety of minerals in Australia is very great. Among the more valuable, which are at present hardly worked, are platinum, osmicum, iridium, and iridos- mine. Cobalt, nickel, manganese, chromium, tungsten, molybdenum, mercury, antimony, bismuth and zinc have aU been found, some in considerable quantities. Valu- able opals are found in the west of New South Wales and in Queensland. Diamonds of good quality have been discovered in New England (New South Wales), and, it is believed, are in considerable quantities ; but the fields have not been explored owing, it is said, to the action of agents of competing groups, who fear an increase in the supply. Rubies and other precious stones exist in the Macdonell ranges and elsewhere. This long 149 THE COMMONWEALTH OF AUSTRALIA list might lead to the belief that Austraha had been thoroughly prospected, which would be altogether erro- neous. The greater part of the continent — even of the settled districts — is almost virgin soil for the prospector of rare minerals and very little of Central Australia has been prospected even for gold. It is probable that the proposed Trans-Continental railway, connecting Cool- gardie with the eastern seaboard, . will open access to several unsuspected fields of mineral wealth. In the meantime only two quartz reefs ^ are being worked in New South Wales, in spite of the certainty that where there has been alluvial gold there must be gold-bearing reefs. If the people of New South Wales took to mining ventures, like the Victorians, the deep mines of Ballarat would be copied in several districts. The total production of minerals in 1907 was valued at £28,367,202. The Manufacturing Industry Manufacturing is still in its infancy. Prior to 1900, the tariffs of each State fostered a few industries for the supply of a local market ; others sprang up to meet immediate necessities, such as iron-working, brick- making, or quarrying ; there were others, such as furni- ture-making, which had always the protection of high ocean freights ; but in the main, manufactured articles were imported. The Commonwealth tariff, which came into force on November 4, 1901, gave some protection, which was increased by the tariff of 1907, '^ but it is not possible yet to speak of Australia as a manufac- turing country. She has only captured a foreign market in the two lines of agricultural implements^ and mining ^ Cobar and Wyalong. "^ As to Tariffs see Part III, Chap. I. 3 In 1907 /228,000 worth of working agricultural machinery was exported. ;^29,652 worth of " Stripper Harvesters " was ex- ported to the Argentine. This is an Australian invention, which combines a stripper with a mechanism for winnowing and bagging grain. Mowing machinery is sent to the Straits Settlements. 150 aii^^ --L^ji. _A^ FACTORY LABOUR machinery. Most of the so-called " factories " are very small, since the term, as used in the statistical records, includes " any factory, workshop or mill where four or more persons are employed or power is used." A dress- maker who employs three hands becomes under this definition a "factory owner." Indeed, there are 1,759 " factories " which employ less than four people, and 1,290 which employ only four. At the other end of the scale are 392 factories employing altogether 81,230 persons, and 479 employing 43,996. This classification makes it difficult to estimate the growth and importance of the manufacturing industry. The power employed furnishes some guide. In 1903 this was 180,296 horse power ; in 1906 it was 212,000. The value of the plant and machinery increased during the same period from £18,639,000 to £21,731,000. It is noticeable that there is an increasing ratio of female employment in the two principal manufacturing states, — Victoria and New South Wales. The figures, as given in the Year Book, show that the number of females per 100 males in Australian factories has increased steadily from 32-65 in 1903 to 35-58 in 1906. This is due to a large increase since the tariff in clothing and tailoring establishments and factories. " Certain trades, too," sa3'S I\Ir. Knibbs, " are specially known as women's trades, such for example as clothing and textile trades, preparation of food, printing and book-binding and lighter work connected with the drug trade, such as wrapping. Large numbers of women are also employed as clerks and typewriters." The industries which are concerned with metals are a good index of manufacturing development. In Aus- tralia these employ 18-99 per cent, of the factory hands and occupy 12-04 per cent, of the " factories." They comprise the manufacture of agricultural implements, brass and copper, cutlery, engineering, gcilvanised iron 151 THE COMMONWEALTH OF AUSTRALIA works, iron works and foundries, lead mills, railway carriage and locomotive making, smelting and chlori- nating, the making of stoves, wire-working and other metal works. This is a longer list of high-class industries than many persons will be prepared for and it indicates great possibilities. The value of the machinery and plant used in this group was £3,354,007, of which £1,403,312 was used in engineering works. Woollen and tweed mills have plant and machinery valued at £340,008 and pay £102,458 a year in wages. There is also a considerable industry of ship-building and repairing and the furniture trade has an annual wage bill of £351,580. With these exceptions, Australian industries are those which are immediately concerned with the primary products of agriculture and w^ool-growing — such as tanning, wool-scouring, soap-making, brick-making, saw- milling, cooperage, brewing, butter and cheese, meat chilling and preserving, biscuit and jam making, sugar refining, confectionery and tobacco making, etc., etc. The Austrahans, however, realise that no nation can be great which does not contain within itself an outlet for every activity, and are, therefore, giving great attention to enlarging and diversifying its manufacturing industry. The value of the output of manufactures for 1906 was estimated at £31,172,000. Internal Trade Figures of exchange and distribution must always bear a close relation to those of production. Consequently Australia, as she produces much, does a large trade. That between the States themselves amounted in 1907 to £42,280,980 — a convincing proof of the wisdom of abohsh- ing State tariffs. ^ The average of this internal trade during the five years preceding federation (1896-1901) was only £26,381,000. The wine industry is among those ^ The uniform tariff came into force Oct. 4, 1901. 152 EXTERNAL TRADE which have benefited most by the removal of internal Customs barriers. Over-sea Commerce " The over-sea trade of the Commonwealth," writes Mr. Knibbs (Year Book, p. 497), "during 1906, both as regards imports and exports, is by far the greatest yet recorded. From a total of £56,000,000 in 1886, equal to £20 7s. 8d. per inhabitant, the trade grew by somewhat irregular movements, until in 1891 it amounted to £73,753,000 or £23 Is. 6d. per head. The year 1892 marked the beginning of a period of acute financial stress culminating in the commercial crisis of 1893. The collapse of these years, confined by no means to Australia, but affecting in varying degree many countries, is plainly reflected in the records of the trade of that period ; for the trade in 1894 had fallen to £54,028,227, a decline of no less than 26*75 per cent, in three years. In 1895 there was slight recovery, and a continuous upward movement until 1901, when the trade reached £92,130,000 or £24 5s. lOd. per head. A dechne, due to drought, in the exports of agricultural, pastoral, and dairy produce, reduced the trade of 1902 to £84,591,000 ; but, although in the next year there was a further shrinkage in the exports of agricultural produce, the increase in the value of the exports of metals, specie, butter and wool was so large as to effect an increase in the total trade. From 1902 the increase has been continuous, reaching in 1906 the amount of £144,482,000 ^ equal to £28 Os. 5d. per inhabitant." No apology is needed for this long quotation, because, in the present stage of Australian development, the figures of the over-sea trade are the best index of her material position. They are not, however, easy to interpret. 1 Imports, ;^44,737,763. Exports, £QQ,131,ie3. 153 THE COMMONWEALTH OF AUSTRALIA TABLE Balance of Trade of Australia and Percentage of Exports and Imports and Annual Loan Expenditure, 1886-1906, . IN ;^000'S. Balance of Trade Percentage Loan Expenditure Loan Expenditure Year of Exports to Imports per head of Population 1886 1-12-478 63-9 1887 -6-151 79-2 1888 -7-980 78-4 1889 -8-024 78-6 1890 -5-846 83-4 1891 -1-668 95-6 1892 3-262 110-8 1893 9-460 139-8 1894 10-233 146-7 1895 10-449 145-0 1896 3-305 nil 1897 5-824 118-2 1898 8-683 127-6 1899 14-269 141-6 1900 4-568 111-0 i s- d- 1901 7-262 117-1 9-465 2 9 6 1902 3-239 1080 8-862 2 5 8 1903 10-438 127-6 4-633 1 3 7 1904 20-465 155-2 3-424 17 2 1905 18-494 148-2 3-556 17 7 1906 24-992 155-9 3-882 18 10 1907 21014 — — — The Balance of Trade The first noticeable feature of these figures is the rapid increase in the value of exports as compared with imports. In the earlier periods the balance of trade was in favour of imports ; but from 1892 onwards the reverse has been the case. To quote from Mr. Knibbs once more, " The increase in the value of imports from 1886 to 1906 is 1 Note. — The minus sign (-) denotes excess of Imports. 154 ORGANISATION OF TRADE equivalent to an annual rate of 1'36 per cent., whereas the exports during the same period show an increased value equal to 6"01 per cent, per annum, the annual rate of increase of the total trade being 3" 65 per cent." The explanation is that Australia was increasing her indebtedness in the earlier years and reducing it in the later. Excess of imports meant an influx of new capital. Excess of exports represents interest and profits on the investment of outside capital, payment of freights, both inwards and outwards, and the repayment of debts. To make this point clear it must be possible to com- pare the values of imports and exports on the same basis. This cannot be done without correcting the official figures. In all returns exports are entered at their cost f.o.b. ; while the value of imports includes freight and all other charges, together with the profits of the manufacturer and every intermediate distributor. Probably not less than ten per cent, should be deducted from the declared value of imports upon this account. Both exports and imports can then be compared at their cost value f.o.b. Under normal conditions of profitable trade imports ought to exceed exports by the amount of the exporters' profit ; because no country sends away £100 without expecting to receive back more. Ten per cent, is a fair allowance upon this account, and equilibrium would be maintained if imports exceeded exports only by that amount. This amount should be deducted from the declared value of imports in addition to the fifteen per cent, for costs, charges and profits, in order to arrive at the balance, which is available on either side for the adjustment of financial relations between the exporting and importing country. An allowance of not less than five per cent, must also be made upon the other side for the cost of freights. Australia does not do her own carrying trade, and therefore a portion of her exports represent payments for freight. Accordingly, in order to ascertain 155 THE COMMONWEALTH OF AUSTRALIA the amount which Austraha pays each year in repay- ment of principal and interest, or receives in the form of pubhc or private loans, the declared value of the exports should be reduced by five per cent, for freights, and the declared value of the imports by twenty-five per cent., being fifteen per cent, for costs, charges and profits, and ten per cent, for the exporters' profit. If, then, the balance is in favour of exports, whatever remains after payment of all interest charges will be a repayment of principal. Or if the balance is less than sufficient to pay interest, then the difference, together with the excess (if any) of imports, will represent an addition to Australia's indebtedness. This explains the paradox that both in England, the creditor country, and Australia, the debtor country, imports were at one time in excess of exports. England's excess represents payments for services rendered, and interest on foreign investments ; Australia's excess represented advances of the capital she needed for the development of her resources. Indebtedness The balances in the foregoing table are gross. To ascertain the exact position of Australia in regard to her over-sea trade it would be necessary to reduce them to net, by deducting all interest charges from the export side of the account and loan monies from the imports. This is easy up to a point — that is to say, the interest charge on all public loans, state or municipal, can be exactly ascertained ; but there is another large source of indebtedness which is in a different category. Australia has no hoards. She has to look abroad for capital ; and her private indebtedness, in consequence, is very large. Mr. Coghlan estimated it at £147,000,000 as at June 30, 1904. Certainly most Australian enterprises are financed from England, and the Income Tax returns 156 PAYMENT OF INTEREST will show what profits they make. There must also be much money borrowed for investments which make no return, or not sufficient to pay interest. This part of the interest charge, like that which is payable in respect of public loans, is payable irrespective of production and is a dead charge upon it. The aggregate indebtedness of the Australian States on June 30, 1907, was £240,149,000, or £^1 15s. 2d. per head. The annual charge for interest was £8,654,299. But £54,570,338, or 22-7 per cent, of the total indebted- ness was owing in Australia, and therefore the interest charge on this portion would not be paid by exports. Allowing £2,000,000 on this account, the yearly liability of Australia to the creditors of the States who live outside the Commonwealth for interest is £6,700,000. Borrow- ings by municipalities and others of the total sum of £10,000,000 constitute another form of public indebted- ness. But as two-thirds of this sum have been taken up in Austraha, not more than £200,000 a year need be remitted abroad as interest upon that account. To arrive at the yearly sum which is required as interest upon the private indebtedness of Australia is much more difficult. Imports, even after the allowances referred to have been made, are an unsafe guide, because in the pre-Federation days, the State records made no distinction between goods arriving over-sea from another State or by the same entrance from an outside country. There was also an analogous defect in the record of exports. Goods despatched from one State to another State for transhipment to an over-sea country, were simply recorded in the former as an export to the trans-shipping State ; and thus no proper record was made of the export as over-sea. Melbourne, for instance, financed all the other States for many years, by importing foreign capital into Victoria. This would appear again as an over-sea import in the Official 157 THE COMMONWEALTH OF AUSTRALIA Returns of any State to which it might be transferred. Thus the same import might figure in the records of every one of the six States. Analogously, New South Wales shipped large quantities of wool to Melbourne, which were entered only as an export to Victoria. By these errors the import figures prior to 1903 are largely over-stated, while those relating to exports are understated — both errors increasing the apparent indebtedness of Australia^. It would seem, therefore, impossible to accept Mr. Coghlan's high estimate of £147,372,000. Judging from the capital of the Banks and Finance Companies, which has been subscribed in England, and the deposits which these hold from persons outside the Commonwealth, and making allowance for the investments of private persons in stations and city lands, £100,000,000 would appear a high estimate of the total private indebtedness of Australia. The annual interest charge on this at five per cent, would be £500,000. Thus on the three sources of indebtedness — State, local and private — Australia has to pay annual charges for interest of about £6,700,000, £200,000 and £500,000, making a total of £7,400,000. ^ It will be seen from the table on p. 154 that in the four years, 1903-6, the declared balances of exports over imports have totalled £74,389,000. From the import side ten per cent, must be deducted to equalise the basis of comparison between the two sets of figures. This would increase the actual balance to £78,389,000. Another ten per cent, of the imports represent exporters' profits, which must also be added to the balance of exports, if we wish to ascertain the amounts available for liquidating debts. This gives a sum of £82,389,000, from which ^ See " Year Book of the Commonwealth," p. 497. 2 The incomes remitted to AustraUans visiting Europe may be set off against the monies spent by over-sea visitors in AustraUa. 158 BANKING must be deducted the £7,400,000 payable as interest. This leaves about £75,000,000, which represent the reduc- tion of Australia's outside indebtedness during the four years 1903-6. To put the matter in another way. Under normal conditions of trade, and when there is an equili- brium between the introduction and withdrawal of capital, Australia ought to show an excess of exports of £7,400,000, representing interest on her total outside indebtedness. This excess should be diminished and perhaps turned into a deficiency by whatever is the value of ten per cent. of the total imports, representing the exporters' profits. If this profit exactly equalled the charge for interest — exports and imports would balance. Banking A great volume of trade requires corresponding banking facilities, so that banking statistics furnish a reliable index of the commercial situation. The distinctive!}^ Australian banks have a paid-up capital of £16,616,827 and a reserve fund of £7,332,593. Their total liabilities on June 30, 1907, both to the public and their share- holders were £117,507,488, and their assets were £125,740,000, or £8,000,000 more than at the same date in 1906. The total of the deposits and advances since 1904 are shown in the following table : Total ] Deposits^ ) Total ) Advances I 1904 i 91,548,103 87,705,227 1905 i 98,143,385 85,768,259 1906 i 106,515,266 87,889,121 1907 I 113,743.059 94,990,435 Warned by the crisis of 1893, 47*10 per cent, of the total liabilities are represented by coin and bullion, a ratio which indicates an almost excessive caution. ^ The deposits per head of population were ;/^27 2s. Id. in 1907. 159 THE COMMONWEALTH OF AUSTRALIA These figures show that Austrahan material interests are really in the sound and healthy condition which was suggested by the figures of production and trade. For the last complete year the increase in the advances exceeded the increase in deposits by nearly one million sterling ; and it is beheved ^ that the next returns will show even a more pronounced tendency in the same direction. No better evidence could be afforded of the industrial expansion which is taking place than this demand of money for new enterprises. There is more- over no sign of unsound commitment ; and there is no boom. Summary Figures must of necessity be dull reading, but by no other means was it possible to express the wonder of Australia's wealth. Judged by any standard, whether natural resources, climate, individual prosperity, pro- duction, trade, or commerce, a comparison with other parts of the Empire is in favour of Australia. She has only 4,119,000 people. Yet the produce in agricultural and pastoral industries is £84,349,000 : in forestry and fisheries, £4,879,000 ; in minerals, £26,643,000 ; and in manufactures, £31,172,000 ; making a total production of £147,043,000, or £35 19s. lOd. per head. At the same time her internal trade is £76,428,000, and her over-sea commerce £114,482,675, making a total per head of £46 14s. 7d., or of £28 Os. 5d. per head for over-sea com- merce alone. No one who grasps these figures will question Mr. Frank Bullen's statement that " Australia is by far the richest of all the colonies." ^ From the Times, Aug. 1, 1908. Report from the London office of the Commonwealth. 160 PART II. THE GOVERNMENT CHAPTER I THE FIGHT FOR UNION Provincial Divisions — The First Steps — The Convention of 1891 —The Draft Bill— The Convention of 1897-8— Note on the Contest. No people in the world would seem to be more plainly marked out by Nature to be under one government than the homogeneous British inhabitants of the isolated island of Australia. " A continent for a people, a people for a continent." ^ Yet, — such is the perversity of fate and prejudice, — Australia, until the first day of the twentieth century, was divided into six self-governing communities, each separate from the others and seeking its own advantage without regard to the common interest. New South Wales, Tasmania, Western Australia, South Australia and Queensland each had its ^ " own legislature, its local corporate life, with no small local pride in its own history and institutions, super-added to the pride of forming part of the English race and the great free British realm. ^ Between the various colonies there was no other political connection than that which arose from their all belonging to this race and realm, so that the inhabitants of each enjoyed in every one of the others the rights and privileges of British subjects." This ^ This fine phrase of Sir Edmund Barton's — to whose faithful hands Sir Henry Parkes committed the leadership of the Federal movement — will live with his leader's " Crimson thread of kinship," among the literary mementoes of the struggle. 2 These words are used by Professor Bryce, " American Commonwealth," p. 22, of the American Colonies before 1765. 3 Froude found, in 1887, that Mr. W. B. Dalley— a true Imperialist — was opposed to Australian Union, because of this feeling. (See " Oceana " passim.) 161 1 1— (3133) THE COMMONWEALTH OF AUSTRALIA however did not prevent each State from imposing tariffs against its neighbours' products, ^ or trying to divert their trade to its own ports by means of differential railway rates. There was, too, such a sullen and deep-seated hostility between New South Wales and Victoria, that at times it seemed as if the history of the South American republics might repeat itself. The waste, confusion and irritation became at last insupportable. There was fear, too, of foreign complications, owing to the entry of Germany into the Pacific. The First Steps An opportune report by Major-General Edwards insisted upon the necessity, both on the ground of economy and efficiency, of combined military action for defensive purposes. ^ Sir Henry Parkes, who had brooded for many years upon the larger questions of Australian politics, saw that his long-watched-for time had come. In October, 1889, he chose a moment of political calm to make a speech at Tenterfield, on the borders of Queensland and New South Wales, which stirred Austrahan feeling to its depths, demanding " a Dominion Parliament in the Dominion of Australia — that the colonies should be erected into a Dominion, and that an elective Parliament should govern them." The ^ Even the so-called " Free Trade " tariffs of New South Wales put duties on the agricultural produce and wines of the other colonies. 2 In 1878 there was a Russian scare, followed by a Royal Commission on Defence (1879) and a Conference of Premiers (1880). Queensland seized New Guinea in 1883. In 1885 Lord Derby, then Secretary of State for the Colonies, put forward a scheme of Naval Defence (1885). Admiral Tryon, as Commander- in-Chief of the Australian Station, negotiated Naval Subsidies with the Premiers of Queensland, New South Wales, and Victoria (1886). The first Colonial Conference was held in London in 1887. The Organisations of the Protestant Churches became inter-colonial during the Nineties. Labour Unions were federated in 1890 and PastoraUsts' Unions in 1891. 162 THE FEDERAL COUNCIL reception of this speech showed with what unerring instinct Sir Henry Parkes had chosen his occasion. The movement passed at once from the politicians to the people. An effort was made, which was partly sincere and partly prompted by Victorian mistrust of Sir Henry Parkes, to turn the current of public feeling towards a strengthening of the moribund Federal Council, ^ which * The Federal Council was established in 1885 by an Act of the Imperial Parliament. It consisted of two representatives from each participating State, appointed by the Ministry of the day It met biennially at Hobart and was charged with legislative powers over (1) The relations of Australia with the Islands of the Pacific ; (2) Prevention of the influx of criminals ; (3) Fisheries in Australian waters beyond territorial limits ; (4) The service of Process ; (5) The enforcement of Judgments beyond the limits of a colony. It had also derivative power over (1) Defence ; (2) Quarantine ; (3) Patent Law ; (4) Copyright ; (5) Bills of Exchange ; (6) Marriage and Divorce ; (7) Nationalisation, and (8) other matters which any four or more States might agree to refer to it. The original legislative powers affected all the participating States ; those which were conferred by reference, only the reforming States. Sir Henry Parkes, who had supported the formation of this Council in 1880 soon perceived that it might be an obstacle to closer union. New South Wales, consequently, always held aloof from it. " I am convinced," said the states- man, " that the whole matter is wrongly based. It is impossible for any body constitutionally feebler than the Colonial Parlia- ments to stand any strain in legislation against any strong public feeling in any one of them. . . . The Federal Council is based on the idea of initiating Federation, . . . but as it stands, it wants the elemental strength of election. It wants the highest authority, which is the authority of the people of the several colonies. No Federal Council is capable of putting out strength unless it is a Convention elected by the representatives of the people." The writer, in an article which appeared in Alacmillan's Magazine in 1885, described the Federal Council in these terms : — " It originated in no Colonial Parliament and was suggested by no popular movement. It is inferior in all the attributes of a gov- erning body. It makes no provision for an executive ; it has no power of taxation ; it cannot appropriate a penny of the Federal revenue ; it contains no provision for an appellate judiciary to decide conflicts between federal and local authority. It is thus a Cabinet without responsibility ; a Government without authority ; an Executive without a revenue. . . It must give rise to numberless occasions for dispute." 163 THE COMMONWEALTH OF AUSTRALIA might have been successful, if Lord Carrington, the Governor of New South Wales, had not himself supported and encouraged Sir Henry Parkes to persevere with the larger scheme of Union, against strong pressure by his brother Governors. ^ In 1890 a Convention was held in Melbourne, chosen, according to the suggestion of Sir Henry Parkes, out of the Parliaments of each colony, half representing the Ministeriahsts and half the Opposition, for the purpose of devising and reporting upon an adequate scheme of government. The proceedings were entirely deliberative, and were directed to obtaining expressions of opinion on the policy of Federation and what should be the leading features of a Federal Constitution. The eloquence and personality of Sir Henry Parkes domin- ated this assemblage, which was at first suspicious and half-hearted. After a full and useful discussion, it adjourned to Sydney, where it met in 1891 for the purpose of framing a Constitution. The Convention of 1891 Sir Henry Parkes presided there, and a series of resolu- tions were submitted to the Convention as the basis of a Draft Bill. The discussion upon these revealed an over- whelming provincial feeling in favour of a Union after the model of the United States. Sir Henry Parkes urged in vain that the Canadian type was preferable, in which the Central Government delegated limited powers to the States, and exercised the residue itself. The Convention, however, determined that the Commonwealth should be carried out of the States, the latter retaining all powers which they had not expressly parted with. The personal ^ Earl Carrington has preserved the correspondence of this period between himself. Sir Henry Parkes, Sir Henry Loch, Gov- ernor of Victoria, and others at this period. This will be of great value in helping historians to understand the cross-current of the early Federal movement. More of its success is due to Lord Carrington than the public guesses. 164 DIFFICULTIES OF FEDERATION element played a large part in this decision. Mr. A. Inglis Clark, the most learned constitutionalist in the Convention, and Sir Samuel Griffith, the keenest lawyer, were both admirers of the United States, which the former knew by observation as well as by books. Both of these leaders too came from small States, where the fear that the Central Government would be dominated by the cities of Sydney and Melbourne was very real. Most of the members, unfamiliar with constitutional problems and regarding with traditional reverence the Constitution of the United States, which was then only known to English- men by Mr. Bryce's book, ^ were content to follow these leaders and vote for the less centralised form of Union. No other decision was possible at the time on account of local fears and jealousies, which the advocates of a more powerful central government were not able to allay by any appeal to experience, because no other people had tried to create a National Government out of such unequal units as the six Australian States, and neither in Canada nor the United States had the several interests been apparently so irreconcilable. It was as if two New Yorks and four Delawares or Marylands had tried to make the United States, and, although Canada had to face a rivalry between Ontario and Quebec neither of these provinces menaced the independence of any other. Nevertheless, the mistake thus made in 1891 will have to be corrected, when the growing sense of Nationality demands fuller expression, by re-modelling the Federation on Canadian lines. The Draft Bill When the Convention separated it was intended to submit a Draft Bill, which had been prepared by Sir Samuel Griffith, Mr. A. Inglis Clark, Sir John Downer and Mr. Barton, ^ to the Parliaments of all the States, ^ " The American Commonwealth," pubhshed 1883. 2 Afterwards Sir Edmund Barton. 165 THE COMMONWEALTH OF AUSTRALIA which were to suggest amendments for consideration at another meeting. But these anticipations were not reahsed, because this Convention never re-assembled. ^ After 1891 the pubhc mind was too much occupied with the problems of the commercial and industrial crises, to give consideration to constitutional changes. The Labour Party too was at that time indifferent to union and a section of it was hostile. Nevertheless the seed which had been sown was bearing fruit. Sir Henry Parkes and Mr. Barton never lost hope. Small groups of men, unconnected with party politics, formed Federal Leagues in every city constituency ^ ; and Mr. Barton owes his succession to the Federal leadership to the persistency with which, undismayed by small attendances and popular indifference, he instructed the people in Federal matters during the four dark years which followed 1891. Not- withstanding that he was then Attorney-General and the real leader of the Assembly, he found time, during ^ Even while the Convention was sitting Mr. Reid had denounced Federation, comparing, in a parable. Free Trade New South Wales, preparing to unite with five Protectionist colonies, to a teetotaller proposing to keep house with five drunkards ! He was defeated in an amendment to the Address on Reply, proposing that the Draft Bill should not be considered, by 67 to 35 votes ; but next week, with another Free Trader, the late Mr. J. H. Want, joined the Protectionist Opposition in a Vote of want of confidence which resulted in a defeat of the Government by four votes and a consequent Dissolution. The Labour Party appeared for the first time in the New Parliament, demanding priority for local measures of reform. Sir George Dibbs, a consistent opponent of any form of Federal union, succeeded Sir Henry Parkes, who never again held office. * Most of the workers for union at this time were in humble circumstances, and very few had previously taken part in politics. The late Mr. S. A. Byrne, a sign-painter by trade and an inde- fatigable organiser and speaker, and Mr Thompson, of Paramatta, a printer, who ran at his own cost for three issues a weekly paper called The Australian Federalist, are two of many who rendered yeoman service in those days, without any reward or recognition. It was, indeed, a time of stirring of hearts, when it was good to be alive. 166 FEDERATION AND TARIFFS this period, to deliver nearly two hundred scholarly addresses on constitutional points to audiences which often numbered less than fifty. Gradually public opinion crystallised in favour of some form of union. But there was still to be another period of delay. Since the Con- vention had dispersed, local questions had come to the front. Chief among these was a tax upon land values, which was supported, both as a measure of finance which might save the Free Trade policy of New South Wales, and as a powerful instrument of social and economic reform. Sir Henry Parkes, with ampler vision, refused to divide parties upon the lines of local politics, insisting that no true friend of Federation would choose such a time to alter the local tariff or make other fiscal changes, which would further comphcate the problem of Federal finance by widening the difference between the financial system of New South Wales and that of the other colonies. Everyone now admits that these were the words of wisdom, but unhappily they fell at the time upon deaf ears. Many of his supporters deliberately chose to put the policy of land value taxation even before Federation, and most of them have now realised that they grasped at the shadows and lost the substance. The effect of this action was to shelve the question of Federation for three years. The Convention of 1897-8 The movement was re-started from the beginning upon lines originally suggested by Sir Henry Parkes in 1885, and earnestly advocated in 1894 by Sir John Quick at a meeting at Bendigo (Victoria) of the " AustraHan Natives' Association " — a body of young men to whose loyalty and devotion to the cause of Union its ultimate success may be due. Ten representatives of each State, elected by popular vote, met at Adelaide in March, 1897 — after the death of Sir Henry Parkes — to frame a Federal Constitution. 167 THE COMMONWEALTH OF AUSTRALIA The session was interrupted by the departure of the Prime Minister for London to attend the Jubilee, and was resumed in August at Sydney. In the interval each House of Parliament in the several colonies had suggested amendments in the Draft Bill that had been prepared at Adelaide, upon the lines of that of 189L Another adjournment took place in September on account of the imminence of a General Election in Victoria, and the final sitting took place in Melbourne between January 20th and March 12th of the following year (1898). Altogether the Convention was engaged for four-and- a-half months in the work of framing a Federal Con- stitution. Its proceedings were marked by a dignity, eloquence, and knowledge which deeply impressed Australian opinion and have won the admiration of all foreign critics. According to the original agreement come to between the Premiers at Hobart in 1895, the Bill, as finally approved by the Convention, was to be sub- mitted to a popular vote and to be considered carried if a majority of electors voted in its favour. Every colony passed the Act which authorised this Referendum upon the faith of this understanding ; but the Parliament of New South Wales, with the acquiescence of Mr. Reid, carried a measure while the Convention was still sitting, repealing that part of the Enabling Act which provided that a majority of votes should carry the Bill, and sub- stituted a provision that the Bill should be considered lost in New South Wales if at least 80,000 votes were not recorded in its favour. As the rolls then stood, a poll of 150,000 was as large as could be expected ; so that by this breach of faith the wishes of the majority were thwarted and provincialism gained a new lease of life. None the less, at the first Referendum, June 18, 1898, 71,595 votes were cast in New South Wales for the Bill and 66,228 against. In every other colony the Bill was carried by overwhelming majorities, except in Western 168 THE FIRST GOVERNMENT Australia, where, by agreement between the Premiers, the poll was to be taken a year later. The majority in New South Wales, though ineffective to carry the Bill, took the sting out of the opposition to it, and when after Mr. Reid had met the other Premiers in Conference, and a slightly amended^ Bill had been re-submitted to the popular vote in 1899, it was carried in New South Wales by a large majority. The spade-work of the Federalists had told. The movement itself had taken charge and the people had become Federalists without knowing why. The final stage was the submission of the Bill to the Imperial Parliament, which passed it without further amendment than that affecting the clause which pro- hibited appeals to the King in Council. This was modified by giving the High Court the final word in the interpretation of the Constitution and giving suitors the option of appealing from a State Court either to the High Court or the Privy Council. The first Govern- ment was formed at the end of 1899 and Ministers were sworn in on January 1, 1900, in the Centennial Park at Sydney. The Prince of Wales opened the first Parlia- ment in Melbourne under the King's Commission in May of the same year. The ten years' fight was ended, a fight of which the published and secret details — the characteristics of the leaders on either side, the varying phases of the contest, the nature of the obstacles to ^ The Bill as submitted contained the following alterations : — " The Braddon Clause " was retained for a definite period of ten years ; the capital was not to be in Sydney ; nor anywhere within a radius of 100 miles, but it was to be in New South Wales ; at the joint sitting of both Houses, in the event of a deadlock, a bare majority was substituted for a three-fifths majority, with the addition that it must be an absolute majority. None of these alterations, except the first, affected the provisions which had been the special object of attack before the first Referendum. They were together less than the alterations which Mr. Barton and the Federalists offered to obtain at the General Election of 1898, but which the " Antis " then rejected as inadequate. 169 THE COMMONWEALTH OF AUSTRALIA be overcome, — will be investigated in years to come with the same reverential curiosity which is now directed towards the details of the struggle for American Union, which is the only political movement of modern times among English-speaking people equal to this in permanent importance. When history is fully written, the names which will be held in remembrance are Parkes, Carrington, Barton, Deakin, O'Connor — and the writer hopes — his own. Many others lived before Agamemnon ; and others would have striven as hard, had there been any serious contest in their own State. NOTE TO CHAPTER " The Struggle for Union " Some account ^ may be given of this memorable struggle without interrupting the narrative. In each colony an import- ant section of the Press was oddly critical, the politicians were indifferent, a Labour Party was suspiciovis, and powerful provincial interests formed active centres of hostility. In each colony also the statisticians and financiers condemned the finan- cial proposals of the Bill, but this unanimity was the less terrifying, because these critics in each province foretold the exaltation of the other provinces upon the ruin of their own and no two of these agreed upon the causes of the coming disaster or the methods of escape. The Australian Natives' Association of Victoria struck the key-note of the contest in that State in a demonstration at Ballarat, March, 1898, which Mr. Deakin attended, of such importance that it forced the Age (the leading Protectionist news- paper) from an attitude of open hostility into a sulky acquiescence. From that moment the success of the Bill in Victoria was assured. Mr. Higgins, now a Judge of the High Court, led the Opposition with good temper and ability ; but only succeeded in securing 22,099 negative votes against 100,520 ayes. Tasmania, where the leading newspaper (Hobart Mercury) opposed the Bill, and whose interests were undoubtedly exposed to risk by the financial clauses, was captured by her young men, who, fired by the enthusiasm of Victoria and helped from New South Wales, con- ducted a spirited campaign in every part of that reputedly sleepy island. The votes were : Ayes, 11,706 ; Noes, 2,716. In South * See for a further account of the struggle for Australian union an article by the writer on " The Commonwealth of Australia " in The National Review, July, 1899. 170 OPPOSITION TO FEDERATION Australia the Ayes were 35,800, the Noes, 17,320. The interest and risks of the struggle centred in New South Wales. Of all the colonies she (like New York), from the extent and variety of her resources, could best afford to stand alone. She was proud of her comparative fiscal freedom, and Federation meant a certain raising of the tariff. She had smarted for many years under the unneighbourly taxes imposed upon her trade by hostile tariffs and was inclined to look upon Victorian overtures for Union as a wish to enlarge her glutted market. The magnitude of her income from the public lands and the pernicious practices of supplementing deficiencies in revenue by paying items of ordinary expenditure out of Loan Funds made it easy for pro- vincialists to draw misleading comparisons between her financial condition and that of other colonies. Thus nowhere in Australia was it easier for ignorance to appeal to local patriotism or for malice to excite provincial jealousies. Speakers and writers, who were conveniently blind to the daily loss which she was suffering from disunion, exhausted themselves in lamentations over the sacrifices which were demanded of the Mother Colony and in denunciation of her avaricious neighbours. Mr. Reid, saying that he would vote for the Bill, led the campaign against it and gave a new term to Australian political slang. It was called the "Yes-No" attitude. "His Aye shall be Aye, and his Nay, Nay ; and his Yes-No shall he Yes-No." The Press organ of the Government — The Sydney Daily Telegraph — exhausted the resources of the printer's art in pictorial and literary scare-lines on the unsuspected risks of union. On the eve of the poll it dispatched a terrifying supplement to every elector in the colony containing a collection of these awful prognostications. The most serious — but possibly a less effective — opposition came from a curious alliance between the Labour Party and the wealthier classes. The Labour Party objected to the constitu- tional clauses and the " classes " took alarm at the financial. The cry was raised against the Bill that the equal representation of the States in the Senate destroyed majority rule, although without this provision there would have been a Unification not a Federation. These advocates of " majority rule " were the first to insist that the wishes of the majority as declared by the first Referendum should be disregarded. The wealthier classes, on the other hand, denounced the Bill as ultra-democratic and some of them particularly objected to the clauses which would prevent the centralising railway policy, by which trade was forced from its natural channels into Sydney ; the majority were afraid of increased taxation. 171 CHAPTER II THE NATURE OF THE FEDERAL GOVERNMENT The double aspect of Federation — Distinction between a Federal and a Sovereign Government — The Sphere of the Common- wealth — The National Sovereignty — Federal Powers — Special Provisions — Navigation and Irrigation — Differential Railway Rates — Railway Construction. The Proclamation of the Commonwealth on January 1, 1900, gave AustraUa for the first time a National Govern- ment which could act directly for every citizen. Until then the legislative power of a separate State had ceased at its borders and matters of common concern, such as a tariff or a system of defence, could only be dealt with by agreements, for breach of which there could be no penalty, between governments whose personnel and policy was constantly changing. This was an intolerable inconvenience. A Federal Government however could exercise by its own inherent authority, all those powers which no single State was able to possess or discharge, and this was the primary purpose of the Australian Commonwealth. There were also other matters, such as the administration of Post and Telegraphs, which could be undertaken more satisfactorily by a central authority, and which the States surrendered to the Commonwealth for reasons of convenience. The discharge of these functions was a subsidiary purpose of the Union. Thus the problem of Australia, as of every other form of Federal union, was twofold : — to create a Central Government, which should have all the powers of an independent government, so long as it acted within the scope of its inherent authority, and secondly, so to fix the relations of this Government to the separate States, that it might exercise, within the fixed limits of the 172 STATE AND FEDERAL POWERS bargain, the powers which they have surrendered to it. In neither case is it a complete scheme of government, exercising all the functions and duties undertaken by a civilised community, because it is always itself subject to the Constitution, and because the Constitution pre- supposes the existence of the States and assumes their wide and constant activity. Nor are the State Govern- ments less bound than the Federal by the Constitution. In all matters within its inherent powers or assigned to it, the Federal Government is supreme ; in other matters a State retains its former legislative power which is of course still united by its territorial bounds ^ and by the terms of its own Constitution. Even so there is a resi- duum of power which cannot be exercised either by the Commonwealth or by the States. Distinction Between a Federal and a Sovereign Government This great distinction between the Commonwealth and a State Parliament, — which within the very wide limits set by its physical boundaries and its Constitution, is a sovereign body, exercising not a delegated but an inherent power, — has not yet been fully grasped in Australia. The public mind has been so familiarised with a parliament, which, in Coke's quaint phrase, " can do everything but make a man a woman," that it received a rude surprise when, on two recent occasions, the High Court held that legislation to extend the advantages of a protective tariff directly to the workmen in a protected industry ^ was beyond the powers of the ^ It was at one time thought that the State ParUaments exercised a delegated authority from the Imperial Parliament. The Privy Council in Powell v. Apollo Candle Company (1885) held that within the limits of its Constitution a State Parliament was supreme. This must be read now subject to the Federal Constitution. 2 See infra, p. 272. 173 THE COMMONWEALTH OF AUSTRALIA Commonwealth. Indeed, the hmited range of the Commonwealth's legislative power is so little understood that the Prohibition question and other local issues, in respect of which the Commonwealth has no powers, frequently figure in Federal elections. This essential distinction between the Commonwealth and a sovereign legislature must be constantly kept in mind during the following discussion of the Federal Constitution. The Sphere of the Commonwealth The Constitution was based on resolutions, passed at the opening session of the Convention, held at Adelaide in 1897. The terms of these ore emphatic in recognition of the higher purposes of Australian union. A Federal Government was not desiderated merely as an amalgama- tion of business interests, but, in the stately language of the preamble to the resolutions, " in order to enlarge the powers of self-government of the people of Australia." For this purpose it was declared " desirable to create a Federal Government, which shall exercise authority throughout the Federated Colonies subject to the following principal conditions." The preamble to the Constitu- tion Act strikes an equally high note " Whereas the people of New South Wales, Victoria, South Australia, Queensland and Tasmania, ^ humbly relying on the blessings of Almighty God, have agreed to unite in one indissoluble Federal Commonwealth under the Crown of the United Kingdom of Great Britain and Ireland, and under the Constitution hereby established." The conditions of union referred to in the preamble to the Adelaide resolutions, reflect the temper of the day. The first two, placed out of logical order in deference to susceptibilities, declare " that the powers, privileges and territories of the several existing colonies shall remain ^ Western Australia came in as an " original State " at a later date. 174 FEDERAL MACHINERY intact, except in respect of such surrenders as may be agreed upon to secure uniformity of law and administration in matters of common concern " and " that after the estabhshment of the Federal Government there shall be no alteration of the territorial possessions " [e.g., Lord Howe and Norfolk Islands, which were dependencies of New South Wales] " or boundaries of any colony without the consent of the colony or colonies concerned." Then followed a declaration of those larger purposes of govern- ment for the sake of which the union was about to be formed : — " (3) That the exclusive power to impose and collect duties of Customs and Excise and give bounties, shall be vested in the Federal Parliament. (4) That the exclusive control of the military and naval defences of the Federated Colonies shaU be vested in the Federal Parlia- ment. (5) That the trade and intercourse between the Federated Colonies, whether by land or sea, shall become and remain absolutely free." The machinery by means of which these objects were to be achieved was thus described — " (a) A Parhament to consist of two Houses, namely, a States Assembly or Senate, and a National Assembly, or House of Representatives : the State Assembly to consist of representatives of each Colony, to hold office for such periods and to be chosen in such manner as will best secure to that Chamber a perpetual existence combined with definite responsibility to the people of the State which shall have chosen them. The National Assembly to be elected by districts formed on a population basis, and to possess the sole power of originating all bills, appropriating revenue or imposing taxation, {b) An Executive, consisting of a Governor- General, to be appointed by the Queen, and of such persons as from time to time may be appointed her advisers, (c) A Supreme Federal Court, which shall also be the High Court of Appeal for each Colony in the Federation." 175 THE COMMONWEALTH OF AUSTRALIA The National Sovereignty The framers of the Constitution gave effect to these instructions in a manner which makes the double purpose of a Federal Union sufficiently clear. They wisely left uncatalogued the larger and inherent powers which belong to the Commonwealth as a National Govern- ment, in reliance upon the doctrine laid down by Chief Justice Marshall, and ever since acted upon in the United States, that " the creation of a National Government implies the grant of all such subsidiary powers as are requisite to the effectuation of its main powers and purposes." * This doctrine equally applies to the exer- cise of those powers which have been conferred upon the Commonwealth by the States. " When once the grant of a power by the people to the National Government has been established — (and the search for the power must be conducted in a spirit of strict exactitude) — that power will be construed broadly. The people, — so Marshall and his successors have argued, — when they confer a power, must be deemed to confer a wide discre- tion as to the means whereby it is to be used in their service. For their main object is that it should be used vigorously and wisely, which it cannot be if the choice of methods is narrowly restricted ; and while the people may well be chary in delegating power to their agents, they must be presumed, when they do grant these powers, to grant them with confidence in the agent's judgment, * This confidence received a rude shock from the decision of the Privy Council in the case of V^ebb v. Outtrim (the Income Tax cases), which denied the apphcabiUty of Marshall's doctrine of " implied powers " to the Australian Constitution. The High Court of Australia has refused to adopt this view ; and, as appeals from State Courts to the Privy Council on questions which involve the interpretation of the Constitution are now forbidden, the American rules of interpretation will in future prevail. Mr. Bryce calls attention to the rigidity with which the Privy Council has interpreted the Dominion Act, in contrast to the flexibility of American construction. 176 1^ CD ?: .2 INHERENT POWERS allowing all that freedom in using one means or another to attain the desired end which is needed to ensure success." 1 This, which would in any case be the com- mon-sense \dew, is fortified by the governing words of Sect. 51, which enumerates the legislative powers of the Commonwealth Parliament : — " The Parhament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Common- wealth with respect to," etc. . . . And by the last sub- division of the same Section " (xxxix) Matters incidental to the execution of any power vested by this Constitution in the Parhament or in either House thereof, or in the Government of the Commonwealth, or in the Federal Judicature, or in any department or offices of the Com- monwealth." This sub-section is the nearest approach in the Constitution to an enumeration of the inherent powers, which vest in the Commonwealth by the mere fact of its existence, but it does not include all. These are rather to be gathered from the whole Constitution than from any single clause. Thus, in addition to the inherent powers of the Commonwealth to legislate in respect of its Parhament, ^ Government, ^ or Judiciary, ^ referred to in Sect. 51 (xxxix), similar power is somewhat illogi- cally conferred upon it, by Sect. 52 and 122, in respect of Federal Territory b}' Sect. 52 in respect of the Federal Civil Ser\dce, and by Sect. 90 in respect of duties of customs and excise and bounties. Sect. 119, which imposes upon the Commonwealth the duty of protecting any State against invasion — a duty which existed without any statutor\^ imposition — also gives scope for the exercise of the inherent power of legislation. As, however, no one can foresee the future, or foretell the circumstances ^ The above is Mr. Bnxe's summary- of the doctrines which were just explained in McCullock v. Maryland. - Sections 1, 3, 7, 8, 9, 30, 49, 50. 3 Sections 3, 4. 61, 70. * Sections 71, 72, 73, 74, 76, 77, 80. 177 • rs— (2133) THE COMMONWEALTH OF AUSTRALIA which may require the exercise of its powers by a National Government, the Constitution, in this par- ticular as in others, is purposely a skeleton, which time will cover with flesh and blood. No one can yet say what powers of development lie within its pregnant phrases. ^ Federal Powers A list of matters which come within the purview of the Federal Parliament is contained in Sect. 51 of the Constitution, which is in these terms : — 5L The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to : — (i) Trade and Commerce with other countries and among the States { 2 ) 1 The American doctrine of development, which shocks Eng- hsh lawyers, must be recognised by the Judges of a Federal Court, if the Constitution is not to lie, like a dead hand, upon the people and prevent progress. " The cases which arise as to the construction of these general words " {i.e., the Constitu- tion) cannot be foreseen until they arise. When they do arise the generality of the words leaves open to the interpreting Judges a far wider field than is afforded by ordinary statistics which, since they treat of one particular subject, contain enactments comparatively minute and precise. Hence although the duty of the Court is onl}^ to interpret, the considerations affecting interpretation are more numerous than in the case of ordinary Statutes, more delicate, larger in their reach and scope. They sometimes need the exercise not merely of legal acumen and judicial fairness, but of a comprehension of the nature and methods of government which one does not demand from the European Judge who walks in the narrow path traced for him by ordinary Statutes." Bryce, "American Commonwealth," i, p. 339. Ed. 1882. > ( 2 ) A similar clause in the United States Constitution has been held to include legislation regarding every kind of transportation of goods and passengers, whether from abroad or from one State to another ; regarding navigation, maritime and internal pilotage, maritime contracts, etc., together with the control of all navigable waters which lie in more than one State, the construction of all public works helpful to commerce, etc., etc. See Baker's " Annotated Constitution of the United States " and Bryce's " American Commonwealth," vol. i, p. 504. (Ed. 1883.) 178 FEDERAL POWERS (ii) Taxation, but not so as to discriminate between States or parts of States. ( ^ ) (iii) Bounties in the production or export of goods, but so that such bounties shall be uniform throughout the Commonwealth, (iv) Borrowing money on the public credit of the Common- wealth. ( 2 ) (v) Postal, telegraphic, telephonic, and other like services, (vi) The naval and military defence of the Commonwealth and of the several States, and the control of the forces to execute and maintain the laws of the Commonwealth, (vii) Lighthouses, lightships, beacons and buoys, (viii) Astronomical and meteorological observations, (ix) Quarantine. (x) Fisheries in Australian waters beyond territorial limits, (xi) Census and statistics, (xii) Currency, coinage, and legal tender, (xiii) Banking, other than State banking ; also State banking extending beyond the limits of the States concerned, the incorporation of banks, and the issue of paper money, (xiv) Insurance, other than State insurance ; also State insurance extending beyond the limits of the State concerned, (xv) Weights and measures, (xvi) Bills of exchange and promissory notes. (xvii) Bankruptcy and insolvency. (xviii) Copyrights, patents of inventions and designs, and trade-marks, (xix) Naturalisation and aliens. (xx) Foreign corporations, and trading or financial corpora- tions formed within the limits of the Commonwealth, (xxi) Marriage. (xxii) Divorce and matrimonial causes ; and in relation thereto, parental rights, and the custody and guardianship of infants, (xxiii) Invalid and old-age pensions. (xxiv) The service and execution throughout the Commonwealth of the civil and criminal process and the judgments of the Courts of the States. ( ^ ) The American Constitution adds the further limitation that taxation must be equal. This renders an Income Tax unconstitutional . (2 ) No money has yet (1908) been borrowed by the Common- wealth. The Labour Party has steadily resisted any such proposal. 179 THE COMMONWEALTH OF AUSTRALIA (xxv) The recognition throughout the Comnaonwealth of the laws, the pubUc Acts and records, and the judicial proceedings of the States. •'(xxvi) The people of any race, other than the aboriginal race in any State, for whom it is deemed necessary to make special laws, (xxvii) Immigration and emigration. (xxviii) The influx of criminals, (xxix) External affairs, (xxx) The relations of the Commonwealth with the islands of the Pacific, (xxxi) The acquisition of property on just terms from any State or person for any purpose in respect of which the Parliament has power to make laws, (xxxii) The control of railways Avith respect to transport for the naval and military purposes of the Commonwealth. (xxxiii) The acquisition, with the consent of a State, of any railways of the State on terms arranged between the Commonwealth and the State. (xxxiv) Railway construction and extension in any State with the consent of that State. ■ (xxxv) Conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State. (xxxvi) Matters in respect of which this Constitution makes provision until the Parliament otherwise provides. (xxxvii) Matters referred to the Parliament of the Common- wealth by the Parliament or Parliaments of any State or States, but so that the law shall extend only to States by whose Parliaments the matter is referred, or which afterwards adopt the law. (xxxviii) The exercise within the Commonwealth, at the request or with the concurrence of the Parliaments of all the States directly concerned, of any power which can at the establishment of this Constitution be exercised only by the Parliament of the United Kingdom or by The Federal Council of Australia. (xxxix) Matters incidental to the execution of any power vested by this Constitution in the Parliament or in either House thereof, or in the Government of the Com- monwealth, or in the Federal Judicature, or in any department or office of the Commonwealth. This Section does not as might be imagined withdraw from the control of the States the matters which are mentioned in it. The mere grant of a power to the Commonwealth does not of itself, unless it is conferred 180 STATE LEGISLATION as an " exclusive " power, imply a prohibition upon the States to exercise the like power. It is not the existence in the National Government of the power to legislate upon any of the matters mentioned in the Thirty-Nine Articles of Sect. 52, but the exercise of any of them, which is incompatible with the exercise of the same power by a State. This is made clear by the provisions of Sects. 107, 108 and 109, ^ which expressly preserve all the legislative powers of a " colony which becomes a State," except in so far as this " may be vested exclu- sively in the Commonwealth Parliament or withdrawn from the Parliament of the State" (Sect. 107), and con- tinues all laws of the colony, which were in force at the date of its becoming a State {i.e. a member of the Com- monwealth), with permission to alter or repeal any which has not formed the subject of Commonwealth legislation (sect. 108). In the event of any inconsis- tency between the law of a State and that of the Common- wealth, the law of the former to the extent of the incon- sistency is invalid (sect. 109). This latter provision effectually establishes the supremacy of the Common- wealth over the States in respect of every matter which is legally within its purview. In addition to the subjects of legislation mentioned in Section 52, over all of which, except (iii) and (xxxix) ^ Sect. 107. Every power of the Parliament of a colony which has become or becomes a State, shall, unless it is by their Constitution exclusively vested in the Parliament of the Common- wealth or withdrawn from the Parliament of the State, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State as the case may be. Sect. 108. Every law in force in a colony, which has become or becomes a State, and relating to any matter within the powers of the Parliament of the Commonwealth, shall, subject to this Constitution, continue in force in the State ; and until provision is made in that behalf by the Parliament of the Commonwealth, the Parliament of the State shall have such powers of alteration and of repeal in respect of any such law as the Parliament of the colony had until the colony became a State. 181 THE COMMONWEALTH OF AUSTRALIA the States have a concurrent legislative power until this is withdrawn in respect of any of them by the exercise of the Commonwealth of its legislative power in that behalf, the Commonwealth has a power of legisla- tion which is exclusive of that possessed by the States in certain matters which have been already mentioned in the discussion of the Commonwealth's inherent powers. 1 The powers, which are mentioned in Sections 51 and 52 and implied in other portions of the Constitution, are the only ones which justify the Parliament in making, or the Executive in enforcing, a law of the Commonwealth. All other legislation and administration is left to the States without power of interference by the Federal Legislature or Federal Executive. The subjects com- prised in these powers, — either because all parts of the nation are alike interested in them or because it is only by the nation, as a whole, that they can be satisfactorily undertaken, — correspond with the powers of Congress as they are thus summarised by Mr. Bryce : - — " (1) Army and Navy ; (2) Federal Courts of Justice ; (3) Commerce, foreign and domestic ; (3) Currency ; (4) Copyright and patents ; (5) Postal communication ; (5) Taxation for the foregoing purposes and for the general support of the Government ; (6) The protection of citizens against unjust or discriminating legislation by any State." Yet, although the Constitution of the Commonwealth follows in its main lines that of the United States, its framers have avoided some of the latter's narrowness. Parhament, for instance, unlike Congress, can deal with marriage and divorce. It may pass an Income Tax and ex post facto legislation, and is not haunted by the dread lest any of its measures should " impair the obligation ^ See supra, p. 175. * "American Commonwealth" (i, p. 41. Ed. 1883.) In addition the United States have the power of war and peace. 182 DIVISION OF POWERS of a contract." ^ Indeed, two of the matters within its jurisdiction, — Old Age and Invahd Pensions, and Concihation and Arbitration in Industrial Disputes which extend beyond the State — are clear departures from the eighteenth century doctrine of Freedom of Contract. On the other hand, the powers of Parliament are very inconveniently restricted in some directions. Thus, although the Central Government controls immigration, the States own the land, which is a chief inducement to settlement in a new country, and up to the present the States have refused to consider any scheme of co-operation with the Commonwealth for the purpose of attracting population. Industrial matters are another subject of legislation which should properly belong to a National Government, in order that the conditions of competitive production should be the same, with the necessary allow- ance for climatic variations throughout the continent. ^ Equalisation of the industrial standard throughout the continent would seem to be a corollary of that free commercial intercourse without discrimination which is an underlying principle of the Constitution, and an amend- ment of the Constitution in this direction is now con- templated. The most important power retained by the States is the control of the policej'iwhich, if American experience be a guide, may prove a useful instrument for encroaching upon Federal authority.^ ^ Much of the social and industrial legislation of England and Australia could not be passed in America either by the States or Congress in consequence of the constitutional prohibition against laws " which impair the obligation of a contract." 2 The High Court has declared (1907) that the Commonwealth has no power to make it a condition of a protective tax that the protected industry shall pay fair wages. The States have no effective machinery for enforcing such a condition, even if they all desired it. * Many Acts which seem to impinge upon Federal authority have been justified in the United States by involving the doctrine of " Police power," i.e., that a State should preserve order within 183 THE COMMONWEALTH OF AUSTRALIA Education is another large subject which hes outside the scope of Federal action, and the Commonwealth could not even establish an Australian University. Obviously it could not have the Canadian power of legislation upon all matters not coming within the classes of subjects assigned exclusively to the legislature of the provinces, for that would change the basis of the Union and deprive the States of the residuum of power — but it cannot even, like the German Bundesrath, pass factory legislation, or a press-law, or a law controlling the right of association, nor unify legal procedure nor con- solidate the civil and criminal law, — unless, indeed, it be held that some of these powers are implied in those which have been expressly granted. The functions of the Commonwealth may be enlarged at some future date, if any State surrender any portion of its legislative power (Sect. 108) or of its territory (Sect. Ill), or if it prefer a request to the Commonwealth to exercise " any power which can at the establishment of their Constitution be exercised only by the Parliament of the United Kingdom or by the Federal Council of Australia." ^ Any two or more States may refer any matter to the Commonwealth and give it legislative power over that matter within their own boundaries (Sect. 52, xxxvii). The laws of the Parliament have force within the Commonwealth and " on all British ships, the Queen's ships of war excepted, whose first port of clearance and whose port of destination are in the Commonwealth." The principal expressed restrictions on the Common- wealth power are those which forbid any interference its own limits. To English lawyers this doctrine seems to have been stretched very far. 1 New South Wales Courts, by the Charter of Justice (1826) have jurisdiction over crimes committed in the Pacific Ocean. This is a larger jurisdiction than that of the Federal Judiciary. Courts of Vice-Admiralty also exist in the separate States. These are left unchanged by the Constitution. 184 OTHER PROVISIONS with freedom of trade and intercourse within the States > and those which are intended to prevent any alteration in the position of the States to their prejudice ; e.g., Parhament cannot alter the equality of State representa- tion in the Senate or reduce the number of representatives below six for each State (Sect. 7), nor can it allot to any State less than five members' in the Representative Assembly (Sect. 24). In a Constitution framed on the principle of specifying the powers of the Federal Govern- ment such expressed restrictions are illogical, but they serve as reminders that it originated from a compact between independent States. Special Provisions The inclusion of some powers among those belonging to the Commonwealth is as noticeable as the omissions of others to which attention was called in an earlier page. Their presence is explained by historical causes, which require elucidation. The subject, " Influx of Criminals " (xxviii of Sect. 52), and ''non-aboriginal" races for whom it may be deemed necessary to make special laws (xxvi of Sect. 52) are notes of local and transitory difficulties, the former in respect of escapees from New Caledonia, the French penal settle- ment, the latter in respect of the Kanakas in Queensland. Others reflect more serious controversies. Navigation and Irrigation Section 100, for instance, which limits the power of the Commonwealth to deal with navigation (Sect. 98) by conserving the right of riparian owners to use river water for irrigation, was the outcome of a serious struggle in the Convention between South Australia on the one side, and New South Wales and Victoria upon the other, as to the rights of each in the waters of the Darling and the Murray. By grant of the Imperial Parliament, 185 THE COMMONWEALTH OF AUSTRALIA New South Wales owns all the waters of the Murray up to the Victorian border, and this river rises in her territory, through which also the Darling runs for the greater portion of its course. By Common Law, New South Wales has the right of a riparian ow^ner to an undiminished flow of the Murray through her territory. South Australia has the same right in respect of her territory. But Victoria owns the largest feeders of the Murray and diverts their waters for irrigation. New South Wales threatens to do the same with the northern tributaries, the Darling and the Murrumbidgee. This would mean that South Australia could not receive enough water to maintain the fleet of steamers which now bring trade to Adelaide from half-way up the river courses. To such a country as Australia, navigation upon a bar- bound river would seem a trifling importance in com- parison with the development of agriculture by the use of its waters. But the South Australian delegation was the ablest in the Convention, and by persistency and skilful bargaining it procured the subordination of the larger interest to the smaller by forbidding the Common- wealth to impair the navigability of any river. It is hoped that the three States concerned will jointly construct works by means of which the levels of the Murray and the Darling will be maintained, while at the same time the waters can be freely used for irrigation. Differential Railway Rates An even more serious conflict is reflected in the several clauses which forbid the discrimination between States and require any preferential rates to be approved by an Inter-State Commission, constituted ad hoc (Sections 92, 99, 101, 102 and 103.) This is an historical echo of a long struggle between the four eastern States to divert trade, each to its own capital, without regard to geographical position. The railways were the instruments 186 A WASTEFUL POLICY in this provincial game of " beggar-my-neighbour," and the States of New South Wales and Victoria the worst offenders. Each made free use of differential rates, Victoria to secure and New South Wales to keep, the trade of the Riverina district. The Victorian railways would carry goods to the border, if these were consigned to places on the other side, for merely nominal rates, and New South Wales would charge excessive rates from its border station to the places in question, and low rates for the longer distance between these and Sydney. South Australia took a hand by quoting a still lower combined steamer and railway rate and Queensland cut her rates to Brisbane to get the trade of the North Western district of New South Wales. The beneficiaries were the residents within the zone of this competition, but the rest of the inhabitants paid heavily to further the business interests of a small class in every capital. Unfortunate as such a struggle was from many points of view, it was not wholly indefensible. Although the natural outlet of most of the trade in question was to Adelaide, Brisbane, or Melbourne, it came from territory in regard to which New South Wales bore all the cost of Government and which had been developed by New South Wales Railways, which made Sydney for practical purposes their nearest market. In one instance a Victorian Government quoted so low a rate from its border station to Melbourne, that practically this paid the whole of the difference in cost of the land and river transport of a clip to the border station, a distance of about 100 miles and its transport to Sydney by the New South Wales Railway, although the loading station on this latter line was only four miles from the wool-shed. ^ Instances of preferential and differential rates of the New South Wales and South Australian railways could be given which are equally scandalous. ^ Uardry, on the line from Sydney to Hay. This was in 1885-6. 187 THE COMMONWEALTH OF AUSTRALIA Yet, anxious as the Convention was to end this fooUsh struggle, the halting language of the Constitution reflects the difficulties of the task. Although " preference and discrimination by any State " is forbidden, this is only if it is " undue or unreasonable or unjust to any State," and of this the Inter-State Commission is the final judge (Sect. 102). Even Parhament may not declare any rate unlawful for carriage of goods on a Government railway, if the rate is deemed by the Inter-State Commission, " to be necessary for the development of the territory of the State, and if it applies equally to goods within the State and the goods passing into the State from other States " (Sect. 104). 1 Contrast these hesitating and involved provisions with the direct prohibition to the Commonwealth. " The Commonwealth shall not, by any law or regulation of trade, or commerce, or revenue, give preference to one State or any part thereof over another State or any part thereof " (Sect. 99). The provincialists were ready enough to condemn their own practices, when it became a question of permitting them to the Commonwealth. Preferential and differential rates were not the only matter in connection with the railways, with regard to which provincialists preferred the interest of the States to the common welfare. The harmless looking provision in number xxxiv of Sect. 52 empowering Parliament to make laws in respect of " Railway construction and extension in any State with the consent of that State,^^ enshrines the memory of another bitter controversy within its last six words. Railway Construction In pursuance of her centrahsing policy, New South * Working agreements as to traffic have now been made between the competing States. Probably however " cutting " of rates continues, though not to the same extent. 188 RAILWAY DIFFICULTIES Wales refused to carry any railway but her portion of the trunk line between Brisbane and Adelaide, to the north bank of the Murray ; she preferred instead to build rail- ways from east to west ending nowhere, in order to divert to Sydney the trade which in a natural order of things would go to Melbourne or Adelaide. The Riverina furnishes two conspicuous examples of this " dog-in-the- manger " policy. A long spear from the trunk line runs along the Riverina, in a parallel course to the Murray and ends at a town called Hay. Ninety miles further on the Victorian railways, by means of a private line from the border, connect the town of Deniliquin with Melbourne. Hitherto no representations have been able to induce the New South Wales Government to permit of a connection being made between Deniliquin and Hay. The same Government has run another spur from the trunk line into the southern portion of the same district. It stops at Jerilderie, thirty miles from a port on the southern bank of the Murray to which a railway runs from Mel- bourne. Another spur runs from Albury to Germanton. The rate to Sydney from these places is made low enough to counteract the advantage of proximity possessed by Victoria. In the same spirit. New South Wales has stopped the railway which connects her northern rivers a quarter of a mile from the Queensland border, to which a railway runs from Brisbane. At the Convention it was proposed to settle all these difficulties and at the same time the problem of finance by federalising the railways. For this, public opinion was not yet ripe. The proposal however put the provincialists on guard ; and the words " with the consent of the State " were added to Sub- section xxxiv to prevent the linking up of the New South Wales with other systems. The proposal received the silent vote of the South Australian delegation, for reasons which have become apparent since the scheme of a trans-continental railway from east to west has 189 THE COMMONWEALTH OF AUSTRALIA been before Parliament. South Australia is now in a position to block the scheme by refusing a passage for the line, unless she can get her own terms. Having thus dealt with the nature, sphere, and special provisions of the National Government, it remains to consider in what manner it is constituted and of what departments it consists. 190 CHAPTER III THE EXECUTIVE The Crown — The Executive Council — Responsible Government. The Australian Constitution follows the American, in dividing the system of government into three depart- ments — Executive, Legislative, and Judicial, but unlike its model, it maintains no clear line of demarcation between Executive and Legislative. The Crown The people of the Australian States having united " in one indissoluble Federal Commonwealth under the Crown " (Preamble), the King, whose office is the symbol of Imperial Unity, is their natural head. But every Constitution, which is granted to a colony, is pro tanto an abandonment, by the Crown and other Estates of the Realm, of a portion of their sovereignty. In this case, by the Australian Constitution Act, the Crown has abandoned all its rights and powers, as regards the Commonwealth, except the supreme power of Peace and War and the right to refuse assent to or annul certain Acts of the Australian Parliament. Those which must be reserved for the Royal Assent used to be specified in the Instructions to the State Governor, but the Instructions to the Governor-General are silent on the point. ^ The power to annul is, in the interests of the Empire, left general and unspecified. In all other matters the Crown acts in Australia through the Governor-General : — " The executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor-General, as 1 Probably the Governor-General in the exercise of his dis- cretion would be guided by the rules laid down for the State Government. See below, p. 198. 191 THE COMMONWEALTH OF AUSTRALIA the Queen's representative, and extends to the execution and maintenance of this Constitution and of the laws of the Parhament" (Sect. 61). As such Representative, the Governor-General has the command in chief of the naval and military forces of the Commonwealth (Sect. 68), and, in the same capacity he chooses, summons and dismisses Federal Executive Councillors, who hold office during his pleasure (Sect. 62). He also exercises all the powers and functions in regard to the Commonwealth, which were possessed by any State Governor in regard to his State, at the establishment of the Commonwealth 1 (Sect. 70); and the King can further confer upon him the right to exercise, subject to the Constitution, any powers or functions of the Crown (Sect. 2). He is appointed by the King for a fixed term, which has been hitherto five years, but may be recalled at any time. A salary of £10,000 is attached to the office (Sect. 3). This may be reduced or increased by Parliament ; but may not be altered during any term of ofiice, lest the independence of the holder might be brought into question. In the exercise of the powers which have been already mentioned, the Governor-General acts upon his own responsibility as representative of the King. In other matters he acts with the advice of the Federal Executive Council ; — that is, he is the constitu- tional head of a responsible government on the English model. The Executive Council The Constitution places no limit to the Federal Execu- tive Council, which might legally be increased to any number which the Governor-General deemed necessary. In practice, however, it is limited to the seven " King's Ministers of State," who administer the seven departments, ^ e.g., The Prerogative of Mercy incasesofofiences against the Laws of the Commonwealth. 192 THE MINISTRY which the Governor in Council has estabhshed^ (Sect. 63) and must be members of the Council, and also be, or become within three months of appointment as Ministers, members of one or other House of Parlia- ment (Sect. 64). Parliament may increase the number of Ministers and prescribe their offices (Sect. 65). The total of the ministerial salaries may not exceed /1 2,000 per annum, until Parliament makes other provision (Sect. 27). Ministers on quitting office cease to be Executive Councillors, according to present practice ; but this is not a constitutional requirement. ^ These few provisions contain the key to the Australian Constitution, for which however an American or foreigner would search the text in vain, unless he were acquainted with the practical working of British Government. For they presuppose a familiarity with the methods of government, which then existed in every Australian State, and the continuance of responsible government is assumed without being specially enacted. At the same time, the provisions which enable its continuance are sufficiently wide to allow of other systems, should this one prove unsuited to a Federation. Except that Ministers ^ The Departments already established are those of External Affairs, the Treasury, the Attorney-General, Home Affairs, Trades and Customs, Defence and the Postmaster-General. The seven Ministers of State preside over these departments with the Vice-President of the Executive Council and, sometimes, an Honorary Minister from the Cabinet. 2 No Australian or English reader will need to be told that the Governor-General's apparent liberty in choosing his Executive Council is virtually restricted by the constitutional usage, which requires that the Ministry shall have the confidence of the House of Representatives. The practice is for the Governor- General to send for some prominent member to form a Ministry. He arranges the distribution of portfolios and submits these to the Governor-General for approval. Theoretically the Governor can disapprove of any name, and doubtless a tactful Governor can often influence a Premier in the formation of his Ministry ; but he is by usage required to accept the whole list when it is formally presented for his approval. 193 13— (2135) THE COMMONWEALTH OF AUSTRALIA must sit in Parliament, there seems no limit to the changes which might be made with the acquiescence of the Governor-General, in the method of appointment, tenure of office, or function. No part of the Constitution evinces greater sagacity and foresight. Consider for a moment the nature of the problem which the framers of the Constitution had to solve. Responsible Government Most of these men had been Ministers of the Crown in their respective colonies, and all were so familiar with the practice of responsible government that they would not willingly have established any other. Yet many doubted whether it would be possible to preserve responsible government in a federal system. ^ One of the ablest representatives of the smaller States, Sir Richard Baker 2 (South Australia), was a convinced disbeliever in the compatibility of the two systems. " Either federa- tion," he wrote, " will destroy responsible government, or responsible government will destroy federation ! . , . There cannot be a responsible government which is responsible to two Houses." There seemed no logical outlet from this dilemma. Driven to make a choice, the Convention, as we shall see in the next chapter, preferred rather to preserve the practice of responsible government, than the logical cohesion of the Federal idea. The future however was by no means clear. The Senate, although it might be ultimately driven to admit the supremacy of the House of ^ Responsible government requires (1) the collective responsi- bility of the Cabinet ; (2) that Ministers should have a majority in the House which controls supplies ; (3) that they should have a common and concerted policy ; (4) that they should recognise the Leadership of the Prime Minister ; (5) that the resignation of the Prime Minister should carry with it the resignation of the whole Cabinet. * Afterwards the first President of the Senate. 194 THE CABINET Representatives, yet retained so much more power than the Upper Chamber of any colony, except Victoria, that its obedience to a majority in the House of Representa- tives appeared problematical. Drawing their power from the same source as the House of Representatives, namely adult suffrage, but drawing it in the concentrated form of support from large constituencies, ^ and holding office for six years instead of three, might not Senators develop an unmanageable corporate pride ? And as a State House were they not bound to place State interests before every- thing ? No Cabinet can live in perpetual constitutional conflict. Therefore, while retaining responsible govern- ment, it seemed wise to leave the way open for its modifi- cation or abolition, should new conditions make either necessary. Responsible government, then, with the collective Cabinet responsibility which it implies, is the cardinal and distinctive feature of the Australian Constitution. ^ Will the experiment succeed ? Even such enthusiastic federal- ists as the late Mr. David Syme and Mr. Inglis Clark often felt doubts on the subject. The discussion of such a question involves a discussion of the character of Parhament, because, as Mr. Bryce has ^ Senators are returned by the vote of each colony voting as one constituency, except in Queensland, where there are three electoral divisions for the Senate. ^ In the United States the Executive is completely separated from the Legislature to the harm of both. No 5linister can hold a seat in Congress. The Cabinet is responsible individually to the President, and collectively neither leads a party nor frames a policy. Congress thus deprived of leaders, flounders in a chaos of business, which covers up much incompetence and corruption. Its members, as Mr. Bryce puts it, are " architects without science, critics without experience, censors without responsi- biUty." In Canada, which also has responsible government, the difficulties caused by the composition of the Australian Senate are absent. Canada is an example rather of a Umited unification than a Federation ; and its Senators are appointed by Ministerial nomination. 195 THE COMMONWEALTH OF AUSTRALIA pointed out, one consequence of the system is the merging in Parhament of the legislative and executive powers. The right of the majority of the House of Commons to displace a Ministry, whose actions it disapproves, in- directly makes the House a dictator of Ministerial pohcy. Parliament is the real government of the country, only it acts through Ministers whom it has itself chosen. It is forced by its unwieldy size to leave so large a measure of its discretion to its trusted agents that they appear distinct from it, but the real Executive is the majority which keeps him in ofhce. And as the legislature is in a sense executive, so the Executive, or Cabinet, has legisla- tive power, because the initiation and passing of measures rests mainly with them. They are legislative leaders as well as executive agents. Accordingly the enquiry into the working of responsible government wdll be properly postponed until the nature of the Commonwealth Parliament has been explained. 196 CHAPTER IV PARLIAMENT The Governor-General — The Senate — The House of Representa- tives — Relations between the two Houses — -The States House — Money Bills — Deadlocks — Tacking — Limitation of the Legislative Power — The Prerogative — Fundamental Laws. The first section of the Constitution provides that " The legislative power of the Commonwealth shall be vested in a Federal Parliament which shall consist of the Queen, ^ a Senate, and a House of Representatives." The Governor-General ( The King by English law is part of Parliament, as well as head of the Executive. All laws are made in his name ^ and must receive his assent. The legislative functions which the King still exercises in the Commonwealth are limited, as has been already explained, to giving or withholding assent to reserved Bills, or annulling within one year of its passage any Act which might be prejudicial to the larger interests of the Empire. In all other respects the Governor-General performs the legislative as well as the executive functions of the Crown as representative of the King. Thus all Bills are presented to the Governor-General ^ This Act was passed in 1900, before the death of Queen Victoria. 2 "Be it enacted by the King's Most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Tem- poral, and Commons, in this present Parliament assembled at. . . . " The corresponding enacting clause of the Commonwealth Acts is as follows : — " Be it enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows. . . ." 197 THE COMMONWEALTH OF AUSTRALIA for his assent in the King's name and do not become Acts of Parliament until this has been given. His Instructions do not require him to reserve for His Majesty's consent any Bill. But probably he would be guided in the exercise of this discretion, to assent to or reserve for His Majesty's pleasure, any Bill which came within the class of measures to which a State Governor is prohibited from assenting b}' his Instructions, namely, (1) any Bill dealing with divorce ; (2) any Bill whereby any donation or grant of money or gratuity may be made to himself ; (3) any Bill affecting currency [the power to legislate about currency is, however, expressly granted to the Common- wealth Parliament] ; (4) any Bill which is inconsistent with the obligation of a Treaty ; (5) any Bill of an extraordinary nature and importance whereby the Royal Prerogative or the rights and property of residents in the State, or the trade and shipping of the United Kingdom and its Dependencies may be prejudiced ; (6) any Bill containing provisions to which the Royal Assent has been once refused or which has been disallowed by His Majesty. ^ Further, as stated above, any Act, although it has been assented to in the King's name by the Governor-General, may be annulled by the King, within one year from the date of such assent (Sect. 59). The Governor-General also, as representative of the King, summons, prorogues, dissolves Parliament, subject to an obligation to hold a session onc(^ in each year, and not to allow twelve months to intervene between two sessions (Sect. 6). Writs for the election of members of the House of Representatives run in the name of the Governor-General, since it is fitting that the representative of the National Government should summon the National House. ^ Writs for the ' These Instructions are dated Oct. 18, 1900. They permit the Governor to assent to any of these measures in case of urgency. * So-called in the Convention Resolutions. See infra, p. 175. 198 THE SENATE Senate, which is the State House, are appropriately issued by the respective State Governors, at the request of the Governor-General (Sect. 12). A power is also given to the Governor-General, which is unknown to the British Constitution, of taking a direct part in legislation by returning any proposed law to the House in which it originated, and ' ' transmitting therewith any amendments which he may recommend. And the House may deal with the recommendation " (Sect. 58). This power would doubtless only be exercised under exceptional circum- stances ; but its existence in the Constitution indicates the confidence of the Australian democracy that the Crown will always select a fit representative. The Senate The two Houses in which, with the King, the legislative power of the Commonwealth is vested, bear a superficial resemblance, in their respective functions, to the Senate and House of Representatives of the United States, or the House of Lords and House of Commons in Great Britain. But the differences between the Australian Parliament and Congress or the British Parliament are so considerable, that readers should be cautioned against applying American or English standards to the examination of the Australian system. The Senate consists of six senators from each State,* directly chosen by the people of the State, voting, until the Parliament otherwise provides, as one electorate (Sect. 7), 2 and must be at least twenty-one years of age, electors of a State, for three years at least resident in the Commonwealth, and subjects of the King, either ^ Senators in the United States are elected by the State Legislatures : in Canada they are nominated for life by the Ministry of the day. 2 The same section allows the Queensland Parliaments to divide the State into three electoral districts for the election of Senators. 199 THE COMMONWEALTH OF AUSTRALIA natural born or for five years naturalised (Sect. 34). A candidate must not be under certain disqualifications, viz., a subject or citizen, or under any acknowledgment or allegiance to, a foreign power ; attainted of treason or under sentence to a term of imprisonment for longer than one year ; an undischarged bankrupt or insolvent ; the holder of any ofiice under the Crown or a pensioner of the Crown out of the revenues of the Commonwealth, except Ministers of the Commonwealth or of a State, or naval and military officers in receipt of pay or pension, whose services are not wholly employed by the Commonwealth ; any person contracting directly or indirectly for the public services of the Commonwealth, except as a member of an incorporated company of more than twenty-five persons. The seat becomes forfeited if a senator comes under any of the above disqualifications ; becomes bankrupt or insolvent : directly or indirectly takes or agrees to take any fee or honorarium for services rendered to the Commonwealth, or for services rendered in the Parliament to any person or State (Sects. 44 and 45). A senator sitting after his seat has become forfeited incurs a penalty of £100 a day, which may be recovered by a com.mon informer (Sect. 46). Senators are elected for six years and are eligible for re-election. One-half retire every three years, so that the body has a perpetual existence, and the whole of it is never renewed at the same time (Sect. 13). In the event of a vacancy occurring during the currency of a triennial period, it is filled by the Houses of both branches of the Legislature of the State, for which the vacancy has occurred, sitting and voting together. If this legislature is not in session the Governor of the State, in Council, nominates a person to hold the place until the expiration of fourteen days from the next session of the State Parliament. At the next general election of Members of the House of Representatives, or at the next election of senators for the State, 200 THE HOUSE OF REPRESENTATIVES whichever first happens, a successor shall, if the term be not then expired, be chosen and fill the vacancy until the expiration of the term (Sect. 13). Questions arising in the Senate are determined by a majority of individual votes, and the President has in all cases one vote (Sect. 23). One-third of the Senate constitutes a quorum, but Parliament may reduce or enlarge this (Sect, 22). The Senate, unlike the Senate of the United States, only possesses legislative functions. It has to concur in all measures before they can become law, and their powers except as to certain bills are the same as those of the House of Representatives. The significance of this restriction will be considered in the discussion of the relations between the two Houses. House of Representatives The House of Representatives is chosen directly by the people of the Commonwealth (Sect. 24), voting on a popu- lation basis in electorates defined by the respective State Parliaments (Sect. 29) ^ on a uniform adult suffrage. Five members at least must be chosen from each original State, and the total number of representatives is as nearly as practicable seventy-two, or twice the number of the Senators (Sect. 24). The quota for each constituent State is determined by dividing the number of the people of the Commonwealth by twice the number of Senators. This works out at about 50,000 voters to each representa- tive. The present apportionment of members to each State is, — New South Wales, 27 ; Victoria, 22 ; Queens- land, 9 ; South Australia, 7 ; Western Australia, 5 ; Tasmania, 5 : — Total, 75 members. The qualifications and disqualifications of representatives are the same as those of senators (Sects. 34, 43,45,46). Writs are issued 1 If the States did not define electoral districts, the Common- wealth Parliament could do so. Failing this the State would form one electorate ; and Senators and Representatives would be elected by the same constituency. 201 THE COMMONWEALTH OF AUSTRALIA in the name of the Governor-General (Sect. 32), and the duration of the House is three years from its first meeting, but it may be dissolved sooner by the Governor-General (Sect. 28). The Speaker, unhke the President of the Senate, has no vote (Sect. 40). The powers, privileges and immunities of both Houses and of the members and committees of each, are such as shall be declared by Parliament and until declared shall be those of the House of Commons and its members and committees at the establishment of the Commonwealth (Sect. 49). Each House has power to make Standing Orders (Sect. 50). Relations Between the Two Houses A correct understanding of the relations between the Senate and the House of Representatives requires some familiarity with a long-standing constitutional struggle which was transferred from the political arena of the States to the floor of the Federal Convention. Every colony, following English example, had two Houses of Parliament, the one — the Legislative Council, usually representative of the mercantile and landed interests — the other — the Legislative Assembly — elected on a wide suffrage and democratic in opinion. The struggles between these two Chambers had been frequent and bitter, and many devices had been tried to overcome the opposition of the Council to the more radical measures of the Lower Houses. The most effective was un- doubtedly the constitution of the Upper House by nominees of the Governor-in-Council. This plan gave the Second Chamber something of the influence and attributes of the House of Lords. It was constrained by its own traditions to yield before any clear manifestation of the popular will, and could at any time be coerced by the appointment of new members. On the other hand, the apparently more democratic device of elective Upper Chambers, as in Victoria and South Australia, had proved 202 THE MONEY PAWN a constant source of political trouble. On whatever suffrage or by whatever electorate a Legislative Council was elected, it could resist any measure of the Assembly, so long as it retained the support of its own constituents, and this could only be ascertained by a General Election, which would be punitive to the Assembly also. Dead- locks between the two Houses were consequently frequent. One in particular in Victoria, between 1868 and 1873, had brought the colony to the verge of revolution. The last weapon in the armour}'^ of the Assembly was the power of refusing supplies or imposing taxation. Con- sequently any attempt by a Council to interfere with a money bill was jealously watched and invariably resisted. The possession of the " money pawn " became at last the deciding factor in these constitutional struggles. In spite of these difficulties in the way of harmonious working between the two Houses, no proposal for a single chamber had found favour. It became, consequently, from the first, a matter of general agreement that there must be two Houses in any form of Federal union. There was not, however, the same unanimity as to their relative powers. The States House From the beginning of the Federal movement a party had advocated what was called to the end of the con- troversy " majority rule," which meant that a majority of voters on a population basis should be able, through their representatives, to enforce their wishes upon all occasions. Queensland, Tasmania, and South Australia were inexorable against this or any other form of limited unification, which they feared would mean, in practice, the supremacy of the two large cities, Sydney and Mel- bourne, whose inhabitants, out of touch with their own country districts, knew nothing of the many difficulties of the remote States. They insisted, too, that on historic 203 THE COMMONWEALTH OF AUSTRALIA as well as theoretic grounds, the union must be Federal, and made it plain that they would prefer to continue separate, unless their identity as States was preserved in the union. It is evident now, after eight years' trial of union, that these demands undervalued the national sentiment and were based on the delusion that parties would di\'ide upon the issue of Commonwealth versus States. In fact, party divisions have never been upon State lines and are not likely to become so, while nothing indicates that the States will ever group themselves, as a body, in opposition to the Commonwealth. In 1891, however, and onwards, the apprehensions of the smaller States seemed less unreasonable, and at any rate it was plain to all that without the required concession, there could be no union. Thus, from the outset of its deliberations, the Convention of 1897 was pledged to a system of Federal union, which meant in practical working that before any measure became law, it should be approved by a majority of federating States, as well as by a majority of the people of Australia. Accordingly the most conspicuous and what was at the time deemed the most important function of the Senate was that it should be, in the language of the Adelaide Resolutions, a " States House," which should represent the several States, as States, in the Federal union. It logically followed from the conception of a national union which was based upon the consent, not of the people as a whole, but of the States, that each State — the smallest with the biggest — should be on equality with the others in the States House. The equal representation of States in the Senate is thus a fundamental principle of tlie Australian union. No law of Parliament can ever alter it — although Parliament may increase the number of Senators — and no State can be deprived of its equality of representation wthout its own consent (Sect. 7). Not reassured by these provisions, the delegates from the 204 MONEY BILLS smaller States carried the doctrine of State equality in a States House to the extreme of an insistence that the power of each House of Parliament should be identical. Money Bills The first struggle raged at Adelaide over the question of Money Bills and the fate of the Constitution hung in the balance for many days. At one time the hope of settlement had been almost abandoned and had a division been taken at the anticipated hour, a majority would have been recorded in favour of the States Right doctrine that the Senate should have an equal power with the House of Representatives in respect of taxation. Calmer heads suggested an adjournment until next day, when three representatives from Tasmania^ and one from South Australia, ^ whose names deserve grateful remembrance, rejected the urgent representations of the delegates from Victoria and New South Wales, and voted, for the sake of union, ^ in favour of the supremacy of the House of Representatives in money matters. As might have been anticipated in a British assembly, the final result was a compromise. The House of Repre- sentatives retains the power of the purse, as an essential instrument of national sovereignty. Consequently all Appropriation and Taxing Bills ^ must originate in that Chamber, and cannot be amended by the Senate, although they may be rejected. The Senate however may return any such Bill with suggestions^ — a distinction which is not, as some critics have thought, without meaning, but ^ Messrs. Henry, Lewis, and Brown. « Mr. Glynn. ^ The late Sir Joseph Abbott, then Speaker of the New South Wales Assembly negotiated the concession. * " Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate." (Sect 53.) 5 This provision was copied from the South Australian Constitution. 205 THE COMMONWEALTH OF AUSTRALIA one which retains to the House of Representatives full responsibility for the final shape of the measure. The Senate moreover cannot amend any Bill so as to increase any charge or burden upon the people. In all other respects it has equal legislative power. The same struggle was renewed over the provisions which dealt with cases of conflict between the two Houses, and was not decided until the final session of the Convention in Sydney. Deadlocks On the one side it was urged that to deprive the Senate of a power of veto rendered the equal representation of the States an illusory safeguard and was taking away with the one hand what had been given with the other ; that conflicts were not likely to arise over any of the thirty-nine subjects within the legislative power of Parlia- ment, and that if they did occur, a majority of Senators, who it was assumed would represent a majority of States, ought not to be coerced by the representatives of larger populations. " Deadlocks," it was argued in words borrowed from Mr. Bryce, ^ " are not always disadvantageous ; they are also the price that must be paid for Constitutional freedom, and can only be avoided in a Despotism." True, however, to its belief in the necessity of maintaining the supremacy of one House, as an essential condition of national sovereignty, the Convention, on the motion of the writer at Adelaide, made both Houses hable to simultaneous dissolution if the Houses of Representatives twice passed a Bill to which the Senate declined to agree. This, it was argued, was a sufficient safeguard against factious opposition to minis- terial proposals, or imperviousness to popular ideas from excess of senatorial dignity. It was not, however, sufficient to satisfy Victoria and New South Wales. In ^ " American Commonwealth," Vol. 1, Ch. IX. 206 MAJORITY RULE both these colonies the equal representation in the Senate had met with strong opposition. The anti-Federalists, fixing attention only on the Senate, and conveniently ignoring the fact that representation in the House of Representatives was on a population basis, artfully declared that Tasmania had six times the voting power of New South Wales, although their respective populations were as 200,000 to 1 ,200,000. In both colonies the ghosts of dead controversies between the two Houses of the local legislature still walked the political field, and Liberals and Conservatives alike discussed the functions of a Federal Senate as though it were a local Upper House. Memories of traditional conflicts so overpowered the popular judgment, that a Senate to be elected by aU the people of every State on the widest possible suffrage, was pictured as a body of Conservatives, the limitation of whose power became a democratic cry. The thought may have been confused, but the aim was direct enough. On the question of the final supremacy of the national will there could be no concession. To allow even the people of a majority of States to thwart the wish of a majority of the Australian people would ensure the rejection of the Bill by Victoria and New South Wales, the two States whose adhesion was essential to any union. Accordingly it was agreed that if after the dissolution of both Houses, which had been already agreed to, the difference between them was still unsettled, a joint sitting should be held, at which a majority of three-fifths of the members present and voting could pass the Bill in dispute. This provision was accepted the more readily by the dele- gates from the smaller colonies, because they believed that no difficulty would be likely to arise between the two Houses, which would not be settled by the joint dissolution. The majority of three-fifths was changed after the first Referendum into an absolute majority. This had been proposed at the Convention by Sir George 207 THE COMMONWEALTH OF AUSTRALIA Turner (Victoria), but was opposed at that time by Mr. Reid (New South Wales). Tacking The delegates of the smaller States secured some important provisions for the protection of the Senate against a wanton exercise by the House of Representatives of its superior power. Section 54 of the Constitution is an example. It provides that " the proposed law which appropriates revenue as moneys for the ordinary annual services of the Government shall deal only with such appropriations." Again Section 55 provides that, " Laws imposing taxation shall deal only with the imposition of taxation, and any provision therein dealing with any other matter shall be of no effect. Laws imposing taxation, except laws imposing duties of customs or of excise, shall deal with one subject of taxation only ; but laws imposing duties of customs shall deal with duties of customs only, and laws imposing duties of excise shall deal with duties of excise only." These provisions are of historic interest, because they recall the great contest in Victoria between the two Houses, in which the final victory rested with the Assembly by the use of the device of tacking, which these provisions have forbidden in the Commonwealth. The Senate can never, like a Legislative Council, be placed in the invidious position of either rejecting the Appropriation Bill and thus leaving the pubhc service unprovided for, or accepting some obnoxious measure, which has been tacked to it. Nor can it be forced to accept a tax, which it dislikes by inserting this in a measure of taxation which in other respects it favours. The combined effect of the provisions of the Constitution which affect the relations of the two Houses is to secure the ultimate supremacy of the House of Representatives in all matters in dispute between them, and to keep the power of taxation with the direct representatives of the 208 LIMITS OF POWER people, while giving every fair opportunity of criticism to the States House, and even permitting it as a revising Chamber to give the people, who are the final arbiters, an opportunity of re-consideration. Up to the present time there have been no conflicts between the two Chambers. It must not be supposed that Federalists favoured equality of State representation in the Senate from conviction of its soundness as a principle. No alternative was left them, if they wished for union because without equal representation in that House the smaller States would never have entered into a Federal system. That the device has produced none of the anticipated conse- quences, is due to the fact that the apprehensions which caused its adoption had no substantial basis. The useful- ness of the Senate as a revising and legislative Chamber has been due to the obliteration of its original function as a States House. And in this sense responsible government is " killing Federation." The loss is not mourned. Limitations of the Legislative Power The Commonwealth Parliament, being in a Federal system, is not, as has been explained, ^ sovereign like the British. It remains to state its limitations. [ In the first place, the Prerogative of the Crown, except in so far as this has been abandoned by assent to Acts of Parliament limiting its exercise or delegated to the Governor-General, remains in full force in Australia as in England. Neither Commonwealth nor State could declare war, and members of the Australian military forces — as has been decided by the Privy Council in a recent case, ^ which, although it has not yet attracted much attention, is a constitutional landmark — are none 1 Supra, p. 197. ^ Howarth v. Walker, 1905, Appeal Cases. 209 • 14— (2133) THE COMMONWEALTH OF AUSTRALIA the less " soldiers of the King," because they serve the Commonwealth. The Constitution itself recognises the Prerogative in the sections which refer to the power of the King to annul Acts, although these may have been assented to in his name by the Governor-General, within one year from the date of such assent. Probably this power would only be exercised to protect the larger interests of the Empire, but, in its terms, it is unrestricted. The King also assents or refuses assent to all Bills which the Governor-General by his instructions is required to reserve for the Royal pleasure. All these measures are reserved and dealt with by virtue of the Prerogative, which may be found in practice to limit the powers of the Commonwealth in unexpected ways. Secondly, restrictions are placed upon the legislative power by the terms of the Constitution. Fundamental Laws No Act of Parliament can alter the fundamental basis of the union — the equal representation of States in the Senate — by six senators to each State — although it may increase the number of Senators (Sect. 7). Nor can it reduce below live the number of Representatives to be apportioned to each State on a population basis (Sect. 24). Nor could it abolish the office of Governor-General or the Judiciary, because these are as much a part of the Constitution as Parliament itself. Nor can any Act of Parliament amend the Constitution, without concurrence of a majority of both people and States (Sect. 128). Nor can it alter the salary of a Governor-General during his term of office (Sect. 3), nor construct a railway in a State (Sect. 52, xxxiv), nor deprive it of territory (Sects. 123 and 124), except for the purpose of forming a Federal capital (Sect. 125), or with its consent. Nor can it impose any kind of tax upon the property of a State (Sect. 114); or establish or prohibit any rehgion or establish 210 FURTHER LIMITATIONS a religious test (Sect. 115). Another group of limitations on the legislative power is directed to the preserva- tion of freedom of intercourse of trade and persons between the States and the prevention of invidious discrimination between States or their citizens (Sects. 92, 99, 117). All the limitations in this group are equally binding on the States, who are further expressly forbidden to maintain a military force without permission from the Commonwealth (Sect. 114), or to coin money or make anything but gold and silver coin a legal tender in payment of debts (Sect. 115). They are also under a prohibition to tax Commonwealth property (Sect. 114), and have no jurisdiction over any of the matters which, by the Consti- tution, belong exclusively to the Commonwealth or are withdrawn from the State Parliament (Sects. 107, 108). Any law of a State which is inconsistent with a law of the Commonwealth is invahd to the extent of the inconsistency. 211 CHAPTER V THE JUDICIARY The Judiciary and the Constitution — Appellate Jurisdiction — Original Jurisdiction — The Guardian of the Constitution. By Sect. 71 of the Constitution " the judicial power of the Commonwealth is vested in a Federal Supreme Court, to be called the High Court of Australia, and in such other federal courts as the Parliament creates, and in such other courts as it invests with federal jurisdiction. The High Court shall consist of a Chief Justice, and so many other Justices, not less than two, as the Parhament prescribes." These words make the High Court as much an essential part of the Commonwealth as the Governor-General or the Parhament. The judicial functions of the Court can never therefore be encroached upon or interfered with either by the Legislature or the Executive, nor can any duties be assigned to it which are not properly judicial and to be performed in a judicial manner. In this respect the High Court differs from the Supreme Court either of the Dominion of Canada or of any Australian State, because all of these are created by legislative enactment and can therefore have their powers amended or defined by the same power. It would seem to foUow from the nature of the High Court, that any law which purported to reverse one of its decisions would be unconstitutional and inoperative, since the rights of citizens can only be determined by the authority which possesses the judicial power. Parlia- ment could no doubt enact the law for future cases, but it could not deprive a litigant of rights which he had acquired by a decision of the High Court. ^ That is to ^ See on this point " Annotated Constitution of the Common- wealth," by Quick and Garran, p. 722. 212 THE COURTS say, the Legislature may over-rule a decision but may not reverse it. The distinction between Executive, Legislative and Judicial powers which runs through the Commonwealth Constitution would seem to deprive the High Court of all right to interfere with the exercise of the political discretion of the Executive. Thus, it could not grant an injunction to restrain a Minister of State from taking any action which did not interfere with the personal or civil rights of a citizen. The Federal Courts, other than the High Court, are created by Parliament and are not, hke the former, an essential part of the Constitution. They can therefore be called into existence or abolished at the will of Parlia- ment but in other respects they will have the purely judicial functions of the High Court. Appellate Jurisdiction The High Court of Australia differs from the Supreme Court of the United States, in being a Court of Appeal from the Supreme Courts of the several States. Its decisions are final except in so far as they are liable to be reversed by the Privy Council. Every citizen of the Empire has a right, of which he cannot be deprived by any legislature, of submitting his case to the final adjudication of the|'King in Council. It does not however follow that the King, as the fountain of Justice, will exercise his prerogative right to review the decision of any of his Courts in every case in which it is involved. The Common- wealth Constitution for instance requires that a litigant must obtain special leave from the Privy Council, before the Judicial Committee will entertain an appeal from a judgment of the High Court, and it empowers Parliament to limit the matters upon which such leave may be asked. But every proposed law containing such limitation must be reserved for the Royal Assent. The Constitution 213 THE COMMONWEALTH OF AUSTRALIA further limits the right of appeal to the Privy Council by prohibiting all such appeals " from a decision of the High Court upon any question, howsoever arising, as to the limits inter se of the Constitutional powers of the Com- monwealth and more of any State or States, or as to the limits inter se of the Constitutional powers of 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 " (Sect. 74). Original Jurisdiction The original jurisdiction of the High Court is either conferred by the Constitution or derived from Pariiament. The Court has original jurisdiction by the Constitution " in all matters, (i) Arising under any Treaty : (ii) Affect- ing consuls or other representatives of other countries : (iii) In which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is a party : (iv) Between States, or between residents of different States, or between a State and the resident of another State : (v) In which a writ of mandamus or prohibition or an injunction is sought against an officer of the Common- wealth " (Sect. 75). ^ Parliament may also confer original jurisdiction upon the High Court " In any matter (i) Arising under this Constitution or involving its inter- pretation : (ii) Arising under any laws made by the Parlia- ment : (iii) Of Admiralty, and maritime jurisdiction : (iv) Relating to the same subject-matter claimed under the laws of different States." (Sect. 76). Parhament has as yet only exercised this power in respect of the first class of matters in this group. The others remain within the jurisdiction of the State Courts. Parliament can also, under Sect. 71, invest the State Courts with Federal ^ The reader is referred for a detailed explanation of these matters to Bryce : " American Commonwealth," Pt. I, Chapter XXII. 214 THE HIGH COURT jurisdiction. Congress in the United States has no such power. The procedure of the High Court has been prescribed by Parhament but no other Federal Court has as yet been created. The Court sits periodically at the capital cities of the several States, and up to the present time the bulk of its business has been the hearing of appeals from the State Courts. The Judges (five in number) are appointed for life and can only be removed upon an address of both Houses of Parliament. Their salaries are : the Chief Justice, £3,000 ; the Justices, £2,500 each. By an ill-judged economy no pensions attach to the offices, and the salaries are less than those paid to the Judges of the Supreme Court in New South Wales and Victoria. This inferiority in the emoluments has fortunately not yet affected the standing of those accepting the offices, but it cannot be considered desirable that the less important judicial post should be better paid. The Guardian of the Constitution The High Court is at once the guardian and the inter- preter of the Constitution. Its function is to restrain the operations of each organ of the Constitution and of each constituent part of the Commonwealth within their proper ambits, and to refuse to give effect to any direction of a Minister of the Commonwealth, or of the Parliament itself, or of the Parliament or Minister of a State, which goes beyond the powers of the directing authority. This is the inevitable function of a Court which is called upon to interpret a written Constitution — just as it is the function of a Court in England to decide whether a public body exceeds its statutory authority or a Limited Liability Com- pany acts beyond the power conferred upon it by its Articles of Association. Simple and obvious as this func- tion is, when it is exercised in regard to subordinate authori- ties, it seems novel and surprising to most Englishmen 215 THE COMMONWEALTH OF AUSTRALIA when it is exercised in regard to an Act of Parliament. Yet a legislative body, which owes its existence to a statute, — as both the Parliaments of each State and that of the Commonwealth owe their existence to Acts of the British Parliament — can no more go beyond the powers which the statute confers upon it, than a municipality in England can pass bye-laws upon matters which are outside the scope of its authority. English people are so accustomed to the supremacy and unrestrained powers of the British Parliament that it shocks their sense of fitness when the Court declares an Act of Parliament unconstitutional, because this seems to fetter liberty of action and transfer the legislative authority from the elected representatives in Parliament to the Judges. Yet, as Mr. Bryce points out in explaining the similar functions of the Supreme Court of the United States, " There is really no mystery about the matter. It is not a novel device. It is not a complicated device. It is the simplest thing in the world if approached from the right side." The appearance of novelty and complication is caused by the fact that the Constitution has assigned certain powers of legislation to the Commonwealth Parliament and certain others to the State Legislature. Consequently, the Court in applying any statute is compelled to enquire whether it is within the powers of the Parliament by which it was enacted. If it is a statute of a State Parliament, which is incon- sistent with a statute of the Commonwealth Parliament, then, as the nation takes precedence of the State, the statute of the Commonwealth is preferred to that of the State. Or again, if the statute of the Common- wealth exceeds the power which the Constitution has conferred upon the Commonwealth Parliament, it is of no more effect than the unauthorised act of any other body of hmited authority. " In all this," as Mr. Bryce points out, " there is no conflict between the law courts and any legislative body. The conflict is 216 FUNDAMENTAL LAWS between different kinds of laws." And the State Courts are equally bound with the Federal Courts to exercise their judicial determination as to the vahdity of the laws which they are called upon to administer. The questions are always the same, viz., Whether an Act of the Common- wealth Parliament is compatible with the Constitution and whether an Act of the State Parhament is compatible with an Act of the Commonwealth Parhament and whether it deals with a subject matter within the legisla- tive authority of the State Parliament. The following passage from Mr. Bryce's book elucidates this important matter : — " The so-called ' power of annulling an unconstitutional statute ' is a duty rather than a power, and a duty incumbent on the humblest State Court when a case raising the point comes before it no less than on the Supreme Federal Court at Washington. When therefore people talk, as they sometimes do, even in the United States, of the Supreme Court as ' the guardian of the Constitution,' they mean nothing more than that it is the final court of appeal, before which suits involving con- stitutional questions may be brought up by the parties for decision. In so far the phrase is legitimate. But the functions of the Supreme Court are the same in kind as all other courts, State as well as Federal. Its duty and theirs is simply to declare and apply the law ; and where any court, be it a State Court of first instance, or the Federal Court of last instance, finds a law of lower authority clashing with a law of higher authority, it must reject the former, as being really no law, and enforce the latter. "It is therefore no mere technicality to point out that the American Judges do not, as Europeans are apt to say, ' control the legislature,' but simply interpret the law. The word ' control ' is misleading, because it implies that the person or body of whom it is used possesses and 217 THE COMMONWEALTH OF AUSTRALIA exerts discretionary will. Now the American Judges have no will in the matter any more than has an English court when it interprets an Act of Parliament. The will that prevails is the will of the people, expressed in the Constitution which they have enacted. All that the Judges have to do is to discover from the enactments before them what the will of the people is, and apply that will to the facts of a given case. The more general or ambiguous the language which the people have used, so much the more difficult is the task of interpretation, so much greater the need for ability and integrity in the Judges. But the task is always the same in its nature. The Judges have no concern with the motives or the results of an enactment, otherwise than as these may throw light on the sense in which the enacting authority intended it. It would be a breach of duty for them to express, I might almost say a breach of duty to entertain, an opinion on its policy except so far as its policy explains its meaning. They may think a statute excellent in purpose and working, but if they cannot find in the Constitution a power for Congress to pass it, they must brush it aside as invalid. They may deem another statute pernicious, but if it is within the power of Congress, they must enforce it. To construe the law, that is, to elucidate the -udll of the people as supreme law-giver, is the beginning and end of their duty." 218 CHAPTER VI THE WORKING OF THE SYSTEM Requisites of the Cabinet System — The Party System — ^Members — The System in Working — Elective Ministries — The Refer- endum — Members and the Constituencies — "Reckless Legislation " — Misunderstandings. The ground is now cleared for the postponed discussion on the working of responsible government in the Australian Commonwealth. As has been already shown, the difficulties which were anticipated from a Federal system have never affected responsible government, because the Senate has never performed its original function as a States House. It has always been divided by the same party lines as the House of Representatives, so that each year establishes more firmly the supremacy of the National Chamber, and strengthens any Ministry which commands its confidence. But the working of the system is beset with other difficulties of a more subtle kind, which according to some critics, can never be overcome in any Parliament, except the British. Requisites of the Cabinet System Responsible government, it is said, depends for its success upon a nice balance between what is lawful and what is expedient, which is only maintained in England, because government is in the hands of a ruling class, who have been trained at the great Public Schools in reticence and magnanimity and are controlled by the unwritten law of an inherited tradition. Next they urge that even if Australia has the leaders, she has not the clear- cut party-system without which responsible government cannot work. There is truth in both these criticisms, but they do not conclude the matter. Let us deal \vith 219 THE COMMONWEALTH OF AUSTRALIA each in turn. First as to the quahfication of Australian pohtical leaders. It has been said that Australian politics are the politics of great questions and little men. Like most generalisa- tions this is far from accurate. Sir Henry Parkes and Mr. Kingston, — both now dead, — and Sir Edmund Barton and Mr. Deakin would have taken a prominent place in any deliberative assembly. In Parliamentary skill the late Mr. Gilhes, of Victoria, had possibly no rival in the Empire ; while Sir Samuel Griffith has a genius for prac- tical legislation, which has made the Queensland statute book a model. Indeed, if the names of Australian public men were known in England, as they will be when a real unity of sentiment exists between the countries, no ques- tion could be raised of their ability to handle with success any political question. These men and their fellow- workers have had a long training in the practice of responsible government. This is largely due to the dominating influence over all Australian Parliaments, during their formative period, of one of the greatest Parliamentarians who ever lived and worthy to be ranked with Peel, Gladstone, and Macdonald^ — Sir Henry Parkes. A master of con- stitutional lore by study and instinct, he, more than any single individual, estabhshed the practice of respon- sible government in Australia and maintained it at a high pitch for forty years (1856-1896). From New South Wales his influence passed to Victoria, where Sir Graham Berry showed a similar mastership of the art. In Queensland the same tradition was maintained by Sir Thomas McKurack, a man of commanding power, and the lawyer-statesman Sir Samuel Griffith, now Chief Justice of the Commonwealth. In Tasmania and South Australia, Mr. Inglis Clark and Mr. C. C. Kingston were of the same school ; but their ' The vrell-known Canadian statesman. 220 ^Ml THE PARTY SYSTEM influence as Constitutionalists was less, because the conventions of responsible government are not easily observed in small colonies, where judgments are more swayed by personal feelings, and two distinct Ministries of equal efficiency are not easily found. That there is risk in transplanting from its native soil an exotic so delicate as the Cabinet no observer of Australian Parliaments could deny, but he would also admit that the Cabinet system has been worked hitherto by honourable men, whose perception of its claims and limits has been as delicate as that of English leaders, and who have reflected, in the observance of its self-imposed restrictions, the self-restraint and good feeling of Australian Parliaments. The Party System In every representative system it is difficult to reconcile the duty of a member towards his party or constituents, with that independence of judgment and discretionary action, without which responsible government is a sham and parliaments are no parliaments at all. But this difficulty is no greater in Australia than in England. The solution of it, which has been adopted in the United States, namely, that members should be mere delegates, so that one man is as good as another for a parliamentary representative, has never found favour with an Australian electorate, which, like the British, believes that the business of legislation requires both independence and ability. When the American view prevails in Australia it will be time to close the Parliaments. For the public can never be well served if it degrades its public men, and no democracy will long retain its own liberty, unless its leaders are permitted to claim theirs. It is true that no high degree of mental power or insight is needed for three-fourths of the concerns of government, but there is a residue, as Australians have always seen, which demands the exercise of the highest faculties, and which 221 THE COMMONWEALTH OF AUSTRALIA it is the test of statesmanship to handle properly. Thus, in the absence of some disturbing local feeling, constitu- encies, as a rule, choose the best man that offers ; and they prefer an educated man to an uneducated. They are there- fore vexatiously exacting about their members' votes. Being in closer touch with them than an English member is with his constituents, he can more easily avoid mis- understanding ; and independence, provided it is not self-seeking, is not less popular in the one country than the other. Australian Parliaments, indeed, are a fair reflex of Australian life, and if they are not better the fault does not lie with the constituencies. Are they, then, competent to work the delicate machinery of responsible government ? The casual reader of a newspaper, or the visitor to one debate, would answer without hesitation in the negative. Yet such an answer would be exceedingly erroneous. Members Mr. Gladstone was wont to say that Cabinet govern- ment could not exist in England for a week, if every Member of Parliament " played the game to win," that is to say, if he used every pawn, which the Constitution gave, to embarrass and impede it. The safeguard in England is the party system, which gives control of Par- liament to a few picked men on either side, on whom responsibility imposes caution, mutual sympathy, and forbearance. This safeguard is not wanting in Australia ; the Opposition has been itself in office and hopes to be again, and Ministers know that, in their due time, they too will sit in the cold shades. The daily business of Parliament can therefore be carried on by arrangement between the two leaders and honourable understandings between the Whips of either party. Yet these are more difficult to arrange in Austraha, where every Member is a politician and potential Minister, than in the House of 222 THE NEW MEMBER Commons, where a silent flock obeys the bidding of each Whip. The Austrahan Member, before he enters Parhament, has been absorbed in some occupation or has fought his way through Municipal or Labour Councils by the free use of every lawful weapon. At first the collective respon- sibility of a Cabinet seems to him an empty fiction and restraint on speech hypocrisy. The new Member gener- ally begins as a free lance. His fault is inexperience. He is anxious to do well, but he will begin before he has learnt the business of legislation. Payment of Members is remedying this defect by creating a class of professional politicians, who, like professionals in any other walk of life, do their work better than amateurs ; but an Austra- lian Parliament still lacks that knowledge of public affairs and instinct for government, which has become the heritage, by tradition, of the English leisured class. Partly as a result of this inexperience, and partly owing to the small number of Members, there is considerable waste of time in aimless motions and long speeches. There is none of that intolerance towards bores, which is a feature of the House of Commons, so that every Member can rely upon being permitted to hear himself talk for any number of hours. The Chambers are too small and the number of Members too few to admit of drowning a Member's voice by noise. In the House of Commons, where several hundred men can gather under dark galleries, organised expressions of the general disinclina- tion to listen to a tiresome speech can easily be made, which would be impossible among the smaller numbers scattered sparsely on the benches of a Colonial Assembly. Thus the public opinion of the House is not quite the restraining force that it is in England. Disorderly scenes however are not frequent and when they occur are made the most of by the Press. Some things it is true are permitted to pass unnoticed, but others are brought into 223 THE COMMONWEALTH OF AUSTRALIA undue and unnecessary prominence. Nevertheless it must be admitted that, when disorder does occur, it goes further than would be permitted in the House of Commons. One Parliament, too, has an evil notoriety for the un- restrained license of its language. Personal corruption is almost unknown. Such improper influencing of votes as does occur takes the form (not altogether unknown in England, of spending public money in the Member's constituency. On the whole, the standard of Australian Parliaments is high. In one respect they have an advantage over the House of Commons. The saying that, " No man is a hero to his own valet," strictly applies to Australian politics. A man cannot pose in Australian public life. Owing to the smallness of the community and the narrow circle in which he lives, he is speedily found out. ^ A man cannot get into office upon the credit of qualities which he does not possess ; for his strength and weakness are known to everyone. It may be questioned if this be always the case in England. Judicious mediocrity loves a crowd. This may not seem such a picture of the average Member of Parliament as would justify much confidence in his capacity to work responsible government. But it must be remembered that, just as the House of Commons is better than any individual in it, so even the smallest of Australian Parliaments establishes a higher standard for every member. And although no Australian Parliament can have the weight and dignity of the House of Commons, yet, being smaller, they perhaps educate their Members more rapidly, because each individual is of more consequence in a small body and feels a livelier ^ Also, and for the same reason, a public man in Australia (although he is not subject to the open and envenomed falsehood which seems to pursue a public man in the United States), — is much exposed to malicious gossip. Lying tongues, although not more busy in a small community, are more audible and troublesome, than in a larger one. 224 THE SYSTEM IN WORKING sense of the significance of his own action in bringing about the action of the whole. The System in Working Australian Parliaments may be turbulent because passions run high and the facilities for disorder are great, but they have a corporate pride which insensibly lifts their Members to a higher perception of their duties. They respond readily to good leadership and have the respect of the public because they believe in themselves. No Australian Parliament at its worst has ever sunk to the level of the Legislature of an American State. Austra- lians have shown an almost instinctive capacity for working the British Parliamentary system. Certainly the idea of the collective responsibility of the Cabinet shows no sign of waning. In 1903 when a vote of censure seemed likely to be carried against the Ministry of Sir John See, in New South Wales, because the writer, as Minister of Justice, had recommended the remission of a sentence on a prisoner, of whom the Judge who tried the case had reported that he was innocent and wrongly convicted, the Premier refused his colleague's proffered resignation and accepted responsibility for the whole Cabinet. Yet by the Instructions to the Governor the duty of advising remission in such a case was imposed upon the Minister of Justice individually and he had acted without the knowledge of his colleagues. The party system, on which responsible government depends, shows the same vitality. Indeed its excesses in the Commonwealth Parliament have created a new difficulty, because there are now three parties instead of the historic two, viz., the Free Trade Provincialist, the Protection Federalist, and the Labour Party. Fortunately the Federal sympathies of the Labour Party have enabled it, except for a short period, to work with Mr. Deakin, who leads the Federal Protectionists. But, as he has himself 225 15— (3I3B) THE COMMONWEALTH OF AUSTRALIA said, " You cannot play cricket with three elevens in the field." Probably the line between the two last-named of the three parties will tend to disappear, and Federation versus Provincialism become the dividing issue. But no wise man attempts to calculate the future of Australian politics. It is sufficient to note that men still vote together as a party in support of or in opposition to a Ministry, on account of a general agreement about certain large issues, and not because loyalty to party gives a title to the spoils of patronage. Elective Ministries Nevertheless at times in every Parliament the party system falls into discredit because, in the absence of vital issues, it lacks reality. This happens frequently in Aus- tralia, where the political pulse is never steady, and cold fits follow times of turmoil with remarkable rapidity. In prosperous times, for instance, when voters are making money, politics are usually dull. A season of depression follows and parties form themselves about another Ministry. Immense activity ensues — to the profit of the other side when good times return. During every lull, party ties relax and strange alliances are formed, which inspire plain people with disgust at what appears to be the insincerity of politicians. At such times, especially if the fusion of parties has produced, as it usually does, an amalgam of mediocrities — men regard favourably any device which promises a more rational and honest system. Two alternatives to responsible government are most frequently discussed — the one, election of ministers by Parliament, the other, the Referendum. The advocates of the election of ministers look upon the collective responsibility of a Cabinet as a mischievous absurdity. " Why," they ask, " should a Member not be able to vote against one incompetent Minister, without displacing others who may be the best men for their 226 PARTY DISCIPLINE respective posts ? " Or, why cannot he oppose one measure of the Government without imperilling the success of other measures in which he beheves ? The questions are speciously framed to appeal both to the member who hopes to be elected as a Minister, and to the elector who is ignorant of Parhamentary ways. In practice members are not often called upon to swallow their convictions in order to maintain a Government in office, because every Bill passes through many stages in which amendments can be moved to meet their wishes. No Government would proceed with a Bill of minor import- ance to which any number of their followers objected. Only a Bill which gives effect to the declared policy of the party could justify such conduct, and in that case members of the party would have no complaint. It is true that these considerations do not affect the case of a vote of censure on a particular Minister for an administrative act. In such a case the Cabinet system demands a collective responsibility, and party discipline, a solid vote. " I will always support you, when you are right," said a conscien- tious new Member to a whilom Premier of New South Wales. " D— n it, sir," was the reply, " any fool does that. I want you to support me when I'm wrong ! " The truth is that in politics there is no best course. The right way is always a choice between two evils, so that a system must be judged not only by its openness to criticism but by its superiority in this respect to any alternative. Turn the guns, accordingly, upon the elective system. All who have experience of a Cabinet know that administration is not conducted in water-tight compart- ments, but the functions of Ministers overlap and cannot be satisfactorily performed without mutual aid and a common policy. The difficulties in the way of this co-operation are great as it is. They would be insuper- able, if every Minister was playing for his own hand. 227 THE COMMONWEALTH OF AUSTRALIA How — to give a simple illustration — is money to be found for each department ? " By the vote of Parliament," replies the innovator. But supposing that the revenue fails to come in or that unexpected emergencies, such as a flood, or an outbreak of plague, or a strike, require that the expenditure should be reduced below the estimates, — who, under the new system, is to apportion the reduc- tions between the spending departments ? Under the Cabinet system, the Treasurer holds the purse for all the Government, and the Prime Minister in the last resort adjusts differences between his colleagues. It is not therefore surprising, but very significant, that the election of Ministers by Parliament has not received the support of any ex-Minister who has learnt by experience the difficulties of government. Nor ought it to be favoured by anyone who wishes to preserve the dignity of Parlia- ment. In some States five Members have to be elected in each Parliament to fill salaried offices upon the Public Works Committee. The result is that these offices tend to pass in rotation among those who give their votes upon an understanding that the recipients will return the favour on the next occasion. In the same way the election of Ministers by Parliament would probably result, after a few years, in a scramble for the emolu- ments of office without any consideration of fitness for administrative posts. The Referendum The mischief of the Referendum is of a different kind and lies below the surface. It is recommended in Australia, as an exit from dead- locks, when the two Houses of Parliament cannot agree, — that the measure in dispute between them shall be submitted to the direct vote of the whole electorate, which shall say Aye or No in favour of or against its passage. This, it is said, is not likely to be used often, as 228 THE REFERENDUM deadlocks are infrequent. It will be " the medicine of the Constitution, not its daily food." This phrase conceals the fact that when this device is once adopted, neither House will be constrained by fear of consequences, to compromise its opposition, but, by persisting in it to the end, will shelve its own responsibility upon the shoulders of the people. When parliaments prove failures, the Referendum may be necessary, but it is well to realise that every argument in favour of its use rests upon mistrust of Parliament. Direct legislation by the people overrides legislation by their representatives and is a substitute for their corruption or incompetence. This is the justification of its use in the United States, where it is advocated for the avowed purpose of controlling State legislatures. ^ Such arguments have no validity in Australia, where the people hold their Representative Assemblies in well-founded respect. Suppose however that the Referendum has become a part of the constitutional machinery and that every- thing is ready for setting it to work. A controversy has arisen between the two Houses, the Upper House having added amendments to a Bill which the Lower House will not accept. In what form is this measure to be presented to the country ? In the form in which it left the Assembly, or in the form in which it left the Senate ? If in the latter, the Senate has the power to dictate the particular question to be asked ; if, in the former this power is given to the House of Representatives. In either case the question may be so framed that no body of voters will be able to obtain the law which they desire by a simple answer in the affirmative or negative. Again, what course is a Ministry to take when the popular vote has been given in favour of a Bill which it opposed as against one which it favoured ? Presumably it would resign. Suppose then that the Bill, accepted by the Referendum, had been ' e.g., " The Referendum in America," by Prof Oberhaltzer. 229 THE COMMONWEALTH OF AUSTRALIA supported by the Senate and opposed by the House of Representatives, the result of the vote would be to shift political power from the House of Representatives to the Senate. Nor would a Ministry be any longer under any obligation to accept responsibihty for any of their measures. These might be introduced merely to find favour with a section of supporters, in confidence that they would be rejected by the people. It is clear that Parliamentary government and Ministerial respon- sibility, as these are understood to-day, cannot con- tinue if the final voice in legislation is transferred from Parliament to the direct decision of a popular vote. Such an extreme expression of the doctrine of the sover- eignty of the people sweeps away the safeguards of liberty, and is an appropriate instrument of despotic power. A Referendum properly defines the limits of a constitution, but has no place within it if the constitution is framed upon a British model. Now Parliaments in Australia have not failed. They reflect public opinion with fidelity and have always proved themselves its worthy and effective instrument. If they have not proved brilliantly successful upon all occasions, they have at least shown high spirit and in- tegrity. The defects of Parliamentary government (and there are defects in every system) have not yet bred evils in Austraha which justify the substitution for it of another system. They are doing good work and their faults have received a disproportionate attention. Members and the Constituencies The preceding pages will have drawn an imperfect picture of Australian parliaments, if they have not created the impression that public life in the Commonwealth has great attractions. Not only are the questions of policy large and far-reaching, but the influence of the individual Member in their decision is very great. Nowhere, whether 230 THE POLITICIAN in public or private affairs, does the individual count for so much as in Australia. There is no helpless fluttering against the iron bars of class or tradition. Every stroke of work tells. A man can use his strength in Australia, whether it be strength of muscle or of brain. The daily victory over the forces of Nature in the material world gives confidence in other directions. This feeling of energy and hope is strengthened by an experience of office. So much in a new country depends on good administration, and so little of administration is as yet, settled into a routine, that more responsibility and power attaches to a Minister of the Crown in an Australian State, than is the case in England, except in such positions as Foreign Secretary or Premier. There are few official traditions handed down from one Permanent Secretary to another ; there are seldom precedents in important matters ; whatever is done must be done upon the direct responsibility of the Minister. Fortunately, considering that most Australian Ministries are short- lived, the Civil Service is singularly efficient, and no Minister need go wrong for want of competent advice. It is indeed a matter for constant wonder that the State should be able to secure so many able and educated men at the low salaries which are paid to Australian civil servants. The chief drawback to public life is the exigent demand it makes upon a member's time. Sittings are late and sessions prolonged, perhaps because the Chamber is to many of the members a social club and its sittings their only hours of business. They feel bound to work in return for their salaries, which, in the State Parliaments, are £300 a year, and £600 in the Federal Parliament — a competence to many members, but less than a living wage to those who have an office to maintain. Lawyers, as in America, are the class which most affect politics, because the prizes of the profession may be won through its pursuit, which is not incompatible with 231 THE COMMONWEALTH OF AUSTRALIA practice in the Courts. The Labour Party has introduced the new element of Labour Members, but it would be erroneous to assume that these are necessarily what, for want of a more intelligible term, must be called "working- men." 1 Payment of members has certainly brought politics within the reach of those who were excluded in earlier days. It has also been of service in increasing the stability of Ministries. Paid ParHaments, although they have shown no unwillingness to face the country when a question of principle is involved, are less likely than those which are unpaid to risk a dissolution by turning out a Ministry for frivolous causes. The relations between a member of parliament and his constituents are sometimes inconveniently close. The Member for a country district finds his time fully occupied in attending to the wants of his electorate. ^ Local government does much to reduce this sort of labour, but so long as the central Government disposes of loan funds there will always be work for a true " Roads and Bridges " Member, whose political capacity is measured by the amount of pubhc money which is spent in his constituency. To save themselves as much as possible from this annoyance, and to protect the public interest, most Australian Parliaments refer the construction of public works, involving more than a certain sum (generally ;^20,000) to a committee of members or independent board, who must recommend the expenditure before it can be submitted to Parhament. The Departments of Lands and Public Works are, however, in constant relations with country districts in many matters of smaller importance, to which the member is expected by his constituents^to ^ See Chapter above. " The Labour Party." ' A member in New South Wales who had been too obliging, received a letter one day from a constituent written in all serious- ness, asking him to order some fish for the writer's household dinner. 232 EXPERIMENTS attend. One advantage of a practice, which is otherwise troublesome, is that it keeps members in touch with their constituents, and often creates close ties of personal friendship. The most serious defect of Australian Parliaments is the readiness of Members to take up trifling grievances and insist on legislation to meet special cases. This, however, is a manifestation of the confidence in the power of legislation, which is general in Australia, and which has made its Statute Books laboratories of political experiment. " Reckless Legislation " This is often made the basis of a charge of recklessness against Australian legislators, and there is much which seems disturbing in their temper. But it must be remem- bered, in weighing the justice of this charge, that Australia is the Cinderella of modern nations, whom Democracy has just claimed for his bride. It is a land of political faith and ideals, of democratic principles which are a matter of habit and instinct, and not adopted by intellectual conviction or in a spirit of philanthropic benevolence. Every adult has a vote, ^ and nowhere is there such unity of purpose or greater freedom from distracting cares. Thus the dreams of the study are soon translated into Acts of Parliament, and whatever Democracy can accomplish will be accomplished in Australia, for good or ill. To-day national prosperity, the buoyancy of youth, the novelty of political power, combine to dissipate misgivings, and the day of disillusionment — if it should ever come — is still far distant. Misunderstandings At present other countries hardly understand Australia, and even in England there is jealousy and some suspicion * In Victoria not for the State Parliament. 233 THE COMMONWEALTH OF AUSTRALIA of the bold, new ways. The capitahst class is timid and others are doubtful. Australia, too, has enemies within her own household, and no story circulates in England to her discredit, which has not originated in some article in an Australian newspaper or some speech by an Australian politician. ^ In Australia, Parliament and the Press cry every error of Australians through a megaphone. Australian politicians are accustomed to use language towards one another which is startling to a stranger. And the Press, too, while it loyally avoids mere person- alities or the imputation of motives, is free to the verge of license in its criticisms of public men and events. Nevertheless alarmists and critics may possess their souls. Australians have not lost their heads. They have neither forgotten their responsibilities towards the Empire, nor passed any law which threatens property or countenances attacks upon capital. They are sober, level-headed men, with a reserve of sagacious patriotism, which can always be relied upon to take the side of order. ^ During the electoral campaign of 1906, when " anti- Socialism " was made a party-cry, speeches were made and articles uTitten by men, who were at heart quite loyal Australians, which did infinite mischief to Australian credit by the lurid colours in which they painted the condition of the country, and their dismal forecasts of the consequences of Mr. Deakin's victory at the polls. Canada is said to have a law which punishes libels on Canada ; and, according to the newspapers, a speaker who declared that Manitoba was no place for immigrants was fined forty dollars in 1907, at the suit of the Attorney-General of the Province. Such a law would have augmented the Australian Revenue. 234 CHAPTER VII THE FINANCIAL PROBLEM The Financial Problem — A Uniform Tariff — The Surplus and its Distribution — The Transferred Expenditure — A Common- wealth Budget — The Return to the States — The Public Debt. One of the greatest obstacles to Federation was the difficulty of adjusting the finance of the Commonwealth to meet the necessities of the several States. The uniform tariff, which was a sine qua non of union, meant in practice the abandonment of revenue by the States in unequal proportions, on account of the varying degrees of their dependence upon Customs and Excise. Tasmania, for instance, derived nearly half her total revenue from this source, while New South Wales only derived one-sixth. The proportion of this to the total in the case of Queens- land, Victoria, and Western Australia was about one-third, and of South Australia one-fifth. A further difficulty arose from the varying proportions of Customs revenues which each State derived from duties upon the produce of other States. This was largest in Tasmania and Western Australia. Two things were therefore plain — one, that no State could surrender its tariff without an equivalent and the other that a per capita distribution of the proceeds of a common tariff would not meet the case. The subjoined table expresses in figures the position of each State in regard to these matters during 1899, the year preceding Federation. Table I Table showing (a) The total revenues ; (6) The revenues from Customs and Excise ; (c) The amount raised by 235 THE COMMONWEALTH OF AUSTRALIA Customs and Excise per head of the population of each colony in the year 1899 immediately preceding Federation. Revenue from Amount per Colony Total Revenue Custom and head of Excise Population £ £ £ s. d. New South Wales 9,973,736 1.650,333 1 4 9 Victoria 7,378,842 2,224,811 1 17 6 Queensland 4,174,086 1,568,744 3 5 10 South Australia 2,731,208 641,181 1 15 11 West Australia 2,478,811 859,915 5 1 5 Tasmania 908,273 447,036 2 12 6 Commonwealth ;^27,244,585 /7, 392,020 ;^2 The differences between the States, shown in this table, are due to several causes. In the first place, the influence of good or bad seasons on the producing power of the people is felt directly in the returns from Customs. This has specially affected Queensland during the first three years of Federation. Secondly, the influx of capital, whether in consequence of public or private borrowings, is reflected in the Customs revenue, because loans reach the colony in the form of goods. Thirdly, the States draw unequal proportions of their revenues from the public lands. New South Wales draws most from this source and Victoria least. Lastly, the preponderance of males in a State, over females, and the habits of the people, cause variations in the consumption of the highly-taxed narcotics and stimulants, which, as is very noticeable, in the case of Western Australia, greatly affects the per capita returns of the Customs Revenue. A Uniform Tariff In addition to these financial considerations, the fiscal policies of the several States had also to be taken into account. Victoria had developed manufactures under a protective tariff, and in a greater or less degree other 236 REVENUE colonies had done the same, but New South Wales, owing to her large revenue from public lands, was, in the main, a Free Trade country, and her average rate of duties was very low. These two colonies were at the extreme of the fiscal scale ; but it was, obviously, a less drastic change to raise the rate of duties in New South Wales, than to lower the rates of the other States to her level, because the latter operation would have endangered many industries, which had come into existence under the direct or incidental protection of the higher tariffs. It was therefore evident, from the first, that the uniform tariff of the Commonwealth could not be lower than the average of the six States, that is to say, that it must return at least £2 per head of the population of Australia. And, since a portion of the Customs revenues of each colony was derived from duties on the products of other Austra- lian States, the Commonwealth tariffs had to be large enough to replace the loss occasioned to each State by inter-colonial free trade. It must, therefore, be more than £2 per head. It was certainly this which prompted most of the opposition to Federation in New South Wales. The Surplus and its Distribution* Yet another complication was introduced into the problem by the smallness of the Commonwealth's finan- cial needs. The office of the Governor-General, the administration of the Ministerial departments, the cost of the Commonwealth Parliament, with the few other items, which made up the whole of the new charges imposed by Federation, could not exceed £400,000 for some years. But the uniform tariff, for the reason stated, had to produce at least seven million pounds, which would leave an enormous balance every year at the disposal of the Commonwealth. The distribution of this surplus was the crux of the financial problem. It is still one of the most difficult questions in Federal politics. 237 THE COMMONWEALTH OF AUSTRALIA Provincial prejudices prevented the adoption of the obvious method of applying the surplus towards payment of interest on the State debts, because this involved the exercise by the Commonwealth of some control over State borrowings. The same reason prevented the Common- wealth from taking over the State railways, which would have consolidated the union more effectually than any other measure, and provided a use for the surplus in improving communications throughout the continent. A combination of these methods — that is, taking over both debts and railways — was strongly advocated even by some who opposed union ; but the state of public feeling made this impossible. Some means had therefore to be devised for utilising the surplus for the benefit of the States without relieving them of equivalent obligations. It would be tedious to enumerate all the schemes which were proposed. That which was ultimately adopted is contained in Sections 87, 89 and 93 of the Constitution. First, in order to ensure some revenue to the States, an obligation was imposed upon the Commonwealth not to expend more than one-fourth of the net revenue of Customs and Excise, the balance to be returned to the States or applied towards payment of interest on these debts. This clause which was proposed by the late Sir Edward Braddon, was perversely misrepresented during the Federal campaign. Dubbed " the Braddon blot " — and indeed it is a " blot," although the wTiting underneath was always legible ! — it was declared to impose upon the Commonwealth the obligation to raise 20s. for every 5s. that is required. Mr. Reid, therefore, after the first Referendum, obtained the consent of the Premiers to amend the Bill by limiting the operation of this clause to ten years. Provision was then made for the period prior to, and for live years after, the imposition of uniform duties of Customs. The principle of this arrangement, which is complicated in its operation, was that each State 238 EXPENDITURE should be credited with the revenue it contributed to the Commonwealth and debited with the expenditure which the Commonwealth incurred upon its behalf. This system of debit and credit which is known as " the book- keeping" system expired, by effluxion of time, on October 8th, 1906, but Parliament has not yet established a substitute. With one further explanation, the ground will be clear for the comprehension of a Commonwealth Budget. The Transferred Expenditure It will be remembered that the Commonwealth, besides being an organ of national sovereignty, provides a uniform administration in certain matters of common interest which can be administered more conveniently by a central authority. To this end the Constitution provided that the departments of Customs and Excise, which had been administered previously by the colonies, should pass to the Commonwealth upon its establishment (Sect. 69), and the Departments of Naval and Military Defence, of Post, Telegraphs and Telephones, of Lighthouses, Light- ships, and Beacons and of Quarantine, on a Proclamation by the Governor-General in that behalf (Sect. 69). In the exercise of this power the Departments of Defence and Post Offices were transferred to the Commonwealth on March 1st, 1901. No Proclamation has yet been issued in respect of Lighthouses or Quarantine. In addition to these departments of the public service, which pass automatically or by proclamation from the States to the Commonwealth, there are others, of which the Commonwealth is empowered to undertake the duties after Parliament has legislated in that behalf. This power has already been exercised in respect of patents, trade-marks, copyright and designs (1903), so that one registration now gives protection to a patent, etc., in all the States, and in respect of the Naturalisation of 239 THE COMMONWEALTH OF AUSTRALIA Aliens, (Jan. 1st, 1904), and of the creation of a Bureau of Census and Statistics ^ (Dec. 1905), and of Meteorology (1907). Parliament is on the point of legislating for a uniform system of invalid and old-age pensions. Mr. Deakin has attempted also, but in vain, to induce the States to enter into an arrangement with the Commonwealth for a general scheme of immigration. The total cost of these transferred departments largely exceeds their revenues, ^ and this balance to the debit of the Commonwealth will be increased considerably when old-age pensions become a Federal charge. The best method of meeting these charges is now exercising both State and Federal financiers. The tariff which, with Excise, returned in 1907-8 £1 15s. 6d. per head of the population, cannot be relied upon for great expansion, and direct taxation, which is erroneously claimed to be the exclusive right of the States, would be exceedingly unpopular. There are two conflicting currents of opinion. The treasurers of the States, unwilling either to retrench their own expenditure or transfer to the Commonwealth any of their obligations, demand that the principle of the Braddon clause shall be embodied permanently in the Constitution, and that they shall receive a larger and fixed contribution from the Commonwealth Treasury. The strong Federalists on the contrary, who have always ^ The publication of the admirable Year Book of the Commonwealth is an ample justification of this measure. The writer desires here, once for all, to acknowledge his indebtedness to this excellent work. Together with Mr. Coghlan's " Australia and New Zealand," to which also the writer owes much, it is an indispensable text-book for all who take an interest in Australia, and the recognition of its merits will become more hearty as acquaintance with the politics and life of Australia deepens. If Federation had done nothing else than produce this record of Australian life and progress it would have been justified. * The expenditure of which the States have been relieved by the Commonwealth amounted to /5, 045,171 for the financial year 1908-9. • (See Hansard, p. 1337, Oct. 20th, 1908.) 240 THE COMMONWEALTH BUDGET regarded the attempt to adjust the distribution of the Federal surplus to the respective needs or contributions of the States as a weak concession to provincial feeling, object to any entanglement of Federal and State finances, and demand that the Commonwealth shall be the head of her own household. They point out that the difficulty is caused by the refusal of the States to federalise the railways and the public debts. The decision of the controversy rests with the Federal Parhament, which will probably determine to gain financial independence. It is enough in this brief survey to note the imminence of this change, which hangs over all Australian politics. The Commonwealth Budget These preliminary observations will serve as a guide through the intricacies of Federal finance. The Commonwealth revenue for 1907-8 amounted to £15,015,798, of which £11,645,409 was derived from Customs and Excise. This represented a sum of £3 lis. 6-j^d. per head of the population, of which Customs and Excise returned £1 15s. 6d. per head. The expenditure amounted to a total of £6,158,893, or £1 9s. 4|^d. per head of the population, leaving a surplus of £8,859,596. Before dealing with the distribution of this large surplus it will be necessary to explain the principal items of expenditure. These are classified under three heads : " new," " other," and " transferred." The " new " expenditure, as the name imports, is that which is immediately and directly caused by the establish- ment of a Federal Government, e.g., the Governor- General's establishment, the cost of Parliament, and the Ministerial Departments.^ This amounted in 1907-8 to £410,127, and represents the whole of the new charge 1 These are seven in number. See above, p. 192. 241 l6— (2133) THE COMMONWEALTH OF AUSTRALIA imposed upon the taxpayer by the estabhshment of the Commonwealth ; and it represents less than 2s. per head of the population, which is indeed an insignificant amount to pay for the advantages of union — being (as was said by a Federal speaker during the New South Wales campaign), " just sixpence less than it would cost to register a dog ! " This expenditure for the direct purposes of the Commonwealth is likely to increase, but up to the present it has been kept down in a spirit^of almost penurious economy. The second heading is " other expenditure." Unlike the " new " expenditure, the " other " expenditure is not caused immediately and directly by the estab- lishment of the Commonwealth, and unlike the " trans- ferred " expenditure it does not represent charges which were borne by the several colonies before union. It represents the outlay upon services of the Commonwealth which are necessitated by the expansion of Australia and the proper exercise of the functions of a National Government. For instance, the expenditure on Papua, the vote for the sugar bounties, the cost of re-arming the military forces, all come under this heading. All these items must have been borne by one or more of the separate colonies without Federation, unless, indeed, the separated colonies had been unwilling to incur any expenditure for common purposes. In 1907-8 the " other " expen- diture amounted to £1,705,077, of which no less a sum than £876,366 was provided for defence purposes, which in pre-Federal days were always charged to loans, and £584,630 for sugar bounties, in execution of the White Australia policy. " Transferred " expenditure speaks for itself. It represents that outlay upon the departments of Govern- ment which the Commonwealth has taken over from the States ; and manifestly represents no new charge upon the taxpayer. This amounted in 1907-8 to £4,043,689. 242 THE SURPLUS The total of the year's expenditure was thus : — " New " Expenditure .. 410,127 "Other" ,, .. 1,705,077 "Transferred",, .. 4,043,689 Total .. ;^6. 158,893 The Return to the States It will be remembered that, by the Constitution, the Commonwealth is prohibited during the first ten years from spending more than one-fourth of the net revenue from Customs and Excise, and is required to return the balance to the several States, in proportion to their contributions. In 1907-8 one-fourth of the net revenue from Customs and Excise was £2,842,097 ; so that the Commonwealth was obliged by the constitution to return to the States £8,526,292. Deducting this sum from the surplus for the year of £8,859,596, there was a balance of £333,304, which the Commonwealth might have retained legally for its own purposes. Instead of doing this, it returned to the States a further sum of £330,613. This action was strictly in accordance with the practice of previous years. The Commonwealth has always treated the States with great liberality — having returned to them since its establish- ment no less a sum than £6,058,637, over and above the amount legally due under the Constitution. The Public Debt The Constitution empowers the Commonwealth to assume responsibility for the public indebtedness of the States as it stood at the date of the establishment of the Commonwealth ; but it gave no right of control over the borrowings of the State. Up to the present time no debts have been taken over, and the assumption of some responsibility will probably form a term in the new 243 THE COMMONWEALTH OF AUSTRALIA financial arrangements, which the Commonwealth must make with the States when the term of the Braddon clause expires in 1910. The total public debt of the Australian States on June 30th, 1907, was ^^240, 149,727, or £57 15s. Id. per head of the population. On this sum the annual charge for interest was £8,654,299, or £1 Is. 7d. per head. Sinking Funds had been provided amounting to £3,731,275. Of the total of the loans, 22*72 or £54,570,338 have been floated in Australia ; the balance is due in London at various dates. Of the monies thus raised £231,108,346 have been spent for public purposes ; viz., on railways and tram- ways, 61- 13 % of the total ; on water supply and sewerage, 13-02 % ; on telegraphs and telephones, 1-62 % ; on harbour rivers, roads, and bridges, 10-99 % ; on defence, 1-04 %, and the rest on other more or less reproductive items. ^ It is claimed with truth that the character of this expenditure differentiates Australian indebtedness from that of a European State, whose public debt has been principally incurred for war purposes. But when this contention is pushed further and it is asserted that the public debt is no burden, because it is represented by tangible assets, it becomes both an exaggeration in point of fact — because at least ten per cent, of the totalis repre- sented by no visible assets — and a misunderstanding of the nature of credit. Even granted that the railways and other public works are to-day worth the whole of the pubhc debt, there is no means of testing their saleable value, because there is no market in which they could be sold. No private company, for instance, would care to work the Australian railways unless the Parliaments were first deprived of all power over railway matters. The 1 The difference between the amount of the total debt and the amount of the monies spent represents the cost of flotation. 244 LOANS AND CREDIT real security for the public creditors is not the assets, in which his money is invested, but the character of the people to whom he lends. Australian credit stands high because the world knows that Australians respect obliga- tions and so will never repudiate their debts. For the sam.e reason it is a needless exercise of ingenuity to dis- tinguish between the credits of the several States. One may have borrowed too rapidly, so that the underwriters of the loans have not been able to unload, and the price of its stock will in consequence be low ; another may have borrowed more than a legitimate anticipation of the future justified ; but ultimately, the credit of each State rests upon the credit of them all. No State could permit — much less could the Commonwealth permit — that any State should fall behind in payment of interest as it fell due. ^ Nevertheless, it is an important proof of the wisdom with which loans have upon the whole been spent, that the railways, ^ after paying working expenses and all other charges, should have returned for 1905-6 and 1906-7 respectively £383,625 and £992,947, or plus 0'28 % and plus 0-72 % over and above the interest on the £141,271,521 spent upon them out of loan monies. Nor must it be forgotten that the chief reason for borrowing has been that Australian Governments ^ During the years of financial stress, 1899-1903, arrangements were more than once made between New South Wales and other States for the temporary use of each other's credit balances in London. 2 The mileage of the Australian railways open for traffic is 15,238, and 732 miles are in course of construction. It is charac- teristic of the jealousies which Federation has to overcome that there should be five different gauges in use. The New South Wales is the standard 4 ft. 8 in. gauge ; the Victorian is 5 ft. 3 in. ; the Queensland, South Australian and West Australian is 3 ft. 6 in. ; and Queensland has a short line on the 2 ft. 6 in. gauge and Tasmania another of 2 ft. The gross revenue per train mile was 86-37 pence, and the gross cost per train mile 49-50 pence, and the net return on the capital invested, after payment of all expenses was 435 per cent, or 3707 pence per train mile. 245 THE COMMONWEALTH OF AUSTRALIA undertake many functions which, in England or America, are left to private persons or local authorities. This fact explains the large figures of the State Budgets, which make no separation between receipts for services rendered and receipts from taxation, and thus swell both sides of the accounts. One of the reforms advocated by the Sydney Bulletin is a change in this system of keeping the accounts, in order to bring home to the people a lesson much needed, namely, that they are living to a considerable extent upon their national capital, by bringing the receipts from the sale and occupation of the public lands into the ordinary Revenue Account. The Bulletin urges that all public borrowing should cease and the revenue from the land should be spent in the construction of public works. Such a change would have many beneficial consequences outside the region of finance. 246 PART III— LEGISLATION CHAPTER I TARIFFS AND PREFERENCE The First Tariff — The Effect on Industry — The National PoHcy — Imperial Preference — The Displacement of British Trade — Should Trade Follow the Flag ? — The Value of the Gift of Preference — Preference to British Ships — Extensions of the Policy of Preference — Preference and Imperial Union. The fiscal policy of the Commonwealth has been deter- mined from the beginning by the conditions of union. Before 1900 every colony had its own tariff, and each was financially dependent, athough in varying degrees, upon its Customs receipts. One of the chief impulses towards union was the desire for a common tariff. No colony, however, had been willing to surrender its revenues from Customs without a guarantee that it would receive at least an equal amount from the Commonwealth. A calculation of the total receipts of the six States from Customs duties on over-sea goods, showed that after deducting the new charges in respect of the Common- wealth, there would remain a balance, on the assumption that the Commonwealth tariff would return a corresponding amount sufficient to insure each State against serious loss. Accordingly the Constitution contained the pro- visions which have been already referred to in the chapter dealing with finance, directing the Commonwealth to return to the States three-quarters of whatever sums they received from Customs duties, in certain prescribed proportions. The financial obligations towards the States, which the 247 THE COMMONWEALTH OF AUSTRALIA Constitution imposed upon the Commonwealth, explain its first tariff (Nov. 4th, 1901). Roughly speaking, these required a revenue of six million pounds. Out of this the new charges in respect of the Commonwealth were not expected to exceed £300,000 — a sum of Is. 6d. per head of the population. The balance, after discharging the expenses of the services which the Commonwealth took over from the States {e.g., Post Office and Customs), was to be returned to the'States according to the provisions of the Constitution. The situation was further complicated by the existence in every State of industries which owed their existence to protective duties, and had to be pre- served. To this extent the new tariff was intentionally protective, but in other respects it was a compromise between the high duties of Victoria and the lower duties of New South Wales. The range, however, was still suffi- ciently high to be incidentally protective to many indus- tries, and a great expansion of manufactures followed. Several new industries were also started by American and English firms, which had hitherto consigned their products to agents. ^ New channels were opened by these means in many directions for the investment of capital and the employment of labour. The Effect on Industry The increase in manufactures since the tariff is shown in the table on the next page, which is compiled from the " Year Book of the Commonwealth." Reference to the figures given above in the chapter on " Material Progress " will show that this great develop- ment of manufacturing industry synchronized with an immense increase in over-sea trade, thus illustrating afresh ^ The tariff had the same effect in estabhshing industries in the Commonwealth which had previously been conducted abroad as Mr. Lloyd George's Patent Act has had in attracting industries to Great Britain. 248 MANUFACTURES Table Showing Increase in Manufactures since the Tariff of Nov. 4th, 1901, and Percentages of Increase^. Value Plant of and Number of Salaries and Year Machines,^ with Percentage Operatives in Wages of increase Factories paid i i 1903 18,639,778 126,137 10,829,026 8-88% (1) 10-50 % 1904 20,294,788 131,491 11,966,135 1-92 % 3-24 % 1905 20,683,945 139,959 12,353,840 5-07 % 6-96 % 1906 21,731,554 150,168 13,213,467 1907 the experience of the United States and Germany, that protective duties do not necessarily reduce imports.* Such an object lesson was not lost, even upon many who had hitherto opposed protection. In the meantime, Australians were watching closely the movement started by Mr. Chamberlain towards Imperial Preference, upon which most of them believe that the consolidation of the Empire depends. The National Policy Consequently the tariff was re-modelled in 1907 with the double object of protecting Australian industries and granting a Preference to British goods — a combination ^ Mr. Knibbs thus sums up the manufacturing position. " There is evidence of general prosperity and rapid development. Australian manufacturing is now upon a firm basis with respect to many articles, and there is an increasing export business in many commodities." (Year Book, p. 483.) 2 Excluding South Australia, from which the figures are not available. ' This is because a scientific tariff has an extensive free list, or because prosperity increases the demand for foreign as well as home-made goods. Tariffs only " restrict " trade in the same sense that the Assouan dam " restricts " the life-giving waters of the Nile, namely, in order to divert them into new channels. The experience of the United States and Germany is conclusive on this point. 249 THE COMMONWEALTH OF AUSTRALIA of National and Imperial aims which, although very characteristic of Australia has been much misunderstood. The new nations which have grown up beyond the seas no longer live in the ideas of tutelage, but are building for themselves a new fabric of thought and habit, and claim to be uncontrolled masters in their own household. Each is developing its resources in its own way, and all, to this end, make use of tariffs to obtain revenue and diversify industry. Let it be assumed that Australia would have done better to adopt Free Trade — an assump- tion which is warranted neither by the experience of Canada nor by the teaching of John Stuart Mill, — it has still to be proved that it was possible for her to do so. If Professor Rabbeno^ be correct in his theory that Protection is forced upon a young country by the exhaus- tion or appropriation of its superior lands, then the protective system of Victoria, which determined the fiscal colour of the first Commonwealth tariff, was a necessity of economic law. ^ Certainly most politicians believed that it was a necessity of politics, because no Free Trader was able to suggest any other means by which the colony could raise suihcient revenue. ^ However ^ See " The Commercial Policy of the United States," by Professor Rabbeno. 2 The introduction of protection into Victoria (in 1864) was due to the same interaction of political and economic forces, which Professor Rabbeno traces in his " Commercial Policy of the United States." The available land had become insufficient to maintain the increasing number of those who, since 1 85 1 , had found employment on the gold-fields, most of whom had been trained in England to some mechanical pursuit. Very interesting figures are given in the earliest Victorian Statistical Register, edited by Mr. Archer, and published in 1854, on the distribution of popu- lation in that colony from 1841 to 1851. This work of authority is now rare. ' Direct taxation is seldom possible in an undeveloped colony. Victoria, it must be remembered, is the smallest State in the Commonwealth except Tasmania, and in 1864 the Legislature was under the control of the great landowners and their allies. New South Wales used to be quoted against Victoria as the 250 PREFERENCE this may be, the time is now arrived when all who wish to understand Australians, and do justice to their actions, must accept the fact that Protection is the fixed policy of the Commonwealth, as it is of Canada or the United States. ^ When once this fact is grasped, the idea that an Australian tariff is framed in any spirit of hostility to British traders will find no credence.^ Nor need the determination of Australia to develop her potential capacity as a manufacturing country cause the Imperialists any alarm. The best support to the Empire is the strengthening of its com- ponent parts, and Australia will be a more valuable Imperial asset, when the tariff has made her self-contained, than if, under Free Trade, she produced only raw materials. The interests of the Empire may best be served by decentralising its manufacturing power. Imperial Preference In this view Mr. Deakin and his party in 1907 deli- berately re-adjusted the tariff for the preservation and encouragement of Australian industries, even against British competition ; but, at the same time, Preferential treatment was accorded to several important lines of British goods, in order to give an advantage over classic example of the superiority of Free Trade ; but the remark- able development of that State in manufactures since the uniform tariff has convinced many that her previous position was due to natural causes, and to the large revenues which she received from loans and from the sale or use of public lands. ^ Party cries survive long after they have lost their meaning ; so that in New South Wales there is still a " Free Trade " party. But as leader, Mr. Reid has professed his readiness to accept Protection. * In July, 1907, a number of merchants in the City of London addressed a protest to the Colonial Office against the proposed increase of duties. This was an echo of similar protests which were raised until 1884 against every increase of the Canadian tariff. (See Porritt's " Sixty Years of Protection in Canada," pp. 196-8.) 251 THE COMMONWEALTH OF AUSTRALIA competing foreign goods. ^ This, which is the Imperial aspect of the tariff, must be now discussed. ^ Austraha stands to gain so much from favoured treat- ment in the market of Great Britain, that the pohcy of Imperial Preference is hardly a party question. Indeed, the unanimity upon this point has brought upon Australia the reproach of selfishness. Justice accordingly demands that her actions and motives shall not be misunderstood. There was certainly nothing selfish in the first grant of Preference, for it was made immediately upon the refusal of the British Government to accord reciprocal treatment. 'But," the critics of Australia say, "the gift was small, and the method of making it shows that the motive was higher protection and not regard for England." Both these statements have found credence in England and need careful examination. First as to the money value of the Preference accorded. This must be to some extent an estimate, because no one can foretell how prices will be adjusted to the new system. But the presumption is that a Preference of from 8 to 15 per cent, should exercise an effective influence in diverting trade. The Australian tariff gives a Preference of that amount on goods which, according to ^ Preference to the products of the South African Colonies had been given in 1906. Negotiations for reciprocal preference with Canada are in progress. 2 At least /1 50,000,000 a year is spent by Great Britain in the purchase from foreigners of products which Australia could supply. A mere fraction of this enormous trade would establish her industrial position. Under a system of Preferential trade her exports of butter, cheese, flour, cereals, meat, sugar and fruit would largely increase, and many thousands of acres would come under cultivation, to the advantage of all her other indus- tries. It is true that she must share these advantages with Canada, South Africa and the British farmer. It is true also that Canada from her proximity to the market, might profit most. But the very magnitude of the market is a sufficient guarantee that all can share it, and as the Empire is one, it is immaterial that its parts benefit unequally. 252 BRITISH TRADE last year's figures, should give England new trade, at the expense of foreigners, to the amount of about £1,500,000, and should retain this for her in the future with all its natural increase. The amount is no doubt small in comparison with the total volume of British trade, but its magnitude is to be measured by the future growth of Australia, and it is only intended as a beginning. The attitude of the British Government made a larger gift impracticable. That any gift was made at all, under the circumstances, was somewhat magnanimous ; but when it was made, as this was, avowedly as a mere inti- mation of the willingness of Australia to negotiate with Great Britain for other and larger Preferences, on reci- procal terms, ungracious criticisms of this nature miss the mark. They are also based on ignorance of the position of English trade with Australia, which is more easily perceived by the public in a small community living on the seaboard, than among a population with the complex and varied interests of the inland cities of Great Britain. During the last twenty years Australia has been witness of a steady increase in her trade with foreign countries at the expense of Great Britain, a reversal of the proper order of things, which is brought home to every voter in the capital cities by the visible displacement of the red ensign by foreign flags. If Preference were only to succeed in arresting the decline it would be a real advantage to British trade. This cannot be fully appreciated until some features of Australian trade, during the last twenty years, have been explained by figures. The Displacement of British Trade Since 1886 the volume of imports from the United Kingdom, including the produce of other countries re-exported into Australia, has remained almost stationary, while the imports of British produce have steadily de- creased. During the same period the imports of foreign 253 THE COMMONWEALTH OF AUSTRALIA goods into Australia have steadily increased in volume. As a result, the proportion of the total trade, imports and exports, done by the Commonwealth with the United Kingdom, is yearly lessening, and the propor- tion of it which is done with foreigners is yearly grow- ing. • AustraUa buys every year less British goods and more foreign goods, and sends every year less raw materials to Great Britain and more raw materials to foreign countries. In other words, while British trade is decreasing, foreign trade is increasing. Presumably this increase in the foreign trade is at the expense of the British. The first illustrative table in this connection is taken from the " Commonwealth Year Book," and shows the decline in the exports of British produce. Table I The value of United Kingdom produce, exported from the United Kingdom to Australia from 1887-1906 (quinquennial averages). Year Value 1887-1891 /20, 119,000 1892-1896 ^14,533,000 1897-1901 ;^19,045,000 1901-1906 ^18,046,000 During the same period the value of produce of other countries which was re-exported from the United King- dom, remained almost stationary at about £3,300,000. During the first quinquennial this was 14-52 per cent, of the total exports from the United Kingdom to Australia, during the last (1901-6) it was 15-06 per cent. It is, therefore, apparent that the decline in the value of the total exports from Great Britain to Australia has not been due, as has been sometimes suggested, to the increase of direct shipments from foreign countries, but to a falling off in the sale of articles of British production. This decline in the export of British goods might be attributed to the development of Australian industries, 254 w .J 03 <^ « H W3 D C/) < U o:; u f- H 5^, /i t3 o V) I ; H S', O (1 ^ s w o H Q < H O H w K H O H W o <: H w w fin w" < > w H o o (2 o Q O •z Q M H 5 D w H O CD o ■p ■^ o> CD 03 05 (N lO o 00 CD en n 00 '-' * a> IC a> w ID o o w (M 03 U5 ^^ 00 t— ( CD "-^ o> (^ CD 00 U5 1— > ■" '^ t^ CO 03 (N I> « C^ IN r^ 05 (M r^ CO 1—1 o C^ c~ Ol •* — 00 CD o C^ r^ <-« 'a "H d o O ua MH u O a c a 1 a u o 3 c iX O a o.S < 0- CO in ■"t tn c^ ■* IN 05 ^ ■* CO CO r '"' CO c^ CO o ■* I> CO o ^ t^ CO o CD ^ M N CO o t^ CO C From ;^1 9 — £30; single. Sydney ) 346 APPENDIX Note. — Assisted passages are granted to approved emigrants from Great Britain and Europe by the States of New South Wales, Queensland, and Western Australia. Particulars will be sent on application to the respective Agents-General of these States. London Representation of the Australian States The Commonwealth of Australia (a High Commissioner has not yet been appointed ; in the meantime Captain Muirhed Collins, R.N., C.M.G., acts as Representative of the Commonwealth). Offices of the Agents-General — New South Wales : 123 Cannon Street, E.C. Victoria: 142 Queen Victoria Street, E.C. Queensland : 1 Victoria Street, S.W. South Australia : 28 Bishopsgate Street Within, E.C. Western Australia : 15 Victoria Street, S.W. Tasmania : 5 Victoria Street, S.W. 347 APPENDIX II Note on Loan Policies Mr. R. M. Johnston, Government Statistician of Tasmania, has termed the Loan pohcy of AustraUa as " a taking of foreign capitaUsts into partnership in Australian development." He claims that this has been a striking success from the point of view of all concerned in the joint venture, and points out that, although English capitalists have provided capital to the amount of ;^240,000,000 for the construction of public works in Australia between the years 1870 and 1906-7, the net interest burden was five pence less per head of the population in the latter than in the former year. He summarises the results of the public borrowings within the period 1870-1906-7 as follows :— Population has increased from ]-65 millions to 4' 19 millions, or 2-54 fold. Total external trade has increased from 36' 09 million £ to 114-52 million £. or 3- 17 fold. The miles of railway line have increased from 994 miles to 14,067 miles, or 14- 15 fold. The capital invested in the construction and equipment of railways has increased from 982 million £ to 140" 20 million £. or 14-31 fold. The profit on working the railways has increased from 5s. 7d. per head of the population to 30s. 8d. per head, or 5-44 fold. And, finally, while the gross interest burden per head of the population has nominally increased by 28s. 4d. per head, the increase in the profit returned by the railways has been 25s. Id. per head, so that the net burden of interest was 5d. per head less in 1906-7 than it was in 1870. 348 INDEX Absentees, 104. Agriculture, Progress in, 146. Agricultural Company, Australian 102. Alien Immigration, 275 ; Afghans, 44 ; Asiatics, 286 ; British Subjects, 276 ; Europeans, 286; Japanese, 275 ; Kanakas, 44, 45, 185, 277 ; Polynesians, 44. Alien Immigration Laws, Act of 1901, 277, 281 ; Chine.se Restric- tion Act, 281 note ; In Natal, 276; In U.S.A., 275. Aliens, Dictation Test for, 276. Angas, G. F., 117. Area, 2; Agricultural, 15, 16; Compared with other Countries, 12, 13, 15, 16; Fertile, 13, Habitable, 2 ; Maritime, 13, 15 ; States, 2. Australasia, Meaning of name, 1. Australian Federalist, the, 166 nnie. Australia, Story of the Nations Series, 104 Australian Industries Preserva- tion Act, 269, 270, 271. Australian Natives Association, 167, 170 note. AustralianPreferentialLeague,260. Baker, Sir Richard, 194 Banks, Capital of, 158, 159. Bank Crisis, 159 ; Date and Cause of, 71 note ; Foreseen by Lord Jersey, 65. Banks, Sir Joseph, 99. Barton, Sir E., 161 note, 165, 166, 169 note, 170. Bee-keeping, 146. Berry, Sir Graham, 220. Bigge. Report on New South Wales, 102. Black, George, Leader of Labour Party, 65 ; Official Report of Labour Defence Committee, 60, 61. Blacket, J., 117. Blaxland, 99. Board of Trade, 259, 294, 302. Boundaries, 1. Bourke, Governor, 101, 105. Braddon Clause, 169, 238, 260. Braddon, Sir E., 238; Britton, Mr., 99 note ; Brougham, Lord, 94 note Bryce, Rt. Hon. James, " Ameri- can Commonwealth," 165, 176, 177, 178 note. 182, 195 note, 206, 216, 217, 218, 273, 312. Buley, E. C, 33, 37, 40, 41, 43. Cable Service, 263, 267. Campbell, Colonel, 336. Campbelltown, Old Settlements in, 99 Canada, Military Expenditure in, 332 ; and the Empire, 264 ; and Preference, 252 note, 262 ; Trade in, 259. Capital, need for, 102 ; Subscribed in England, 158. Carrington, Earl, 164 note, 170. Chamberlain, Rt. Hon. J., 249. Children, Neglected, 80, 289, 293 note. Churches, Protestant Union of, 162 note. Clark, A. Inglis, 165, 195, 220. Clegg, T. B., 325 note. Climate, 10, 11; In Queensland, 278, 279. Coghlan, T. A., " Australia and New Zealand," 139, 141, 142, 144, 156, 158, 240 note. Collins, Judge Advocate, 97. Colonial Office, 105, 106, 251 note, 281. Coloured Labour, Chine-e, 280, 295, 300 ; on Ships, 276. See also Alien Immigration. Commerce, Oversea, 160. Seeai.so Shipping and Trade. 349 INDEX Commonwealth, London office of, 160 note, and Appendix. See also Constitution and Parlia- ment. " Commonwealth Year Book." See Knibbs, G. H. Conference, First Colonial, 162. Imperial, 265. Constitution Act, Commonwealth, 174, 175, 177, 181, 183, 184, 185, 186, 189, 191, 192, 193, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214. 215, 287. Constitution, Commonwealth, compared with that of U.S.A., 179 7iote, 181, 182, 183 note. Constitution, Amendment of, 210 ; Executive Powers yiven by, 191, 192, 193, 197, 209 ; Funda- mental Laws of, 210, 211 ; Judicial Powers given by, 212, 213, 214, 215; Legislative Powers given by, 181, 183, 184, 185, 186, 188, 189, 209, 210, 211, 248, 260; Powers in regard to Money Bills, 205 ; Powers in regard to Deadlocks, 206, 207 ; Powers in regard to Tacking, 208. 209. See also Parliament, Senate, House of Representatives, Governor General, Crown, Court, Federal High. Contract, Immigrants, 286. Convention, Federal, 164. 165. 167, 168, 174, 204, 205, 206. Council, Federal, 163 note. Municipal, 47. Trades and Labour, 60, 63. Court, Federal High, 175, 212. 213; as Court of Appeal, 213; com- pared to Courts of Canada, 212 ; compared to Courts of the State, 212 ; compared with Courts of U.S.A., 213, 215, 216; Impor- tant Decisions of, 176 note, 183 note. 305, 312, 313; Original Jurisdiction of, 214, 215; Pro- cedure of, 215; Relations to Parliament of, 216; Relation to State Courts, 217. Court, Supreme of New South Wales, 312, :il3. Crown, Confidence in, 199 ; Influ- ence of, 197. See also Constitu- tion, Executive Powers. Customs. See Tariff. Dairying Industry-, 145 ; Extent of, 136. Dallev, W. B., 161 note. Daw , T. K., 13, 14. Deadlocks, methods of dealing with, 206. 207. 228. 229. 230. Deakin, Hon. Alfred. 170. 240, 251, 259, 264, 265, 336, 337, 338, 339, 340, 341, 342, 343. Debt, Public, 156, 243; of the States, 244 ; Purposes of, 244. 245 ; compared with those of European States, 244. Defence, against Asiatic and Euro- pean Nations, 334, 335 ; Com- pulsory Service for, 336, 337, 338, 339; Council of, 332; Cost of, 342, 343; Cost com- pared with that of Great Britain 332, 342 ; Cost compared with that of Japan, 342 ; Necessary Extension of, 333 ; of Empire, 335, 336 ; Organisation of, 330, 331, 332, 333 ; Naval, 339, 340, 341, 342 ; Naval agreement of, 1887, 343 ; Royal Commissions on, 162 note. Democracy, character of Austra- lian. 51. Dependencies. 1 . Derby. Lord. 162 note. Dibbs. Sir George. 166, 306. Downer, Sir John, 165. Drought, Great (1903), 16, 17, 18; Precautions against, 18, 316; Recovery from, 16. Durham, Lord, 104. Early Closing Act, 290, 291, 292, 293, 295. Education, Elementary. Attend- ance, 78, 79 ; Cost, 78 ; Curri- cula, 80, 81 ; Extra Subjects, 81 ; History in each State, 73, 74, 75, 76, 77, 78; Irish National System, 73 ; Pay- ment by Results, 75, 76, 86 ; Pupil Teachers, 87, 88, 89; Religion, 85 ; Summary, 84, 85. 350 INDEX Education, Ideals of, 90, 91, 184. ,, no powers of Common- wealth in regard to, 184. Education, Secondary — Condi- tions in each State, 81, 82; Agricultural Colleges, 82. Education, Technical, 82, 83. ,, Training of Teachers, 84. Education, University, 82, 83, 84, Edwards, Major-General, 162 note. Eight Hours' Day, 59, 288, 289, 290. Elkington, Dr. J. C. 278. England, Board of Guardians in, 103 ; Common lands in, 99. Epps, W., " Land Systems of Australia," 109, 119, 121, 123. Ewing. Hon. E., 337. Excise Duties, 272. Tariff Act, 273, 277. Executive Council, Constitution of, 192, 193 ; Powers of, 193, 194. See also Constitution. Finance in New South Wales, 167. Financial Crisis in America, 148. Fitzroy, Sir Charles, 119. Franchise, 50, 55, 233 ; Women's Suffrage, 66. Free Trade, 250, 162 ; In New South Wales, 167, 291. Friendly Societies Act, 133. Froudc, J. A., 36, 161 note. Gawler, Governor, 119. Gipps, Sir George, 106, 107, 108, 110, 111, 120. Gladstone, Rt. Hon. W. E., 103, 220, 222, 265. Glenelg, Lord, 105, 123. Gold. See Mineral Production and Mines. Governor-General, 212; Instruc- tions of, 191, 198; Powers of, 191, 192, 193 note. 197, 198, 199, 209 ; Salary of, 192. See also Constitution. Expenditure, Commonwealth, 237 I Government, National, 176, 183. 239, 240, 241, 242, 243. Expenditure, Railway, 245. Exports, 148, 153, 155 ; Export of Harvesters, 150 note, 267 ; Exports of Wool, 158, 258; Exports to United Kingdom and other Countries, 257, 258. Factories, 151, 152. Factory Legislation, 294, 295. Farmers, Education of, 135 ; Yeoman, 111. Farming, 45, 46, 145, 146; Lec- tures on, 136. Farms, German, 138; Inspection of, 136; Model, 135; Spanish, 138. Federal Capital, 169. Federal Conventions. See Con- ventions. Federation, Accomplishment of, 169, 174 ; Functions of Govern- ment in a, 173, 174, 175 ; Principles of , 164, 165, 167. 203, 204, 205, 206, 207, 209. 210; Trade before, 152, 157; Trade under, 141, 147. Fertility, 12, 13. of Country Districts, 47, 48. Goyder, Mr. G. W., 121. Gregory, Professor J. W., 275, 278, 279. Grey, Lord, 108; Land Acts of, 119, 123. Griffith, Sir Samuel, 165, 220. Grose, Major, 94, 95, 96, 97. Harvesters, American, 268 ; Australian, 22, 267 ; Duty on, 271 ; Export of, 267. Heydon, Mr. M. L. C, 296 note. Higgins, Mr. Justice, 170. Hobart Mercury, 170. House of Representatives, 195, 198, 202, 219. See also Con- stitution and Parliament. Housing, 24, 25. Hughes, Hon. W. M., 336. Hutton, Major-General Sir Edward K.C.M.G., 330, 332, 333. Immigrants, Contract, 282, 286 ; " Prohibited," 281 ; Selection of, 103. 351 INDEX Immigration, Alien, 286 ; Difti- culties of, 289 ; Increase of 103; Policy of, 285, 286 Restriction Act, 281, 282 State-aided, 287 ; Stoppage of, 104. See also Aliens, Coloured Labour. Imports, 153, 155, 156, 157, 159, 253, 254, 255, 256, 257. Income Tax, 179 note, 181. Individualism, Australian, 57. Industrial Arbitration Act, 66, 306, 307, 308, 309, 310, 311, 312, 315, 317, 31 , 323, 324. Industrial Arbitration Courts, 290, 292, 294. Industrial Unions, 303, 304, 306. Insurance Companies, Life, 142. Invalidity Pensions, 325, 228. Invasion of England, 335. Inventions, Australian, 22, 267. Iron Works, 151. See also Min- erals. Irrigation. See Rainfall and Water. Italy, 148. Jubilee of 1897, 168. Judges, number of, 212, 215; Salaries of, 215 ; in States, 215. Justice, Chief, 212. King, Governor, 98, 99, 106. Kingsley, Henry, 40. Kingston, C. C, 220, 301 tiote. Knibbs, G. H., " Commonwealtli Year Book." 139, 146, 147, 151, 153. 154, 158, 240, 249, 254, 255, 256, 257, 261, 300, 320, 332. Labour Party, 58, 59 ; Begin- nings of, 65, 127; on Borrow- ing, 179 note, 128; General Election, 1891, 65 ; Caucus of, 66 ; Effect on Legislation, 65, 66; and Federation, 166 note ; 171 note; and Compulsory Military Service, 71, 336, 337"; Machine of, 66 ; in Office, 275, 286 ; in Parliament, 166 note : Pledge of, 67 ; Programme of, 68, 179; Socialists in, 70, 71 ; Strikes and, 315, 325 ; Victorian. 130. Labour Colonies, 131, 132 ; Defence Committee, 61, 65; Female. 151 ; Indentured English. 282 ; Organised, 288 ; in New Zeal- and, 307 ; on Sheep runs, 42 ; in New South Wales, 307; Settlements, 129 ; Unions Feder- ated, 162 yiote ; White, in Northern Queensland, 278. 279. Land Acts, 126, 138; Advances to Settlers Acts, 134 ; Amend- ing Act, 1896, 134 ; Australian Land Act, 148; Closer Settle- ment Acts, 128. 130; Crown Land Acts. 45, 46, 127, 130; Crown Land Alienation Act. HI, 114. 115; Crown Lands Occupation Act. 110; Free Selection Act, 112. 115; New South Wales Acts, 116; Land Act in New Zealand, 137 ; Queensland, 116; Land Sales Act, 106 ; Land Settlement Act. 132. 133; South Austra- lian Acts, 117, 120, 121. 137; Strangway's Act. 120 ; Tas- manian Acts, 116; Victorian Acts, 116, 130, 137; Waste Lands Act, 119, 120. 123, 136. 137 ; Acts in Western Austra- lia, 117, 124. Land, Advances to Settlers of, 134, 135 ; Alienated, 138 ; Allot- ments of, 98 ; Auction Sales of, 100, 105, 116, 137; Boards, 116; City, 140; Crown, 101, 103, 105, 296; Crown title to Waste Lands, 136; Companies, 102 ; Co-operative Associations on, 131 ; Departments, 232, 233 ; Dundas' proposals as to, 95 ; Locking up the, 104 ; Leases of, 3 note, 137 ; Military Settlers on, 94 ; Orders in Council, 1847, 108, 109, 112; Political Influences in regard to. 124; Price of, 140; Purchase of. 107, 113, 139; Report from Commissioners of, 106; Phil- lip's Instructions, 92, 93 ; Phil- lip's additional Instructions, 93 ; Division of, in South Australia, 123; Settlement of, 125; Selection in different 352 INDEX Land — contd. States, 45, 46 ; System of Lord Grey, 119, 120; Taxes in the States, 140 note ; System of Wakefield for dealing with, 117, 119; Waste, 106. Lane, W., 125. Lang, Governor, 106. Lawson, Henry, 37. [338. League, Australian Defence, 336, Legislation, Character of Austra- han, 233 ; General Powers of Commonwealth in regard to, 183, 184 ; Industrial, 183 and note ; 293 note, 295 ; Limita- tions on, 211. See also Con- stitution, Parliament. Light, Colonel, 118. Living, cost of, 25, 26. Loans, Public. See Debt, Public. Loch, Sir Henry (afterwards Lord), 164. London Dockers, 62. Lord Howe Island, 1, 174. Lowe, Robert (Viscount Sher- brooke), 106. Lyne, Sir WUliam, K.C.M.G., 293 note. Macdonald, Sir John, 220. Macmillan's Magazine, article in, 163 note. Macquarrie, Governor, 98, 99. Mail Contracts, 136, 276. Manillas, the, 148. Manning, Dr. Norton, 325. Marine Officers* Association, 61. Marshall, Chief Justice, 176. McArthur, Captain, 94. 95, 98, 111. McKay, J., 267. McKerrack, Sir T., 220. Meeting of Premiers at Hobart, 168. Melbourne Age, the, 289. Melbourne, Land Speculation in, 126, 127. Members of Parliament as Dele- gates, 221 ; compared with those of U.S.A., 221 ; and their Constituents, 222, 230, 231, 232; Professions of, 231. 232; Salaries of, 223, 231. Military Board, 332. Mill, John Stuart, 250. Mineral Productions. 12, 13. 149, 160; Gold, 12, 148, 149, 150. Mines, 126. 150. Ministries. Elective, 226. 227, 228. Morning Post, the, 317 note. Morris and Ranken, Report on Lands, 110, 112. 113. Mountains. 3. 4. Nationalism in Australia, 20. National Review, Article on Aus- tralia in, 170. Navigation, 185. See also Rivers. Navy, Royal, Service in, 341, 342. Navy, Protection of Commerce by, 343. New Caledonia. 184. 185. New Guinea. 162 note. New South Wales. See under subject heading. New Zealand, 1, 24, 104, 137. 264. 301, 302. 306. 307, 310, 312, 313, 314, 316, 318, 321, 323, 325, 328. Norfolk Island, 1, 174. Northern Territory, 1. O'Connor, Mr. Justice, 170. Old Age Pensions, 66, 325, 326, 327, 328. Papua, 1. 242. Paraguay. New Australia in, 125. Paramatta, Old Settlements at, 99. Parker, Sir Gilbert, on Australia, 36, 37, 44, 48. Parkes, Sir Henry, 57, 65, 74, 75, 162, 163, 164, 166, 167. 170, 220. Parliament, Commonwealth, the First, 169 ; Dealings with American Trusts, 295 ; Rela- tions between the Houses of, 203, 208; Functions of, 184; Place in Constitution of, 212; Powers of, 183 ; Powers of each House of, 205, 206; Powers with regard to Money Bills, 205, 206, 208; Parties in. 225, 226 ; compared with State Parliaments, 173 ; Enact- ment as to Union Labels, 295. 353 INDEX Parliament, Imperial, 163, 185. Parliaments, Australian, character of, 223, 224 ; compared with United Kingdoms and U.S.A., 223, 224, 225. Parties, names of, 225. Party Government, 221, 222, 223. Pastoral Association, 107, 109. Pastoral Industry, 102, 106, 138, 144. Pastoralists' Unions, 162 note. Pastures, 12. Peel, Mr., 122. Peel, Sir Robert, 220. Peru, P., 148. Petty Sessions, 47. Phillip, Governor, 92, 93, 94, 95, 96, 97, 98, 137. Physical Features, 2. Plague, Report by Dr. Ashburton Thompson on, 22. Police, 47, 48 ; in U.S.A., 183 KOi!e. Population, 102, 138, 139, 142 and note. Poor Law Reports, 102. Portuguese East Africa, 148. Post and Telegraphs, 172. Praed, Mrs. Campbell, 40. Preference to Unionists, 307, 313, 314, 318. Preference, Imperial, 249, 251, 252, 253, 258 ; meaning of, 258, 262, 263, 264, 265; value of, 259 ; Canadian System of, 259 ; for British Ships, 260 ; Exten- sions of, 262. Prison Reform Act, 293 note. Privy Council, Appeal to, 213 ; Important Decisions of, 172 note, 173 note, 176 note, 314 note ; Limits of Right to Appeal, 214. Production, 143 note, 145, 146, 148, 152, 153, 160, 277, 278. Prohibition, 174. Property, Distribution of, 142. Protection for Agricultural Machinery, 272. See also Tariff. Public Works, Departments of, 232, 233. Queensland. See under subject titles. Quick, Sir John, 167. Rabbeno, Professor, " The Com- mercial Policy of the United States," 250 note. Racing, Horse, 28, 29, 30, 31. Railways, Construction of, 188, 189 ; cost of, 244, 245 ; Rates, 186. 187, 188; Trans-contin- ental, 150. Rainfall, 4, 5, 15, 16. See Drought, Water. Ranken, G., 101. See also Morris and Ranken. Reeves. Hon. W. P., 301, 312. Referendum, 168, 171, 226, 228. 229 230. Reid.'Rt. Hon. G. H., 166, 168. 171, 208, 238, 251 note, 306. Remittance Men. 35. Repington, Colonel, 337, 339, 340, 341, 342. Responsible Government, charac- teristics of, 194, 195, 196, 219. Responsibility of Cabinet, Col- lective, 225. Revenue, 235, 236, 237, 238, 241. 243 Rivers, 5, 6, 8, 9, 185, 186. Robertson, Sir John, 110. Rockefeller, J., 267, 271. Rogers, J. D. (Historical Geo- graphy), 99, 106, 107, 111, 129, 137. Roman Law, 99. Roosevelt, T.. 336. Royal Assent to Acts of Parlia- ment. 213. Rum Trade, 96, 97. Sambon, Dr., in British Medical Journal, 278, 279. Savings Banks, 134, 142. Schools, Private, 81. Seamen's Union, 61. Secretariat Imperial, 265. See, Sir John, 225, 293 note. Senate, 194, 195, 198, 199, 200. 201, 204, 219. See also Con- stitution Parliament. Settlement, Limits of, 5. See also Land. Shearers' Union, 60, 144 note. 295. Ship-building, 152. Shipping, 261 and note, 243. See also Trade. 354 INDEX Socialism in Australia, 53, 69, 70. Social Legislation in Australia and United Kingdom, 53, 54, South Australia. See under sub- ject titles. Spain, 148. Stanley, Lord, 106. State Enterprise, 52, 53. States, Characteristics of Inhabi- tants of the, 23, 24. States, Voting Power of the, 207. Stirling, Captain, 122. Straits Settlements, 150 note. Strike, Maritime. 60, 61, 62, 63, 64, 65, 127, 298; Shearers', 298. Strikes, Breakers of, 283; Pre- vention of, 315; Prohibition of, 310; Public Opinion on, 318. Sugar Bounty Act, 277 ; Pro- duction of Sugar, 277. Sydney Bulletin, 70, 246, 334. Sydney Daily Telegraph, 170 note. Syme, David, 195. Taff Vale Case, 302, 303. Tarifi Commission, 267. Tariffs. 150, 152, 174, 235, 236, 240, 248, 249, 251, 252, 266, 269, 272. See also Preference. Tasmania. See under subject titles. Taxation of Land Values in N.S.W., 169. The Call, 336, 337 note. 339, 340. Thompson, Dr. Ashburton, 22. Times, The, 56, 57, 59. 66, 71, 118, 119, 160, 276, 285, 337. Trade. 153, 154. 155. 156, 258 and note. " Trade Unionism, History of," Sidney and Beatrice Webb, 297 note. Trade Unions, 289. 295. 302, 303. 306, 307, 308. 311. 316. 317, 319. 320. 321. 324. Transport by Camels, 44. Transportation. 103. Transvaal, 2. Trusts, American, 266 ; Austra- lian manufacture destroyed by, 268 ; The International Harves- ter, 267, 271. Tryon, Admiral, 162 note. Turner Sir G., 208. Union, Australian, 20. United Kingdom. See under sub- ject titles. United States of America. See under subject titles. Van Diemen's Land Company, 102. Vegetation. 9. 10. Victoria. See under subject titles. Village Communities. 128. Village Settlements. 99. 130, 132. Wage, Minimum. 25. Wages Boards. 289. 294, 298. 299, 300. 311. 318. 319. 320. 321, 322, 323, 324. Wages, Regulation of. 290. Wakefield, E. G., 100. 104, 105, 106, 117, 118, 119, 121, 123, 130. Water, Artesian, 7. 8 ; Conserva- tion. 6, 7 ; Irrigation, 8, 16, 186; Supply of. 186. See also Rainfall. Rivers. Watson. Hon. J. C, 275. 336. Wealth, 141, 143, 160. Webb, Sidney and Beatrice. 53, 297 note. Wentworth, W. C, 106. Western Australia. See under subject titles. Western Pacific, 1. White Australian Policy, 275, 280, 281, 286. Wine, 134, 148, 152. Wool, 99. 144, 152, 153, 158. 258. Workmen's Compensation .\ct. 296. 297. Young, Sir Henry, 120. Printed by Sir Isaac Pitman &■ Sotis, Ltd., Bath. K (2133) "'^^' % i a. t. n r i a- .})ov ^c €; L^ '■\.i z; O o < I C/3 03 [Catalogue 0] A CATALOGUE OF GENERAL LITERATURE PUBLISHED BY SIR ISAAC PITMAN & SONS, LTD. {Incorporating Ishister & Co.) ANTHOLOGY, AUTOBIOGRAPHY, ART, BELLES LETTRES, BIOGRAPHY, ECCLESIOLOGY, ETHNOLOGY, FICTION, HISTORY, METALLURGY, NATURAL HISTORY, POETRY, SCIENCE, SOCIOLOGY, TRAVEL, TOPOGRAPHY, ETC., ETC., ETC. Other Catalogues may be obtained by applying to Sir Isaac Pitman & Sons, Ltd., 1 Amen Corner, London, E.C. (See abridged List at end of this Catalogue.) " The Bookshelf," a periodical published about six times a year, will be sent on application to any address post free. In each issue will be found particulars of all the new books published by Sir Isaac Pitman & Sons, Ltd. SIR ISAAC PITMAN AND SONS, LTD. LONDON • BATH • AND NEW YORK K-3 CONTENTS PAGE ANTHOLOGY . 3 ANGLO-SAXON LIBRARY . 3 ART .... . 4 AUTOBIOGRAPHY 4 BELLES LETTRES . 5 BIOGRAPHY .... 5 COLLECTIVE BIOGRAPHIES . 9 DAINTY VOLUME LIBRARY 9 ECCLESIOLOGY . 10 ETHNOLOGY .... 10 FICTION .... . 10 HISTORY .... 11 JEUX D'ESPRIT . 12 METALLURGY .... 13 NATURAL HISTORY . . 13 MISCELLANEOUS 14 POETRY, AND CRITICISM . 17 POLITICS .... 18 SCIENCE .... . 19 SOCIOLOGY .... 19 TRAVEL, TOPOGRAPHY, AND SPORT 20 & 21 CATALOGUES .... 22 ANTHOLOGY, ETC. ANTHOLOGY ENGLAND'S PARNASSUS— An Anthology of Anthologies. By W. Garrett Horder. In fcap. 8vo, leather gilt, gilt top, 3s. 6d. net. also in cloth 2s. net. " ' These pages present . . . not the personal judgments of its editor, but the combined judgments of the most competent antholo- gists.' In other words, it is an anthology composed from anthologies. Therefore, all it contains is pure gold." — Evening Standard. THE SUNLIT ROAD : Readings in Verse and Prose for Every Day in the Year. By the Rev. W. Garrett Horder. In demy 16mo, cloth gilt, gilt corners, 3s. net ; leather gilt, gilt corners, 4s. net. " A dainty and delightful little ' day book ' for quiet moments. It is the most charming book of its kind we have seen for a very long time, for Mr. Horder has given no day without a thought to crown it, a thought pure and sweet and true, to brighten the hours of workaday life." — Lady. A BOOK OF THE LOVE OF JESUS. By Robert Hugh Benson. In foolscap 8vo, leather gilt, gilt top, 3s. 6d. net ; cloth 2s. net. " An anthology of some old Catholic devotions, slightly modern- ized, which will appeal to many by reason of its simplicity and beauty." — To-Day. ANGLO-SAXON LIBRARY THE ANGLO-SAXON LIBRARY OF ENGLISH AND AMERICAN CLASSICS. In fcap 8vo, limp lambskin gilt, gilt top. With frontispieces. 2b. 6d. net each volume. Also in cloth Is. 6d. per volume net. DREAM LIFE. A Fable of the Seasons. By the late Ik Marvbl. With an Introduction by Arlo Bates. THE REVERIES OF A BACHELOR : Or. A Book of the Heart. By the late Ik Marvel. With an Introduction by Arlo Bates. ESSAYS BY RALPH WALDO EMERSON. First Series. (In cloth only. Is. 6d. net.) ESSAYS BY RALPH WALDO EMERSON. Second Series. NATURE AND OTHER ADDRESSES AND LECTURES. By Ralph Waldo Emerson. THE CONDUCT OF LIFE. By Ralph Waldo Emerson. With an Introduction by Andrew J. George, M.A. THE AUTOCRAT OF THE BREAKFAST TABLE. By Oliver Wendell Holmes. With an Introduction by Richard Burton. 3 PITMAN'S CATALOGUE OF GENERAL LITERATURE THE PROFESSOR AT THE BREAKFAST TABLE. By Oliver Wendell Holmes. With an Introduction by Richard Burton. SOME LITERARY ESSAYS OF THOMAS BABINGTON MACAULAY. Selected and edited by George A. Watrous. SOME HISTORICAL ESSAYS OF THOMAS BABINGTON MACAULAY. Selected and edited by George A. Watrous. NO CROSS NO CROWN. By William Penn. With an Intro- duction by J. Deane Hilton. (In cloth only, Is. 6d. net.) ART LONDON : PASSED AND PASSING. A Pictorial Record of Destroyed and Threatened Buildings. With 70 illustrations, by Hanslip Fletcher. With Notes by Various Authors. In demy 4to, cloth gilt, gilt top, 21s. net. " Mr. Hanslip Fletcher has done excellent service by the pictorial record he here provides of the principal buildings which have been, or are, in danger of being destroyed. Mr. Fletcher's drawings have always caught with wonderful success what we may term the special spirit or sentiment of the scenes he delineates, and the old-world atmosphere which lingered around them has been admirably and accurately reproduced. To the present generation this volume must needs be interesting, but to future generations it will become invaluable as a permanent witness of what London was like at the end of the nineteenth century." — Bookseller. SEVEN ANGELS OF THE RENASCENCE : The Story of Art from Cimabue to Claude. By the late Sir Wyke Bayliss, F.S.A. {some- time President of the Royal Society of British Artists), author of The Likeness of Christ Rex Regum, etc., with 40 plate illustrations. In demy 8vo, buckram gilt, gilt top, bevelled boards, 10s. 6d. net. " A book to be read by all whose interest it concerns if only for its independence, at times even originality of view, and for its suggestive method of bringing apparently divergent influences upon Art into, at any rate, poetic harmony." — Graphic. AUTOBIOGRAPHY MY RECOLLECTIONS. By Princess Catherine Radziwill. Cheap Fourth Edition. In large crown 8vo, cloth gilt, gilt top. 6s. net. With photogravure portrait of the author. " The Princess Radziwill's Recollections is one of the most charm- ing and fascinating volumes of the kind ever written in the English language. She has the wit and style of the French and the romantic imagination of the Slav. All the pages of this book are interesting. — Review of Reviews. 4 AUTOBIOGRAPHY, BELLES LETTRES, ETC. THE SALT OF MY LIFE. By F. G. Aflalo, F.Z.S. With 50 illus- trations from photographs. In demy 8vo, cloth gilt, gilt top, 7s. 6d. net. " There is the breeziness of the ocean about much of his narrative, and he expatiates upon his subject with the evident zest of a man to whom sea-tishing has been indeed the salt of life." — Scotsman. THE RECOLLECTIONS OF A HUMOURIST. Grave and Gay. By the late Arthur a Becket {late Assistant Editor of " Punch.") With Photogravure Portrait. In demy 8vo, cloth gilt, gilt top. I2s. 6d. net. " The great interest of the book lies in its pictures of certain aspects of social life (and especially of cultured Bohemian club life), which have now passed almost entirely away, and which reproduce in real life many of the scenes over which everybody has laughed in the pages of Dickens, Sala, and Thackeray." — Daily News. NEW ZEALAND REVISITED. Recollections of the Days of My Youth. By The Right Hon. Sir John Eldon Gorst. With sixteen illustrations. In demy 8vo, cloth gilt, gilt top, 12s. 6d. net. " Mature and mellow with the judgment of a wise and far-reaching career. . . . Full of the fruits of keen observation and mature judgment, . . . The author's descriptions are bright and stimulat- ing to the fancy. . . . The volume is charmingly illustrated by a series of capital photographs and is in every way equipped in a fashion worthy of its literary and historical importance." — Daily Telegraph. REMINISCENCES OF MY LIFE. By Sir Charles Santley. In demy Svo, cloth gilt, gilt top, with 15 illustrations. 16s. net. " The happy and humorous note largely predominates in a book which will deUght the countless admirers of our first vocaUst-knight . . . cheery and vivacious . . . entertaining volume." — World. BELLES LETTRES *THE LETTERS OF PERCY BYSSHE SHELLEY. Containing over 450 letters. Edited with Explanatory Notes by Roger Ingpen. With 42 illustrations including two photogravures. In two volumes, large crown Svo, cloth gilt, gilt top, 21s. net. BIOGRAPHY A HERO OF DONEGAL. A Memoir of Dr. William Smyth, of Burtonport. By Frederick Douglas How. With portraits and illustrations. In crown Svo, cloth 2s. 6d. net. SHIRLEY BROOKS. (See "A Great 'Punch' Editor.") BOSWELL'S JOHNSON. (See "Life of Samuel Johnson.") * Ready shortly. PITMAN'S CATALOGUE OF GENERAL LITERATURE MRS. BROOKFIELD AND HER CIRCLE. By Charles and Frances Brookfield. With 4 photogravure plates. Third (and cheaper) Edition. In demy 8vo, cloth gilt, gilt top, 10s. 6d. net. " A work which opens for us the inner doors of the circle of literary giants whose works illumined the mid-nineteenth century. Portraits given of some of them add to the irterest and value of a couple of delightful volumes." — Punch. JOHN BUNYAN : His Life, Times and Work. By the Rev. John Brown. B.A., D.D. With portrait and illustrations by Whymper, Cheap edition. In demy 8vo, cloth gilt, 7s. 6d. " The best life of John Bunyan." — Literary World. THE CAMBRIDGE APOSTLES. By Mrs. Charles Brookfield. With twelve full-page illustrations. In demy 8vo, cloth gilt, gilt top, 21s. net. " This book — not one for the casual reader but one to be loved and remembered by serious men — conveys without effort a wonderful impression of the commanding ability, the sincere and noble ideals, the loftiness of purpose of the Apostles." — Morning Leader. THE COUNTESS OF HUNTINGDON AND HER CIRCLE. By Sarah Tytler. With photogravure portrait and eight other illustrations. In demy Svo, cloth gilt, gilt top, 12s. 6d. net. " In this account of the 'Countess of Huntingdon' and some of her distinguished friends and contemporaries, Miss Tytler has produced a thoroughly readable book. . . . Its chief value lies perhaps in the picture it gives of Ufe in certain aristocratic circles in the time of \\1iitefield and the Wesleys." — Westminster Gazette. THE LIFE OF DANTE. By the late E. H. Plumptre, D.D., Dean of Wells. Edited by Arthur John Butler. In fcap. Svo, lambskin gilt, 2s. 6d. net. Also in cloth. Is. 6d. net, and paper, Is. net. FARMER GEORGE. By Lewis Melville. With fifty-three illustra tions — including two coloured frontispieces — containing portraits, caricatures and views. In two vols., demy 8vo., cloth gilt, gilt top, 24s. net. " Mr. Lewis Melville's two portly volumes, abundantly illustrated, are so agreeably written that they can be cordially recommended. ... Of its kind nothing could be better done than his ' Farmer George.' " — Daily Mail. 6 BIOGRAPHY THE FIRST GEORGE IN HANOVER AND ENGLAND. By the same Author. In two vols., demy 8vo, cloth gilt, gilt top, with 18 illustrations, including two in photogravure, 24s. net. " Mr. Melville makes history at once true and entertaining. It is a piece of real history, and yet as fascinating as any novel. Mr. Melville brings to his work some of the best powers of a novelist, the easy narrative, the large sympathy, and dramatic touch — but he also exercises an industry which brings before us the past as it really happened." — Daily Chronicle. GEORGE FOX'S JOURNAL. {See Dainty Volume Library, page 9.) THE LIFE OF FROUDE. By Herbert Paul, M.P. With two photo- gravure portraits. Second Edition. Revised. In demy 8vo, cloth gilt, gilt top, 16s. net. " A brilliant piece of .biography and vindication by one of the most accomplished of contemporary men of letters." — Daily News. BISHOP WALSHAM HOW. A Memoir. By his Son, Frederick Douglas How. Cheap edition. In crown Svo, cloth gilt, 6s. " Extremely well done . . . altogether a book which cannot be read without profit and encouragement." — Guardian. THE LIFE OF SAMUEL JOHNSON, LL.D. By James Boswell. Newly edited with notes by Roger Ingpen. With 568 illustrations, including 12 photogravure plates fully indexed. In two vols., crown 4to, half morocco, 21s. net. (Also in two vols., handsome cloth gilt, 18s. net.) " A singularly complete and attractive edition. The greatest judgment has been shown in selecting pictures which should illus- trate Johnson's period, and bring before the reader's eye the actual features of the men and women among whom he moved. Altogether the New ' Boswell ' is one which will be certain to secure a fresh band of admirers for a work which will ever remain one of the treasures of our literature." — Westminster Gazette. THE LIFE OF THOMAS KEN, Bishop of Bath and Wells. By the late Very Rev. E. H. Plumptre, D.D., Dean of Wells. With illustra- tions. Two vols. In demy Svo, cloth gilt, 12s. Second Edition revised. GEORGE MACDONALD. A Biographical and Critical Appreciation. By Joseph Johnson. In crown 8vo, cloth gilt, 2s. 6d. net. FRIDTJOF NANSEN. By Jacob B. Bull. A book for the young. Translated from the Norwegian by the Rev. Mordaunt R. Barnard, one of the translators of Farthest North. Illustrated. In crown 8vo, 2s. 6d. THE LIFE OF NELSON. By Robert Southey. In fcap. Svo, leather gilt, gilt top, 2s. 6d. net. 7 PITMAN'S CATALOGUE OF GENERAL LITERATURE DANIEL O'CONNELL : HIS EARLY LIFE AND JOURNAL, 1795- 1802. Edited with an introduction and explanatory notes by Arthur Houston, LL.D., K.C. With three full-page plate illustrations. In demy 8vo, cloth gilt, gilt top, 12s. 6d. net. " The book seems to me full of charm, alike for readers well acquainted with the story of O'Cormell's career, and for those to whom he is only a more or less vague figure at a period of history already fading from the common memory. I have read the book with great pleasure." — Mr. Justin McCarthy in the Daily Graphic. THE LIFE OF SIR ISAAC PITMAN (Inventor of Phonography). By Alfred Baker. In demy Svo, cloth gilt, gilt top, with about 50 illustrations, including photogravure and steel plates, 7s. 6d, " The book is very well done. It gives a life-like picture of a strenuous reformer, an original personality, an inventor to whom every newspaper, every public body, and every great business house owes an incalculable debt." — Christian World. " Good reading for all who have studied Phonography, and the general reader will find plenty to interest him in this study of Sir Isaac Pitman." — Daily News. WILLIAM CONYNGHAM PLUNKET. By F. D. How. Fourth Baron Plunket, and sixty-first Archbishop of Dublin. A Memoir. With two portraits. In demy Svo, cloth gilt, gilt top, 16s. A GREAT " PUNCH ' ' EDITOR. Being the Life, Letters, and Diaries of Shirley Brooks. By George Somes Layard. With 8 illustra- tions and 22 initial letters from Punch. In demy 8vo, cloth gilt, gilt top, 18s. net. " It is singularly accurate, very full, put together in a most workmanlike way, and full of things which to persons of taste are delightful and precious. Those who wish to understand the literary period of which it treats must read it." — British Weekly. THE LIFE AND WORK OF BISHOP THOROLD. Rochester, 1877-91 ; Winchester, 1891-95. Prelate of the most noble Order of the Garter. New and cheap edition. By C. H. Simpkinson, M.A. In crown Svo, cloth gilt, gilt top, 6s. JOHN WESLEY. {See Dainty Volume Library.) WHISTLER AND OTHERS. By Frederick Wedmore. In demy Svo, cloth gilt, gilt top, 6s. net. " Nothing that has been written about Whistler hits the golden mean more perfectly than this subtle and discriminating estimate. . . .The appeal of the book is wide, and from the first page to the last, offers an invitation to think." — Standard. 8 COLLECTIVE BIOGRAPHIES, ETC. COLLECTIVE BIOGRAPHIES GREAT ASTRONOMERS. By Sir Robert Ball. Illustrated. In demy 8vo, cloth gilt, gilt top, 3s. 6d. net. THE HEROIC IN MISSIONS. Pioneers in six fields. By the Rev. A. K. Buckland, M.A. In crown 8vo, cloth gilt, Is. 6d. MODERN PAINTERS AND THEIR PAINTINGS. By Sarah Tytler. For the use ot Schools and Learners in Art. Seventh edition. In crown 8vo, quarter cloth gilt, 4s. 6d. " An excellent introduction to the History of Art." — Daily News. MUSICAL COMPOSERS AND THEIR WORKS. By the same Author. For the use of Schools and Students in Music. Eighth edition, revised. In crown Svo, quarter cloth gilt, 4s. 6d. " The best simple handbook on the subject that has yet appeared in England." — Academy. THE OLD MASTERS AND THEIR PICTURES. By the same Author. For the use of Schools and Learners in Art. New and enlarged edition. In crown Svo, quarter cloth gilt, 4s. 6d. " Really supplies what has long been a felt want." — British Quarterly Review. NOBLE WOMEN OF OUR TIME. With Portraits. By F. D. How. In crown Svo, cloth gilt, gilt top, 5s. PITMAN'S DAINTY VOLUME LIBRARY Each in fcap. Svo, limp lambskin gilt, gilt top, with Photogravure Frontispiece, 2s. 6^. per volume net. DANTE. THE DIVINA COMMEDIA AND CANZONIERE. Trans- lated by the late Dean Plumptre. With Notes, Studies, Estimates, and Life. In five volumes. THE LIFE OF DANTE. By the same author. In one volume. THE TRAGEDIES OF ^ESCHYLOS. Translated by Dean Plumptre. In two volumes. THE TRAGEDIES OF SOPHOCLES. Translated by Dean Plumptre. In two volumes. BOSWELL'S LIFE OF JOHNSON. (Abridged.) With an Introduction by G. K. Chesterton. In two volumes. THE POETRY OF ROBERT BROWNING. By Stopkord A. Brooke, M.A., LL.D. In two volumes. TENNYSON : HIS ART AND RELATION TO MODERN LIFE. By Stopford A. Brooke, M.A., LL.D. In two volumes. JOHN BUNYAN : HIS LIFE, TIMES AND WORK. By John Brown, D.D. In two volumes. PITMAN'S CATALOGUE OF GENERAL LITERATURE THE PILGRIM'S PROGRESS. By John Bunyan. In one volume. JOHN WESLEY'S JOURNAL. (Abridged.) With Appreciation by the Rt. Hon. Augustine Birreli,, M.P. In two volumes. GEORGE FOX'S JOURNAL. (Abridged.) With Introduction by W. Robertson Nicoll, M.A., LL.D. In two volumes. NO CROSS, NO CROWN. By Willi.\m Penn. With an Introduction by J. Deane Hilton. In one vol. ECCLESIOLOGY * ROODSCREENS AND ROODLOFTS. By F. Bligh Bond, F.R.I. B.A., and The Rev. Do.m Bede Camm, O.S.B. With 100 full page collotype reproductions, and upwards of 300 other beautiful illustrations. In demy 4to, handsome cloth gilt, gilt top, 32s. net. ETHNOLOGY * NATIVE LIFE IN EAST AFRICA. By Professor Karl Weule. Trans- lated from the German with Introduction and Notes by Alice Werner. With 4 maps and 196 illustrations. In royal 8vo, cloth gilt, 12s. 6d. net. This important work is a record of travel in East Africa by an accomplished German ethnologist, and this, with the splendid maps and copious illustrations, will furnish the means of obtaining a very clear idea of the country described. SERVIA AND THE SERVIANS. By M. Chedo Mijatovich. Late Servian Minister at the Court of St. James' s. In demy 8vo, cloth gilt, gilt top, 16s. net. With sixteen illustrations. ' " The subject is a fascinating one, and the material here brought, together is fresh and interesting. . . . M. Mijatovich gives us a charming picture of his own people with some gentle criticism. . . . It is full of interest, it makes its effect by sheer simplicity of narration. It should be read by all." — Morning Post. FICTION THE SEPARATIST. By Anon. 6s. OVER THE BORDER. By Robert Barr. 6s. THE HILL OF TROUBLE. By A. C. Benson. Stories medicxval, mystical, and supernatural. 6s. THE ISLES OF SUNSET. By A. C. Benson. 6s. BY WHAT AUTHORITY ? By Robert Hugh Benson. 6s. THE LIGHT INVISIBLE. By Robert Hugh Benson. 3s. 6d. RICHARD RAYNAL, SOLITARY. By Robert Hugh Benson. 3s. 6d. THE KING'S ACHIEVEMENT. By Robert Hugh Benson. 6s. ♦ Ready shortly, 10 FICTION AND HISTORY THE QUEEN'S TRAGEDY. By Robert Hugh Benson. 6s. THE SENTIMENTALISTS. By Robert Hugh Benson. 6s. A MIRROR OF SHALOTT. By Robert Hugh Benson. 6s. LORD OF THE WORLD. By Robert Hugh Benson. 6s, MY LORD OF ESSEX. By Frances M. Brookfield. The romantic episode of Cadiz. With photogravure frontispiece. 6s. tA FRIAR OBSERVANT. By Frances M. Brookfield. 6s. " An excellent study of the state of affairs in England, and especially on the Continent, at the time of the Dissolution of the Monasteries and Religious Orders by Henry VIII, and the Protest- ant Revolution headed by Martin Luther. ... A more than worthy companion to My Lord of Essex." — Bristol Times and Mirror." MEN OF THE MOSS-HAGS. By S. R. Crockett. Illustrated. 6s. WOLFVILLE. By Alfred Henry Lewis. Illustrated. 6s. WOLFVILLE DAYS. By Alfred Lewis. Tales of life in a Western cattle town. With Introduction by Robert Barr. 3s. 6d. THE GOD OF HIS FATHERS. By Jack London. Tales of the Klondyke. 6s. THE SON OF THE WOLF. By Jack London. Tales of the Far North. 6s. A DAUGHTER OF THE SNOWS. By Jack London. Es. t ANNE OF GREEN GABLES. By L. M. Montgomery. 6s. Second impression. " We feel we have added another real friend to those we have made in fiction. ... A piece of work which is quite uncommonly good, as well as thoroughly interesting from the first page to the last." — Daily Telegraph. PRINCESS JOYCE. By Keighley Snowden. 6s. HURRICANE ISLAND. By H. B. Marriott Watson. Illustrated. Cheap Edition. 3s. 6d. HISTORY A HUNDRED YEARS OF IRISH HISTORY. By R. Barry O'Brien. With an Introduction by John E. Redmond, M.P. In crown Svo, cloth gilt, 2s. 6d. net. *THE ENGLISH IN CHINA. By J. Bromley Eames, B.C.L.,M.A. In demy Svo, cloth gilt, with maps and illustrations. 20s. net. OUTLINES OF THE ECONOMIC HISTORY OF ENGLAND. A Study in Social Development.', By H. O. Meredith, M.A., M.Com. Lecturer in Economics at Victoria University, Manchester. In demy Svo, cloth gilt, 5s. net. " An able, instructive, and impartial work." — Times. * Ready shortly. f Just published. II PITMAN'S CATALOGUE OF GENERAL LITERATURE MAKERS OF NATIONAL HISTORY. Editedby w. H. Hutton, B.D. Each volume in this series — the aim of which is to do fuller justice to men whose lives have not hitherto been adequately dealt with— is in crown 8vo, cloth gilt, with a frontispiece, 3s. 6d. net. CARDINAL BEAUFORT. By the Rev. L. B. Radford, D.D. VISCOUNT CASTLEREAGH. By Arthur Hassall, M.A. ARCHBISHOP PARKER. By W. M. Kennedy, B.A. *FRANCIS ATTERBURY, Bishop of Rochester (1662-1732). By the Rev. H. C. Beeching, M.A., Litt.D., Canon of Westminster. " The new series ought to make a place for itself in school and public libraries, whilst individual volumes will of course be bought by the general reader." — Saturday Review. JEUX D' ESPRIT HUSTLED HISTORY, Or THE SPRINTER'S GUIDE TO KNOWLEDGE. By the Authors of Wisdom While You Wait. Illustrated by George Morrow. In crown 8vo, paper covers. Is. net. " Hustled History is really a scathing satire on the sacrifice to sensationalism of the higher qualities of journalism. But there is rollicking fun all through the book for those who know enough of cheap newspapers and popular writers. The humour is light and fresh all through, i^nd there are illustrations and advertisements equally characteristic and equally amusing." — Times. IF, A Nightmare in the Conditional Mood. By the same Authors. In crown 8vo, paper covers, Is. net. " The ingenious work called IF, so admirably adorned with the designs of Mr. George Morrow, consists of a series of airy fancies, to which a reviewer can do but scant justice. . . . Mr. George Morrow, as usual, shows a pleasant dexterity in humorous pictures that tell their own tale. Authors and draughtsman are remarkably up to date ... as merry as ever, and they take liberties with the famous or notorious with that air of innocence which are the marks of good fooling. Their knocks are often wise as well as shrewd, and they have an admirable scent for boomsters and impostors. We can honestly say that we have laughed over this little book as heartily as over its predecessors." — Westminster Gazette. * STUDIES IN MUSICAL CRIME. By C. L. Graves. Illustrated by George Morrow. In crown 8vo, cloth gilt, 2s. 6d. net. * Ready shortly. 12 METALLURGY AND NATURAL HISTORY METALLURGY AUSTRALIAN MINING AND METALLURGY. By Donald Clark, B.C.E., M.M.E. A detailed description of the Metallurgic Methods employed in the process of Ore Treatment and Gold Recovery at the principal mines and metallurgic works operating in Western Australia, Queensland, Victoria, New South Wales and Tasmania. With numerous illustrations and diagrams. Royal octavo, cloth gilt, 21s. net. ♦REFINING OF GOLD. By Donald Clark, B.C.E. In demy 8vo, cloth gilt, with illustrations, 12s. 6d. net. THE METALLURGY OF TIN. By P. J. Thibault, F.C.S. (Lond.). With numerous illustrations. In demy 8vo, cloth gilt, 12s. 6d. net. NATURAL HISTORY MY BACKYARD ZOO. A Course of Natural History. By the late Rev. J. C. Wood. In crown 8vo, cloth gilt, 2s. " Really a complete course of natural history." — Times. THE A B C OF POULTRY. By E. B. Johnstone. In crown Svo, cloth 2s. 6d. net. " A capital addition to the many books devoted to the outdoor life, and its practical utility is increased by the careful classification of the numerous points in connection with poultry keeping and the diseases to which the fowl is heir." — World. CATS FOR PLEASURE AND PROFIT. By Miss Frances Simpson. Third Edition. In crown Svo, with 25 beautifully reproduced photo- graphs of famous prize winning cats. 2s. net. " The author explains that her object ha^ been ' to help those who desire to combine pleasure with profit, and at the same time to interest and instruct my readers in the best and most practical way of rearing lovely home pets, handsome show cats, and healthy, saleable kittens.' This aim is very successfully achieved." — Pall Mall Gazette. MINUTE MARVELS OF NATURE. By John J. Ward. Being some revelations of the microscope. Illustrated by Photo-micrographs taken by the Author. Cheaper Edition. In demy Svo, cloth gilt, gilt top, 3s. 6d. net. PEEPS INTO NATURE 'S WAYS. By the same Author. Being chapters on insect, plant and minute life. Illustrated from photographs and photo-micrographs taken by the Author. Cheaper Edition. In demy Svo, cloth gilt, gilt top, 3s. 6d. net. * Ready shortly. 13 PITMAN'S CATALOGUE OF GENERAL LITERATURE MISCELLANEOUS * BODY AND SOUL. By Percy Dearmer, M.A. In demy 8vo, cloth Silt, 6s. net. The advance of Christian Science has, at least, had one good result in calling attention to the ancient Christian doctrine much obscured in recent times, of the relation of faith to the healing of bodily sickness. The subject is rapidly coming to the front among Christian believers, and Mr. Dearmer's book is a history and an exposition of the doctrine. CHILDREN'S SAYINGS. Edited, with a digression on the Small People, by William Canton, author of The Child's Book of Saints, etc. In fcap. 8vo, cloth gilt, gilt top, with a frontispiece, 2s. 6d. CLERICAL HUMOUR OF OLDEN TIME. By F. D. How. Being Sketches of some clerical humorists between the Twelfth and the Eighteenth Centuries. In large crown 8vo, cloth gilt, gilt top, with frontispiece. 6s. net. " Six centuries of leisure and laughter are represented in this amusing book. Altogether, Mr. How is to be congratulated on a lively and diverting book, which throws many sidelights on clerical life in vanished centuries." — Standard. DICTIONARY OF THE WORLD'S COMMERCIAL PRODUCTS. With equivalents in French, German, and Spanish. By J. A. Slater, B.A., LL.B. (Second Edition, Revised.) In demy 8vo, cloth gilt, 163 pp., 2s. 6d. " It is a very useful book and will be valued in particular by students of commercial geography. The list of products is very complete ... a third edition is pretty sure to be called for." — Pall Mall Gazette. DREAM OF PROVENCE. (Orgeas and Miradou.) By Frederick Wedmore. Post 8vo, fancy boards, Is. net. TO NANCY. By the same Author. Post 8vo, fancy boards, Is. net. EDUCATION AND SOCIAL LIFE. By tlie Rev. J. Wilson Harper. D.D. In crown 8vo, cloth, 4s. 6d. not. An attempt to show that the goal of education is social service. HOME GYMNASTICS FOR OLD AND YOUNG. By T. J. Hartelius, M.D. Translated and adopted from the Swedish by C. Lofvinc. With thirty-one illustrations. Fifth Edition, revised. With a prefatory note by Arthur A. Beale, M.B. In stiff boards. Is. 6d. HOUSEHOLD LAW. A Practical Handbook for the Householder. By J. A. Slatkk, B. a., LL.B. (Lond.). In demy 8vo, cloth gilt, 5s. net. HOW TO CHOOSE A HOUSE. How to Take it and Keep it By Charles Emanuel and E. M. Joseth. In crown 8vo, cloth, with illustrations, 3s. 6d. net. " This book seems to us to contain well nigh all the information that a person desiring to acquire a property could desire." — Record* * Ready shortly. 14 MISCELLANEOUS LIGHTER MOMENTS. From the note-book of Bishop Walsham How. Edited by his son, Frederick Douglas How. In small crown 8vo, cloth gilt, gilt top, 2s. 6d. MODERNISM. A Record and Review. By the Rev. A. Leslie LiLLEY, M.A. In demy 8vo, cloth gilt, 6s. net. " For those who have only lately begun to take an interest in the liberal movement in the Roman Church, and who are ignorant of its previous literature, this book will be invaluable. . . . Mr. Lilley is admirably suited, both by knowledge and sympathy to be the medium through which the modernist position may be made known to the English public." — Church Times. MY KEY OF LIFE— OPTIMISM : An Essay. By Helen Keller. In foolscap 8vo, cloth gilt, Is. 6d. net. With photogravure portrait. New Edition. " This remarkable little work is a glorification of optimism written in no maudlin strain, but filled with a sincerity which cannot but appeal straight to the heart of the reader." — Evening News. ON LIFE'S THRESHOLD : Talks to Young People on Character and Conduct. By Pastor Charles Wagner. Translated by Edna St. John. In crown Svo, cloth gilt, gilt top, 3s. 6d. ; also in paper Is. net. ON THE QUEEN'S ERRANDS. By Captain Philip Wynter. In demy Svo, cloth gilt, gilt top, 10s. 6d. net. " His varied experiences as a Queen's messenger on foreign service are recounted with an unfailing vivacity, and with a liberal infusion of good stories." — World. SELECTIONS FROM THE WORKS OF BISHOP THOROLD. With a Portrait. Preface by the Most Hon. and Most Rev. Randall Davidson, Lord Archbishop of Canterbury. In crown Svo, cloth gilt, gilt top, 5s. THE BOOK OF THE CHILD. An Attempt to ?,et Down what is in the Mind of Children. By Frederick Dougla a How. In foolscap Svo, leather, with dainty cover design, gilt corners, Ss. 6d. net ; cloth 2s. net. " A subtle analysis of the child-mind enlivened with pleasing stories. Parents will do well to consult these entertaining pages." — Madame. THE INNER LIFE OF THE NAVY. Being an Account of the Social Life of the Navy as seen below deck. By Lionel Yexley (Editor of The Fleet.) With sixteen illustrations. In demy Svo, cloth gilt, gilt top, 10s. 6d. net. " Mr. Yexley writes with an easy straightforward style. We read him as we listen to a good after-dinner speaker, with delightful and eager attention. It is comforting to read a book by one who Ifpows something about it." — Morning Leader, PITMAN'S CATALOGUE OF GENERAL LITERATURE THE LITERARY STUDY OF THE BIBLE. An account of the leading forms of literature in the Sacred Writings. Third Edition, revised. By R. G. MouLTON, M.A., Ph.D. In demy 8vo, cloth gilt, gilt top 10s. 6d. " A valuable help to the study of the Sacred Writings. . . We heartily recommend this book." — Daily Chronicle. THE PRACTICAL WISDOM OF THE BIBLE. Edited with an intro- duction by J. St. Loe Strachey (Editor of The Spectator). In demy 16mo, cloth gilt, gilt top, 2s. 6d. net ; leather 3s. 6d. net. "No one after reading this elegant and carefully produced volume can doubt that Mr. Strachey has done a good work in a thoroughly good manner." — Standard. THE PERSIAN PROBLEM. By H. J. Whigham. With maps and illustrations. In demy 8vo, cloth gilt, 12s. 6d. THE SIMPLE LIFE. By Pastor Charles Wagner. Translated from the French by Mary Louise Hendee. With an Introduction and Biographical sketch by Grace King. In foolscap 8vo, cloth gilt. Is. 6d. net. New Edition. Also in paper covers at 6d. net. THE SPRING OF THE DAY. Spiritual Analogies from the Things OF Nature. By the late Hugh Macmillan, D.D., LL.D. In crown Svo, cloth gilt, 3s. 6d. net. " Luminous in a high degree, filled with matter for children's addresses, and equally sure to prove instructive to persons of mature years." — Christian. THE CLOCK OF NATURE. By the late Hugh Macmillan, D.D., LL.D. In crown Svo, cloth gilt, 3s. 6d. net. An attempt to bring out the wise lessons which the objects of Nature teach, and to illustrate the spiritual revelation of God in Christ by the revelation of God in Nature. THE POETRY OF PLANTS. By the late Hugh Macmillan, D.D., LL.D. In crown Svo, cloth gilt, 3s. 6d. net. A collection of popular studies, showing the many points of beauty and interest about some of the commonest of our trees and wild flowers. " A delightful book . . . the clergy will gather from it many an illustration or parable." — Church Times. THE SOCIAL RESULTS OF EARLY CHRISTIANITY. By C. Schmidt. Translated by Mrs. Thorpe. With Preliminary Essay by R.W. Dale, LL.D. In crown Svo, cloth gilt. 3s. 6d. net. " An easy book to read, and the educated layman will find it full of vital interest, while the more exacting student will have the further satisfaction of being provided with full and precise references to the original^ authorities, in which many startling assertions are made." — Nottingham Daily Express. 16 MISCELLANEOUS AND POETRY PITMAN'S WHERE TO LOOK. An Easy Guide to Books of reference. In crown 8vo, cloth, Is. net. Second Edition, Revised. " Very much what the Review of Reviews is to other journals is Pitman's Where to Look to other books of reference. This handy little volume will tell you at a glance which is the best book of reference dealing with almost any subject under the sun. The volume in no way supersedes any existing reference book, but is an invaluable addition to one's library, as it intimates at once the best source of information not only on general subjects to be found in the familiar Whitaker or Hazell, but also on little-known matters, as to which the plain man is often at a loss where to turn for reference." — Bystander. THE WORLD'S COMMERCIAL PRODUCTS. A Descriptive Account of the Economic Plants of the World and of their Commercial Uses. By W. G. Freeman, B.Sc, F.L.S., and S. E. Chandler, D.Sc, F.L.S. With contributions by T. A. Henry, D.Sc, F.C.S., C. E. Jones, B.Sc, F.L.S., and E. H. Wilson. With 420 illustrations from photographs and 12 coloured plates and maps. In demy 4to, cloth gilt, gilt top, 10s. 6d. net. " The new production deals in an interesting and exhaustive fashion with the various economic plants of the world, and their commercial uses, and is profusely illustrated. Whether cocoa cultivation or wheat, Siamese rice-fields or Russian tea-gardens, Borneo tobacco, Assam rubber, or turpentine in North Carolina — whatever the product, in fact, the reader is told of its production and treatment in most interesting fashion, and the profuse illustra- tions are of great assistance. We imagine that the book will find a warm welcome." — Pall Mall Gazette. * THE BEGINNINGS IN THE TEACHING OF MODERN SUBJECTS IN ENGLAND. By Foster Watson, M.A. (Professor of Education in University College, Aberystwyth). In crown 8vo, cloth gilt, 572 pp., 6s. net. POETRY, AND CRITICISM THE POETRY OF ROBERT BROWNING. By Stopford A. Brooke. Original issue. In demy 8vo, cloth gilt, 10s. 6d. " The most satisfactory and stimulating criticism of the poet yet published." — Times. (See also Dainty Volume Library, page 9.) TENNYSON : HIS ART AND RELATION TO MODERN LIFE. By the same Author. Original issue. In demy Svo, cloth gilt, 7s. 6d. " Will make a strong appeal to all lovers of our great Laureate." — Quarterly Review. (See also Dainty Volume Library, page 9.) * Ready shortly. 17 PITMAN'S CATALOGUE OF GENERAL LITERATURE A STUDY OF CLOUGH, ARNOLD, ROSSETTI, AND MORRIS. With an Introduction on the Course of Poetry from 1822 to 1852. By the same Author. In demy 8vo, cloth gilt, 6s. net. " The book is a brilliant and remarkable study. The present volume by virtue of its moral insight, the range and depth of its appreciation, its noble and eloquent candour, and, above all, its swift and exact insight into the distinctive qualities of four poets of real significance, is worthy — and we can give it no higher praise — to stand side by side with the aids to interpretation from the same vivid and picturesque pens of the vanished masters who gave us, in the one case, In Memoriam and Idylls of the King, and, in the other. The Ring and the Book and Dramatic Lyrics.' " — Standard. THE POEMS OF JAMES HOGG. The Ettrick Shepherd. Selected and edited, with an Introduction, by William Wallace, LL.D. With photogravure portrait frontispiece. In crown 8vo, cloth gilt, gilt top, 5s. " This admirable new edition may lead to a revival of interest in ' the Shepherd.' " — Glasgow Evening News. WITH THE WILD GEESE. Songs of Irish Exile and Lament. By Emily Lawless. With an Introduction by Stopford A. Brooke. In sq. 8vo, cloth gilt, 4s. 6d. net. POLITICS OLD-AGE PENSIONS : Are they Desirable and Practicable ? By Frederick Rogers and Frederick Millar. In crown Svo, cloth 2s. 6d. n.et. ALIEN IMMIGRATION : Should Restrictions be Imposed ? By Frederick Bradshaw, M.A., and Charles Emanuel, M.A. In crown Svo, cloth, 2s. 6d. net. RELIGIOUS LIBERTY IN ENGLAND. A Scheme for Providing AND Securing Religious Liberty in England and Wales. By J. Fovargue Bradley. With Introductions by the Rev. Dugald Macfadyen, M.A., and the Rev. T. A. Lacey. In demy Svo, Is. net. " The book is obviously one which no one who cares for the well-being of his country can ignore, and it should receive the warmest welcome. Certainly a book to be read and studied." — Public Opinion. NONCONFORMITY AND POLITICS. By A Nonconformist Minister. In crown Svo, cloth gilt, 3s. 6d. net. " We have here a powerful, earnest, eloquent appeal, written under the evident conviction of a great cause ; a reasoned, lucid argument set forth with masterly skill, and in the presence of a sort of mystical fire which makes the language glow. ... It is in every way a serious and notable work." — Daily News. 18 SCIENCE AND SOCIOLOGY SCIENCE GREAT ASTRONOMERS. By Sir Robert Ball, D.Sc, LL.D., F.R.S. With numerous full-page and other illustrations. In demy 8vo, cloth gilt, gilt top, 3s. 6d. net. " Sir Robert Ball's gifts as a narrator are very great. He is, of course, a master of his subject. . . . The most earth-bound mortal who opens this book must go on with it." — Daily Chronicle. IN STARRY REALMS. By the same Author. The Wonders of the Heavens. With numerous full-page and other illustrations. In demy 8vo, cloth gilt, gilt top, 3s. 6d. net. " The style of popular exposition adopted throughout is indeed admirable, the illustrations are excellent, the binding is tasteful, and the print good." — Saturday Review. IN THE HIGH HEAVENS, By the same Author. A popular account of recent interesting astronomical events and phenomena, with numerous full-page and other illustrations. In demy 8vo, cloth gilt, gilt top, 3s. 6d. net. " It has," says The Scotsman, " the freshest knowledge and the best scientific thought." ASTRONOMY FOR EVERYBODY. By Professor Simon Newcombe. LL.D. With an Introduction by Sir Robert Ball. Illustrated. A popular exposition of the Wonders of the Heavens. In demy 8vo, cloth gilt, gilt top, 3s. 6d. net. BY LAND AND SKY. By the Rev. John M. Bacon, M.A., F.R.A.S. The Record of a Balloonist. With four Illustrations. In demy 8vo, cloth gilt, gilt top, 3s. 6d. net. SOCIOLOGY SOCIALISM. By Professor Robert Flint, LL.D. New, Revised and Cheaper Edition. In demy 8vo, cloth gilt, 6s. net. " A new, revised and cheaper edition of Professor Flint's masterly study will be generally welcomed. The revision has been carefully carried out, but the original text has been as far as possible pre- served. References show that the additional notes are well up to date." — Daily Mail. THE PEOPLE OF THE ABYSS. By Jack London. A study of the social and economic conditions of life in the East End of London. By the author of The Call of the Wild. With 24 illustrations from actual photographs. In crown 8vo, cloth gilt, 6s. "... Mr. Jack London, who is already known to the British public as a line descriptive writer, has done for the East End of London, what he did for the Klondyke — has described it fully and faithfully, looking at it as intimately as dispassionately." — Daily Chronicle, 19 PITMAN'S CATALOGUE OF GENERAL LITERATURE WHAT IS SOCIALISM ? By " Scotsburn." An attempt to examine the principles and policy propounded by the advocates of Socialism. In demy 8vo, cloth gilt, 7s. 6d. Contents — Preliminary — Socialism (Part I) — Socialism (Part II) — Justice — Class — Equality — Private Property (Land) — Private Property (Wealth) — Marx — Machinery — Monopoly — Liberty — Religion. TRAVEL, TOPOGRAPHY, AND SPORT THE ADVENTURER IN SPAIN. By S. R. Crockett. With 162 illustrations by Gordon Browne and from photographs taken by the Author. In large crown 8vo, cloth gilt, 6s. AROUND AFGHANISTAN. By Major de BouiUane de Lacoste. Translated from the French by J. G. Anderson. With five maps and 113 illustrations. In super royal 8vo, cloth gilt, gilt top, 10s. 6d. net. CASTLES AND CHATEAUX OF OLD TOURAINE. and the Loire Country. By Francis Miltoun and Blanche McManus. With seventy illustrations reproduced from paintings made on the spot, and maps, plans, etc. In large crown Svo, cloth richly gilt, gilt top, 7s. 6d. net. " One of the most delightful travel books that we have come across for some time. The author is well informed, has an eye for the picturesque, and wields a lively pen ; while Miss Blanche McManus has admirably caught the spirit of the country and its inhabitants in her sketches. Many of these latter are really beautiful, and are full of those touches of actuality which bring the real thing back in a flash to the mind of anyone who knows the district." — Country Life. CASTLES AND CHATEAUX OF OLD NAVARRE and the Basque Provinces. By the same Authors. With sixty-three illustrations (some in colour), maps, plans, etc. In large crown Svo, cloth richlv gilt, gilt top, 7s. 6d. net. " The book is well worth reading, not merely as a travel handbook, but for its sympathetic, social and historical review of a very interesting section of the French people." — Irish Times. IN THE LAND OF MOSQUES AND MINARETS. By the same Authors. With seventy-five illustrations, in colour and black and white, maps, plans, etc. In large crown Svo, cloth gilt, gilt top, with cover of charming design, 7s. 6d. net. " A comprehensive account of Morocco, Algiers, and Tunis, and of Mussulman government, religion, art, culture, and French influence. Picturesquely illustrated." — Times. 20 TRAVEL, TOPOGRAPHY, AND SPORT ITALY OF THE ITALIANS. By Helen Zimmern. In imperial 16mo, cloth gilt, gilt top, with 31 full page illustrations, 6s. net. " The reading public owe a debt of gratitude to Miss Helen Zimmern for this truly admirable book. . . . The knowledge and judgment displayed in the volume are truly astounding, and the labour the author has expended on it has made it as indispensable as Baedeker to the traveller, as well as invaluable to the student of modern times. It is just what it should be, and what books with similar objects so seldom are, and it will long remain a monument to the author's talents. Miss Zimmern leaves us no excuse for not understanding the Italy of to-day." — Daily Telegraph. FRANCE OF THE FRENCH. By E. Harrison Barker. In imperial 16mo, cloth gilt, gilt top, with 32 full-page illustrations, 6s. net. " A book of general information concerning the life and genius of the French people, with especial reference to contemporary France. Covers every phase of French intellectual life — architecture, players, science, and invention, etc. — Times. " It is altogether an exceedingly informative book and should be very useful in promoting a reasonable understanding of the French people. There are numerous illustrations, and these are excellently reproduced and printed." — Livetpool Courier. ♦SWITZERLAND OF THE SWISS. By Frank Webb. With 32 full-page plate illustrations. In imperial 16mo, cloth gilt, gilt top, 6s. net. * SPAIN OF THE SPANISH. By J. Villiers-Wardell. In imperial 16mo., cloth gilt, gilt top, with 32 illustrations, 6s. net. THE ** ALL RED ' ' SERIES. A new series of books bearing on the expansion of England as a world-wide power. * THE COMMONWEALTH OF AUSTRALIA. By the Hon. Bern- hard Ringrose Wise (formerlv Attorney-General of New South Wales). Mr. Wise has a most intimate knowledge of Australian affairs, and possesses the art of imparting what he knows. * THE DOMINION OF NEW ZEALAND. By Sir Arthur P. Douglas. Bt., formerly Under-Secretary for Defence, New Zealand, and previously a Lieutenant, R.N. Sir Arthur's long residence in New Zealand, and his varied experience of official life, especially qualify him for the task under- taken by him of writing a book based upon the most reliable information brought up to the present date. * Ready shortly. 21 PITMAN'S CATALOGUE OF GENERAL LITERATURE THREE YEARS' SPORT ON THE MOZAMBIQUE. By G. Vasse. Translated from the French by R. Lyiiekker, F.R.S. In super royal 8vo, cloth gilt, with 78 illustrations, 8s. 6d. net. (Ready shortly.) CATALOGUES, ETC. Sir Isaac Pitman & Sons, Ltd., have pleasure in calling attention to the following Catalogues of Books published by them. They will be pleased to send on application any of these Catalogues, all of which have been brought up to date. [B] PITMAN'S COMMERCIAL SERIES. A List of Books suitable for use in Evening Schools and Classes, and for Reference in Business Houses. 32 pp. [C] PITMAN'S EDUCATIONAL BOOKS (Primary). Illustrated. 56 pp. [D] Ditto, un-illustrated, 44 pp. [E] PITMAN'S LIST FOR INFANT SCHOOLS. Books for the Child and the Teacher. Illustrated. 16 pp. with Supplement. [F] SOME TEXT-BOOKS specially adapted for Evening and Com- mercial Schools. 16 pp.. [G] PITMAN'S BUSINESS HANDBOOKS. 16 pp. [H] PITMA^rS SHORTHAND, TYPEWRITING, STATIONERY AND COMMERCIAL LANGUAGES CATALOGUE. 36 pp. [K] Aj CATALOGUE OF EDUCATIONAL BOOKS suitable for use in Secondary Schools and of books recommended for School Prizes. [N] A CATALOGUE OF THEOLOGICAL AND RELIGIOUS LITERATURE. 16 pp. PERIODICALS. Pitman's Journal ; The Teacher ; The Magazine of Commerce ; The Bookshelf ; The Success Ladder ; The Postage Stamp ; etc., etc. Specimens on Application. Any who may happen to be in the neighbourhood of St. Paul's Cathedral are cordially invited to visit Sir Isaac Pitman & Sons' Show Room, at 14 Warwick Lane, where their publications may be examined at leisure. Sir Isaac Pitman (£■= Sons, Ltd., i Amen Corner, B.C., Bath and New York 22 MODERN TEXT-BOOKS FOR BUSINESS MEN AND STUDENTS Send a Post Card at once for Catalogue B (post free) containing details of Text-hooks on the following subjects — Accountancy .. The pitman firm has made Advertising * special feature of business . ^^^, ^. books till now it issues an AntnnietlC almost complete business Rant-incr library. Its publications are 0«UUUllg to tl,e point, practical, and Bankruptcy & Bills of Sale sound." T-»-ii /-^L a- XT i —Shtffitld hidependtnt. Bills, Cheques, & Notes Book-keeping Prices Business Customs Abroad ^ _ Business Man's Guide Qd. to 5/= Business Training Business Terms and Phrases Commercial Correspondence Commercial Composition Commercial Geography Counting House Routine Commercial History Elementary Law for Typists Commercial Law Foreign Correspondence Commercial Products Foreign Customs in Business Conveyancing French Geography German Handwriting History Hotel Book-keeping Household Law Income Tax Accounts Indexing and Precis Writing Legal Terms and Phrases Insurance Marine Law Insurance Accounts, etc. Mercantile Law Italian Correspondence Mercantile Letters Law Money, Exchange, & Banking Office Organisation Office Work Portuguese Correspondence Punctuation Salesmanship Secretarial Work Shorthand Spanish Terms and Phrases Typewriting Mention the subject in which you are specially interested, and address 3IB ISAAC PITMAN AND SONS, LTD., 1 AMEN CORNER, LONDON, E.G. "i^Oj^-^Of- This book is DUE on the last date stacap^sd helvfr l^4>^€ JAN 80 1931 ^ #■ 0^ '^ % ^■^■^m-J APR 11 ^933 k^^'^4 hm^^4 hmi^^4>'^^^ l<^^ ^^# b'^4^^^^^4^mii^'^c^^^^^4'^,^^^4>'^^^^'^^^4^^^'^' Uf c/Va IT C/Va ■^\:> « c-'v **j^ c/'vs n o'v ■*4*' e^v» v «>'\» ^^(^ c/^va r c^xj »;*' or ^ c^ -^ (?25 -life c© ^ oX r?^ ,a. ^Sf cAj "sas