New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-05-20
PART Ii.
FOURTEEN PAGES.
IMPERIAL UNITY.
COUNCII--THE AUSTRALIAN CONTRO-
vERSY-THE REFERENDUM AND
A con EENIENT COMPROMISE.
London MAY .

mouse the Archtdshops Of the English Church,
Ministers and administers Of the Grown and
go eminent men who are entitled 10 have their
letters addressed as the Right Honorable"
Membership in this Council is a coveted dis
-fnction a social decoration but the dignity
conferred does not involve. except in few in
stances any official responsibility The Privy
Council has not beenl summoned for a general
meeting for two cent uries Its powers have
been transmitted 10 tine Cabinet and TO other
bodies: Vet the framework OF the historic Coun-
ell remains. and practical use IS made OF it
whenever there is a necessity for some
a,acrriye or iudicia. agency not otherwise pro-
vided for N its corporate capacity the Privy
Council has not been cons plted for many gen
era-ions but its latent reserves OF authority
SURVIVE. and are drawn upon from time TO time
The Prfvv Council originally a small body
Of rovaI advisers inseparabIe from the Crown.
The sovereign consulted ii, allowed the members
70 express their opinions and did what he liked.
Gradually the great offices Of State were thrown
into commission. including that Of the Lord
High Treasurer. and after a long period Of gov
eminent by Court favorites and Ministerial
cabals the sovereign's personal direction of af-
fairs was discontinued The administrative
council, or Cabinet responsible 10 Parliament.
was the outgrowth Of the Prfvy Council Lord
Salisbury as Prime Minister has no.other posi-
ZION under British law and precedent than that
OF a member Of the Privy Council who has
nominated Ministers for the Crown insresponse
10 the Queens command. He and his Cabinet
associates govern England and the empire, but
legally they exercise the functions Of rthe Ex-
ecudve Committee Of the historic PriVy1 Council.
which the Queen has never consulted during her
long reign. Among the 80 members Of that
Council. whose names fill two pares Of the
handbooks OF the day not more than twenty
IT De q : W. =
three small groups have special functions to
perform. The remaining members merely figure
in the Official lists public men who,
ward for distinguished service, have received the
privilege Of being addressed as Right Honora-
BILE" The Privy Council remains. however, a
primary source of political power in a realm
where precedents and statutes take fireplace Of
q written constitution
What may be roughly described as the odd
jobs Of administration are turned over from time
10 time 10 committees Of the Council. The Board
OF Trade originally a committee Of the
Council The Local Government Board sprang
from another committee which was charged
under the Public Health act with supervision Of
sanitary administration. The national system
CT education is kept IN operation through another
committee OF the Council. Whenever English
cattle are TO be protected from contagious dis
ease or any other administrative function is 10
be created a committee Of the Privy Council is.
formed. In like manner judicial committees OF,
the Council, made up Of the Lord Chancellor,
The Lords OF Appeal and other authorities, rem
der decisions in ecclesiastical and ritual cases.
regulate Admiralty practice and exercise SD
preLne Jurisdiction in colonial cases The Privy
Council Itself has never authorized these trans
fers OF authority. It never meets in its corpo-
rate capacity. and these administrative and
judicial arrangements are ordered by the Cabt-
ver a1d vvt-7 oTrrf ire II
mains as the potential source Of authority for
every fresh emergency. Almost as old as the
ancient oak Of royalty, It is not useless trunk
without inherent vitality. for now and again
living shoots are grated upon the stock.
During the Queens Jubilee the eleven colonial
Premlers were honored with membership in the
Prtvy Council. They met twice IN the Colonial
Office under the presidency Of Mr.. Chamberlain.
himself q Privy Councillor, and discussed in
secret session various questions affecting the re-
larions Of the mother country and the colonies
IN effect this was committee Of the Council
for Imperial purposes; and there seemed to be e.
possibility OF making use OF the historic body
from which Cabinet government. administrative
progress and judicial reforms had been evolved
II working out the supreme end Of British
statesmanship-the solution Of the complex prob
lem Of Imperial Federation A battleship was
presented by Cape Colony 10 the Admiralty, and
Australian confederation had received power
fuI impulse. Otherwise there were no Immediate
results Of the Jubilee decorations for the Right
Honorable Colonial Premiers. The celebration
had been a sentimental reveI Of loyalty, which
had created an atmosphere for Imperial FEEDER
alton. No method Of colonial representation.
either in Parliament, Privy Council or other
wise. had been devised in justification Of taxa
ton for 2 union for Imperial defence; and the
rise Of new institutions Of a federated empire
had not been witnessed.
Australian confederation as time went on
struck the submerged rock Of the Privy Council.
The Commonwealth bill, or constitution. which
had been framed after many conferences and
compromises. contained in Clause "A a limitation
upon the appellate Jurisdiction Of the Privy
Council. This detail was discussed at the outset
by the Adelaide Convention. and the principle Of
appeal was abolished outright The Melbourne
Convention reconsidered the matter and restored
the right Of appeal subject 10 future limitations
which the Federal Parliament Of Australia might
impose This compromise does not veto an ap-
peal 10 the Privy Council, but limits the priv
lege 10 cases in which the public interests Of
other portions Of the Queens dominions are con-
ce-ne6- Nj Chanberlai in a courteous dis
patch 70 the Australian Premiers has intirnated
that this is equivalent 10 practical abolition of
appeal. and consequently involves an invasion Of
InDeriaI rights. The Australians have claimed
= Clause 81 Ju1- sdiction over external affairs
and especially over relations with the islands Of
the Pacific; and in Clause IA they have asserted
Independence OF the Privy Council IN all matters
relating 10 their own interests, limiting Imperial
control TO public questions affecting the empire
This controversy serves to illustrate the Pc