The sun. [volume] (New York [N.Y.]) 1833-1916, 1901-12-29

Bremen and Hamburg. i but tBB hSt-nhinSu
federation. instructive as II ID. deals with
conditions too dissimilar from those OF
Australia to furnish many @precedents In
point In a footnote Mr.. Bryce recognizes
that the Constitution OF the Austro-Hun-
garian realm II a sort OF double federation
but It Is pronounced too peculiar to serve
as an example to other peoples proposing
TO federalize. 1t was the Constitution OF
tho United States and of Canada which
tho Australians studied most carefully
and IL Is those systems, together with the
federal organic law of Switzerland that are
compared in detail by our author with the
Australian scheme.
II is well known that the Senate OF the
Australian Commonwealth Is modelled
Upon that of the United States In certain
cardinal particulars. namely, the Senators
are not to be appointed, but elected. and
the equal representation OF the ak original
States in the Senate is always 20 be main
tanned. In both bodies. moreover, Sena-
tors sit for six years and do not all retire
at the same time. There are, however, re-
markable variations in the Australian
scheme. Six OF these are noted by Mr..
Bryce on pages 421-i22. Thus In the United
States each newly created State receives
as n matter Of right it's two Senator's IN
Australia. on the other hand, the
wealth may allot such number as 1t thinks
fl. Again, in the United States one-third
Of tho Senate retircs every two years; IN
Australia one-half retires every three
years. In the United States the President
of the Senate il the Vice President OF the
United States, who is chosen practically
by the people, though formally by a BODY
q NJ a. r.. akaN rims N
Australia the Senate chooses its own Presi-
dent. We note next that in the United
| States a quorum of the Senate is one more
than a half Of the total lumber; IN Aus
tralia il is onc-third of the total number.
Another point of great interest Is that IN
the United States the Legislatures of the
| several States elect the Senators, whereas
in Australia the Senators are elected by
the people Of the States. The Constitution
provides that in the first instance Senators
are to be elected in each State by the people
voting as one electorate. hut this method
NAV be altered TO one of district elections
by the Parliament Of the Commonwealth.
or. If it fail to take any action on tho sub
iect, by the Parlio ment Of a State. We
observe. finally, that in the United States
the Senate is an undying body, perpet-
uall FtneNt1 DN lrt-n tl'CNlons, "
losing more than one-third Of It's members
at any ono time. In Australia. on the
other hand. the Senate may be dissolved
In case n deadlock should arise between IL
and The House Of Representatives.
The Australian scheme also DIVORCES
from both the Canadian and the Ameri-
can models in the matter OF the Judiciary.
Tho Australians have established a Federal
Supreme Court to he called the High
Court of Australia" and have taken power
for their Parliament to create other Fed
eral courts. So far they have followed
the United States precedent. They have.
however, given power to the Common
wealth Parliament to invest State courts
with Federal jurisdiction, thereby allowing
these courts to he. as in Canada, both State
and Federal. They have also allowed an
appeal from all State courts TO the Federal
High Court. BY this plan the States are
more directly connected with the National
Government and subordinated to IL than
they are in the United States.
Other differences from the United States
Constitution will he found indicated on
pages 40 and AL. In the first place, the
Australian Constitution il a longer instru-
ment than ours, and goes into much fuller
| detail on many topics. II leaves less power
to the States and gives more power 10 the
Commonwealth; and it enables the Com
monwealth Parliament 10 lcgislate for a
State upon the States request, "A thing
which lies quite outside the functions of
! Congress. II contains hardly any re-
strictions in the nature 81 a Bill of Rights"
upon the power 81 the Federal Legisla-
lure over the individual citizens. Instead
Of disjuiuing Legislature and Executive,
Il uLites them closely 10y the system OF
r-spDn-ible or Cabinet Government, and
far from excluding every official from Con-
gress, il makes "A seat Ia Parliament a con-
dltion Of Ministerial Office. IL vests the
1 choice Of the head Of the Executive not
In the people. hut IN an external authority.
tho British Crown. To be- sure. this head
h. nominal. and not Responsible, either 20
tie people or 90 the Legislature. the
per.on really iuvested vita executive
power under the Australian syrtem L. tho
rume Minister Again, the Australian
Constitution giye- a. ths Executive 40 such
veto On lrgi-latiun A. th" President has
in 40. luit"d State The nominal veto
pDVtr ~ tho Governor General aud the
crown 10 q very Different thing from a prrsl-
daut'- veto power and % u rarely employed
Finally. t4r Australian rrhriu" ulthrn the
amrnamont oi tlp Constitution o much
lrss todluus ard dif.l.. ,tYo'ss than has
4. b. i]lllINri m thn iutoi ntais- lu
g,uriaI. u.'u, % u.ay h. sald that 90 ''m.
Iaf,d vuA tAH Am,urau 'uur.fuuuu
tlr ufguItr las - tao Australian Conn
muuA,a.ul krHts muru paNof m thr NJ
ruual nutruhnruf ~ aEaIuri ul" hiaIs
Is,rmmaDfs. and tiHt a. i~ivufu uls
,ausus departments ~ tLr u-aIsfal hs,.
sulilrIt uaI 81 Duuuvutfaiss pssui upufr
falls u tlr hah4s 81 ths lsE.rlatsfs and Hu
IrHH irsH naifHHtHua plsHh ~ aftfH
"a. i.fn ia us dlhrisH sitI I.aHs
Co., A4niIal.sn rifiH. sa iaI u.m us
taUaI.sH a. nsH If AUsHaaH rf.Ifm
d. lI4u.an I. u.@ sisI sr i,st, aiiHaal
~tr.U|.i .H sHI irIasH I tl hu.str aid
HH lI IsiF sf H.af HHIr Geo. t.iHatf
OIL. aIsIaH IrIu fH IIr IIIHf Is
tHsHss#H ~ uI stssI tH.iHf
tH b. isfuH.. ia bal -
Coco NJ. aiaH N.H i. I. tnl.Ia|
". OIL" 49, aaH t HfNI a.
ai.s u. nIsHf i-.HaasIFHH 81
ED . N ta m H.fIH ttaH 81.