The sun. [volume] (New York [N.Y.]) 1833-1916, 1901-12-22

Australia, that the bonds which now INIT,
them may be strengthened rather than
severed, and. by i~nsuring uniform interple.
tation Of the law throughout the Empire.
facilitate that unity OF action which will
lead to a real federation Of the Empire -
The Australian delegates In their rerlv
said that they were unable to understand
how the judicial Committee Of the British
Privy Council could, by ~insuring uniform
Interpretation OF the laws throughout tho
Empire, effect the result predicted. They
said that unity Of action" and uniform
Interpretation Of the law we're wholly
unrelated and certain to remain So" and
they added: The consciousness of kin
ship, the consciousness Of a common blood
and a common sense Of duty. the pride Of
their race and history, these are the link,
OF empire. bonds which attach, not bonds
which chafe. When the Australian fights
for the Empire he Ia inspired by these senti-
ments, but no patriotism was ever inspired
or sustained by the thought Of the Privy
We should mention further that
the Australians. In advocating the reten-
ton OF the clause making the Colonial
Supreme Court the final court OF appeals
in constitutional questions. used this argu-
ment: You a " deemed our statesmen
10 be capable Of framing our Constitution
and amending IL In the future. Surely our
Judges must be capable Of interpreting il.
Why should we refer questions which most
intimately concern ourselves 10 uhdt is
practically an English tribundi?- Aus
tralians," the delegates wrote, ARE not so
un-British as to admit that 100000 Of
them cannot properly conduct their own
affairs, or properly choose Judges who can
say. better than any authority elsewhere,
what those Australians mean in their Con-
stitution.' The question was settled by a
compromise. In cases arising as 10 tho
frontier line Of the powers Of the Com
monwealth and the States. or between
the several States, the High Court Of Aus
tralia is to have power to allow or to dis
allow appeals from it's own decisions to tho
Crown in Council.
Mr.. Holland does not hesitate 10 place
himself among those English writers on
Constitutional questions who frankly ac-
knowledge the inaoeqLacy Of the judicial
OF the Kings Privy Council TO
IT'S position and functions. 1T has not
he Say, be- n a court possessing the dis
tinction and status Of the Supreme Cctlr,
OF the United states. IL has no outward
glory. II has not always been a very
strong legal tribunal, especially when a
Simultaneous sitting Of the House Of Lords,
az a court, has drained it of some Of its
strength. But the real objection is, that
II II a tribunal in which the colonies have
had no direct share. Just as the United
hincuom Parliament is a Legislature which
does not Immediately represent them
The United Kingdom has it's own Supreme
Court OF Appeals in the House of Lords.
composed OF eminent lawyers, who have
risen to fame IN these islands. But. JLst
as The oHty comfortable Imperial Parliament
OF The Empire must be one equally outside
OF and cborc me British Parliament. as ueH
as outside and ADORE The Canadian and Au.-
trdidn PdTRdments. 70 no Supreme Court
which is practically an institution OF tho
| nited Kingdom can altogether satisfy
the colonies. In this RESI- ect also. In The
judicial sphere, as well as in the legIs!a-
i've, the course Of things must merge tho
met ropoliti,al country in the Umpire,
which her sons have created.
The words which we nave italicized bear
witness 10 a conclusion To which Mr.. Hol-
land, although originally a Unionist. has
been reluctantly but irresistibly impe..od
by his STUDIES of the measures likely TO
weld tue Brush Empire together. la other
words, he has come TO recognize that the
one practicable means OF consolidating
the Empire Is the adoption of the principe
uf home ume all round Our authors
conversion TO the principle will lie found
aVowed on pages l1-ls. Having Tecall,d
the fact that In the United kingGom itself,
three nations. in a respects distinct,
have been combined into "a single polif-
ical incorporation for all purposes, our
author proceeds To his confession. i NAV.
perhaps, be allowed To sav that the result
81 d !ons and close study Of the whole his
tory OF the United Kingdom has been ~
m, diiy 10 some extent views which /. like
other Inglishmen e conservative con
nc'tun, 'DG, ation and temperament, had
held. Lac country vas, 1 am
t.U 4 |If, II utuI advised m 70 iattInn A.
Gladsl,Le's proposals Of 1856 and 1898.
Dut A. seems 10 inr that a Measure 81 Con-
-ulutl,hal evolution N different Inns
IL becoming desirable. Nothing, 81 Cuurs-.
II more possible Than that ] may err N thI.
suInlse, and u may at any rate, be true
tuat tine particular IIDe oi aotton with which
| agruc l. not the b-si suited To the oar-
II H., however. IN acc ordnance with steps
whi'l have been successfully taken IA O.r
colonies and r.SeW here. Ia Its broau liz,
ana n haS bstn approved by men whOro
opiuiunS carried weight II seems To m.
~ 49, in accordance with reason. 10 d..
Justified hy hirfufy, ana correspond wit
he real ctistiug iacts 81 nature IN tho"
We suffer, II -eens 60 me a.
ur.snut. from q ul- ordanCe let ~ .en form.
iarts l. L. PROFESSIONALLY tu,
the primary mutfNo ui the Bnu.N
Constitution lac always b.en loCAl hberft
coupled With s"ni" participation "a no
rational 'uun'ilr On 10. larger scale tnl
.HNN"' 100 - VIZ ANAHh - ~ AN NNNf NhAl
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~ f.r tuplrr ls r~uussuusd. although tI.
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.e.tluu - "a" TOAD IL Any nation. =
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