Page:History of West Australia.djvu/346

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294
WEST AUSTRALIA.


a vote should be given to miners and lodgers. Mr. Shenton referred regretfully to the state of the colony as affected by the constitutional agitation, and said that the suspense bad been injurious to trade, commercial enterprise, and to the investment of capital. He hoped that no amendments would be made that would jeopardise the speedy acceptance of the bill in England.

On 21st March the House went into Committee, and it was then that the difficulties of the situation became apparent. The measure had been drafted after a long series of despatches between Lord Knutsford and Governor Broome, and contained many features which were repugnant to the colony. Members believed that it would be dangerous to make drastic amendments, and they therefore agreed to certain clauses which they were really opposed to. The gift-horse was not to be looked into the mouth. Several amendments were, however, proposed, and some were carried. When the clause dealing with the property qualification of members was reached, Mr. Parker sought to strike out the words demanding a freehold of five hundred pounds, but he lost by fourteen votes to ten. He also moved to reduce the electoral qualification by one-half, but was defeated on the voices. Mr. Marmion succeeded in giving a vote to any person who, for one year before being registered, had occupied as a lodger a room or rooms or lodgings of the clear annum value, unfurnished, of £10. He also moved to give a vote to every man who for twelve months had paid 15s. per week for board and lodging, but was unsuccessful, and he met a similar fate when seeking to give a vote to holders of miners' rights who had lived in any district for twelve months. A clause, providing that the Assembly should be elected for five years was amended to read four years. The proposed Aborigines Board gave rise to a long discussion, and met with considerable opposition, but so as not to imperil the whole bill, no amendment was made.

The inconclusive clause dealing with the lands of the colony was more trenchantly debated than any other. Members desired that they should have some definite provision instead of leaving all to trust, and to the views of the Colonial Office. Several of them believed it futile to embrace Responsible Government without the management of the lands. Mr. Burt proposed that the entire management and control of the waste lands belonging to the Crown in the South-west, Eucla, and Eastern divisions should be vested in the Legislature of the colony. Mr. Shenton moved an amendment that the colony should have control of all the land south of the Tropic of Capricorn. Sir Malcolm Fraser objected to the amendment because the progress of the bill would be delayed. Sir James Lee-Steere objected on the ground that the amendment mentioned an exact boundary, which would suggest to Lord Knutsford that Western Australians would be satisfied with the control of only one part of the colony. He thought it better to make no reference to boundaries. Mr. Shenton's amendment was eventually carried on the voices. In the consideration of the Civil List, reductions were made in the salaries of the Governor (from £4,000 to £3,000), the Chief Justice, the puisne judge, and the clerk of the Executive Council, so as to save £1,450. The divisions in every case showed the elective members in opposition to the unofficial and official members. Reductions to save £50 were made in the schedule giving pensions to the members of the Executive Council who would lose their positions by the inauguration of Responsible Government.

On 3rd April the House reconsidered the bill in Committee, and minor alterations were made. The third reading was carried on 5th April. Governor Broome telegraphed to England concerning the various amendments. Lord Knutsford immediately replied, accepting only those reducing the duration of the Legislative Assembly to four years, and giving lodgers the franchise. In other words, he refused all the important claims preferred by the Legislative Council. On 13th April Governor Broome again referred the measure to the Council, when members adhered to their determination with respect to the lands and the Civil List. At this point the position became strained, and there was the danger of a deadlock eventuating. Governor Broome cabled Lord Knutsford, who on 15th April wired, asking if the Legislature would accept the complete control of all lands south of the 26th degree of latitude. Next day he again wired, persisting in his attitude regarding land control and the salaries and pensions, at the same time advising, in order to enable the Constitution Bill to go before the Imperial Parliament in that year, that the points at issue be settled before the Council was prorogued.

Again the Governor returned the bill to members, and be stated that the colony would gain much more than it would lose by accepting Lord Knutsford's views. He suggested that the words, "26th degree of south latitude," be substituted for "Tropic of Capricorn." Mr. Parker considered if the colony were certain of obtaining control of the waste lands south of parallel 26, that it would not be needful to offer any strenuous opposition to the Civil List as it stood originally. He would give way on the latter point, and adhere firmly to the land question, so as to let the Secretary for the Colonies clearly understand that the House was not prepared to accept Responsible Government unless the sole control of the land south of parallel 26 was vested in the Legislature. Lord Knutsord first proposed to vest the lands in the Legislature by an Act of Parliament; then he promised to delegate to Parliament his powers over the lands by regulation, as provided in statutes 18 and 19.

Members accepted Mr. Parker's view, and adjourned to permit the Governor to communicate with Lord Knutsford. On 23rd April a reply was received substantially engaging that a clause would be inserted in the Enabling Bill, giving the Legislature full control over the lands south of the 26th parallel. Members were satisfied with this undertaking; they struck out their amendment dealing with the land question and the Civil List, and on 26th April the Constitution Bill left the Legislative Council for the last time. On 28th April the House adopted a memorial to the Secretary of State, taking exception to certain items on the Civil List as being larger in proportion to the means of the colony than corresponding amounts exacted from the Eastern colonies when they were accorded Responsible Government. The memorialists stated, however, that they were willing to give way rather than imperil the early passage of the bill. In the matter of the Upper House they and the colony at large were strongly in favour of election, but they were agreeable to accept the compromise. They declared that they had with great reluctance given way on the point of the management of lands north of the 26th parallel. Then, they continued, "From the foregoing your Lordship will see how much, and how greatly against their own inclinations and those of the country, your memorialists have differed to your wishes. They have done so solely with a view of putting an end as speedily possible to a transition period, the attendant circumstances of which are causing serious injury to Western Australia, and any prolongation of which might be followed with disastrous results." Finally, they were assured that the Secretary for the Colonies would use all the weight of his influence towards promoting the acceptance of the bill by the Imperial Parliament during the current session.

The Constitution met with a stormy reception in England. After supervision in the Colonial Office, it passed the House of Lords without difficulty, but the Commons showed slight inclination to consider it. Both Liberals and Conservatives evinced a peculiar