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Thursday, 3 March 1927


Senator KINGSMILL (Western Australia) . - There does not appear, from the reply given by the Minister (Senator Glasgow), to be very much in the point raised by our learned brother - how learned I did not realize until I heard those Latin phrases come so trippingly, from his tongue. And more especially was I impressed when he gave a translation which, with all modesty, he attributed to the -writer of the book from which he quoted. Apart from this ordinance, but still having some bearing on the issue, there is a matter upon which I may have been misinformed, although I do not think so, which is worthy of the attention of one of the legal members of the Government. I understand that the legislation of New South Wales in some respects was applied to the Federal Territory by the Seat of Government Administration Act, and if my information ja correct, while the existing State law up to 1910 was and still is applicable to the Territory, all amendments, which have since ' been made to that law, are not so applicable. If that be the case it may give rise to a very anomalous position. Even the honorable senator who has moved this disallowance motion must see now-


Senator Sir Henry Barwell - That it is a mare's nest.


Senator KINGSMILL - It is obviously of the most equine description; but he may turn his attention to the point which I have just raised. It must be fairly obvious to him that no dastardly attempt is being made to destroy that bulwark of the British subject, trial by jury, about which a very great deal is said and written that is not quite compatible with the results we see, and continue to see, in everincreasing quantities, even in criminal cases in these later days. But leaving out of review altogether the virtues or demerits of trial by jury, it must be clear to the honorable senator that this is not an attempt to infringe any one's liberty in that respect.


Senator Grant - Of course, it is.


Senator KINGSMILL - I should not expect the honorable senator to say anything else.


Senator Sir Henry Barwell - The honorable senator clearly thought that it referred to criminal matters; otherwise he would not have spoken of the liberty of the subject.


Senator KINGSMILL - I am certain that the honorable senator rushed into this matter altogether forgetting the existence of that little word " civil " in the ordinance which he wishes to disallow.


Senator Grant - I certainly did not. I looked at it most carefully.


Senator KINGSMILL - I am bound to accept the honorable senator's assurance, and all I can say is that his explanation surprises me. However, if what I have said in regard to the application of the laws of the State of New South Wales until 1910, and the non-application of any subsequent amendment of those laws be correct-


Senator Sir William Glasgow - It is correct.


Senator KINGSMILL - Then it is a position which may give rise to a great deal of trouble. I do not intend to support the motion.







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