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Thursday, 23 August 1906

Senator MULCAHY - The honorable senator distinctly used the word " anomaly."

Senator Best - "Anomaly" not "ridiculous anomaly."

Senator MULCAHY - It is our duty in legislating to act, not only in accordance with the letter, but also with the spirit of the Constitution. . What was intended by the constitutional provision in question can be_ ascertained from the debates that took place. Having heard honorable senators on each side, I was very much impressed by the arguments of Senator Symon and1 Senator Drake. But since then, I havehad an opportunity to converse on this subject with two well known members of the legal profession, who are members of another place. One is a staunch supporter of the Government, and the other, although not a Government supporter,' is recognised as an able lawyer. Both these gentlemen are strongly of opinion that if we pass thisclause it will be ultra vires. Surely that should make us pause. The point is a verv important one, and if it goes to a vote- I shall have to support Senator Drake.

Senator Playford - We cannot tell whether it is ultra vires until it goes before the High Court.

Senator MULCAHY - Surely we should try to find out, and not make ourselves ridiculous ?

Senator Playford - Both the AttorneyGeneral and Senator Best assure us that the clause is right.

Senator MULCAHY - Senator Keatingyesterday declared that we even had the power with regard to marriage to pass legislation making it unlawful for the wife and husband to carry on two different businesses.

Senator Keating - I did not declare anything of the kind. If the honorable senator's appreciation of Senator Best's argument is as clear as his appreciation cf my point, he does not do it much justice.

S'enator MULCAHY. - I am speaking from recollection.

Senator Keating - What I said was that we had full power to regulate the conditions as to marriage.

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