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Thursday, 26 March 1931

Senator DALY (South Australia) . - I approach this subject from the same angle as did Senator McLachlan.

I have no desire to see the Senate do anything which would amount to a travesty of government. I hope that honorable senators will not be led away by what they may consider to be the real issues in this conflict, but that they will view it from the constitutional aspect, as is expected of the Senate. The Leader of the Opposition (Senator Pearce) first of all moved a certain resolution for the adjournment of the Senate. Then a certain document was called for and tabled. The motion now before the Senate does not expressly allege that that document is the regulation. It is very ingeniously worded to cover what might be a regulation, and what might be a disallowance of that regulation. As you said, sir, in that inimitable style for which you are noted when dealing with diplomatic problems, it is a matter for the courts of law to decide. I do not think that we should leave the law in a state of uncertainty. In urging the rejection of the motion of the Leader of the Opposition, I am not appealing to the Senate to do anything more than they and their colleagues appealed to this party to do when Labour was in Opposition. I refer to the occasion when an attempt was made to disallow Statutory Rule 273 of 1916, under the "War Precautions Act 1914-16. I invite honorable senators to compare the opinion that was then given by Senator Pearce on a matter similar to that now engaging our attention. The late Senator Givens was in the chair, and' the following is an extract from Hansard of 6th December, 1916 : -

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