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SJ No 1 - 09 May 1901



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COMMONWEALTH OF AUSTRALIA.

No. 1.

JOURNALS OF T H E SEN ATE.

THURSDAY, 9th MAY, 1901.

T h e P a r l i a m e n t o e t h e C o m m o n w e a l t h o f A u s t r a l i a , begun and held at the

City of Melbourne, at the Exhibition Building, and thereafter at the Parliament Buildings, on Thursday, the ninth day of May, in the first year of the reign of His Majesty King Edward the Seventh, and in the year of our Lord One thousand nine hundred and one.

1. On which day, being the first day of the meeting of this Parliament for the despatch of business, pursuant to a Proclamation published in the Commonwealth of Australia Gazette of Tuesday, 30th April last, Edwin Gordon Blackmore, Esquire, C.M.G., Clerk of the Parliaments, and Charles Gavan Duffy, Esquire, Clerk-Assistant, attending in the said place, and the other clerks attending according to their duty, and a list of names of the Members returned to serve in the Senate in this Parliament having been delivered to the said Edwin Gordon Blackmore, And the Members having repaired to their seats— Then the aforesaid Proclamation was read by the Clerk, as follows:—

PROCLAMATION

Australia to wit. By His Excellency the Right Honorable the Earl of H opetoun, a Member of His

Majesty’s Most Honorable Privy Council; Knight of the Most Ancient and Most hopetoun. Noble Order of the Thistle; Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George; Knight Grand Cross of the Royal Victorian Order; Governor-General and Commander-in-Chief of the Common­

wealth of Australia.

W hereas by The Commonwealth of Australia Constitution Act it is amongst other things enacted that the Governor-General may appoint such times for holding the Sessions of the Parliament as he thinks fit: And whereas by the said Act it is further enacted that the Parliament shall sit at Melbourne until it meet at the seat of Government: And whereas it is expedient now to appoint

the time for holding the first Session of the Parliament of the Commonwealth: Now therefore I, John Adrian Louis, Earl of Hopetoun, the Governor-General aforesaid, in exercise of the power conferred by the said Act, do by this my Proclamation appoint Thursday, the ninth day of May instant, as the day for the said Parliament to assemble and be liolden for the despatch of divers urgent and important affairs. And all Senators and Members of the House of Representatives, and all Officers of the said Parliament, are hereby required to give their attendance accordingly at Melbourne, in the Building known as the Exhibition Building, at the hour of Twelve o’clock noon, on the said Thursday, the ninth day of May, One thousand nine hundred and one.

Given at Melbourne this twenty-ninth day of April, in the year of our Lord One thousand nine hundred and one, and in the first year of His Majesty’s reign.

By His Excellency’s command, EDMUND BARTON.

God save the K ing !

2. A pproach of the Commissioner of H is M ajesty.— The approach of the Commissioner of His Most Gracious Majesty King Edward the Seventh was announced by the Usher of the Black Rod. His Royal Highness the Duke of Cornwall and York, the Commissioner of His Most Gracious Majesty, accompanied by His Excellency the Right Honorable the Earl of Hopetoun, Governor-

General of the Commonwealth of Australia, having entered, he directed the Usher of the Black Rod to desire the immediate attendance of the Members of the House of Representatives to hear the commission read for the commencement and holding of this Parliament. Who, being come, PRAYERS were read.

And then the following Letters Patent were read by the Clerk of the Parliaments :—

COMMONWEALTH OF AUSTRALIA.

Commission empowering His Royal Highness the Duke of Cornwall and York, K.G., K.T., K.P., G.C.V.O., to open the First Parliament of the Commonwealth of Australia.

EDWARD THE SEVENTH, by the Grace of God of the United Kingdom of Dated Great Britain and Ireland King, Defender of the Faith, Emperor of India : 23rd February, To our right trusty and right well beloved Cousin and Councillor John 1901. Adrian Louis, Earl of Hopetoun, Knight of our Most Ancient and Most

Noble Order of the Thistle, Knight Grand Cross of our Most Distinguished Order of Saint Michael and Saint George, Knight Grand Cross of our Royal Victorian Order, Governor-General and Commander-in-Chief in and over our Commonwealth of Australia, and to our trusty and well beloved the Senators, Representatives, and people of our Commonwealth of Australia, Greeting : W hereas in pursuance of the Act passed in the sixty-fourth year of the reign of Her late Majesty Queen Victoria, intituled “ An Act to constitute the Commonwealth of Australia,” the Parliament of the said Commonwealth has been summoned to meet for certain arduous and urgent affairs concerning us, the state, and defence of our said Commonwealth at the City of Melbourne:

And whereas we are desirous of marking the importance of the opening of the First Parliament of the said Commonwealth of Australia, and of showing our special interest in the welfare of our loyal subjects therein, and forasmuch as for certain causes we cannot conveniently be present in our Royal Person in our said Parliament at Melbourne: Now know ye that we trusting in the discretion, fidelity, and care of our most dear son and faithful Councillor George Frederick Ernest Albert, Duke of Cornwall and York, Knight of our Most Noble Order of the Garter, Knight of our Most Ancient and Most Noble Order of the Thistle, Knight of our Most Illustrious Order of Saint Patrick, Knight Grand Cross of our Royal Victorian Order, by the advice of our Council, do give and grant by the tenor of these presents unto the said George Frederick Ernest Albert, Duke of Cornwall and York, full power in our name to begin and hold the First Parliament of our said Commonwealth of Australia and to open and declare and cause to be opened and declared the causes of holding the same, and to do everything which for us and by us shall be therein to be done : Willing that our said son shall hereby carry to our said Parliament and people our Royal message of good-will and assurance of our earnest prayer for the blessing of Almighty God on the union of our dominions in Australia in one Federal Commonwealth under the Crown of the United Kingdom of Great Britain and Ireland : Commanding also by the tenor of these presents, with the assent of our said Council, as well all and every the said Governor-General, Senators, and Representatives of our Commonwealth of Australia as all others whom it concerns to meet in our said Parliament that to the same George Frederick Ernest Albert, Duke of Cornwall and York, they diligently intend in the premises in the form aforesaid :

And we do further direct and enjoin that these our Letters Patent shall be read and pro­ claimed at such place or places as our said Governor-General and Commander-in-Chief shall think fit within our said Commonwealth of Australia.

In witness whereof we have caused these our letters to be made patent.

Witness ourself at Westminster, the twenty-third day of February, in the first year of our reign. By the King himself, Signed with his own hand.

M uir M ackenzie.

EDWARD R. & I.

3. M essage from H is M ajesty.—His Royal Highness the Duke of Cornwall and York then addressed to both Houses of Parliament the following speech, declaring the message of His Most Gracious Majesty the King :—

Gentlemen of the Senate and Gentlemen of the H ouse of R epresentatives :

My beloved and deeply-lamented grandmother, Queen Victoria, had desired to mark the importance of the opening of this the First Parliament of the Commonwealth of Australia, and to manifest her special interest in all that concerns the welfare of her loyal subjects in Australia, by granting to me a special commission to open the first session.

That commission had been duly signed before the sad event which has plunged the whole Empire into mourning, and the King, my dear father, fully sharing Her late Majesty’s wishes, decided to give effect to them, although His Majesty stated, on the occasion of his opening his first Parliament, that a separation from his son at such a time could not be otherwise than deeply painful to him.

His Majesty has been pleased to consent to this separation, moved by his sense of the loyalty and devotion which prompted the generous aid afforded by all the colonies in the South African War, both in its earlier and more recent stages, and of the splendid bravery of the colonial troops. I t is also His Majesty’s wish to acknowledge the readiness with which the ships of the special Australasian Squadron were placed at his disposal for service in China, and the valuable assistance rendered there by the Naval Contingents of the several colonies.

His Majesty further desired in this way to testify to his heartfelt gratitude for the warm sympathy extended by every part of his dominions to himself and his family in the irreparable loss they have sustained by the death of his beloved mother.

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His Majesty has watched with the deepest interest the social and material progress made by his people in Australia, and has seen with thankfulness and heartfelt satisfaction the comple­ tion of that political union of which this Parliament is the embodiment.

The King is satisfied that the wisdom and patriotism which have characterized the exercise of the wide powers of self-government hitherto enjoyed by the colonies will continue to be dis­ played in the exercise of the still wider powers with which the united Commonwealth has been endowed. His Majesty feels assured that the enjoyment of these powers will, if possible, enhance

that loyalty and devotion to His Throne and Empire of which the people of Australia have already given such signal proofs. I t is His Majesty's earnest prayer that this union so happily achieved may, under God’s blessing, prove an instrument for still further promoting the welfare and advancement of His Subjects in Australia, and for the strengthening and consolidation of His Empire.

Gentlemen of the Senate and Gentlemen of the H ouse of R epresentatives :

I t affords me much pleasure to convey to you this message from His Majesty. I now, in His name and on His behalf, declare this Parliament open.

4. D irection to S wear and E lect to Chair.—His Excellency the Right Honorable the Earl of Hopetoun, Governor-General of the Commonwealth, then addressed both Houses to the following effect:—-Gentlemen of the S enate, Gentlemen of th e H ouse of R epresentatives :

I am desired by His Royal Highness to acquaint you that so soon as the Members of your Houses shall be sworn, and a President of the Senate and a Speaker of the House of Repre­ sentatives shall be chosen, I will declare to you the causes of this Parliament being called. The Members of the Senate and the Members of the House of Representatives will therefore now make and subscribe before me, the Governor-General, the Oath or Affirmation of Allegiance, as by the Constitution Act provided, which will bo administered by me.

And thereupon all the Members of the Senate then made and subscribed the Oath of Allegiance as provided under the Commonwealth o f Australia Constitution Act, with the exception of Senator Sir J. H. Symon and Senator Walker, who made and subscribed the Affirmation as provided in the aforesaid Act.

5. E lections to Chair.—And thereupon His Excellency the Governor-General further addressed both Houses to the following effect:— Gentlemen of the Senate, Gentlemen of the H ouse of R epresentatives :

I t being necessary that a President of the Senate and a Speaker of the House of Represen­ tatives should be first chosen, you will repair to the places where you are to sit, where you, Gentlemen of the Senate, will proceed to choose some proper person to be your President, and you, Gentlemen of the House of Representatives, will proceed to choose some proper person to be your

Speaker, and thereafter you respectively will present such persons for my approval at such time and place as I shall hereafter appoint.

6. Cablegram from H is M ajesty.— His Royal Highness the Duke of Cornwall and York announced the following cable message from His Majesty King Edward the Seventh, which he read:— My thoughts are with you in to-day’s important ceremony. Most fervently do I wish Australia prosperity and happiness.

7. R etirement.—His Royal Highness the Duke of Cornwall and York and His Excellency the Governor-General retired, and both Houses repaired to Parliament Houses.

IN THE SENATE CHAMBER, PARLIAMENT HOUSES.

S. S uspension of Sitting.—Senator O’Connor moved, That the sitting of the Senate be suspended until half-past two of the clock. Question put and passed.

9. R esumption of S enate.—A t half-past two of the clock the sitting of the Senate was resumed.

10. E lection of P resident.—Senator O’Connor, addressing the Clerk of the Parliaments by name (who standing up pointed to him and then sat down), reminded the Senate that the time had now come when it was necessary for the Senate to choose some member to be the President of the Senate. Senator O'Connor thereupon moved, That if no more than two candidates are proposed, the House of

Commons practice be adopted ; that if more than two candidates are proposed, the Senate proceed to ballot; that all candidates except the two highest on the first ballot drop o u t; that if on the first ballot any candidate has an absolute majority of the votes given, he shall be declared elected President; but if no candidate has such absolute majority, a second ballot be then taken, and that the candidate then obtaining the highest number of votes be declared elected President. And after debate, Motion, by leave, withdrawn. Senator O’Connor moved, “ T h at” the election be by ballot. If, on the first ballot, any candidate has

an absolute majority of the votes given he shall be declared elected President; if, on such first ballot, no candidate have such absolute majority all candidates except the two highest on the first ballot drop out, and a second ballot shall then be taken between the two candidates so left, and the candidate obtaining the majority on the second ballot shall be declared elected President. Senator Dawson moved an amendment, viz., to leave out all the words after “ That,” and to add

“ the election be by open voting.” Debate ensued. Question—That the words proposed to be left out stand part of the question—put.

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The Senate divided.

Ayes, 33.

Sir 11. C. Baker Mr. Best Lieut.-Col. Cameron Mr. Charleston

Clemons Dobson

Sir J, W. Downer Mr. Drake Ewing Ferguson

Fraser

Major Gould Mr. Harney Macfarlane Millen

Lieut.-Col. Neild Mr. Playford Pulsford Lieut.-Col. Sir F. T. Sargood Mr. Styles

Walker

Sir W. A. Zeal.

Teller.

Mr. O’Connor.

And so it was resolved in the affirmative. Main question put and passed. Senator Fraser, addressing the Clerk by name (who standing up pointed to him and then sat down), proposed that Senator Sir W. A. Zeal do take the Chair of this Senate as President, which

motion was seconded by Senator Best. Senator Sir J. H. Symon, addressing the Clerk by name (who standing up pointed to him and then sat down), proposed that Senator Sir F. T. Sargood do take the Chair of this Senate as President, which motion was seconded by Senator Smith. Senator Walker, addressing the Clerk by name (who standing up pointed to him and then sat down),

proposed that Senator Sir B. C. Baker do take the Chair of this Senate as President, which motion was seconded by Senator Sir J. W. Downer. And thereupon the Senate proceeded to ballot, and the ballot being concluded the Clerk reported the result as follows :—

Senator Sir 11. C. Baker ... ... 21 votes, being an absolute majority

Senator Sir F. T. Sargood ... ... 12 votes

Senator Sir W. A. Zeal ... ... 3 votes.

And thereupon Sir R. C. Baker was declared elected President. And thereupon Sir R. C. Baker stood up in his place and expressed his sense of the honour proposed to be conferred on him, and submitted himself to the Senate. Being again called to the Chair, he was taken out of his place by Senator Walker and Senator Sir

John Downer, and by them conducted to the Chair ; and thereupon the President elect, standing on the upper step, returned his humble acknowledgments to the Senate for the great honour they had been pleased to confer upon him ; and thereupon he sat down in the Chair, and received the congratulations of Members. Senator O’Connor acquainted the Senate that His Excellency the Governor-General had appointed

the hour of four o’clock, at the Executive Council Office, to receive the President elect. Ordered—That the sitting of the Senate be suspended until four o’clock. A t four o’clock the Senate resumed its sitting and proceeded to the place appointed where the President notified his election to the Chair, and claimed the usual privileges for the Senate. On returning to the Senate the President reported that the Senate had waited on His Excellency,

when His Excellency had offered his congratulations on the choice made, and had confirmed the usual rights and privileges. The President then repeated his most respectful acknowledgments to the Senate for the high honour they had done him and took the Chair.

11. N ext M eeting of S enate.— Ordered—That the Senate at its rising adjourn until eleven of the forenoon to-morrow.

12. A djournment.—The Senate adjourned at twelve minutes past four of the clock until to-morrow at eleven.

Noes, 13.

Mr. Barrett De Largie Glassey Higgs Keating Matheson McGregor O’Keefe Pearce Smith Stewart Sir J. H. Symon.

Teller.

Mr Dawson.

Printed and Published for the Government of the Commonwealth of Australia by Robt. S. Brain, Government Printer for the State of Victoria.