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SJ No 65 - 11 October 1901



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COMMONWEALTH OF A U S T R A L IA

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No. 65.

JOURNALS OF THE SENATE.

FR ID A Y , 11th OCTOBER, 1901.

1. M eeting of the Senate.—The Senate met pursuant to adjournment.

2. PRAYERS.

3. A djournment to D ebate M atter of I mportance.—Senator Higgs, without notice, moved, That the Senate at its rising adjourn till twenty-five minutes past two p.m. on Wednesday next. Debate ensued. Motion, by leave, withdrawn.

4. P ost and T elegraph B ill. The Postmaster-General, on the p a rt of the Committee appointed on 10th October, brought up reasons for disagreeing to amendments Nos. 6, 58, 59, 62, and 87 to 89 of the House of Representatives in the Post and Telegraph Bill. Reasons read and adopted as follows :—■

R easons of the S enate for D isagreeing to C ertain A mendments of the H ouse of R epresentatives. .

As to amendment No. 6 :— Because the definition is not considered necessary. As to amendments Nos. 58 and 59 :— Because the expense of working an underground system of telephonic communication will be

greatly and unnecessarily increased if the Department is not permitted to carry wires through private buildings. As to amendment No 62 Because an aerial system of telephonic communication requires that power should be given to

lop encroaching trees, and the Department should be indemnified for any reasonable action taken to insure the proper working of telephone lines.

As to amendments Nos. 87, 88, and 89 :— Because the importance of maintaining a telegraphic system inviolate is so great that no person interrupting communication by cutting or breaking wires or otherwise should be excused on the ground that he did not act unlawfully or maliciously.

5. P aper.—The following Paper was laid upon the Table by the Postmaster-General, viz.:— By Command—■ Regulations under the Customs Act 1901.

6. P ublic Service B ill.—The Senate, according to Order, resolved itself into a Committee for the further consideration of the Public Service Bill.

In the Committee,

Clause 5 further considered. Amendment, by leave, withdrawn. Senator De Largie moved an amendment, viz., in page 3, to leave out sub-clause (2). To report progress. The President resumed the Chair ; and Senator Best, from the Committee, reported that the Com­

mittee had further considered the Bill, and had made progress, and asked leave to sit again. Ordered—That the Committee have leave to sit again on Wednesday next.

7. M essage from the H ouse of R epresentatives.—The following Message from the House of Repre­ sentatives was received and read :—

M r. P resident— ' Message No. 31.

The House of Representatives transmits to the Senate a Bill intituled “ An Act to grant and apply out of the Consolidated Revenue Fund the sum of Nine hundred and twenty-eight thousand three hundred and twenty-two pounds to the service of the year ending the thirtieth day of June One thousand nine hundred and two,” with which it desires the concurrence of the Senate.

F. W. HOLDER,

House of Representatives, Speaker.

Melbourne, 11th October, 1901.

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8. S upply B ill (N o. 4).—The Vice-President of the Executive Council moved, That the Supply Bill (No. 4) be now read a first time. Question—put and passed. Bill read a first time.

9. Suspension· of Standing Orders.—The Vice-President of the Executive Council, pursuant to con­ tingent notice of motion, moved, That so much of the Standing Orders be suspended as would prevent the Supply Bill (No. 4) from passing through all its remaining stages during the same sitting of the Senate. Question—put and passed.

10. Suspension of Sitting.— At forty m inutes past tw elve p.m. th e sittin g of th e Senate was .suspended until two p.m.

11. R esumption of S itting.—At two p.m. the sitting of the Senate was resumed.

12. Supply B ill (N o. 4).—The Vice-President of the Executive Council, according to Order, moved, That the Supply Bill (No. 4) be now read a second time. Question—put and passed. Bill read a second time. The Senate, according to Order, resolved itself into a Committee for the consideration of the Bill.

In the Committee,

Clauses 1-3 agreed to. Schedule—Divisions I.-V III. agreed to. Title agreed to. Bill· to be reported without amendment. The President resumed the Chair; and Senator Best, from the Committee, reported that the Com­

mittee had considered the Bill, and had agreed to the same without amendment. Whereupon the Senate adopted such Report. The Vice-President of the Executive Council moved, That the Bill be now read a third time. Question-—put and passed. Bill read a third time and passed.

13. Suspension of Sitting.—A t forty-five minutes past two p.m. the sitting of the Senate was suspended until fifteen minutes past three p.m.

14. R esumption of S itting.—A t fifteen minutes past three p.m. the sitting of the Senate was resumed, further suspended, and resumed at fifty-five minutes past three p.m.

15. T asmania and Australia Steam-s iiip Communication—Select Committee.—On the Order of the Day being read for the adjourned debate on the question—That the Tasmania and Australia Steam-ship Communication Select Committee have power to adjourn its sittings from place to place. Senator Pearce moved an amendment, viz., to add at the end, “ at any time between to-day and

Tuesday, the 22nd October instant, and to sit during any adjournment of the Senate.” Question—That the words proposed to be added be added—put and passed. Question, as amended, put and passed.

16. N ext M eeting of S enate.—The Vice-President of the Executive Council, by leave of the Senate, without notice, moved, That the Senate, at its rising, do adjourn till half-past two p.m; on Wednesday, 23rd October. Question—put and passed.

17. E lections and Qualifications Committee— Second R eport.—Senator Sir J. W. Downer, Chairman of the Elections and Qualifications Committee, brought up a Second Report in the matter of the Petition of Henry John Saunders against the return of Alexander Percival Matheson, together with the Minutes of the Proceedings of the Committee and Evidence. Ordered to be printed and considered by the Senate on 23rd October.

18. Message from the H ouse o f R epresentatives.—The following Message from the House of Repre­ sentatives was received and read :— M r P resident, · Message Mo. 32.

The House of Representatives returns to the Senate the Bill intituled “ An Act relating to the Postal and Telegraphic Services of the Commonwealth,” and acquaints the Senate that the House of Representatives has agreed to the amendments made by the Senate to the amendments of the House of Representatives Nos. 2, 8, 13, 50, 66, 69, 71, and 75; that it has disagreed to the amendments made by the Senate to amendments Nos. 16, 19, and 20 for the reason assigned herewith ; that it does not insist on amendments Nos. 58, 59, 62, 87, 88, and 89, to which the

Senate has disagreed, and does insist on amendment No. 6. Γ. W. HOLDER, -

House of Representatives, Speaker.

Melbourne, 11th October, 1901.

Schedule of the A mendments of the H ouse of R epresentatives A greed to by the S enate with A mendments to which the H ouse of R epresentatives has D isagreed.

In amendment No. 16, viz.:— No. 16.—Page 9, clause 27, line 1, omit “ seditious blasphemous.” Omit “ seditious.”

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In amendment No. 19, viz.:— No. 19.—Page 9, clause 27, line 11, omit “ containing seditious blasphemous,” and insert “ if such issue contains.” Omit “ seditious.” Transfer to stand before “ seditious,” “ if such issue contains.” In amendment No. 20, viz.:—

No. 20.—Page 9, clause 27, line 13, omit “ seditious blasphemous.” Omit “ seditious.”

Reason of the House of Representatives fo r Disagreeing to certain Amendments of the Senate to certain Amendments of the House of Representatives.

As to amendments of the Senate to amendments Nos. 1G, 19, and 2 ) :— . Because of the difficulty of defining sedition.

Schedule of the A mendment of the H ouse of R epresentatives, to which the Senate has D isagreed, upon which the H ouse of R epresentatives I nsists.

No. G.—Page 2, clause 3, after line 18, insert Indecent or obscene matter ’ includes any drawing or picture or advertisement or any printed or written matter in the nature of an adver­ tisement if it relates to venereal or contagious diseases affecting the generative organs or functions or to nervous debility or other complaint or infirmity arising from or relating to sexual impotence or intercourse or sexual abuse or to pregnancy or to any irregularity or obstruction of the female system or to the treatment of any complaint or condition peculiar to females or may reasonably be construed as relating to any illegal medical treatment or illegal operation.”

C. GAY AN DUFFY,

11th October,, 1901. Clerk of the House o f Representatives.

Ordered—That the Message and amendments be printed and taken into consideration on Wednesday, 23rd October.

19. A djournment.—The Senate adjourned at four minutes past four p.m. till Wednesday, 23rd October, at half-past two p.m.

20. A ttendance.—Present, all the Members except Senators Lieut.-Col. Cameron, Dawson, Ewing, Major Gould, Harney, Matheson (on leave), Milieu, Lieut.-Col. Neild, Pulsford, and Stewart.

C. B. BOYDELL,

' For Clerk of the Parliaments..

Printed and Published for the Government of the Commonwealth of A ustralia by R obt. S. B rain, Government Printer for the State of Victoria.