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SJ No 68 - 06 November 1901



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COMMONWEALTH OF AUSTRALIA,

No. 68.

JOURNALS OF THE SENATE.

WEDNESDAY, 6 t h NOVEMBER, 1901.

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

2. PRAYERS.

3. P etitions.—Senator Charleston presented the following Petitions praying the Senate to reject the Matrimonial Causes Bill, viz. :— No. 29, from nine Citizens and Electors of the State of South Australia and Members of the Legislative Council thereof. Petition received and read.

No. 30, from sixteen Citizens and Electors of the State of South Australia and Members of the House of Assembly thereof. No. 31, from six Legislators of the State of South Australia. No. 32, from two Members of the Society of Friends in the State of South Australia. Petitions received.

4. P apers.—The Postmaster-General laid on the Table the following Papers, viz. :—

By Command :— i. Minute of the Prime Minister to the Governor-General (Canada—Preferential Customs Duties). ii. Despatch dated 17th May, 1901, from Secretary of State to the Governor-General with an

Annexure and Enclosures.

Ordered to be printed.

5. Governor-General’s M essages.—The Vice-President of the Executive Council communicated the following Messages from His Excellency the Governor-General, which were received and read :—-HOPETOUN, Governor-General. Message.

A Bill intituled “ An Act to provide fo r the Service and Execution throughout the Common­ wealth of the Civil and Criminal Process and the Judgments of the Courts of the States and oj other parts o f the Commonwealth and fo r other purposes connected therewith," as finally passed by the Senate and the House of Representatives of the Commonwealth, having been presented to the

Governor-General for the Royal Assent, His Excellency has, in the name of His Majesty, assented to the said Act.

Government House, Melbourne, 16th October, 1901.

HOPETOUN, Governor-General. Messag^

A Bill intituled “An Act to grant and apply out oj 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," as finally passed by the Senate and the House of Representatives of the Commonwealth, having been presented to the Governor-General for the Royal Assent, His Excellency has, in the name of His Majesty, assented to the said Act.

Government House, Melbourne, 12th October, 1901.

6. P rivilege : E lections and Qualifications Committee.—On the Order of the Day being read for the consideration of the Second Report of the Elections and Qualifications Committee, Senator Glassey, by leave of the Senate, and at the request of Senator Sir J. H. Symon, who was unavoidably absent, pursuant to contingent notice, moved, That the Petition against the return of

Senator Matheson be not further entertained. Debate ensued. t

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The Vice-President of the Executive Council moved an amendment, viz., To leave out all (he words after “ That,” with a view to add :— “ (1) The Committee be discharged from further consideration of the Petition. “ (2) Steps be taken, if necessary, for rescinding, in accordance with the Standing Orders,

the resolution appointing the Committee. “ (3) Action be taken, in accordance with the Standing Orders, for the appointment of a new Committee of Elections and Qualifications, to which the Petition shall be referred.” Debate continued.

And a Question of Order having arisen as to whether the motion conflicted with a previous resolu­ tion of the Senate of 25th July, 1901, viz.:— “ That, in the opinion of the Senate, the law does not prevent the Committee from entertaining the Petition, and that the Petition be referred back to the Committee for further inquiry and report,” The President ruled that the motion did not conflict with the said resolution. Debate continued. Question—That the words proposed to be left out stand part of the question—put. The Senate divided.

Ayes, 15.

Senator Clemons Dawson De Largie Ferguson Fraser Glassey Harney McGregor O’Keefe Pearce _

Playford Pulsford Stewart Sir W. A. Zeal.

Teller.

Senator Higgs. And so it was resolved in the affirmative. Main question—put and passed.

7. P aper.— The President laid on the Table the following Paper, viz.:— Letter from Mr. J. H. Marsden, architect, P.H., with tracing of a design for small desks for the Members of the Senate.

Noes, 6.

Senator Barrett Sir J. W. Downer Drake O’Connor Lieut.-Col. Sir F. T. Sargood.

Teller.

Senator Dobson.

S.^P ost and T elegraph B ill.—The Senate, according to Order, resolved itself into a Committee for the consideration of the Message and amendments of the House of Representatives in the Post and Telegraph Bill. In the Committee,. Message read and considered. The Postmaster-General moved, That the amendment of the Senate to amendment No. 16 of the

House of Representatives to which the House of Representatives has disagreed be not insisted on. Question—put. Committee divided. Ayes, IT. Noes, 14

Senator Dawson De Largie Sir J. W. Downer Drake Glassey

1 liggs McGregor O’Connor

O’Keefe Pearce Playford Smith

Stewart.

Teller.

Senator Keating.

Senator Sir R. C. Baker Barrett Best Dobson Ferguson

Fraser Major Gould Harney Macfarlane Lieut.-Col. Neild Pulsford Lieut.-Col. Sir F. T. Sargood Sir W. A. Zeal.

Teller.

Senator Clemons.

The number of the Ayes and Noes being equal, the question passed in the negative.

9. Suspension of Committee.— At half-past six p.m. the sitting of the Committee was suspended until a quarter to eight p.m.

10. R esumption of Committee.—A t a quarter to eight p.m. the sitting of the Committee was resumed.

11. P ost and T elegraph B ill.— The Postmaster-General moved, That the amendment of the Senate to amendment No. 19 of the House of Representatives to which the House of Representatives has disagreed be not insisted on.

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And Senator Pulsford proceeding to read from a printed book the report of a speech made in the present session, and the Chairman ruling that under Standing Order No. 133 it was not com­ petent so to do, and objection thereto being taken by Senator Gould in writing, The President resumed the Chair ; and the Chairman having reported his ruling and the objection

thereto, The President ruled that inasmuch as the book referred to was Hansard the Senator should be permitted to read therefrom, And the Main Question being put— Committee divided.

Ayes, 13.

Senator Dawson De Largie Dobson Drake Glassey Higgs Keating McGregor O’Connor O’Keefe

Pearce Stewart.

Teller.

Senator Smith.

Noes, 11.

Senator Sir R. C. Baker Barrett Best Ferguson

Fraser Major Gould Harney Lieut,-Col. Neild

Pulsford Lieut.-Col. Sir F. T. Sargood.

Teller.

Senator Clemons.

The Postmaster-General moved, That the amendment of the Senate to amendment No. 20 of the House of Representatives to which the House of Representatives has disagreed be not insisted on. Question—put. Committee divided.

Ayes, 12.

Senator Dawson De Largie Drake Glassey Higgs Keating McGregor1 O’Connor O’Keefe Pearce

Stewart.

Teller.

Noes, 11.

Senator Sir R. C. Baker Barrett Best Ferguson

Fraser Major Gould Harney Lieut.-Col. Neild Pulsford

Lieut.-Col. Sir F. T. Sargood.

Teller.

Senator Clemons.

Senator Smith. The Postmaster-General moved, That the Committee does not further disagree to the amendment No. 6 of the House of Representatives upon which the House of Representatives insists. Question—put and passed. Resolution to be reported. The President resumed the Chair ; and Senator Best reported accordingly. The Postmaster-General moved, That the Report be referred back to the Committee for the recon­

sideration of amendment No. 16 of the House of Representatives. Debate ensued. Senator Clemons moved, That the Senate do now adjourn. Question—put and negatived. Senator Pulsford moved, That the debate be now adjourned. Question—put. The Senate divided. ■

Ayes, 9. Noes, 16.

Senator Sir R. C. Baker Senator Barrett

Clemons Best

Ferguson Charleston

Fraser Dawson

Major Gould De Largie

Harney Drake

Pulsford Glassey

Lieut.-Col. Sir F. T. Sargood. Higgs

Teller.

McGregor O’Connor

Senator Lieut.-Col. Neild. O’Keefe

Pearce Playford Smith Stewart.

Teller.

And so it passed in the negative.

Senator Keating.

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Main Question—put and passed. The Senate, according to Order, resolved itself into a Committee for the reconsideration of amend­ ment No. 16 of the House of Representatives, and the amendment of the Senate to which the House of Representatives had disagreed.

In the Committee,

The Postmaster-General moved, That the amendment of the Senate to amendment No. 16 of the House of Representatives to which the House of Representatives has disagreed be not insisted on. Question—put. Committee divided.

Ayes, 12.

Senator Dawson De Largie Drake Glassey Higgs McGregor O’Connor

O’Keefe Pearce Smith Stewart.

Teller.

Senator Keating.

Resolution to be reported. The President resumed the C hair; and Senator Best reported accordingly ; whereupon the Senate adopted such Report.

12. P ostponement of B usiness.—The Vice-President of the Executive Council moved, That Order of the Day No. 2 be an Order of the Day for Wednesday next. Debate ensued. Question—put and passed.

13. A djournment.— The Senate adjourned at forty-one minutes past ten p.m. till to-morrow at half-past two p.m.

14. A ttendance.— Present, all the Members, except Senators Lieut.-Col. Cameron, Ewing, Matheson, Millen, Styles, Sir J. H. Symon, and Walker.

Noes, 11.

Senator Sir R. C. Baker Barrett Best Ferguson Fraser Major Gould

Harney Lieut.-Col. Neild Pulsford

Lieut.-Col. Sir F. T. Sargood.

Teller.

Senator Clemons.

E. G. BLACKMORE, 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.