The Western Australian Historical Society The Federation Campaign 5 INCORPORATED After listening to the paper* prepared by the late Sir John Kirwan, I said that it was a valuable contribution and JOURNAL AND PROCEEDINGS should be plac~d on the permanent records of the Society. At the same time I expressed the opinion that there was VOL. IV. 1951 Part III. another side of the campaign and that Sir John Kirwan's paper did not do full justice to Forrest's endeavours in the The Society does not hold itself responsible tor statements made Interests of Western . Since it is my purpose to or opinions expressed by authors oj the papers remedy this defect, I want it to be understood that I was associat~d pUblished in this Journal. with J ohn Kirwan on the " Miner" in the closmg months of 1895. Then was established a warm friendship that was never to the time of his death even te~porarily disturbed by differences of political opinion. The chief of these arose in connection wth the federation cam­ THE FEDERATION CAMPAIGN paign. A Paper prepared by Sir , C.M.G., and read My chief at the time of the campaign, Archibald ~ost to the W.A. Historical Society on March 30, 1951. Sanderson,. was one ?f the scholarly, courageous, and accurately mformed journalists has had. Today, after fifty ~ears of federation, not one of the argu­ In a paper presented to the Historical Society the first ments he usee! against our then entry into federation can essential is that the facts set out should bear the authorita­ ive hall-mark of exact knowledge. For this reason I deem it be proved to have been fallacious, whilst few of the advant­ ages ~l~imed by the advocates of immediate entry have advisable, by way of introduction, to indicate my personal materialised, It should be understood that Sanderson's atti­ qualifications for the task. tud~ ~as. not against federation, but against Western Aus­ I am the last survivor of the original literary staff of tralia I~ Its then st~ge. of development accepting the terms the "Morning Herald" newspaper, first published in set 0l7t III the Constitution, When confronted with the many on January 1, 1896, and of which I afterwards became secunty clauses he always contended that no words in a editor. Throughout the federal campaign I was assistant written co?stitution co~~d protect a State of small voting leader writer to the late Archibald Sanderson, who in later power against the political influences of States of much years was a member of the Legislative Council in this State. larger J?op'!lation-a contention that subsequent events have I reported most of the parliamentary debates as well as amply justified, If there were a place in history for a jour­ nearly all the important public meetings held throughout the nalist whose sound advice was rejected it is Archibald State on the federal issue. I was privileged to enjoy the Sanderson who should occupy it. confidence of the Premier, Sir John (afterwards Lord) At the three conventions, each of the States had ten Forrest, and the members of his Government. I have forti­ representatives. At the second and third conferences it was fied my memory by exhaustive reference to the newspapers found necessary to replace certain of of the time now filed in the Public Library of Western delegates, but the following were the fourteen men who Australia; the librarian at Parliament House (Mr. L. attended one or more of the conferences: The Premier, Sir Hawley) has been good enough to supply me with the ; the Speaker of the Legislative Assembly, Sir official records. I have perused the reports of the conven­ J a.m~s George Lee Steere; , M.L.A.; the Com­ tions held in , Adelaide and , at which mISSIOner of Railways, F. H. Piesse, M.L.A.; John Win­ the Constitution was drawn up, as well as the exhaustive throp (afterwards Sir Winthrop) Hackett, M.L.e.; W. T. annotated commentary published by Quick and Garran in Loton, M.L.e.; Walter (afterwards Sir Walter) Hartwell 1901. * Published in W.A. Historical Soc. Journal, Vol. 4, Part 2, 1950. 6 The Western Australian Historical Society The Federation Campaign 7

James, M.L.A.; Albert Young Hassell, M.L.A.; Robert The Committee examined some forty witnesses. Many Frederick Sholl, M.L.A.; John Howard Taylor, M.L.e.; of the firms that sent spokesmen are operating in the city Henry Briggs, M.L.e.; Frederick Thomas Crowder, today, but only one of the witnesses is still with us-the M.L.e.; Andrew Harriot Henning, M.L.e.; and Harry veteran Alfred Sandover. The witnesses were opposed for Withall Venn, M.L.e. All of these have long since passed a variety of reasons to Western Australia entering the away, the last to go being myoid friend of federation at the then stage of its development and under days, Andrew Henning. the conditions set out in the Constitution. From the Gov­ SELECT COMMITTEE ON CONSTITUTION BILL ernment's point of view it was urged that the handing over of Customs duties to the Commonwealth would involve the The West Australian campaign started with the submis­ colony in a loss of revenue to the extent of £300,000 per sion of the Constitution Bill to the Legislative Assembly in annum--an enormous sum in those days and one that July, 1899. On the 18th of that mOfolth Premier Fo~rest could not be readily replaced from other resources. At all moved that the Bill be referred to a J oint Select Committee the conventions it had been recognised that Western Aus­ of seven members from each house. The debate extended tralia was the one colony that would be called upon to make over three days and there was some opposition on the part substantial sacrifices without any direct gain. By way of of goldfields members, who wished the Bill to be submitted compensation Section 95 was inserted in the Constitution. to a referendum forthwith. Some argued that its reference This section permitted Western Australia to impose duties to a Select Committee was intended to delay matters so as of Customs on two conditions: that they should in no case to prevent Western Australia entering the Commonwealth be higher than the duties then existing and that they should as an original State. Finally the Premier's motion was be reduced by twenty per cent. each year, disappearing carried by 22 votes to 14. It was accepted by the Legislative altogether at the end of five years. Forrest contended Council without division, and the date appointed for the throughout that the concession was entirely inadequate and submission of the Committee's report was Tuesday, Sep­ that the necessity to reduce the duties by one-fifth each year tember 5, 1899. The following members were selected by would make orderly budgeting impossible. His contention ballot to form the Committee: from the Legislative As­ was supported by Treasury officials and other witnesses sembly: Premier Forrest and Messrs. George, Higham, before the Joint Select Committee. Illingworth, Leake, Morgans and Vosper; from the Legis­ lative Council: the Colonial Secretary the Hon. G. Randall During the brief period of responsible Government and the Hons. F. T. Crowder, J. W. (afterwards Sir Win­ commencing in 1890 the colony had made great strides due throp) Hackett, A. B. Kitson, W. T. Loton, A. P. Matheson to the discoveries of gold and the progressive development and F. M. Stone. There was then no division into political policy of the Forrest administration. The population had parties as we know them today, but the Committee was re­ increased from 46,290 to 179,706, whilst the number of fac­ presentative of all branches of opinion, whilst each section tories had grown from 175 to 632 with upwards of 11,000 of the population, metropolitan, country and goldfields, was employees. It was contended on behalf of these manufac­ about equally balanced. The Committee completed its labours turing establishments that they required a further period of almost within the time allotted, its report being- presented protection against the well-established secondary industries on the 19th September. In its efforts to submit the Bill to on the eastern seaboard that had been built up under a long an impartial investigation the Committee issued special in­ period of protective tariffs and Government subsidies. vitations to the supporters of an immediate referendum to Only a few paragraphs from the Select Committee attend and give evidence, but with one accord they declined report need be quoted here, but they are sufficient to indicate on the ground that they regarded the Select Committee as the character of the conclusions and it is important to note a political expedient to cause delay and to prevent the colony that though there were wide differences of opinion on certain entering the federation as an original State. Amongst those points the final report was unanimous. The Committee so declining was John Kirwan. expressed regret that the advocates of immediate entry The Federation Campaign 9 8 The Western Australian Historical Society Secretary of State for the Colonies, Joseph Chamberlain. It into federation had not seen their way to submit eVI­ was also approved by Mr. George Leake, the President of dence and said that had they been guided entirely by the State Federal League, but it was opposed with, I think, the evidence they would have been compelled to report unnecessary violence by the goldfields' section. They were "that federation was undesirable for this colony at the not prepared to subject their industry for five years to the present time. There is little doubt in the minds of y~)llr burden of Customs duties against the Eastern States. In­ committee that taking into consideration the present flouns.h­ stead they have been subjected to forty-five years of ex­ ing condition of Western Australia, its tt.tineral w~alth, Its cessive Customs duties against supplies necessarily imported infant industries, its large revenue, and Its splendid pros­ from overseas. It is beyond question that for reasons I shall pects, it would have been better if federation had come at a touch upon at a later stage the gold mining industry has been time when the colony could have entered the Commonwealth the greatest sufferer under federal policy. Sir John Kirwan on more equal terms." Can any imp~rtial observer ~ith the very properly named three then prominent West Australians experience of half a century to gUIde them, question the as keen advocates of federation: George Leake, Walter wisdom of this observation? But the members of the Com­ James and . May I add that whilst Mr. mittee were imbued with a much wider conception of the Leake died shortly afterwards, to the great loss of the com­ principles at issue and the following paragraph, which fo~ms munity, the other two, Sir and Sir Norbert the essential feature of the report, must stand for all time Keenan, after thirty years' experience of federation became as demonstrating the broad statesmanlike vision of the vigorous advocates of the movement for the secession of this Committee: State from the Commonwealth. "Your Committee has approached this important sub­ Although Forrest had repeatedly asserted that from a ject with a desire to report as ~avour~bly as possible on the purely West Australian point of view the Bill for the Con­ Bill referred to them for consideration and as they r~cog­ stitution would not stand investigation, he gave complete nise that under federation Australia will occupy a, hiqher endorsement to the recommendation of the Joint Select Com­ place in the world:s opinion and that it will tend towards mittee and pledged himself that directly the amendment the consolidation of the Empire in this part, of the u:orld, asked for by the Committee was granted he would summon they feel impelled to recommend that all msnor considera­ a special session of Parliament, and would submit and fully tions should be waived and that only such amendments as support a Bill for the holding of a referendum. Several of are of real importance should be suggested and insisted upon. the Premiers of the other colonies, and influential sections Your Committee hope and believe that the adverse effects of the New South Wales and Victorian press, referred to of federation on the Customs revenue an;d upon the pro­ the desired amendment as reasonable, but the Premiers ducing and other industries of the colony wll not b~ so mu~h pleaded that they could not consent to the amendment being felt as soon as the production is increased, and our industries made, as the Bill in its then form had been accepted by have become more firmly established, and when other referendum in their respective colonies. One Premier de­ ouenues for taxation may probably be available; and they clared that if the amendment were made and the Bill-with are of opinion that if a, definite term of five years~ fiscal free­ the amended section-were again submitted to the people dom were conceded the colony might fairly be asked to take of his colony it would probably be rejected. the risk of joining the Commonwealth as an original State:" There can be little doubt that if Western Australia had Again I would ask any unprejudiced o.bser,:er if he ~an stood solidly behind Forrest and the recommendation of the find anything of an anti-federal cha~acter m this resol.utIO~ Select Committee, one of two things would have happened: unanimously approved by the J omt Select Committee i 1: (and this is by far the more probable) the other Forrest voluntarily added a proviso to the requested amend­ colonies would have agreed to the amendment ment that during the five years' fiscal freedom there should being made by the Imperial Parliament, just as be no increase of duties against imports from the other at a later stage they agreed to the Imperial Parlia- States. The amendment secured the warm support of the 10 The Western Australian Historical Society The Federation Campaign 11

ment making a much more important amendment ~ill remember that the war resulted largely from the inten­ to the clause relating to appeals to the Privy ~lOn of Paul Kruger to impose a tax upon the gold mining Council; or mdustry. It was not a big tax as taxes go nowadays but it 2: Western Australia would have stood out of the was enough to provoke a disastrous conflict. In order to federation until she had reached a stage of de­ popularise the tax Kruger publicly announced that the bulk velopment more nearly approximating to that of of the proceeds would be distributed amongst the primary the other colonies, when she would have been ad­ producers as the most deserving section of the community. mitted on terms just as favourable as those It was to be handed out, not in the form of loans but as accorded to an original State. free gifts; so much for each farmer, so much for his wife at:d so ~uch for e~ch child. One of his advisers pleaded JOSEPH CHAMBERLAIN WIth Kruger to WIthdraw the announcement. Asked his In view of the strong support given by the Secretary of reason, he said that it was economically unsound to sub­ State for the Colonies to Forrest's request for an amend­ si~ise the primary industry of the country since the land, ment and later action on his part which forced the issue, it being th~ sourse of all wealth, the money used in the subsidy may not be out of place to make brief reference to Joseph must ultimately come out of the land. Kruger turned down Chamberlain, the man and the politician. During his muni­ the argument.. Then his adviser urged that the proposal cipal career in the city of Birmingham he was a pronounced would undermine the morale of the one stable element in the radical and was the leader in many great reformative move­ c?untry, but Kruger would not agree. The adviser made ments, particularly regarding improved health conditions hIS final appeal. . He said : "You are a God-fearing man; and wider educational opportunities for the poorer classes. rou read. your BI?le ~aily. Ca~ you tell me of one passage He was the pioneer of advanced conceptions that have spread ~n the BIble that Justifies the giving of something for noth­ throughout Great Britain and many other countries. Qn ll1g~" K,~uger laughed heartily. "I have you there," he entering the wider sphere of political life he carried these rep.lred. You have forgotten the great pilgrimage of the aspirations with him, and quickly developed the conviction C~Ildren of Israel across the barren wilderness to the pro­ that the improvement of the conditions of the people de­ mIsed. land. Forty years it lasted and during the whole of pended upon closer co-operation between the mother-country that tirne the Lord fed them." "Oh yes" said his adviser and the colonies and dependencies that then constituted the "I know that story and I have always tho~ght that if He had British Empire. In other words, he became an unqualified not fed them they would have crossed that blessed desert imperialist because he sincerely believed that in that way in a fortnight." This is a digression, but I think there is a the conditions of life for the great mass of the people could moral in the story that may well be applied to Australian be most quickly and most permanently improved. It is political conditions of today, where the clamour for some­ well that those-amongst whom I count myself-who think thing for nothing is gravely threatening the economy of the that occasionally, as in the case of the South African war, country. the policy has been unduly expanded, should bear in mind Returning to Joseph Chamberlain, it is not too much the high motives that animated the man who may well be to say that he. regarded the federation of Australia as a step regarded as one of the foremost great protagonists of Im­ of the first Importance towards the consolidation of the perialism. At the time of the Australian federal campaign Empire, and the fact that he delayed action for several Joseph Chamberlain was a very worried man. The South months in his support of Forrest's appeal for the amend­ African war was not going well and the Boxer rebellion in ment granting Western Australia five years of fiscal freedom China was the cause of much anxiety. That I always con­ is clear evidence of his appreciation of the justice of the pro­ sidered the South African war a major blunder from the posal. Chamberlain was subjected to attacks on two fronts. Empire's point of view is of no importance. My chief recol­ There was a threat, not coming from Western Australia or lection of it today is that it furnished a little story that from any highly constituted authority, that if the Common­ deserves present application to conditions in Australia. You wealth Constitution Bill were not quickly submitted to the 12 The Western Australian Historical Society The Federation Campaign 13 Imperial Parliament a moveme~t ~ould be s~t on foot for the establishment of a republic in Austraha. Of much considerable sacrifice and taking material risks in entering greater importance from the West Australian point of view federation at its then stage of development. Then came the was the goldfields campaign for separation from the rest of most significant paragraph, the paragraph that decided the issue: the colony so that the goldfields area might forrr: a separ~te State to enter the Commonwealth forthwith. This campaign 3. "Your responsible advisers will also, of course, take was the main theme of Sir John Kirwan's paper and that into consideration the effect of the agitation by the Federal party, particularly on the goldfields, if Western Australia paper sets out with vigour and accuracy the character of does not enter as an original State." the campaign. A petition signed by nearly 40,000 peopl~­ almost as many in fact as subsequently voted for federatton Though couched in polite diplomatic language, this para­ at the referenum-was forwarded to Chamberlain,. and a graphy was interpreted-rightly or wrongly-as indicating delegation to London was also arr~nged. The campal!?n was that in certain circumstances the Imperial authorities might still raging when on the 27th A~nl, 1900, Chamb~rlam s~nt feel bound to give some consideration to the goldfields' plea his historic cable to the then Actmg Governor, Chief justice for separation. The cable continued: Sir Alexander Onslow. This is an exact copy of that cable, 4. "It seems to me, under the circumstances, of the utmost with brief comments on the different clauses: importance to the future of Western Australia, to join at once ; and as your responsible advisers have done their best 1. "Referring to my telegram of April S, the Premiers to secure the amendment desired by Parliament, I would urge of the federating colonies have, as .you are probably aware, them to take an early oPPortu1H:ty of summoning Parlia declared: that they have not authority to ac~ept any .amend­ meni, and la'/ing the position fully before it, with a view tal meni in the bill and have abhorrence to give .any instruc­ necessary action for ascertaining the wishes of the people' tions to delegates with regard to my suggestIOn. Under as to entering Federation." these circumstances I cannot press the matter further, £!nd I would now Iwge your responsible advisers to consider Here again it is difficult to dissociate the words "of the earnestly whether in the best interests of the colony as well as Australia they should not make a resolute endeavour to utmost importance to Western Australia" from the veiled bring the colony into Federation at once" threat in the previous paragraph regarding the agitation by The matter Mr. Chamberlain felt he could not press the federal party on the goldfields for separation. Sir John further was the desired amendment according Western Aus­ Kirwan was on sound grounds in arguing that the goldfields tralia five years' fiscal freedom, but without the power to separation agitation played a major part in securing the impose any duties of Customs in excess of those then pre­ immediate entry of 'Western Australia into the Federation. vailing. The final paragraph of Mr. Chamberlain's cablegram reads: 2. "Unless Western Australia joins as an oriqinal Sta~e, 4. "If they are agreeable to this course, a clause will be it can only enter on conditions of complete intercoloniab inserted in the bill proz-iduu] that Western Australia may free trade. The temporary prot~ction afforded by Clause enter as an original State, if the people have intimated their 9S will therefore be lost: and lookinr; to the present popula;­ desire to be included, before the issue of Her Majesty's pro­ tion of the colony, difficulty may also be exper!,enced In clamation." securing representation as large as It would receive as an The most striking feature of this paragraph is the fact original State, and which would enable the colony to secure that the Constitution already provided for the admission of a.dequat~, protection for all its interests In the Federal Par­ liament, New Zealand into the Commonwealth and to such an extent This clause can only be regarded as a piece of speci~l were the leaders of political thought in New Zealand enam­ pleading with no foundation in fact. Had W estern A~stra.ha oured of the idea that they wanted the preamble to be stood out awaiting further development and population m­ amended so that New Zealand might claim admission at any crease and then wished to join she would have been able to time. It mayor may not be a commentary on the success secure terms at least as favourable as those accorded to an of federation that today no sane New Zealander would original State. The paragraph also ignores t~e generally ~d­ regard with other than ridicule a proposal that that dominion mitted circumstances that Western Australia was makmg should surrender any of its self-governing powers and be­ come a part of the Commonwealth. The Federation Campaign 15 14 The Western Australian Historical Society

FORREST AND FEDERATION intention of putting the scheme in hand. I also reported his second reading speech on the proposal and the speech of On receipt of Chamberlain's cable Forrest at once de­ Sir in the Legislative Council in which cided to summon Pairiament and he and his Ministers he read at full length a letter from Mr. Harper designed to toured the State in support of a "Yes" vote at the Refer­ counteract the arguments used in Parliament that the gold­ endum. I accompanied them on many of these expeditions fields people did not want and had no confidence in the and I break no confidence in saying that whilst to a man scheme. My association with the proposal did not end there. they loyally followed the Premier, several of them still It is probable that some doubt existed in official quarters as indulged grave doubts as to the wisdom of the colony enter­ to the permanence of the goldfields in view of the brief life ing the Federation in its then condition of development. I of gold mines in certain of the Eastern States and in other had previously spent some time on the goldfields, and from parts of the world. To meet this doubt Forrest in the Bill 1896 onwards as mining editor of the "Morning Herald" authorising the loan provided for a sinking fund of three per I paid many visits not only to Coolgardie and Kalgoorlie cent. to ensure the lender that his money would be repaid but also to the more remote finds, including Menzies, Mer­ during the life of the goldfields. It was my privilege as ton's Reward, Mt. Magnet, Mt. Morg-ans, Sons of Gwalia, Agent-General to repay the full amount of that loan accu­ and Lake Violet Consols-afterwards WiIuna. One could not mulated by the operation of the sinking fund. help feeling the intense and, I think quite unjustified, anti­ I refer to this matter now only to indicate what I pathy to John Forrest displayed by the goldfields people. regarded as the completely unjustified antagonism of the The Government was confronted with grave difficulties in goldfields to Premier Forrest. Forrest was loth to submit meeting the requirements of a growing- population but I the Constitution Bill to a referendum because he felt that doubt if in any other country the provision of railway facili­ the old-established residents of Western Australia would be ties could have been more expeditious. Postal services were outvoted by newcomers with no knowledge of the colony rapidly extended, though I well remember at one remote apart from the goldfields and whose decisions would be in­ centre being confronted with the complaint that the delivery fluenced by sentimental attachments to the States from which of letters in the area was entrusted to an Afg-han and a they had come, and where in many instances their families camel, neither of whom could read English. But it was per­ were still located. haps in the case of the great Coolgardie water scheme that this opposition to Forrest was most pronounced. Forrest It may be convenient now to give the result of the was prepared to pledge the credit of the State to the extent referendum before briefly reviewing its consequences and of some millions of money-an almost fantastic sum for so pointing out the different conditions that would have fol- small a community-to put into effect a scheme the like of , lowed from the West Australian point of view had Forrest which had not been attempted in any part of the world, in and his supporting delegates succeeded in impressing upon order to provide the principal gold mining centres with an the conventions the need for certain amendments. It clearly adequate supply of water. And yet the leaders of political illustrates the rapid progress that Western Australia had thought on the goldfields-men like Charles Moran and made under responsible Government that for the election F. C. B. Vosper, both eloquent speakers of big influence in prior to the taking of the referendum there were only about their respective parties-would have nothing of the scheme 40,000 names on the roll, whilst for the referendum poll on and urged instead the putting down of bores. The only July 31, 1900, the number had increased to 96,065. How active support Forrest received was from Mr. Nat Harper, did they vote? 44,800, or forty-six and two-thirds per cent. who, quoting from his own experience in New Zealand and voted for Federation-substantially less than an absolute Tasmania, satisfied Sir John of the feasibility of the scheme majority. 19,691 or twenty and one-third per cent. voted and also supplied him with reliable estimates of the quantity against, whilst 31,574, or very nearly one-third of the total of water required. I was present at the banquet at Cool­ enrolled, did not vote at all. In the metropolitan area there gardie on the 29th March, 1896, when Forrest declared his was an affirmative vote : in the country districts a pro- 16 The Western Australian Historical Society The Federation Campaign 17 nounced "No" vote and on the goldfields an overwhelm­ Section 114 of the Constitution says ingly "Yes" vote. It may be of interest to note that the "nor shall the Commnotocalth impose any tax on property! birthplace, 'Bunbury, showed a substantial anti-federal of any kind belonging to a State." majority. It was thought that the words "property of any kind" meant just what they said. Western Australia, because of DISABILITIES UNDER FEDERATION the backward condition of its development, required to im­ port capital goods to a much greater extent in proportion to I think it is due to John Forrest-the foremost states­ population than did any of the Eastern States. This became man Western Australia has known-that there should be clear when in the years succeeding the close of World War I placed on the records of the Historical Society some refer­ Sir James Mitchell embarked on his land settlement policy, ence to the great fight he put up for the colony's interests in particular the State needed material for railway construc­ in the three conventions that framed the Constitution, a tion and machinery for land clearing. The prices demanded fight in which he received support from his co-delegates. Per­ by Eastern States manufacturers were greatly in excess of haps the most important was his advocacy of an unrestricted those quoted by English firms, and in addition the Eastern right of appeal to the Privy Council. Under Section 74 of States suppliers could give no fixed date by which the goods the Constitution, the High Court can refuse a right of ap­ could be delivered. In the circumstances it was imperative on peal to the Privy Council on questions arising "as to the Government to accept the British tenders. On the arrival the limits inter se of the constitutional powers of the of the materials in the State heavy Customs duties-amount­ Commonwealth and those of any State or States." Roughly ing to many thousands of pounds-were imposed by the this means that when the High Court decides on the inter­ Commonwealth Government. This seemed to be so directly pretation of the Constitution as between the Commonwealth and a State there can be no appeal to the Privy Council in conflict with Section 114 that the State Government took without the consent of the High Court. Thus whilst a State the case to the High Court. The High Court upheld the cannot appeal as of right against a High Court decision, it Commonwealth on the surprising ground that the tax was would have been competent for the communist party to not on property belonging to a State, but on the act of im­ appeal to the Privy Council had the decision of the High portation. The correspondence that followed between Sir Court validated the Commonwealth Parliament's anti-com­ James Mitchell and the Prime Minister is illuminating, but munist legislation. The London "Times" of April 6, 1900, it is necessary to quote here only the closing words of the had this reference to the restriction of the right of appeal to Prime Minister's final reply: the Privy Council: "The Minister for Trade and Customs, after careful con­ sideration has decided that the request for remission of "The High CmITt ioould. be the worst tribunal for the con­ duties cannot be acceded to, as he is not inclined to mod!~fy sideration of constitutional appeals owing to local influence. the tariff conditions imposed for the protection of an estab­ The Privy Council on the other hand could be relied upon lished Australian industry." as impartial and gi7·ing every satisfaction." It had been clearly pointed out to the Prime Minister that the "established Australian industry" was not able to The Imperial Government also took strong exception give the West Australian Government any assurance as to to the restriction, and before the Bill was passed by the the date of delivery even if the Government agreed to pay Home Parliament, it was slightly modified though not to the greatly higher price. The matter was investigated by the the extent desired by Forrest or necessary to save Western British Economic Mission that visited Australia in 1929. Australia from incalculable losses. One striking instance of The mission roundly denounced the Commonwealth practice a High Court decision-against which no appeal could be as an abuse of all economic principles since it amounted to lodged-which cost Western Australia many thousands of taking into Commonwealth revenue money borrowed in pounds, came under my notice as a member of the Mitchell London by the State to facilitate State development. It Government: meant that for every £100,000 worth of goods purchased in The Federation Campaign 19 18 The Western Australian Historical Society

Britain the State had to borrow (roughly) £120,000, of tries in which the political sense of the people is highly which the extra £20,000 went into Commonwealth revenue. developed and in such countries it has been responsible for It is of some importance to recall that the big smash in many important reforms. In those countries it is usually a in the early nineties was largely attributable to the part of what is known as the three political freedoms-the same policy of boosting up Government revenue by the initiative, the referendum and the recall-but in Australia, imposition of duties on private importations designed for where politics are dominated by class party considerations, developmental purposes. The same policy has been pursued it cannot be expected to give satisfactory results. Following by successive Governments up to the present day, with the referendum the new Labour Premier (Mr. Philip certain remissions. The first remission of any importance Collier) honourably observed the expressed wish of the came at the time of the secession campaign and was directly people and at once appointed a delegation to place their due to Western Australia's appeal to the Imperial Parlia­ claims before the Imperial Parliament. I was appointed the ment for release from Federation. Whilst the secession leader of that delegation and no one could have wished for delegation was at work in England, I-as Agent-General­ more loyal or better informed men than my three colleagues: was receiving tenders for comprehensive additions to the Messrs. M. L. Moss, James MacCallum Smith and H. K. East Perth power station. The lowest British tender was Watson, but on a matter of such tremendous moment the about £40,000 in excess of the lowest Continental tender, delegation should have been led by the Premier and the but I was advised that if the British tender were accepted Leader of the Opposition. Mr. Collier quite reasonably said Customs duties amounting to about £90,000 would be that he could not ask the Imperial Parliament for something waived. Thus in one hit the entire cost to the State of the to which he and his party were entirely opposed, and Mr. secession movement was more than wiped out. The Com­ (now Sir Norbert) Keenan was on equally sound ground monwealth Government is now admitting certain capital in saying that for him to go without the Premier would give goods free of Customs duty, but usually on condition that the movement an opposition appearance that must destroy it. their price is higher than is charged tor the Australian-made The delegation was received with every courtesy and article. Certain applications for remission of duties on re­ had the widest opportunity of presenting its case. The quirements imported by the Government for the South elaborate 480-page volume "The Case of the People of Fremantle electricity undertaking and for railway purposes Western Australia" in the preparation of which Mr. Watson have been granted as an act of grace. Mr. Simpson on his had played the major part, was widely distributed. Because return recently from the conference of transport ministers of its impressive appearance and the splendid order in which at Hobart said that a resolution had been carried at that the arguments were presented, it was warmly commended conference asking the Commonwealth Government to remit by several members of Parliament. These members expressed duties on State importation of railway materials, but there sympathy with Western Australia's just cause, "but," they is no indication of the Commonwealth's willingness tn recog­ said, "you are asking us to do something to which your nise the rights of the States under Section 114, which clearly Government and Parliament is opposed. It cannot be done." prohibits the Commonwealth from imposing any tax on Our case was ably presented to the Committee appointed by property of any kind belonging to a State. the Imperial Government by an exceptionally gifted THE SECESSION MOVEMENT and distinguished soldier, Brigadier-General John H. Morgan. It may not be out of place to put on the records This may be a fitting time for the only reference I of your Society my firm conviction that World War II propose to make to the secession movement. The electors might have been avoided had the British Government given killed secession when they gave a two-to-one majority in effect to Morgan's advice. After a close investigation under favour of it and on the same day voted out of office the party that favoured it, and returned a Government with a a Commission of the War Office, he urged that British Legislative Assembly majority entirely opposed to it. The troops should not be withdrawn from the Cologne zone until referendum is a useful instrument of government in coun- Germany's devices for maintaining, despite all control, her 20 The Western Australian Historical Society The Federation Campaign 21 military strength had been exposed and counteracted. Papers cient legal adviser, the late Mr. M. L. Moss, that we briefed like the "Times," the "Morning Post," the "Daily Mail" and Sir Stafford Cripps to conduct our case. Sir Stafford, the "Glasgow Herald" gave unqualified support to Morgan's though, like ~is distinguished father, a convinced socialist, contentions, but in official quarters they were ignored. The was at that time regarded as the foremost member of the fatal policy of appeasement began there and then. English Bar. It is said that a high Tory judge was once asked "Who has the finest brain at the English Bar today?" THE COMMONWEALTH AND INTERSTATE TRANSPORT He replie.d, "I am sorr~ to say, Stafford Cripps." Having to I shall turn now to the second instance in which a supply Sir Stafford With much of the' material in support decision of the High Court inflicted grave injustice on of the case, I came into close contact with him, and visited Western Australia, and serious financial loss to the State hi~ several times at his home, some miles past Oxford. and to many of its industries. In this case also I write with Cnpps had bought an old barn and converted it into a de­ the authority of exact personal knowledge, and also with lightful residence. There he kept open house and welcomed some satisfaction since I played a part in finally upsetting all comers. Both he and Lady Cripps were total abstainers the decision. Section 92 of the Constitution reads: and vegetarians, but visitors were free to partake of what­ "On the imp~sition of uniform duties of customs, trade, ever they desired either in food or drinks. The house was commerce and intercourse amongst the States, whether by means of internal carriage or ocean navigation shall be, on the outskirts of a little village with perhaps two hundred absolutely free .. .n working men's homes. When Cripps went there he found The High Court after toying with the section for some there was not a single bathroom in the village. His first time decided that it was binding upon the States only, leav­ step was to build what he called a bath club with a dozen ing the Commonwealth free to impose any embargo it desired bathrooms freely available to all comers. Then he organised on interstate transport. Sir James Mitchell's Government, a working bee to establish an open-air swimming-pool, and of which I was a member, desired to appeal to the Privy another to put in a bowling green on land which he acquired. ~ouncil against this decision, but the High Court, exercising He took me to a substantial stone structure in the village Its power under Section 74, refused the right of appeal. For street th

PROTAGONIST OF FEDERATION In memoriam If this paper should be regarded as unduly critical of that presented to the Society by myoid and valued friend Sir John Kirwan, I should like to repeat with all possible emphasis my knowledge of the fact that he was animated by the highest motives and by his firm assurance of what was best in the interests of an Empire of which he was a + whole-souled supporter. He had been in Western Australia THE HONOURABLE SIR JAMES MITCHELL. G.C.M.G. only a little more than three years when the federal cam­ paign opened and the whole of that time he had spent on Our Late President. the goldfields. Of the rest of the State he knew very little, and there can be no doubt that he faithfully represented It was with a feeling of keen personal loss that the goldfields opinion. public of Western Australia learnt of the passing of Sir Forrest, on the other hand, knew Western Australia as James Mitchell. Sir James died suddenly in the early no other man did. It has been my desire to place on the hours of July 27, 1951. records of our Society a simple, truthful, though I am fully Sir James had been President of the Western Aus­ aware an entirely inadequate, appreciation of his services to tralia Historical Society since its foundation in 1927 and Western Australia and to the cause of Australian federation died officially associated with it. He always showed the in its highest sense. So far from being an anti-federalist. he greatest interest in the work of the Society and was ever might well be described as the outstanding, unselfish advo­ ready with support and inspiration. cate of Australian unity. The charge against him of holding the question back from the people is fully answered in his Apart from his distinguished political career, his own words: "The position I took up was that so long as services as Lieutenant-Governor and Governor will there was a hope of obtaining the one important amendment always be remembered by the people of the State. required by the Joint Select Committee of both Houses of Regarded with affection and respect, he was loved for the West Australian Parliament, I did my best to obtain it." himseU and because he believed so sincerely and so Today it is not difficult to understand how much better the unswervingly in his native State. position would have been had our infant colony been afforded However, it is not only for his achievements in the a little more time in which to acquire a development more public life of Western Australia but for his friendliness, nearly comparable to that of the other federating colonies. humanity and other personal qualities that he will be In the few years immediately preceding the federal cam­ remembered by the people of the State. paign I traveUed extensively throughout Western Australia with an exceptionaUy gifted London journalist-Philip Mennel!. In the early nineties he had toured Australia and New Zealand compiling a dictionary of Australasian bio­ graphy. It was his considered and freely expressed opinion that Australasia at that time had three very great statesmen: Henry Parkes of New South Wales, Richard Seddon of New Zealand, and John Forrest. 31