[c] Bigge, Hon. Francis Edward.
[c] Compigne, Hon. Alfred William.
[d] Fitz, Hon. Henry Bates.
[c] Fullarton, Hon. George.
[c] Galloway, Hon. John James.
[d] Harris, Hon. George.
[c] Laidley, Hon. James.
[c] Massie, Hon. Robert George.
[c] McDougall, Hon. John Frederick.
[c] O'Connell, Hon. Maurice Charles.
[d] Simpson, Hon. Stephen.
[c] Yaldwyn, Hon. William Henry.
MEMBERS OF THE LEGISLATIVE ASSEMBLY (26).
Speaker--The Honourable Gilbert Eliott (_Wide Bay_).
Chairman of Committees--Arthur Macalister (_Ipswich_).
Blakeney, Charles William (_Brisbane_).
Broughton, Alfred Delves (_West Moreton_).
Buckley, Henry (_East Moreton_).
Coxen, Charles (_Northern Downs_).
Edmondstone, George (_East Moreton_).
Ferrett, John (_Maranoa_).
Fitzsimmons, Charles (_Port Curtis_).
Forbes, Frederick Augustus (_Ipswich_).
Gore, St. George Richard (_Warwick_).
Haly, Charles Robert (_Burnett_).
Herbert, Robert George Wyndham (_Leichhardt_).
Jordan, Henry (_Brisbane_).
Lilley, Charles (_Fortitude Valley_).
Mackenzie, Robert Ramsay (_Burnett_).
Moffatt, Thomas de Lacy (_Western Downs_).
[e] Nelson, William Lambie (_West Moreton_).
O'Sullivan, Patrick (_Ipswich_).
Pring, Ratcliffe (_Eastern Downs_).
Raff, George (_Brisbane_).
Richards, Henry (_Brisbane South_).
Royds, Charles James (_Leichhardt_).
Taylor, James (_Western Downs_).
Thorn, George, sen. (_West Moreton_).
Watts, John (_Drayton and Toowoomba_).
[Footnote a: Captain O'Connell resigned on 28th August, and
became President of Legislative Council.]
[Footnote b: Appointed 28th August, 1860; resigned 10th
November, 1860.]
[Footnote c: Appointed for five years by Sir William Denison.]
[Footnote d: Appointed for life by Sir G. F. Bowen.]
[Footnote e: Unseated on petition in June, 1860--disqualified,
being a minister of religion; succeeded by Joseph Fleming.]
[Illustration: COCOA-NUT PALMS, JOHNSTONE RIVER, NORTH QUEENSLAND]
[Illustration: CUSTOM HOUSE AND PETRIE BIGHT, BRISBANE]
APPENDIX C.
THE EIGHTEENTH PARLIAMENT.
(1909.--Second Session.)
THE GOVERNOR:
His Excellency Sir William MacGregor, G.C.M.G., C.B.
THE LIEUTENANT-GOVERNOR:
The Honourable Sir Arthur Morgan.
THE MINISTRY:
_With Seats in the Legislative Assembly._
Vice-President of Executive Council and Chief Secretary
--The Honourable William Kidston.
Secretary for Public Lands
--The Honourable Digby Frank Denham.
Treasurer
--The Honourable Arthur George Clarence Hawthorn.
Secretary for Public Instruction and Secretary for Public Works
--The Honourable Walter Henry Barnes.
Home Secretary and Secretary for Mines
--The Honourable John George Appel.
Secretary for Railways and Secretary for Agriculture
--The Honourable Walter Trueman Paget.
_With Seats in the Legislative Council._
Minister without Portfolio--The Honourable Andrew Henry Barlow.
Attorney-General--The Honourable Thomas O'Sullivan.
MEMBERS OF THE LEGISLATIVE COUNCIL (44).
President--The Honourable Sir Arthur Morgan.
Chairman of Committees--The Honourable Peter MacPherson.
Annear, Hon. John Thomas.[a]
Barlow, Hon. Andrew Henry.
Beirne, Hon. Thomas Charles.
Brentnall, Hon. Frederick Thomas.
Brown, Hon. William Villiers.
Callan, Hon. Albert James.
Campbell, Hon. William Henry.
Carter, Hon. Arthur John.
Clewett, Hon. Felix.
Cowlishaw, Hon. James.
Davey, Hon. Alfred Allen.
Deane, Hon. John.
Fahey, Hon. Bartley.
Gibson, Hon. Angus.
Gray, Hon. George Wilkie.
Groom, Hon. Henry Littleton.
Hall, Hon. Thomas Murray.
Hart, Hon. Frederick Hamilton.
Hinchcliffe, Hon. Albert.
Jensen, Hon. Magnus.
Johnson, Hon. Thomas Alexander.
Lalor, Hon. James.
Marks, Hon. Charles Ferdinand, M.D.
McDonnell, Hon. Frank.
McGhie, Hon. Charles Stewart.
Miles, Hon. Edward David.
Moreton, Hon. Berkeley Basil.
Murphy, Hon. Peter.
Nielson, Hon. Charles Frederick.
Norton, Hon. Albert.
O'Sullivan, Hon. Thomas.
Parnell, Hon. Arthur Horatio.
Plant, Hon. Edmund Harris Thornburgh.
Power, Hon. Francis Isidore.
Raff, Hon. Alexander.
Smith, Hon. Robert Harrison.
Smyth, Hon. Joseph Capel.
Stevens, Hon. Ernest James.
Taylor, Hon. William Frederick, M.D.
Thomas, Hon. Lewis.
Thynne, Hon. Andrew Joseph.
Turner, Hon. Henry.
MEMBERS OF THE LEGISLATIVE ASSEMBLY (72).
Speaker--The Honourable Joshua Thomas Bell (_Dalby_).
Chairman of Committees--William Drayton Armstrong (_Lockyer_).
Allan, James (_Brisbane South_).
Allen, Barnett Francis Samuel (_Bulloo_).
Appel, Hon. John George (_Albert_).
Barber, George Phillips (_Bundaberg_).
Barnes, George Powell (_Warwick_).
Barnes, Hon. Walter Henry (_Bulimba_).
Blair, James William (_Ipswich_).
Booker, Charles Joseph (_Maryborough_).
Bouchard, Thomas William (_Brisbane South_).
Bowman, David (_Fortitude Valley_).
Brennan, James (_Rockhampton North_).
Breslin, Edward Denis Joseph (_Port Curtis_).
Bridges, Thomas (_Nundah_).
Collins, Charles (_Burke_).
Corser, Edward Bernard Cresset (_Maryborough_).
Cottell, Richard John (_Toowong_).
Coyne, John Harry (_Warrego_).
Crawford, James (_Fitzroy_).
Cribb, James Clarke (_Bundanba_).
Denham, Hon. Digby Frank (_Oxley_).
Douglas, Henry Alexander Cecil (_Cook_).
Ferricks, Miles Aloysius (_Bowen_).
Foley, Thomas (_Townsville_).
Forrest, Hon. Edward Barrow (_Brisbane North_).
Forsyth, James (_Moreton_).
Fox, George (_Normanby_).
Grant, Kenneth McDonald (_Rockhampton_).
Grayson, Francis (_Cunningham_).
Gunn, Donald (_Carnarvon_).
Hamilton, William (_Gregory_).
Hardacre, Herbert Freemont (_Leichhardt_).
Hawthorn, Hon. Arthur George Clarence (_Enoggera_).
Hodge, Robert Samuel (_Burnett_).
Hunter, David (_Woolloongabba_).
Hunter, John McEwan (_Maranoa_).
Keogh, Denis Thomas (_Rosewood_).
Kidston, Hon. William (_Rockhampton_).
Land, Edward Martin (_Balonne_).
Lennon, William (_Herbert_).
Lesina, Vincent Bernard Joseph (_Clermont_).
Macartney, Edward Henry (_Brisbane North_).
Mackintosh, Donald (_Cambooya_).
McLachlan, Peter Alfred (_Fortitude Valley_).
Mann, John (_Cairns_).
Maughan, William John Ryott (_Ipswich_).
May, John (_Flinders_).
Morgan, Godfrey (_Murilla_).
Mulcahy, Daniel (_Gympie_).
Mullan, John (_Charters Towers_).
Murphy, William Sidney (_Croydon_).
Nevitt, Thomas (_Carpentaria_).
O'Sullivan, James (_Kennedy_).
Paget, Hon. Walter Trueman (_Mackay_).
Payne, John (_Mitchell_).
Petrie, Andrew Lang (_Toombul_).
Philp, Hon. Robert (_Townsville_).
Rankin, Colin Dunlop Wilson (_Burrum_).
Roberts, Thomas Robert (_Drayton and Toowoomba_).
Ryan, Thomas Joseph (_Barcoo_).
Ryland, George (_Gympie_).
Somerset, Henry Plantagenet (_Stanley_).
Stodart, James (_Logan_).
Swayne, Edward Bowdick (_Mackay_).
Theodore, Edward (_Woothakata_).
Thorn, William (_Aubigny_).
Tolmie, James (_Drayton and Toowoomba_).
Walker, Harry Frederick (_Wide Bay_).
White, John (_Musgrave_).
Wienholt, Arnold (_Fassifern_).
Winstanley, Vernon (_Charters Towers_).
[Footnote a: Acting Chairman of Committees.]
APPENDIX D.
FIFTY YEARS OF LEGISLATION.
In the following epitome of Queensland legislation during the last
half-century no mention is made of Land Acts, Local Government Acts,
Revenue or Loan Acts, or Education Acts, those subjects being dealt
with in the text of the book. The rule has been to notice in this
appendix the first legislation of the Parliament on each subject
exclusive of those above mentioned, and only to refer to amending Acts
of a consolidating and extending character. Nor is any attempt made to
furnish a digest of the Acts mentioned, but only to direct attention
to what are deemed the salient points of each.
The first session of the first Parliament has been specially dealt
with in "Our Natal Year."
THE FIRST PARLIAMENT: 29th May, 1860-22nd May, 1863.
It may not be generally known that in 1861, before Government railways
were authorised in Queensland, an Act was passed incorporating the
Moreton Bay Tramway Company, formed to construct a railway "from
Ipswich to the interior of the colony." The company failed to raise
the capital required, however, and the project fell through. In the
same year a Loan Act was passed, but it made no provision for railway
construction. In 1861 an Act was passed giving facilities for the
naturalisation of aliens. A Fencing Act, a Carriers Act, and a Masters
and Servants Act also found a place on the Statute-book. There were
also passed a Savings Bank Act, a Supreme Court Act, and, among
several others, twenty-two in all, the Real Property Act of 1861,
which adopted the Torrens system of registration of titles, and may be
regarded as one of the most useful reforms of the fifty-year period.
An Act to facilitate the incorporation of religious and charitable
institutions also became law. In 1862 an Act to provide for the
appointment of a second Supreme Court Judge, at a salary of L1,500 a
year, was passed, the result being the introduction of the late Chief
Justice Cockle, much to the dissatisfaction of the late Mr. Justice
Lutwyche, who, having been sole Judge before separation, preferred a
prior claim to the appointment. Interference with political and party
affairs was the alleged cause of this non-recognition of seniority;
and the charge had some justification, as his Honour once issued an
address to the electors through the Press urging them to vote for a
Liberal candidate. Another noticeable measure was an Act to provide
for the introduction of labourers from British India. In all
thirteen measures were passed in this session, the last of the first
Parliament.
THE SECOND PARLIAMENT: 22nd July, 1863-29th May, 1867.
In 1863 the second Parliament passed twenty-seven Acts, among them
one empowering the Government to construct a railway from Ipswich to
Toowoomba, "and such other lines as may hereafter be specified," and
providing generally for the management of railways. The Inquests on
Fires Act, the Liens on Crops Act, the Trading Companies Act,
the Queensland Bank Act, the Civil Service Act--providing liberal
allowances for retiring public officers--Police, Publicans, and
Quarantine Acts, and other measures, made this a very fertile session.
In 1864 no less than thirty Acts became law, including the Gold Export
Duty Act, imposing a duty of 1s. 6d. per ounce on the precious metal.
The Immigration Act of 1864, providing for the issue of land-order
warrants by the Agent-General, instead of land orders, and generally
restricting the traffic in these instruments, was passed. The Marriage
Laws Act, the Military Contribution Act, appropriating L3,640 towards
the cost of Her Majesty's troops in the colony, the Volunteer Corps
Act, the Small Debts Act, the Roads Closing Act, the Bank of New South
Wales Act, and the Brisbane Gas Company Act, with several others,
became law. The publication of "Hansard" was begun in this year.
Twenty-two Acts were passed in 1865, among them one for the Prevention
of the Careless Use of Fire, a Selectors Relief Act, the Industrial
and Reformatory Schools Act, and eight measures amending the Criminal
law. In 1866 twenty-six measures were passed, including the Friendly
Societies Enabling Act, the Inquests of Deaths Act, abolishing
coroners' juries and providing for magisterial inquiries at a cost
of two guineas each as a fee to the presiding justice. The Standard
Weight for Agricultural Produce Act and an Act declaring Port Albany,
Cape York, a free port also became law, as well as a number of legal
statutes.
THE THIRD PARLIAMENT: 6th August, 1867-27th August, 1868.
The third Parliament commenced its career in 1867 with a list of
forty-eight Acts. The Constitution Act of 1867 and the Legislative
Assembly Act of the same year laid the foundation of the Queensland
Legislature, while the basis of our judiciary is the Supreme Court
Act, the District Court Act, the Small Debts Act, and the Jury Act,
all passed in the same session. Other important measures which
were passed were Probate Act, Succession Act, Statute of Frauds and
Limitations, Equity Act, Trustees and Incapacitated Persons Act, and
the Polynesian Labourers Act, the latter the first of a long series
of statutes legalising and regulating Polynesian labour. Most of the
others were amendments of Acts passed in previous sessions. In August,
1868, the Parliament was prematurely dissolved.
THE FOURTH PARLIAMENT: 18th November, 1868-13th July, 1870.
The fourth Parliament opened in November, 1868, and the first session
lasted till April, 1869. Only nineteen Acts were passed in the two
sessions of 1868 and 1869. In the latter year two measures were passed
to encourage the establishment of industries, one by means of grants
of land, while the other authorised bonuses for the manufacture of
woollen and cotton goods--the growth of cotton having attained some
prominence during the American Civil War in the early sixties.
The principal work of the session, however, was the passage of the
Pastoral Leases Act, and an Act to repeal the Civil Service Act of
1863, on the ground that it was imposing undue liabilities on
the Treasury. The session of 1870 only lasted for a week, and was
consequently barren.
[Illustration: IN THE SCRUB COUNTRY, KIN KIN, NORTH COAST RAILWAY]
[Illustration: ON THE BLACKALL RANGE, NORTH COAST RAILWAY]
THE FIFTH PARLIAMENT: 16th November, 1870-21st June, 1871.
The fifth Parliament lived only seven months. It met in November,
1870, and passed twenty-two Acts, among them being the University
Act of 1870, giving the Governor in Council power to establish local
examinations for degrees in connection with universities in Great
Britain and Ireland. In this year an Act legalising the collection
of border duties was passed. An Act providing for a pension of L400
a year to the Assembly's first Speaker also became law, but has not
since been used as a precedent. By the Country Publicans Act a license
for a house not within five miles of any town in which the Towns
Police Act was in force was reduced to L15. The Gold Fields Homestead
Act authorised the granting of agricultural leaseholds not exceeding
forty acres on any proclaimed goldfield. A Wages Act enabled an
employee to claim six months' pay from a mortgagee on taking over
a property. In the session of 1871 only six Acts were passed, one
repealing the proviso to section 10 of the Constitution Act of 1867
which required a two-thirds majority of both Houses to a bill altering
the number or apportionment of members of the Assembly. The other
measures of this session demand no notice here.
THE SIXTH PARLIAMENT: 8th November, 1871-1st September, 1873.
The sixth Parliament met in November, 1871, and passed six measures in
its first session, none of them of more than temporary importance save
the comprehensive Brands Act, which received the Governor's assent in
the following year. The main session of 1872 was fertile in practical
legislation, the Health Act and a Railway Act--providing for the
fixing of compensation for land resumptions by a railway arbitrator,
and empowering the Governor in Council to accept proposals for railway
construction from private individuals or corporations--becoming law
with twenty-four other measures. An Act of this year provided for the
gradual abolition of the export duty on gold; another provided for
homestead areas on liberal terms; and another for the sale of mineral
lands. A number of legal measures, all of an amending character, also
became law. And finally, a Loan Act, authorising the Government
to raise L1,466,499 for railways from Ipswich to Brisbane and from
Westwood to Comet River on the Central Railway, and other public
works, gave a new impetus to development. In 1873 the Parliament met
at the end of May, and after the session had lasted two months the
Houses were prorogued for the purpose of a dissolution. Only six Acts
were passed during the session, and those of no permanent significance
except, perhaps, an equally elaborate and Algerine Customs Act.
THE SEVENTH PARLIAMENT: 7th January, 1874-2nd October, 1878.
The seventh Parliament opened on 7th January, 1874, and the Palmer
Government, being defeated on the election for the Speakership, at
once retired. After nearly three months' adjournment to enable the new
Ministry to formulate its policy, the session was resumed at the end
of March, and eighteen public and six private Acts were passed. Among
the most important was the Audit Act, which, among other provisions,
altered the opening date of the financial year to 1st July, instead of
1st January, with the object of getting the work done during the cool
weather. But the Act failed in this respect, for Governments seldom
care to call Parliament together much before mid-July, in time to
provide for the first Treasury payments of the new financial year.
On the other hand, the Assembly members usually protract the sittings
until close to Christmas week, at whatever date the session opens.
Among the other measures passed in 1874 were the Insolvency Act,
of which Mr. S. W. Griffith was the author; the Crown Remedies Act,
providing for the conduct of suits on behalf of the Crown; a Supreme
Court Act, making provision for the appointment of a third Judge to be
stationed at Bowen, and fixing the salaries and pensions of the Judges
at the amounts still payable; a comprehensive Goldfields Act; an
Act for the protection of oysters and the establishment of oyster
fisheries; and an Act to encourage the manufacture of sugar. In 1875
sixteen Acts were passed, one of the two most important being the
Western Railway Act, providing for the reservation of the land for
fifty miles on either side of a straight line drawn from Dalby to
Roma, and the sale of such lands to pay for the construction of a
railway to connect the two towns. The other and great measure of the
session, however, was the State Education Act, the scope of which is
elsewhere explained.
In 1876 twenty-three Acts were passed, two of them being temporary
Supply Acts, measures which first became necessary with the alteration
of the date of the financial year. A Crown Lands Alienation Act,
passed this year, is noticed elsewhere, as is also the Customs
Duties Act, introducing a tariff incidentally protective. Mr.
Groom's Friendly Societies Act became law, as also did Mr. Griffith's
Judicature Act, and the Fire Brigades Act. A Municipality Endowments
Act provided a L2 for L1 endowment for municipalities during the
first five years after their establishment, and then L1 for L1. The
Department of Justice was provided for, enabling a layman to hold
the portfolio of Minister for Justice in a Ministry, and, so far as
official practice was concerned, to qualify such Minister to discharge
the duties of the Attorney-General.
In 1877, twenty-eight measures were placed on the Statute-book,
including the Navigation Act, Bank Holidays Act, Chinese Immigration
Regulation Act, an Act to punish disorderly conduct in places of
religious worship, the Victoria Bridge Act, and the first of a series
of enactments for the destruction of marsupials and the protection
of native birds. But the most important piece of legislation was the
Railway Reserves Act, which, before it was finally repealed, caused
considerable trouble in regard to the disposal of the moneys received
from the sale of land within the reserves which were set apart in the
various districts to provide funds for the construction of railways in
the several reserves.
In 1878, the last session of the seventh Parliament, only a few
measures were passed, among them, however, being the Deceased
Wife's Sister Marriage Act, the Intestacy Act, a comprehensive Local
Government Act, and a Volunteer Act. An Electoral Districts Act
redistributed the electorates of the colony, and increased the number
of members of the Assembly from 43 to 55.
THE EIGHTH PARLIAMENT: 15th January, 1879-26th July, 1883.
In January, 1879, a new Parliament opened, and the ensuing five years
contributed but a moderate number of Acts to the Statute-book. First
in political importance was the Divisional Boards Act of 1879; then
the Licensing Boards Act; the Orphanages Act; the Bills of Exchange
Act; and the Life Insurance Act, providing among other things
that after an insured person had held a policy for life assurance,
endowment, or annuity for three years his age, unless in the case of
fraud, should be deemed to have been admitted by the company, and also
protecting the interest of the assured in the event of his insolvency.
A short Act was passed requiring all moneys received under the
Western Railway Act and the Railway Reserves Act to be paid into the
consolidated revenue fund; and a Loan Act for L3,053,000 was also
placed on the Statute-book. The Local Works Loans Act, referred to
elsewhere, was also passed. The Rabbit Act, passed on the initiative
of a private member, Mr. E. J. Stevens, was the forerunner of several
measures having for their object the extermination of this national
pest. In 1880, out of the twenty-four Acts passed, four were for
appropriations, and four for private purposes. A new Pacific Island
Labourers Act became law, providing for the engagement of all
islanders under the inspection of a Government agent travelling in
the recruiting vessel, restricting the employment of the islanders to
tropical and semi-tropical agriculture, and making provision for their
payment and treatment. The Post Card and Postal Notes Act provided for
the issue of those instruments. The greatest political measure was the
Railway Companies Preliminary Act, passed with the view of inducing
capitalists to undertake railway construction in consideration of land
grants.
In 1881 fifteen Acts, exclusive of appropriations, were passed, among
which were the Macalister Pension Act, authorising the payment to
the ex-Agent-General of a pension of L500 a year; the Pearl-shell
and Beche-de-mer Fishery Act; the Sale of Food and Drugs Act, and the
United Municipalities Act. In 1882, with the exception of the Tramways
Act, nearly all the measures passed were amending Acts.
In 1883 only two measures were passed--the Queensland Stock
Inscription Act and an Appropriation Act--dissolution following
upon the defeat of the Government on the second reading of the
Transcontinental Railway Bill, which was introduced to ratify an
agreement made with a company, represented by General Feilding, under
the provisions of the Railway Companies Preliminary Act of 1880, for
the construction of a railway from Charleville to Point Parker on the
Gulf of Carpentaria.
THE NINTH PARLIAMENT: 7th November, 1883-4th April, 1888.
The ninth Parliament opened on 7th November, 1883, and the Government
resigned after being thrice defeated. Mr. Griffith became Premier, and
he at once set to work to reverse the policy of his rival in several
respects. The Assembly passed a bill to repeal the Labourers from
British India Acts of 1862 and 1882, but the Council rejected it. The
passage of the Chinese Immigrants Regulation Act (introduced by Mr.
Macrossan as a private Opposition member), which restricted the number
of Chinese passengers arriving by any vessel to one to every fifty
tons register, and imposed a landing fee of L30 per head on such
passengers, had a salutary effect in limiting this form of Asiatic
immigration. The Pacific Island Labourers Act Amendment Act further
safeguarded the interests of white workers in Queensland. The Railway
Companies Preliminary Act was repealed, and its repeal put a stop
to the negotiations which had been going on in connection with the
Transcontinental Railway under the previous Government.
The chief measure passed in the regular session of 1884 was the
Crown Lands Act, which has been dealt with elsewhere. A comprehensive
Defence Act established the principle of compulsory service in time
of war. Among other measures passed were a comprehensive Health Act,
a Bills of Exchange Act, a Wages Act, a Pharmacy Act, and the Native
Birds Protection Act; also the Patents, Designs, and Trade Marks Act.
Many of the other Acts were legal measures, but one may be mentioned
as of interest--the New Guinea and Pacific Jurisdiction Contribution
Act, which provided for the amount of annual contribution by
Queensland in the event of a British Protectorate being established
over Eastern New Guinea and other islands in the Western Pacific. An
Act of interest to civil servants was that which required all fees
thereafter received by them to be paid into the Treasury. The Acts of
this single session--the first of Mr. Griffith's Premiership--extended
over 405 pages of the then quarto Statute-book.
The Officials in Parliament Act--passed to create an additional
Minister, to readjust the division of portfolios between the two
Houses, and to render officers in the Imperial and Queensland military
and naval forces eligible to sit in the Legislative Assembly--had the
effect of bringing about an innovation not intended at the time the
Act was passed, and which had no parallel in parliamentary government
in the Empire. The passage of section 3 involved the repeal of
sections 5 and 6 of the Legislative Assembly Act of 1867, the latter
of which made it obligatory for members of the Assembly to submit
themselves for re-election upon taking office as Ministers. Curiously
enough, the effect of this repeal was not discovered until certain
Ministerial changes were made in 1893. The members of the McIlwraith
Government in 1888 and the members of the Griffith-McIlwraith
Coalition in 1890 went before their constituents for re-election; but
since the latter year the practice has ceased, and the electors have
now no opportunity of showing by their votes whether they approve or
disapprove of Cabinet changes.
The session of 1885 was also productive of much legislation. There
were a new Licensing Act containing local option provisions, a Federal
Council (Adopting) Act, and an Undue Subdivision of Land Prevention
Act, making the minimum width of new streets 66 feet, and of lanes
22 feet, and buildings were not to be erected within 33 feet of the
middle line of a lane; while suburban or country lands could not be
sold in areas of less than 16 perches. This measure put a stop to
subdivisions which could only be regarded as a grave abuse. The law
relating to parliamentary elections was consolidated and amended.
Another Act prohibited the introduction of Pacific Islanders after
31st December, 1890. Altogether eighteen measures, irrespective of
appropriations, were passed. During this and the following session a
series of conflicts arose over the power of the Legislative Council
to amend bills dealing with appropriation and taxation. In 1884 a bill
was introduced which made provision for granting to members of the
Assembly payment of expenses at the rate of L2 2s. per sitting day,
with a maximum amount of L200 per annum, and in addition payment of
travelling expenses to and from electorates once a year at the rate
of 1s. 6d. per mile. The bill was laid aside by the Council. It
was reintroduced in 1885, and again laid aside by the Council.
The Government thereupon included a sum of L7,000 in the annual
Appropriation Bill for the payment of members' expenses, and the
Council took the extreme step of amending the Appropriation Bill by
omitting this vote. After communications had passed between the two
Chambers, it was agreed to submit to the Imperial Crown Law Officers
two questions to settle whether the Council possessed co-ordinate
powers with the Assembly in the amendment of all bills, including
money bills, and the Judicial Committee of the Privy Council decided
against the Council. The following year, the Members' Expenses Bill
was passed by the Council without any attempt at amendment. The
Council having also amended the rating clauses of a Local Government
Bill in 1885, the bill was laid aside by the Assembly. It was
reintroduced next year, and again amended by the Council. Warned by
the fact that a Divisional Boards Bill had been laid aside by the
Council because the Assembly claimed that the Upper House had no
power to amend rating clauses, the Assembly accepted the Council's
amendments, but at the same time asserted their sole power of altering
taxation provisions.
In the year 1886 no less than thirty-two Acts, exclusive of
appropriations and private measures, were passed. Among them was the
Elections Tribunal Act, which gave to a Supreme Court Judge, assisted
by a panel of members of the Assembly acting as assessors, the
decision of election petitions, as the trying of such petitions before
an Elections and Qualifications Committee consisting of members of
the Assembly had proved unsatisfactory. The Members' Expenses Bill was
also passed. The important Justices Act was a measure of this session.
The Labourers from British India Acts were repealed, the repealing
measure having been rejected by the Council in the 1883-4 session,
thus closing the door to the long-desired importation of coolie labour
for pastoral holdings. Two measures of great importance to workers
which were placed on the Statute-book in this session were the
Employers Liability Act and the Trade Unions Act. The Offenders
Probation Act embodied a new departure in the treatment of first
offenders, which has since been copied by many other countries.
Another Act which proved of material assistance to the working
classes was the Building Societies Act. Several of the measures were
amendments of the work of former Parliaments.
The session of 1887, though less fruitful than the three preceding
sessions, was by no means barren. Twenty-one bills were passed, one
of which made provision for a contribution to the British New Guinea
civil list. The Divisional Boards Bill, which had been laid aside by
the Council in 1886, was reintroduced. The taxation clauses were
this year embodied in a separate bill--the Valuation Bill--and both
measures became law. An Electoral Districts Bill was also passed,
increasing the number of members of the Assembly to 72. No change has
since been made in the representation of the State. The passage of
this bill was urged as a reason for not passing the Australasian Naval
Force Bill, the Opposition contending that no important legislation
should be attempted after Parliament had agreed to a redistribution
of seats, and Sir S. W. Griffith was in this way prevented from giving
legislative force to the agreement which he had drafted, and which was
passed into law in all the other colonies before its author finally
succeeded in securing its passage in Queensland in the year 1891. The
session closed in December, 1887, but the Assembly was not dissolved
until four months later.
THE TENTH PARLIAMENT: 12th June, 1888-5th April, 1893.
The tenth Parliament opened on 12th June, 1888, and the Griffith
Ministry gave place to that of Sir Thomas McIlwraith. Only ten public
measures were passed, however, exclusive of appropriations.
The struggle of the session arose on the Customs Bill, imposing
protectionist duties, and increasing the complexity of the tariff. On
entering Parliament in 1874, Mr. Macrossan had earnestly demanded, on
behalf of the Northern miners, effectual anti-Chinese legislation,
but the attitude of the Imperial Government compelled the Queensland
Parliament to proceed warily. In 1877 an Act was passed requiring the
master of any ship to pay L10 for each Chinese passenger landed, and
forbidding more than one to every 10 tons burthen, a penalty of
L10 being imposed in each case of breach. In 1884 the number to be
introduced was further restricted to one Chinese for each 50 tons,
with a landing payment of L30, and L30 penalty for each landed in
excess of the prescribed number. In 1888 the representatives of the
various Australasian Governments met at Sydney, as, owing to the
unwillingness of the Imperial Government to give the Royal assent
to the legislation desired, there was doubt as to whether a measure
passed by an individual colony would be assented to. The conference
agreed to a bill, and the Queensland Parliament passed it in 1888, but
it did not become law until February, 1890. It placed the limitation
at one Chinese passenger to every 500 tons registered, made the
penalty on the master L500 for every Chinese landed in excess of the
number, and, in default of payment, twelve months' imprisonment, and
L100 for a master failing to report at the Customs. For failure
to supply a correct list of Chinese passengers the master rendered
himself liable to a penalty of L200 for each act of default, and L30
for permitting Chinese to land without payment of the landing tax. A
Chinaman landing illegally, either overland or by ship, was himself
liable to a penalty of L50, and, in default of payment, to six months'
imprisonment. A comprehensive Railways Act was passed, its main object
being to entrust the control of the railways to three Commissioners.
The other measures were not of permanent interest.
The session of 1889, under the Morehead Administration, was more
productive. The Totalisator Restriction Act was among the measures
passed, as was also the Trustees Act. The Civil Service Act, which
embodied superannuation provisions on the basis of a 4 per cent.
contribution from salary, was passed, but the superannuation sections
were repealed in 1894 chiefly because of the representations of
junior officers who alleged that the system was unjust. The Payment of
Members Act repealed the Members' Expenses Act of 1886, and under
it members were paid an annual salary of L300. The session was also
notable by reason of the passage of the Defamation Act, introduced
by Sir S. W. Griffith as a private member, by which journalists
were relieved of the Algerine law under which their profession had
previously been carried on.
The session of 1890 was marked by the formation of the
Griffith-McIlwraith Ministry, and the passing of twenty-seven Acts,
many of importance, one of them being the Married Women's Property
Act. The dividend duty was first imposed in this session, and
sketching fortifications was made a penal offence; but the more
important measures of this year are elsewhere noticed.
In the session of 1891 a comprehensive Water Authorities Act, which
is still in force, became law. An Act permitting solicitors to do work
for their clients by agreement was passed, as was also an Act for the
better protection of women and girls. In all thirty-eight measures,
many of them of a legal character, became law in this session. The one
of greatest importance was the Australasian Naval Force Act, to which
allusion has already been made.
In 1892 thirty-nine Acts were passed, among which was one for the
treatment and isolation of lepers; others provided for strengthening
the law penalising bakers for selling bread under weight; for
subsidising railway construction by grants of land; for the
establishment of harbour boards, and the levy of harbour dues; for
penalising the publication of indecent advertisements; for making a
person accused of an indictable offence and the wife or husband of
such accused person a competent but not a compellable witness for the
defence; for raising the Chief Justice's salary to L3,500 with a
view to securing the services of Sir S. W. Griffith; for reducing the
payment of members of the Assembly to L150 per annum; and for taxing
the receipts of totalisators on racecourses, a duty being imposed of
sixpence in the pound of money passed through the totalisators. A new
principle in rabbit legislation was introduced by an Act encouraging
pastoral lessees to destroy the pest by granting them an extension
of their leases as compensation for their outlay. The Pacific Island
Labourers (Extension) Act reversed the decision of Parliament in 1885,
and permitted the reintroduction of islanders for work in the sugar
industry. The recruiting continued from this date until terminated by
the Commonwealth legislation of 1901. This session proved a very long
one, the Houses sitting from March till November.
THE ELEVENTH PARLIAMENT: 26th May, 1893-22nd February, 1896.
The eleventh Parliament was opened on 26th May, 1893, Sir Thomas
McIlwraith being then Premier. A Ministerial crisis was produced on
the Railway Border Tax Bill, which imposed a duty of L2 10s. per ton
on every bale of Queensland wool taken across the border. Ministers
tendered their resignations, but the Governor, Sir Henry Norman,
declined to accept them. In a minute read in the Assembly, His
Excellency expressed the opinion that the vote in question did not
constitute a vote of want of confidence in Ministers, and he gave it
as his belief that on most questions of importance likely to arise
they would have the support of a substantial majority of members of
the Assembly. Consequently Sir Thomas McIlwraith continued in office,
and both Houses passed the bill. It was a retaliatory measure against
the New South Wales Railway Commissioners because of the preferential
rates conceded by them to draw traffic to Sydney that legitimately
belonged to Brisbane. The Meat and Dairy Produce Act became law in
this year; also the Sugar Works Guarantee Act, and the Co-operative
Communities Land Settlement Act, which proved an utter failure in
spite of the passing of amending Acts in the two succeeding years.
Various financial measures noticed elsewhere were also passed, these
last being rendered imperative by the banking crisis which then
paralysed industry and commerce. At the end of the session, Sir Thomas
McIlwraith's health failing him, he retired from the Premiership,
which was taken by Sir Hugh Muir Nelson.
In 1894 the session opened on 17th July, and one of the most hotly
contested measures was the Peace Preservation Bill, introduced in
consequence of the disturbances connected with the shearers' strike
in the West in 1891, and the apprehension that they would be repeated
unless drastic legislation was enacted. Its passage was strenuously
opposed by the Labour Opposition, and it was only forced through the
Assembly by the application of the closure. Violent scenes culminated
in the suspension of eight Labour members, the suspension being
followed by an appeal by the ejected members to the Supreme Court,
when that court decided that Parliament was the only tribunal for
determining matters affecting its own jurisdiction. In all thirty-six
measures were passed, but the majority were either financial
or designed to amend existing statutes which caused friction in
operation. The effort at this time seemed to be rather to pass
practicable laws than enact measures embodying so-called advanced
principles. The most noteworthy of these laws was the Agricultural
Lands Purchase Act, which authorised the purchase by the Government
of large estates at a cost not exceeding L100,000 in any one year, and
the subdivision of the land into farms.
In 1895 thirty-five Acts were the product of the session, and they
were generally characterised by the same adaptation of means to ends
that was noticeable in the preceding year. In fact, during these two
years the colonies were all suffering a recovery which did not incite
to heroic legislation for securing the rights of man, including woman.
Deserving of special mention are the Suppression of Gambling Act, and
the Railways Guarantee Act which made provision for local authorities
guaranteeing the State against loss in connection with the
construction and working of railways built under the Act. In
consequence of friction between the three Railway Commissioners, an
Act was passed in this year reducing the number of Commissioners to
one, Mr. Mathieson, the Chief Commissioner, being retained. A short
measure of considerable value was the Standard Time Act, the object
of which was to place Queensland in line with New South Wales and
Victoria by adopting the time of the 150th meridian of east longitude
as the standard time for the three colonies.
[Illustration: BARRON GORGE, CAIRNS RAILWAY, NORTH QUEENSLAND]
THE TWELFTH PARLIAMENT: 17th June, 1896-15th February, 1899.
In 1896 there was a general election, and the new Parliament opened
on 17th June. Public confidence had been fairly restored after the
financial crisis of 1893, and thirty-five Acts were passed, not one of
which was of a highly contentious political nature. Even the Factories
and Shops Act, introduced by the Government, was supported by the
Labour party; indeed, no party or section opposed it, although the
compulsory closing of shops at 1 p.m. on Saturdays throughout an area
within the radius of ten miles of the General Post Office excited much
individual opposition. Mr. Mathieson having accepted the position of
Chief Commissioner of the Victorian railways, an amending Railways
Act was passed empowering the Governor in Council to appoint a
Commissioner for three years, reducing the salary from L3,000 to
L1,500, and providing for the appointment of a Deputy Commissioner.
Mr. R. J. Gray, one of the three original Commissioners, was appointed
Commissioner, and Mr. Thallon, the present Commissioner, became his
deputy. A measure of some importance repealed the existing Payment
of Members Act, and made the new Act an integral part of the
Constitution, the salary being fixed at L300 a year. The object, as
stated by the Government, was to stop the incessant agitation that was
carried on in political circles on the one hand for an increase, and
on the other for a reduction of the salary.
In the session of 1897, Sir Hugh Nelson being still Premier, thirty
Acts were passed. There was again a remarkable absence of measures of
a party character, most of them being useful amendments of existing
laws. Of these the Elections Consolidating Act was important. The Home
Secretary, Mr. J. F. G. Foxton, deserves credit for introducing this
session the Aboriginals Protection and Restriction of the Sale of
Opium Act, the first measure for the preservation and care of our
fast-disappearing aboriginal blacks. It must be recorded with shame
that the Government of Queensland should have allowed so many years to
pass before taking steps to protect the race who had been dispossessed
of their heritage from some of the curses attendant on our
civilisation. Since 1897 the stigma no longer rests on our fair
fame, everything possible being done now to save the natives from
extinction. In this year, too, the Mareeba to Chillagoe Railway Act,
which has proved very beneficial to the Cairns hinterland, became law.
A comprehensive Land Act, occupying 110 pages of the Statute-book, was
passed, and also an amending and consolidating Trustees and Executors
Act.
The session of 1898--the last of the Parliament--opened on 26th July,
and closed on 30th December. The principal work of this session was
the passage of an amending Mining Act which greatly improved the
condition of the working miners. Other measures were an Act to
incorporate the Brisbane Technical College, and the Game and Fishes
Acclimatisation Act, providing for the proclamation of districts, for
an open season, for the issue of game licenses, and the appointment of
guardians. Sir Hugh Nelson, in consequence of the death of Sir A.
H. Palmer, had been translated to the Presidency of the Legislative
Council, and the Premiership was assumed by Mr. T. J. Byrnes on 13th
April. Mr. Byrnes died in the following September, and was succeeded
by Mr. (afterwards Sir) J. R. Dickson.
On 1st December, 1899, Mr. Dickson and his colleagues resigned in
consequence of a vote of the Assembly, and for seven days the Dawson
Labour Ministry held office, but they were defeated immediately on the
reassembling of the House. In the meantime Mr. Philp had been chosen
leader of the Opposition, and on 7th December he returned to power as
Premier with most of his old colleagues.
THE THIRTEENTH PARLIAMENT: 16th May, 1899-4th February, 1902.
The year 1899 was remarkable for the passage of two great
measures--the Australasian Federation Enabling Act, passed in a
session specially summoned for the purpose, which authorised a
referendum to be taken on the new Constitution; and the invaluable and
monumental Criminal Code Act, extending with its four schedules over
270 pages of the Statute-book. The Code was compiled by Sir S. W.
Griffith, and was afterwards submitted to the whole of the Judges of
the Supreme and District Courts before being presented to Parliament.
A bill was also passed legitimising children born before marriage on
the subsequent marriage of their parents. The other public measures of
the session were for amending purposes.
The session of 1900 was a fairly active one, thirty-four measures
being passed. A short Act of far-reaching importance empowered the
Government to enter into arrangements with the Governments of the
United Kingdom, Canada, Victoria, New South Wales, and New Zealand,
for laying a Pacific cable. By a short measure the Government were
empowered to prohibit the exportation of arms or naval stores. A great
consolidating and amending Health Act was passed; also a measure, in
connection with the appointment of Dr. Maxwell, of Honolulu, for the
establishment of sugar experiment stations. In this year the Railway
Commissioner was reappointed for three years at a salary of L2,000 per
annum, being an increase of L500. The Factories and Shops Act of 1896
was repealed, and a more comprehensive measure passed. An amending
Defence Act was passed providing, among other things, for the military
training of boys between twelve and eighteen years. An Act also became
law providing for the inspection of grammar schools by a graduate of
a British or Australian University. Another measure provided for the
holding of the first Commonwealth elections, and for the temporary
division of the State into nine electorates for the House of
Representatives election. Several bills authorising the construction
of railways to mineral fields by private companies evoked the bitter
opposition of the Labour party. To force them through the popular
House the Government were obliged to introduce an amendment of the
Standing Orders, colloquially known as the "guillotine," and to
closure the bills through the House.
In the session of 1901 twenty-seven Acts were passed. The Chief
Justice's salary, on the retirement of Sir S. W. Griffith to accept
the Federal Chief Justiceship, was reduced to its former amount of
L2,500 a year. The first legislation to eradicate the prickly pear
took place in this year. The bill was introduced by a private member,
Mr. Bell, who has always taken a keen interest in the destruction of
this pest. It was based on the principle that close settlement is the
only effective remedy, and offered inducements to settlers to select
infested lands. The Public Service Act was so amended as to constitute
the members of the Ministry for the time being the members of the
board. A measure was passed requiring every life assurance company
carrying on business in Queensland to hold L10,000 in Queensland
securities, and otherwise protecting policy-holders. An Agricultural
Bank Act was passed authorising the Government to advance to settlers
on the land loans for carrying out improvements. An Animals Protection
Act was also passed for the more effectual prevention of cruelty to
animals.
THE FOURTEENTH PARLIAMENT: 8th July, 1902-21st July, 1904.
The fourteenth Parliament opened on 8th July, 1902, twenty-seven
public measures becoming law in the first session. An amending
Aboriginals Protection Act, chiefly dealing with the sale of opium,
was passed. The sum to be paid as duty on totalisator stakes or bets
was increased to one shilling in the pound from the sixpence provided
by the Act of 1892. A Railway Act amending measure was passed
authorising the appointment of a Commissioner for a term of seven
years, and making other changes to facilitate the working of the
department. In consequence of the drought and Federal embarrassments,
the Public Service Special Retrenchment Act was passed, reducing the
salaries of public servants on a sliding scale; and an Income Tax
Bill became law, imposing a tax of sixpence in the pound upon incomes
derived from personal exertion, and one shilling in the pound when
derived from property, incomes under L100 being mulcted in 10s.,
and when not exceeding L150 L1 a year. Provision was made for the
appointment of a Government department for collecting the tax, and the
last section enacted that the tax should cease on 1st January, 1905.
The monumental Local Government Act of 1902 also became law in this
year.
The next session opened in July, and closed in December, 1903, but
in mid-September progress was suspended by a change of Ministry, the
Morgan-Kidston Government assuming office. Among the measures passed
after the change of Ministry was an Act providing that the senior
puisne Judge resident in Brisbane should be the senior puisne Judge of
the Supreme Court, and discretionary power was given to the Governor
in Council with regard to filling the vacancy created on the Supreme
Court bench through the acceptance by Sir S. W. Griffith of the
more dignified position of Chief Justice of the High Court of the
Commonwealth. The Government were subjected to severe criticism for
making no appointment, but the number of Judges was allowed to remain
at four until the appointment of Mr. Justice Shand in November, 1908.
Parliament reassembled in May following, and sat two months, when a
dissolution was granted on 21st July, in consequence of the Government
being left without a working majority.
THE FIFTEENTH PARLIAMENT: 20th September, 1904-11th April, 1907.
The fifteenth Parliament opened on 20th September following, and sat
until Christmas. Among the measures passed was a comprehensive
Dairy Produce Act providing for the appointment of inspectors; the
registration of premises, a fee being charged proportioned to the
number of cows kept; for compulsory grading of butter for export; and
for the general regulation of dairies. The Income Tax was continued,
but gave relief to persons with small incomes, though on the whole
it yielded more revenue. Owing to the exigencies of the Treasury, the
Public Service Special Retrenchment Act was continued for a further
period of nine months, but the rate of retrenchment was reduced by
one-half, and provision was made for devoting any surplus revenue
at the close of the year to the repayment to public servants of the
amounts so deducted from their salaries, and in this way they received
a return equal to 8s. in the pound.[a] A Registration of Clubs Act and
fourteen other measures were also passed.
An extraordinary session of twenty days was held in January, 1905, to
reconsider the Elections Bill, rejected by the Legislative Council
in December previously. This having been done, and the Council having
agreed to the bill, Parliament was prorogued, and met for the regular
session of the year in July following, the sittings being continued
till the Christmas holidays.
The ordinary session of 1905 was a busy one, though the measures
generally were short and of a practical nature. A distinguishing
feature of the work of this Parliament was the humanitarian and social
legislation which was placed on the Statute-book. The interests of
workers generally were conserved by the Workers' Compensation Act,
which made injuries or fatal accidents met with by employees a charge
upon the industry in which they were engaged. The comfort of a very
large number of workers in the pastoral and sugar industries was
provided for by the Shearers and Sugar Workers Accommodation Act. A
most valuable piece of legislation was the Infant Life Protection Act,
the object of which was to prevent the alarming sacrifice of infant
life in nursing homes from neglect, all such homes having to be
registered and made subject to Government inspection. An Act imposing
a penalty of L10 upon any person selling or giving tobacco or cigars
to a young person under the age of sixteen years was passed, as was
also an Act forbidding the sale or supply of firearms to a young
person under fourteen years, and also forbidding such young person to
use or carry firearms, the penalty for a breach of the Act being
L20. Another measure of interest, which was passed in response to the
request of a large number of workers, was an Act providing for railway
employees a Board of Appeal against disciplinary decisions of
superior officers. A short Act became law giving the right to women
to admission and practice as barristers, solicitors, or conveyancers.
Quite a number of other small Acts was passed, among them being a
Fertilisers Act, the object of which was to prevent loss to farmers by
the sale of fraudulent fertilisers.
The most contentious measure of the session of 1906, which opened, as
usual, in July, was the Railways Act, its principal object being to
hold the ratepayers of a benefited area responsible for all losses in
working a newly-constructed railway. It empowers the local authority
to levy a railway rate to make good the deficiency, if any, after
providing for working expenses and interest at the rate of three per
cent. on capital expended on the line. If the local authority fails to
levy and collect the railway rate, the Commissioner is empowered to
do so. An important principle of the Act requires, when lands in
a benefited area are being valued for rating purposes, that to the
capital value shall be added the enhancement through the railway
facilities provided. The object of the Act is undoubtedly good, in so
far as it discourages landowners from agitating and bringing political
pressure upon the Government in favour of railway undertakings not
justified by the prospective traffic. It was supposed that persons
desiring a new railway would hesitate to guarantee the Government
against loss through its construction, but the applications for new
lines have not been less numerous since the passing of the Act than
when the burden fell entirely upon the general taxpayer. Yet there can
be no doubt that many unwarranted undertakings have been quashed by
the liability imposed upon local landowners.
During the session there were thirty-four Acts passed, among them one
for the protection of opossums, native bears, and other wild animals
specified in the schedule, by the proclamation of a close season, and
the prohibition of the use of cyanide as poison by collectors of skins
for export. The Mining Machinery Advances Act empowered the Minister
to advance loans from moneys appropriated by Parliament to persons
or companies erecting machinery for carrying on mining operations or
treating metalliferous ores, such loans to be made on the basis of L1
for L1 of money expended by the applicant. A comprehensive Weights and
Measures Act also became law. Another useful measure was the amending
Public Works Land Resumption Act, the compensation provisions being
greatly improved. The Etheridge Railway Act also passed in this
session despite the objection of several members of the Labour party
to "syndicate" lines. The opposition of these members, however, was
not characterised by the obstructive tactics adopted in regard to
similar measures in 1908.
[Footnote a: See page 50, ante.]
THE SIXTEENTH PARLIAMENT: 23rd July to 31st December, 1907.
The sixteenth Parliament was elected in May, 1907, but none of the
three parties, into which the Assembly was divided by the cleavage
between the moderate and the extreme sections of the Labour party
consequent upon the adoption by the latter of the socialistic
objective at the Convention held earlier in the year at Rockhampton,
came back with a majority, and little legislation was found possible,
the only public Acts passed relating to Appropriations, Children's
Courts, Poor Prisoners' Defence, and an amending Income Tax measure
raising the exemption to L200, and giving other relief to taxpayers.
Towards the end of November the Government, failing to pass several
democratic measures through the Council and to obtain adequate support
from the Labour party, resigned, and Parliament was dissolved on 31st
December on the advice of Mr. Philp, who had been called on to form a
new Government from the Opposition party, and had failed to secure a
parliamentary majority.
THE SEVENTEENTH PARLIAMENT: 3rd March, 1908-31st August, 1909.
The result of the appeal to the constituencies was to leave parties
much as before, the Kidston and Labour parties being slightly
strengthened numerically, and the Philp party--the Government at the
moment--weakened correspondingly, they and the Kidston party numbering
25 each, while the Labour party were 22 strong. Mr. Philp's appeal
having thus failed, he retired, and Mr. Kidston, being recalled,
sought to secure for his Government more than casual support from the
Labour party. The House met on 3rd March, 1908. The session lasted
barely seven weeks, and among the fifteen measures which became law
were the following:--An amending Constitution Bill repealing the
provisoes to section 9 of the principal Act, the first of which
required a two-thirds vote of both Houses to any amendment for varying
the mode of appointment or number of members of the Legislative
Council; and the second, that any such amending bill should not
receive the Royal assent until it had lain thirty days on the table
of both Houses of the Imperial Parliament. Another Constitution Bill
provided for a referendum to the electors when a bill passed by the
Assembly had been twice rejected by the Council. The first of the
above-mentioned bills received the Governor's assent forthwith, but
as to the second such assent was reserved, and the bill transmitted
to England. On 19th August, however, the King's assent was
proclaimed, and the incompatibilities between the two Houses were thus
satisfactorily adjusted by a comparatively simple process. A measure
which aroused strong party feeling was a bill to amend the Elections
Act by repealing the postal voting sections, substituting provisions
to enable absent voters to vote at any polling place in the State, and
also ensuring greater secrecy by having the ballot papers from places
where a small number of votes are recorded counted in some larger
centre. A useful Land Surveyors Act was passed, requiring registration
after approval of candidates by a board to be constituted under the
Act, and prescribing a variety of other regulations for the purposes
of securing the competence and protecting the interests of surveyors
generally. Other measures placed on the Statute-book included an Old
Age Pensions Act, which has now lapsed in consequence of the passing
of a Commonwealth pensions law; an Act for the Inspection of Machinery
and Scaffolding; an amending Factories and Shops Act containing many
democratic provisions; a Wages Boards Act, which has been kindly taken
to by both employers and employed, and promises to adjust most of the
differences between masters and men; a Religious Instruction in State
Schools Referendum Act, the poll to be taken on the same day as the
polling for the first Federal election after the passing of the Act;
and an amending Technical College Act dissolving the councils of both
metropolitan technical colleges, and vesting the property and future
management in the Government. Two bills were also passed authorising
the construction of railways to the Mount Elliott and Lawn Hills
mineral fields. These bills directly led to the Labour party assuming
an attitude of open hostility to the Government, and brought the
latter and the Opposition, led by Mr. Philp, together, as the policy
put before the electors by these two parties was identical in almost
every respect.
Before the opening of the second session on 17th November, 1908, the
Kidston and Philp parties were fused into one on the common basis
of the policy enunciated by Mr. Kidston in 1907 at Rockhampton. A
reconstruction of the Cabinet preceded the meeting of Parliament. When
the session closed on 22nd December very little legislative work
had been done, most of the Government time being occupied with
consideration of the Estimates, the Labour party, which had then
become the Opposition proper, again offering obstruction to Government
measures, and again compelling resort to the closure. An important
measure of a non-party character was passed, however, for a revision
of the statute law in many important details. The most significant
measure of the session was the Loan Act of 1908, authorising the
borrowing of L3,208,000, the vote affording proof of the determination
of the Government and Parliament to enter upon a vigorous policy of
railway and public works extension.
The third session of the seventeenth Parliament opened on 29th June,
1909. The two sides of the House were so evenly balanced, owing to
several supporters of the Government having crossed to the Opposition
benches, that the majority of the Government was reduced to one.
Finding themselves impotent to transact public business, the
Government advised the Lieutenant-Governor to grant a dissolution,
provided the House would grant Supply. This was done, and His
Excellency accordingly dissolved the Assembly on 31st August.
THE EIGHTEENTH PARLIAMENT: 2nd November, 1909.
The eighteenth Parliament met on 2nd November. The Address in Reply
was adopted without division on the 5th, and Parliament at once
proceeded to the business outlined in the Opening Speech of His
Excellency the Lieutenant-Governor, a laudable desire to transact
business without unnecessary discussion being evinced. The most
important measure was the University of Queensland Act, which was
passed in time to enable the dedication ceremony to take place on 10th
December, Queensland's jubilee day. Of vital importance to Brisbane
and its suburbs was the Metropolitan Water and Sewerage Act. An
amendment of the Workers' Compensation Act and a Workers' Dwellings
Act also became law. Resolutions were also passed approving of the
construction of railways in various parts of the State.
APPENDIX E.
LAND SELECTION IN QUEENSLAND.
[OFFICIAL COMPILATION.]
The State is divided into Land Agents' Districts, in the principal
town of each of which there is a Government Land Office and Land
Agent. Plans and information respecting the quality, rents, and
prices of lands available for selection may be obtained on personal
or written application to the Land Agent of the District in which
the land is situated, or to the Officer in Charge, Inquiry Office,
Department of Public Lands, Brisbane.
Land is opened or made available for Selection by proclamation in the
_Government Gazette_. The proclamation, which is made not less than
four weeks before the time appointed for the opening, specifies the
modes in which the land may be selected, the area, rent, price, &c.
The several modes of Selection for which the law provides are--(1)
Agricultural Selections, _i.e._, Agricultural Farms, Perpetual Leases,
Agricultural Homesteads, and Free Homesteads; (2) Grazing Selections,
_i.e._, Grazing Farms and Grazing Homesteads; (3) Scrub Selections;
(4) Unconditional Selections; and (5) Prickly Pear Selections. The
more accessible lands are usually set apart for agricultural selection
in areas up to 1,280 acres, or, if pear infested, as Prickly Pear
Selections in areas up to 5,000 acres; while opportunities of
acquiring Grazing Selections in areas up to 60,000 acres are given
over a great extent of Queensland territory.
Except in the case of Scrub Selections, Unconditional Selections, and
Prickly Pear Selections, no person who is under the age of sixteen
years, or who seeks to acquire the land as the agent or servant or
trustee of another, will be allowed to select. A single girl under
the age of twenty-one years is debarred from selecting an Agricultural
Homestead, Free Homestead, or Grazing Homestead. A married woman is
not competent to select a Homestead unless she has obtained an order
for judicial separation or an order protecting her separate property,
or is living apart from her husband and has been specially empowered
by the Land Court to select a Homestead. A married woman may, however,
acquire a Grazing Homestead by transfer after the expiry of five years
of the term of lease. An alien may, under certain conditions, acquire
a selection, but, unless he becomes a naturalised British subject
within three years thereafter, all his right, title, and interest in
the land will become forfeited.
Applications for selections must be made in the prescribed form, in
triplicate, and be lodged with the Land Agent for the District in
which the land is situated.
[Illustration: FARM SCENE, BLACKALL RANGE]
[Illustration: SISAL HEMP, CHILDERS, NORTH COAST RAILWAY]
[Illustration: WOOL TEAMS, LONGREACH, CENTRAL QUEENSLAND]
They must be signed by the applicant, but may be lodged in the Land
Office by his duly constituted attorney, and must be accompanied by
the prescribed deposit. In the case of a Prickly Pear Selection the
deposit must be the full amount of the prescribed survey fee, and in
other cases, except Free Homesteads, a year's rent and one-fifth of
the survey fee. In the case of a Free Homestead application the
deposit consists of an application fee of L1 and one-fifth of the
survey fee. Ordinarily, applications take priority in the order of
their being lodged with the Land Agent, but applications lodged
_prior_ to the time proclaimed as that at which land is to be open
for selection are regarded as simultaneous with those lodged at that
time.
If land is open for Selection in two or more modes alternatively,
and there are simultaneous applications to select it under different
modes, priority among such applications is given to an application for
the land as an Agricultural Homestead as against an application for it
as an Agricultural Farm; to an application for it as an Agricultural
Farm as against an application for it as an Unconditional Selection;
and, if the land is open for Grazing Selection, to an application
for it as a Grazing Homestead as against an application for it as a
Grazing Farm.
In the case of simultaneous applications for the same land, as an
Agricultural Farm, priority is secured by an applicant, other than
a married woman or a single girl under twenty-one years of age, who,
when making application, undertakes to personally reside on the
land during the first five years of the term. In other cases of
simultaneous applications for the same land by the same mode of
selection, priority is determined by lot, unless in the case of
simultaneous applications for the same land as a Grazing Selection,
Unconditional Selection, or Prickly Pear Selection, a higher rental
is tendered than that proclaimed. In that event the tender most
favourable to the Crown secures priority.
Under the Special Selections Act land may be set apart for any body of
settlers who, having some measure of common interest or capacity for
mutual help, are desirous of acquiring land in the same locality. The
procedure to be followed is for a request to be made to the Minister
by the members of the body, explaining the grounds on which they are
co-operating and setting out the land they desire to acquire. Should
the request be acceded to, the land will be opened for selection in
the usual way, but for a period to be set out in the proclamation it
will only be available for the members of the body of settlers for
whom it has been set apart.
When an application has been accepted by the Land Commissioner
and approved by the Land Court, and the applicant has paid for any
improvements there may be on the land, he becomes entitled to receive
a license to occupy the land in the case of an Agricultural Selection
or a Grazing Selection, or a lease in the case of a Scrub Selection,
Unconditional Selection, or Prickly Pear Selection. Within six months
after the issue of a license, the selector must commence to occupy
the land, and must thereafter continue to occupy it in the manner
prescribed.
AGRICULTURAL SELECTIONS.
AGRICULTURAL FARMS.
The largest area that may be acquired by any one person as an
Agricultural Farm is 1,280 acres. If the same person is the selector
of both an Agricultural Farm and an Agricultural Homestead, the joint
areas must not exceed 1,280 acres. The purchasing price may range from
10s. an acre upwards, as may be declared by proclamation. The term is
twenty years. The annual rent is one-fortieth of the purchasing price,
and the payments are credited as part of the price.
The land must be continuously occupied by the selector residing
personally on it or by his manager or agent doing so. Within five
years from the issue of the license to occupy, or such extended time
as the Court may allow, the selector must enclose the land with a good
and substantial fence, or make substantial and permanent improvements
on it equal in value to such a fence. On the completion of the
improvements the selector becomes entitled to a lease of the farm, and
may thereafter mortgage it; or, with the permission of the Minister,
may subdivide or transfer it; or, with the approval of the Court, may
underlet it.
The selector of an Agricultural Farm, who has obtained priority by
undertaking to reside personally thereon during the first five years
of the lease, must comply strictly with that undertaking, and is
not allowed during such period to mortgage, transfer, or assign the
holding.
After five years of the term have elapsed, the prescribed conditions
of occupation and improvement having been duly performed, a deed of
grant may be obtained on payment of the balance of the purchasing
price and deed fees.
PERPETUAL LEASE SELECTIONS.
Land proclaimed to be open for Agricultural Farm Selection may also
be opened for Perpetual Lease Selection, and the latter mode may be
conceded priority of application over the former. The rent for the
first period of ten years of the lease is 11/2 per cent. on the
proclaimed purchasing price of the land for Agricultural Farm
Selection. The rent for each succeeding period of ten years shall be
determined by the Land Court. The same conditions of occupation and
improvement as are prescribed for Agricultural Farms are attached to
Perpetual Lease Selections, and, except as specially prescribed, the
provisions relating to Agricultural Farms apply to them also. As the
name implies, the selections are leases in perpetuity, and are not
capable of being converted to freeholds.
AGRICULTURAL HOMESTEADS.
Land open for selection as Agricultural Farms is not available for
Agricultural Homesteads unless so proclaimed. The area allowed to be
selected as an Agricultural Homestead varies with the value of the
land, and is fixed by proclamation within the following limits,
viz.:--160 acres in the case of land valued for Agricultural Farm
Selection at not less than L1 an acre; 320 acres in the case of land
valued at less than L1 but not less than 15s. an acre; and 640 acres
in the case of land valued at less than 15s. an acre. The price for
an Agricultural Homestead is 2s. 6d. an acre, the annual rent 3d. an
acre, and the term ten years.
The land must be continuously occupied by the selector residing
personally thereon.
Within five years from the issue of the license to occupy, or such
extended time as the Land Court may allow, the selector must enclose
the land with a good and substantial fence, or make substantial and
permanent improvements on it equal in value to such fence. On the
completion of the improvements the selector becomes entitled to a
lease, which, however, is not negotiable in any way.
At any time after five years from the commencement of the term, on the
selector proving that the conditions have been duly performed and that
the sum expended in improvements on the land has been at the rate of
10s., 5s., or 2s. 6d. an acre respectively according to the value of
the land, he may pay up the remaining rents so as to make his total
payments equal to 2s. 6d. an acre, and obtain a deed of grant of the
land in fee-simple. A deed fee must be paid.
FREE HOMESTEADS.
Land is not available for Free Homestead Selection unless specially
so proclaimed, and the area of no selection must exceed 160 acres. The
term is five years, and during that period the selector must occupy
the land by personally residing on it, and must effect improvements to
the total value of 10s. per acre. A Free Homestead cannot be sold or
mortgaged until a deed of grant is obtained.
GRAZING SELECTIONS.
GRAZING FARMS.
The greatest area which may be applied for as a Grazing Farm under any
circumstances is 60,000 acres, but, as in the case of other modes
of selection, each proclamation opening land for grazing selection
declares the maximum area which may be selected in the area to which
it applies. In the event of lands open under different proclamations
and of a total area exceeding 20,000 acres being applied for by the
same person, a rental limitation of L200 per annum must be observed as
well as the maximum areas declared by the several proclamations. Thus,
of lands open at 2d. an acre, the greatest area obtainable would be
24,000 acres; at 11/2d. an acre, 32,000 acres, and so on. The term
may be fourteen, twenty-one, or twenty-eight years, as the opening
proclamation may declare. The annual rent for the first period of
seven years may range from 1/2d. an acre upwards, as may be proclaimed
or tendered. The rent for each subsequent period of seven years will
be determined by the Land Court.
A Grazing Farm must be continuously occupied by the selector residing
personally on it, or by his manager or agent doing so.
Within three years from the issue of the license to occupy, or such
extended time as the Land Court may allow, the selector must enclose
the land with a good and substantial fence, and must keep it so fenced
during the whole of the term. In the case of two or more contiguous
farms, not exceeding in the aggregate 20,000 acres, the Court may
by Special License permit the selectors to fence only the outside
boundaries of the whole area. If the proclamation declaring the land
open for selection so prescribed, the enclosing fence must be of such
character as to prevent the passage of rabbits. In the case of a group
of contiguous Grazing Farms not exceeding eight in number, or 200
square miles in total area, and which are situated within a District
constituted under "_The Rabbit Boards Act, 1896_," the Court may by
Special License permit the enclosure of the whole area with a fence
of such character as to prevent the passage of rabbits, instead of
requiring each farm to be separately enclosed.
The selectors of a group of two or more Grazing Farms, the area of
none of which exceeds 4,000 acres, may associate together for mutual
assistance, and on making proof of _bona fides_ to the Commissioner
may receive from him a Special License enabling not less than one-half
of the whole number by their personal residence on some one or more of
the farms to perform the condition of occupation in respect of all the
farms.
When a Grazing Farm is enclosed in the manner required, the selector
becomes entitled to a lease of it, and may thereafter mortgage it; or,
with the permission of the Minister, may subdivide or transfer it; or,
with the approval of the Court, may underlet it.
GRAZING HOMESTEADS.
Land open for selection as Grazing Farms must also be open for
selection as Grazing Homesteads, and at the same rental and for the
same term of lease. As already stated, an application to select as a
Grazing Homestead takes precedence of a simultaneous application to
select the same land as a Grazing Farm. The requirements of the law
as regards Grazing Homesteads are the same as in the case of Grazing
Farms, except in the following respects:--
(1.) During the first five years of the term of a Grazing
Homestead the condition of occupation must be performed by the
continuous personal residence of the selector on the land.
(2.) Before the expiration of five years from the commencement
of the term, or the death of the original lessee, whichever
first happens, a Grazing Homestead is not capable of being
assigned or transferred. Unless with the special permission of
the Minister, a Grazing Homestead may not be mortgaged.
SCRUB SELECTIONS.
Lands entirely or extensively overgrown by scrub may be opened for
selection as Scrub Selections up to 10,000 acres in area and with a
term of thirty years. These are classed according to the proportion
covered by scrub, and for periods varying from five to twenty years,
according to the classification, no rent is chargeable. During the
first period the selector must clear the whole of the scrub in equal
proportions each year, and must keep it cleared, and must enclose the
selection with a good and substantial fence. The annual rent payable
for the subsequent periods ranges from 1/2d. to 1d. an acre. A
negotiable lease is issued to the selector when his application has
been approved by the Court.
UNCONDITIONAL SELECTIONS.
The greatest area allowed to be acquired by any one person as an
Unconditional Selection in one district is 1,280 acres; the price per
acre ranges from 13s. 4d. upwards, and is payable in twenty annual
instalments. As the term implies, no other condition than the payment
of the purchase money is attached to this mode of selection. A
negotiable lease for the term of twenty years is issued to the
selector when his application to select has been approved by the
Court. A deed of grant may be obtained at any time on payment of the
balance of the purchasing price and the deed fee.
PRICKLY PEAR SELECTIONS.
PRICKLY PEAR INFESTED SELECTIONS.
Prickly Pear Infested Selections comprise lands heavily infested with
prickly pear. The area must not exceed 5,000 acres.
The term is fifteen years, with a peppercorn rental for the first ten
years and an annual rent of one-fifth of the purchasing price for the
remaining five years. During the first ten years of the term the land
must be absolutely cleared of prickly pear--one-tenth of the pear
being eradicated during each year--and must be kept clear for the
remainder of the term. The freehold may be obtained prior to the
expiry of the term on proof being made that the land has been
maintained free from prickly pear for three years consequent on the
eradication having been completed in advance of the prescribed period.
PRICKLY PEAR FRONTAGE SELECTIONS.
Prickly Pear Frontage Selections are confined to proclaimed prickly
pear frontage areas, comprising lands free from or only lightly
infested with prickly pear, but which adjoin and do not extend for
more than seven miles from lands heavily infested. The greatest area
allowed is 5,000 acres.
The term is fifteen years, with a peppercorn rental for the first five
years and an annual rent of one-tenth of the purchasing price during
the remaining ten years. During the first five years of the term the
land must be absolutely cleared of prickly pear, one-fifth of the pear
being eradicated during each year, and must be kept clear during the
balance of the term. The freehold may be obtained prior to the expiry
of the term on proof being made that the land has been maintained free
from prickly pear for three years consequent on the eradication having
been completed in advance of the prescribed period.
PRICKLY PEAR (BONUS) SELECTIONS.
In the case of Prickly Pear (Bonus) Selections, the freehold of the
land, and a bonus in addition, are granted in return for the complete
eradication of the pear. The maximum amount per acre payable as bonus
is stated in the opening proclamation, but each applicant must lodge a
tender specifying a bonus per acre not in excess of that mentioned
in the proclamation. In the case of simultaneous applications for the
same land, priority attaches to the lowest tender. The size of the
portions opened must not exceed 2,560 acres. The term of lease is ten
years, at a peppercorn rental throughout. The land must be absolutely
cleared of prickly pear during the first seven years--one-seventh
each year--and the clearing must be maintained until the expiry of the
lease. One-seventh of the bonus payable may be claimed at the end
of each of the first seven years of the term, on proof to the
satisfaction of the Commissioner that the condition of eradication has
been complied with. If the eradication is completed at an earlier date
than is required by the conditions of the lease, the balance of the
bonus will then become payable. The freehold may be obtained prior
to the expiry of the term on proof being made that the land has been
maintained free from prickly pear for three years consequent on the
eradication having been completed in advance of the prescribed period.
OTHER MODES OF ACQUISITION.
Crown lands may be acquired in fee-simple by auction purchase in areas
up to 5,120 acres. There is no limitation to the area of freehold land
which may be held by any one person. The minimum purchasing price for
agricultural land bought at auction is L1 an acre, and for other land
10s. an acre. Terms up to ten years may be allowed, with interest at 5
per cent. per annum on instalments paid after six months from the time
of sale, or the purchaser may elect to hold the land as a lease in
perpetuity at a rental, for the first ten years, equal to 3 per cent.
of the purchasing price, and for such rent for each succeeding period
of ten years as the Land Court may determine.
Opportunity is also afforded for the occupation of Crown lands for
pastoral purposes from year to year under an occupation license, or
for a fixed term not exceeding forty-two years under pastoral lease.
There is no limitation to the area which may be held by one person
under either of these tenures.
TERMS AND CONDITIONS OF SELECTION ON REPURCHASED ESTATES.
"THE CLOSER SETTLEMENT ACT OF 1906."
AGRICULTURAL FARMS.
1. An application to select must be made in the prescribed form, in
triplicate, and be lodged with the Land Agent for the district in
which the land is situated. It must be signed by the applicant, but
may be lodged in the District Land Office by his duly constituted
attorney, and must be accompanied by a deposit of one-tenth of the
purchasing price of the land and one-fifth of the prescribed survey
fee.
2. In the case of simultaneous applications for the same land,
priority is secured by an applicant, other than a married woman or
a single girl under twenty-one years of age, who, when making
application, undertakes to reside personally on the land during the
first five years of the term of lease. In other cases of simultaneous
applications for the same land priority is determined by lot.
3. Land cannot be acquired in the interest of another person, and an
applicant is required to declare that he requires the land for his own
exclusive benefit, and not as the agent, servant, or trustee of any
other person. An alien may, on passing a reading and writing test,
acquire a selection; but unless he becomes a naturalised subject of
the King within three years thereafter, all his right, title, and
interest in the land will become forfeited.
4. The term of the lease of a selection is twenty-five years,
dating from the 1st January or 1st July nearest to the date of the
Commissioner's license to occupy the land.
5. No rent will be payable during the second, third, or fourth years
of the term. The rent payable during the remainder of the term will
be at the rate of L8 2s. 7d. for every L100 of the purchasing price of
the land, and will be allocated to principal and interest according to
the table appended hereto.
6. Within two years of the issue of a license to occupy, the selector
must enclose the land with a good and substantial fence, or make
substantial and permanent improvements on it of a value equal to the
cost of such a fence, and must within such period make application
to the Commissioner for a certificate that he has performed this
condition.
7. When the prescribed improvements are made, a lease will be issued
to the selector, and the selection may then be mortgaged, or, with the
permission of the Minister, may be subdivided or transferred, or, with
the approval of the Land Court, may be sublet, except in the case of
a selection on which the selector has undertaken to reside personally
during the first five years of the term, in which case neither the
lease nor the selector's right, title, or interest thereunder can be
mortgaged, except to the trustees of the Agricultural Bank, assigned,
or transferred during such period.
8. A selection must be occupied by the residence thereon of the
selector in person, or by his duly appointed agent, as the case may
require or permit, during the whole term or until the leasehold tenure
is determined by freehold.
9. At any time after five years' occupation the leasehold tenure may
be converted into freehold by payment of the unpaid balance of the
purchasing price. The amount payable in any year, after payment of the
rent for that year, shall be at the rate specified in the last column
of the appended table for every L100 of the purchasing price.
TABLE OF THE ANNUAL PAYMENTS TO BE MADE AS INSTALMENTS OF PURCHASE
MONEY (SHOWING PRINCIPAL AND INTEREST SEPARATELY), AND THE PAYMENT,
EXCLUSIVE OF RENT, TO BE MADE IN ANY YEAR AFTER THE FIFTH TO ACQUIRE
THE FREEHOLD OF ANY SELECTION UNDER "THE CLOSER SETTLEMENT ACT OF
1906."
----------+-----------------+----------------+-----------------+---------------
| ANNUAL PAYMENT. | Payment to be
| | made in any
+-----------------+----------------+-----------------+ Year after the
| | | | Fifth to
| Principle. | Interest. | Total. | acquire
| | | | Freehold.
----------+-----------------+----------------+-----------------+--------------
| L _s._ _d._ | L _s._ _d._ | L _s._ _d._ | L _s._ _d._
| | | |
1st year | 10 0 0 | ... | 10 0 0 | ...
2nd " | ... | ... | ... | ...
3rd " | ... | ... | ... | ...
4th " | ... | ... | ... | ...
5th " | ... | 8 2 7 | 8 2 7 | ...
6th " | ... | 8 2 7 | 8 2 7 | 98 4 2
7th " | ... | 8 2 7 | 8 2 7 | 94 19 10
8th " | ... | 8 2 7 | 8 2 7 | 91 12 3
9th " | 1 18 7 | 6 4 0 | 8 2 7 | 88 1 6
10th " | 3 14 6 | 4 8 2 | 8 2 7 | 84 7 0
11th " | 3 18 2 | 4 4 5 | 8 2 7 | 80 8 10
12th " | 4 2 1 | 4 0 6 | 8 2 7 | 76 6 9
13th " | 4 6 3 | 3 16 4 | 8 2 7 | 72 0 6
14th " | 4 10 6 | 3 12 1 | 8 2 7 | 67 10 0
15th " | 4 15 1 | 3 7 6 | 8 2 7 | 62 14 11
16th " | 4 19 10 | 3 2 9 | 8 2 7 | 57 15 1
17th " | 5 4 10 | 2 17 9 | 8 2 7 | 52 10 3
18th " | 5 10 0 | 2 12 7 | 8 2 7 | 47 0 3
19th " | 5 15 6 | 2 7 1 | 8 2 7 | 41 4 9
20th " | 6 1 4 | 2 1 3 | 8 2 7 | 35 3 5
21st " | 6 7 4 | 1 15 3 | 8 2 7 | 28 16 1
22nd " | 6 13 7 | 1 9 0 | 8 2 7 | 22 2 6
23rd " | 7 0 4 | 1 2 3 | 8 2 7 | 15 2 2
24th " | 7 7 4 | 0 15 3 | 8 2 7 | 7 14 10
25th " | 7 14 10 | 0 7 9 | 8 2 7 |
+-----------------+----------------+-----------------+-------------
| L100 0 0 | L80 14 3 | L180 14 3 |
----------+-----------------+----------------+-----------------+-------------
[Illustration: VIEW ON BARRON RIVER, CAIRNS RAILWAY]
AN ACT TO FACILITATE THE ACQUIREMENT OF SELECTIONS BY CERTAIN BODIES
OF SETTLERS.
"THE SPECIAL SELECTIONS ACT OF 1901."
PREAMBLE.
Whereas it is desirable to promote closer settlement upon the
agricultural lands of Queensland by affording to bodies of settlers
special facilities for the acquirement of Agricultural Selections
to be held in conjunction with portions in adjacent Agricultural
Townships: Be it therefore enacted by the King's Most Excellent
Majesty, by and with the advice and consent of the Legislative Council
and Legislative Assembly of Queensland in Parliament assembled, and by
the authority of the same, as follows:--
SHORT TITLE AND CONSTRUCTION OF ACT.
1. This Act may be cited as "_The Special Selections Act of 1901_,"
and shall be read and construed with and as an amendment of "_The Land
Act, 1897_," hereinafter called the Principal Act.
PROCLAMATION OF LANDS TO WHICH THIS ACT APPLIES.
2. (1.) The Governor in Council may from time to time, by
proclamation, declare any unoccupied country lands to be open for
selection as Agricultural Homesteads, or as Agricultural Farms, or
as Prickly Pear Selections, or as Perpetual Lease Selections, or as
Grazing Selections, or as Agricultural Farms to be held in conjunction
with Grazing Farms under the provisions of this Act by members of the
body of settlers in the proclamation specified.
Notwithstanding the provisions of section eighty-three of the
Principal Act, such proclamation declaring the lands mentioned therein
open for selection as Agricultural Homesteads need not also declare
such lands to be also open for selection as Agricultural Farms.
No Agricultural Homestead to be selected under the provisions of this
Act shall exceed three hundred and twenty acres.
No Prickly Pear Selection to be selected under the provisions of this
Act shall exceed two thousand five hundred and sixty acres.
No Grazing Farm to be held in conjunction with an Agricultural Farm
selected under the provisions of this Act shall exceed two thousand
acres, and the total aggregate area of the Agricultural Farm and the
Grazing Farm held in conjunction therewith shall not exceed three
thousand two hundred and eighty acres.
No other Grazing Selection to be selected under the provisions of this
Act shall exceed three thousand acres.
Such lands shall remain open for selection under the provisions of
this Act for such time as may be declared by Proclamation.
During such time such lands shall be open to be selected only by
persons who shall, at the time and in the manner prescribed, furnish
to the Commissioner for the District in which the lands are situated
proof that they are members of the body of settlers for whom such
lands have been set apart.
MAXIMUM AREA.
(2.) No person shall at the same time apply for or hold two or more
Homesteads under the provisions of this Act the aggregate area of
which is greater than three hundred and twenty acres, or two or more
Prickly Pear Selections under the provisions of this Act the aggregate
area of which is greater than two thousand five hundred acres, or
two or more Grazing Selections under the provisions of this Act the
aggregate area of which is greater than three thousand acres.
AGRICULTURAL TOWNSHIPS.
(3.) The Governor in Council may by proclamation set apart any Crown
lands in the said District as Agricultural Townships, and may cause
the whole or any part of such lands to be subdivided into portions
for purposes of residence. Such lands shall be in the vicinity of the
lands open for selection under the foregoing provisions.
The area of any portion shall not exceed ten acres.
Any selector of a selection under the provisions of this Act shall
also be entitled to one of the portions in an Agricultural Township,
which portion shall, for the purposes of this Act, be deemed to be
a part of the Selection, so that the condition of occupation may be
performed by the residence of the selector either upon the Selection
or upon the portion in the Township.
The area of the portion in the Township shall not, however, be taken
into consideration in estimating the maximum area which a selector may
apply for or hold.
IMPROVEMENTS.
(4.) In order that the selector may become the purchaser of an
Agricultural Selection under this Act, the certificate of the
Commissioner given under section one hundred and thirty-four or one
hundred and thirty-eight, as the case may be, of the Principal Act
must show that a sum at the rate of ten shillings per acre has been
expended in substantial and permanent improvements on the land.
The value of any improvements made upon the portion in the Township
shall be reckoned as part of the improvements required to be made upon
the Selection.
The provisions of this subsection do not apply to Prickly Pear
Selections or to Perpetual Lease Selections or Grazing Selections.
CONDITION OF OCCUPATION.
(5.) During the first five years of the term of the lease of an
Agricultural Farm (including an Agricultural Farm held in conjunction
with a Grazing Farm) selected under this Act, the condition of
occupation shall be performed by the continuous and _bona fide_
personal residence of the lessee on the Selection; and subsection
5A of section one hundred and thirty-two of the Principal Act shall
accordingly be applicable.[a]
(6.) During the first five years of the term of the lease of a Prickly
Pear Selection selected under this Act, the lessee shall occupy
the land; such condition of occupation shall be performed by the
continuous and _bona fide_ personal residence of the lessee on the
Selection; and during such period subsection 5A of section one
hundred and thirty-two of the Principal Act, except the last paragraph
thereof, shall be applicable to every such Prickly Pear Selection.
(7.) Notwithstanding anything in the Principal Act, or any Act
amending the same, when the proclamation opening the land for
selection so declares, lots which are not contiguous may be applied
for and held as one selection under this Act.
REGULATIONS.
3. The Governor in Council may make Regulations prescribing the manner
in which applicants for selections under the provisions of this Act
shall give proof of their qualification to become selectors, and
prescribing such other matters and things as may be necessary to give
effect to the provisions of this Act.
[Footnote a: Inter alia the subsection referred to provides
that the lessee shall not, during the first five years of the
term of the lease, mortgage, assign, or transfer the lease.]
APPENDIX F.
IMMIGRATION TO QUEENSLAND.
[OFFICIAL COMPILATION.]
ASSISTED IMMIGRANTS.
1. Immigrants approved by the Agent-General, who deposit with him
the sum of L50, shall be provided with passages by a steamer from the
United Kingdom to any port in Queensland for L5, the L50 deposit to be
returned to them on their arrival in Queensland.
NOMINATED IMMIGRANTS.
2. Persons resident in Queensland wishing to obtain passages for their
friends or relatives in the United Kingdom, or on the Continent of
Europe, may do so under the provisions of the 9th section of "_The
Immigration Act of 1882_," at the following rates:--
L _s._ _d._
Males between 18 and 40 years 4 0 0
Females between 18 and 40 years 2 0 0
Males and Females over 40 and under 55 years 8 0 0
A full description of the nominee must appear on the application form
supplied by the Immigration Department of Queensland. The application
must be signed by the nominor, who must be of full age.
The Immigration Agent or Clerk of Petty Sessions must satisfy himself
by personal inquiry that the person for whose passage application is
made is a relative or personal friend of the applicant.
Passage warrants shall be made out in duplicate. One copy, to be
marked "provisional," will be issued to the applicant and the other
copy, to be marked "final," will be sent to the Agent-General,
who will cause inquiries to be made through his agents as to the
eligibility of the persons named therein to be nominated under the
provisions of this Order.
If the Agent-General is satisfied that all the conditions of
this Order have been complied with he will, upon surrender of the
provisional warrant, issue the final warrant to the person nominated,
which will entitle him to a passage contract ticket.
A memorandum shall be printed on the provisional warrant stating that
it must be surrendered and exchanged for a final warrant at the office
of the Agent-General before a passage can be obtained.
The Agent-General will refuse to issue a final warrant to any person
named in a provisional warrant if he finds that such person is not
eligible to be nominated under the provisions of this Order, or
that the description in the application is incorrect in any material
particular, or that the nominee is otherwise undesirable.
CONTRACT IMMIGRANTS.