It is a noteworthy fact that the four Provinces, New South Wales,

Victoria, South Australia, and Tasmania, which decided in favour of

popular election of the delegates to the new Federal Convention and the

subsequent approval or rejection of the Draft Constitution by a direct

popular vote, are those in which the Ministry advocate a plebiscite for

the settlement of disputes between the two Houses of Parliament. The

acceptance of the Federation Enabling Bill by the Legislative Councils

of these Provinces must weaken the moral force of their opposition to

the plebiscite, as it may reasonably be argued that, if the people can

be trusted to give an intelligent vote upon the most important of all

Australian problems, they can still more be trusted to deal with any

question of current politics. In Tasmania Ministers are {177}

confronted with a Legislative Council which continually amends, as well

as rejects, their financial proposals, justifying its attitude upon the

wording of the Constitution Act of 1854. The section in question

states that "all Bills for appropriating any part of the revenue or for

imposing any tax, rate, duty, or impost shall originate in the House of

Assembly, and it shall not be lawful for the House of Assembly to

originate or pass any vote, resolution, or Bill for the appropriation

of any part of the revenue, or of any tax, rate, duty, or impost for

any purpose which shall not have been first recommended by the Governor

to the House of Assembly during the session in which such vote,

resolution, or Bill shall be passed." As the right of amendment is not

specifically withheld, as in the Victorian Constitution, the

Legislative Council assumes its possession. The case for the

plebiscite was put by the Premier and the Treasurer upon the second

reading of the Bill. Sir Edward Braddon stated that the financial

privileges of the Assembly had continually been infringed by the

Council, and that, on one occasion, in reference to the Drawbacks Bill,

they had almost assumed the power of initiating a money vote.

Curiously enough, the principal question mentioned by him as suitable

for the application of the plebiscite was that of Female Suffrage,

which, introduced as a private measure, had been rejected by the

Council after he had failed to secure its defeat in the Assembly. In

the {178} preceding session, he said, the Assembly had vainly asked the

Council to agree to a joint dissolution of both Houses when a Bill had

twice been rejected and a General Election had intervened. A similar

measure, passed in South Australia in 1881, had operated most

successfully, its mere presence on the Statute Book having put an end

to the deadlocks which had previously been of constant occurrence. It

is probable, however, that the comparative absence of disputes has

mainly been due to the democratisation of the Council, which has

brought it into close touch with the feeling of the Assembly; and that,

in Tasmania, where the electors for the Council are only one in five of

those for the Assembly, a joint dissolution would produce little change

in the _personnel_ of the former body. The Treasurer, Sir Philip Fysh,

treating the subject historically, pointed out that the Council had

thrown out year after year votes, first passed in 1863, for the

expenditure of L103,000 upon the construction of roads and bridges, and

had several times rejected the Launceston and Western, Hobart and

Launceston, and Mersey and Deloraine Railway Bills. They had three

times refused to accept a Bill for the re-assessment of the land of the

Province with a view to the imposition of a tax on unimproved values.

As regards its opposition to the proposed expenditure of borrowed money

upon the construction of railways, roads and bridges, it would appear

that the Council in most cases acted {179} wisely, and that the

Province would have been benefited if it had persisted in its

opposition. The total public debt at the end of June, 1896, was nearly

L8,150,000, exclusive of L215,000 in temporary Treasury Bills and

L250,000 in Local Inscribed Stock, and entailed an annual liability for

interest of L313,000. Towards this amount, the works which should be

directly reproductive, such as the railways and the postal and

telegraphic services, returned a net revenue, after payment of working

expenses, of only L26,000. It may be contended, of course, that the

country could not have been developed in the absence of a large

expenditure; but, as the liability forms a heavy burden upon so small a

population--a burden, indeed, which might have become almost unbearable

but for the valuable discoveries of minerals--the Council seems to have

had abundant justification for its efforts to check the extravagant

tendencies of the Assembly. The Ministry, after passing the second

reading of the Bill in the Assembly by a small majority, withdrew it,

as there was no possibility of getting it through the Council; its

introduction appears to have been due to the desire that it should be

discussed at the pending General Elections. The principal clause

provided that "any Bill which shall be passed by the House of Assembly

in two consecutive sessions of Parliament, and which shall be rejected

by the Legislative Council in each of {180} two such consecutive

sessions, may be submitted for the approval of the people of Tasmania

by means of a general poll of, or referendum to, the electors for the

House of Assembly." An interval of not less than six weeks was to

elapse between the two sessions, and where a Bill had been amended by

the Council, the Assembly was to be vested with the final decision

whether the amendments effected such substantial alterations as to be

tantamount to a rejection, and might present an address to the Governor

requesting that a Bill which had been rejected twice or substantially

altered might be submitted to a general vote of the electors. A bare

majority of the votes so recorded was to be sufficient to secure the

enactment of the measure subject to the constitutional rights of the

Governor.

The placid progress of the Session was impaired by the introduction of

a private railway Bill, which led to many nights of contentious debate

and much hostility among the various sections in the Assembly. All the

railways are owned by the State with the exception of a few short lines

in the Northern and Western portions of the Province which have been

constructed by Mining Companies without any concessions from the

Government. During recent years the Western district has become an

important mining centre, and should, in the opinion of most Tasmanians,

be connected by railway with either Launceston or Hobart. But the

condition of the {181} finances is such, as has already been seen, that

the Government cannot venture to undertake the construction of further

public works unless it can be shown that they will immediately give an

adequate return upon the outlay. The small surplus of the last two

years was obtained at the cost of rigid retrenchment and high direct

taxation, an income tax of eightpence in the pound upon incomes derived

from personal exertion, and a shilling upon those derived from

property, and a land-tax of a halfpenny in the pound upon the capital

value of land. It, therefore, became necessary, if the construction of

the line or lines were not to be postponed indefinitely, that the aid

of private enterprise should be invoked and that concessions should be

offered which would be sufficient to attract private capitalists.

In 1895 a Bill was passed which authorised the Van Diemen's Land

Company to construct a railway of about forty miles in length, which

would place the West Coast in communication with Emu Bay in the North.

At a distance of eighteen miles from the latter place is Ulverstone,

which is directly connected with Launceston, and the Government have a

balance from loan funds which may be devoted to the construction of a

railway across the intervening space. The inducement offered to the

Company was the right to mark off, within certain areas, twelve blocks

of 320 acres of mineral land, which would be granted to them upon the

{182} completion of the railway. They were limited in the charges

which they might make for the carriage of passengers and the conveyance

of merchandise, were to pay a royalty of 2-1/2 per cent. upon the gross

value of all minerals obtained by them in addition to the statutory

income tax of one shilling in the pound, and were to be liable, after

the expiration of twenty-one years, to the resumption of the railway

and all its appurtenances by the Government at the price of 20 per

cent. above the actual cost of construction. At the end of 1896 the

Company had not taken the initial steps towards the commencement of the

undertaking.

The proposal made by a Victorian Syndicate and submitted to Parliament

during the session of 1896, aimed at the connection by railway of the

West Coast with some point on the State lines in the South. In return

for the construction of the railway, which would be about a hundred

miles in length, the promoters asked for a concession of large areas of

land along its proposed route and for considerable rights to make use

of the rivers in its vicinity, which are running to waste in the

greatest abundance, as sources of electrical energy. As the railway

would, admittedly, be worked at a loss for many years, they based their

hopes of a profit upon the probability of the discovery of minerals and

upon the generation of electricity, which they would either use

themselves or dispose of to companies mining on land belonging to the

{183} State. The district in question, it may be stated, is believed

to be of little agricultural value, but to be likely to carry minerals,

though it has not adequately been prospected. After its second reading

the Bill was referred to a select committee, which made reductions in

the concessions, and these were further reduced, after prolonged

debate, upon its reconsideration in the Assembly. I have mentioned

these details in order to show that, while the State was not in a

financial position to undertake the direct construction of railways

deemed to be necessary for the development of the resources of the

country, the Assembly was not unmindful of the interests of posterity,

and sought to reduce the inevitable concessions to the lowest possible

point.

{184}

VIII

_FEMALE SUFFRAGE_

I do not propose, in the present chapter, to discuss the hackneyed

arguments for and against female suffrage, but to indicate the progress

of the movement in the several Provinces of Australasia, and to note

some of the results of the adoption of adult suffrage in South

Australia and New Zealand.

As regards the other Provinces, we are bound to consider the existing

franchise for the election of members of the Assembly in order to

realise what would be the effect of extending it to women upon similar

terms. In Victoria manhood suffrage would be superseded by adult

suffrage; in New South Wales and Western Australia, where residence of

three and six months, respectively, forms a qualification, the vast

majority of women would obtain a place on the rolls; but in Tasmania

and Queensland the right to exercise the franchise would be confined,

practically, to widows and women of independent means.

{185}

We are also bound to take into consideration the constitution of the

Legislative Council in order to gauge the full significance of female

suffrage. If it is elective, as the electors must be qualified as

freeholders, leaseholders, or occupiers, the vote would be confined to

women of independent means and widows or spinsters in personal

occupation, and, while the wife and daughters of the poor man would

necessarily be excluded from the register, those of the rich man might,

as has been done in South Australia, receive special gifts of freehold

property which would be sufficient to render them eligible. To this

extent, therefore, as in Tasmania and, to a small degree, wherever

plural voting is allowed, female suffrage would constitute a new

property vote. Similar conditions would not prevail when the members

of the Council are nominated upon the recommendation of Ministers who

are subject to the control of the popular representatives.

It is probable that Victoria will be the next Province to follow the

example of South Australia and New Zealand. A ministerial measure

which would have introduced female suffrage, though only in the

constituencies of the Assembly, has twice been passed by that House.

On the first occasion it was rejected by the Council, on the second it

was laid aside on the ground that it had not been approved by the

absolute majority which is required in the case of amendments of the

{186} constitution. Both Bills were rendered distasteful to the

Council by the inclusion of a provision for the abolition of the plural

vote, but it is unlikely that the first would, apart from that fact,

have been accepted. Many members of the Council, I was told, are

favourable to female suffrage, but would have voted in accordance with

their opinion that important constitutional changes should not be

passed until they have been placed before the electorate. As the life

of the Assembly may not exceed three years, the reference need not long

be delayed.

In Tasmania, in 1896, the House of Assembly passed a private Bill

containing a similar limitation to that in the Victorian measure, and

was equally unable to secure the concurrence of the Council. A

resolution in favour of female suffrage has been adopted by a large

majority in the Assembly of New South Wales, but the question has not

been taken up by either of the recognised parties. The Premier may be

reckoned as a personal supporter, but declines to move in the matter in

view of differences of opinion in the Cabinet. Neither in Western

Australia nor in Queensland does the subject arouse much interest.

Such is the state of feeling in five of the six Australian Provinces.

In South Australia an arduous contest was concluded in 1894 by the

passage of an Act which placed women upon an absolute equality with men

in the right to vote for {187} members both of the Assembly and of the

Council. It is unnecessary to trace the history of the agitation which

may be said to have commenced in 1888 upon the formation of the Women's

Franchise League, though a Bill for the enfranchisement of women of

property had previously been introduced. Thenceforward it was pursued

vigorously, and culminated in 1893, when the Government pronounced in

favour of adult suffrage. But the difficulties were not at an end: the

Bill of that year was wrecked, mainly because its adoption was to be

dependent upon an affirmative plebiscite; reintroduced in the following

year without the obnoxious clause, it was passed through both Houses of

Parliament, though only by the bare statutory majority in the Assembly,

and shortly afterwards received the Queen's assent.

During the course of the debates the Premier, who holds the portfolio

of Attorney-General, said that, if women were entitled to vote, they

would have the right to sit in Parliament, and the Assembly, by

twenty-eight votes to eight, refused to exclude them. A doubt has

since been expressed, which is not shared by the Ministry, whether they

are qualified to be elected to the Council. I have not had the

opportunity to read the arguments, which concern the interpretation of

several statutes, but they would be of no great interest, the main

point being that Parliament intended to enable women to sit in both

Houses. {188} In New Zealand, on the other hand, the enfranchising Act

of 1893 expressly denied to women the right of election to the House of

Representatives or nomination to the Council; and the succeeding House,

though elected under adult suffrage, refused to go back upon this

decision. The subsequent proposal of the Premier that women should be

eligible for nomination to the Council, was intended, I believe, partly

as a bid for their support, partly as a means of casting ridicule upon

the non-representative body.

The first elections in South Australia under the new franchise were

held early in 1896, and, apart from a few rural constituencies in which

the issues were personal rather than political, were contested under

three recognised programmes. The National Defence League, or

Opposition, mentioned in its programme no items which were likely to be

especially attractive to the female voters, and treated as open

questions temperance legislation, and religious instruction in State

schools; the Labour platform, with discreet vagueness, advocated any

equitable and reasonable claims of women for the amendment of the laws;

and the Ministerial policy, as enunciated by the Premier, included an

amendment of the Licensed Victuallers' Act in the direction of greater

local control over licenses, and various measures of social reform, of

which the principal were the raising of the age of consent, the

simplification of the remedies of deserted wives, {189} and the

restriction of the importation and sale of opium. It should be

mentioned, however, that, as the Labour Party are united in a close,

though independent, alliance with the Government, the supporters of the

one in many cases voted for the candidates of the other. In several

constituencies a Ministerialist and a Labour man contested the two

seats and received jointly the assistance of both parties.

As the Women's Franchise League had been dissolved upon the attainment

of its purpose, the only organisation which interested itself,

specifically, in the female voters was the W.C.T.U., which, having

drawn up a scheme of reforms, suggested that it should be used as a

basis for ascertaining the views of candidates, but did not seek

directly to influence the votes of its members though leaning,

undoubtedly, to the side of the Government. Its efforts to instruct

women in the method of voting enabled returning officers to

congratulate them on their knowledge of the business. From personal

observation I can bear witness to the extreme orderliness of the

proceedings, both during and after the poll.

The elections resulted in a slight accession of strength to the ranks

of the Ministerialists and Labour members. As these are very Radical,

the majority of women, contrary to the expectations of many, had failed

to display Conservative predilections. It would seem, indeed, if we

take also {190} into consideration the result of two General Elections

in New Zealand, that their so-called Conservatism takes the form, not

of an aversion from advanced legislation, but of a disinclination to

bring about a change of Ministry. Under masculine influences, South

Australia had forty-two Ministries in forty years; women entered the

arena and a Ministry which had held office for three years was again

returned to power. An allowance must, of course, be made for a feeling

of gratitude to those through whom the privilege of the vote had been

obtained. Equally wrong was the anticipation that the women would be

found to be subject to clerical influences. At the instigation of

those who were under this impression, the electors were invited, under

a direct reference, to say whether they desired the introduction of

religious instruction in State schools during school hours and the

payment of a capitation grant to denominational schools for secular

results. Both questions were answered emphatically in the negative,

the second by a majority of more than three votes to one. The W.C.T.U.

was in favour of religious instruction, but strongly opposed to the

capitation grant.

The general conclusion formed after the elections was that, in the vast

majority of cases, the women had voted in the same way as their

masculine relatives, and that domestic harmony had not been disturbed.

It was impossible to obtain definite data, as the Premier refused,

rightly enough, to sanction {191} the issue of different voting papers

for the two sexes. But, even if the female franchise merely increased

the number of votes and did not affect the result of the elections, it

does not follow that it has been nugatory.

Members who have to consider the wishes of female as well as male

constituents will shape their actions accordingly. The effects of this

influence cannot yet be studied fully in South Australia, as they were

not manifested, to any great extent, in the first session of the new

Parliament. A Licensed Victuallers' Act was passed, as had been

promised by the Premier, which instituted local control over the issue

of licenses, but provided, in accordance with statutory enactment, that

the refusal of licenses, or reduction in their number, should be

accompanied by compensation to the parties directly interested. As the

Province has a steadily growing industry in the cultivation of the

vine, Prohibitionists will be met by a serious obstacle to their

crusade. In pursuance of an _ad feminas captandas_ agitation for the

prohibition of the employment of barmaids which had been carried on

during the elections, the Assembly inserted a clause in the Bill which

prohibited their employment after a certain number of years, but

submitted to its excision by the Council. A Bill which would have

given to widows a legal right to one-third of their deceased husband's

property was discussed, but allowed to lapse. The Franchise Act, I

should have stated, {192} allowed a female elector, upon the completion

of certain formalities, to vote through the post if she would be absent

from her home on the day of the election, a privilege already accorded

to men, or if she were resident more than three miles from the nearest

polling place, or, by reason of the state of her health, would probably

be unable to vote at the polling place on the day of the poll. This

provision, which permitted open voting, was found to have led to

abuses, and the Government passed an amending Act which withdrew all

the supplementary privileges except the last, and required absent

voters to fill in the paper at a postmaster's office and without

supervision. As I was not in South Australia during the session, I am

unable to give more than a brief summary of the proceedings which may

be connected, directly or indirectly, with the extension of the

franchise to women.

But when we turn to New Zealand, where a House elected under adult

suffrage has fulfilled its allotted term of three years, we may expect

to find more definite results. In that Province, as in South

Australia, women were enfranchised by a House which had received no

popular mandate to that effect; in fact, the matter had scarcely been

discussed in the constituencies, though attention had been drawn to it

by the advocacy of several successive Premiers. In 1892, however, a

new Electoral Bill, which conferred the franchise on all adult women,

was passed by the House of Representatives {193} and accepted by the

Council subject to the insertion of a clause which absolved women in

some cases from attendance at the polling booth. The Government

refused to accept the amendment, and the Bill lapsed for the session.

In the following year it was reintroduced in the original form, and was

passed by both Houses, though only by a slender majority in the

Council. The Act contains the striking and, as far as I know, unique

provision that the names of voters who have not exercised their

privileges are to be erased from the rolls, though a claim for

reinstatement may be made at the next periodical revision.

The elections, which took place at the end of 1893, aroused widespread

interest in the members of the fair sex, of whom nine out of every

eleven who were registered went to the poll and proved conclusively

that, though the desire for the vote might not have been general, women

would not refrain from its exercise. With the help of their lords and

masters, they falsified the expectations of those who had anticipated a

reaction in favour of Conservatism, by retaining in power, with an

increased majority, a Government which is, in some respects, even more

Radical than that of South Australia. So complete was the defeat of

the Opposition that it was reduced to a remnant of twenty members in a

House of seventy-four. Another important feature was the return of a

body of Prohibitionists who aimed at legislation which would enable the

electors {194} in a locality to close all the public-houses by a bare

majority. As they sat on both sides of the House, they did not affect

the numerical strength of the two parties, but constituted a force

which it was impossible for the Government to ignore. But while the

consequent liquor legislation and the increased prominence of the

temperance movement are the principal effects of the extension of the

franchise to women, other measures of considerable importance are

connected with the new factor in the sphere of politics.

Some of these would, doubtless, have been passed in any case. The

Shops and Shop Assistants Act of 1894, for instance, which limits the

total number of hours in a week, and the number of consecutive hours in

a day, during which women and persons under eighteen years of age may

be employed in a shop, and requires shopkeepers to provide sitting

accommodation for their female employes, was passed by the preceding

House of Representatives, and would have become law but for its

rejection by the Council. Similarly, the greater stringency in the

limitation of the hours of employment of women and young persons in

factories, the exclusion of young persons from certain dangerous

trades, and the prohibition of the employment of women within a month

of their confinement, all of which were included in the Factories Act

of the same year, might have been expected in the natural progress of

industrial legislation. The appointment of women, {195} also, as

inspectors of factories, gaols, and asylums is in accordance with the

recent practice of other countries. The same may be said of the Infant

Life Protection Act, which seeks to prevent baby-farming, and of Acts

dealing with the adoption of children and with industrial schools,

though it is probable that their passage has been hastened by a

knowledge of the approval of the female voters. Their influence is

also seen in measures such as the raising of the age of consent to

sixteen, in a country, be it remembered, in which girls come much more

early to maturity than in England, the permission accorded to women to

be enrolled as barristers and solicitors, and the simplification of the

procedure where a judicial separation is desired. Parliament has

discussed, but without legislative results, proposals that the sexes

should be placed on an equality as regards the grounds for a divorce,

and that a divorce should be obtainable if either party become insane

or be sentenced to a long term of imprisonment.

But we can trace the influence of women most directly in the desire of

the Premier, to which I have referred, to render them eligible for

nomination to the Council, and in the attempts to put an end to the

legal sanction accorded by the State to betting, immorality, and drink.

In these matters members are face to face with the most pronounced

opinions of their female constituents.

The prevention of gambling is sought through the {196} suppression of

the totalisator, which was legalised in 1889. In the following years,

it is admitted, the number of licenses issued was in excess of the

requirements of the population, and it was felt, even by the advocates

of the machine, when a strongly supported effort was made in the House

of Representatives to abolish it, that a concession was inevitable. In

its final form the measure reduced by one-third the number of licenses

which might be issued thenceforward, and prohibited all persons from

betting with minors and from laying or taking odds dependent upon the

dividend paid by the totalisator.

The female voters are even more anxious to secure the repeal of the

C.D. Act, though it has for several years been a dead letter. It only

applies to districts which the Government declares to be subject to its

provisions, and no Ministry at the present time would venture to

recommend its application nor Municipal Council to proffer such a

request. But the women will not be satisfied until they have expunged

from the Statute Book an Act which they declare to be a disgrace to New

Zealand. Their purpose would have been effected by a short measure

which was passed by the House of Representatives but rejected by the

nominated Legislative Council, which is less amenable to public

opinion. They have also inspired the Government to greater stringency

in the administration of the law against keepers of houses of ill-fame,

which has led, {197} according to common report, to a large increase in

the prevalence of venereal diseases.

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