PUBLIC RECORD OFFICE
Reference :-
C.O. 885
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
| PUBLIC RECORD OFFICE, LONDON
Mr. SEDDON : No.
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Sir EDMUND BARTON: I should like to say a word about it to explain how in the Commonwealth it would be difficult to deal with the question, of reciprocity which affects the Federal Courts. The general legal system of each State in the Commonwealth remains untouched by the Federal Constitution, and so each State retains its power to deal with the regulation of admission to its own professions. In New South Wales, as I have said, there is no amalgamation. In Queensland there is amalgamation which has not been followed by an amalgamation in practice, but the divisions are practically retained, the mon do that which they scom to be most fitted for. In South Australia there is a complete amalgamation, and a man going to practise as a barrister and one as a solicitor enter into a partnership. I am not quite sure that that is always to the advantage of the client. In Victoria they have an amalgamation, and they call those who come under it "amalgams." In Western Australia and Tasmania they have amalgamation. That is the position in Australia. I should say that under these circumstances New South Wales among the States would have the best chance of socuring what it wants in South Africa; but I have had a cable from my colleagues to tell me there exists in Australia a strong feeling in favour of some such resolution as this; I think it might do if the reciprocal provision were introduced into it-
Mr. SEDDON: I have agreed to accept that, Sir Edmund.
Sir ALBERT HIME: The resolution says—
"Provision should be made that duly-qualified members of the "learned and skilled professions now admitted and hereafter to be admitted to practise in the Dominion of Canada, the Commonwealth "of Australia, and in New Zealand, be allowed to practise within the
newly-acquired territories.”
C
The SECRETARY OF STATE: I think that the object would be attained if we took the resolution exactly as it stands :--
*
"That in arranging for the administration of the portion of the Empire known formerly as the South African Republic and the Orange "Free State, provision should be made that duly-qualified members of "the learned and skilled professions now admitted to practise in the
Dominion of Canada, the Commonwealth of Australia, and in New Zealand, be allowed to practise within the newly acquired territories referred to on condition of reciprocal treatment of the Colonies concerned."
Sir ALBERT HIME: Why should it be limited to those three Colonies ?
Mr. SEDDON: I have no objection to include Natal and the Cape Colony.
Sir WILFRID LAURIER: I have a very strong objection to put this resolution upon the record of this Conference. This is a conference of the self-governing Colonies. These Colonies, which it is sought to affect by this motion, are not represented at this Board. They are Crown Colonies now, and, for my part, I think it is questionable wisdom, however meritorious the end may be, to attempt to dictate or suggest what should be done in these countries which are in an exceptional condition. I think it would be far botter to confine ourselves to the Colonies we represent on this Board in their relations with the Mother Country. It might serve a good purpose if there were reciprocity, but we know the conditions in my own country, as Mr. Fielding has just explained. We have not yet been able to reconcile our own differences from province to province so as to get an uniform system. Under these circumstances, how can we expect that conditions which prevail in one country or another can be accepted elsewhere? For my part, I am very strongly of opinion that we should leave this question entirely to the responsibility of the Government concerned, both of the Transvaal and the Orange River Colony.
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Sir EDMUND BARTON: I would suggest that no resolution be come to at the present moment for this reason: I, for one, could not give any opinion which would bind the six individual States of Australia in the matter of reciprocity within their courts if their interests would be affected by any such resolution. Should not the views of their Agents-General be got?"
The SECRETARY OF STATE: It does not pledge you; it does not bind you; the effect of the resolution is merely that in the opinion of the Conference it is desirable that this privilege should be granted to those Colonies which do give reciprocity, but it does not force anybody to give reciprocity.
Sir EDMUND BARTON: There is considerable sensitiveness on the part of the several States in the Commonwealth, and as I have no desire to trond on their toes, I do not want them to acquire that impression from my
movements.
Sir ALBERT HIME: It must be remembered that tho qualifications in various countries for admission to the professions vary, the qualifications vary in each Colony, and the qualifications perhaps in New Zealand, Canada, or Australia, for admission to the learned professions or to practise as doctors or dentists, or in any other profession, may be entirely different from the qualifications in the Transvaal. Unless the qualifications are made uniform I do not see how we can ask that there should be reciprocity in admission to practise.
Mr. SEDDON: That is a matter of arrangement between the parties who are reciprocating, if their conditions are uniform.
put tho
The SECRETARY OF STATE: I do not know whether I am to question in this form or not, perhaps I had better, in the first instance, put the question in this form. That the question bo now put."
Mr. SEDDON : Before you do that, Sir, I do not think that Sir Wilfrid Laurier objects to tho motion being general in its application. Before, reciprocity would take place it would have to be an arrangement between the parties governing in the Orange Free State and territory or new Colonies which were originally the Orango Free Stato and the Transvaal, and I think for myself in respect of this territory of thes. two Colonios there are exceptional circumstances which do not apply to any of the other Colonies. There has been in connection with the Empire a welding together by the action taken, which would in my opinion be further strengthened if we were to agree with respect to the practice of these professions. I lay, myself, great stress upon it. I do not think myself that it would be fair that you aro going to give the preference, as they undoubtedly have to those practising the skilled professions coming from the Mother Cuntry and those coming from Australia, Canada, and New Zealand, Natal or the Capo of Good Hope should be barred. That roally would be the effect, and after that expression of opinion on my part, I hope my friend, Sir Wilfrid Laurier, will not press his objection.
Sir EDMUND BARTON: I have personally a strong opinion in favour of some such resolution. All I wanted to do was to make it clear that in giving any support to this Resolution I was dealing only with the interests of those who might be entitled to praciiso in the Federal Courts as distinct from the State Courts.
Mr. SEDDON: As to Natal and the Cape, they are not mentioned in the Resolution. Of course, I took it for granted that probably thoro were spocial arrangements for federation later on, which I should have no objection to. I do not wish to exclude them or any part of His Majesty's Dominions.
Mr. FULLER: I think that if any formal Resolution of this kind is passed, then Natal and the Cape Colony should certainly be introduced. It goes without saying..
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