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ve Council, composed of wealthy men, who had been elected by the wealthier part of the community, thought, after careful decision, that any such plan would ruin the commerce of the colony without much benefiting its industries. They therefore rejected the proposed bill. M'Culloch tried to persuade them to pass it, but they were obstinate. He then resorted to a trick which is in itself objectionable, but which is perhaps excusable when the great body of the people wish a certain thing and a small body like the Legislative Council are resolved to thwart them. It is part of our constitutional law that all bills dealing with money matters must be prepared in the Lower House; the Upper House can then accept them or reject them as they stand, but is not allowed to alter them. Now, once a year Parliament has to pass a bill called the Appropriation Act, by which authority is given to the Government to spend the public money in the various ways that Parliament directs. In 1865 M'Culloch put the whole of the Protective Tariff Bill into the Appropriation Act as if it were a part of that Act, though really it had nothing to do with it. The Legislative Assembly passed the Appropriation Act with this insertion. The Legislative Council now found itself in a most unlucky position. If it passed the Appropriation Act it would also pass the Protective Tariff Bill, which it detested. But if it rejected the Appropriation Act, then the Government would have no authority to pay away any money, and so all the officers of the State, the civil servants and the policemen, the teachers, the gaolers, the surveyors and the tide-waiters, would all have to go on for a year without any salaries. There was no middle course open, for the Council could not alter the Appropriation Act and then pass it. Whether was it to pass the Act and make the protective tariff the law of the land; or reject it, and run the risk of making a number of innocent people starve? It chose the latter alternative, and threw out the bill. The whole country became immensely excited, and seemed like one debating club, where men argued warmly either for or against the Council. Matters were becoming serious, when the Ministry discovered an ingenious device for obtaining money. According to British law, if a man is unable to obtain from the Government what it owes him, he sues for it in the Supreme Court; and then, if this Court decides in his favour, it orders the money to be
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