an attempt to transfer all powers of legislation to the 

 Commonwealth in violation of State rights,"— with what 

 success remains to be seen. 



The Constitution Act, 1900, in relation to Trade and 

 Commerce.— The provisions of the Constitution Act, 1900, 

 which appear to need our present attention, consist of 

 Section 51, which provides that the Commonwealth Parlia- 

 ment shall have power (subject to this Constitution) to 

 make laws with respect to: — 



(Sub Section 1).— "Trade and commerce with other 



countries and among the States." 

 (Sub Section 11). — "Insurance, other than State insur- 

 ance; also State insurance extending beyond the 

 limits of the State concerned." 

 (Sub Section 20). — "Foreign corporations, and trading 

 or financial corporations formed within the limits 

 of the Commonwealth." (i.e., formed under State 

 laws). 

 Now it will be evident that whether we regard insurance 

 as possibly a branch of "trade and commerce," which is 

 carried on by "trading or financial corporations" known 

 as insurance companies, under State laws; or must consider 

 it as a separate business altogether, it comes within the 

 specific power of the Federal Parliament, although not 

 included among those matters relative to which that 

 Parliament has exclusive power of legislation. Insurance 

 is not a business usually undertaken by individuals, but by 

 corporations. 



Regarding corporation* in general.— We consequently 

 need first of all to consider the peculiar nature of the unit 

 which we term a company or corporation. It has been 

 pointed out incidentally that "One of the marked charac- 

 teristics of modern life is the creation of corporations for 

 all kinds of business enterprises. The strength of such 



