Having failed with the
1911 referendum, the
Attorney-General,
Billy Hughes, tried again, breaking each of the changes into separate questions. The changes were said to be necessary because the Commonwealth's powers had been cut down by successive decision of the
High Court in applying the
inter-governmental immunities and
reserved state powers doctrines until they were said to be futile. The cases referred to by the Attorney-General were: ::*
Union label case (1908) - trade marks ::*
Huddart, Parker & Co Ltd v Moorehead (1909) - control of corporations ::*
SS Kalibia v Wilson (1910) - navigation power ::*
Melbourne Steamship Co Ltd v Moorehead (1912) - trade & commerce power ::*
Railway servants Case (1906) - State railways employees could not be part of an interstate industrial dispute ::*
Jumbunna Coal Mine NL v Victorian Coal Miners’ Association (1908) - appeal from the Court of Conciliation and Arbitration ::*
R v Commonwealth Court of Conciliation and Arbitration; Ex parte BHP (1909) - prohibition against the Court of Conciliation and Arbitration ::*
Federated Sawmill Employees Association v James Moore & Sons Pty Ltd (1909) - federal award could not be inconsistent with a State wages board determination ::*
Australian Boot Trade Employees' Federation v Whybrow & Co (1910) - Court of Conciliation and Arbitration could not make a common-rule award to prevent industrial disputes ::*
Federated Engine Drivers' & Firemen's Association of Australasia v Broken Hill Pty Co Ltd (1911) - a union in different industries could not be registered ::*
R v Barger (1908) - the
New Protection policy, in which protection was linked to paying fair & reasonable wages, was invalid ==The results==