Another notable measure passed by the first Legislative Council of Victoria was a bill adopting "vote by ballot ;" this was the first measure in the history of parliamentary gov ernment in which this method was made legal.
The first important bill was introduced by James Service as Commissioner of Crown Lands and Surveys in the Nicholson govern ment, on 30 Nov. 1859. The chief feature in this bill was that of free selection for settle ment and agriculture over all the waste land of the colony, subject to certain conditions with respect to lands not yet surveyed. The bill was passed by the Assembly but was rejected by the Council.
The period from 1863 to 1866 was memor able in the history of Victoria. It began in a conflict between the parties representing Pro tection and Free Trade. It then developed into a struggle between the two Houses for financial supremacy, and in its third and last stage it became a contest between the Legislative As sembly and the Crown. The first McCulloch Ministry took office in June 1863; it remained in power until 6 May 1868. One of its first proposals was a bill imposing numerous cus toms duties of a protective character. It was passed by the Lower House and rejected by the Council. It was then reintroduced tacked on to the Appropriation Bill. The Council again re jected it, and a deadlock ensued. The govern ment in the meantime collected duties on the authority of the Assembly alone. Funds not having been voted for payment of the public service the government borrowed money to the amount of #40,000 from the London Char tered bank which then sued the government for money lent. The government confessed judgment. The Supreme Court pronounced the collection of customs duties on the resolution of the Assembly to be illegal. It also held that confessed judgments against the Crown were illegal. A tariff, separated from the Appropri ation Bill, was again passed by the Assembly and again thrown out by the Council. The ministry resigned. Mr. Fellows formed a gov ernment which, however, could not carry on. Mr. McCulloch returned to office and the Tariff Bill was again passed by the Assembly, and again sent up to the Council. The preamble of the bill asserting the exclusive right of the Assembly to grant money and taxes was event ually withdrawn, and the bill was passed.
The second McCulloch Ministry was de feated on 20 Sept. 1869. It was followed by an administration formed by John Alexander McPherson which remained in office for six months. It was displaced on 9 April 1870, by Sir James McCulloch, who, on 19 June 1871, was defeated on his property tax proposals. Charles Gavan Duffy then formed a ministry which successfully proposed and carried a pro tectionist tariff. The Duffy Ministry was de feated on 10 June 1872. The governor re
fused a dissolution and Tames Goodall Francis became Premier. The first Mining on Private Property Bill was carried in the Assembly by 43 votes to 3, but was rejected by the Upper House. A bill to regulate mines, in order to prevent mining accidents, and to protect miners, was passed.
In 1875 the Kerferd government introduced a bill imposing certain duties on wines and spirits. The tariff proposals were carried by a majority of one. This the government ac cepted as an adverse vote and applied for a dissolution, which the governor refused. On 7 Aug. 1875, Graham Berry formed his first ministry, but he was defeated on 20 Oct. 1875. Sir James McCulloch's fourth and last govern ment then came into power. Its accession marked the beginning of a stormy and momen tous political period. The Berry party raised a °stone wall" of obstruction, and the McCulloch party retaliated by passing standing orders to restrict and limit debate, which became known as the "Ironhand" and the ((Gag." The McCul loch Ministry became very unpopular through out the country. At a general election held on 11 May 1877, an immense majority was returned against the government. Mr. Berry then formed his second ministry. The principal planks in its program were, a land tax to "burst up the large estates," and payment of members. A Land Tax Bill was introduced and passed. Pro vision for the payment of members, to the amount of £300 per year, was made in the Ap propriation Bill. In that form it was sent to the Council where it was rejected on the ground that it was a °tack." Then ensued the historic deadlock of 1877-78. No money having been voted to pay the public servants the govern ment on 8 Jan. 1878, ordered the dismissal of all heads of departments, County Court judges, police magistrates and other public officers. This proceeding caused a great sensation, and by the opponents of the ministry it was de nounced as ((revolutionary?) Shortly after ward a compromise was arrived at: payment of members was passed in a separate bill and the Appropriation Bill without the obnoxious °tack') was carried. The Berry party then de voted their attention to the question of consti tutional reform. A bill was passed through the Assembly providing for the adoption of a method of referendum to settle disputes be tween the two Houses. It was rejected by the Council. A deputation, or embassy, consisting of the Premier and Professor Pearson, was sent to England to interview the Secretary of State for the Colonies, who was asked to set tle the constitutional difficulty in Victoria. Sir Michael Hicks-Beach gave a very guarded reply stating that the Imperial Parliament would never alter the Constitution of the colony at the instance of one House only.