In reference to the letter of the Secretary, Postmaster-General's Department, dated 25 January 1905, as to the legal power possessed by the Commonwealth Government to take possession of and work submarine cables in time of war or other emergency, I think that the Commonwealth Parliament has power to pass an Act on the lines of the Canadian Act mentioned (1886, c. 132⁽¹⁾).

I would point out, however, that that Act purports to refer only to lines of electric telegraph constructed 'in Canada'-and contains no express mention of sea cables. It might, perhaps, be construed to apply to the Canadian shore ends of such cables; but some of the provisions of section 7 would then be inapplicable, inasmuch as control of both ends of a cable is necessary in order to work it.

I think, however, that the Commonwealth Parliament has legal power to pass a law enabling the Government to assume control of the shore ends of cables-subject, perhaps, so far as such assumption constituted a taking of property, to the taking being 'on just terms' (Constitution, section 51 (xxxi)).

[Vol. 4, p. 505]

(1)The Electric Telegraph Companies Act (Can).

* See Opinion No.217.