The Comptroller of Repatriation forwards the following memorandum for advice: I beg to refer to you for consideration and favour of early advice, the following question raised by Senator Millen:

In considering avenues of employment for returned soldiers (and particularly those who may be partially incapacitated) the question of establishing certain business undertakings (mainly manufacturing) has arisen. I shall be glad to be advised as to the constitutional aspect of the matter. These undertakings (or some of them) would require to dispose of their manufactures to the general public as part of their regular business.

If the Commonwealth is at present, owing to constitutional restrictions, unable to engage in such undertakings even on behalf of returned soldiers, would it be possible to obtain the necessary power by Act of the States' legislatures?

I think that the power to establish and control undertakings such as are referred to in the Comptroller's memorandum, and to sell the products of the undertakings,is incidental to the defence power.

The Commonwealth clearly has power to make provision for the support and maintenance of incapacitated or repatriated soldiers. I think that it is not restricted in the means which it employs to this end. In the words of Marshall C.J.in McCulloch v. Maryland 4 Wheat. 316 at p. 421:

. . . the powers of the government are limited, and ... its limits are not to be transcended. But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people. Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional.

I think that the undertakings mentioned come within the scope of this well-recognised principle.

[Vol. 15, p. 403]