tHE dOMINION. TUESDAY, AUGUSt 3, 1909. THE SOUTH AFRICAN UNION.

Dominion, Volume 2, Issue 576, 3 August 1909, Page 4

tHE dOMINION. TUESDAY, AUGUSt 3, 1909. THE SOUTH AFRICAN UNION.

. Now that all outstanding qiiestions between tho South -African dolegatcs and the Colonial Office have been.settled it is both possible and desirable to attempt a necessarily brief summary of the contents of the new South African Constitution, for.the union of the four, colonics is the most considerable event of the last few years in the domestic history;of the British Empire. The Constitution is a most remarkable-State paper. It evidences breadth-' of view, scientific draftsmanship, and on, the whole,, a striking'obliteration of racial feeling. The dominant men of the late Convention were truly men of uncommon mould, and when. the inner history of the Convention comes to.be written we shall expect to find the names of .those men to be Dr. .Me. Steyn, ;Sir Percy Fitzpatrick, and' Mr. .Smuts. The Constitution is a!very inspiriting document. Contrary to the impression conveyed by the cable rttessages during' the first Convention,'.unification in reality and'not in name pnly is the basis,of tho Constitution.' All legislation will proceed from the Union Parliament,, all revenues will be vested in the Union. So also all, the. dobts and liabilities of the colonies will be taken over by'the Union. The.railways, will pass jurider one! general : management, and some. express provisions •have , heeri(y.ihserted designed fo prevent /"political" railways. Nativo .iffj/rs are handed over t; the Union,.'and;thc Native liquor laws are.at last to be made uniform by the sale of liquor' to Natives being prohibited universally. ! Thej franchise is .'given; to every white male adult, l and'.the /Cape .Colony Native and coloured ...franchise Ms preserved intact,, so-far as that colony ;is concerned, and is not, for.the present, at least, to be. allowed to,did orit, as was rumoured during i. the progress of-: the ■ Convention was to be.the case. This pro'vision, have pointed but in -previous jarticlos, .could ■ not; be other than fa : bitter pill for the: three colonies "to'.swal-: .lo.wjr but. as those qualified under, unfortunate fra'nebiscarenot to count in/ the apportioning-of the electoral districts,: its retention is made'as harmless :as is: possible under the- circumstances'.-It, ,'is followed/by, the' curious provision that .this, franchise is not.to be altered*save by thei/vote of two-thirds of all the: members .of ;both Union Houses -sitting and that- this latter section itself- is not | to be repealed oxcopt by the same majority, so' constituted.. Full as, the .Constitution is of .the spirit of compromise; it/is' ; nowhere more strongly in evidence/than here. ! . ■ ■ , " '",''•„ ,'!,/! «-V'./£-'' . /The formation of electoral districts-is. to be made on the basis of.'ihe/electoral' roll, with a margin of/15 per/cent, lab'ovc, and below the quota. Coupled with/quinquennial, redistribution,, this concedes the. principle of one vote one value, on/the : basis of the electoral ro)l. It: will ensure to urban, constituencies, a,, fair Cl sha_re\, of - representation, and one that" they 'have" never !«rs for forming the ''electoral districts areto; work.'on. the: figures 'of, the ..1904'cenaUs, which gives the Cape white ,malc. adult .population' as 167,546;. Transvaal 106,493,: Orange River' Colony 41,014, and Natal /34,7'84.,: The;'true'quota of/this\'is 2891, and on this footing the Cape 'Would'.'havc' ,obtained 58; members. Natal 12,, Trans-'• , : vaal .37; and Orange! River' Colony',' 14? But in view of the.'objections of the'two smaller colonies to receive "only the' representation to which they we're strictly entitled, a compromise was agreed/ under which the Cape ./•will have '51' members, Transvaal 38, and Natal and the Orange River Colony 17. each; But neither of the latter is to be entitled to further repre-sentation-until they can claim it on the: footing of tho true quota. The present effect of this compromise will be that the actual' quotas will differ; hi each colony ,as follows:—Cape .3285,' Transvaal. 2958; i Natal'2o46, and Orango River; Colony 2'412< ..Time and the certain influx of population will not be long, before they will automatically correct/this , present departure from strictly scientific methods. The constituencies are to, be singlelmember, and riot three-member, constituencies, and the preferential vote, originally contemplated, has been abandoned. Both Senators and Members of the Lower House will receive £400 per annum each, which is hot much when we consider the South African standard of living and '.the .great distances./ The Senate is to be' elected for ten years, and is to consist of 40 members. Each colony is-to elect eight Senators from the existing colonial Legislatures, .sitting as one.bpdy in each colony, and.eight are to be nominated.by the Governor-General-in-Goun'cil (which .means the first Union Government), and four of\them are to be specially'chosen for their knowledge of Native conditions. Subsequent members:of the Senate.are to be, chosen by the Provincial Councils. .These latter are the survivals.of the exr isting colonial Lower Houses.. Save that for five years they'will 'have charge 'of education and 1 can raise certain moneys by direct taxation, they become little bet-, ter than Vestries or Road Boards." ! .And that is at- once the .'. outstanding feature, and, under some circumstances, : the danger of this.', Constitution, 'All power is-monopolised by the Union Government, which is right, if; Unification,' and/not Federation, is sought, but the safeguards on the exercise of some: of the /Union's powers'may not prove sufficient. A bare or chance majority of the Union 1 Parliament can alter the existing boundaries ' of the colonies (in! future' to ,';be called Provinces), or can alter any clause of tho Constitution 1 itself, save those' two already mentioned... A Constitution should not be alterable save by the. vote of,a specified large majority, such,as the two-thirds majority' already mentioned; In case of a disagreement 'between ; the two Houses, if. it continues in the next session,,it is to bo settledyby. a majority vote of both ■ Houses sitting together. _ What appear to be the weak points of the Constitution are; these: .; The Senate p should be elective, on the lines now in use in ;Oapc Colony. Tho Constitution should not be' alterable save as, already suggestedA The principle of-one vote, one value "should extended to - the Provincial '..Cpuricils,!''which,! as'.'things, are, will-continue =to be .by mUiorltics 'of thfl"ele^te / lrii!'tis6'..out:of.

the four/colpniosj' arid education should most certainly be dealt with' by the Union Parliament. General Botha's suggestion .that Dr. Jameson should be the first Premier of the Union is a generous recognition of Dit, Jameson's work. To him,in every respect is primarily due the credit for the formation of - the Union. He first asked LordSklborne to pen the now historic, memorandum. 1 He, by his conciliatory methods, made the Convention possible, and he, we. have no doubt, by those methods, and by-his unfailing tact and patience, safely piloted the draft Constitution through the stormy waves of racial feeling. /-