THE LEGISLATIVE COUNCIL PROBLEM.

Dominion, Volume 6, Issue 1852, 11 September 1913, Page 5

THE LEGISLATIVE COUNCIL PROBLEM.

Sir, —I am one of tho great general public who take an interest in the problem of Legislative Council reform. I have no personal interest to serve, no griovanco to vontilato, and. am not discussing tho subject from any party spirit at all Tho debates in tno Council itself were models of high thinking and disinterestedness, and in my humble way I npproaeh this subject as an intellectual problem only. Haa there been among tho mass of oleetors any great desire for reform of the Legislative Council? '-Hie answer is "Yes," and "No." So far as I am aware, thero has been- no debate, no public lectnro, no discussion in public that I 'havo heard of in Otago or Canterbury. Possibly somo Labour or-

ganisation may have expressed its opinion, but of that tho mass of electors have not heard. Suoh an expression, in any ease, is as likely as not to be illconsidered. The Labour attitude on few things is judicial; it represents a'class — it advocates, it "pushes' its own barrow," to uso a vulgarism. The opinions of a Labour party are as little to be received, as, say, a combination of purely Conservative, wealthy landowners. Assuming that they represent extremely radical and extremely conservative views, neither as a party can express really valuable views on such a subject as Legislative Council reform. This matter is beyond class interests, beyond party ties; it is and should bo like defence questions, with no men for tho party, but all men for tiho State. (It will bo a happy day for tho general elector when finance is similarly treated.) Thero lias been dissatisfaction with the nominative system of appointing members of the Council, find this naturally led to oft-repeated casual remarks that the Council should be abolished altogether. The patronage of appointment has been in the hands of ono party for over twenty years ; human; nature being what it is, jealousy grew up, and began of late years to increase in geometrical progression. Some of the appointed ones wero, rightly or wrongly, held not to have deserved their elevation to tho superior Chamber, while public men of grit and character were overlooked. A general opinion has grown up that.tho Conncil lias little energy and takes less interest in the matter's placed before it. Whether this be so or not, there can 110 no doubt that if tho Council devotes itself to other Bills as ably and effectively as they do to Reform Bill there can bo no reason to complain that the Council is a mere dead-head, but rather that it really is the Upper House.

There aro three propositions that seem self-ovident with regard to the Legislative Council:—

(1)' That the existence of a third Chamber removed from party politics is essential.

(2) That tho Council should really bo a calm - deliberative body, composed of tlio best talent in the Dominion; that it should bo in reality as judicially superior to the Lower itouse as a judge is to the lawyers who appear to argue a case beforo him. „ (3 That the system of nomination is not the best, but that tho proposed system of duplicating the Chambers by elections from the. same people, if riot tho samo group, is a much worse proposition.

Thero aro those who in haste say that no such body is required at all. But tho basic principle of a revising and checking Chamber seems to havo its uso placed on a very sure foundation, the need of .mankind. Tlio need lies in expediency. Perfection in legislation is unattainable, but it is found, expedient under all circumstances of action to havo a third unbiassed party to adjudicate or to embellish, or improve, or veto matters brought before it. There is no magic in the number three, but because of our dualty, tho number three is- nearly akin to magic. The King, tho Lords, and tho Commons —a trinity we should call them; tho Houso of Representatives, the Legislative Council, the Governor—tho trinity again. The magistrate, tho Supreme Court Judgo hears the lawyers for the prosecution, the defence, but keeps his judicial calm and suma up—again tho throe functions aro in force. In all the religions of mankind we find, the mystic uumber— tho Trinity. Tho functional unit of tho Stato is tho man, the woman, and the child. This is all very elementary, but the fundamental proposition one seeks to prove seems to depend on three first principles, and a tribunal quite apart from' and above party politics is evidently essential, and is quite in consonance with the habits of human beings in other phases of life, and seems to be based on a deep psychological need/ The Trinity in the natural world is as basic a principlo as the Trinity in the supernatural.

The Legislative Council should bo removed from tho atmosphere of party politics—that is just as essential as its existence. If public clamour, under ordinary circumstances, wero to bo superior to tho judgments of Judges and magistrates,, what a farce the judicial system would become! Try and imagine a Court of Appeal being torn by political dissensions when giving its mature judgments on a complicated will case, say; or go further, and imagine the various judges saying to themselves: -"I wonder what tho public will think of my judgment? I wonder if I will lose my.seat as a result?" Such a position would be absurd, and yot a Legislative Councillor would undoubtedly havo to trim his sails to suit his electorate. This, no doubt, is tho strong point of the nominated councillor; ho need not be eternally thinking what some less-informed person than himself thinks of his conduct. If he wore convinced that his attitude is right though unpopular on the face of it, how is a Legislator with a huge electorate going to impress his views oil the mass. Tho energetic but superficial thinker on tho spot will do him, during his absence in Wellington, incalculable harm with the crowd.

To finally approve of, to touch up, to prune, to improve, or even to veto legislation sent up from the Lower House of wrangles ana party politics is evidently the function of the (Jppor. House. The idea! to aim at is that each membor should bring tho intelligence, tho independence, and the unbiased attitude of a Supremo Court Judge to bear on all propositions brought beforo him. If this bo so, then the questions of organisation machinations, questions of pledges, questions of duplicating party differences, become relevant to tho discussion, and, if likely to occur, menace tho succcbs of tho proposed alteration. Public election strikes at _ tho very root of our conception of a revising, deliberative, superior Chamber. Let us admit at onco that there aro grades of intelligence annng tho public. A fight between a Itadicnl and a Conservative for the Lower Blouso may be fair game for everyono to havo a hand in. What about tho emotions evoked by tho Grey contest? Would that kind of thing conduce to tho cool, calculated, intelligent exerciso of tho franchise, when wo were selecting, not a lawyer for tho defence or prosecution, but rather the judge to hold tho balanco ovenly between tho contending factions? Should University professors, judges, or military commanders bo elected by popular voto? Of course not. They should ho selected by tho constituency closest in touch with each variety; in other words, by those who know best. Who, then, should composo tho electorate to choose tho members of tho Legislative Council? Not the public as a whole, besnuso other factors will crop up that sway their judgment. Not the Lower House, because whilo it talks and makes laws, it is not directly entrusted with their administration, and, sir, it is their administration that is tlio important ooint in this argument. The

persons. who really do know something of t-lio laws of this Dominion aro tho members of the local bodies who administer them; these aro the people really in touch witli the mass, they aro better informed than the mass, their constant meetings in non-party spirit teach them to bo fair-minded, judicial—their training admirably suits them to form the electoral college, whoso duty it should be to elect those best able to revise and improve the laws of this Dominion. The concession to democratic feeling has gone much too far in proposing popular election for tlio Legislative Council. It should bo above and outside party politics, it should bo in touch with the people, and its members should liavo some pretence to being experts at their business, and I submit, with all respect, that the local bodies of the Dominion aro the only lit and proper electorate to be entrusted with so important a function as electing members of the Legislative Council.—l am, etc., H.C.B. Waimatc, September 7, 1913.