The New Zealand Times (PUBLISHED DAILY.) TUESDAY, JULY 30, 1878.

New Zealand Times, Volume XXXIII, Issue 5410, 30 July 1878, Page 2

The New Zealand Times (PUBLISHED DAILY.) TUESDAY, JULY 30, 1878.

Opinions ns to tho need for and tho usefulness of 'a second Chamber in a Colonial Legislature enjoying the advantages of representative institutions, vary. As to the best mode of constituting a second Chamber, whether by nomination by tho Crown, or by special election, there is also difference of opinion. In all the Australian colonies where the conditions exist the question has been frequently discussed, but cannot be regarded as being settled. In this colony there is also difference of views as to tho value of our Legislative Council, and between those who regard it as useless, and those who in grateful recognition of services rendered are disposed to “ thank Providence “ that wo have a Council,” there are varying shades of opinion. Generally, we think, the preponderance of opinion amongst reflecting men who are content to be guided by experience is in favor of tho bicameral Legislature, with a nominated Upper Chamber. The Legislative Council in New Zealand, like similar institutions elsewhere, has suffered in public estimation from being absurdly compared as a political institution with tho higher branch of the Imperial Legislature. Most ox those who object to the House of Lords as a lawmaking body do so on account of its hereditary character ; but tho absence of .this principle takes away all resemblance in the constitution of the respective Chambers, and loaves a similarity only m tho functions discharged by each. If it were possible always to secure the nomination of the fittest men for the honor of a seat in our Legislative Council, without reference to party considerations, much of tho objection which is felt to tho present system would be removed. But the opponents of a nominated Council do their utmost to discredit it with the people, whilst oven those who are supposed to bo favorable to its existence and who have had tho power to raise it in public estimation, often, unwittingly perhaps, play into the. hands of opponents, by exhibiting want of care in tho selection of members, or by allowing political party considerations to influence their choice. The evils which may arise out of the conflict of two Chambers of a Legislature, each elected and each deriving authority directly from the people, have been so conspicuously exhibited in a neighboring colony, that it is not probable that in New Zealand at least tho existing system will be immediately altered. That being so it is the more incumbent on those upon, whom the responsibility rests, to lake care that nothing is done by them which shall impair the usefulness of the existing institution. That usefulness is based upon public respect and , confidence, and can be maintained only by tho exercise of constant care in tho selection of the fittest men for tho distinction of a seat in tho nominated Council. On this point wo quote some observations of Professor Fawcett, which are pertinent. He says :

It has often been pointed out that tho members of an Assembly chosen by popular election will rcllcct popular feeling, and, therefore, will display' nob only tho virtues, hut also tho faults, of tho public. Amongst these faults;want of special training and special knowledge is prominent. If, therefore, there wore two Chambers, care should bo taken that tho one should supply as fur as possible the shortcomings-of the other.

Reverting, however, to other parts of,Mr. Mills scheme, too much importance cannot bo given to his suggestion that men should bo admitted to tho second Chamber as far as possible independently of party favor or political patronage. The discharge of some public duty, or tho attainment of some recognised position in the State, should entitle a man t > claim a senatorial position without rendering It in’ any|way necessary for him to ask It as.a boon. Although it is important that the Second Chamber should embrace among its members as many as possible of those who are distlngulshedffor intellectual attainments, yet there is obviously* much greater difliculty In making a selection when' it rests on the somewhat vague basis of intellectual distinction. There arc, however, certain recognised public positions which are seldom obtained by any who do not possess mental qualifications far above the average ; nml the attainment ©f any of those positions might confer a right to a seat in tho Second Chamber ; for instance, n person who has been P.esldont of the Royal Society, of the College of Physicians. or of tho College of Burgeons, tho Chancellors of tho various nml tho head of any learned society which had • boon incorporated by Parliamentary charter. A Second Chamber constructed on such -a basis would contain among Us members many who now rarely obtain admittance to cither House of Parliament, but who are eminently qualified by their knowledge, or by their special training, to render tho most valuable assistance to a legislative and administrative body.

. AVo ‘think that thoao ' passagoa aro worthy o£ attentive apt! that it .would bo fortunate* for tho colony

if the principle inculcated in them were to be taken as a guide by the Government in making appointments to our Legislative Council. • It will probably not bo asserted by anyone'/ that the nominations recently made : pome quite to the standard thus ’ set up, or if they did come up to the standard,, that there was any sudden public need which demanded or , could ’ justify so largo an addition to the number of the Councillors. It has been held generally that the number of Legislative Councillors .should not exceed one half the number of the members of the House of Representatives; and this proportion the Government which Vote in office during the five years preceding the accession of the present Ministry endeavored to attain, and to preserve. Except for the purpose of giving a responsible Minister a seat, but one appointment,, that of Sir F. Billon Bell, had .been, made to the Council during that period. Within the last year no less than five new appointments to the Council have been made by the present Government, and a sixth scat, it is is said, has been offered to a gentleman in Auckland and refused. The highest number (47) of members of the Legislative Council was reached in 1870. There are now forty-six members. Our present Premier lias never left us in doubt as to his opinions regarding the Legislative Council. He has indeed been upon all occasions frank, even to the limit of offonsiveness, in expressing them. This is the view which he once presented to his constituents of Auckland City West:—

Now, I have shown yon that in ono instance—that of tho Governor—yoh positively have no control whatever, anil that you can exercise no lnOnenco upon 1,1 nr except such as his good nature may lead him to recognise, without your having a right to exercise upon him. But in the next—tho Legislative Council—in point of fact you are still worse off. Now. I do not say a word against anybody, or that anyone is abusing tho power they have in that- Council. 1 have many friends there, and believe they have done Iheirdutv; but such a thing was never seen in the world before as that a Minister, ns it is here, should have power to call men into the Upper House, and give them salaries to last for life. I only ask those who recollect tho old rotten-borough system. Is it right that tho Ministry should bo able to tako a man chosen by no constituency, representing no ono but tho Minister who put him into tho Council, and then make him Governor of this groxt country, which is done now? —because tho Governor is in truth nobody boro, lie is under tho advice of his Ministrrs. And, I say, it -s not respectful to the community that an individual, representing, ns I say. only the Minister who appointed Mia should bo chosen and at onco made Governor of this great, community with absolute power over us all. With all my heart and soul I object to that, and think the whole of that institution is in point of fact a gigantic and most expensive

We have not hoard of Into, nor could it have been assorted upon just grounds at any time, that factiousness or party spirit has exhibited itself in our Legislative Council; No measure of importance which tho country really desired to have passed has boon in any unreasonable way obstructed, nor has any organised opposition to any Government ever made itself felt inconveniently to the public interest. There has not been any complaint or any reasonable ground for complaint. Under these circumstances it may bo asked iii Sir George Grey's own words, why it is that ho has , bettered the example of those' “who have .done such a thing “ as was never seen in the world before,” and why he has just called “ five “gentlemen into the Upper House and “ given them salaries to last for life.” For a Government whoso motto is retrenchment-, it is clearly an uneconomic proceed--ing. It may be, however, that he is giving, at the public charge, a “ shocking example” of the Ministerial power the exercise of which by others ho. has so eloquently denounced, and that he is educating the people into contempt for an institution which, like the large estates of. some of the Councillors, he desires thus to “burst up.” The process is at once costly and unstatesman-like.