The New Zealand Times (PUBLISHED DAILY.) TUESDAY, AUGUST 6, 1878.

New Zealand Times, Volume XXXIII, Issue 5416, 6 August 1878, Page 2

The New Zealand Times (PUBLISHED DAILY.) TUESDAY, AUGUST 6, 1878.

The question aa to the oonstitntioruof a Legislative Council or second Chamber, which has produced something like a revolution in Victoria; will probably be forced upon the consideration of tho Parliament and the people in this colony by what appears to be the deliberately aggressive action of the present Government. Under these circumstances tho proceedings which are now being taken in the Viclorkui Legislature, on this important s'.ibjecCnavo much interest for us. Our readers will remember that the recent quarrel between tho Legislative Council and the Legislative Assembly arose upon the question of tho passing of a Bill for the payment of members, a system to tho permanent establishment of which the Council was opposed. The Bill was rejected. At this alleged invasion of their rights, the Assembly, under tho leadership of Mr. Graham Berry, uprose furious, and by boastfully “ tacking ” the Payment of Members Bill to the regular Appropriation Act of the year, challenged the Council to battle. The Council could, under these circumstances, hardly have avoided resisting this attempt at coercion, and taking up tho gage. They took it up and laid aside the Appropriation Bill and its offensive 11 tack.” Then came a cataclysm, in which the public interest and tho public credit were saoiifioed to party rage, the varying phases of which we liavs from time to time noted in these columns. Tho Victorian Legislature is again in session, and before each Chamber there is a project, differing greatly each from the other, for such an amendment in tho Constitution _ Aet as may prevent deadlocks in the future. Tho purport of the measure introduced in the Legislative Assembly is thus described in the report of the speeoh.of Mr. Graham Berry on the motion for the second reading of “A Bill to alter and amend the Constitution Act, and to “ nrovido a mode- of settling differences “ between the Legislative Council and “ Legislative Assembly of Victoria”:— I will now take tko liberty ot telling hon members briefly what it is the Government propose to do wliat is the subj.-cl matter of tho Bill they propose to introduce, Tho Government propose .to divide all Bills into two classes. The first class will be money Bills—Bills ol appropriation and taxation; and, secondly, there will be all other Bills. With respect tb the first class, we propose lo alter the oticli section of tho Constitution Act, so that the function of the Legislative Council will simply ho to pass tho Bills. The power of tho Councll'will then bo what it was intended to be in regard to such Bills. The House of Lords lias r cognised the power ol tho Commons in respect to such Bills, but wo have had abundant experience here that the Council do not recogms-the power .of this Chamber, and in order to sli >w tint it Is on tills Chamber, and tills alone, that the.responslbiUty -rests of initi ding and dealing with all questions of raising revenue and expending it, the Bill proposes to leave the functions of the Legislative Council in regard to money 81l 8 so that they will simply h«ve to pass them The Bill goes on to state that in the event of a branch ot the Legislature declining to perform its functions—the period of one month is mentioned—after a Bill has h en sent to it, tiie’B"! will. be considered as passed, so that if the Legislative Council declines to deal witll a Bill within one month after it lias been sent up.it will become law, . The other House has undoubtedly the right to consider and amend measures of general legislation, and it is not proposed to take away all tho proper and legitimate functions of that Chamber. Mr. Kcrferd ; That is very considerate of you. Mi Berry In the first session, after Bills of an ordinary character have boon sent to the other House, they will bo left to deal w th them as they think nronor to reject or amend them, and the amendments may he made the subject of a conference between the two Houses, hut in tho event of tho measures being lust, they can bo sent up in another regular annual session, winch is defined in the Bill and will bo treated as money Bills unlois the fVmnril bv an absolute majority, demand that a ballot of the people shall he taken on the Dill or Bills. The Bill 'provides all the machinery for taking the ballot, so that the country Is made the final arbiter in any question of general legislation which is 111 dispute between the two Houses. The system will, I think end tho interminable deadlocks winch wo have had during tho last nine or ton years. The rival project of constitutional amendment was introduced in the Legislative Council by Sir Charles Slahbn, The Victorian Council is elective. The districts are large, and the electors as well as the members are required to have a hirdi property or ratepaying qualification. The total number on the roll as electors of Legislative Councillors was, in March last, 30,054, whilst the roll of electors for members of Assembly numbered 184,400 in a total population of 850,000. Tho proposal of Sir Charles Slades' is to lower the franchise, and thus extend tho electoral basis of the Council, so that the number of electors would be increased to 57,000. The number of members of the Council is 30—that number having been fixed when the Assembly had 60 members. The Assembly has now 84 members, and it is proposed to add twelve members to the Council, six being elected in 1870 when the new rolls are made, and six in the following year. Another Bill is proposed to be introduced, which shall give to the newly-constituted Council power to amend financial Bills, while reserving the right of initiation of such Bills to the Assembly. We quote the concluding passage from tho report of Sir Charles Bladen's speech;,-

It Blight he aiked how tlie_y intended to prevent deadlocks, and his answer to that was,—That where they had a perverse, malignant, ami determined desire to brim,' about a collision between the two branches of the Legislature, wisdom and skill had not the power to prevent the persons determined to have a deadlock from having their will. The hon. member then refer* ed. by supposing a hypothetical Bill, to the measure of reform which had been introduced Into amither Chamber, and asked whether it could bo believed that there 'was a member in tho Council who would laysuch a measure on tho table. The measure proposed the destruction of the privileges of the House under the present constitution, and it seemed there had been chosen a gentleman to introduce it who had one of those uisuspiclous countenances, and so mild a manner that one might almost have supposed ho would have been selected for the work, for such persons wore generally selected for -neb purposes.. Tho hon. member then referred in terms of c -ndenination to the proposal to send Homo a diplomatic triumvir with a new constitution, and also to tho proposal for a plebiaoltum. and stated that the chief of that triumvir might-possibly, when ho returned to this country, try to do a little " Nupoleonism,” and make himself tho chief of the country.

The indications of possible accord are not very promising. '■ A portion of 1 Mr. Bbeey’.s speech, said to have been delivered “after tea,” might bo taken for an echo of some orations which wo have Keard in this colony, during the recess, regarding the rights of the people, and the wrongs sought to be inflicted on mankind by a “ priviliged class.” There ,is no sign of that moderation which is thq soul of constitutional government. The true purpose of a second Chamber in a colony with a free constitution is to act as a check upon : hasty legislation. A nominated Chamber, it is generally agreed, is more fitted for the. impartial discharge of that function tlwin' on elected Chamber ; the condition of its fitness,’ however, is careful selection of its members and the maintenance of public rospect for its position and character. ’ -Our Premier lias 'never allowed his contempt for the Legislative Council to bo concealed, and as Sir Chaei.bs Slades has pointed out, whore there is a determination to bring about a collision between the Chambers, wilful ness will have its way.