The New Zealand Times (PUBLISHED DAILY.) TUESDAY, AUGUST 13, 1878.

New Zealand Times, Volume XXXIII, Issue 5422, 13 August 1878, Page 2

The New Zealand Times (PUBLISHED DAILY.) TUESDAY, AUGUST 13, 1878.

There is an established rule in Parliamentary practice, according to the great authority May, that all measures touching the privileges or constitution of one Chamber of the Legislature should origi-l iinte in the Chamber affected thereby.' In view of this rule, the movement in the House of Representatives of which Mr. Curtis has given notice may bo fairly said to bo unauthorised, and in violation of the courtesy of Parliament.! We believe that the honorable member for Kelson City is not inimical to the Legislative Council, and has no purpose of putting a slight upon or being guilty ■of impertinence towards that body; therefore his proposal may be considered upon its merits. It is to bo remembered that of the many attempts which have been made to alter tho constitution of our Legislative Council, not one can fairly bo said to have been rendered necessary by any unconstitutional action of tho Council itself. Each has originated in tho aggressive action of the Government towards tho Council in the form of injudicious or unnecessary additions made ito tho number of Councillors. The present movement offers no exception to tho rule. We would fain believe that Mr. Curtis’s motion is intended to be, as in effect it is, a protest against tho recent action of Sir Geobob Grey’s Government in rewarding political party services by Legislative honors. There is not any other ground upon which those appointments can bo reasonably accounted for unless it bo assumed that there is a deliberate determination on tho part of tho present Government by some moans to “burst up” the Council altogether. Mr. Curtis has given notice that on to-morrow (Wcdnos-

day) he will, in the House of Representatives, move the following resolutions: — (1.) That so much of section S 3 of the Constitution Act as gives power to the Governor to nominate members of the Legislative Council be repealed. (2 ) That the number of members constituting the Legislative Connell bo fixed at one-half of that of the House of Representatives. , , i , (3.) That whenever vacancies shall occur, by death, resignation, or otherwise, whereby the number of members is brought below the number fixed by the second resolution, such vacancies snail be filled from time to time by persons elected by ballot of the House of Representatives. ' , (4.) That when any BUI parsed by the House of Representatives has been by the Legislative Council in two successive sessions, it shall bo competent for the House to require that the Canned and House shall sit together, for the further consideration of such Bill; an iif a majority of two-thirds of the united body shall vote in favor of the Bill, the same shall be submitted to the Governor for his assent on behalf of tho Crown. , . (o ) That similar provisions shall be made for the case of a Bill passed by the Legislative Council, and rejected in two successive sessions by tho House of Representatives. (0.) That the Government be requested to prepare and introduce, during the present session, a Bill in accordance with the foregoing resolutions.

There are two points touched on in these resolutions, the first the change in the constitution of the Council, and the second the change of its function and power of dealing absolutely with Bills sent up from the House of Representatives. As between tho system of nomination and election, in the constitution of a second Chamber, the balance of opinion amongst thoughtful men in the colonies has always inclined strongly to the former system. Every day’s experience tends we think to confirm the soundness of that view'; The subject has already, on more than one occasion, occupied the attention of the Council, and it is perhaps not improbable that the majority of the members would decline to reopen a question now, in regard to which their opinions and action in the past have been consistent and decided. Between nomination and the form of election proposed by Mr. Curtis, the only real difference would be found in the shifting of responsibility for a particular act from the Ministry to tho House of Representatives. A Government commanding a majority would always be able to secure the return of its nominee. In regard, however, to the limitation of the number of its members the Council has long been anxious to have some security. To go no farther back than 1862 we find that in that year an address to the Crown was adopted by the Council setting out that by the Constitution Act it was provided that the Legislative Council should consist of not less than ten members; that by Royal instructions this number was first limited to fifteen and subsequently to twenty members, and, seeing that all restriction as to the number had been in that year withdrawn, tho address prayed that the number should be so limited as not to exceed at any time three-fourths of the number of the House of Representatives, and that no greater number of new members should be appointed, in addition to those required to fill up vacancies by death, resignation, or other causes, in any one year, than would amount to one-eighth of the entire number of the Council. In 1862 the whole number of Councillors was 25. This address was transmitted by Governor Grey. The reply of the Duke of Newcastle was that the prerogative would not bo used to. limit a number not limited by any law of the colony. In 1865, in 1866, and in 1867, Bills were originated in the Council for the purpose of limiting the number of its members, but only one—the Bill of 1866 —passed to the House of Representatives; there it lapsed. Theohief objeotof that Bill, was to limit the number to 38 members. > In 1873 a short Act was introduced, of which the following is a transcript

An Act to provide that all persons summoned in the future to the Legislative Council shall hold their seats fora limited time, instead of for life. Whereas it is expedient that as soon as the number of the present members of the Legislative Council shall have become greatly reduced, the said Legislative Council should bv law be made an elected body, instead of being composed of members holding their seats for life; And whereas by resignations and other causes whereby the seats of members of the said Council are vacated, it is probabU that the number of the present members of the said Council will be greatly reduced during the period of hve years ensuing the passing of th>s Act; and it is expedient that, in order that the Legislature may have the less difficulty in making provision for rendering the said Council elective, all persons who shall hereafter be summoned to the said Council should hold their scats for a limited period, Instead of for life : Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: — 1. The short title of this Act shall bo the Legislative Council Temporary Appointments Act. 1873. Every member of the Legislative Council, who shall hereafter bo summoned thereto, shall hold Ills scat therein until the thivty-flrst day of December, one thousand eight hundred and seventy-eight, and not for life; Provided, however, that if no Act be passed previously to the said thirty-first day of December, one thousand eight hundred and seventyeight, repealing amending or altering this Act, every member of the said Connell who shall be summoned thereto, after the said thirty-first d»y of December las' named, shall hold his seat in the said Council until the thirty-first day of December, one thousand eight hundred and eighty; and not for life. The fate of this Bill in the Council is thus recorded ; “ that the Bill be read a second time, “ put, and negatived.” The proposal that in cases of irreconcilable differences of opinion the two Houses should sit together has also been made, and rejected, if we remember rightly, by a large majority. It has not, in fact, been felt by the members of the Legislative Council that there has been in any action: of theirs ground sufficient shown to) justify the proposed or any changes, i It may be found that the same aenti-j ment will still govern its action. It will, not unreasonably as we think, hold that measures of reform should originate with itself and be based upon ascertained need. If there he a fault now apparent ( it is not on the part of the Council, but' on the part of those who are responsible for their action to the Parliament of the colony—the Ministers of the day.