The Waikato Times AND THAMES VALLEY GAZETTE. Equal and exact justice to all men, Of whatsoever state or persuasion, religious or political. SATURDAY, AUG. 20, 1892.

Waikato Times, Volume XXXIX, Issue 3136, 20 August 1892, Page 2

The Waikato Times AND THAMES VALLEY GAZETTE. Equal and exact justice to all men, Of whatsoever state or persuasion, religious or political. SATURDAY, AUG. 20, 1892.

MiNiSTEits havo after much pressure placed upon the table of the House the correspondence which has passed between them and the Governor in reference to Council appointments. An important constitutional question is involved, of a nature so far as we can remember that has not previously arisen between a Governor and his advisers. It appears that Ministers asked for twelve appointments. The Governor considered that to grant more than nine would bo an unconstitutional interference with the liberties of the Council. That as Governor he is personally responsiblefor the manner in which he exercises the prerogative right of making appointments. That the power rests in him as an Imperial officer and claims the right to exereise it without limit or restraint find he considers the difference between nine and twelve nominations an inadequate reason for creating a question between him and Ministers. In reply Mr Ikllauce denies the right to act wichout limitation or restraint and urges that if this were so the Governor might make appointments without the advice of Ministers. The position which each party maintains is summarised by themselves in despatches prepared for transmission to the Colonial Secretary. The facts of the case, as regards the appointment by the advice of the Atkinson Ministry and the application to Lord Onslow by Mr Ballance to appoint twelve councillors and his refusal to appoint more than eight, and the refusal of Ministers

to accept that number are within the knowledge of those who have taken the trouble to give consideration to the matter. The contention of Ministers is contained in the follow ing paragraph : —" Ministers are of opinion that the responsibility of appointments to the Council should have rested with the responsible advisers o£ His Excellency, and that

the refusal to accept their advice is in derogation of the right and privileges of a self-governing colony. In this case they contend that His Excellency is placed in the position of acting.without advice unless it be that of persons who are not responsible and withdrawing from those responsible the confidence which the constitution requires him to repose in them upon the inadequate ground that nine are better than twelve additions to the Council. The Governor in his despatch to the Secretary of State says:—"The two Houses of the New Zealand Parliament possess each at present absolute liberty of speech, but under the proposed change the freedom of the Legislative Council would be at this mercy of the Ministry. The consent of both Chambers is now necessary before a measure can receive the Governor's assent. Should a measure be thrown out it is open to Ministers to appeal to the country, thereafter if the Legislative Council were to disregard the wishes of the electorates, as ex-, pressed at the ,polls, sufficient emergency would then have arisen to justify the Governor in granting Ministers a sufficient number of appointments to bring the Upper House into harmony with the country." To any person who has the most elementary smattering of constutional Government the contention of the Governor is logical and based upon a precedent. Whereas the contention of Ministers evidences that they either do not know or are unwilling to adniit that their demands have been unreasonable and been made with the ulterior motive of demonstrating the uselessness of the Council as being simply a recording machine for the majority in the Lower House. Having by the following of their advice reduced it to this ignoble position, the idea which they cherish —its abolition—would be more easy of accomplishment. In fact there would be no reason remaining why it should longer exist. It would be powerless for good, and in consequence a useless expense and incumbrance.