The Legislative Council.

Otago Witness, Issue 2069, 19 October 1893, Page 19

The Legislative Council.

TO THE EDITOH.

fin, — I notice that the Council has been a subject of adverse comment, but anyone who has read carefully its proceedings during last se si jn must feel satisfied that it has discharged its duty fearlessly and with impartiality. The Government introduced a number of bills during the session dealing with large questions of public policy. Many of these bills were brought before the Council towards the close of the session, but they were all considered on their merits and dealt with accordingly. Some of these bills involved important questions on which it was considered desirable the constituencies should have an opportunity of expressing an opinion. Amongst these may be mentioned the Government Railways Bill, the Land for Settlement Bill, and the Industrial Conciliation and Arbitration Bill.

In reference to the first of these, the Council was satisfied that the electors should have an opportunity of deciding whether the railways of the colony should be managed by commissioners as at present or be placed practically under political control. Apart from the question whether the State should control the management of the railways, there is no possible doubt that the colony has been fortunate in having secured the services of three Railway Commissioners of ability and thorough integrity. The result has been careful management and immunity from accidents, as well as financial success. Is a better result likely to be attained under political control? This is the question which electors should ask themselves, and it is a vital one having regard to the future welfare of the colony.

As to the Land for Settlement Bill, the proposivl was to place really in the hands of the Ministsr for Lands of the day the right to say whether a man's private property should be taken compulsorily. So far as the question of land settl ment is concerned, I have always been a strong advocate of this ; but the test is, Has any emergency arisen for taking private lands whether the owner wishes to dispose of them or not? There are, unfortunately, numerous land owners not only willing but anxious to sell, and t'rere are large areas of Crown lands yet open for sale in different part 3of the colony.

On the question of conciliation and compulsory arbitration, it is pretty well known that I introduced The Strilcs and Arbitration Bill of 1889. A misappreb.ens.ion seems to exi^t as to the conciliation provisions of the bill introduced by the Government It is alleged that these amount to nothing more than a voluntary reference, but there could be no more ttupid or fatal mistake than to suppose this to be the case. Under the conciliation provisions the parties are bound to come before the court, which is entitled to pronounce a judgment which neither party to the dispute could disregard if supported by public opinion. The arbitration and enforcement of awards provisions, although intended to be coercive in their object, could not be enforced, but in their na'ure they are calculate! to discourage enterprise and prove disastrous to the persons for whose benefit they are intended.

What, however, I wish to emphasise is that the passing of these bills was not obstructed, but the Council desired that they should be reconsidered in a new Parliament.

What is wanted in certain quarters is that whatever bills are sent to the Council by the Government should be passed as a matter of c >nrse, practically without discussion and certiiDly without amendment. If the constituencies declare in favour of these bills I am not aware of any reason why the will of the ppople should not be given effect to ; but I ab olubely protest against the theory that the Council is bound to pass every bill as s^nt up by the Government of the day without discuss : on and without amendment. I have heard from every quarter expressions of strong approval of the conduct of the Council, but it must be obvious that mere expressions of approval, however loud or widespread, cannot avail, and that the proper course is for the electors at the polls to vote for candidates who are actuated by a r'esi-e for careful aud intelligent legislation which will reflect the bona fide opinion of the people.

Rather than that the Council should be merely an approving body of the bills of the Ministry of the day, cirried often for party purposes and oftf n by purely chance votes, I should favour an elective second chamber such as pxisfcs in Victoria. I Fcarcely think the public are fully alive to the gravity of the situation, and the apathy amongst men of intelligence who have a stake in the colony is much to be regretted ; but they will have themselves to blame should the result of future legislation not be up to their expectations.— I am, &c, October 17. W. Downie Stewabt.