The Press. FRIDAY, JULY 31. 1874.

Press, Volume XXII, Issue 2801, 31 July 1874, Page 2

The Press. FRIDAY, JULY 31. 1874.

Mb, Vogel has been taking a leaf out of Mr Francis's book. The plan by which he hopes to over-ride opposition oh the part of the Legislative Council is almost identical with that proposed for a similar purpose by the Victorian Government. It is what is called iv Victoria the Norwegian echeme. _ If the Council refuses to pass, or insists in objectionable amendments in, a Bill paesed by the House of Bepreaentatives, the Governor is empowered to call a kind of special session for the discussion of that particular measure, in which the members of both Houses sitting together will carry or reject it by their aggregate vote. We have had occasion to express our dpinion of this plan when remarking on it with reference to Mr Francis's proposal. Whatever may be thought of it in Victoria —where, by the way, it is practically lost, since the Government have only carried their Bill through the third reading by two votes —we hold that in New Zealand it is totally uncalled for. It is not required by the political circumstances of the time, and is unnecessary on constitu- " tween the two Houses;" In the one caee where there was an important difference, the Council was so entirely in the right that it has made a convert of the Premier himself. The arguments used by members of the Council in the debates on last year's borrowing bills have been adopted by him in hie speeches during the recess, and the principles they maintain are embodied in his financial statement. Mr Vogel's endorsement of the views of the Council on the subject of provincial borrowing baa. left no difference between the Houses but on such questions as marriage with a deceased wife's sister, or the maximum deposit to be allowed in Government savings' banks. But if differences should hereafter arise, we need not go to Norway for a remedy. The Constitution Act supplies a very effective one. There can no more be a deadlock between the Legislative Council ana , the House of Representatives than between the House of Lords and the House of Commons. And for the same reasons. The constitution provides a means by which, failing ordinary measures, the Upper Chamber can be compelled to yield. We do not believe that the Council will ever set itself determinedly against the will of the Lower House, when the Houae is supported by public opinion ; but should it be so ill-advised as to do so, Ministers can dispose.of the difficulty by fresh creations. This safety-valve of the constitution, as it has been called, is wanting in Victoria; but it exists here. In England it has proved sufficient, in the most formible emergencies, to control the Lords and to assert the supremacy of the Commons; nor is there any reason' to doubt that it will always prove equally effectual in New Zealand.

Our space will not allow us to examine the details of Mr Yogel's proposal. Besides, we must wait for a more accurate report. The telegram we published yesterday gives but a lame account. It states, for instance, that the united Chamber will " consist " of not fewer than 35 members of " either House," by whom the Bill will be "carried or the contrary." Yet further on it says that " no Bill " can pass the Chamber until 55 mem- " bers have voted in its favor." This may perhaps mean that 35 members will form a quorum—though not capable of finally carrying a Bill; or the word "either" should have been " each." Iα the latter case the Bill will aped some provision for enforcing attendance. Otherwise, whenever the Upper House, finds itself likely to be outvoted, the members will eecure the loss of the measure they bare thrown out- by" the obvious expedient of stayjing away from the conference. _ lijipoiut of stringency; the arrangements proposed- by Mr Vogel are beyond those of Mr Francis. The filing of & certain * fluniber pTmembere (55) ac ; lufiieiept to carry a. Biljl Iβ all in favdr of Grovernmenfe; jEor fchedLssembly iiwUl continually grow largely especially the Council, wßere Ministers %%i9 fts ppw?? of appointisept!, «9

that 55 will bo a continually decreasing proportion. The Victorian measure required an absolute majority of the whole number of members of the two Houses to carry a second or thirtl reading./ Aganv> the Victorian Bill contemplated the meeting of both Houses only when a Biff had been paused by the Lower and rejected by the TTpper House for two successive sessions. Thus it guarded against any hasty excited action. It ensured time for consideration and for ascertaining the opinion of the country. The combined sitting could be held ; only upon measures which the Government and a large majority of the Lower Houee had determined, after the opportunities for deliberation and consultation with the electors afforded by the recess, to be i such as they were bound to insist on. But Mr Vogel, according to the telegram, proposes that any Bill sent up to the Council and lost there may be at once referred to a joint meeting. Tbafc is to say, on any occasion whatever, if the House of Representatives passes a Bill and the Legislative Council thinks fit to reject it or let it lapse, the Government will have power to instantly convene a meeting of both Houses, and, if their majority is large enough, to carry the Bill then and there. Mr Vogel can surely neverhave intended that. The monstrous impolicy of such a proceeding, in the utter destruction it j involves of any check upon hurried legislation, must be evident to everyone. And as regards the Upper House it is tantamount to abolition. It simply obliterates the Council as a legislative body. It might as well be enacted that any measure rejected by the Legislative Council by a majority numerically smaller than that by which it had been passed in the House of Kepresentatives should become law notwithstanding such rejection. We believe the provisions of the Bill have been misreported. But as it is described in the telegram, we can only cay that it is little else than an insult to the members of the Council to submit such a proposition to them, nor can they with any self-respect consent to entertain it.