Evening Post. MONDAY, MAY 9, 1887.

Evening Post, Volume XXXIII, Issue 108, 9 May 1887, Page 2

Evening Post. MONDAY, MAY 9, 1887.

THE REFORM OP THE COUNCIL. ♦ We can see no good reason why the Legislative Council should not have the power its members seem anxious to secure, of eleoting its Speaker. The Constitution Aot, by section 38, vests the appointmont in the Governor, which, of course, under a representative system, means making it a piece of patronage for the Government of the day when a vacanoy ooouts. It is also true that the same clause empowers the Governor at pleasure to remove any member from the position of Speaker, and to appoint another in his stead, Dut this is a power which could never bo exercised except for grave reasons. The 38th clause of the Constitution Aot is ono of those which the Assembly has full power to alter as it may think fit, so that there is no technical difficulty in tho way of giving the Council tho samo power the Houso has in regard to the appointmont of its Spcakor. Thoro was, no doubt, a reason for tho original provision in tho Constitution Aot. There seems to bavo been an idea of establishing an analogy so far as possible between tho Council and tho Houso of Lords. The latter doos not olect its Speaker. The Lord Chancellor, who holds the seals from Her Majesty, acts as Speaker, and is, of course, a member of the Cabinet. Here, however, the Speaker of the Council holds no party position, although 1 ha is really the nominee of a party. Whon the original provision was made there were actually no Parliamentary parties in New Zealand, and no probability of anything like responsible government being established. The appointment was therefore really one by the Crown. We are not surprised that the Council now wishes to have the appointment in its own hands. The preoedent established in the case of Sir William Fitzhsbbkkt must be one rather galling to old Councillors. He was Speaker of the Lower House until the work there became too arduous, and then, a vacancy occurring iv the Council, he was transferred to its chair without any previous service or experience in the Council. A nominal compliance with the law was made by his being called to the Council beforo his patent as Speaker was signed, but in reality the appointment of Speaker was conferred upon him before he was a member of the Council at all. The Legislative Council may well object to the Speakenhip being made a kind of retiring billet for worn ont Speakers of the other Honso, to tho exclusion of members of their own body who may have for yoarß served in

the Council, and bo in overy way qualified to preside over ita deliberations. We do not think the House will offer any objeotion to the wish of the Council in this matter, but it may be necessary aa a matter of good faith to provide that the power of election shall not be brought into operation for some little time to come. It U notorious that Mr. YVaterhoube, although legally installed in the Chair, is in reality only to be regarded as the locum tenens of Sir William Fitzherbbrt, the understanding being that Mr. WaterhoußE hands over to Sir William Fitzhebbebt the full salary for this session and retires in his favour when 'the bitter gentleman returns. This understanding would have to bo recognised in any new arrangement aB to the modo of appointment. It would not be fair to take advantage of the circumstances to oust Sir William Fitzherbert. Ajs to the proposed limitation of all future appointments to a term of years, we entirely agree with it, and think the Council will do well in accepting this provision. It is said that some members will try and get a clause inserted fixing a maximum number of members, probably 40, and providing that no vacancies shall be filled up until the Houso is reduoed from its present number of 48 (or with Rofata 49) to this maximum. This would bo a most dangerous provision, and one to which tho House could never agree. No doubt the Council iB at present too largo, and no new appointments should be made, except under very exceptional circumstances, until tho number of members is very considerably reduoed, but the power to mako new appointments is one which the Government, as representing the popular branch of the Legislature, should always retain. It is absolutely essential as a safeguard to the liberties of the people, and an aßßurance that tho popular will must govern. If a nominated Chamber of either life or long-term members, with a fixed maximum, existed, it would practically govern the country. The representative Chamber would be nowhere The Council for probably a score of years could, if it donred to do so, defy the Houso of Representatives and tho constituencies. Wnilo the number of members of the Council is unlimited, and the j Government of the day, if backed thoroughly by public opinion, can at any timo make a sufficient number of members of Council to carry any measure on which tho public will is determined, the Council cannot absolutely block the way or cause a deadlock. The existence of the power is tho vory best guarantee against the probability of any necessity for ita exercise over arising. Tho power is one which the House of Representatives will never agree to part with.