MR. LANG'S TACTICS

Evening Post, Volume CXII, Issue 11, 13 July 1931, Page 10

MR. LANG'S TACTICS

POWERS OF GOVERNOR

NEW SOUTH WALES CRISIS

FREE HAND CLAIMED

(From "The Post's" Representative.) SYDNEY, 9 tli July.

In the political crisis in Now South Wales, 0110 thing stands out clearly, and: that is that the Governor, Sir Philip Game, will not be brow-beaten by the PrGmior (Mr. Lang) or anyone else for tli at matter. It seems to bo only a matter of days now when he will be asked to make appointments to the Upper House that will have the effect of swamping that chamber with Labour nominees. Following the revelations contained in the letters that were tabled iv the Legislative Assembly last week, it is safe to say that he will take the stand adopted by his predecessor, Sir Dudley de Chair, and refuse to make appointments that will compensate for the defection from Labour of Labour nominees already sitting in the Legislative Council. The swamping of the Upper House along the lines desired by Mr. Lang would mean that the membership of that chamber —purely a nominee body— would outnumber that of the Assembly. That would be extraordinary, to say the least, especially as the electors have already approved of the policy.to reduce the Upper House, under an elective constitution, to CO. It is,still impossible, too, to hide the fact that the very existence of the Upper House is in doubt, and will be until the Privy Council decides whether or not it can be abolished without a referendum. There are some constitutional authorities who say that whilo this matter is sub judice, tho numerical strength of the Council can be neither increased nor reduced. If tho Governor did agree to appoint a number of Labour nominees another legal battle would be certain, so in the midst of all its woes New South Wales faces many vital constitutional issues. NO LUCRATIVE SINECURE. The publication of the correspondence which has passed between the Governor and Mr. Lang, dealing mostly with tho position that arose when the Legislative Council postponed indefinitely consideration of. the Arbitration Amendment Bill, has at least shattered the commonly-accepted belief that the Governor enjoys a lucrative sinecure. Most people picture a Governor as spending most of his time attending shows and other functions, and making pretty, innocuous speeches. Sir Philip Game in his letters made it clear that a Governor is not a mere servile creature of the Cabinet. He laid it down fairly definitely that in the exercise of his powers he was permitted to use his own discretion. Later ho showed he was prepared to exercise that discretion when the need arose. For that reason most people in New South Wales believe that when Mr. Lang advises further appointments to the Council the advice will be rejected.. The main constitutional issue seems to be whether the Governor is compelled to accept the advice of his responsible Ministers. Sir Philip Game has maintained that he has a free hand, and to this Mr. Lang replies that, if so, he is more powerful than His Majesty the King, who would not dare to reject the advice of his Prime Minister. So far the discussions between tho Governor .and Mr. Lang have been of -a very friendly nature, but it soon became evident that Mr. Lang was not getting all his own way when a private member moved in the Assembly a motion so worded that its object could not be other than to strengthen . Mr. Lang's hands in an appeal to the Dominions Office to instruct the Governor to do as he is told. It is not difficult to imagine why Mr. Lang should leave it to a private member to move the motion. Mr. Lang is noted as much for his cunning as for his political sensations.' > . THE CLAIM OF CAUCUS. Tho claim of tho State Labour Caucus "that it is the bounden duty of tho Governor to accept tho advice of his. Ministers in every instance" is opposed to the opinion of all the authorities who set it down as due to confusion of thought. An identical position, it is pointed out, has not arisen previously, but a near parallel exists in a situation which arose in Queensland some time ago.. The Legislative Council rejected the Assembly's proposals. Tho Premier asked the Governor —Lord Chelmsford he was— to appoint sufficient members to swamp the Council. He refused. The Ministry thereupon resigned. A new Premier took office, but he could not obtain supply. He was'given a dissolution, the electors pronounced against him, and he resigned. The former Premier then formed a new . Ministry, and carried on without effect being given to the swamping proposals. lii Mr. Lang's case it is stated by authorities that any insistence upon the appointment must be fatal to either himself or the Governor.. If the Dominions Office refused to recall tho Governor, that would be equivalent to saying that the' Governor had pursued the proper constitutional course, and, inf erentially, to indicating that, as he no longer had the confidence of the Governor, Mr. Lang should resign. The whole point seems to be that the Governor cannot act without the advice of his Ministers, but he can refuse to act on the advice of the self-same Ministers.

The cable which the Federal executive of the Australian. Labour Party has sent to the Dominions Office stating that Mr. Lang had broken away from tho party which had condemned his financial proposals has complicated the issues. It is npt thought that the Home Government would take very much notice of the cable, but it may unconsciously influence the Secretary for the Domiuioas if he is called upon to decide whether or not Mr. Lang has the people behind him and is acting in accordance with the mandate given him.

The whole position is very complicated, and New South Wales continues to drift along aimlessly, a derelict in the political seas of Australia.