CONSTITUTIONAL POWERS OF THE NEW ZEALAND PARLIAMENT.

Lyttelton Times, Volume XCVI, Issue 11108, 6 November 1896, Page 2

CONSTITUTIONAL POWERS OF THE NEW ZEALAND PARLIAMENT.

TO THE EDITOR. Sir, —When the Act for the enfranchisement of women was passed I questioned through your columns if it were not ultra vires.' Your leader of Oct. 27, upon the passage of a sirailiar measure in the Victorian Parliament to my simple mind entirely bears out my previous contention. Not that I wish to deprive ladies of the voting privilege. God forbid! But I should wish that auy radical change as exhibited in a measure like this should have been enacted in a truly constitutional manner, and I repeat that this was not done in the colony, and, therefore, the Act stopped short of its completeness and is bad. In your leader you say that Mr Lawyer Moule (who, by the way is supported in his opinion by four leading members of the Victorian bar) maintains that “ women though they were possessed of qualification could not vote, although on the roll, because they did not possess the status—did not belong to the class.” If this means anything it means what I before contended, that under a similar Crown constitution to our own Victoria has no power to pass such an Act without it being reserved for her Majesty’s approval and allowance, it thereby (if so allowed) becoming the law of the realm. This argument also applies to a beneficial Crown grant, such as the Christchurch Racecourse Reserve grant. Once the Crown has divested itself of its rights no action by creatures of a Crown constitution, like a colonial Parliament, can recall or curtail these granted privileges. or in any manner interfere with the original creation and free exercise of the public rights more especially after a more than twenty years’ user. In point of fact, any such legislation is foreign to New Zealand parliamentary powers, and if contested would be pronounced of no avail. It must be borne in mind that no value can attach to any colonial legislation unless and until it is in perfect accord with the powers delegated to the Houses of Legislature by the British Crown under the Constitution Act. In Clive’s day this was manifested in India. What effect the Victorian position will have on the apjiroaching elections I am at a loss at present to say, but the case is one we may well ponder over, and thereby be made wise in time.—l am, Ac.. MICHAEL HART.