New-York tribune., 1886-04-26
THE HOME RULE BILL.
THE TEXT AS COMPARED WITH Mr.. GLAD
STONES SPEECII-THE VETO.
LONDON, April 10.

printed and was distributed yesterday. 1t is In
dorsed on the back: Prepared and brought in by
Mr.. Gladstone, Mr.. Secretary Childers. Mr.. John
Morley and Mr.. Attorney General "a noticeable
collection of names. The curious and clumsy ap-
peilation have quoted will never be used even
officially. Government Of Ireland Bill " Is the
name given to II on the title-paIe, but neither Is
that to be the permanent short title. Ii IS hence
forth, according TO its forty first clause to be cited
for all purposes as the Irish Government Act.
These are details. bat they are not without sig
nfcance.
The bill had not been many hours accessible when
the London papers of to-day went to press but they
all, besides printing it in whole or in part, have
articles upon it. Presuming il will be tcegraphed
in full to New-Y0rk, as it well deserves to be,
shall obtain for analysis summary of this remark
able document as n whole. There remains more
than enough to say its reception and on certain
features of the bill as they look to ole on this side
of the Atlantic AS for the reception of the bill by
the press and the public. nobody suppOses that
hasty study of the printed provisions of complex
legislative proposal will much modify the opinions
of frieds or foes Irish Home Rule is condemned or
supported in England Oh general grounds Mr..
Gladstones measure. also, has been condemned or
supported according to the view people took of
the principles and main features of IT, to the expo
sition Of which he devoted three hours and half
yesterday week.
There Is, however a qualification to this general
statement which 1t will be useful to bear i'll mind.
Home Rule il one thing, Mr.. Gladstones Home
Rule bill is another 1t is possible to be III
favor of the principle of self-govornment for
Ireland and to think Mr.. Gadstonc's attempt to
confer it imperfect in particulars and impracti-
cable in method. Some of the Irish Home Rulers
Themselves are very doubtful about Mr.. Glad
stones scheme and still more doubtful about the
notifications of il to which he is understood to he
ready TO assent. The scheme, at any rate deserves
to examined on its merits. FOrcgone conclusions
Will help nobody. To start with, the conviction
that this is the only possible measure of Home
Rule Is an attitude of mind no more judicial than
to start with the conviction that any measure of
Home Rule must be bad or good.
This is really bill for creating Parliament in
ireland with limited powers, and for the establish
ment of new Irish Executive Mr. Gladstone
said on Tuesday that he had surrounded his meas
ure with safeguards, not because he himself
thought them Likely to be needed, but III Difference
to the opinion of those who did. In other words,
he well knew that no bill had chance of passing
which did not profess to the rights OF the
Crown and of the Imperial Parliament well as
10 protect in some way the loyal minority IN Ire
land The fist point therefore, 20 which inquiry
aud examination IN England will address itself is
how far he has made his safeguards efficient.
II is for the Irqh to crihcise this measure from
the opposite point of view. 1t is open TO them to
say that they want an Irish Parliament with COM
plete jurisdiction over Irish affairs, and to ask
whether they have got such "A Parliament IL this
Bill They will find to begin WITH a list of twenty
different specified matters relating to no one of
which can the IIish Legislature pass any law. 1t
IS probably a result of haste in drawing the bill
the section including the first thirteen exceptions
is declared void, with respect to the remaining
seven no such declaration is made. They have
been told that Home Rule according to the Amer-
can pattern had been thought too narrow, and that
Canada had been taken a pattern tor the framing
of tins measure. Yet there cases in respect TO
which an American State has rights which are not
here conceded to Ireland. The militia Is one. A
well-reGulated militia" says the American Consti-
tuition, beng necessary 10 the security of a fIee
Staie the rght of he people 10 keep and bear arms
shall not be infringed." But Mr. Gladstone in
frnces it in Ireland. His exposition in tie House
was not thought to have covered the case of the
militia. On referring to it. however. you Will
tind-as you will find i'll many other cases
that prohibiton-or sometimes a principle
Of great potency is embodied in "A sentence
part of sentence - sometimes III
parenthesls He said he should Withdraw from the
cognizance of his new legislative body the entire
organization of armed force. And the bill enacts
explicitly that the Irish Legislature shall make no
laws relating TO the army, navy. militia, voun-
teers or other military naval forces, or the de-
fence OF the realm.
The point on which least has been clearly set |
forth. whether by advocates critics of this |
measure is the method of giving effect 20 the pro-
hbitions and limitations upon the IRISH Legis- |
. he of la ROW of he
Imperial Parliament. Much was SAID about the |
two orders and the veto of upon the other; and
much remains to be SAID But 1t was impossible to |
gather from Mr.. GladsOnes speech that he thought
the veto vital question. He remarked-quitc |
casually-that the prerOgatives OF the Crown would
be reserved. Presently 1t was explained by Mr.
John Morley that the veto on Irish acts would
be the same the veto on colonial acts. The
distinction Is most important, because the veto of
the Crown Imperial legislation is obsolete. 1t
died with Queen Anne, and nobody Will dispute
not the children IN the nursery-that Queen Anne
Is dead 1t died before her, for there has been no
instance of the of the royal veto
since the Union of England and Scotland
in 1907. But the veto on colonial acts
is in full force only. instead of being exercised
upon the advice of Minister'S 1t is exercised by the
Queen in Council phrase which, we shall see
in "A moment has a judicial and not political sig
nIhcance.
It certainly will surprise the most attentive
readers OF Mir Giadstone's speech to find IN the ti
series of elaborate provisions for aunnling what
may be called unconstitutional acts of the lrisn
Legislature. Mr.. Gladstone is, for obvious reasons,
chary of acknowledging his obligations to the Con-
stitutIon Of the United States. Perhaps he has
never referred further back than the English
Colonial Laws Act OF 1855, but the trainers of that
act had certainly studied the organization of the
Supreme Court of the United States and the way
IN which it gets Its jurisdiction Congress and
the State Legislatures. Colonial statutes de-
pend ultimately for their validity