The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-08-10
A Proposed Constitutional Amendment
in Canada

According to telegram from Ottawa,
Sir WILFRID LAURIER will request the
British Parliament so to amend the British
North America Act as to readjust the rela-
tons OF the Senate to the House OF Com
mons in the Dominion OF Canada. He will
propose, it is said. that, when the House OF
Commons shall twice pass bill, to which
the Senate refuses to agree, the two Houses
shall meet in joint session, and, il the bill
shall then receive majority OF votes it
shall become a law.
Commenting upon this proposal. one Of
our contemporaries asserts that 1t would
be more equitable to follow the precedent
set by the new Australian Constitution,
and require a dissolution Of Parliament
before convoking' the Houses in joint ses-
sion. The assertion implies failure to
perceive the vast difference between the
Dominion Senate and the Senate contem-
plated by the trainers OF the Australian
Constitution.
1t is we'll known that Sir JOHN MCDoN-
AIDS desire to copy the British Constitu-
ton in the Federal organic law for Canada,
embodied in the British North America Act,
led him to reproduce some features obvi-
I ously unsuited to Canadian conditions. or
these incongruities, the most glaring is the
Senate OF the Dominion, which was in
tended to be a counterpart Of the British
House of Lords. The Dominion Senate rep
| resents neither the constituent provinces
| or States, like the Senate Of the American
+ Union or OF the Swiss Confederation /; nor q
picked body OF electors, like the Senate es-
tablished for the third French Republic by
the Constitution Of 1875 and subsequent
amendments 1t is not an elective body at
all but IN appointive body, all the men,
bers Of which are named ostensibly by the
| Govclnor-General, but really at the dcta-
tion of the Prime Minister for the time
being.
Inasmuch as Conservative Ministries have
been in power during by far the greater
part Of the thirty-one years that have
| elapsed since tho British North America
Act went into operation, 1t is manifest that
Conservatives must greatly preponderate
in tn" Senate 1t is true that, to overcome
factious opposition in that body a Dominion
! Prim" Minister may resort to the same ex.
! podiont which may be employed by q Brit
ish Prime Minister with reference to the
House Of Lords. That Is TO say, he maya adj
wise the Governor-General to appoint a suf
ilcient number OF Liberal Senators to over
come the obstruction offered.
1t is natural, however, that SIR WILFRII
LAURIER should shrink from making q
sweeping use OF this weapon, for the prece
dent, once established, would be followed
by the opposite party in corresponding cir
cumstances. and the ultimate effect would
he to bring the Upper House into contempt
1t Is, 10y comparison, moderate and ever
indulgent proposal that, when the Domin
ion Senate shall have twice attempted e
thwart the will of the House OF Commons
the two Houses shall meet in joint session
and the fate of the controverted bill shall
he decided by a majority. The notion tina
n purely appontivc body, like the Dominion
Senate. should have the power. by opposing
the wishes OF the peoples representatives
to bring about a dissolution Of Parliamen
IS evidently absurd, and il derives not tn,
slightest support from the provisions OF tn,
new Australian Constitution.
The Senate contemplated by the framer
OF the Australian Constitution is not an ap
pointive body at all, but Is as truly an cleo
tive one as is the Senate Of the American
Union. Each Of the constituent colonies O