The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-10-03
n, r.. CuNLIFfE.OWEN.


vuST two weeks ago | irtimated in
these columns that in view OF
the internal dissensions In the
u huge and unwieldy coalition ad.
m%inistration in England the difficulties
resultiry therefrom. particularly those
IN connection with the compulsory SER
vice problem. would be solved by the
concentration of the executive power
IN the hands of a few chosen states
men. such as Herbert Asquith, Field
Marshal Lord Kitchener. Sir Edward
Grey. Lloyd George and r or two
others. who. subject to the King. would
form a sort OF dictatorate during the
var.
on Monday last this prediction was
fulfilled when the Prime Minister an
nounced in Parliament that a special
committee Of the Cabinet had been
oraanized Ito take charge OF the war;
Inc committee consisting Of the Pre-
mler himself. Lord Kitche,vr. Lloyd
George. Sir Edward Grey. Arthur Bal
four. Lord Lansdowne Andrew Bonar
Law and Wirston Spencer Churchill.
Since cverythins in the United King.
dom. anu llIffu ilIpN- i1but lnC p'NllTt
vast British Empir, q. the present mo-
ment. is subordinatcd to the war. this
means that tine committee in question
will form what is virtually n dicta-
,oratc.
Its members derive :hc cXtraord!-
nary powers with which they have be-
come invcstcd-po"er tlat are SUI
preme and virtually overriding the law
If the land and all civil righ's-partly
from the fact that thev are the most
important and influential members Of
the Cabinet. but still more from the
circumstance that they constitute a
committee Of the p:ivy Council-that
Privy Counc!, through whi,h the King
exercises q sovereign authorit. siipe-
rlor 10 Parliament in times of national
stress an peril. The DEGREES oc the
Privy Counc.. ere known as orders in
council. They are tie modern equiv
alent Of the medieval Ordinance. and
" the X yal Proclamation, so fire.
quently used ny tho Tudor and Stuart
monaTchs. Tnu orders in council dr.
fer from the ordinary statute. in that
they do no, require the sanction of
Psrliam ~. and arc issued hy the King
by virtue of h!s royal prerogative. But
he only issues them OIL the strength of
the advice of mo or moro Privy Coun-
c%illors. WHO are Ministers of the
Crown.
There arc ;hrec different species OF
orders n counc.. Thus there ar,
those tina, are issuel tn regulate the
provision. for the putting into ecu
ton Of acts of Parliament. Then
there are the orders IN council that
are used by the various administrative
apartments of thc Government. on
he strength OF powers conferred upon
.San 10y some ac; OF Parliament.
Finally there are the orders in council
that are entirely Independent, of the
!mper al legislature and which are
employed by the sovereign and the
G vernmcrt either 20 assist and sup
~plenlent existing legislation or else in
order To- dea. with some emergency
no, dire city provided for by Jaw.
In times 81 war, such as these which
now prevail. orders in council are in
dispensah.e 10 the executive. II IS
no; always either convenient or p-litic
20 consul u Parliament, consisting OF
over 100 members as to the neces-
sity uf adopting this or that measure
rendered urgent by unforeseen cir
C~rmstances. Legislative discussion
always involves publicity and delay
and these cannot be permitted in mo-
ments OF national crisis, when the well
fare, the safety and even the very
existence Of the empire are at stake.
There IS practically no limit to the
authority which the King and hi.
Minister can exercise by oil
these orders In council. The Govern
ment can, for instance, by an order n
council assume contro. II the entire
railroad system OF the empire. 1t car