In 1894 the Government passed an Act which was intended to meet the

special requirements of the unemployed. Any number of men composing an

association may, by agreement with the Minister of Lands, settle upon

Crown Lands for the purpose of clearing or otherwise improving them,

and will, subject to the authorisation of Parliament, receive from the

Colonial Treasurer payment for their work. They are entitled thereupon

to take up holdings at a rental based on the combined value of the land

in an unimproved condition and of the improvements. This system, which

is known as that of Improved Farm Settlements, has been worked largely

in connection with co-operative works. In March of last year 39

settlements had been initiated which covered 63,600 acres and carried

679 residents. They have "had the effect of removing from the towns a

considerable number of people who otherwise would have been found in

the ranks of the unemployed, and an opportunity has been given to all

who are really desirous of becoming _bona-fide_ settlers to make homes

for themselves, and become producers rather than a burden on the State.

Many who have taken up land on this system brought no experience with

{112} them to aid in the operations of the pioneer work of settlement,

and this had to be gained at some cost to themselves and the State. So

long as the Government continues monetary aid by way of assisting in

clearing, grassing, and house-building, all will go well; by the time

this comes to an end, sufficient experience should have been gained,

and the farms ought to be stocked. This latter is at present a

difficulty with many of the settlers, for it is obvious that many of

them can at first do little more than support themselves out of the

moneys advanced for clearing, without sparing anything for stock."[4]

The success of these settlements, it is pointed out, depends upon the

simultaneous occupation by men with capital of the adjoining Crown

Lands in larger holdings on which there will be a demand for the labour

of the settlers; otherwise they will be in difficulties when the roads

are completed, as their blocks of a hundred acres or so will not alone

suffice to secure to them a livelihood. This principle has been borne

in view, as far as possible, in the location of the settlements.

Labourers for the co-operative works, I should have stated, are

recommended by the local agencies of the Labour Department, and are

selected on the principle that applicants not previously employed have

priority of claim over those who have recently had employment; that men

resident in the neighbourhood of the works have priority over {113}

non-residents, and that married men have priority over single men;

while the qualifications of the men as workmen and their personal

characters are naturally taken into consideration. During the five

years of its existence, the Labour Department has found employment for

nearly 16,000 men; of the 2,781 men assisted during the year ending

March, 1896, 2,163 were sent to Government works. Under the control of

the Labour Department is a State Farm, in the province of Wellington,

at which unemployed are received for a few weeks or months, and, having

saved a few pounds, are enabled to seek work elsewhere. The farm is

specially adapted for young, able-bodied men who have been brought up

as clerks and shop assistants, but, owing to the stress of competition,

have been thrown out of employment. Many of them would be prepared to

undertake manual labour, but lack the necessary experience. At the

farm they would be able to obtain in a short time sufficient knowledge

to render them capable of accepting work for private employment. The

Secretary of the Department of Labour, Mr. Tregear, maintains that the

farm has proved its usefulness and should be supplemented by similar

institutions in the other provinces. Since the last annual report, I

understand, the Government have decided, as the land has been improved

to a point which renders it impossible to employ any considerable

number upon it profitably, to dispose of it, and to remove the workmen

{114} to fresh areas of uncleared land. They hope to recoup themselves

for their whole expenditure, but will not necessarily be convicted of

failure should they fail to do so, as the undertaking was started on a

charitable, and not on a commercial, basis. It aimed at the assistance

of the genuine unemployed, and was not intended to become a refuge for

confirmed loafers. On this point Mr. Tregear writes, and his views are

those of the working men of New Zealand: "I am more and more impressed

with the necessity that exists of establishing farms which shall be

used as places of restriction for the incurably vagrant atoms of the

population. The State Farm does not and should not fulfil this

purpose; it is for the disposal and help of worthy persons,

unsuccessful for the time, or failing through advance in years. What

is required is a place of detention and discipline. There exists in

every town a certain number of men whose position vibrates between that

of the loafer and the criminal: these should altogether be removed from

cities. The spieler, the bookmaker, the habitual drunkard, the loafer

on his wife's earnings, the man who has no honest occupation, he whose

condition of 'unemployed' has become chronic and insoluble--all these

persons are evil examples and possible dangers. Such an one should be

liable, on conviction before a stipendiary magistrate, to be removed

for one or two years to a farm, where simple food and clothes would be

found for him {115} in return for his enforced labour. The

surroundings would be more healthy, and open-air life and regular

occupation would induce more wholesome habits and principles than the

hours formerly spent in the beer-shop and at the street-corner, while

the removal from bad companionship would liberate from the pressure of

old associations. He would, on his discharge, probably value more

highly his liberty to work as a free man for the future, and, as the

State would have been to no cost for his maintenance, it would be a

gainer by his temporary removal from crowded centres. There need be no

more trouble than before in regard to the sustentation of the

restricted person's family, as such a vagrant is of no use to his

family, but only an added burden. While for the honest workman,

temporarily 'unemployed,' every sympathy should be shown and assistance

to work given, for the other class, the 'unemployable,' there should be

compulsory labour, even if under regulations of severity such as obtain

in prisons."[5] New Zealand has a justification for penal colonies

lacking in older countries in the fact that the genuine unemployed can

obtain assistance from the Government to enable them to settle on the

land, either through the Co-operative Works or the Improved Farm

Settlements.

The special efforts of the Government to settle impecunious persons on

the land are still in the {116} initial stage and have not served to

neutralise the effects of the lowness of prices and consequent scarcity

of employment. The total expenditure under the heading of Charitable

Aid was L106,500 in the year ended March, 1896, being an increase of

L20,000 upon that of the previous twelve months. A sum of L18,000 was

also spent on relief works. The administration is vested in the local

authorities, who obtain the necessary funds from rates, voluntary

contributions and subsidies on a fixed scale from the National

Exchequer. They expend one-fifth of the amount on the maintenance of

destitute children and the greater portion of the remainder on outdoor

relief. No information is available as to the number of persons

relieved, their average ages, the form of relief or the conditions

under which it is given; but it is evident from reports of the

Inspector of Charitable Institutions that the administration is

exceedingly lax and tends to intensify the evil which it should strive

to alleviate. It would seem that, on the one hand, the Government are

inculcating habits of independence, on the other, conniving at the

encouragement of pauperism.

The results of recent legislation will depend, partly, on the price of

produce, principally, on the methods of administration. This matter is

one on which it is difficult to form an adequate opinion, as all

statements are tinged more or less with the prejudice of partisanship.

It is therefore {117} best to confine oneself to Acts of Parliament and

official documents while realising that the more a State extends its

sphere of action, the more are its Ministers subject to political

pressure and tempted to maintain themselves in office by a misuse of

the possibilities of patronage. The disposal of Crown Lands is vested

in Local Land Boards, which consist of the Commissioners of Crown Lands

for the district, and of not less than two nor more than four members

appointed for two years, but removable from time to time by warrant

under the hand of the Governor. These Boards receive all applications

for Crown Lands and dispose of them in accordance with the provisions

of the Land Acts. They are constituted the sole judges of the

fulfilment of the conditions attached to leases and may cancel them,

after inquiry, subject to the right of appeal to a judge of the Supreme

Court. If any lessee make default in the payment of interest, his

lease is liable to absolute forfeiture, subject to a similar right of

appeal, without any compensation for his improvements. This question

is one of great delicacy: it is manifestly unfair to confiscate a man's

improvements if he has a fair prospect of being able to meet his

obligations within a definite period; on the other hand, if such

latitude be allowed, possibilities of favouritism are at once admitted.

Again, are all applicants for land to be treated alike, irrespective of

the probability that they will be good tenants of the Crown? The {118}

Land Boards are vested with a discretionary power to refuse

applications, but must state the grounds of their refusal. The best

constitution for these Boards has been much discussed; but if, as has

been proposed, nomination by the local authorities or election by the

electors of local authorities were substituted for nomination of the

Government, the pressure might be not only greater, but more immediate.

Statistics, moreover, show that the administration of the Land Laws has

not erred on the side of leniency. In March, 1896, the arrears of rent

throughout the Province were only L15,700, a decrease of L22,000 upon

the amount reported for the previous twelve months; and forfeitures had

been numerous for failure to carry out the conditions of tenure. Under

exceptional circumstances Parliament is prepared to make special

arrangements. In view of the losses incurred by pastoralists during

the severe winter of 1895, it passed a Pastoral Tenants' Relief Act,

which empowered the Land Boards after inquiry into the facts of each

case to grant remissions of rent or extensions of leases at reduced

rentals. The Advances to Settlers Act also appears to be administered

prudently, on the principle that the value of the property which may be

offered as a security for a loan, and the risk of any loss from

granting an advance, must determine the result of the consideration of

every application. It is a necessary limitation of the Act that many

of those who most {119} require assistance, having borrowed at high

rates of interest, are unable to obtain the advances which would enable

them to clear off their mortgages on account of the depreciation in

value of the security. Of 2,196 applications received to March of last

year, 730 had been refused, and 397 had lapsed through the refusal of

the department to offer amounts equal to the expectations of the

applicant.

The Acts providing for the purchase of private and native land and for

advances to settlers have necessitated a large increase in the

indebtedness of the Colony, and a consequent divergence from the

principles laid down by Sir Harry Atkinson and Mr. Ballance. The

present Premier, Mr. Seddon, who succeeded Mr. Ballance in 1893, admits

that his Government borrowed L3,800,000 in three years, but contends

that the whole of the amount with the exception of L210,000 is being

expended in such a manner as to be remunerative. The sum mentioned is

exclusive of a loan for a million authorised last session, which is to

be expended upon the construction of railways and roads, the purchase

of native lands, and the development of the goldfields and hot springs.

Have these loans been in the best interests of the Colony? A stranger

can but look at the matter broadly and will be inclined to think that

they follow, in natural sequence, upon the policy of Sir Julius Vogel.

The State then decided that it would use its credit to accelerate the

construction of railways and roads and open up {120} outlying

districts. Such works were valueless--in fact ruinous to the

Province--unless they were followed by a strenuous and successful

encouragement of settlement and cultivation. The latter task has been

the principal work of the Seddon Government, which has attempted, not

only to settle people on the land, but to settle them in suitable

localities and under conditions that will give them a reasonable

prospect of an independent and comfortable livelihood.

[1] "The Colony of New Zealand," Gisborne, p. 170.

[2] "The Colony of New Zealand," Gisborne, pp. 171-2.

[3] New Zealand Official Year Book, 1894. Report by Under-secretary of

Public Works.

[4] Report of Department of Lands and Survey, 1896; page iv.

[5] Report of Department of Labour, 1896; page vii.

{121}

V

_CHARACTERISTICS OF VICTORIAN LEGISLATION_

Comparisons between the Australasian Upper Houses--Conflicts between

the two Houses in Victoria--The proposed obviation of deadlocks--The

utility of the Legislative Council--The antagonism between Town and

Country--The Factory Acts, their justification and provisions--State

Socialism: Railways, Irrigation Works, the encouragement of Mining,

Subsidies and Bonuses, State advances to Settlers--The Unemployed and

the Leongatha Labour Colony.

The Victorian Legislative Council is, from the democratic point of

view, the most objectionable of all the Australasian Upper Houses. In

Queensland, New South Wales, and New Zealand, the members of the

Council are nominated for life and receive no remuneration for their

services; but, as their number is not restricted, their opposition to

measures passed by the Assembly is limited by the dread that the

Executive may exercise the power of making additional appointments. In

the other Provinces the Councils are elective; in South Australia,

Western Australia, and Tasmania, as in the Provinces already mentioned,

the Members are {122} subject to no property qualification, and in New

Zealand, South Australia, and Tasmania they are paid at the rate,

respectively, of L150, L200, and L50 a year. In Victoria, on the other

hand, there is a property qualification for membership which consists

in the possession of a freehold estate of the clear annual value of

L100, which confines eligibility to a small fraction of the population;

and the area of selection is restricted further by the absence of

remuneration and by the size of the electoral districts, which

necessitates heavy expenditure on the part of a candidate at a

contested election. Under these circumstances, the comparatively low

electoral franchise, which admits upon the rolls two-thirds of the

voters for members of the Assembly, is absolutely useless to the

democratic electors: they are unable to find candidates who will adopt

their views, and have been obliged, as at the last elections, to allow

all the retiring members to be re-elected without opposition. It

should be stated that the members are elected for a period of six years

in ten provinces, and retire in rotation at intervals of two years.

The Victorian Assembly consists of ninety-five members who are elected

for three years upon the basis of manhood suffrage and receive

remuneration at the rate of L270 a year. Conflicts between the two

Houses were incessant during the first twenty-five years of Responsible

Government. Immediately after its establishment in 1855 a struggle

{123} arose as to the right of selection upon pastoral properties, in

which the Council supported the interests of the squatters. The issue

could not be doubtful, as the squatters, who had been allowed to

depasture enormous tracts of land in the early days of the Province,

had no fixed tenure and were impeding the settlement of the country.

In 1865 the Assembly passed a protective tariff which was distasteful

to the Council as representative of the producers, and tried to secure

its enactment by tacking it on to the Appropriation Bill. They relied

upon the section of the Constitution Act which provides that "all Bills

for appropriating any part of the revenue of Victoria, and for imposing

any duty, rate, tax, rent, return or impost, shall originate in the

Assembly, and may be rejected but not altered by the Council." Upon

the refusal of the Council to submit to such coercion, the Ministry

arranged with various banks that they should advance the funds required

for public purposes, levied a tax upon a resolution of the Assembly and

paid the civil servants without parliamentary authority. A general

election followed, at which the Ministry were successful; the Assembly

and Council repeated their action of the previous session, and,

finally, the Council agreed to accept the new tariff provided it was

submitted to them in the form of a separate Bill. Similar

constitutional struggles occurred in 1867 upon the proposed grant to

ex-Governor Darling, and in 1877 upon the Bill to provide for the

payment of Members {124} of the Assembly. During the following years

peace reigned between the two Houses, owing at first to the great

prosperity of the Province, which caused universal confidence, and the

predominance of material considerations; afterwards to the equally

great reaction which compelled politicians to sink their differences

and combine to save the credit of their country.

The antagonism was renewed in 1894 upon the proposals for additional

taxation, by which the Premier, Mr. Turner, hoped to cope with an

anticipated deficiency in the revenue of more than half a million

pounds. His scheme included the repeal of the existing land-tax, under

which landed estates of upwards of 640 acres in extent are taxed

annually upon the excess of the capital value over L2,500--an impost

which obviously penalises rural, at the expense of urban, properties

and was intended to promote the subdivision of the land (though it does

not appear to have had much effect in that direction); and the

imposition of a tax on unimproved values at the rate of 1d. in the L,

subject to the exemption of L100 when the value does not exceed L1,000,

and of an income tax which, subject to the exemption of incomes not

exceeding L200, was to be at the rate of 3d. in the L on incomes

derived from personal exertion and 6d. on incomes derived from property

up to L2,200, above which sum the amount was in both cases to be

doubled. Absentees were to pay an additional 20 per cent., {125} and

incomes from land were to be exempt where the owner paid the land-tax.

These taxes, it was calculated, would yield an annual revenue of

L600,000. The Finance Bill was passed in the Assembly at its second

reading by a majority of twenty-two, but in committee it was amended so

as to exempt from the land-tax land values of less than L500. The

resultant deficiency in the proceeds of the tax was made up by a

continuance of the primage duties and by an increase of the tax on

incomes derived from personal exertion. Upon its transmission to the

Council the Bill was summarily rejected, the Minister who was in charge

of it alone, beyond the tellers, being in its favour, on the ground

that the questions of a tax on unimproved values had not been submitted

to the electorate and that, in the existing conditions of the Province,

any further burden upon the producers would be opposed to its best

interests. The Ministry accepted the decision of the Council and

contented themselves with rigid retrenchment, the continuance of the

existing land-tax, and the imposition of a progressive income tax which

rises to a maximum of sixteen-pence upon the excess over L2,000 of

incomes derived from property. According to a statement of the

Premier, they intend to make the question a distinct issue at the next

elections, and will in the meanwhile take no action in the matter.

In the following session the Council rejected an Electoral Bill which

provided for the abolition of {126} the plural vote and the

enfranchisement of women, and disagreed with the Assembly upon several

important clauses of a Factory Bill, in the legitimate exercise of the

functions of a revising Chamber. The Ministry succeeded in 1896 in

passing the Factory Bill in a form which met some of the objections of

the Council, and reintroduced the Electoral Bill, which was

subsequently laid aside by the Council on the ground that it had not

secured in the Assembly the absolute majority of all the votes required

in the case of amendments to the Constitution.

The value of any Second Chamber must rest upon its ability, and the

exercise of its ability, to check dangerous tendencies in legislation.

As regards Victoria, it must be admitted that the greatest danger has

lain in the tendency to extravagant expenditure due to the fatal

facility of obtaining almost unlimited advances from the British

capitalist. Politicians have been tempted to outbid each other in the

struggle for popular support, and to promise the outlay of vast sums of

borrowed money. Judged with reference to this question, the

Legislative Council cannot be regarded as having been efficient. The

greatest waste of money has occurred in connection with the

construction of railways from which there was no likelihood of adequate

returns, and with injudicious advances to Irrigation and Water Supply

Trusts. The Council has been hampered by the {127} restrictions

imposed upon it by the Constitution Act, but it has not admitted that

it is debarred from amending Railway Bills, though it has done so but

sparingly, owing to the opposition which such action aroused in the

Assembly. It would seem that, at the time of the greatest output of

the Victorian gold mines and of the high prices obtainable for

agricultural and pastoral produce, the Council was as much carried away

by the prosperity of the Province as the Assembly, and formed an

equally false estimate as to its continuance. It appears, however, to

have been the first to realise the imminence of a reaction. A

comparison of the British and Victorian finances shows that while, in

the former case, speaking broadly, provision is made only for the

maintenance of the public services and for some matters of national

importance, such as public instruction, in which all parts of the

country share equally, in the latter case the expenditure includes the

construction of public works which benefit particular localities, and

grants and subsidies which benefit particular industries. Under these

conditions members of the Assembly are subject to continual pressure

from their constituents, which, it is contended, the members of the

Council, owing to the greater size of the constituencies, are better

able to resist. As the whole body of the tax-payers are responsible

for the interest on the railways, a locality has everything to gain by

the {128} increase of its mileage; if it receives advances for works of

irrigation and defaults upon the consequent obligations, it hopes to

induce the Government, through its Member, to grant more lenient terms.

The works in many cases are of doubtful value; the liability remains as

a burden upon posterity.

The evil is widely recognised, but opinions differ as to the remedy. A

step in the right direction was taken by the appointment in 1890 of the

Parliamentary Standing Committee on Railways, which, it is suggested,

should be supplemented by a similar Committee whose duty it would be to

report upon all proposals for new works of water supply involving an

expenditure of a thousand pounds of State money. Others ask that the

Council should be allowed to amend Money Bills, and would do so with

more reason if the property qualification for membership were removed,

as the electorate already includes the bulk of the stable elements of

the population. But the greatest safeguard would appear to lie in the

lessons of the past, and in the appointment of Standing Committees

whose antecedent sanction shall be essential to proposals for the

expenditure of national funds upon public undertakings. It would be

advisable to define by Act of Parliament what classes of public works

might be carried out upon borrowed money; all others would then form a

charge upon current revenue.

{129}

The absence of any ultimate appeal in the case of a divergence of

opinion between the two Houses has recently been discussed in several

of the Provinces. It has been pointed out that the power of the

Executive to make additional appointments to nominee Councils is an

unsatisfactory device calculated to produce friction between the

Governor and his responsible advisers; that elective Councils can force

upon the Assembly dissolutions from which they are themselves exempt;

and that, in the majority of cases, the Councils are able, owing to the

variety of issues and the influence of local and personal

considerations, to deny that any particular question has received the

verdict of popular approval. The measures rejected by the Victorian

Council since 1891 include the Land and Income Tax Bill, the Opium

Bill, the Miners' Right Titles Bill, the Mallee Land Bill, and the

Village Settlements Amendment Bill. The Council has rejected the Opium

Bill twice, and the Bill for the abolition of plural voting three times.

The question was considered in 1894 by a Victorian Royal Commission,

which recommended that:--

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