The Lower Chamber

The discussion of the lower house of parliament can not, owing to lack of space, be carried into as great detail as the description of the Senate has been. Being chosen by the people. the House is of course the popular chamber, while the Senate, as we have seen, is appointive save in Australia. The members of the lower house, called House of Assembly in South Africa, House of Commons in Canada, and House of Representatives in Australia, are directly chosen by the people (S. A. 32, Aust. 24). It is not expressly so stated in the Canada Act, but the word "elected " is constantly used in that connection. The initial number and apportionment of members is likewise indicated, 121 for South Africa, 151 for Canada, 62 for Australia (S. A. 33, Can. 37, Aust. 26), and each act provides for readjusting the representation at a later date if necessary. In South Africa the number may not be diminished until the total number has reached 150 members or until ten years have elapsed (S. A. 33). This is evidently for the purpose of maintaining the excessive representation given to the weaker provinces and giving them ample opportunity to develop and to forget the ignominy of unequal representation. In Australia and Canada parliament is given the power to make laws subject to the constitution for increasing the representation (Aust. 27, Can. 52). In all of the colonies the readjustment of representation is ultimately on the basis of population. In South Africa a "quota of the Union" is obtained by dividing the total European male population 40 as shown by the census of 1904 by the total initial number of representatives. A census of European male adults is required every five years and for every increase by the amount of a quota an additional member is given to a province, save in those provinces already enjoying excessive representation. To any of these no additional member is given until the population ex

40 This provision eliminates the native voters in the Cape from the calculation of the quota and thus reduces the number of representatives from that province. Though this in a way produces inequality of representation, it is believed in South Africa that equal representation will ultimately be achieved. In order to placate the Cape on this point proportional representation for the House of Assembly was omitted in favor of one member constituencies.

ceeds the quota multiplied by its present number of representatives. Thus the undue representation is brought back to the normal (S. A. 34). But the number of representatives can not so be increased above 150, without the consent of parliament.

In Australia, after the initial election the number of representatives is to be as "nearly as practicable twice the number of the senators" and is to be in proportion to the population. The quota is obtained "whenever necessary" by dividing the total population as shown by the latest statistics by twice the number of senators, and the number of members for each State is obtained by dividing the population of the State by the quota. But not less than five members may be returned by any original State (Aust. 24), and disqualified voters are not to be counted in the population for obtaining representation (Aust. 25). It is said. that this clause is based on the fourteenth amendment to the constitution of the United States and also that the power to authorize the preparation of the statistics and to declare when a reapportionment is necessary would appear to rest with the parliament.11

In Canada the readjustment is made after every decennial census. Quebec is to have the fixed number of sixty-five members and the quota is obtained by dividing her population by sixty-five. The number of members to be assigned to each province is arrived at by dividing its population by the quota. But no reduction is to take place in the representation of any province unless the ratio of its population to the total population of Canada has been reduced onetwentieth part or more (Can. 51). Subject to these provisions the number of members is to be increased only by parliament +2 (Can. 52).

41 Quick and Garran, Const. of Aust. Com., pp. 454, 456.

42 Compare the reapportionment Act of Oct. 24, 1903. The American plan is to apportion not more than one representative to every 30,000 inhabitants, but each State shall have at least one representative (U. S. Const.. Art. 1, sec. 2). The reapportionment is generally made by act of Congress following the decennial census. The act apportions the number of members to each State and provides that the State legislature divide the State into districts having about equal populations and returning one member each. See Act of Congress Jan. 16, 1901, 31 Stats. Large 733.

The electoral districts in South Africa and Canada return one member each (S. A. 39, Can. 40) while in Australia, each State is an electorate unless it is otherwise regulated by parliament (Aust. 29). In South Africa the redistricting is automatic. After the first districting the governor-general in council shall choose three judges of the Supreme Court of South Africa who shall divide each province into electoral districts containing a quota of electors. In arriving at the result the judges are to consider community or diversity of interests, means of communication, physical features, diversity of population, etc., and may depart from the calculated population of such a district fifteen per centum either way (S. A. 40). The redistricting is to be done after each quinquennial census. This method is aimed at preventing "gerrymandering" which has received so much criticism in the United States, where, as we have seen, the redistricting is done by the State legislatures.

In Australia this matter is left to the parliament for regulation (Aust. 29). Meanwhile, the States as in America determine it, and such was the case in Canada (Can. 51).43

All of the constitutions provide more or less in detail for elections of members and qualifications of voters. With remarkable similarity all leave the qualifications of voters as they were in the colonies unless otherwise provided by parliament (S. A. 35, 36, Aust. 30, Can. 41). Consequently until made so by parliament the qualifications of voters need not be uniform throughout the Union. Diversity likewise exists in America where the franchise is purely a State question. In South Africa, however, there are the limitations that "no such law [of parliament] shall disqualify any person in the province of the Cape of Good Hope who * at the establishment of the Union is, or may become capable of being registered as a voter by reason of his race or colour only " unless the bill shall pass both houses in joint sitting by two-thirds of the total number of members; and that "no person who at the passing of any such law is registered as a voter in any province shall be removed from the register by reason only of race or colour" (S. A.

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43 Compare the Reapportionment Act of Oct. 24, 1903.

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35). These clauses are the result of a compromise on the negro franchise question which was one of the most hotly discussed problems before the convention. Cape Town was the only colony that had granted the ballot to the natives, and she not only refused to surrender their franchise, but sought thus to safeguard it in the constitution against encroachments by the other colonies. 45 There is no express provision for woman suffrage, though a petition to that effect was laid before the convention. The word "persons," however, in section 35 might reasonably be construed to include both male and female voters.

The election of members is in each act controlled by the laws of the provinces as they were at the time of the union, unless, in Australia and Canada, otherwise changed by parliament (S. A. 37, Aust. 30, Can. 41); but in South Africa there is a general provision that the elections shall take place on the same day, to be selected by the governor-general in council, throughout the Union (S. A. 37).46

The qualifications of representatives to the lower house in South Africa are those of an elector who has resided within the province five years and is a " British subject of European descent" (S. A. 44). Thus the natives are barred from sitting in the House of Assembly. In Australia the qualifications are the same as those for senators already given (Aust. 34), while in Canada they are such as the laws. of the province provide for provincial assemblymen (Can. 41).

With the lower house thus established and organized, its maintenance and procedure are in a measure provided for in the constitutions. Thus it is to continue unless sooner dissolved, for five years in South Africa and Canada (S. A. 45, Can. 50), and three years in Australia (Aust. 28). In South Africa and Australia a member may resign in writing addressed to the presiding officer or the governor-general (S. A. 48, Aust. 37). The speaker is elected by the House and a vacancy or absence is filled in the same manner. The Canadian constitution is similar, but it defines absence as non

44 For debate on whether these clauses cover natives who acquire the ballot in the future, see Parliamentary Debates, 1909, Vol. 9, column 1639. 45 Compare U. S. Const. Amendments 14 and 15.

46 Compare U. S. Const., Art. 1, Sec. 4.

The gorim of members researy for the transaction of business provided for in each oneind 2: airy in San Africa, twenty In Canada, and chethird of the members in Australia S. A. 49. Cabo the diet 39, while in the United Stre, Switzerland, and 48. Avet Germany, a majority is suficient

All three constitutions provide that a majority of votes shall determine all question- and that the speaker shall have a vote only in ca-e of a tie (S. A. 50. Can. 49. Aust. 400.

The houses of parliament in Canada are so different in their make-up that the constitution contains very few provisions common to both. On the other hand, the provisions in the South Africa and Australia Acts under this head are strikingly similar. Thus members are required to take an oath of allegiance to the crown before taking their seats (S. A. 51. Aust. 42, Can. 128, and a member of either house shall not sit as a member of the other house (S. A. 52, Aust. 43). In Canada the last restriction is limited to senators who can not sit or vote in the House (Can. 39). South Africa, on the other hand, has crystalized into its constitution the English custom that ministers of state may sit and speak in either house but vote only in the one of which they are members. Certain disqualifications are imposed on members, such as: holding another office of profit under the crown (but this does not apply to ministers, pensioners, or in general members of the military or naval forces); insolvency; and conviction and imprisonment for a crime. To the last Australia adds the words," and is under sentence or subject to be sentenced" therefor, while South Africa uses the words, "shall have been sentenced," but adds, " unless he shall have received *** a pardon or unless such imprisonment shall have expired at least five years before the date of his election." The South African constitution adds the further disability of unsound mind, while Australia forbids allegiance or adherence to a foreign power or pecuniary