The Governments of Europe. Frederic Austin Ogg

upon save in Committee of the Whole. The other forbids the receiving of any petition, or the proceeding upon any motion, for a charge upon the public revenue unless recommended from the crown. Although these principles apply technically only to appropriations, they have long been observed with equal fidelity in respect to the raising of revenue. All specific measures for the expending of money and all proposals for the imposing of fresh taxation or the increase of existing taxation must emanate from the crown, i.e., in practice from the cabinet. A private member may go no further in this direction than to introduce resolutions of a wholly general character favoring some particular kind of expenditure, except that it is within his right to move to repeal or to reduce taxes which the Government has not proposed to modify.

      Two great fiscal measures are introduced and carried through annually: the Appropriation Act, in which are brought together all the grants for the public services for the year, and the Finance Act in which are comprised all regulations relating to the revenue and the national debt. Before the close of the fiscal year (March 31) the ministry submits to the Commons a body of estimates for the "supply services," drawn up originally by the government departments, scrutinized by the Treasury, and approved by the cabinet. Early in the session the House resolves itself into a Committee of the Whole on Supply, by which resolutions of supply are discussed, adopted, and reported. These resolutions are embodied in bills which, for purposes of convenience, are passed at intervals during the session. But at the close all of them are consolidated in one grand Appropriation Act.[198] Upwards of half of the public expenditures, it is to be observed, e.g., the Civil List, the salaries of judges, pensions, and interest on the national debt, are provided for by permanent acts imposing charges upon the Consolidated Fund and do not come annually under parliamentary review.

      143. The Budget.—As soon as practicable after the close of the fiscal year the House, resolved for the purpose into Committee of Ways and Means, receives from the Chancellor of the Exchequer his Budget, or annual statement of accounts. The statement comprises regularly three parts: a review of revenue and expenditure during the year just closed, a provisional balance-sheet for the year to come, and a series of proposals for the remission, modification, or fresh imposition of taxes. Revenues, as expenditures, are in large part "permanent," yet a very considerable proportion are provided for through the medium of yearly votes. In Committee of Ways and Means the House considers the Chancellor's proposals, and after they have been reported back and embodied in a bill they are carried with the assent of the crown, though no longer necessarily of the Lords, into law. Prior to 1861 it was customary to include in the fiscal resolutions and in the bill in which they were embodied only the annual and temporary taxes, but in consequence of the Lords' rejection, in 1860, of a separate finance bill repealing the duties on paper it was made the practice to incorporate in a single bill—the so-called Finance Bill—provision for all taxes, whether temporary or permanent. In practice the House of Commons rarely refuses to approve the financial measures recommended by the Government. The chamber has no power to propose either expenditure or taxation, and the right which it possesses to refuse or to reduce the levies and the appropriations asked for is seldom used. "Financially," says Lowell, "its work is rather supervision than direction; and its real usefulness consists in securing publicity and criticism rather than in controlling expenditure."[199] The theory underlying fiscal procedure has been summed up lucidly as follows: "The Crown demands money, the Commons grant it, and the Lords assent to the grant;[200] but the Commons do not vote money unless it be required by the Crown; nor impose or augment taxes unless they be necessary for meeting the supplies which they have voted or are about to vote, and for supplying general deficiencies in the revenue. The Crown has no concern in the nature or distribution of the taxes; but the foundation of all Parliamentary taxation is its necessity for the public service as declared by the Crown through its constitutional advisers."[201]

      144. Private Bills: Nature and Procedure.—In the matter of procedure there is no distinction between a Government bill and a private member's bill. Both are public bills. But a private bill is handled in a manner largely peculiar to itself. A public bill is one which affects the general interests of the state, and which has for its object presumably the promotion of the common good. A private bill is one which has in view the interest of some particular locality, person, or collection of persons. The commonest object of private bills is to enable private individuals to enter into combination to undertake works of public utility—the building of railways or tramways, the construction of harbors or piers, the draining of swamps, the supplying of water, gas, or electricity, and the embarking upon a wide variety of other enterprises which in the United States would be regulated chiefly by state legislatures and city councils—at their own risk and, in part at least, for their own profit. All private bills originate in petitions, which must be submitted in advance of the opening of the session during which they are to be considered. Their presentation and the various stages of their progress are governed by very detailed and stringent regulations, and fees are required from both promoters and opponents, so that the enactment of a private bill of importance becomes for the parties directly concerned an expensive process, and for the Exchequer a source of no inconsiderable amount of revenue.

      After having been scrutinized and approved by parliamentary officials known as Examiners of Petitions for Private Bills, a private bill is introduced in one of the two houses.[202] Its introduction is equivalent to its first reading. At its second reading debate may take place upon the principle of the measure, after which the bill, if opposed, is referred to a Private Bill Committee consisting of four members and a disinterested referee. If the bill be not opposed, i.e., if no adverse petition has been filed by property owners, corporations, or other interests, the committee of reference, under a standing order of 1903, consists of the Chairman and Deputy Chairman of Ways and Means, two other members of the House, appointed by the Committee of Selection, and the Counsel to Mr. Speaker. The committee stage of a contested bill assumes an essentially judicial aspect. Promoters and opponents are represented by counsel, witnesses are examined, and expert testimony is taken. After being reported by committee, the measure goes its way under the same regulations as those controlling the progress of public bills.

      145. Provisional Orders.—Two things are, however, to be noted. The first one is that while in theory the distinction between a public and a private bill is clear, in point of fact there is no little difficulty in drawing a line of demarcation, and the result has been the recognition of an indefinite class of "hybrid" bills, partly public and partly private in content and handled under some circumstances as the one and under others as the other, or even under a procedure combining features of both. The second fact to be observed is that, in part to reduce expense and in part to procure the good-will of the executive department concerned, it has become common for the promoters of enterprises requiring parliamentary sanction to make use of the device known as provisional orders. A provisional order is an order issued, after minute investigation, by a government department authorizing provisionally the undertaking of a project in behalf of which application has been made. It requires eventually the sanction of Parliament, but such orders are laid before the houses in groups by the several departments and their ratification is virtually assured in advance. It is pointed out by Lowell that during the years 1898–1901 not one-tenth of the provisional orders laid before Parliament were opposed, and but one failed of adoption.[203]

      VII. The Conduct of Business in the Two Houses

      "How can I learn the rules of the Commons?" was a question once put by an Irish member to Mr. Parnell. "By breaking them," was the philosophic reply. Representing, as it does, an accumulation through centuries of deliberately adopted regulations, interwoven and overlaid with unwritten custom, the code of procedure by which the conduct of business in the House of Commons is governed is indeed intricate and forbidding. Lord Palmerston admitted that he never fully mastered it, and Gladstone was not infrequently an inadvertent offender against the "rules of the House." Prior to the nineteenth century the rules were devised, as is pointed out by Anson, with two objects in view: to protect the House from hasty and ill-considered action pressed forward by the king's ministers, and to secure fair play between the parties in the chamber and a hearing for all. It was not until 1811 that business of the Government was permitted to obtain recognized precedence on certain days; but the history of the procedure of the Commons since that date is a record of (1) the general reduction of