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 the time during which private members may indulge in the discussion of subjects or measures lying outside the Government's legislative programme, (2) increasing limitation of the opportunity for raising general questions at the various stages of Government business, and (3) the cutting down of the time allowed for discussing at all the projects to which the Government asks the chambers' assent.[204]
146. Rules.—The rules governing debate and decorum are not only elaborate but, in some instances, of great antiquity. In so far as they have been reduced to writing they may be said to comprise (1) "standing orders" of a permanent character, (2) "sessional orders," operative during a session only, and (3) "general orders," indeterminate in respect to period of application. In the course of debate all remarks are addressed to the Speaker and in the event that the floor is desired by more than one member it rests with the Speaker to designate, with scrupulous impartiality, who shall have it. When a "division" is in progress and the doors are closed members speak seated and covered, but at all other times they speak standing and uncovered. A speech may not be read from manuscript, and it is within the competence of the Speaker not only to warn a member against irrelevance or repetition but to compel him to terminate his remarks.[205] A member whose conduct is reprehensible may be ordered to withdraw and, upon vote of the House, may be suspended from service. Except in committee, a member may not speak twice upon the same question, although he may be allowed the floor a second time to explain a portion of his speech which has been misunderstood. Undue obstruction is not tolerated, and the Speaker may decline to put a motion which he considers dilatory.
147. Closure and the Guillotine.—For the further limitation of debate two important and drastic devices are at all times available. One is ordinary closure and the other is "the guillotine." Closure dates originally from 1881. It was introduced in the standing orders of the House in 1882, and it assumed its present form in 1888.[206] It sprang from the efforts of the House to curb the intolerably obstructionist tactics employed a generation ago by the Irish Nationalists, but by reason of the increasing mass of business to be disposed of and the tendency of large deliberative bodies to waste time, it has been found too useful to be given up. "After a question has been proposed," reads Standing Order 26, "a member rising in his place may claim to move 'that the Question be now put,' and unless it shall appear to the Chair that such motion is an abuse of the Rules of the House,
