The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 28 Feb 1873, p. 5

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----- 3*" T mtituto ttt the Wilberforce Education" ._ Min... .. A--..-,-". .. _ last general election, as compared w'th'that for the Home of Cunrnons in the matter of expense. and the prevention of corruption of all beds. The object of this Bill was to perfect that legislation. There was no doubt that, notwithstanding the improvements " feeted in the law, there was more money ex- pended at some of the Ontario elections than was " all desirable. Most of tho improve- ments which he proposed to incorporate in the Bill have been suggested to him by his judicial experience in the matter oi elections, and had bten suggested by him to the late Attorney-General, in pur- suance of a tttnetieN practice which prevailed among judges of calling the tattoo. tion of the Government of the day to " fecte in the law which tht,ir {judicial experi- ence pointed out to them. The principal amendment which he proposed was the in- trod action of tho audit " stem which pre- vailed in England, some provisions in respect to the trial of elections, and some with rotor. ence to the scrutiny of votes " trials. To the first of tlume he attached a great deal of importance. lts plovialons were taken sub- »tantial'y from the law as it has existed for some 'cars in England The substance of the proposed amendment was that all elec- tcon expenses should be paid by the cauli- nate through an agent. whose name should be communicated to the proper otfieer, and published so that every'one should know who was the scent Through him the mom) of the cardidate was to be dispensed; and it was further required that all the money should be paid through this agent or a rats ' that the candidate should dip." nothin but his own personal or ponies; that nib accounts would be sent within one month to the agent,aud a detailed account should he sent within a short period sit. rwsrds by the agent to the returning ' the". Tho accounts were to be open to in spection and an abstract of them published , he object of this was to prevent any act'rot i pending of money at election. in order that candidates mi ht know that no money might he speat which would not be made known afterwarda "(meg had be" -.ont indirect acts of corruptiv' ' ut more hail been spent in indirect anti 0; corruption-had been paid over under mete... J ot home quite legal prov cording while the oiyVet was corrupt. The knowled of the fact that the law requiml the "has, of all money spent would have the itfoesto.'prevoutiup,thi"riNmditum. With respect to the trial ot elections. the principal piovision WM"? this Bill contained was one Pittt'thed that the candidate- should li. 0 to oral examination before the trial He attached immenae importance to thin, and ho was sure that - one who had been engaged in election contest. would see the great value of the amendment. The object was to aacertain what the fact. were, no far an an examination would enable thorn to be shown, before the cxpenae of a trial wan gone to. This would in many can" pre- vent the expenee of a trial. He then quoted, an an example of the benefits which would ariee from this srovlaion, the South Gren- ville election tri , " which trial both parties were under the belief that a large amount of money had been spent by the opposite party. The trial proved that,on the 00an it won one of the pheapeet election which ad ever ELECTION TRIAL LAW. AttornorA1enorat M0 WAT moved the second taming of the Bill to amend the In" respecting the election of membon of the Ltiulattio Assembly, and 'gi'rttl the with of such election. He laid the agin- lation we had had on this subject had boon 'vory ninth, " Ind been shomt during y"! __ -V---- --w mu wanna-I. Ulll'uu, and Bruce tiiiiiri Conway," and no Aot intituled: "An Act A's-pectin); the Load '0. Huron, and Bruce Railvny Company. nad to extend the powen confound upon the mid Ccmpanr, and for other purpoul." Mr. Codo-.'ro amend the chute: of the Rattuudt and Tay River Micsdnmized Road Conwy. Mr. MC ridith -.To amend An Act intitnlod left 'oPt.yrrorays the London. Baron, Mr. hhtMani..ro imrorpomte the to" 91-99%"910. and to destino the limit. ,V_ - WV "WWW "tam "tint; Ind to "and the Act incorporlt- _ ing the Wilberforce Educ." Mam. . Mr. Monteittt-lo oo-tthut. and "and the Au incorporating the Embed nnd Huron Rainy-y Oompsny, and the Act! ro- nowing and unending the um. I r The following Bills were mad I "ttttnd 5!? been conducted in the Prom' oe, and T that neither of the csndidstes had spent s single cent. If these gentlemen hid been exsmined before going to trial nu immense expense would have been seved "T The trio! lssted for n tple', and dung ell that time the Court onse was titl with witnesses, sud in the end, to ssve ex- Euse, the Ratios come to s compromise. e explsinr the advantage which nrose in the Court of Chsncery by the use of this system of oral exaeriinUiotut before trial. Another amendment to the old Bill proposed todo swsy with the expense nttendnnt on the present system of scrutiny of votes. The mtnlsees summoned from ell parts of the Riding in men cues numbered over two hundred, and the expense end inconvenience entailed wns, of course, very greet. " had occurred to him, end the eugzestion lied been spproved of by the legal gentlemen present " there trinis to whom he hsd spoken, that it would nnswer nil prscticel purposes and greatly rt4uctstuexperuieiftteitttiitrfortsachtt"tw ship or mpnroipality should take piece inthe municipality itself, so as to avoid the necessity of ell the witnesses going down to the county town. No one could fail to see that the swing from witness fees would be very great indeed, and he did not think my hon. gentleman could suggest s more eil'eoti ve and less expensive, mode of obtsining an eiIectusl scrutiny than the one he proposed. The Bill provided that the judge should be at liberty to go himself if he pleased to the, ditferent townships, or to send u competent barrister to perform that duty for him, a i1TI, of revision remaining with the judge. he barrister would hove power to decide upon the validity of the votes n. he went nlong,or to state Lt the time that he reserved judgment for the o inion of the judge. These were the principnf smendments, but there wrro s few minor ones which he proposed to nuke in the statute of '71 as to whet consti- tuted "corrupt prnctices." By that ststute it wnr enacted that n candidate guilty of car. rupt practices was to be debsrred from elec- tion or holding offierr under tho l Crown for eight yours, but that Act did not dicorimiraU between corrupt practices of great moral turpitnde and those of lesser importance, such for instance, as wearing n ribbon es s badge. He roposed to enact that corrupt practices in tgis sense should consist of "bribery, trusting, nod undue iniluence, or my of such offences as no dofined by this or any Act of this Logis- lsturo,or recognized by the common lsw of the Pulismcnt of Enulsnd." The Bill also pro- posed that en affidavit should be taken by the assessor that he had not valued. sny pro- perty too low for the "he of depriving its owner from hsving n vote; else, that per- sons under the preeent lsw rendered incom- petent to vote shall be incompetent to act " ilcction agents. There were several other orovisiont, of minor lmportsnce in his Bill ' which he need not refer to specially. m would be greatly surprised if the House did not spree with him that there would be con- siderable) improvements on the old election Mr RICHARDS said he had lintcnedto the eorp1antytioms of the hon. Atty-General with regard to the Bill with attention, nad ho thought some clung" could be made with beisetit. He wished to point out that the expcnlea of An enquiry were gaudy ia. chased became the voters' list was not considered tins), and ho thought it would be adviuble to make tho voton' hat tinal. any much oorusidor:Aion from the Atty.- General an one would anppoee, after the ex- perimce he had had as judge in diepntod 01.x rim matters. Witi. reganito theprovio rt _ of the Hill, Tho first provision prohrh.. i the furnishing or providing of rtsfreahmeuu, or drinks except " the henna of the caucu- date. Now. in cities. what was to prevent the furnishin of refreshmente at private houses t 38510031" ther ' should in; no ec caption of that kind wutover, .c." tint method of aupplying refreahmouta dd be quite as objectionable an if tiny ' " 1.- pro- vided at an hotel or tavern. Wu: -gard to the provision. relating to clso K . mt, he 'hwght as much mischief could ' I no by . too high armament for the P' . n oi giving a party avote. It was prom. r mt an u- settettltsttt should not be made t ' low, but it did not provide that an amasment ahould he made too high. In reference to the quea tion of expenaee, his View was that no oudi. date should employ an agent. He waa of opinion that the candidate only should spend money, no that he could be compelled , to swear to the expenditure. Money after Mr. CAMERON we. lure that all the gentlemen who usually went with him Ott that aided the Home would be disposed to give the Atty.-Gcnenl every eminence in their power for the purpose of making a police: Election Bill motion to prevent bribery attt1ttttruptioe.tt elections. Now. bribery and contagion " election. he did not think t a Bill had recejvod We

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