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,7__- - e t, in View of such injurious icgis- . lirEtyee.d I"!!! of money " the rate, . lation, to cancel thebalance still due by any 82,000arnilo and others hid received still such municipality to the Municipal Loait 1 A (j larger sums. The Government prom"?l Fund, after making the allowances A. II".- with MP"? P, ii" "itrrtr.y bailt hereinbcforc provided for. The am without er. Piovinoisl aid, to ttradit h the case to which that principle would app'y municipal"!!! that ted assisted them l sum was the town of Prescott. That town was equal to 82.000 . mile of railway . iuUd, l induced to advance a sum of money to the ' the said sum to 1rt.dlyid.od amongst the i Ottawa and memo" road upon the "pre- municipalities respectively In. ttroirortlott to l "ttation-- an honest one, no doubt --tha', the mount of their wombat" aad to bts the railway would be able to pay the princi- , allowed to each " ' payment " ths pal'and tre, intrrcet upon it. The sum of date of its debt therefor be rig _contracted. l $30,000 in stock WM, was paid by um toarn, All of the" railways were nitional under. 2 and an advance of money was lent to the . takingl- Many ot M roads peed through company, taken out of the Municipal Loan ' . municipalities that had not contributed auy- Fund for which memo" been" "racy. _ thing toward their constrdetion, and they Legislation wan asked for in behalf of the ( mo tsemgited pomp" of the mm.n.try mm", which, if obtained, would have . i through which they did not pa". , In gtvutg disviUytud the mortgage Prescott huld. . this matter all consideration, tUG'ovarmnertt l'rtseott resisted that legislation, and the . I tbmght it. just thing tut tU allowance he iirvt time it was applied for the resistance i had spoken ot should bes made. we have use shared with the city of Ottawa, and it i been receiving, since the construction of "n rucusalul. The agitation was renewal l these roads, tho benefits arising from them, afterwards, and a Bill was introduced into t and there should tse Bt".". allowance made to the Legislature which had the sanction of ' , the municipalities which ut aided than. 801110 of the municipalities intorstcd, I 1tht'gt't of the money that had gone but Prescott resisted it. that Bill was not into t eae roads should Ir shared by the ,arrird, but another Bill was introduced and l general wblio- 9tlter portions ot the tstny.ttry carried authorizing the sale of the road un- k i were recelvmy W191" and. and other WWW" der cirenunghureeg which made it iviipiesiuie l i would receive assistanceinthst way out of (m. Preueoi.t to save itself. 1)rdtnoruiy ' the ppttlio exchequer; amlfor the sumo-e ttf toviciptslitio took stool: in railiv ya from T gteitl'pet, My tll round he msde the which tiny (\mcted to be bene'iccl. in , peopotat . had mentioned. It.'ould be this case Prescott expected mat the raid in- l . seen that be had referred to the circumstan- lug built would be of great service ts the 09' which led municipalities to ttttMr those (sun and it also expected to get the tuouoy debts, but lu, must Bur, allude to the. fact lw means of the mortgigo hold. The de is that their trraory "N nhraesattotiotysd 2 Jt' prowo'zt would probably have been RJ. by the gemisml.porttrstttur" altar enquiry )curcd if t1tathsri.thuion he had alluded i, into the expenditure Pmi'o'fid by those br- Lad not passed, but the security l'ul been . f laws, acthat the whole Province, through its oiped "my turcrvithstaturm:,' the otmstaat Government, had been} I p-ttf' to the New .1.,.umgm. as Prescott. can, unless he had diture. Be thought it WW , occurto no running: viow ill the case which he would l In" of Asht "0le that tho" Pt.Pioipsr: ', row tdare , he would not rumour-id the I . tits which contributed to the building}! of l sivrtrr,ctaywi'lt you iatrhuslantsyor' Pres tiers roads siculd bear the w ole l If" . Ufa..." _.' M {in} "my", of his in- l burden of the exp~nse to which ' . . . , . they had been put,when we were at the pro- yeeyton--ani.1 that belief was shared by l sent time aiding other railways. The Gov. his colleagues-that the Prescott and Ottawa _ ernment therefore ropesed to make a credit railway had been an injury to Prescott. He to those Jltll'J'l3tiQ equal to$2,000 a mile, had done his best to come to a conclusion on and than to distribute that money some tho the sub'ect, and he. believed that the case ' municipalities according to the amount hflil was as be had stated. The population of the they had contributed. The municipalities town had decreased since the building of the which had sums to receive, besides their [ road and the assessable value of the property , debts to tho Municipal Loan Fund being dis. had also decreased. It would be remember- , charged, were: Bruce county, whose credit ed that the junction between the Grand I on thll account would be $35,092 l Elgin Trunk and that road was a considerable dis- ' I county, 93.534 ; Huron county, 8161.493 ; , tsnce from Prescott, and did not appear to t v I Bertie tomtahip, $25,354: Brantford town. be of any corresponding advantage to the "MP. 332,955 ', Caaboro' towohip, 35.735 3 ' town in comparison with the loss of. trade. i I Moulton and 8herttrooke,.%3,i83;Uad others Here, therefore, was a case in which the . f ! named in the schedule. After confederation. security of atown had been wiped away, _ f and before the passing of the Railway Aid I while it had received no direct benefit from . Act of 1871, there were certain muaieipui- ', the road at all. If he could have seen that T _ tics which would not be beno'itad by the i Prescott had derived an advantage from g, statute 22 Victoria, and which had given _ the railway he would not have recommended 3 sums of money by way of gift or bonus to the cancelling of its debt. Besides the railways or portions of railways which if not $30,000 for stock in the road, private ' commenced prior to 7th of December, 1870, individuals had subscribed $l6,000, and would have men entitled to aid under the a large sum was borrowed by the town said Act, and the suinsso given were larger from the Municipal Loan Fund. which V than might have been necessary it the sud it handed over to the railway, and pm railways had received aid from the Province tically became the guarantor. Under in the same way as the Act of 1571 provided all there circumstances he certainly with respect to railways commenced after thought that Prescott should be relieved. the said date. The Government, therefore, There were some other municipalities l deemed it expedient to make to which were in a similar position, namely. these mttnieipoiitiess an allowance, as 81111000, Wyndham, Woodhouse, Norwich. l of the let January, 1872:, at the rate of and Woodstock, There were reasons in 'rel per mile of the portions of railways respect to those municipalities? which had aided by the said municipalities respectively ; not been applied to Prescott. If there was o.c.htdlow.a.ntte be divided amongst tlw any difference it was in favour of these szud municipalities in proportion to the places. so strongly hndall Governments amount of their said contributions to the felt that the debts of these townships should F railways. It had b'en strongly urged by not be forced from them that nothing had some of the deputations to him (Attorney been paid by thorn ttinoe Is59. It was by General) that the Government ought to take means of fraud that their debentures were into gtceottnh and make "me allowance in wound in the first place in favour of the respect of expenditure for other purposes Rooms," and Lake Erie Rgllwsy The besides railways; but tho Government had money. by the conditions rovided by the done their best to make an equitable settle Bill, wat, only to be expended in case . saili- merit of matters. and .they had 000" to tlie cient sum was raised to build the road, but conclusion that nothing could be done in their money was spent without that being that direction. They could not go into e.x. performed. A considerable amount of penditure for local roads and such objects, private tttook had been taken, and, by the and e investigation of that kind wool t b, provisions of an Act which passed without l a tedious and tuetis.faotort. one. There tho knowledge of these municipalities. thel were puma!" which applied to eil . legislature" authorized all these rivate i 1Pff much did not "NY to loaat beueits ', shirehclders to give up J,elr2'l'l','Lrtl2t', l Railways were almost always national on» by almoet the only security which remained dtrttkintP--a thing which could not be said to these municipalities w" swept away. ( of other improvements. It Ira, 'tecvMary to There was other legislation on the subject; 2 draw the line of distinction somewhere, and and he would remind ttttt House that all T the Government had drama it there. He these matters were investigated ina "it in l perytd to "k the Pye to allirm this the Court of Chancery, and that that court ' pryiiphstthat where injurious legislation, decided that the debt was no longer binding atrectii.te the. -ouritlcs test,',',;?..,",',': of it upon the municipr1ituFti, consequence -. municipality indebted to the i unicipal Lorin of their position bein " entirely changed Fund, had taken place without the know- and their status song'wted b the lagiglg. led cor corn-urrence of the municipality, or tion their liability was altogether ,9. again" its active opposition, and in the into. l moved That decision was afterwards ro- ' rest or supposed interest of the public or of versed. by the Court of Appeal. upon a ll other parties, and has resulted either in no und which. Gi, nothing to do with the l g nun, Minibullt or in the building of a 'f,'21'd of the we, m then read the l ' railway whic has not advanced the local . _ h ll r8 ' in the I intereste of the indebted . . lit . . Judgment of Hoe-L since o . P agR? f . mumml'" n. " " case, which showed conclusively the am ..