The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 22 Dec 1875, p. 3

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as essentisl' to the" right disohsrgo ot its duties. We found that by the British North America Act the right to constitute any court, civil or crimind, was conceded to this Legislature, sud he thought it dairsbfo that this right should bs exercised. Ea could not seethstwe were less shieto "Room of our privileges or more lisble to share them thsn the English Home of Commons, for e larger proportion ot our people were tending sud winking men than in England; while in point of morality thay stood j not so high so in the ola And. These privileges had worked snit- tie" and beneficially in bodice olmilsr to t is After some discussion, Mr. FRASER. said he could not lee why there wu my men risk in conferring such power to nmsjori? ot this Home than in silowing it to be he d by a msjority of en other Pulismentsry body. He did not thing the day would ever arise when s hora mai art. ty in this House would undortske to do on not which violsted justice. Public opinion Mi. MOWATt aid thnt the hon, , gentleman seemed very fenrfnl that this Home should have nay importnnoe or weight "inched to it which did not belong to it. He, perhaps we! thinking of the poo Iibiiity of his present friends coming into power, and wished to keep them from toras ing too high on entimnte ot their importance. This Home in merry reapeétl deelt with more important queatione then at the time of the Union, end he did not one why it should be deprived of any of the privileges which pertained to the Home at that time. The privilege which the hon. number hnd referred to We: on which had boon oon- l tended for, tr the English Hague of Commone Mr. MACDOUGALL traid there w" no parallel between the Engllnh Home ot Com. mons and this Assembly. Mr. MOWAT sold tint he had no fan of any impm or exercise of the power! granted to a 'l2fg'fl',' of the Home by the Act, no matter what politics! party might be in power. The hon. gentlemen had spoken on it this, power won . new one, but he (Mr. llowat) could not find la my leglshtive body Inch a product: no the one which the hon. gentleman proposed to substitute for it, Thin power given to e msiority of the mem- ber. of the Home was one which the Thr lish Home of Commons had enjoyed had. dude of yearn ego Mr, MACDOUGALL eddhe thou ht tint in making this Home and giving it pgwers so lugs. tttey were making en intiovition upon the gowns and preoticee heretofore enjoy ed by t 0 House. m considered that so ierge en tuihoritv to be exercised by I here im- jority of the members of the House in the wey of punishing persons coming within the scope of the Act, we- assuming e new. deu- geroue, and tmcormtitutiontt power. It was putting into the hands, of whet might be e Mun mej ority e power which he thought should only be exercised hy.eey. etwo'thirds majority. m thought that no one of reel infringement of the provisions of the law would erise in which two-thirds of the mem' here present would not be found to vote for ewereing the punishment due to the offence. He intended offering en emendmeut to thet that. Mr. MflWAPrxplained 1hat the procedure under ordinary election petitions would apply to than one; The hill of any hon. meat. ber charged with improperly receiving feel by e judge would he more qttahuttorr to the {who and the Ste""' than it condqu y the House its". Mr, MEREDITH understood that s from iiee psevslled of patriots of members 0 the Government ewe-ring in the courts in can- nection with Crown suite. Although he did not believe t anything improper hat oc- curred ind yet he hoped the prsctice would not be continued, as members ot the Home should be shove suspicion. Mr. LAUDER oa1Ud attention to the (not that pertain ot members of the Government taunted the obtaining of chuters before the rigi'l'fu'?d',T,,t' in Council. Mr. MACDOUG ALL was prepsred to lesve the question involved in the ststements of the members for London and lint Grey to the judgment of members ot the Government, believing that the present Emotion would be discontinued when the Bill peeled. On Clsnse 10, Mr. HODGINS celled attention to the emission to provide for s petitioner in elec- tion petitions. m moved the omission of the words "A violation of the sixth section of this Act." tyd thy;- partur- Iron waiting before this I am MfVAlAT mm , f ' "km on io':-., l (moo a but ta uncut! th, Act "muting the deem of member: of the Legfnlatlvo As. bawdy 9d the fab]- of such trlaotiots. money. Then 3min, it Ina hot desirable that petition: would be fyled maie Jide, without my foundetlon or my punitive be- llef by the petitioner that there win any foundation. (Hear, hear.) He thought the it we. e very reuonebie protection to condi- detee that the petitioner thouid be reqn'reci to iyie on aihUvit with his petition ecying that he believed the Itetemente in the pe- tidon to be true: end else that when the perticnhre were fried there thonld be the nine viuit'icstlori (He-r, been) The evil. connected with the work- ing oi the Act ind been the subject oi iava. " tigetion by e Committee of the House of Commons, and had all.) been the eubjoct of discussion in Englend, and several sugges- tions had been mede, some of when they hid thought worth their while to adopt. B y the present election low the election trials teak place before one of the judges, who htd the deciding of oil question' of law and of fact, object to appeal, practlcnliy only to fee as matters of low wore concerned. The 'rMrl" tione thus decided were of immense impor- tance, aifeothtg " they did not only the nets of caudidtstea, their right: and position, but the possibility ot their dir qtta1iiiiraetiort, "or a cent in too He 'nid the object of the Bill we: to endeavour to correct some things in the Election Act which the experience ot the let. election- and of the election Eds of the put you had Inge-ted required correction. They propnled to adop: come of the provhiona of the Dominion Aer-,which had been pulsed after our Act. Ono of these we: tut m security on in election petition should nosube by . porn} but by a deposlti trt Mr. Clarke prrmnttd the third report of the Coannittsay on Printing, THE ELECTION LAW. They were ordered to be placed on the journals of the House. A rumber of unort- Were rend from the Commissioner: on Estua- Bills. Mr. SEXTON baked if the Act mu un. constitutional, ma whether it would not be so in regnrd to a two-thirds msjorlty a1 well t',' In rcgard to n hue mnjonty. (Hear, :en.) After further discussion, the chase paged. Prrgreo was then reported, and the [knee adjourned at 2 o'oloik. Mr, HUDGINS laid in England there was no drqualifioatiott attached to expulsion, but it won here proposed to dhquslify & member. m quoted o judgment de.luaig that Colonial Legislatures had power to expel members. Mr. MOWAT said there was as much pom elbllity of Irving . minority which wruld rein-etc do what we: right on n majority which would do whot we: wrong. Tame we: no danger of expulsion taking plane un- less it was right. Every power possessed by this or any other Legislature might be aboard but he 1nd no npprehenslon that this power would be ebused, no matter who fanned the Government Mr. MAODOUGALL (Simone) said this House had no more pom» than a C~unty Council, end he denied the: this House should assume to act as the great legislative hoiy of the Empire could out. ftrh one: us they; of W. L Msclunzie and Wifkt's had Hired popular indignation. and he Ohjrscterl to the mom"! to adopt this provision " this dey. This Home could ore-to e court, but it could not appoint judges. This Bill Ivo. 'pcsed to nuke mic House tb court, and a) up- point tho members judges, He believed the pnwer proposed to be given would result in abuses. The pa wer had born trans- ferred to tho courts of law In order to ovoid these abuses, and yet the Gov- ernmen; now proposed to resume indium functions in . more dangerous matter. Tue proposal was tusoonstitutionM, imnroper, and unneoensry. He begged the Govern. ment to limit it st least to a vote of two. thl'rfll tt thgmgmberl present was not guilty, thh'Huuo could! say he was, and could expel Mat, It this Home could god wig: these questions, what was the use Mr. ir6%fir 13m he did not wlsh to mums to take more po wet than thu than of CcmmonsAIn EggYagQ or gt Opawa was not 'retatltetyr to nilow It. Mr. Sfiiaiiiirriiiriifi"i according to thin Bill itthe Courts drclared that I membet mu- n-' -_2IL_ LI I I1 - - SECOND SESSION. TLe S gasket took the ohMr " 3 o'clock. ES l'ATES BILLS. ICEPORES.

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