The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 18 Jan 1876, p. 3

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.ir _' # * tss e mt ; ae o eimeepem COsc ns o 29e sgree among themselves as to the length of its own discussions, yet the Bill sought to 4 time that the matter should remain in the confer these extraordinary powers upon the hands of the Government, ard had not bsen Logislative Assembly of 'Ontario, If the ' f y able to show that the public service had libel was one against the Houre as a body, & zuffered, or that any one had °°mlf!""°d in there might be some justification for such < # , reference to this lofihry case of Prince Ed:-- a provision, but as he understood the iB ward, The member for South Simoove was a | wording of the Bill the provision was direck-- 8 member of Sir John Macdonald's Govern-- ed againat libele upon individual membars, J ment, which reduced matters of this kin4 to CGentlemen who claimed to bs the particular $ [¥ -- \| a rystem, 'The practice of this Government advocates of popular liberty as opposed to ts was in general unusually prompt, and was far arbitrary power, wero fourd bringlug in a | different in that rospect from the practice 0 Bill which was nneumgled in tha history of ¢ 1 | the previous Government or of that of Bir any country for the arbitrary spirit which | | John Macéderald. pervaded it, Insteai ot looking to the pre-- [ f | The House then divided, and tho gmsnd-- cedents of the past, which were generally re-- | | ment to the amexdment was lost, Yoas, 24 ; ferred to as a justifioation for mautters of § ' Nays, 45. 3 legislation, the Government seemed to be d | | _ YEAS,--Messes Bart, Boulter, Coutts, Creighton, l going to French Conventions and Roepublican 6 } * / | Flesber, _ Graham _ (Fromtensc) -- Hatkin, Kean tribumails, where the moss arbitrary deods f | Lauder, Long, McDougall (Middles:x) Mecdongail were!donre and the greatest orlmes committed (Simcos), McGowan, Meredith, Merrick, Mostyn, under th {/ libe (Laughter.) It | Preiton, Richardson, Rozevear, Bcott, Bnetsinger, / | B Hrelioag antos rty, (Laughter, | Tooley, Wigle Wilis.--24 | might kappen that it a member made himsel{ i NATS.--Merre Applaby, Ballantyno, Bothuna, obnuoxlous to the Government they migat Blrhop, Brown, Chisholm, Clarke (Nortolk), Olarke very -- earily _ suborn another men: ' o Pelmics" Sad: Simom, rusm, "irnvad ber _ to . make | a . charge . against (Lam:)'ton)" (.}'r'm!;'a Grant, Hardy," Hargraft, Hay, | him wkich would unj ustly bring '!'0" ,hl' I Ucdgins, Huuter, Lane, Lyon, McCraney, McLeod, | expulsion from the House, thus disgracing | gfx'f"""iiofi?;fi r u?t';:t' g:é:fi' !;7?;':1:'1? (:;Es::fi;u)-' bhim and losing bis assistancein the House, He | Waiterwortb, Widdineld, Wilas, Wilkom, Wood. cited a judgment which had been glven some . | 4 | time ago in New Brunswick, ia which,it was | *4r. Broder, for the motion, paired with | heid that the Local Assembiies shoald only Mr. Haney againat, | have such powers as were eszential to a das Th Amert lost aul the third discharge of its Guties aud not thoss of a f | 1 h0 amendmen ';'" hC d'lmh' Parlisament, Heintended on concurrence to | reading carried on the samo division, . move an amendmert by which the poual [ *: ; The Bill was then read the third time anrd | provisicns of the Bill could only be enforcsd | $ pasced, f. | by 3 two-thi;;!aBmte o!ldthbe House, n']l?iho | y 3 r iT )j Ne I | tendency of this would be to demoraliza PERMANENT BUILDING 'S' C1ETH 3 | the pubMcmindand wesken theiafluenceof the , | On the motion of Mr. MOWAT, the Bill House, for co matter how olcarly a member to wmake further provicion respscting Perma, was {ourd guilty of the misdemeanouts msn-- cent Building Soocicties was read the third tioned in toe Act, the peop'e would regard it time snd paescd, as a political matter, and would surround It keing six o'clocok the Speater leit the the expelled member with the halo of glory. obair, Mr, MOWAT sald when a Governmest Alter recors, ;:Jéoh theli\on. m:mber ifl".: %oulth glmsoa i o Aimrarys t y in the part very olten deslared was a THE LEGISLATIVE ASSEMBLY, miges corrupt oue was in power they. oi On wotion of Mr, MOWAT, the House only exercised their privilege o! expulsion on went into Committee on the Bill respecting two occasions, both of thom being with ths the Logislative Assembly, unarimous, or the nearly uaanimous, ap: OLjection boing taken to the olsuss declar. %';":'l :£ the ]':)Iouae.. ;fhiloweernt o'f;o ':l':::;; ing that a member expelied the Houss for dis-- th. h. C .b?" C bl', Y _s afraid ¢ ' . 4 goal cfu}co;dur;t ahb.'.&xbe disqualificA for the waes :;;our:t ® ;l?emlil;:ly w": 6 ::k' | k e a 43 ty s | remalucer 0' the th'on f'..dn.:.ag Legislature, placo, The great minstake which the hoo. 2 | Mr, MOW AT said the Bill was t:r:.merl for ; member had made was that he confoanded ' tho motectinu of the whols boiy of the the interent powoers of the Colonial As-- + | people. _ With regard to the particnlar l zemblies with il})::se which it was expedient' -- | clause '_")xnpss'n'%(l o',, he would ohbserva that | they should posse:s, and which they had the < 3 ' for tsking even one dollar ount of the House right to take to themssives the same as they | a man was Cisqualiied for cight years, yet | had to confer them upon a court outside of | they fouzd hou, members ol jsoliog to & ', the Houses, No one claimed that thore f | cleure disqualifying for ono Assembly a mom-- | bodieg inkerently possessed those powers, \| 1.,' r ':'L"\- L'B'(N' the .Bfiu'ae .033))'35'&-. LI,O('O. bu'; it was ju't as necessary that th{s LSgi.' i | He thought the parity of o. Houss would | lature should possers them, as for the House | _ ' : demand even atrongor provisions Wian word i of Commonse of Enogland, the House of Cam--« fousd le tho L-;LL. Power was always liable ' mons of Qanads, or the Assembly of the <} to sbuse, sud al ways would be, bus that was | Province of (Quebeo, _ to _ possess § ro remson why power should uok be con: | them. -- The fact -- that the -- hon. fersed. | member _ bad _ to go away -- back ; Mr, MZREDITH erfd that wha't he ob. j to English bhistory to the time of Wilkes, and leotad to was th«t a bare majorlty of this in Cansdisn bistory to the time of Wm. \ Legislatus should hava the power of visiting ' Lyou Mackenzie, to find that these powers | & mambor with thoe poraltics of the Act, | kad been abused, showed the whole nature of ; | The reason whioh had been assigosd for the | the objections which he was raising to the ¥ tuhh'a' s in the law whoreby contraverted | Bill, The fcoundation of the provisions of $ eleofion casos were brought before the Courts the Bill was,that the Legislature,in its public s Instead of before Committees of the House | capacity as a deliberative body, should sze to 3 was that Committees were likely to bs of a it that its efiioienoge in the discharge of its | partizan charactor, and the same reason duties should not be interfered with in a | $ | mshould prevent the powers he had mentloned way unfavourable to the ~interests of | e being conferrai upon the House, | the public. Tho honourable member had P Mr. HODCGINS thonght that the Attornoy» referred to the impropriety of the House General should leave the question of dirquali-- | ,-- | taking cognizance of cases of libel, yet & fication to the Courts, for the House would ~ | the business of the Houss _ had 4 then bhave the power of expulsion if they | | been delayed by the hon. membsr on one 0s casion with regard to a case of allegod libe! % chose to exercise it. | until he had been corrected by the hou \ » Mr, LAUDER mjht the p'i"-':" °; 'f'; | member for West Kigiu, who hai shown . pealing to the m" fee expuition h104 bim that it was a mattcr with which the fe be left to members, s Houee had not the power to dsal, Hsa had l _ Mr, MACDOUGALL said he had objscteA stated that the Bill was an unprecedented g | to the constitutlonality of this whole maa:-- meatuse, yet if he (Mr. Mowat) was no: ' f | sure, and the changes made by tho Attorney-- mistsken the hon. member had foun4 fault El General did not remove his objectionthat the wi'th the Bill because it was an oxact copy 'of P m | Bill sought to cloths the Hceuse wlt.h the the (Quebec Act, The Bill conferred far 5 powers of a Court, Ha particularly objectod lees power upon the House than p to the cumnlative penaltles which were im was sought by Mr. Gandfield Mas-- i /: | posed by the clause which the hon. member donald's messure, far less than those powers ~% | for London sought to amerd. It was un: ' enjoyed by the Houses of Commons both of 1 P parsllelod in the hi"""{ of any country | England and Cansda, and far less than those .M GXOGK' in the osses of Wilkes and Wm, Lyon powers and privileges which the Colonial 4 M'O Cnde' 'nd the 6m bad ')"n deohrod Im'.]ature. or.';med to h.ve. I unconstitutional, while those who had taken Mr. CREIGHTON d d stroagt the porition in the second had afterwards | & the plan by which in tho Rill it wassonsit | A withdrawn from it, Even the House of Com-- :o :na':n Y es Hould © m fw'"""'h' f mons in England, with all the rlvilePel aad | d ar int thelr seraio 8"I§Y.° ascepting { k t wers conforred upon it in ogden tlmes, it | morey for their services. justioa could | | E:d been held bad pot the power to bring not be obtained in the trial of election cases Ei | persons to its bar and punish them for libel. I by_ committees of the House, it was jast as ' C } The House of Commous had so declared by unlikely that justico would be given by apir-- | ' -- 1 T c L innccmmniiee in m e e e ts ic ce en Te s % *

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