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CS C l «-"'"""'*"\»w in es er P s in repair might be very comsiderable. vhab was in the minds of the contrac! 3 - mui';':t 'Toronto consequently asked for ?-- when the qn:'nut was mu:c'. power to compel the Strees Railway Com-- ou'd 1% not be most a dbn'&:mm | pany to keep their track in proper repair, so the Intention had been to allow the Com: as to avoid perpetual litigation. It was also ":I,gn pere or macadamize to the extent in the in'erests of the country around that of eight feot in the oase of a single track or this legu lation was asked, for it was notori« seventeen or dmm- feet in the case of a ous tbat great damage to teaws and wag-- double ome, while all the rest of the street gons was cccmeloned by the state of the was construebed of a different mabterial ? If track. The Commissioner of Pablic Works m interpretation nfi'c:u by the Jom. ued that no injusiice would be done if mwloner _ of _ Pu Works w aro) J k as the Aoct was rertored to its origlnal torm, the correot one, it would follow The citisens on Yonge--atreet woere very de-- that for all time to come, notiwithstanding sircus of having work done that would make ¢ auy is provements in the art of road making the streek better, both in the inkerests of the that might come with advanglog civilizi ciilzens and the streck railway, but if the tion, the Toronto Strest Rallway Company amen4ment were carricd,another year would | would be allowed to lay dowa a narrow be lo.t. I; wasn batally cmntu vliew to atrlp of road.--way of one material while the hold that the log'slation sought was an remainder of the atreet might be composed Interference with vested rights. Ho nsver of entirely different materials, It he thought s could consider thatthe Street Rallway Com-- for a momert that such a comstruotion papy, which ewed its existence to the Legls-- wonld be placed upon the agreement by the | lature, bad a claim to be trsated as having Oovris of_law, then ucdoubtediy it was the private rights independentof and disiinot bounden duty of the Legislature to intervene, from the rights of the people at large,. It and come bo the resoue of the citizons of there was a doubk as to the true consiruc-- Toronto, so that the Street Rallway Com-- tion of the agreement that doubt should be pary should not have the power to dictate settled in favour of the public, whose rights to the city of Torontofor ail time to come were being derogated fro n by the uncertain | what kind of pevement they should use on a meaning of that agreoment, Ho was not portion of their streete, or to say that the aware that the city of Toronto had done abould sot use any kind of pavement at -fi | aught t*at should cause it to be looked upon excopt the ordinary macadam., It was plain * ' with dix.avour by the House, and what it that cuch would be the inevitable conciasi:n asked was simple jusiice. 'The people on of the construction sought to be put on the Yonge atreet said what their propsrty had sarcement, asd as held so be the right one, been reatcrially leatened in valae by the con: He wirhed avy member of the House hon-- struotion of the rallway, tbhat thsy estl;y and fairly to jodge ol the matter as campot geot a new _ pavement _ a%+ ene of right, and smy whoather, in viev cf s the cxzpimie of the oltizsns generally, #hir concimico, which wear an tnaroldable and toar the whole burden of payment one from the promisos lald donfi the | should unost be thrown upon them, consider. Commisaioner of Public Works, it was not Ing that the Street Rallway had a bhazsd io the duty of the Houss to interfere and to , | wearing out the pavements, It was said secure to the pecple of Toronto their jast | | tbat at the date of the agresment the uo of and reasonable rI'hil. (Hear, hear, and | | block pavements was never cont:mplated. cheers ) That, at all events, was the con: | | The certificate of the Cisy Englaecr in 1860 ' olusion he had formed, and therefore he pro-- | atated, howoever, that there was a stone ' posed to vote sgainst the amendment of the ' biock pasement on Yonge--stroet, south of | Commiesloner of Pablic Works, (Hsar, | Queen--street, before the contract was made. | hear.) Bu' pupposing even that the correci | He never had the slightest doubt that the I.nioiproiaflon wai decided bo be as he con | language of the coutract ever wat Intsnded | tended that it abould be, that the Sirect Rall-- to prevent the city using whatover material | way Company were bound to pave as the seemed, in their dizcrebion, to be be t for city of Toronto "V.d. in order bo arrive at the readway,. that comitruction 1t would be necsssary to Mry, MEREDITH thought the hon, Treasu-- ': through a long course of u::fnlon. It rer and the bon, Commis:ioner of Pablic | the matter had to go through all the Courts 'Woerks might have added a qualification to | of Ontarlo, ard finally to the Sapreme the views thoy had taken of _ the Court of the Domlolon or to the Privy Uorn:-- | fanctions of the Houss--the giving ofl, involving a delay of perhaps two or | ot ample machinery for carrying out tbree years, would it be rl%ht that during the agreements which it may sanstlen. all this time the citizen: of Toronto and the He thgughs that the interference now being surrounding country should continue to be tiken with the relative position of the put to the trouble and iInconvenience which partiey could juatity in the futare the taking they bad already long experiencso? _ (Hear, awoy of their franchise ftrom them altogether, hear,) He did not for a moment thiak that | By the 17th seotlon of last year's Aot is was this Leglslature would be performing its | evacted trat when the repairs ware not maie duty it it sanotloned such a thing as that. | within a r aronsble tinm the lg"g'i E :gl:oer -- (Cheers.) | | or other compotent official con!d give no08, * Mr, DEACON sald that this Housve ahould and afserwards if the repairs were not made nct be put into the porition of a Court, Tie proceed with th:in a%t the Compiny's ex: Compsny might ba right in regard to the prouiliifeghaniggs -- ho oy i4 has reaiperatsr » interpretation of the chator, b--t he thought Liemplily At obl.lgnkd to do a cirtaln 1t was not the funotlon of the members of awxcunt of repairs then the House should the Hcuse to alt as judges upon the agrse-- provide the city with the noounrf machin-- l rent. If the Rellway &mm' haZ the ery for carrying onk their rights. He Yongo--street merchants as their slavos ho thought that the impu'jation of improper could rok vote for liberatlog theso slaves motives oslled, as tho Commissloner of without compensatlon. _ He would, there. Public Works had r#ald, for a unaoilmouns fore, support the amendment of the H. expres:ion of condemnation from the House, | Commhiaioner of Pabllo Works, --He asid + beirg rot only a refleotion upon the mem: that in Tnx GroBe of the 20th appssred ber», but upon the character ot the House, an article which he considered highly dero-- ; Mtr, PAXTON 'hl"' in the .teath '.'o" to the dlgnlty ol the House. l of those prints which had aitemptei to He then proceeded to read seleotlons from ' Intimigare hnow, membits by imputiog to the article in question, .He si'd the mem-- ; trem improper motive», that their conduct bers of this House were unelther to be bought way 'llnlflng to 'h. F.blli.. H. .'ld 'hey nor lnumw."d. H° h.d not bm Can y a84-- were evidently interested, he did not know ed sor lobbisd, ard sald if any such thing it pecumiarily, in the Corporation geting | had been done it had been by the olsy and sorae advanhao over the Compary, 1t the | uot by the Company. If tho clty had not leader of the .6990""00 wore bo say that all right on their side they could nokt get what Toronto wished was to utlok t» the orlgin«l they called justioe. A[m they h ad appea'ed _'fi:"m'" the matter would be at an ond. to the Courts it was time to come here and m e hn un 'at Panth ons s Clan L <tepesroite+ it t4 k w Mr, BEIHUNE oontended that the which would kbe a teat of the sluoerity of House did interfcre coomlonally wi | y with pri-- l""" profesaions, | vate rights, and he instanced a Bill passed : _ _Mr, SCOTT said that becanss the publo | | durlng the semrion affecting the patent , prints had induiged in certain remarks is was | rlfim of settle:s in the Fres Grant district, | ao 1eason why the amendment of the honour. | which rights were guaranteed by the statute | able the Commimioner of Public Works of 1866, A patenbre who obtained his | should be supported, _ kie thsught that it patent from the Crown Lands Depart | wars the duty of the Lfifllhhfl under cor. ment bad a .Klvah contract, He was ; tain ciroumatances to interfere even with guaranteed certain rights noordlns to the | vented rights, The vested right of an in-- tert of the atatute, and nevertholess the | dividual was in many cazses a pablic wrong, Howe, without even dividing on the quer k | sn4 the present caso was one in polat : Micn, affirmed it wes right to place ngon the | He proceeded to read from the orlginal | statute a construction which the Govern:« okarter, and said that the msan-- ment thought a proper one, 'Then the House ivg of its lan was zo cloat aud confiscated private property for various rall-- usiniatakable that T% was to his mind in-- wsy purposes, becaure the public good was cancelvab!c how a doubt could exist ag uo served, to which the private right of the 1 ooo h ,