The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 23 Feb 1877, p. 4

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ay He wos saylog whon interrupted that this contract was boiween a subjeot on the one ride and the public on the other, and if i% was fourd that that contract had been abused to the detriment of the public, 1t was the duty of the House to relieve the pablic from kthat kind of oppression. At the time tbas the contract was ratified by Parliament there was no suoh dispute as this, No psr-- son foreraw tha d!flionlz that was likely to arize, Was it to be unaderstood that because the House bad ratified this agreement under auch olroumstances they were not to do what was righs when a difficulty did arise? 1{+ sdmitted that in a }mnly private mautter they ought not to interfere, but he submisted that they should interfere in a matter that affeoted in a most materlal way way Company were wililng to acoept the rerclublon proprsed by ths hono, memb«r for North Ostazlo, and would have agreod to pay balf the cost of new paving. They werse uok willing to do this now, but retaurnsd to the origic al contract. Mr, FRASER rald that hls amen4wmsnt wias entirely Indeperndent of the Compaoy,. He was not acking for the Compary. Mr, BETHUNE seald that the hon. sintle. man was consulting their wishes in the mat-- ter. The Hours would appear to praes over the imputation of the public journals as to improper motives, and would best en-- sure public respeo*, by takiog that #so large a porklion of the publlc The railway had been a nulsance from is very commencement, 'The cars were so vile, filiby, and dirty that persons could sorarosly use them, -- Tken the Company did not rua enough cars at cerialn perlods of the day, Citizsns going to Yorkvilie couid not fiad atanding rooto in the cars,. The Oompany made more money by overorowding whe'ir cars than by ruxning an extra namber, The tracks were a constant souroe of auncyauce and daugec to people driving, and the dam. ago done to farmersa' waggons and pr.vate vehicles by I% was considerable. I? an un fortvnate farmer whose waggon had been Injurcd went to ono of the proprietors of the ranw--y for redress, the answer he got was more exprersive than polltic. He was told to ; 0 to the «------, was rot a private coutract, but a contract with the public, It was a contract which ciuld be sanctioncd only by this House, snd If the Houss found 1t was being ussd oppres-- aively is was their duty to put an end to the oppressicn, 'The octher night the Strset Rall. who stpported the amendmen} were not zo solicitous about private rights lut g'm. when a secotion was loserted in the reet Rallway Bill in the Private Blis Commistee. Mr, FRASER said that the sec'in refer-- red to was inzerted by the Private Bllls Com-- mitteo on their own motion. 'The Street Railway Company insiited upon kesping to the'original contract, and opposed the lygisla-- tion altogether, Mr. BETHUNE copaidered it aun extra-- ordipary thing that in a Bill introduced by the olty of Toronto a clause should be in-- serted raddling tha wholo city with respos-- albilities the contract did nos impose. He falled to see how that clause got there unless at the intance of the Companv,. He was quite certain that the City Solicltor nevor, ot h's own free will, puts is there, but that 1t was prersed uyon him,. The Company had trken their stand upon thas Bill since its paseage, for ho was told thas tl.x:z had never ecniributed one sixpence towards the block pavement cn Kingrt:eot, It did seem to him a matter of hy poorisy on the part of the Company to raize an outory that private con. traots must uct be interfers4 with, Butthis Mss BETEUNE proocccled to say that the road was alwa; s our of repalr, War it nos abrolctely cecesrary to settlo this ques\Mon, as it or gh* to bo settled, in a falr wn{ to all pertice? When the Company askcd legiala: Mou from this House they virtually sab. mitted go such terms as the House might mquite from bime to time. Espatence showed thas i1 all matters between wne pub-- MHo and private i1 dividuals the private indi-- viduals ganerally get the better of tha public The inofvidual voald always find rwl; advocater, from a sense of chivalry like tha scervatirs the Commiasion:r of Pugllc Works, to dif sA tha One against the Many. There was no danger that the House won{d Impose bareh or Improper terws upon prople of this biad, To his mind, the matter was entirely distinot from the ordinary private contract, but was similar to rallway matters and raliway bonuses,. He used the last tsrm as sncther i}ustration that the House bad Mr, MEREDITH--City Couns!i, (Lingh-- Mr, MERRICK said that he voted upon the amendment of the member for North Onbario without being approached in an im. propor manner by anyone, He thought if the cltizens had mado a bad bargain with the rallway they should bezr the conrse-- quences, He thought as there was contrider: able diversity of opinion upon the interpre: tation of the contract, it should be submitted to the Courts, It the citizens of Toronto found _ tbhat the positlion of the Compary was atanding in the way of the interests of the city they were entitled to atk relie!, but not at the expen:ic of the Company. _ He was in favour ot reverklng to the orlgins! agreement, and resonted the imputations of the prass upon the membars of this Houre. Mr. FRASER said that up to the timehe had been assailed in the newspapers he had not ocanvasicd a sringle member, but after-- Mr., MILLE R said thas th:y skou'd dea!\ with this matter as between two incorporat. ed companies, each as strovg as the other. He then referred to _ sheo arkioles which had appesred in the olty nows-- papers _ in _ regard to | the _ master, asnd sall that tho aotion taken by the press on the sobjsot had, he believed, been caused by the extroeme courss a4opted by the Commimisner of Pablico Works, (Hear, bear) He (Mr. Milier) thought it war very much to be regretted tnat a goatle-- min cconpying the position of the Comm's: soner of Pablic Wourks sbhould have taken such a very extremse onurse in regard to & private Bi}l not oanvasmcd a single member, but after-- wards he had wished bo assertain if there descend from his bigh position, and actualiy !: to work to canvass the rmembars of the ouse, and take the part of a whip in regard §o this Bill, (Hear, hear.) was enough indeperdernce of spirit in the Honse to resent tuch attacks, Mr, MILLER said that he belioved the porition taken by the hon. gentleman was to try and burke this Bill by a catoch resolution (bear); to Invoke the rules of the House wherever he corld do so to defeat is, and, in faot, to oppose it te the utmoss of his power ab every stago, He (Mr. Milier) had no doubt thas the kon. Tntlumn war armtuatel by t1e belief that the Toronto Breet Rail way ware beirg unjastly used in the matter, but there was no doubt that the astand taken by the public press on the matter was caused by his Mr, FRASER--Dois the hou, gsntieman mean to insisuate that I have saken that course from auy improper motivcs ? Mr, MILLER rald tbhat ho losiquatad nothing of the kind, but he did say that it was to be regrettsd that ths Commis'oner of Pablic Works shcu'ld opinion ugon the meriis ol the .%uullon. 41¢ thought if a bargain war made its terms should beadhsred to. In this Instance, if sthe rights of the Compary were standing in the way of improvements-- it was comperent for the city to ask for relief, but not at the ex-- penie of the Company, He thouqflhst i% was the right of the Osz&p'n{ or the city to lobby so long as they did it legitimately and did vot approach members in an improper manrer or with improper considerations, Hs thought that the press of the city did wroog in !mpnflnal such mc;:!nl to lhenf:. and is was not so long ago since charges of corrup-- tion bad been brought home to them, go concluded by thanking God that he was not Indebted to the prees for his position, tive rallway boouses? Ths same principle that allowed P:rilament t Interfcere in those cases would hold good in this instance, (Hear, hear. ) Mr, HAY did not pretend bo exprers a legal opinion ugon the merits of the questilon, He not always lcuogod the principle of non--in. terference, for hsd they not legallzed 'defeo. (Mr. Fraser's) baving adopted so extreme a course, He thought it atrange that the hou. member hkad not acted this Xur in accord-- auce with tho positior 4> »ad taken up last year, _ If Ih was ag! »on, gentlemen §o ir voko the rules of t-- ... .so to destroy ons Bill, it was right to ds ao for another, Had the hon. gentleman takon this positlon lass year, they would have been spared a'l this trouble _ ard _ anxlaty. He _ would voto agailost the _ ameadment, _ and Srusted thit the House wou!ld decids vupon this question at oncs aud for ever. He thought that this Houso was jastificd in thinking thast tho pavement on Yonge--atreet at the time of tho contract

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