The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 22 Feb 1878, p. 2

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further sales and purchases. The result Wtt8 that communications took place be- tween them, and as the "bulls" were still operating on the London marktt, the Value of the shares increased. After quoting from a report in iftiumtrl of some remarks made in the Dominion House with respect to the purchase ot those lands, he Went on to my that he. maintained the opinion that at steel; would go down, and so inFiattud his friend in England. He had no doubt, and he so stated in his evidence ht fore the Court that Mr. Grant kept his stock open, perhaps In some other person's name, upon his infor- mation trom this country, which was w'eil hased,whieh was honest and true interim- tion, and that he dice-ted large sales and made a large. sum of money; and therefore, when he Sent. out instructions to Blake, Kerr,& Boyd to prosecute him, he (.\lr. Mucdouguu) tontendcd that M r. Grant failed to keep good faith with tiim,andowcd hinm large amount ofutouey. The st mks had sinee fallen to lol from 23, the highest point they reached. He read a letter dated May 13th, 1875, which. he ttrid, was not acct pted in Court) and which he wrote to Mr. Grant, to show that up to that time there was a continuous transaction between them. Mr. G'rant, them to get rid of their share. atthehit favourable opportunity, because his convic- tion was that they would go down in value. The gentleman connected with this one Mr. Grant, formerly Secretary ofthe Grand Trunk lirulwny Company, had become a broker, and was anxious to obtain his opin- ion, and did get it and acted upon it. Just before, he (Mr. Macdougall) left England, and to the surprise of everybody, the shares of the Hudson Bay Company suddenly, in the course of a couple of months, advanced from 17, the par value ot the shares» to to, about £2 per share; .'1'here was no apparent cause for such an ad 'ance. but he felt t,atisticd that before many months they would fall below par. Acting on that opinion he instructed Mr. Gru'" 3 Bell for him 150 shares, and on his leaving England he obtained a settlement of some balances duo him on certain transactions. At Mr. Grant's request, and for the sake of his part- ner, who was a stranger to him thir. Nao. deugall), he wave Mr. Grant security in the shape ot' a mortgage on some property In Toronto. That "as done on the strict un- dcrntauding that he should protect these shares, and he (Mr. Macdougall) was to ascertain, if possible, on coming to this country, the cause of the use, and communicate to him, with the View of his making further salor on receipt of information. tio contidc", was he that the stock wou' .a .that to allowed Mr. (Expat to sci'lw shares e t his account before he lctt England, and Mr. Grant as- sumed the risk of the further rise oi the shares. lie thought he was pretty safe in the hands ofa gentleman who had acted so gcnctotcsly with him, and he came out to tannin. The shares, however, continued Lu ' rise ; but at a certain stage of the proceed- ings Mr. Grant took it upon himself, with- out instrucoms from lllill (Mr. Mucdougall), to close these shares when they were actu. ally on the tall. It was, as ho (Mr. Mac- dougali) considered, a matter of Lon-i our between the parties; as he understood the, law, there was no ' legal liability, transactions of this nature , not being amenable to the courts unless" there Mas an actual transfer of the shares. lio.'t Yer, Mr. (Brant paid a vr,it to ' Iunada and made a demand upon '...".," n rt only tor the balance that had ac.| uued on the 150 shares, but on the loo on ' which he himself had agreed to (may the l rtsili, alter);; to some L2 or .173 a share. 1 lie of course told Mr. Grant. that this "as l, not, in accordance with the agreement. In I the the ultimo they continued to hare Coin- munieation as to the cause of the rise, and it came out that it was in ('onsezluem-eoi a pro- posal manic eiilu-r to or luv a lllcllllitl' of the (imam-u at of Luanda to purchase for 'he people oi thi, country the lands ofthe lind- sou liar Coll" any in the North-west, and the price ineiiuonul was Alac0/soo. 11,. couszdered that a great impropriety on tlw part of the Gov, Hunt-m, and he thought the people oi the country would not approve of it. it "as tigt'ct'tl bctwcwn himsch and Mr. Grant that the latlnr should go Lurk to London, and be guided by his advice as to further sales amt plu'ehases_ 'ri, "M," uh" and Mr. N back to slvice as to The result k place be- that ww-r, 3.44"): who 1 LL t I 11w i .'it " l "mt 011:1", had u zigm w awn-m; himwlx, and 11115110150 had nothing to do with the litigation referred to by the hon. member, But he had hoped that the hon. member in his statement. would hare reinuliatyd fused, believing that as tho Chancellor mm 1 taken the oath of his oflice, he would con- duct the case fairly. The garbled Slater ment in this newspaper of a. private transaction was made the ground of an at- tack upon him 388 public man. He sub- mitted that there was nothing in the fact of his going into Court and defending himself, ougrounds which ho believed to be just, because of what he believed to be the viola. tion ofa contract. But this newspaper, for the purpose of damaging him in the eyes of his fcllo,r-couutrymun, and of casting a reproach on a political party,chosc to parade this mimic suit before the world,and to nssail him in terms which might be trailed "Leis/urn All in CLAIM my a letter, which formed part .of the documents published with this case. Although he had receiveda copy cttho newspaper only an hour before, he consider. ed the statements made in tho letter sutu- ciently startling to induce him to read it, and that was the only part of the report in the newspaper which he had read. He could not avoid expressing his great regret that an hon. gentleman of the political ex- perience and standing of the hon. member for South h'inicoo should have written a let- ter of such a. character. It was written, he observed, during the sittings of the first ses- sion of this llouso, and while the hon. gen. tlemun was a member of it. The hon. gentle-man stated in that letter that he had tmifered some losses, and mint moire a ti big push" to roan-er them, The hon. gentleman was, of course, entitled to the sympathy of every member of the llouse for the losses he had sustained in this unfortunate transaction; but when he proposed, as he did in this, let, trr, to emi-.-.-wonr to recoup himselfof his losses by Using his position as a member of this House to have certain statements made here, and by having Mr, Mackenzie ques- tioned in the Dominion House as to the vulueofthe property in which he washr- teres-tod, he. did wrong, and it was the duty ofcvcry member of this House to disnpw Iu-(uvn no. Lin ..A.tJ..nL er I. -- r _ however, took another view, and the case went into Court. He was advised by his solicitor that the transaction was illegal, and could not be enforced by legal process. In support ot that view he read Mr. Benja- min on "sales." lie believed he should have been justiftcd in resisting the designs at- tempted by his bl'Oktl' upon him, and in availing liiinswlf of the plea that the transaction was not recognized by law, bat he vcfus'eU to do so, prciUrritig to let the case go on its merits. The Court did not de- cide in fm'ourof his View. lie had no complaint to make of the judsmunt of Mr. vice..Clrcaiccllor Bltiluy--a gentleman whom, for many reasons, he could not expect to hold " very favourable opinion ol'liim. m was advised to make application to have the case heard before another judge, but he re- fastyl, believing that as the Chancellor had taken the oath of his office, he would con- duct the case fairly. The garbled state- " "7,2..-AA prove of his conduct. Her (Mr. 1Iod; as tl member oi the House, "xprcss his surprise that the hon.gcutl I .ul l'n It". run... ,'L,, ' ' _ _ -"e_' -""-. ..vu.b\.uu\;uulu 1 'ul so far forgotten his duty as a rcpresen. iatire of the people as to Seek to use his public position here for the purpose of pro- muting his private advantage. It was re- garded as a cardinal principle by those whose views on public all'airs were accepted as authoritative, that no member of Parlia- ment should use his public "position, either in the way ot Itg,_islathig, of moving for re. tttrns,tor of making statements in debate, to promote his private ends or his fiuenciaiadvius tage, and that under no circumstances should he allow his public conduct in Parliament to be influenad by any private or financial considerations. In a House, therefore, which required of its members the highest M r 1n inn m tll bly ta, tttnog 0 in ll 0 th lnnd c the pro:- tid ther ll iitt . Hc't51r. llodginé), tlit _iiottse, must th m " o it I. gentleman a represen. Si: m

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