The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 20 Jan 1882, p. 6

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' . _ . i'l- ", __ '.t .' . ' . ' L'. " . ' ' - _, q an." v Ate; H": ih%t8lt, r"' a {my w", ' raga»? F 3~'-, ', In" . " MrRWi?i' 95"" "an: "u'i5R Fil ' 9 A? 32-53,, it {My}; _ _ . . .. s oi'tiitS'ji..mllh'.'ii'f,e":fJ1i,15, " #73"; '15:, .9": e __ " n e . ,. - - . 2w: T tr," rrcc'r. ' - 'iiif, e"Pr'r, '_'." . 1 k? F:V "£72655: Tcs' __ ue ' .' ' _ 1'2"" _ r"r'r. ', r , NI r "f - Is J-_, w" Ft _ - 'tH. I, W. .r." . . V _» ' " ., (a , 'fc, ' _ ._-. . '" 1 - it. . . F . .. - ". 'i.':" iv'm'vlv ', "rt -, .l,_u.._.- 4'. _ _ , ', . ' . _:-'"'. '. .i -' [It "i'ciais '~ atiti,rioGtitr) 4 - - teontrolot the Imut: ' own; was ex tr6siredat, to the constitution y r. f. 2tt2,W',t,tet (t),eu'li/'ttit./i'sTrttflld on the par» l, of that Act. anll stating that Gtkithstanlittthe ' o the Dominion Executive." (t'heers) l doulrt it would be allowed to RO into operation' . Mr. MEiwmrrrr---ir was not Ontario that enter- I "Mr. PAttohug--Yess, but notwithstanding this We edinto CoaNdoration. . . e -t l Act wasallowetil. Here again was a case which - Mr. Pumice replied Pu, teee,v.zmi,r.mte.y'l"iile'tf- , wouldeniilse 1tl'.Pt', ot this country to P1'l'lt . Provincesot' Ontario an uepec. . ',",",' . ioli1ism1.l. ere was reasonable roe _t a tutin the old Province oltnhwla- did "clinitfii-'l the. Dominion Government was intruenced in T, . into 8o,llhrllltioU." He asked if the 1,'.e,'h Sy. ll (basic questions br political reasons. and he ap- man undertook to more bystwh ty.elyi.c1 "Mil . peeled to the House and the country whether .. t lag that Ontario's rights were te.ti,.1iii,tih I." I there was anything more dangerous to be intro.. _ was quite sure that When st1tltry.,i.e.",,tt' Ah 199°?" i j duced into our federal system than this element. tion came to consider that itthet0eetlo1t o lit up WW4, would. undermine and sap our provincial would not think it a u'.o.od defence. "ml 'rl'i. {1.2, i and i-"cli national existence. as it would tend to argue against the WONG" which he 2i.,', l . ll] at" I brew n t_'onfttderarion. Hon. gentlemen oupo- / had taken. ire now thoutht he 'uadclear y 8 i,0 I site l ' i never ventured to say that the Streams l, to the House that acu'o,rdil.rrt to the. ,t.oifizt; "iii was illegal in whole or in part, or ttttshit, J: Act. which was our Constitution. and 1'i"'od1'll'i', I' T ati'ectecl the interests of the Dominion generally. l the blithesl authorities Ott tlye 'cet/p',,'",, lj,';)','),'),') ' The ground that they tool; 'VIS that. the Bill was thaDotniruou and the Peo.ti.y.c'et,, the . [l",',),") h an outrageous iiieitsuro iii its proytswns. and . had no right to disallow Bills that were, WI un ought to be. (ll..i:l.:wezi we"): recs-loo "f alt'ghe i the eompetener ot. this Home J.!,',,'."",?': 1.i.y the: l vrincipleslaidtys /, by Ili. John Miicdonald in ' proceeded to ansider the menisci. not /",'/',r"f'/ his rdport-and that the Dominion Government _ as they WOW not worthy of that more. luv.'-'"' .- -., could not do otlichise than disallow it. 1 the Dominion Government in all ciiipllmr to J ttRt ity f _ the disallowance of the Act. Would any l'"', any l THE NATF'RE OF THE BILL. u - ' we lie rcsn t or it ' the were reasons l They W0 7 . . ' . .. . " lnhgilred attempt ua the part of the jutrriytef. m Addressinn himself to t)tisArtt!,nlt, of the can.» i h tice to make some semblance of iustiticataon beamed v_lrersrentlemett_o.p'pos.iteir they were not , to? his action One excuse was that the 1ogisla- o_ryruTinit.rlteirr,arury.utt,.1t? tar. .When be (Mr. f ti n was rel reactive and interfered Wllll u. suit Pal-doe) introduced the streams Bill ill the House l tlfeu ending Would anv hon. gentleman prc- he said that what the Government proliOs'ed to do i , tend lb say that they hell no: the right williin Was merely to eXl'luH'l the law. hey WON) ' , proper limits to pass retroactive legislation .t lint nit-rely by that Act 1c.C'iy.1.Y, What the l; _wa.s . _ the Government of Ar John had not always ad- lt was lounil that the lil;liest (.ourt int ntiirio bored to this rule and it' not, then they must come had decided that the Bill was 'merely declaratory _ to the conclusion that there was some motive that or what the law was at .the time it was passed. . impelled the Government at Ottawa to dis- Conservatives had been in the habit ot charging ' ll thi Biilother than u properoue.Newouid he the. lieloi'ni party with want of respect to the l 'therd Show that wheat there w H a Government . judges on the bench. and here they were found pro- , ' . herein sympathy with ihe Government at Ottawa bouncing as 0.yir'ayieouf a ittil wltielt the tugboat, it . . an leirislation ind res in the Premium had declared to be right. , _ this rule was thrown to the Willi s. i. . . l. _ . . . . . . l ' that was retroactive and that affected pending Ttte 1'liietJu-1ice had given it as his opinion that I - litigation was allowed to go into force at Ottawa. the cottstroi.tior.t put upon the law _in Beale F. , A L'At0l IN POINT Dickson wa~ ledslatton, not construction. I lie instanced the legislation relative toalormer 1c?lsriai)l,E//i1y,',U.ir -d),yig', 3:81:33: {iff'i'ifiity for r istrar of the county oi Bruce. It would be i_e- a . ,, . .' . 6309th that the registrar in question was ills- .\li'. PArtrrr:rr--Pttlrlic atid, private interests de. missed " the late Saudlield Macdonald. 1'yo . manned that the people. or this country should I re 'latrar contended that such dismissal wasille. hare the nil-ans of briitgiu4 the ivealtliof their ', inland that the Government had not the power forest-i to market. it could only be brought . tomake it. and broiiuht his case and contention through the rivers and streams. which are the r into the Court of Queen's Bench. Th3 Court du. I natural highways t/ty/"il/et, for our forest wealth. cicada" thod'umtual wumexnl,an tint. Wo'., It was ci'idciz. that 1 One man not posses- . . si, t a portion of the stream he wall ', Lo/hit, of the registrar was afrnnchise to be held lm 0 . . .A t l . t I -I viour ofthe occu ant. Under F e to, dictate to the public unou what terms I WT? . a" I 00.1. ')',111) ", n" i virlllallp roinelnlcu tho, oi.ould be permitted to tioat their timber l " iec, "MI" 1 .n 'Hr 'li "y I' to! over ' and refuse such right alto other if in his mill tr The cu s,' nos in (Hi to to our ' . . _ 'd 'n' I: i Alum-ii. and while u w," pending. fut! before at}? h't: '58 '"/'itr,,1li,il!y1ng, Joyful" '/,,u/ihtiht,."hftt ' dc. .uoucould he nrrircd lit bv that Court. t r 5 'rit' H .s " x.) I ile a 'ou iis tit ee . T lircr-'..rvtutt,led ity thc lute .sandilcld Macdonald, ll was yy!Ptu1',P)'. the ueveruutcy.tt to delay t he well " law \\llicli provided that .. "N911" rel-(1* mum"; wiih "I Lilith": Je the question of com- I "m. hmwnlm." "maimed or hvrcaftuw to liclisutloii tuvovidcd lll tre liill.he vryp.oseAtoshow l , in: "mum." shall hold ofthso during pleu- tonic "cow that it was.utuplttattd Just iii every ' 3 Sum only." So they had here a case of the i'csyicct- And that waslucinulu cause of the Bill,' C clearest ar, , broadest kind of retroactive legisln- having been disallowed. Only fancy the Min-, 3 lion while. . lit \v'.'|<i in progress before the Court. tsttw ot 1ltor.s.utrc'. ut th.t. Dominion Got 1 in" l H... tlu. 'ttc'vtri',1,'e was not disallowed by the crliliicnt disallowing a. Bill passed in the. f'ii',i,iirio'i'lra,'it.'.i"/'/ii'/.' b/ii/dr/J/io of DOWN") hr e. dmiklorityi 3 , . ' . '3 rr9. ( iryo nieui ens. on tie groun tliattho . ....:l ' Doe ll ' . mnnsn . . l tc".?,:, 3:" 1.'.gi1d is?!" 'aetc',t'tnii,,ftptt1heet Hominy- ',e.i"///tdi of 'o/ut".?,?:".,"?.?',.', was not in accordance . . . . _ . ... m t us new. 'ie case was not such as would f lei Gogertttacartc.' T . '_, . ... , . . , . . Justuyot wnliant the Government in burnt u l 1r. ['y.y.".i:, n lied if the hen. gentleman the improvements. and the Mill providedgthg nir..lit to say that allowance or. ditrttllt?wyyw., do tulzcst unit moat .illiole hna complete compen- e died on the lac! ot the attention of the Minister _%' ti ' ' . .. . . . . , p m.'. . , ' . I . .. _ emu to the owners of these 1tmwovernenta. anemic}: 1cii,.,1'i/itl..""1//', it?!" iii" in?" 'suit,','. v, hat was llic nature of that cotttpensatiou? It _ m i!) o 5"" ow. e . r. once was 0 wasprovidvd that tolls should be levied and in l the '.1l'f:"f1iei,t that all the ".teari1.u'es.wc"."' can"? 1ixinx these tolls they were to take into consider. full) re.viewcd.iutd "xaruined, keeping in.Vl6W It ntiou the cost ot' the improvements the iiltercst , Inwaud constitutional usage and practice. Not "H the mum. uuml the warm" '.' 5 ... C'.' . t that it Was no Jel tar . that some arson should call . . s ' . Heart yea, of the wt'cntionVol' ir/l,. '/ll,,1o/ll/il Government to '///vl'//tae,"i t'lieui. murder that the compensation . -. l J . . . illi;.:i . ie in iv comp etc. ' 'as not that "mole 1 my: til" that " as deemed I', in objectionable. provision. or was it such as to justify the Millie- , - r. . FCRe,rv.TH-No intalli ility. tor of Justice. in saying it was so inade- ' . Mr.iiriAsrat--Pliahility. (home as \llu cilill for :jisi"r(,igwy/,t'u'i er. Justice , Mr FWD", continuing id h h did t pn, V." in cisseutc roiu tie in :ments. in , ..... ... 1t,sttitithtithe no ' 'PRR' , "ati . . T I lit-{no itttull'ttrility. but the course pursued was 'ie,,',).'?,,':',',,,))"),. ("if {gunmen tr. F.omP,ePsht)1P. ha.d ' mm WM "'tt' in- w _ tit, . . T d . __ ' luau motel in follows '.--- In the mam t ., toil J've'amu't?tiU'tteut n in tin min sot appeal 1 1m pleaw.d t. tit d tl t tl til . licoplnol' this country. It was calculated to huh) l (i ' , ' . '. t m " other mem. i imor; is upon them that tliediiallowatuu, ot Bills if" no l",'" Court hm" tn.N5tt there way to the at '" lui unm- the political pi'cesitl'tt that "us a mum l. of the unpenl. use contrary conclusion br: ..: to l.- . b , .. . b . . . 'l .- could not have been otherwise than disastrous to l . l tell. u with tln y t'outuithe. "NM 9 l",; on" of the most important mdastrtes of the D i , ' o. : Lil , iliilowed when passed by friends out . - .., ' JC,", l, . ' . om n- I d". .\I'xt'll by those not in !ohtical sympathy with 'u",) It," {Fallen}: "ML ye,i,,c, become entitled to , th-,,, I'm re wttsovcutatutrret.tlatuttr.tcsvtethtut that ' ii _ Pl"! " h, 1ely1"'tyflt? without compen- i' i iii-m- 'legisti'iirot'llriiut. Utrlrettto administration 'e le "I "IL" ya',"..,'.',"?;? prouerly secured to him i . oi the lnteJonn Niiillticl'l Macuionaid a Bill was t1l)t'vu.l!1't)lfiep,,r1/"h1d,1i,.vs recently been dis. 1: ' lived prorudtu,t lnl' the diminish! of county V' '. l 1"T.F ,e was one 0 the . J Ju'lu:eu. It was pointed out ttt the time by Mr. all]? "up"? 0i, the highest Court in On- ly i:la;ue, what i" t led the 'r,r,rusrutiort lit the Ontario n 0." ,'h','d'/i but, the "0tttoensation ""3 I t; - l.::;isl:itilru. that the Hill was unconstitutional. ff" lightly scelued by that. Act, yet hon. ' f was contended tlilitthe Dominion Hovcrumcnl he" "I," l cont "My! .tha.t the Ae.t w!'f unjust in ' in'l tlit. power toappoint county ..iutros. and they u." Emily}: and sulll'vicntly so t9Jtvslify. a Minis- . olone could have power to dismiss Jem. Neror. '19; fy, Jlm'hge in recommending Its disallowance. ! Lien-w thle leallcr oi the Government of the day l "i'" tL'ltt'., ' t lollxntl no exi movies or the c we were an " it t now NH" LL'h . ' , l . .. A. . . l l m . . Muiu'RMEN RHIARDED " i no wivri.iusrilicd in pension the Bill. The Hill was . . . . "awning". lutscsed, and it want to oltawa for ',,A,y),l,tg'/ley,e:,tytt, point regarding the Bill hon. rstllleatitut. One would have supposed that trom t: '/#"d"i',t sci-med to overlouli. It was introduced thetytttwv, of the measure. when it Came lobe L," J It tlie se""?"- m" tV the rc'lucst of lien. Srrtyitict'edat Ottawa. it would have been disal- "FUNK" "l'l'os'm the soeond reading was de. " lor, ed. lined wyek utter week to enable them to nacertain , , Mr. 1lmtr:triTir-Was not the firat Bill disal- "WiL'CHHI-t'ol the iuuihei-uien and the tint). of! Iowed.' hubllcopiulon 1'ezai'diiv4 it. The lumber/cu of i 1rr.lur,trsr:rey.ea, but the second Bill. which , 19nlavio women" iutyiliwent. and shreset" class oi l . continued precisely the same principles as the llrst I '"/tysyy,",i you lintWithstandinn' all the delay and i F in}? war, allowed tonnes. He would be Itlnd if the ll": my Pill they were appealed to and copies ot I l t1r'r1i.e'irint/ti,'mt": f'"htl Donith out ju't'i,/1,itht/itid,n. itl1.)'i/e'll/a';'gr)i',i'/'ti/ them, not at single petition or 'ul o t s. l , coin. 'hat ill be- '_', Us"! IN "message of the . . - l came. law at a time when the hon. ueutleuien smiled totlixt ilouie. and ttnless tue.2,iyg,gi; , .9.i'".o..1ry: o1i'upyiitut the Troanttry mum". were from Mr. .\lcliiiren. not tt member of the Home ' in s) 1yy,11..r with the yovcwttuteutyt thrown. The l 1e.tr.civcyl " "outplaint against the provisions ot iiG tiandiield hood 1 l . BN' . . ilhll. i! on. -.r- C ' f' _ oliu llL oiernnieiit hull "o oeivasion . d t t "It "lilac-l ll but more can tl ~. to act upon th it llill. and it 'tevolved upon the i evidcuce than that. could they have to 'Jh'h'ii"lt'ft , _ limit-ill Government to be the llrst to Mint the I the people ot' this 00'1"er dom ied ' ta ' ncw l.axy into use. The ("in was one in "mic" Would it not hive been 'tlli"l,1','l'd'i filth"??? T i' "ganlillni was "rule against a costnty.iudate, and that the lloiiiinioii tiaie,Giiiilflil would have tangle: T a ti. auelirl'lit'Y a report was made my"... such more cure in considering its tlisall t . 1 reasons as convinced the Government that he have asked ifany petitions had liccn'limyfot lmd _ T ", ouzht to be reunited. The Local Govttriunent the "yysttturaittist it.. When it was Clit,", or dl 5:333:10? all" Ut't "hon lthat lreport. but the Ito, in" Rl would WW" tttrough the House and blowout: ' . . n crnnicnl \llli the aw was uncons . - aw t to cry come from . t , . . I tiorral, and thvy would not allow /l' ' .tlln "The. Act w l '., lion. gentlemen opposite. ' , '" . . em to put itin " lll "sdisallowisd when it goo; t U _ l t . "5-8.3 "'9'. "(We milling to allow tt to tttVid when town. and that threat was doubtless ins fihlh, t. t a illetltih Got eriinielit was in 1tolver, but the vcry gentleman who knew his Poli'; oil I l. .r a moment a Uorcrnnicut null-loudly to ilie powers We. There was a bill tinsel-db 7 infamy?" at Otta- ult Ottawa undertook to make the of the pt'ovisuons years ago at tho instance of: this ve 0'"?! some 0 that law, then lor the ill-.2: limelt wats found iaren. (llear hear.) My McLtwo .n' l r. Me, l l that the law was uueoustitutioual. _ timber GCG' in the "i2,i 1fJ"llf'.Ct1,eeitale , ' 'k/y/ree',",.',',',",",',,",.-:!,',?,',',-,', the hon. minnow", not 1t,i a right to all lho'timbcr cp/ft"",',,,)? - I. . . . ; V n '. ' . . . . . in in lo ripen, of the Minisstvrw Justice a OWODOLS which wereincluded m tho surveys ' u _ " I r_. o ' _ ' I ,1: _". "a; l . I " _

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