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| thein, suail be suD} | rity of the Parliame you to consider to removes from the co lature _ roads _ whi ed under its aut @OCWHESMATEEE 26E Euoo PEECPOORE : C207 E000000000 O mmwncleGrutg inteliectual, avtractive, and remunerative. It was my agreeabie duty last year to con-- gratulate your predecessors upol the work done by the Provinciai Board of Healith. The report oi this body shows that time and {further experi~ encs have produced increased efficiency,. . As weli--directed efforts to improve the sanitary con-- dition of the people's bomes promote longevity and incréesse the sum of general bhappiness, 1 commend to your thoughttul consideration the subject of rendering the sorvices of the Board stili more effective and valuable, It is with especial satistaction that I congratu-- late you on the early and successiul appucstion ut the Free Libraries Act. Foilowing the ex-- ample promptly set by the Provincial capital, other municipalit:es have availed themselves of the pro-- visions of the Act, and taken steps to tax them-- selves for the establishment of free public libra-- ries. I hopo that this is but the beginning of a beneficent movement which will have far--reach-- agrieualtural examinations aro also likely to prove of much service. -- I have much pleasure in anticr-- pating that the means adopted for the diffusion ofi agricuitural knowledge will in a constantly in-- creasing degree make the {f.rmer's calling more OWE CC O buuntive. zn( IORUACIAtYG agricaltural examin: of much service. 1 pating that the meal You will be pleased to know that by a recont decision ofi the Judicial Cormittee of Her M«-- jesty's Privy Council the right of l'rthVil)ci;sl Legisiatures to regulate the traftic in intoxtcat-- ing drinks is placed beyond controversy, The judgments im this case and the msurance case, and the decision that lands escheated to the C:rown for waut of heirs are the property of the Province, taken in ceunection with the ob-- servattions _ made by the learned judges in disposing of these cases, have had a reassuring effect on the public mind, by show-- ing that the federal principle emboded in the British North Amerea Act, and the automnomy it was intended to secure for the individual Pro-- vinces, are like.y to be safe in the hands of the Court of final resort in constitutional questions, At the last session of the Federal Parliament an Act was passed declaring that the main lines oi rail ways in the Province, and all railways uow or hercatser connecting with thein or crossing them, 'shali be subjects to the legislative autho-- rity of the Parliament of Canads. It wiill be for you to consider to what extent this enactment removes from the control of the Provincial Legis-- lature roads which have been -- censtruct-- mie receines and oxpenditures of t and tho ostimated expenditure fo year, will be prowmptly laid befo estimates have boeen prepared wi keeping the expenditure as low consistently with a regard for t Gulll'e. tere session of a n Legisiatures tC ing driaks is p judgments in | and the decis Ccown for wai tic tile t 41 it pu t Among too other measures to be submitted your consideration will be a bill to rencer t services of the Board of Heaith more effecti and valuable; a vili to fartherimprove the lig license laws :; a bill consolidating and improvi the laws for the destruction o# noxious wee and. fer the arrest (of discase: affe ing fruit trees; a biill to authorizs secor locations by settiers who have obtained ir grants and have parted with them ; a bill to pre vyide voters' lists for the unorganized parts of ti Provincso > umt m NE fow thice frrstline n s and valuame; a bili to furtherimprove the liquor license laws:; a bill consolidating and imaproving the laws for the destraction o# noxieus weeds, and for the arrest of diseases affect-- ing fruit trees; a biil to authorizs second locations by settiers who have obtained free grants and have parted with them ; a bill to pro-- vyide voters' lists for the unorganized parts of the Province ; and & bill for the further improve-- ment of the Election Law, and for the preven-- tion and punishment of corrupt practices at elections, In this connection I mvite your attention to the expediency of further extending the already liberal franchise which prevails in this Province, The subject of protecting the public interest in streams used for the purpose of floating timoer will uo doubt again receive your earnest atten-- k¥me 1 nd I c 6 ) xz effects. You will be p! cision of the . n irust that the legislative connecied with the Administration of Jus-- the Province. reports of the Inspectors of Asylums show irther accommodation is needed for idiots, ommend the subject to yourlhumane atten-- reports service A mong id t ts of the various departments of the ce for the past year will be laid before ng these are, for the first time, re-- rimportant subject of forest preserva-- e report of the Inspector annnintad ne w I take place at a fixed date in the The agreement includos interim s in regard to all matters of Provin-- ion,. A bili will be sabmisted to urpose of giving full effect to those agreement which require legislative on Thal t of heirs u in C ade by of -- the: arliament uthority and subsidized out vincial Treasury : and hether the British North Amer-- ded to enable the Federai Par-- ers in this manner with the abie duty last year to con-- lecessors upoun the work done Board of Healith. The report that time and further experi~ ed increased efficiency,. . As ; to improve the sanitary con-- le's bomes promote longevity sum of genoral bappiness, I thoughttul consideration the ag the sorvices of the Board and valuable. it in imy power to tions between my nitobs, that a case ference of the «d provinctal boundar of Her Majesty . question to be of the ATL a lsbours of this first may be characterized nQ Province, showing of the past year, e for the current before you. The i with a view to conditic man vincs the Joundary to Majesty's P t« _ as possible, the public in-- M rbits Yandity »mitted for th spute I state, as Govern-- 8 eciu« the 1vO q)f in the n Mr. MEREDITH--LI have not got an answor to my question, by what hand the returns cames to the Clerk of the House. Mr, MEREDITH --It seems to me that there should be some official record as to how these records came here. Mr. HARDY--They came from the judges. Mr. MEREDITH--I understand the law to be that when the jadgment is pronounced thereport of the judges is delayed in the event of an appeal being entered until the appeal has been decided. Mr. HARDY --That is the Dominion iaw. Mr. MEREDITH--It certainiy is so in the Deminion Act, and I understand it is the same in the Provineial. __ _ Mr. HARDY--According to the usual way, 1 apprehend. The judges sent the certificates in, and the mere fact of an appeal being entered does not affect the sending of returns to this House. 'The certificates come in due course on a party being unseated, Mr. MEREDITH--Take the Muskoka case. Mr. MARDY--LI apprehend there will be found a return in the C:erk's hands. Mr. MEREDITH--Oh no. Mr., HARDY--Because it is an appeal. The cases are entirely different. Mr. HARDY--There certainly can be nothing in the contention. As I understand there can be no question about the judges« havingsent them. e ag o ie e tte s e sc oud like to ask by what hand they were received by -- the Clerk ? The SPEAKER--They were received: on the 20th of December, by mail. Mr, MEREDITH--Was there no letter * | The SPEAKER----It came just in the ordinary | way. | Mr. MEREDITH--It would seem to me that | there ought to be some letter accompanying these | reports, to show how they are sent. Whether] they come from the rote jadzes or the Registrar of the Court otf Appeal does not apne4t, and it seoms to me that there ought to be: »me kind of report accompanying them. _ As ~ understand the matter th: rote judges delivered a written judgment, and as I understand the matter the judges disagreed and an appeal was entered. These judgments were not intended to be sent vntil the appeal had been disposed of. I don's know how the report could have been sent until the appeal had been disposed of. Mr. HARDY--No ; in the Provincial law the Act states that whether a member is unseated or not the judges' certificate shall issue. Section 55 of the Controverted Kiections Act reads :-- A QUESTION OF ORDER. Mr. MEREDITH--I want to asi where these reports of the judges came from to the Clerk? The SPEAKER--They came according to the usual practice. Mr. MEREDITH--By what haird did the report of the judge in the case of South Renfrew reach the Clerk of the House? I am informed that at the time the report of the judge was re-- ceived by the Clerk there was an appeal pending beiore the Court of Appeal, It seems to me, if this is so, there was no authority for the issue of the writ or the holding of any election. I would _ Mr, MOWAT--I don't think that any appeal was pending. There was no notico of appeal given, and no other proceedings taken to that end. There was, indeed, a deposit of money made as a preliminary, but that was withdrawn. Notice wasat one timegiven by Dr. Dowling of an intention to appexl, but that was withdrawn, and that cannot be taken advantage of by the other side. _ Dr. Dowling chose to appeal and to with-- draw the appeal, _ _ _ Mr. MEREDITH--The Attorney--General has not answered my question as to how the return caine into the hands of the clerk. * Y ork, Cornwall, Kingston, South Victoria, West Simcoe, Prescott, Halton, West Northumber-- land, Muskoka and Parry Sound, Leeds and (Grenviile, Lennox, West York, Wut Eigin, East Elgin, East Northumberiand, North Grey, Cardweii, West Middlesex, South Renfrew ; also that new writs had been issued for West Simeoe, Carleton, West Middlesex, and South Renfrew, and that elections had been held for those places. «* At the conclusion of the trial the judge or judges who tried the petition shall determine whe ther the member whose election or return is VARIOUS REPORTS. The SPEAKER informed the House that the Clerk of the House had received from the judges certificates and reports relating to the elections it;r South Wentworth, West Lambton, East and intelligence as those of any previous Par-- liament, The Lieut.--Governor then retired. The usual salute was fired bé the Toronto Field Battery unrder command of Capt. J. Mead, and the guard of honour was a detachinent of the Royal Grenadiers, COapt. P. Ball in command, The body--guard was a detachment of the Gover-- nor--General's Body Guard in command of Major Denison. The SPEAKER took the chair. uc o0 Oe ve Neb uns C S g CE HyECTT Mr, MEREDITH--Perhaps the Attorney« (General can give us some information. It seems strangs to me that the matter should come in this shape. I understand that there is an appeal pending by the netitioner. Mr, MOWAT--The hon. gentlieman is under a. mistake. What they differed about was on the question of disqualification ; that the election was void .:\r}(.l the seat vacant they both azreed. P!Jl"'hfigh_a degree of prudence, moderation, !" '"Any party to an election petition under this Act who is dissatisfied with the decision of the Judge or judges on any question of law or of fact, and desires to appeal against the same, may, with-- in cight days from the day on which the decision was given, deposit with the Registrar the suin of one hundred dollars by way of security for costs; and thereupon the ltegistrar shall set the matter of the said petition down for hearing before the said Court at ancarly day to be appointed by the said Court or a Judge thereof." s And then when the matter is in appeal section 7O provides :-- *"The Registrar of the Court shall thereupon certify to the Speiker, or, if thore be no Speaker, to the Clerk of the Mouse, the judsment and de-- cisions of the Court upon the several questions and matters of fact, £s weil as of law, upou which the judye or jadses whose decision is appeaied Against might otherwise Rave determined or certi-- tied in the same mannor as the judge or iudgaes whose decision is appealed azainst would other-- wise have done ; and the said judaement or deci-- sion shall be final to all intents und purposes." It is manifest trom a moment's consideration that the view taken by the Provincial Secretary is errongous. Suppose a member is unseated by the report of the rote judges, that report comes to the Clerk of the l*gnmw, and the Cierk is bound to issue the proper process tor the elec-- tion. _ According to the contention of the Pro-- vincial Secretary, although a member who is unseated _ had _ presented his appea!, the election would _ come -- on and be held. It might come out that the ulti-- mate court would reverse the first aecision, so it will be porfectly manifest then that until the Court of Appsal had given its decision there is no power in the Clerk of the House to issue any process for the holding ot a new election. It seems to me that all the proceedings with regard to South Renfrow are void and the hon. gentle: man has no right to a seat in the House. Mr. MORRIS--This is a poifit of considerable importance, as it affects the position of the mem-- bers of this House. I baieve it will be the duty of the Government as eustodians of the rights of the members to dea' with this question on its merits,. I believe Me proper course will be to refer this question to the Committee on Priv e-- leges and Electiots when it is struck. I don't see bow the member fr South Renfrew can occupy his seat as thero ie two appeals--one at his own instance, an t the other on behalf of his opponents. Neither do I se how a writ can be issued for a new eilection vhile petitions are pending. It would be a mos, extraordnary position to take. Mr, MOWA?--Do I understand the hon. gen-- tleman to say that he had been petitioned against * Mr. MORRIS--I am informed from a credible source that both parties appeaieq. Mr, MOW AT--I never heard of it. Mr. MORRIS--It is a matter worthy of the consideration of the House, and I have been at & loss to understand how a writ was issued, and it is a matter of order and procedure which should be inquired into. complained of, or any and what other person, was duly returned or elected, or whether the election was void, and shall forthwith certify in writing such determination to the Speaker, appending theretoa copy of his or their notes of evidence, and upon such certificate being given, such de-- termination shall be final to all intents anod pur-- poses." It will thus be seen that the report shal! be issued without waiting for the Court of Appeal, and the law provides that he shall neither sit nor vote in case of being unseated. _ Mr. HARDY --It means the judges trying the case, as it states that the person disqualified shall not take his seat, and it is essential that it issue immediately, or in the case of the session com-- mencing he might take his seat. _ Section 19 of the Act relating to the members of the House states :-- * In case any person returned as eiected is, by the certiflcate of the judges appointed to try an election petition in respect of the election, deter-- mined not to have been duly returned or elected, such person shall not thereafter sit or vote in that Lexislative Assembly." Mr. HARDY--It says the j¥Mges appointed to try the case, The Court of : tamate decision may restore him to the seat, 'any as souwn as the first decision is vacated or void:d the person can take his seat. e Mr., MEREDITH--It means the ultimate Court otf Appeai. Mr. MEDERITH--That must be the court of ultimate decision ? Mr. MEREDITH--Section 63 of the Contro-- verted Elections Act provides :-- _ oi ies The SPEAKEIi--It is clear that this discus-- sion is out of order if it is not the intention of the hon. gentleman to move. Mr. MEREDITH--Not now. OATHS OF OFFiCE. Mr. MOWAT introduced a bill which was read the first time for administering vaths of of-- fice to justices of the p:ace, ete. sELECT COMMITTEE. Mr. MOWAT moved that Select Standing Committees be appointed for the following :-- Privileges and elections, railways, misceliane-- ous, private bills, standing orders, public ac-- counts, and printing. Mr. MEREDITH--It seems to me strange that a good deal of what is clearly routine and mere THE SPEECH FROM THE THRONE. Mr. MOWAT moved that the Speech of His Honour the Lseutenant--Government be taken in-- to consideration to--morrow. _ Carried.