The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 29 Jan 1885, p. 2

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in asking, and even demanding, at the Banuo CUONAONWUA!! "" S batives 0 the Dominion Parvliament, & ratification of the the representatives of the award. Jt is true that after two of theso remon-- having the int.oulu.of the ward. 389 U U CC the leader of the Opposis best ncqua'tmd wm: :'t.a T $ & sal lauah h 1000 ROORT NP T MRA ND has been disallowed, 1 don't thinls minion C{overnment wili disallow th It is a bill that received very thor tion in this Honse, and yei tha party has declared it to be of a ver character. Their organs hae said | most iniquiteus Mmeasuro : @measn ARW ACC s Rent e NOR C C "'The tribunal to which the matteriwas're{orred was a bad tribunal, because it was not & tribunal of experts in the construction of statules, No one has a greater respect for the general and political ability of Sir Francis Hincks thun myself; no one has a higher respect for the hich standing and di-- plomatic weight of Sir iAdward 'Thornton ; m'u. & B2E ICct ie AuatAn "HMany of us think that the conclusion at (tomakea mark) to asson!t 10 & P which _ the Arbitrators _ arrived was _ not hood." justified by the evidence. _ I am bound W@asehood is very choice language. wl NC nave her rights, and trom the time he took oftice Mr. Mowat has been persistent in his of. florta to protect and to vet the rights of the Pro-- vince. (Applause.) 'There is anothor question which has engaged the attention ol tho peop'e of this Province, and which is mentionau . *," Rpeech, lri{l;t:l:;til':g?l.lel". pressed that *_Anybody reading the case wiall see that it was most wretchedly managed on the part of the Do-- minion. An inferior man, thousgh a respectable man in his way, Mr, MacMahou, was chosen to con-- duet the whole case, instead of employing the first legal ability in the country, instead of the Minis-- ter of Justice himselt conducting the case before the arbitrators. 'The wholo case was thro wn 2 way----iti0ooks as if it had been deliberately thro wn .w"'n ltis a remarkable fact that the vory counsel he empioyed to conduct the case was this samse Mr, McMahon, (Heir, hear.) Now, sir, 1 have not quoted these opinions purposely to annoy our political opponents or harass their feelings, but simply to show to this Legislature and the people of Ontario that he was not always favourable to doing justice to this Province. (Appiause.) 1 contend that if the Iiberal CGovernment of this Province -- never has _ any -- other honour accorded to it thin the bonour arising from this one _ act _ of theirs, _ they will be enderred to the hearts of the people of this Province. * (Hear, hear.) _ The Government ofi the Hon. Mr. Mowat has been anxions ail alome nuet InumwTaiambes c6% . dncR from this ons -- sot _ o will be endeared to the heai this Province. * (Hear, hear.} ofi the Hon. Mr. Mowat has nlong and bas peraistently ue l!muld' hnve.her rights, and tro But, Mr. Speaiser, we fiad that when tho ques-- tion was submilied there was a-- tribunal whose decision will carry with is weight an i re-- spect, and wiwch has deci led that, notwithstan !-- ing the express dec arations of t:e eminent con-- sti ntional lawyer, the boundary found by the arbitrators was a good voundary, and could be supported in a Court ; and, morsover, that the hghost Court of the realm could support it (Applause.) He goes on further :-- in express the opinion which I _ entertain, aud enteriain very strongly, though I co so with diffidence, as every lawyer woulid who felt him-- self obliged to differfrom the opinion of so emi-- nent an anthority as Chiel J ustrce Marrison." Sir John Macdonald says :-- *'The effoct of settling the boundary between these Provinces (by the Manitoba Exionsion Hill) will compel the present Government of Ontariu to be reasonable and not to insist upon a boundary which cannot be supported in any Court or tri-- bunal of the world. 'They will come to terins quieckty enough when they find that they must do so. To use an expression which is common in Scothand, it is "laod hungry" they are for that country, and they are resolved to get it rightiy or wrongly." "*'They (the arbitrators) were appointed to settle the true boundary, but were not asked to fix a convenient boundary. 'There was nothing there 10 appesal from,. A convenient honudary could only be settles by the joint action ol the two Legisiatures, and the Pominion Parliament, or Governmen, did not chovose to carry out the award made," He goos on further and says:-- THE Rt¥EZRS _hff, per't;'at.;;il;' .;\-;ge':;"r' I O: A TRIBUXAL FORMED, «__ 1 gon't think that the Dao-- t wili disallow that biil again, ceived very thorough ventilas , and yet tha Consorvative it to be of a very undesirable rgans hase said that it was a AND STRRAXMs BrLr i A&measure not in the is imentioned in the e are no regrets ex. nat Untaro "And agree in round terms to the siatement that that had always been the law which the highest court in the Dominion has deciared never to bave been the law. _ Indeed, it would lave piaced him in the undesitabie position of aldtng and abeitin« in what the Supreme Court unanimously deciured to be an injnstice it was impoesible to conceive of the Logisiature contemplating." " They (Mr. Meredith and his party) recognize, | and it is their sober convietion, corroborated by l law and precedent, that a Provincial measure in moral in its n@luce, nntruthintia its awegations, t:scredilable to the Canadimn name, ind disass brois to ch# repusamign of Qatathios oushi cizhily ts disullowed a: Otawa as contrary io pubiic palicy and the putlic interests." WVo charge Mr. Mowat and his friends with mh!uu' Mivr. Mclarea, a Conservulive, to benefit Ms. Calidwoll, a urit," " The righteouns cause congist« of robbing Mr. Melaren to reward Mr. Caldwell." " lt is well known that tha third edition of the | dopmed 1}. & 8. Bill contains the same brand of I think it is wel! evidonced from this to the people of Ontario that the leader of the On:-- tario Government has at least a snow-- ledse _ of constitutional _ law, _ and when he expresses an opimon it will be received with respect ; that never more will it be asserted that the createst of Canadian constitutional lawyors has a seat at Octawa, but that it will rather be found that he is in the Logislature of the Pro-- vince of Ontario, (Applause.) And that the leader of the Opposition here----who, by the way, is a constitutional lawyer too--is not more worthy of trust than the leader of the Ottawa (Govern-- ment. He had nothing but abuse for the mea-- sure and spoke of it in terms porhaps as strong as he could find in the English language, and it he bad known any terms stronger in any other language he would donbtlassa 100. "'" Y othe "That the Uovernment Hounse shonld make a dec He said ;-- oWinleias 22. _..2_"A0Cf *CC CV o OC cAC IAARG, AHQG that violates every principle thut underiies the Kovernment of overy country. They ithe Mowat Governimnent) declared that the law of Upper Can-- ada was what it was not." "It is an act of downright robbery and spe iation. But that is not all. 'FThe Streams Bill bears n the fuce of it a palpable lie. It states that to have been the law which foum chiet justices and ten 'ustices, in decisions rang.aws over twonty years, }\u\'qposili\'ely declared never to have been the a w. "The cherished purpose of the Hardys and Par-- dees to rob Mr. McLaren in order to envrich Mr. Calawell," "So infamous a messure as the streams Bill has been properly disslowed." * Unjust legislation." And Mr. Dalton McCarthy speaks usmn this «uestion, HMeis, you lcuaow, a leaaing light of tlup Conservative party, and be says the Strenams Sill is ta'schood un its fore {rout as those which preced-- ed it. This lies in the declarztion not morely that all streains, whether naturalily iloatable or not, slhhall hereafter be public streams in iaw, but that such has always been the law. So palpable an un-- truth could hardly be allowed to pass withont re-- buke, -- Accordingly Mr. Meredith placed on re-- cord, «C. =. 0. 0. _ 1t remaing for the etectors to pass sentence on the culprits. Wel!l, the electers have passed sentence upon the culprits, and they still occupy the Treasury benches, and the election which took place a day or two ago is another indication that they stiil have confidenco in the Mowat AAdministration. (Applause ) On February 21st, 1888, the -- Mail" said I-- An Act that violates the laws of the land, and l@latos eYePry nrinoinin thar asAdaailt C CC C RCIEY 1AG -- @At 1@A8UC &A Ln©w-- constiftutional _ law, -- and -- when es an opimon it will be received with 1at never more will it be asserted that t of Canadian constitutional lawyors at ()cl:swa. but that it will rather ha O PPViing Dut abuse for the mea-- o of it in terms parhaps as strong d in the English language, and it n any terms atronger in any other would doubtless have used them. ent proposed that the declaration that not only to secure this chance to a palpable false-- did the right of individuais to use the inprove-- ments exist, but that they always did exist,. ° _" Ile would challenge the Government to produce evidence of a single instance of a Jegislature in the British Empire, any of the colonies, or any of the iates of tho Union proposing to enact such munstrons views as were contained in the bill now berore the MHouse." On January 16th, 1881, the leader of the Op-- position declared that : " 'The Government at Oitawa in disallowing the Act acted wiseiy and justly." These were the opinions expressed by the leading lights of the Conservative party, and 1 am certain that the people of this Province, with respect to this legislation, have great reason to congratulate themselves that this vexed question is settled, _ and settled in _ a . manner upholding the rights of Ontario. (Applause ) The sixth paragraph refers to a qusstion, 1 think, that appeals not only to the people of this Trovince, but bhas a moral phase, the qusstion as to who has the right to of hote!s and saloons in this Province, I may here say that 1 beliove the leader of the Opposi-- tion in this House has always maintained that the Government of this Provinca had the consti-- tnu'tional right to deal with this matter, He deserves the credit of having expressed strong convictions in that direction, but had his leader --a leader, perhaps, who has more influence over him than any other leader ever had over his -- subordinates--demanded that he should change his views, he wouid no doubt have done so as he cid before on one octasion alter he had honestly and solemnily deciared that he must stand by the Government of this Prov-- ince in securing their just rights under the Boun« dary Award. 'This is a question that has created conlusion ; it is a question thatwas wholly un-- necessary to ruise. From the time of Confedera-- tionit has been understood that the Provincial authorities had the exciusive control of the grant-- ing of licenses, and it was clear that Rir John Macdonald determined upon the course he took, not so rauch to punish the Province of Ontario as this House, and the Premier of this Cilovernment. (Once again the leader of this Legiziature entered the conflict, and once again has he been success{al in his contention. (Cheers.) Now, Sir, it is a question who is going to repay the licensed viectuallers, who hare been paying their $15 into the hands of the llominion Com-- missioners for licenses. It is true there are two sets of mspectors, that they have been liberaliy paid from $450 to $500 and upwards to carry out an illegal act, contrary to the express opinion that thoy should only have a nominal amount of remunerat on, The Commissioners of Ham-- ilton paid -- thewmselves _ 8150, while -- ander the Crooks Act 825 or $30 a year is all the Pro-- vinetal Commussioners are allowed. which is | enough to pay expenses. Now, let us see what Sir Jolhn -- Macdonald's opinion was upon this | lieanse question, Ts is taken from the ** Mail " ' of 1882 :-- " But. gentlemen, I tell you as a lawyer, as a constitutroval lawyer--and it is with some pride that I say 1 have never laid dowu yet, since 1867, « constitutional question which on reference to the highest contrs of the realin has not beeu sustain-- ed. and that 1 have not in one case expressed a constitutionai opinion, but that the highest courts in this country and England have sustained imny opinion. Tueso views, sir, were expressed before his opinions conflicted with the opinions of the liberal Government of Outario. At Yorkvilie, the following question waes handed to 8t John:-- *" What is your opinion of the constitutionality of the OUntario License Act ?° Sir John saii that sinces Confederution his decision had eiten been given, as Minaster of Justice, on consttu-- tional qusetions, and in no single case had his judlgment beenreversed. lle belseved that the (Crooks) Act was not worth tihe paper it was written on .. . Whenever the Lcensed YVic-- tuallers brought the matter before the Courts it would be decided that the Acs was a usurpa-- tior, and had no force whatever, and he was sur-- prised the question had_ not been pressed long before this, If he (Sir Johun) carried the country, as he would do. he would tell Mr Mowat. that Loense Act. He told Mr. Mowat that he would take the licensing power out of his hands Mr, Mowat said he had_ not the constitutional right to do so, and Mr. Mowat has proven hims as he would do, he would teil Mr. Mowat, that little tyrant, --. . . thathe would get a bill passed at Otlawa, returning to the municipai-- ities the power taken away from them by the self to hbe right again in that p;i-tri_c'.il;r-.v V('C'neers. ) Sir John Macdonald said :-- "I never had any doubt that, when the question was brought before the Courts, it would be decided that the different Provincial Lezisiatures had no right Whatever to deal with that ~ubject dicenses), (the liquor traffic), exceept for revenuo purposes, for the purpese of imposing taxation sor Pro-- vincial or municipal purposos, 1 exprosseithe opizion _ in Parliament years ago, and last yoar 1 expressed it at a public meeting in Taronto or vicinity,--8ir Jotn Maecdonald in the ilouse of Commous, Feb. 12th, 1883." It is quite clear to every lawyaer, and any man who is not a lawyer, who reads the juagment in the Privy Council in the case of Russell v. the Queen, will see that the very reasons on which the Privy Oounoul decided that this Parltament had the right to deal with the scott Actare the reasons sho wing that the Legislature of Ontsario had not the right to,deal with that; subject under theCrooks THE LICENSING use the inmprove--

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