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m'i -- 1 EXPERIENCE HAS NOT JUCSTIFTIED this, and the reason is very plain. There has been a great abundance of money and great competition among those who have it to lend. and the companies could not afford to insist upon owners bringing titles under the Act unless the owners chose to do so. In the course of time all that will pass away. The practice under the . Act is just as simple as practice can be without violating the principle that a title must not | be declared good unless it has been declared | to be good, unless it has been ascertained to 'be good. (Applause.) He complained of the way in which the Dominion Legislature, in assuming control of the Provincial railways, is spoken of, and said with great indigna-- tion that it was improper to ie)peak of these things as a robbery of the Province. He admits that it might be petty larceny, 1 am (luit,e Willin;i that it should be called gettv arceny, and not_robbing of a worse ind. (Applause.) He also spoke com-- plainingly of the credit he supposes I have taken for my _ partin _ defending Pro-- vincial Rights against the Dominion govern- ment. I don't recollect that I have taken any credit to myself. My friends bave given me credit, an@ whatever 1 am entitled to I are delighted with it. Mr. MEREDITH--How many cases have come under its {:rovislons? Hon. 0. MOWAT--The number will be stated in the House during the session. I am not sure about the number, but it is not large. It is so, because it takes some time before a new measure of that kind is taken advantage of. | The Australian colonies have not a more simple measure than ours, and it was only imm.A-- ately taken advantage of because its '@ sage was made the subjec, of a geig» election contest. _ One party was opposét@'t® the introduction of the system, and the other part{ supported it. The cousoq'ul.'m'c was that it was made the subject of debate during a campaign, and the geople got to thoroughly understand it, and thoroughly understanding it voted for the party willing to introduco it, and for the same reason hur-- ried to take advantage of it. (Applause) It was mentioned last session that the class of investment societies who were lending money on property would much prefer to lend upon titles which had been brought under the Act. But the am glad to receive. The leader of the Op-- position also contended that his leader at Ottawa is not to be considered as having been a party on the other side as against this Province in the case of the Escheats. It is quite true that the nestion was originally raised by Mr. gdackenzie's Government, but after it was raised by his Minister of Justice, and after a decision had been given by the Courts in Lower Canada, and accepted by Mr. Mac-- kenzie's Government, his friends at Ottawa continued the case. He did not mention this, and it changes the whole course of the argument. _ When the decision of the high-- est Court in Lower Canada was pronounced, then Mr. Blake accepted that. _-- Mr. MEREDITH--That was merel({ an ar-- m';xgde}nent, while the question should be de-- cide land ¢ Hon. 0. MOWAT--No question as to per-- sonalty had arisen. \Vcfil. so the matter rested until, most unfortunately for this country, my hon. friend's leader became Premier of this country,. _ Well, now, we found it necessary in the case of one escheat to bring an action for ejectment, and the question came before the Court of Chan-- cery, _ One Court had fully held that esc{neats did belonfi to the Province, and this case was decided in the same way. Sir John Macdonald had, therefore, before him the {ndgmcut of the Court of Lower Canada, the Court of Chancery, and the agreement ; but he did not choose to acquiesce notwith-- standing all these. (Applause.) Me entered into an agreement with the defendants in that case, that if they would appeal the case he would pay all the expenses. And then he further agreed to ray the whots expenses before the Privy Council, If that is _not taking part on one side I am at a loss,. to know what is. Then in regard to the insurance cases, There has been a great deal of legis-- lation in the Dominion Parliament since the decision, andla';grchend that some of it will be found to be ultra vires of the Domin-- ion Parliament. Unfortunately there is no glrovinion in _ our constitution by whic Dominion _ legislation may _ be questioned except in individual 'cases Hon, 0. MOWAT--Does he mean to ask whether the decision was a matter of ar-- rangement ?t It was a decision hostile to the Dominion contention. It was quite evident to Mr. Blake that the decision was right in law and justice,. Then it was proposed that escheats for want of heirs should belong to the Province and escheats for crime to the Dominion. _ _ Mr, MEREDITH--And only then as to »4 Provincial Legislature. _ He did say t'hag.:md + what we find fault with the leader of the ('pposition for is that holding this opinion he should strengthen the Dominion authori-- ; ties in their attempt to take the jurisdiction 'out of our hands. _ He thought that i 'lhe public interest would be advantaged if . we had the control inour hands. When his | loader at Ottawa did this very bad thing,and | having no legal right took charge of the Liquor License Laws--though it was a very l):u' thing, -- and not in _ accordance Iwith the constitution -- what was the course he took ? He -- was -- helping by his moral influence and his eloquence to strengthen the hands of the man who was taking away the rights of Ontario. What we complain of is that he was always ready to support his leader at Ottawa, who was hostile to us on these questions. Now, re-- ferring to the subject o} these Indian lands. Doés the House understand how serious a 4511xemion this is? The claim is now made | that the whole of the land in the disputed of grievances, . AnQ _/ time may elapse before th settled. I think this is & in our constitution,. The ment can but we cannot do anything in regard to legis-- lation which may be considerc& to infringse upon the rights of this Province until an _ individual _ case -- arise. The -- con-- sequence is that | & long. time _ may elapse before the right of the Dominion Parliament can be questioncd. and when the matter comes before the Courts it might ap-- }I{ear that we had assented to the legislation. he Streams Bill is another act 31} rega'rd" to AnC sPUEPCedhes APRER BM EOMA qICOH 3e lcsew which his Dominion leader's legal knowledge and acumen cannot be said not to have failed. I will grant that the disallowanee of the Streams _ Bill was because _ he chose to put a different construction upon &D Act passed by this Legislature, than one which we put upon it. \&e did not believe his in-- tergreta.tion of that Act was a correcet one, and the majority took the same view. Now, if there is a difference between a legal and _ a constitutional | question, the difference is this, it is -- casier to be right on a legal than on a constitutional question, and if this matter is to be regarded as a legal one then he went wrong where ihere was less reason for his going wrong. Applause.) -- The next portion of his speechn was with regard to TBE QURESTION OF LIQUOR LICEN®SES. E: found fault with tne member F anna» -- faor not stating that the territor:fv north and west of the height of land belonged to the Dominion. What is the use to us of the Bounday Award being sustained if we are not to have the land ? It would just involve us in very great ex-- pense and without anything to meet that expeuse. Iam not going to ME EPRERTCTTCCT ETT TT P hon. _ member_-- for _ London had ex-- pressed the opinion thatthe liquor licens-- ing power was within the jurisdiction of Lhclz treason in us t Ion. &. S. record. DIsCUSS THE LEGAL QUESTION, I have discussed that before the Courts and sneceeded, but I will call the attention of the House to the fact that if these lands are to be taken from us, Ontario is the only Province that loses lands so situated. (Applause:) If there is legal right it isrobbery totake them-- (applause)--and the leader of the ()Igposition ought to heip us in calling upon the Dominion Governiment to refrain from the assumption. The Indian title has never been extinguished in Nova Scotia, New Brunswick, Quebec, or British Columbia, and there has been no claim that the Indians ow n these lands. ro REVIEW OUR LEGISLATION, and -- therefore a long fore the question can be is is a very grave defect . _ The Dominion Govern--