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[Ditches and Watercourses Act Impeding Railway Lands], 6th Parliament 2nd Session, p. 1

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ONTARIO LEGCISLATURE, (By Our Own Reporter.) February 9, 1888. The Speaker took the chair at three o'clock. EAST NORTHUMBERLAND. Mr. SPEAKER read the return of the recent election in East Northumberland, declaring Mr. Richard Clarke elected. HIRE RECEIPTS. Mr. LEYS presented a bill respecting hire receipts, which was read the first time. PROTECTION OF BIRDS. Mr, LEYS presented a bill for the better protection of insectivorous and other birds, which was read the first time. MUNICIPAL ACT. Mr. WATERS presented a bill to amend the Municipal Act, which was read the first time. Sixth Parliament, Second Session. DITCHES AND WATERCOURSES. Mr, WATERS, moving the bill to amend the Ditches and Watercourses Act, explained that the measure was intended to make ap-- plicable to railway lands and the road-- bed of railways the provisions of the] Ditches aud Watercourses Act. At pre-- sent there was machinery for putting pub-- ' lic drains through these _ lands, but not those drains corstructed under the Ditches and Watercourses Act. 'The interests of the farmers were most important, and there was nothing more necessary to the farm than good under drainage and surface drainage. But, with railways running through every part of the Province, the lands could not be properly drained unless the meaus were given of making drains through their iands and under their tracks. _ The measure he proposed, he contended, was on the whole just, though he desired _ a _ tull discussion and the amendment of such features as might be found undesirable. _ In the States of the neighboring Union there were provisions is the charters of the railway companies themselves preventing them ijrom interfering by their works with the drainage of contiguous lands. In Michigan the Dramage Commission had power to order railway companies to make any improvements for drainage that might be decided upon as necessary. In this (Mr. Waters') biil he did not follow any of the American laws,Pbut sought to adapt them to existing circumstances, Under this bill, when drainage works were ordered on railway lands or under the bed of a railway, the com-- guny had the right to appeal to arbitration. NVhen . the . work was to proceed the railway company was notifiotf and -- had the choico --of _ three ways of doing the work, either to have it done by their own employees, the amount actually expended in labor to be recouped to them,or to allow it to be done by the parties in-- terested under the supervision of their own engineers. . This would overcome the difficulty urged 'ast year that there might be injury to the roadbed in making these drains. Another provision of the bill was that where culverts had to be enlarged or reopened the work must be done at the cost of the railway company. Provision was made for compelling the ob-- servauce of the conditions imposed in case the railway company should refuse to act. The importance of, this measure could hardly be exagzorated in view of the effect which draimage had upon the productiveness of the _ land. 1f Ontario _ was _ to maintain _ her proud position _ as _ an exporting Province, anything which would interfere with the proper drainage of the land should be avoided. It might not be generally known that, as an exporting country, the Dominion rauked ahead of the United States, in proportion to population. (Cheers.) Ac-- cording to the latest reports, the exports of the Dominion amounted to $19 per head, while the exports of the Unuited States were only $13 per head. (Cheers.) It might bo said thut the Province had not the necessary authority. over theso roads. But let the Legislature assume that it had thit power and act upon it. Certainly it bad the power to tax them. And if the measure were disallowed it was _ one that would be worth contending _ for, Let them appeal against the veto if it were vetoed. The farmers of this Province would not be contont to reinain much longer in the position of being prevented by these railways from draining contiguous lands, (Hear, hear i Mr. MEREDITH said this was a matter deserving the serious attention of the House. He doubted the desirability of sending the bill to the Municipal Committee, and suggested that it should be sent to a special cominittee, which would consider the whole qnestion. As there did not seem much to do this session, the committee might go to work and seek to get into shape this piece of practical legis-- lation. _ It was true that there were objections raised by the railway companios, but these should not stand in the way of an important reform desired by the agricultural community. 'There seomed to be a great de-- sire this session to promote the interest of the farmers,. (Laughter.) He hoped they would hear fromsomeothergentleman on thisline. The mover of this bill had acquitted himself most satisfactorily aud was entitled to a prelty promineut place in the race which it was un derstoud was being run. (I._.aughu-r.») # Hon. Mr. HARDY said this was an im-- portant matter and one to which the hon. member had given much attention. There were difficulties in the way of carry-- ing _ out _ the _ measure. It -- might be that railway companies and railway en-- gineers had taken an exaggerated view of these difficulties However, they not only inted out that there would be great expense, E'l:t contended that there was danger of causing such injuries to the roads as would lead to serious disasters. The Commissioner of Crown Lands, who was chairman of the Railway Committee, was influenced in his views by these representations, But the mover of the bill had given great attention to the subject and pointed out how these questions were met in various States of the bnion. He (Ar. Hardy) thought it would be well to have the bill go to the Municipal Committee, where railway engineers and others interested might be heard and any suggestions made for amend-- ments in the bill. and cheers.) Mr. WATERS expressed a preference to have the bill sent to the Municipal Comumnittee, by whom, if deemed desirable, it could be sent to a sub--committee. The bill was read the second time and re-- ferred to the Municipal Committee, SALE OF DOMINION BONDS. Mr. CREIGHTON asked whether the $500,-- 000 of Dominion bouds belongi:'g to the Pro-- vince were disposed of pursuant to the adver-- tisement calling for tenders, and, if so, at what rate, if not sold, the highest bid offered for them. Hon. A. M. ROSS replied that he had hoped to have the public accounts on the table this week, but, owing to delays in printing, could not promise them before Monday, when he expects to bring them down. _ It was not cus-- tomary to call the Public Azscounts Committee together until after the public accounts were down, but if it was desired to have a mceting before that, he would be glad to call the com-- mittee together. Hon. A. M. ROSS replied that the bonds hud been sold to the highest bictder at 106§ ac-- cording to the Canadian and American system of quotations, or 107 710 according to the British system, the diflerence being that in one case the accrued interest was taken into accoun$ and in the other it was not. NIAGARA FALLS PARK. Mr. HARCOURT moved the resolution of which he had given notice for a return show. ing the expenditures in the expropriation of land for Niagara Falls Park and other informa-- tion relating to the park, which was carried. PUBLIC ACCOUNTsS. Mr, MEREDITH asked when the Public Accounts would be laid on the table and when the Public Accounts Committee would be called together, _ The first meeting of the Private Bills Com-- mittee of the Legislature was held yesterday, the chairman, Mr. Gibson (Hamilton), presid-- ing. There was an interesting discussion upoun three bills relating to the debts of as many places. The bill relating to the debt of Al. monte was allowed to stand over becuuse it had a provision for the issue of securi-- ties running forty years, and this was deemed too long a time. 1t will probably be n:xvl_ended. The bills relating to Brussels and Wingham were passed with minor amend-- ments, The committee decided to secure general legislation in the House intended to check the tendency to extravagant imnunicipal borrowing. The bill relating to TrinityMedical School was passed, changing the name to Trinity Medi-- cal College, giving power to hold $125,000 worth of property, and to invest in mortgages, A clause was added to the bill, after a livel y discussion, allowing the school to give certifi-- PRIVATE BILLS COMMITTEE. The House adjourned at 4 o'clock. |__Mr. Ross (Middlesex)--To amend the Aof | respecting the income and property of the University of Toronto, University College ayq Upper Canada College. cates to those who had passed its examina. tions other than those educated in the schooi, This was carried on a vote of 19 to 10, severa} of those voting "yea'" declaring that they diq so on the understanding that the clause shoulq be submitted for the consideration of the Mip. ister of Education and secure his approval, "Mr. Phelps--Bill to amend the Act for the protection of game and other fur bearing animals. Mr. O'Connor--Bill to amend the Actre. specting the gua'f_q'ianmshig of ininors. Mhr. Hardy --Bill afecting industrial farm; sndlhou:el of refuge. Mr. Clancy--Bill to amend the Munici Act. Mersd n' Mr. Meredith--Return showing the am paid each judge or other ofiiger who:;'e':: have been commuted in lieu of fees, his fees since they were commuteit, and showing also the fees received by the Province which, bu; for such commutation, would have bee'n re-- ceived by such judge or other officer, such re. turn to show the respective amounts in eac) year separated. Mr. Meredith--For the appointment of 4 select comumittee to inquire into the extent and nature of the timber and mineral resources of the Province, and the best means within the control of its Legislature for the conservation of the former and the development of the lat. ter, with power to send for persons, papers and documents, said committee to be composed of the following members, viz.:--Messrs Fraser, Conmee, Murray, Bronson, Clarke (Wellington), Freeman, French, Wood (Hasy. ings), Clarke, H. E., Clancy, Armstrong, Mar ter and the mover. Mr. Tooley--Return of the evidence taken by Mr. Mimelius Irving with reference to the Ontario Grain and Seed Company, and of the report, if any, made by him with regard to the said company, its formation or operations, It was a fairly busy day, Therewas ameet-- ing of the Private Bills Committee in the morning. Then the House sat for an hour, Aftorward the Ministers were engaged until nearly six o'clock with deputations interested in toll roads or iron roads. It is not always safe to assume that the Assembly is not working simply because it is not talking. es jfagn 3 9e It is about as likely to be the fact that the Assemmbly is not working just because it is talking. _ it ns ~ But it is because of the Premier's indisposi. tion that more Government business has not been undertaken this week and that the de bate on the resolutions of the Iuter--Provincial Conference has been delayed. In the mean-- time, until he recovers voice, it is thought the Treasurer will have his aunual innings and Mr. Creighton his usual hunt for the wrg}nt. Next week the members as well as the Min-- isters are likely to have as much work and as much chance to talk as is good for either the Assembly or the country. From Mx. Parogs: :--Word has heen had from the Commissioner of Crown Land: Re has reached Florida and is said to be feeling better than when he left his home at Sarnia. The Government are encouraged to hope that toward the end of April at the latest he will be so fully restored to health as to be sble to re--assume the control of his departmest Sanes or Laxp ror Taxes :--Mr. O'Connor, of South Bruce, has a bill to enable villages and townships to hold sales of land for arrears of taxes. When the sales are held at the county sat it ofto.n'hnppouu that lands in the outly ing muni¢t palities are sold for a few dollars, perhaps 9t more than one--fourth of the amount 0' the bt.sck taxes, while if the salo were held in t!" vnllage or township in which the lands are 8!¢ uated there would be on hand local buyers who would know the real value of the property of-- fered and thus better prices would be secured. At present this right is contined to citi¢s, towns and counties. The supportars of Mr. O'Connor's prqbo::i contend that the system,is much more mm interests of land speculators than 0 municipalities. . ~a NoTICES OF MOTION, assek#BLY nNoTES.

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