The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 20 Mar 1891, p. 2

The following text may have been generated by Optical Character Recognition, with varying degrees of accuracy. Reader beware!

/A R Ee M e c e n 2 on 0 in 2 C Rvul * Mr. Meredith interposed a remark con-- cerning the issue of the writs in Hamilton and East Bruce, but when asked concerning these he could only say that they had not been issued until after the delay of eight days. Mr. Hardy, however, pointed out that these were not decided by consent and declared his opinion that if the mitter were investigated it would be found that these writs were prepared as soon as the certifi-- cate came into the hands of the clerk. As to the new voters' list in Stratford, he showed what delays there might be in the final preparation of such lists, and -- asked ¥now it -- could _ reasonably be assumed that the Government could have any knowledge of the details of this revision. _ He suggested that perchaps the Conservatives had geen hurryin . up the list 1 the hope of having it ready tor the elec-- Emnsnm SV TCP ETTTT EITV CR IIVJ PCR CR '.l' who had investigated the matter, had not the papers with _ him. But he took what appeared on the surface. The policy was to have bye--elections, as far as possible, on the same day. In the Hamilton and North Bruce cases adjournments of the courts made it desirable to go on with the other four elections. It was claimed there was delay in issuing the writ in East Dur-- ham. \ghy that was he was not sufficient-- ly conversant with the facts to say. w# _ KFcl _ Ar.A gill L Hon. Mr. Hardy rose to reply. He dis-- abled Mr. Meredith's interpretation of the law, and said that gentleman had studiously kept out of sight one fact, with which fact no one was more familiarfthan theflast speaker, seeing he was engag d as counsel in the case, and which materially aifected his argument to--day. That fact was that the deci-- sion voiding this election was made by con-- sent, and consequently there could be no appeal. He read the clause referred to by Mr. Meredith to show that '*in case the decision of the judge or judges voiding the election is appealed from " there shoul be delay. But as there could be no appeal the clause did not affect the case. Mr. Hardy went on to say that he had not got up the case and was not fully acquainted with the'fwu, and the Attorney--General, Mr. Meredith spoke at some length and with 'characteristic vigor. In view of the lacts as he believed them to be, there should be a clear understauding as to the relation of the clerk of the fiouu to the House. 'The gentleman elected in the general elec-- tion in North Perth was unseated. The voters' list in Stratford was being revised, ind as revised they were much more favor-- able to the Conservative party than the old lists. These lists were actually completed and filed with the clerk of the peace on the 15thDecember. He believed there wasadelib-- erate design to hasten the issue of the writ for the bye--election illegally in order to pre-- vent this new list from being used. 'This charge he proceeded to make good by a statement of the facts as he claimed them to be :--The election trial took place on the 8th and 9th December. On the 10th the decision of the judges vacating the seat was communicated to the clerk of the House, On the 123th, just two days before the new lists were ready, the writ for a new election was issued. * He held it to be illegal to issue the writ until after eight days g'om the time of the dis-- position of the case by the judges, parties having eicht days in which to uuDea?.u He The first order under the head of public bills was Mr. Meredith's proposed measure to amend the Ontario Controverted Eleo-- tions Act. Mr. Meredith proposed to go on, but Mr., Mowat asked for delay, as the bill was not printed. It was plainly marked * printutf" on the order paper, and when this was called to his attention Mr. Mowat said the bill had only been dis-- tributed a short time before and he had had no time to look at it. Mr, Mowat--Need I discuss that* My hon. friend was one of the counsel, and he will hardly say there was collusion. I never read of a case in which there was a consent judgment and in which an appeal was al-- lowed. _ He went on to say that he gave no written instructions, but he inti-- mated to the otiicers of his department that ' the writs should be prepared imnwdiatel{y on the vacancy being certified and left I readly _ to be iasuefi when _ a _ date at which several elections could be held to-- | gether could be fixed. He pointed out that | if elections were to bedelayed becauseof new ; voters' lists it would lead to the defeated / parties urging forward the preparation of the new lists before the bye--election. He could not see how any other course ; could fairly have been taken than that followed in reference to these elections. | The resolution calling for papers was | adopted. ] When Mr. Wood's resolution in favor of {:a_ving registrars, etc., by salary instead of y fees was called Mr. Mowat asked that it should be allowed to stand,as Mr. Fraser, then temporarily absent, desired to be pres-- ent when it was discussed. "He is the only member of the Administration who will defend the present system, I suppose," suggested Mr. Meredith. The item was al-- lowed to stand. Mr. Mowat--Not as a matter of course. If there is reason for allowing an appeal of course the court has jurisdiction and can give it, But it is certain that no appeal would be given where the parties had con-- sented to judgment. Mr. Mowat said he believed that when a decision in an election case was given by consent there was no appeal, and the can-- didates and immediate parties to the in-- airy were held to represent all the electors. Mr, Mceredith--Why not, if there was collusion ? _ Mr. H. E. Clarke--Have the electors no right of appeal * § tion, and asked why they did not let it be | known what they were doing so that their . wishes might be met. Hé spoke of the re-- cent great contest in which the leader of ; the Opposition had been silent, and: suggeateg that perhaps he had _ re--' frained from action so that he might tak= up this case with some show of | consistency. _ It would have been strange to | talk as be did about a voters' list had he defended the sction of the Dominion Gov-- ernment in springing an election upon the country with a voters' list containing the names of 50,000 dead men, with 116,000° names of young men fairly entitled to vote left off it, and this in face of the solemn promise that this list should not be used for a general election. No member of the Opposition rose, though Mr. H. E. Clarke looked around at Mr. Magwood as if he expested that gentle-- manr to speak,. Mr. Speaker was on his feet to put the resolution aud Mr. Clarke rose hastily, that the case might not go by default. Me spoke, he said, is a layman, but said there was some information which ought to be given to laymen. It seemed to him _ reasonable that the lawyers and candidates in any contest were not the only people to be consult-- ed, but that anmy elector ought to have the right to appeal, and asked if this was not the law. Mr. Hardy inter-- posed that Mr. Meredith would hardly say this was the law. -- He wccused Mr. Hardy of making a stump speech and virtuously declared that he and his friends did not discuss Dominion matters in this House, and then straightway began a * whoop--er-- up " about the Old Man, the Old Flag and the Old Policy having carried the day.

Powered by / Alimenté par VITA Toolkit
Privacy Policy