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".. :fore T say 'it may be a broader to pass the law which did exempt &Wm qmuuelt.i't:l':. but when it is urged in the men from the operation of "'"{: C In-- press daily that it will be a turning 68 there was not the same RTOUND C0" o. boint in eight cases I take issue with cluding constables in the 'fl;,ea"had the statement and say It is not so. If cause and for the reason that t eyl D-- you take it as applicable only to those hever been G@isqualified, . (Liberal ap cases where the majority is so small as oR tsA vohd naamaiaty v & | otes, who have voted for the rity. ' The Common Law of England Zanm.date, if their voles are disaliowea, | ' Mr. Hardy then drew attention to the so far as I am advised it will only af-- | common law of England. In Rogerg fect three or four cases at the moct--' on Elections," page 1 thex would fin (applause)--South -- Perth and@ _ West this principle laid down :--"Dalton sayitl Huron--I cannot say as to Nipissing or that by the common law all free menio fl;g}{'ok%-bu_t it cannot affect East England had a voice in the electu(;n mbton, as theré were only 83 Sqfl'l of these knights within the counties stables all told sworn in there, and in | where hss srelt / Tith and quf esi-- South Norfolk there were only 21 con-- tions were to be free men and to ]»e r A stables. Nor can it affect West York, | | dent. en ac c ceca the Jaw _upd m;'fl h where the constableg were far c'ewer. England: that was the law upon Y U and where some of them were Conser--| was built all their election and f;ane- vatives. It is & vote that no one can C n s uind ccall Lk tgere IO rcé tell; we have no information before there was some ° act "a's'ie' wehr;ch us in this House. There is no way | t ues ce se mourge. which of obtaining that information at this | took an entirely different course, W session, so we cannot tell; we are only | shoce, wh ?\nnenitthde'{hgiflg:tn tbrpl:m- groping in the dark. (Cheers.) There | ciple, which limite s i thereforée _ no _ more _ than | ited the phraseology there employed-- wte c ases -- Athat 1t he did not say that under that act "'e'é wfifedireg't'ly :?f::t provided that it is could vote in Ontario, because they ha ever held that constableés have not the a law of their own--but from all time.| right to vote § | they could say from the time of the | Mr. Foy--How many were there in first election of the mem}t'mer%:';nl'g;;; West York ? * PM ¥ liament, away }:)i:fi){r in 151 ethe early | Hon. Mr. Hardy--There was a ma-- Parliamentary > jority of 39 in West York, as I under-- days of English civilization and Eng-- | stand it, and there were only 35 con-- "-"hl ffi"""et'ii"m- tliey"ef;';un:ecte';':;ryf"tg{ sables, six of them Conserva'avee, as I rlifications. on Y Sf * € + ?,2?&' f::ee man anyd to be a resident of | understand, (Cheers.). the borough or the county. That gave | English Decisions. him a strong starting point, so that h there was in this country, starting One word now as to the decisions un-- with its later law and later civiliza-- der the English law and under our own. tion and later occupation _ and later The general words used under section ; election laws, there was what might 6 of the act, "any other person whatso-l be called a natural right on the part ever," are the same as those used in the of every man, from whom the fran-- English act. Under the English act it ; | chise is not withdrawn, if he had the has been decided that borough con--| other qualifications, there was a natural stables employed at an election who are | |right on his part to be a voter of the paid by the borough are not disquali-- . land, and therefore, as his hon. friend | fied, (Cook's and others' cases K. and | from West Huron argued the other day, O.). The votes of the city officers of ; there need be no disfranchisement by the place who attended at the proclam--| mere implication in a matter of that ation, and were paid by one of the can-- | kind. (Liberal applause.) didates, were held to 'be good because ' they were present gerving the public The Constituencies Affected. generally, and not the candidate who | paid them specifically.© (Barnes case.) _ Now while I am on that point per-- So as to the election of Hastings, haps you will pardon me for a moment where the parties were employed by the & f if I deal with that which has been returning officers but paid by the can-- | dealt with perhaps before. We have didates. On both sides the vote was s seen it in the newspapers constantly held to be good. (Page's case.) In a f repeated that it affects eight counties. similar case where the voter received Now no one cam say what opinion the money from the candidate his vote was court may ultimately hold as to the held to be bad; he was the Town Clerk \ effect of that vote, supposing it is found (Seeker's caee.') In the Finsbury cas; that the constables have not the right Mr. Justice Cave held that the bill-- to vote. No one can say what the postér employed and paid by one of the arguments may bring forth, as to what candidates only Aid work for both P extent or how any election is affected by parties, and was not disqualified. Mr these bad votes. No one can tell until Justice Williams, in the.ume case con:' the last word has been said and the | curred, and added that where such| last argument presented whether it disqualifying words as "agent, can-- will affect those who have a majority | | vasser, clerk, messenger or other like greater than the number of constables ' employment" are used the principal employed and voting, or whether it will | e justum generis applies, and the ;,,:t be wider in its operation. My own view 'dld not therefore apply t'o blll-pocters' is that it is simply a case of striking (4 0. M. and H.) This case is of moré f off votes, and that in that respect it weight and authority than that of an * would be simply a case for a scrutiny. Clection committee, but our courts I am not prepared to say that the have frequently followed the decision : court will hold-- that view any more of election committees where their de-- A than my hon. friend is prepared to say cision has not been overruled h what opinion the court will hold upon courts. (Applause.) py. .¥tie the question of the constable vote. * l M TT 00000 .. P