The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 10 Apr 1924, p. 3

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1 Several private bills were given second reading and others put ~thro'ugh committee stage. When the SOOmm'lttee was considering the '~amen.d:m-ent. to the Consolidated Ea- sex Bender Utilities Act, E. P. :Tellier (Liberal, North Essex) .moved an amendment that the On- ittttrio Railway and Municipal Board should approve plams before regis- tratum. This was opposed by F. W. 'Wilvlson (Conservative. Windsor). lama on a. vote the a.menriment was defeated. was we won. and w. E. N. Sinclair. K.C.. asked "lf the Treasury De.. pamment could not now recognize wolvea." The Hydro bill to ann'algaanate the CArorqrian Bay Hydro system. into one received second reading, as also did several other measures of minor importance. Although a deputation trom the Humane, Society, headed by ex- Mayor Oorppley of Hamilton. was told that it was too late to receive Government tinaneiat assistance this year. it was given (tonmidenuble hope by Hon. John A. Mantin than a. re- quest next year would receive very favorable 00 ms! d era-won . The deputation told of the aims and objects of the society. and naked for 86.000 to enable the society to mm on in- --" carry on in work. There was some discussion in the bill of Hon. Charles McCrea., Min- ister of Mines, establishing a Min- Mg Court. Han-old Fisher imbeu-al. lWest Ottawa) doubted the power of ithe Legislative Assembly to remove "his Judge. The Attorney-General lama that the British North America lAct made provision of J udges by the 'Dominion authorities where ap- pointment was to a Superior Count, but where not appointed to a. Sn- iperior Court by implication the Ino-wer of removing a Judge was {vested in'the Provincial authorities. He said Mr. Fisher could read an Eacoo-unt of a. debate on this subject in The Globe of Dec. 9. 1868. In inns act. Mr. Nickle held, the Judge IT,':',' not a Superior Court Judge, but 'had the powers only of a. Superior 'Court Judge. Ottawa had consented to make the appointment. he ex- plained. It. was decided that the Jgdfe could be retired after the age 0 ir. Hon. Beniah Bowman thought there tttill ought to be ample recog- nition to the man who caught a wolf in Ontario's interior. Premier Ferguson said one must first recog- nize the wolf, and w. E. N. Sinclair Hon. Charles McCrea trot second reading of his measure to reduce the bounty on wolves. The Minister told the Home that under Ontario':, $40 bounty the Province had ap- parently been paying considerably toward decreasing MandtotraN and Quebec's wolf population. He told of frauds perpetrated on Ontario by a, system that had grown up of renting Manitoba wolf skins at " per hide. "Wolves and Wolves." The committee passe-d amend- ments to the Ontario Companies Act and the an: validating agree- ment between the Province and the Dominion respecting the sale of Do. minion Lands. Approval was given also by committee to the bill for registration of brokers. The Pre- mier said one of the objects of the bill was to make every applicant for a license give the department his history. The Natural Gas Con- 'servati.on Act also was passed by the committee. An Expensive Acre Mr. Sinclair -ixiGGGCtii2" opin ion that it would prove an expen my; act to enforce. _ Alwyn. v The Houge Committee than con- sidered Government bills. The Pro- mderr moved an amendment to the Power Commission Am providing that in the carrying out of work hy municipalities, omdered by the Com- misslon in respect to eroding poles and various structures the com be divided equally between the Com.. mission and such municipality. Not Superior Court Judge. Hon. James Lyomrs bill Ln tax summer cottage": in organized dis.. tri'cts received second reading. "_ n:..,' . - Trio h eselat ' Nv: "Our original intention was to follow what might be considered the natural and usual procedure, and to apply to the Dominion Parliament for legislation incorporating the United Church of Canada, and then apply to the Provincial Legislature for ancillary legislation rights and powers with respect to matters within Provincial Jurisdiction. We departed from this course when we found that there was no possibility of having the Dominion Act of In- corporation passed before the prom Mgation at the f1t1ttr1pistrittltuure. "Dear Mr. MeKeown,--At the con- ference held at the Parliament Buildings on Friday last to con- sider the resolution passed by the Private Bills Committee, directing certain amendments to the. Church Union Bill. it was suggested that the petitioners should consider the ad- visability of withdrawing the bill now before the Legislature until legislation had been passed by the Dominion Parliament. I have taken the matter up with the reprettenta- tives of the Churches and I am now instructed to advise you that the petitioners have decided to adopt the _course suggested. Mr. McKeown, in withdrawing the bill, read the letter he had received from the Church Union Committee, as follows: When the bill was called Mr. McKeown said that he felt it would be a mistake for him at that June- ture to appeal from the decision of the committee to the floor of the House, or to endeavor to force upon the committee any bill which had met with such serious opposition. Maybe they had been premature in placing the bill before the Legisla- ture before the principle had been adopted at Ottawa, he said, but, "with a vision that looks out into the future, I hope the time will yet come when the Methodists, Congregation- alists, Presbyterians. Baptists, Lu- therans, Roman Catholics and every denomination of the Christian Church will get together. possibly not in organic union, but in spiritual union." Letter From Union Committee. Following this ruling Mr. Mc- Keown moved, and J. A. Currie (Conservative, Southeast Toronto) seconded. that the fees in connection with the presenting of the bill be- fore the House and the committee be remitted. This passed unanimously. Sees Greater Union. Mr. McKeown's motion to with- draw the bill came after an explana- tory speech, and then Attorney-Gen- eral Nickle, Chairman of the com- mittee, formally gave his ruling that the bill in question properly was a private bill rather than a public bill, as had been suggested in some quarters, a.nd also ruled that it the sponsor of a private bill wished to withdraw his act, "this committee, acting as a Judicial body, must bow to the wish of the member for Duf- ferin and permit him to withdraw the bill." CHURCH UNION BILL FINALLY WITHDRAWN na LEGISLATURE WAS PRIVATE MEASURE C. R. McKeown Considers It Unwise to Appeal From Committee At the meeting of the Private Bills Committee of the Legislature yester- day morning, C. R. McKeown (Con- servative. Dufferin) withdrew the Church Union Bill. tdyc l, Mr. Nickle said that in 1874 a Ibill respecting Queen's College, 1iy'..it..ieci' and a bill respecting the "union of certain Presbyterian Churches, which came before the On- tario Legislature. were regarded " private bills. A year or two ago the University of Western Ontario Bill was regarded as a private bill. When Queen's University made applica- 'tion in 1912 to Ottawa to be con.- [stituted an undenominational insti- tation, the bill was regarded as a I private bill. ' Right of Withdrawal. I The second consideration, he pro- _ ceeded, was whether a private mem- lil)'; had the right, of his own voli- ition, to withdraw such a bill from lthe consideration of the committee. Mr. Nickle read various portions From May's Parliamentary Practices (pages 608 and 732 of the 12th leIdition), and also quoted a ruling of {Speaker Parliament of the Ontario ' Legislature in 1922 in the bill of G. i G. Halcrow. respecting the Hamilton lveterans of the Great War. The ipoint then raised was whether a imember could move a discharge of ,'an order of the day standing in his 'name it objections were taken. Mr. Nickle read the Speaker's ruling in that case, in which he said: "May I say further, gentlemen, that I felt a grave responsibility rest- ed upon this committee and Parlia- ment to see that this body, which had caused such grave heart-burnings throughout the Dominion and Prov- ince. should so conduct itself that when proceedings were over. no one could say a mighty problem had been hurt, either by strenuous objeco tion or boisterous interruption. My small efforts would have been un- availing had I not such enthusiastic support from members of the com- mittee. "Therefore, gentlemen," said Mr. Nickle, "I feel obliged to rule, in pursuance of the authorities to which I have directed your attention, that this is a private bill; that this com- mittee, acting as a judicial body, must bow to the wish of the mem- ber for Dufferin. and permit him to withdraw the bill. am In" reqauu uuly ot our Declared Private Bill. "The attempt to have the bill dealt with here before it had been passed at Ottawa appears to have rather confused the issues involved, and has resulted in questions being raised that should properly be dis- posed ot at Ottawa by the incor- porating bill. " do not know of any case in which a bill of this nature has been proceeded with against the will ot the promoter. Where amended by the Private Bills Committee so as to be unsuitable to the promoter, it is for the House to allow its with- drawal on motion by the mover. There is no precedent for forcing it after the member introducing it has signified his intention not to pro- ceed with it. auu uy reason umy ot our anxiety" t6 expedite the consummation of Union of ttle three Churches. you to withdraw the bill 8. ent session. "Thanking you cordial; care and attention which given to the bills. believe faithfully, "MC mm attention which you have given to the hills. believe me, yours faithfully, "Signed) McGregor Young." Statement by Mr. Nickle. Chairman Nickle then said that, due to the fact that there had been certain newspaper publicity in rela- tion to tho legal situation 'turrounid. ing the withdrawal of the mill. he thought he should make a brief statement in relation to the constitu- tional position, as he understood it. - or, .-.. .._. ulIuVIDDWu U» The first question he discussed was as to whether the measure was a. public or private bill. While their system of parliamentary govern- ment was patterned on the parlia- mentary system of tho Old Land, yet, in the development of their institu- tions, they had not always followed upon parallel lines with those of Great Britain. "I am driven to the conclusion that this is a private bill by consideration of simiiar legisla- PT, that has passed. not only this Legislature, but' iireisoii%ia"iro"iiii as well," he said. .thfretore directed cordially for the 11rected to ask bin at the pres-

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