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Solid Party Vote Defeats Nixon Bill To Curtail Tenure Proposal to Suspend Five-- Year -- Term Provision Until After Election Is Lost by 80 to 18 -- Mc-- Crea Replies to Pro-- gressive C hief, But S huns Reference to Election Date SINCLAIR DECLINES TO GIVE SUPPORT Eighty Conservative mem-- bers of the Legislature, in-- cluding those from Premier Hen:y down to the most re-- mote back--bencher, rose in their places yesterday to vote against the bill of Hon. Harry C. Nixon, Progressive Leader, which would amend the Legis-- lative Assembly Act so that the provision for a five--year term for the Ontario House could not be made effective until after a general election. Vote Stands 80 to 18. Under Mr. Nixon's amendment. which was defeated by a vote of 20 to 18, the term for the present Legis-- liture would expire this yoar--its fourth yrear--altheugh _ siutbscquen., Legislatures could sit for five years. By defeating the amendment, the members and the Government are enabled to remain for anothcr year. One feature of the proceedings was the abstention from voting of W. E. N. Sinclair, Liberal House Leader, and two cther Liberal members, J. A. Sangster (Glongarry) and S. C. Twseed (Waterico North). Mr. Sinclair said ne could not vote for the amendment because ie had supported the legis-- lation passed in 1930 lengthening the term to five years, while Mr. Sangster does not approve of an early election. Mr. Twesd had no statement to make. "Lame--Duck" Session. Mr. Nixon's main contention was thai the Government had no right to prolong the life of this Legislature by a "lame--duck" session, as the bill passed in 1930 extending the Mie of Legislatures in the Province from four to five years, was never intended to apply to the present Legislature, which passed it. Hon. Charles McCrea, speaking for the Government, did not deny that Hon. G. Howard Ferguson, then Prime Minister, had given assur-- ance that it would not apply to the present Government. In ftact, Mr. McCrea made no refer-- ence to this assurance, although Mr. Nixon had stressed it and other Op-- position members had referred to it. And, although the Government was opposed to the bill which would take away its opportunity to sit for an-- other year, there was nothing in Mr. McCrea's remarks to indicate whether it would avail itself of this opportun-- ity, or whether there would be an elec-- tion this year. Reference to the date of an election was noticeably absent from his remarks. Quotes From the Law. In speaking to the bill, which was up for second reading, Mr. Nixon said he was honored by Mr. McCrea being chosen to take up the cudgeis for the Government on the matter. "This is the fourth session of the Eighlcenth Legislature," he said, "and under the law prevailing at the time this Legislature was elected it would necessarily be the last because the law of the Province at the time of the election was: 'That every Assembly shall continue for four years from the fifty--fifth day after the date of the writs and no longer, subject to being sooner dissoived by the Lieutenant-- Governor' During the first session the Hon,. Mr. Ferguson, who was then Premicr, amended this law to extend the possible life to five years. "A few months ago I very innocently became involved in quits a controversy over this matter. In a casual conver-- sation with some friends of the prcoss, I remarked that this would undoubt-- edly be the last session of the Legis-- laturc, as it was clearly understood that, while the term was extended to five years, the present Legislature would not take advantage thereof ac. bually to prolong its cwn life an extra year and that my good friend from Ontario South (Mr. Sinclair) had ac-- tually drawn such an intimation from the Premior. "I noted that when the member from Simcoe Centre (Dr. Simpson) spoke he admitted an identical recol-- lection and other members have con-- firmed this to me. When this ap-- peared in print, my friend did not allow any such und>rsancing or recollection of the matter, and, of course, I apologize for having brought his name into the discussion at all. Mr. Ferguson Astute. "The four--year tsrm," continued Mr. Nixon, "had meint in actual practice three sessions of the Leg's-- lature ana then election under the Premiership of Mr. Forguson, who was too astute a politician cever to be caught hanging on to office to the bitter end, and every one knew that it was his policy and practice, as it was with Sir James Whitney, to go to the people before being compelled to do so by the legal terminaticn of the life of the Legislature. "It was generally felt, and with this I agreo, that the three--year term was too short, that a five--year term wouid mean in actual practice four sessions of the LegisJature, and there is not an honorable member in this House but knows that, were Mr. Fer-- guson at the he'm today, there would be no fifth session of this Legis-- lature." C ( | and the real thought that was in the | minds of the members of the House ;would be carried out, and the actual length of this Legis'ature would be four sessions. "I regret that I have not the same confidence in the present Administra-- tion. I may be doing them an injus-- tice on this, and it may be in the mind of the Premier and Cabinet that an election will be held before the next session," said Mr. Nixon. Mr. Nixon commented on Froami>r Henrty's remark some time ago that he (Mr. Nixon) had not protested when the legislation was going through. "At the time I had a great deal of confidence in Mr. Ferguson that he would do the proper thing, March 20 _ "Perhaps when the Minister of |\ Mines answers he will tell us hnow |much salary Mr. Clysdale is drawing down from the machine; or, like Mr. Ferguson at the Hydro inquiry, he may say: 'I don't know nothin' about nothin,'" smiled Mr. Nixon. He then quoted Premicr Henry as saying that | there was no demand for an election. | "Now, I would challenge that state-- | ment. Never since my interest in gpolitics began have I seen such a general and unanimous demand for 'an early election, and the only ones who do not seem to want one are my | honorable friends opposite and cer-- | tain heelers in the public service who | have fat jobs at the public expense, and fear these jobs might be lost in the change of Government which would follow an election. _ 2 4 Member's Letter Read. The Progressive Leader then read a letter signed by R. K. Anderson,. Con-- servative Federal member for Ottawa, to an Oakville resident. It read, in part, as follows: "It is probable that a Provincial election will be held about June, 1933, and, consequently, it is advisable to take up the question of a date for the convention to select a candidate. Our opponents in the Provincial field are very active, and are stirring their members to organize in the municipal, as well as Provincial field. The Liberal candidate is al-- ready working, and strengthening himself in the County of Halton." He quoted the British North America Act to show that there was | some doubt as to the power of the | Legislature to increase its life. "Ii | they can increase it to five years, why | not to eight or ten?" Mr. Henry smiled. ! Ethical Issue Is Seen. ! _*"I submit that it would be no more | flagrant than to extend it to five | years. Should the electors return this \ Government, they would be approving of its action and it could go and ex-- tend its life again. * se Another letter was from Brantford, reading, in part, as follows: "It looks as if the Tories are getting ready fot an election, as there were two strangers here today at noon in the shop hunting out some voters and offering them a job to work with them at night. . . . We heard they were from Toronto, and they seemed flush with money, as one of the boys said they offered to buy six cases of 'beetr if he would go and get it on his per-- mit. "I think they are what we call the Tory machine," read Mr. Nixon. Says Election Is Demanded. a failure on my part at this present session. So we have this amendment, which will make it very clear that this present Legislature will not take advantage of its own powers to extend its life an extra year." -- | e "If T misunderstood the thought in the mind of the Legislature at the tim: the bill was passed, or if I was remiss in my duty in not dividing the House on this issue at that time, it is not too late to make amends for such "If it is in my power, and unless there is some ruls that bears upon this issue, I propose to press this bill to the best of my ability, and if any imember elected for a four--year term feels that he should vote himself an extra year, he will certainly have the coportunity, if it is in my power to meke him stand up and vote it, and I will promise him that it will be a major issue in his own constituency. The "So--Called" Government. "In any case it seems to me that there certainly is an issue of ethics at stake. The terms of Legislatures in other Provinces have been extend»d to five years, but I challenge the Gov-- etnment to show me one instance in which an election did not intervene between the four and five year terms. "This Henry Government seems de-- termined to hang on to the last pos-- sible day and dollar and subject this Province to a "lame--duck" session in 1934, in spite of the fact that they have not the confidence of the people and have no mandate to govern. They are maladministering our affairs. "The Premier took strong exception to the words I used in referring to his Government as the so--called Henry Government, saying that it was insulting, and his members seemed to agree with him. I do not know that I blame him very much for not taking much pride in it, but it seems to me