The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 23 Mar 1934, p. 3

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its appearance in the House. Hon. Charles McCrea, Minister of Mines and Committee Chairman, read . the findings, and at each clause dis-- | sent was expressed by the Opposition | group. Only with that paragraph | providing reference of the evidence to the House was Hon. Harry Nixon, Progressive Leader, in accord. Hes had contended that no comment should be made when the evidence was submitted to the Legislature. In the nmin the findings claim that Mr. McCaughrin's inefficiency merited his retirement; set forth the arrangement whereby he received an allowance from his successor, Magis-- trate Howard Gover of Coldwater; recits circumstances of the swearing of Mr. McCaughrin's statutory dec-- laration and its publication:; refer to precedents for the payment, and sug-- gest consideration for direct pay-- monts by the Crown to deserving of-- O0OBJECTS TO FINDINGS Opposition Protests, But Majority Vote Records Committee Exoneration Progressive Leader Harry Nixon in-- tends to put up squarely to the Leg-- islature the proposition that it should condemn "the method employed in bringing about the removal of Danie! McCaughrin from the office of Po lice Magistrate." Bartering Denied. There was "no bartering or traf-- ficking in office" in connection with Daniel McCaughrin's removal from the Orillia Magistracy, according to the subcommittee report accepted-- with Opposition members dissenting-- by the Ontario Legislature's Commit-- tee on Legal Bills, The report was presented yesterday afternoon, and @A debate on the issue was forecast for Mr. Nixon made this announcentent yesterday at the meeting of the Com-- mittee on Legal Bills which, eventual-- ly adopted by majority vote the rec-- ommendation of the sub--committee, clearing the Government in respect to the method of retirement. The report, however, suggested con-- sideration for direct payment by the Crown to deserving officials on their retirement. fic lals € for Simcoe East, endeavored, at the request of the said Daniel McCaugh-- rin, in the interests of the said Daniel McCaughrin, to arrarge a lump sum successor in office: "4 That an arrangement, subject to the approval of the Attorney--Gen-- eral's Department, was agreed to on Nov. 25, 1933, by Daniel McCaughrin whereby : "a, Daniel McCaughrin in writing (Exhibit 19) resigned his posi-- tion as Police Magistrate of Orillia; "D. HMis successor, Oon¢ Howard ' Gover, agresd in writing (Ex-- hibit 20) to pay the said Daniel MoCaughrin the sum of $2,000 ENSURE OF HOUSE SOUGHT BY NXON IN ORILLIA CASE ells Legal Committee That Method Should Be Condemned their retirement. to | ."6. That the 'charges,' or state-- ments amounting to 'charges,' re-- ferred to in The Toronto Globe of |\ Dec. 22 and 23. 1933, are summarized 'and set forth in a statutory declara-- tion (Exhibit 1) sworn to by Daniel 'Mc(:a.ughrln at Orillia on Dec. 20, 1933, twenty--five days subsequent to 'thc date of the meeting between | Howard Gover, Daniel McCaughrin and the Henorable William Finlayson, in the office of the Honorable William Finayson at Toromto, on Nov. 25. 1933, which declaration was prepared under the direction of Harry Johns-- ton. Ontario Liberal Organizer, in the office of George McLean at Orillia, the former defeated Liberal candidate in Simcoe County; and subsequently and after it was sworn to, the said Harry Johnston and the said Daniel McCaughrin came to Toronto: "7. On the following morning, Dec. 21, 1933, the said Harry Johnston and the said Daniel McCaughrin went to The Globe newspaper office and thore discussed the said document with, and left it with, Mr. Harry Anderson, with the instructions and understand-- Ing that no use was to be made of the same by way of publication until he (McCaughrin) should give au-- it,horit,v to do so. The said McCaugh-- rin then visited the Attorney--Gen-- |eral's Department and saw Mr. Bayly, the Deputy Attorney--General, and be-- |cause Mr. Bayly, the Deputy Attor-- ;ney-General. would not agree to Mr. ; McCaughrin's terms. the said Mc-- \Caughrin left Mr. Bayly's officc «nd got in touch immediately with Mr. |\Harry Johnston and went back to |The Globe office. where a conference | was held, at which, among others, ; there were present Mr. Anderson, Mr. | McIntosh, Mr. Arthur Roebuck and ;the said Harry Johnston, and de-- cision was made to publish the said |declaration as well as correspondence \filed as exhibits: ment, by whose officer: the Getails were to be worked out, the said Daniel McCaughrin renudiated the arrang>-- mont entered into &nd endeavornd to cbtain a better settlement from the Attorney--General's Department. In this he failed. distributed over a period _ of three years, being $750 the first rzar, commencing Jan. 1. 1934; $750 in the following year, and $500 in the third year; "5. That after such arrangement was entered into, but before approval by the Abtorney--General's Depart-- At the outset Mr. McCrea stated that there had been no suggestion of any further evidence boing called and that there had been no request for further witnesses to be heard in th2 meantime. He pointed oul$ that the special committes, comprising Mr. Nixon; Dr. G. A. McQuibban, Liberal House Leader; Hon. Leopold Macaulay and himself, had mss to see if they could agree in bringing in a report. After outlining "in skeleton form" the sequence of cvents in connection with the case, and referring to the various heads under which the evi-- dence had been classified, Mr. Mc-- Crea presented "the findings" of the committee. Mr. Nixon at this juncture declarsd: "I am objecting to all the findings, on i'he ground that we are not in-- strusted to make findings, but to taks evidence." "11,. Your committee respectfully suggests that the Government give considcration to direct payment by the Crown of a retiring allowanc»e to a retired official where, on the facts and circumstances of the case, it is expedient, deserving, and in the pub-- lic intercsts, that an allowancs be made." No Further Evidence. "8. The evidence shows that there was no bartering or trafficking in office. and that what took place in Mr. McCaughrin's behalf, and at his requ'st was merely an endeavor to provide him with a retiring allow-- ance: 9. The evidence further shows that what was done on behalf of Mr. Mc-- Caughiin did not diffar in principle from precedents under various At-- torneys--G°neral over a period cover-- ing thirty--five years, particulars of which precedents are embodi*d in thi: report ; "10. Attached hercto is the cvidence taken at the hearing by the commit-- tee and the various exhibits filed in connection therewith: Marc h 43 i Mr. MaCxwei--'YsW'oE ' jection? . ; _Mr. Nixon--That is as {@r wish to go at the present timo. The findings were taken clause by clause and carried by the committes, with Opposition Leaders objecting. Clause 10, which read: "Attached here-- to is the evidence taken at the hear-- ing by the committee and the various exhibits filed in connection there. with," was an exception, Mr. Nixon smilingly remarked, "Carried unani-- mously." Mr. McCrea stated that the find-- ings were an important part of the whole thing. The commitiee had been asked to say wnether or not there had or had nos been any bar-- gaining or trafficking in office. What had taken place, he said, was "an endeavor to provids him (McCaugh-- rin) with a retiring allowance." Retiring Allowance. Clause 11, which suggested tha; the Government give .consideration to direct payment by the Crown of a retiring allowance to a retired official, was cited next by Mr. McCrea, and Mr. Nixon injected: "This is more or less aside from the other thing." A. E. Honeywell (Conservative, Ot-- tawa North)--I think it is desirable that the Legislative body do discuss | that very point. It is a subject worthy gof the consid:ration of the Govern-- | ment. y The Progressive Leader further con-- tended they were "going crazy" on the question of retiring allowances. Her®, he claimed, they had a man who, through the period of the de-- pression, had a good job and had been paid $20,000 over a period of years. "I am not going on record in general approval of retiring allowances to th:se f:llows who only work a short time for the Crown. Why should the Frovince be under an obligation to look after them as long as they live?" In the course of further discussion Mr. McCrea pointed out that super-- annuation did not apply to men hold-- ing positions similar to that which had been held by Mr. McCaughrin. Pre-- cedent showed, he claimed, that there had bsen a willingness on the part of Governments to give r:cognition when a man got up in years, and was unable to render the service the public would like, ard he had noth-- ing to live on. c e Thc Progressive Leader then pré-- sented an amendment to the effect The Chairman also said that such recognition had been given in the days of the Drury, Whitney and Fer-- guson Governments, but there had been no definite suggestion that it should be don> directly by the Crown as had been charged. . eR _Mr. Nixon--You are not finding that in this particular case? Mr. McCrea--No. o _ The Progressive Leader asked Mr. McCrea to read again the clause in connection with this matter. On 1ts Merits. After this had been done, Mr. Nixon remarked: "I think every case ought to be dealt with on its merits in the Legislature." He also added, in the course of further discussion, that a recommendation should com* from a Minister. Mr. McCrea stated that nobody wanted to have his case "paraded" as to whether or not he would re-- ceive $5300 or $1.000. "It is only a suggestion," he conced=d, "if it is left out I am porfectly content." | e ._as i&r._ #$ I only ob--

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