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Les diagrammes suivants illustrent la mdthode. 1 2 3 1 2 3 4 5 6 s PROVINCIAL POLITICS. \ 1890. A. fePKKCH DELIVERf:D BY HON. GAV. ROSS MIXISTER OF EDUCATION, IN TEE LEGISLATIVE ASSEAIBLY. MARCH 25th, 1890, cTiT r T-JSJHCT: Proposed inieudineut.'^ to the Act reiatiug to Separate Schools. Ccph.< >fthic t^j'rcch can bf h^/l hy odir€i>n'ng W. T R. Pre^iUjn Secretarj irovinclxl Hcjijmi Asaoiiatlim, Toiouto, rillNTED BY HUNTEli, i:OSE & CO. Ib90. ( HON. GEO. W. ROSS'S SPEECH CN THK PR JI'OSET) AMENDMENTS TO THE SCHOOL ACTS As introiuced to the / e^isiature^ respective/) , i'y (he Gen em- ment, Mr. Miredith. Mr. Creighton -niii Sir. French Hon. U W. Ross, in nirAiiig the. second roaiilng of Bill No 180 " An Act to airn'iid tlit Public and Separate iSchooU A';t<.' said : Hon, gentlemen wouM no loubt perceive from ^.he bi iff proposals of the liiJl. that its main object was to remove doubt a.s to tlu^ niting of Public .-uul Separate ScIhxjI suppoit«?rs. 1)V section 14 of the Act "f 186.'3, any Roman Catholic who by himself or hi.-^ agent gave notice to the clerk of tlte municipality on or before the 1st < 'f March, that he was a supporter of a Separ- ate School, was cx^jinptcd from Puilic School rates. But in a-iili- tion to this notice tl»c trustees of every Separate School were re- tjuiitd to send to the eJ'M'k of the municipality on or before the 1st day of June in eac]i y€o.r a list of the supporters o»' then- school, and every person not ap]»t^aring on this li^t Wiis to be con- s' 'ered a Public School supporter, in 1H77 the School A-.t was amended, requiring the a.ssessor to desiytiat*^ upon the a-isessment roll who were Public and who were Scp.arate School suftporters, and tlie trustees were allowed to substitute the cla.ssiHcati6n thus made for the list required under tlje Act of I8r>*i. An appeal was allowed to the T'ourt of Revisi'>n as in other aAs«?-;sment my/. ters where eirors were alleged to have l>cen made by the ass<-.s:?or. Owing to fretpient mistakes in the classitication of th-:- raiepayrs, th!} as.'^essor was directed by an amendment n».ade in 1 '^7i) to " acci'pt the statement of or made on behalf of any ratcpaj'er tliat he was a supporter of a Sefiarate School a-« .sutficient p>-,mest an 1 oidy 7'emedy was to instruct the various ot^iciils connected with the as- sessment specifically as to their duti-'s. Hon. gentlemen wh-,' were 4 AME.ND.MEK1N TO THE SCHOOL ACTS. acqtiainte'1 with th. Municipal Act knew then^ wore differ'»nt persons re^pnnsiMe f *r tlie pivparation of the assessment roll. The assessor had certain duties to perform ; then the clerk ha^l certain other duties, and the final settlement rested with the Court of Revision and the County Judge. Purposes of the Bill. If hon. i^entleraen would examine the hill they wfiild see how these duties were classitied. as far as the Separate SehooLs are concerned. B^- the tii-st section : — " The Clork of every miiiicipality shall fort>i^ith after the ] assiiig of this Act, enter in a convenien: inilex book, and iu alphabetical iider, the name of every person ■whci has [,'iven to him or auy former Clerk of the municipal- ity notice m writing that such person is a Elimiau Catholic nnd a supporter of a Separate School in or cuntig'uons to the luunicipality, aa provided by the 40th 80CU-I1 nf the Separate ."^chucl Act, or by previous Acta respecting Separate School*. " That was the first in~;truction. Then the instructions go on: — •'Tlie Clerk shall al8.> enter opposite the name, and iu a «.o'umn foT this purpo^ie, the date on which the notice was received, and in i third column oppositf the name, any notice by such person of withdravral from supijortini^ a Separate .Schoci, as provided by the 47th section of the a»id Act, or by any such otlu,r Act as aforesaid, wiih the date of such withdrawal : or any di?;^!- lowance of the notice by the Court of Reviaun or County Judge, with the dale of such disallowance," Then it was provided that: " The index book may be in the form set out in the schedule to this Act, and shall lie open to inspection by ratepayers." These direction'^ were very speclfi--, and it was confidently ex- pected that if the clerks of municipalitips, who discharged their duties under very heavy penalties, carried out these instructions, the mistakes to which he had called the attention of the House should not occur. tie wished' to call special attention to the fact that the index book was to be open to inspection, so that if any elector was in doubt as Lo whether, notice had been given or had not \xten given, he could go and examine the index book and satisfy himselfc yottces to be Preserved. Then it was declared by sub-section 3 " to be the duty of tho Cleik %o jilc and carefvUy preserve all such notices which havidered of great importance, because nearly all the complaints that tau.e to his notice with regard to assess- ments would have been avoide^l if ratepayers had taken the trouble to examine thf^ir a.'sv-ssuieni slips. But this does not con- •'hj.le tlie as;iPs«;or's duties. By section 3 of the Bill he in further directed ns fol'ows : — *' Wlujre the list r.^quire Tliis section will surely ireet rdl the objei'tions made to our former auiendment.^ to the Separate Schools Act. Here it is dis- tinctlj* and sped "cally set forth tiiat the assessor /.s to be ti e is given by any ratepayer of his desire to be rated as a suppocf-r of Separate Schools, the assessor must enter him as a Public Sch-'ol supporter. • Duties of Municifial Couiicils. But our prcca itions a^ain-st mistakes cro further. Not only is all the machinery of the Court of Revision and ajjpeal to the judgf^ stil. pivserved to the rat«-payer. but by Section 5 it is pro- vidtd th't the .Municipal Council may. under certain circum- stances, c >rre<'t mistakes." TTi-:' w^ rds of th*- Section are : — '' 'n case of its aj {>earineto the m'jnjcipal council of .vny iimniL-ipality after the tinal rovisiou of the aaseMntn: n^i , vtiit throuj^h 6< lue mistake or inad- vertence any ratepayers have ^■**«n placed in the wron^' school tax column, • either as 8u ipi rters of sepirate schools or supporters of public .schools, it shall be CO upe'ent tor the municipai .^onncil after due ►•nijniry and notice to correct ancl) errors if such council sees St. bv direcMnt' the amount of the tax of such rate '.i\ ers to !>« r-aid t.« th- tr-^per !5^hool B janJ. lint it shall not be competent f »r the oouacii to rever:>e the decision of the Court of Reviuiun or • «./..iinv V Court Judae a^j to any rateptyer. " In case of such action ^>y s n uric:; .il c .uncil the ratepayer shall be liibio f r the sit'Tie aniount of BchI tax as if he h'ad in the first instance bttju en- ered on the roll properly." AMFKDMEMS TO THK -.f'HOOl. k'T^. Now wh^r. could Ik inure '•inijile or niur*? specific than tin? ma- cliinerv prnvidocl l>y this Biil. Tho jliiries of assessors ami ck'Tk-! are set forth in d( tail an«l should they fail to do their duty, and should the Court of Revision and the* Tounty Judge fail to do th^ir duty, then at the last moment, vr^on the collector's roll i- made up and the t'ollector is a*' the do r a^kinf: for your taxes the Municipal Council may coute to your i"escue and on " due notice and enquiry/ permit you to pay your taxes to the school \vhieh. accordin:: to vour own act vou ^ilruitied vour intention to .sun- jKirt. We are not awaio rhat munieipai ot^cor> and clerks or assessor:* wilfully make nd-t;ikes, nor were wedis} i»sed to censure Municipal Couiicil> with jt^gard to the way in which the*;e ofticers had discharged their duties, but the House knew mis- taken had occurred and in this case the 'government had pro- ceeded, just as iu nil other cases, to surround their le^isjati' "i with such care in rogara to every detail .'i< t) renihr mistakes almost impossible. It was not a stranje matter that mi>)takes should sometimes occur. There are Wiween lilO and 700 !nuniei- palitie.s and a^ many muni-'ipal ■•! Tks'vnd asse.snors and Councils, and there are j)rol>abiy between ;?t)0, n.M|uired by the Act of 1 S.3.5 and the Sebarate School Act of L*^')'!. He must say the Bill of the hon. i^entleman was a marvel of legislative li.'singtnuousrc.ss For instance, in the preambli* he says; — . AMKNI>MLNr.> 1 .• I UK S- HuOL ACIS. S >. u n *• WhercM every ratepHyer mgbt to be bv -uw juinui facie a Public ScliO'-'l awj!' !Ur. and no one ah'uid be ratt.l fu a K' man Cathnlic Separate Schoi-l EU, i'v>r er uuleaa he by l.ia v9\ voluntary act dfciartiB hin inleuiion to l>e a tiip^M.r'cr of .St-pprate SchiK-li u aco* nlanco witn the provwioiis ui tho law ; thcftfope Her M-jesiy, by and with iho advicf ini coiuvnt of the I^^iala i.e Assembly jf the I'rwviaw of t ntario, enacts "mh foHuws ;" The hon, genileinan ought to know that every !Mt»^pavor is no\v» a prima j\u:U supporter of Puhiii; Schools. He thought if he ;Mr. Meuitlith) woui i realthe Act of 3 8 55 he wouM sec that the Act not only inti*n«ied that, Vtut asserted it. This principle of rhv |»reaniMe was contained in the Act of iSC"i, in the Revised Still uies uf li>77 aiul ot l"5h7. and now in liS90 his hon. friend propose to legislate as if it lia 1 been omitted. If his hon. friend would turn to section 2 of tho Separate School Act of 1855 he would set- that ' any nuir'oer >f pei^sons, nut les.s than fivf, licin^f heads of fanniics and householders or freeholders, iv^ilt'Ut wiiliin .ny school section of any township, incorporated villa^'e or town, and l>einij Roman Catholics, may convene a public meeting of per- Mju> desiring to e.'siablish a Se]>.irate School for Roman Catholics in such, school section or ^ard for the election of Ti u-^tt.e.s for the anagement oi the 3iirate School. Now, if thai did not .mke every ratepayer }>rinui facie a i'ublic School suppoiter, .vhat did it mean ■ There could be no movement made foi the tbtablishment of a Separate School until a Publi- School wa.s tirst v-.siablishedjand evt-ry pcrsoji t.ntilits esiablishmont was a Publii; .'^ohooi sup|K>rter. The tir^t clause of the preamble was tlierefore innccessary. it was one this House never thought to be neces- \vo'.i«lerful preamble : " No one ab-u'd be-rated as a Roman Oatholie Sf-piirate School supportt r unless he. by his own voluntary ac*. ilec^area his intiMtii ^n to 'r»e a supporter of Separace Schools in accordance with the pmviaious of tho l»w." Now, he (Mr. Meredith) must know, as a lawver, ihiU this is the law; he must know that there was nothing in the School Act to AMtNI»MKN75 TO THE :« U -^ L A<.TS. \.-t of l««.n, or .'.-s by which a the action of the 1 . .fcalrt-a^ly puint'jd out r.U. iLe next wa> tho ek-ction : the iir«t. but there Wiis no f Tra^tfrs. Uii'Jor section compel a Roman Catholic to i-:<*om-» a sTii-porter o^ a Separate bchooi. WhtrecouM the compuU.on be ? It "^as not in section - of the Act^of 18^'). whereby any number of heaJs of fjunilies, not ler^ than live, were allowed to e-stabli*h a .S«;tar»t*» ScIioion in the C-irrrsp-jri tl^ revision of l3>.7. At ever. . Sfparatft School wa* or^ani^e*^ ar Ikoman Catholic wa-sparely v6i*jnt&r%" that tile rij.st step waa entire! v »o : w of Tn;st«es, a nt;ces.<5ary ^ " ' : '; Ctjnipuision in rejTini ^o - 40. where notice i? requiniKi to be ^ven of the iniention of a rate- payer to become a Sep^vrate Sch.x** supporter, there wjis no coni- pui.^icn. There wa.s no rompulsioti as to wheiher a ratepavcr *boul.i or >iioul'i not trive notice. Ncr as to se<:-tion 47, where provision was ma wa- purely and entir-ily \\ iuntiry. It was voluntary as t,' I .c nrst aieetin:^s of rive '^r more Leads of familits where the tirsst ■•tcj. in tiie estabh-hment f such a «hooi was deciiled on; it was Voluntary as to the e'ection of Trtistees ; it wa,s voluntary as to the notice required trjm a rau-jayer of his intention to become a Separate Sc* ool it was voluntAry as to his riiiht of withdrawing irom n. : n as a «ujip»ortfrT of Se[>aTate Scinx)is, and it was "Vv-Iuntary a. . _^ pf>c;et< lings in the Court of Revision, and as far as the proee^dings t»efc the County .Tiidi.'e wen- concerned. Tiie lilertv oi the subject was not ii.tia-- ferei with in any way. There wa^ no cc^rcion. as he Mr. Mere- dith^ would ask tiie Ifou^e to a=suiQ'j: in the preamble to the Bill. First i^^ction :>/ ilr, iltrtdUKv Bill Now, what was the tirst section of this Bill, follows : — It provided as " yotwithstantiiiu ihe proriaions of mit Acs. or law to the contrary, no peraon otherwise hahle for Pr.a.ic Soh«»i rkies sha^l be exempt fr'.ni tho pwy- Dient ihereof. or be liable for the pajmabt ri rates m eiipport of a Roman Caiholic Separate School. ank«a he sbalt a»Te giren the notice provided for by section 40 >y re-uiiactmg a law [^lacwi trsi up'«k our statute • :. Ji* years ago, urnh i' which "ver 2u«» ;^- "^ - have ^.' i-v i.-een e'-Labli.-.lijJ. What lie now pi-_^^^ . „ .. . ., ,tcd iu J *>.■;,. aii'i re-enacted iu 18('o. In 1S77, tke Hrji* — Mr Mere- *hth iiem^: a consonting party — rt-atfirineu ibe Act ^f 1S63, in- i'.' clause lulening to the notice. la 1 * :rir;.' bib - -• ..lut, it ha"'. 1»^on ai:airi rep.ji'tcd iu the coixjo.. .ai. /u of that yi*x. The House had throe times placed iij '.n nectrd and eLactCii *nd re-enacted the Htction in the Act of l^-'J^ K-:'j:rinij that a Botaee siiould \>e j^nveu. And yet ilr. Mere«li:.i rrc»?>;»?'-4 uow to iDKtt tiii> clause dc noy<> into tin; Act, ta'l vir: ia.i.y t- t^ssume dbat aJi j.reviuus Acts of the House wer*,- nuli azi-l v.. id. Had \Lv. \Lt.vtc.:\Xi any reason to beh«'ve that the clause ba J t-een v,ith- dnt mil ly any legislation of th? House, or bv «nT authority of tkr Courts ? Those who had s])oktn r,nd wr».^ rer -led to aftfc^k with authority on tliis |»oint, hal rj-.raj. ^w .t. d that Aeeikm 4<) wa^ ojx-rative and ))indino:. Trie i : - Mr. Crook-s, in \Svt. ^ve iIjc following opiniitu on thia '\\i< • :l * Tbere hn been no change in the piiiieipie oo ■w-hi 1 .separate Set ouiS are based, i.aniely, the ]^ermLvpai-ate Scinx>i or Bol. His l^ein^T a Catholic is nu-ioly yr''^'\a jauiKf evidence on vfaieh the assessor couid place his name amcng' tte sap|x>TXers of tie Sejiarate Schools ; but he cannot do so if the Koman Catholic ratejiflver instructs him to the c^ "• — y : anc in that CBse, not Wing a supporter of a S^^parate '^ -i, be would be iialiJe to Public School rates, and entitled to s»fn«i Iiis children to tlie Public School. The law permits each Koiuan OaihoHc rate- poTcr his indiVidiud opHon iu supporting the Ser»&rf;te School, and provides the proper machinery f-jv having djs :<.■ >ettied that be iLUSt i^ay a sciiooi rate for one or the other/ The Attorney-General .i Oj inhr^ \ •i T^kere was also a verv definite statement on ihr: '^'i; iect from Hk-: Attorney-General in his open letter to Mr . lU before tike last general election of Ontario. Ic ran thus . — ~ But tlie ludicro\is absurd. ty of the oi.j--''on is ti^t tiie pre- linuiiary notice has not been dispensed w:tL On the contrary, it is expressly continued by the 4lst secrion of the Act of last aeaaoc, the section which givoi E-cpian Cath >iie5 esiemption from adiX)] rates, and any Protestant or other lat- : the muni- dpaiity may objt(?t (» the exemption l^efore :-.c * jurt of Re- xtdaa on the ground that the necessary preIiiiiin£.rT notice Avas 10 AMENDMENTS TO THE SfHOOL ACTS. not ui^''-w» ^"'1 lipt his (Mr. Meredith's) Bill would be an admission that the notice required under section 40 had been withdrawn, Th(^ Goverii- ment had no right to withdraw that notice; it could not with- draw it because it was a pnvilege 'the Roman (Jatholics had a right to under the B.N. A Act of {bC)7, and they woidd have been placed in an anomalous and unfair position were it withdrawn. Opinion of the Court of Chancery. But besides the authorities [ 1 ave quoted on this point, there was the decision of the (Jourt of Chancery in sup]ioit of the eor\tei!tions of the Government, On account of the various % iows expres.sed by all sorts of bumjitious ex])onents of the School laws, 1 thouijrht jt well to get the opinion of the Courts as to wliether the notice to be given under section 40 of the Separate School Act was still required. The question submitted v/as as follows: — '' la or ia not a rarepayer who has iif»f by himself or Vi\ agont given notice irj accordauce with Section 40 entitle'! to exemption frmn the jtaymenr. of rates nn{.n.sed for tho s^upport of I'ubho Schook', or for otbor School parpoaes. afl in that sei'tion mentioued." Now let me read the joint deci.^ion of two learned judges, Ciian- cellor Boyd and Justice Robertson, and let me ask the House if the Bill proposed by Mr. Meredith is not a piece of useless statu- toiy lumber. Their judgment rea<]s ; — "If tlw aaaessor ia satisfied with tho prima ficit evidonce of tlio Hr.at< ui'mt made by or on behalf of any ratepayer that \\iy- ment of ratts for Public School purpose?, he beirjg iu the case supposed M- ■essed as a supporter of Roman Catholic Separate Schools." AM.i::NDMfc.N'r.S TO rHK srHOOL \.CTS. 11 And lest there should be any doubt in the mind of any hon. tuemiicr as to the tall scope of their decision, the judges further said, in answer to another i[uestion • — " The assosaor Is not bound to accept, the Ktatement of or made -m bohalf of the i;itc'i»!iyer uuJor section I'JO (2) of the I'uLlic Schools Aot, iu case ha ia uuiilo aware or as erfains before coiiiplotinj^ his roll that, such rutepayir ia not a Itomau Catholic "r hati not given the notice required by section 40 of the Separate Schoois Act, or is ''or any ri'a.-'on )u4 aitiflcd to exemption from l\iblio School raiea." The Notice Ckili/ Bind lug. The House will therefore sec that the only th.ir i,^ binding, according to tliosc learned Judges, wjas the notice reqviired under section^ •lO. Thus we have had the l;iie Ministci' of Education iind the Attorney-General and the Court affirming what had been always contentlcd to be the law. The Court luithcr declared in regard to the withdrawal of Sepai'ate School supporters from their pesition a.-:' such : — " A ratepaytr ht-'iig a Itoman Catholic and appearing iu the aaaessnient roll as a l-'oman Catholic and support(V( have given the aaid notice, sb a», according to the provia.ouij of the said section and of this Act, to entitle him to e.vetup- 1£ AMENDMENTS TO THE srT.OOL A( TS. tion from Public School rates for the year for which such collector's roll 13 being luade up, but any error of the clerk in laakinjj up his roll shail not bo coucli'sive on Jiny ratepaver who shall be rtrroneoimly ralod or enf^Toti iher>'in, nor shall the ■:i88P8Siiieut roll bo any evidtuce as to wanth^r such nitepayor is a supporter of the Pubho Schools or «>f the Ri)man Catholic ."-^epiirate ScboolB. ' This section of Mr. Meredith's Bill sets aside all the machinery provided by the niunici|ul law for thts revision and corrcflion of tho ;i>.>tssment roll, arul |)iaccs in the hands of the clerk the povrer, without appeal, of deteruiining who shall be Public and who shall be Separate School supporters. The Bill dues not pro- vide for any appeal to the Court of Revision or to the <"'(>unty Judifp. The Bill simply threw everythinn' upon the clerk, whose duty it should be to do so and so. It errors occurred then the collector's roll would not be conclusive according,' to this clause. The whole thing would be left in doubt. Lender the Assessment Act the assessment roil when conlirmod bv th."" Court of fievision is bindir'g on ah parties concerne Schnola it was the Consorvative parly who supported them in their claim, and obtained from thorn, at the risk o!" losa of deataand influence, their now recognised ritjhts. It ill became the Commissioner t > accuse the hou. member of West Toronto of being hostile to the Separate School system, and to attempt to make out that tliis allowed feolin^r was f^harod by the Conaerva- tive party. It was the leader ot the Government who had been hostile to it, 11 AMtlNDMBMS TO THE SCHOOL ACTS. and had voted a^iains'- the tonceseion of the right to have Sepitrate Schools. While he rec< yuistd the right of the Catholics to have Sfparaiu Schools, he did uot set) why no attempt Rhi.uKl be made to improve the flyatttn. The Commiaaiouor said that the Uiil must b« rt j -cted because of the speecti oi the mover. According to him. a Bid waa to be rejected, uot on it:^ metita, but accordinj{ to the speech deliveind by the mover. Hu knew noihint,' of the Bti»leof Separate Schools in TofMiiti^, but so far as Loudon waa concerned he believed they wer^ well conducted. He did not favor forcing tho balh t syptora upon tho Separate IJcLool supponors if thoy did not want it, but he supported the pr.poftiiioii V) extend the ballot to tho Public School elcctioua." [Mr Meredith afterwarc.s quoted from the rf^port of hi.s a|>eech in the Globe to the effect tliat be would not force the ballot upon Separate Schools unless askud tor by a res|.ectable minority] They daw liere the dim outline of the adihvs.s to Irish electors of lyS'.i. He " did not favor forcing the ballot upon Sepanito School supporters ' if they did not desire it. That vva.s the attitude of" the hon. gentleman in 1882, only eight years aj,'o. He wotdd not force the. ballot upon the Separate Schools, and in tiuit rt'spect he v\as in harmony with tlie Hon. Mr. Morris. Mr. Morris .-said :— " "He did uui favor forcing the ballot upon the Separate Schools against the wiahea of their supporivr*', but as ht Luliovt'd the ballot ahouUl be inirohiced at our Common School elections, he f luld >;Mt support tb.f six uicntha' hoist. Ho wished to point out that the que-slion of the ballot had uuthiiig to do with tho exiatence of Separate Schuoia. Then Mr McMasier, another of hiy supporters, said : — " He was opj'osed to the introduction of the ballot in the Separate Schools, and would not support the proposal in relation to the Public Sclo -is, becaaeo tht chatiice was not asked for, aiid it v/na uuwiae to be aiwavs imkenng with the law," An Arbitrary Change. Now, why thi< diange in the attitude of hon. gentlemen Oppo- sition < Why this new departure iu Public and Separate Schools elections ? Were we [.lepared to say that e\en in Public School elections the ballot .•should be applied in thi.s arbi- trary way ? Waa then,' any demand for it ? Had any petition been presented to the House for tins change in the; law ? liook how the matter stood. Amendment; wore made in 1883 where- by the Public Schools in cities, towns and incorporated villa f^es might adopt the ballot if they so de.six'd. There were 231 muni- cipalities under that Act whicli could have adopted it. It had been in operation now hve years, and only 91 munieijtalities had adopted iL. Should they now say to the' 140 which had not ati- opted this Act that they should not bo allowed any h nger to hive tb li. b b; sa ti' A.MKNDMKN'TS TO THE SrHOOL ACTS. 15 this optif'ii ? Was tliere any n 'Co sity for this course ? Au»j liesidcs, if it wore desirable to aj.p! ;• the btilhtt in this coercive \v;iy in cities, towns and incMrj)orat^' I \iilages, why not apply it tu every t'lofti(^n in whicli Public i^oh 'ols wereci-nc^-rned ' The^ had o,.S()0 such Public Schools in the Pi-ovince. His hon. fi-knd said the ballot was desirable, and tl;at the elections should be heM at the same time as the nmnicijial elections ; but he said in re- 'jjard to the 5,000 rural schools which were necessarily interested in L;*)od lei(is.lation a.s much as th-' others, "You niay continije the old system of votin;^,'' Then if the l.tallot wa.s so o n)ade <'ompulsorv. it wr„s of equal impoitance that t.ie interests of tlie High School should be [jrotccled, as proposed by his hon. friend for Public and Separate Schools. He waH incon- sistent in not going further and including the election of High School Trustees. BaUot hi Sf^parxfc Schools. Then he propof-ed to apply the ballot to the election of Separate School Tiustees, notwithstandiiig tliat in IS^s;:;: he said thev should iK)t be forced to adojtt the l>allot. What reason could he give Ujv this ? Wouhl he be able to show fhat Separate Sclool Trus- tees were anxious for the V>allot ? Would he be able to show that Separate School supporter^ were not free to elect their rt']>resentatives ? Di*.! not the hon. gentleman kii »w that it wa-< a very rnre thing to have an election ^"or Separate *^ch«x)l Trus- tees. They had in the Province or> Sepaiate Schools in 189o, to which a oouiprdsojy ballot would apply according to his Bill. and in only seven of these were there any elections at a'd. In all the othfcis the members were returned by acclamation, «o that if the ballot had been adopted it would ordy have applied t© 7 out ot' "1'. But did the hon. cr<'ntlenian believe that lo de- privo the Sepaiate School sup[)orters of the rigli^ to vote at. they did at the time the Rriti-h North America Act was parsed would not ije a violation of the ^Jon^titution ? Did he n<»t iini w that any violation of those provisitns was a violation of that A-t, and inbteail of beinj' a ifuardian of that OonsMtutioti was he not OCT making an inroad upon the Constitution which the House could hot sup{)ort i May it not be fairly argued open voting i- a privl- Icije within the mearnng of that Act, and tiie hon. geutlenian should show some reason the j>rivilege was one that oouli be withdrawn without a violation of tha* Act. IG AMENDMENTS TO TTTE SCHOOL ACTS. So Rfiason Given. Besides, li«? shouifl jrive them some reuson of a positive charac- ter for his i;ill. Was he prepared to show that better Separate School Trui^tees could be secured ? Was he pn^pared to show that intimidation was practined ? Did he want to imply i)y his h>ill that Separate School elections were now undoi the control of the Hierarchy and that only by a measure such as this could tlioy be emancipated from that 'control If so, the preamble should read " Whereas the Roman' CatholicK of Ontario were under iho domination of the Hierarchy of their church, th'^refore Her Ma- jesty, by- and with the advice and consent of the [je;^dslaLure, etc., enacts that Separat-- School elections should be by ballot." That was its intent and pui-pose. It plainly intimated as much, and he thouirht his hou. fri(mrnan Catholic majority prevailed, and that the Protestant Schools were the Separate Schools, would the Protestants consider tliemselves faiily frcated if legislation of this kin ' were forced upon them ? Supposing the balfot were forced upon the Protestants of Quebec contrary to their desire, what would be said of the "Roman Catho- lic maj'>rity there ? Would it nut be said—and no ny Sir .e in the r'ni-m '. The system of open voting prevailed everywhere in tliis Dominion, Init, notwithstanding this, the bon. member jroposed to enact this le«:i•i'^lation. 1 shall therefore ask the House to reject this measure; first, because thrve was no necessity for it, and, second, }>ecause it would eiitaij unnecessary expense upon those who did not desire to assume that expense, and, thirdly, because it was not shuwu to bo in harmou}' with the British ISurth America Act Mr. Creijhfonx Bill He would now come to a Bill introduced bv his hon. friend from North Grey. The laVor of amendint; the School Act seemed to be divided up among the hon. members opposite. The leader had evi'lcntly t«ikfn the heavy end. as he usually did, but the member for Isorth Grey ujidertook t<:' i.irin^' in a small Bill — only a few lines — but one which, he thought, would be adndtted to be unnecessary. lie proposed that the legislation of IfitJo and sub- sequent }eai's should be changed, and tlua no person emjdcA'ecrs of certain religious orders of tliO Komau Gadjolic Chureli wure exempted from Lxam- iuation. The hon. member pi'oposed to change this and not allow teachers of religions orders to teach a Separate School unless they pas.-.'d the same examination as Public Seiiool teachers He was surprised that an attack of this kind should f dl to the lot of the hon. member for North Giey. In the discusr^'uns of this House no member appeared to be more anxious to maintain the iiiteirrity of the B. N. A. Ac; than the hon. gentlemaii. Now he came to the House M'ith an iiict which the Dununion ( Jovernment without the slighte.'-r doulit, would be obliged to disallow. The bon. jrentleman was aware that Provincial control over educa- tional matters was carefully guai'ded and limited by the Con- feHeration Act. Section 9o of that Act reads ;i.s follows : " In and for each Province the Legislature may exclusively make laws in rolatiou to educalion, Buliject and according; to tho foilowiiii; provisions :" — 1. "Nothing in amh law shall prejudicially iflect any right or privilog© with respect to denominational achoola which any class of persona have oy law in the Province at the union." 2. •' All the powers, privdego', at)d duties at the union by law conferred and imposed in Upper Cauiida on the Separate School and School Trustees of 16 AMKM'MLNTy TO IIIK SriJOOL ACTS. the (^neeii's itoin»n Oatholic lubject* sha'l be, and the same are here' y ex- tendt'd tu the di^smticiit schools t.f the Vi-'*o\ frott-ataiit and Iluuian (.'a'.holic snlj •;ts in Q.i^. i>oc." 3. " Whert' in any Frcrirci? « system of Sei>arate or dissentient .School* exiBfp by law at the ruirp, or is there«fter established by tlie LetjiKla' ire <»f the Prc'Vince, au appeal ^ha.i lie to the Governor rten'Tftl iu Council trto. any Act or decision of any Protestant or Roman Catholic miaoiity of the Queen't< subj'cra ii: relat'on to education." 4. " In case any I'rovinci: i law .la from time to time so. ma to the Coremor- General in Council requisite for the due cxecu'ion of the provisions of this section i* not made, or in case any decisii.n of the (i( vtrnur-' icnera! in O-'uri oil, vT a'lv .iifpeai under ihia section, is not duly executed by 'he pr-.per Provinoiul authority lu that behalf, then and in every such v ase, ar,d as far ctdy IB the circumstar.C'es of each lequrre, the rarliament may make r< medial laws for the due execution of the provisions < f thid ?err.ion aud of any decs- ion of the tjovemor-tiieneral in Council under this secticn." 6'' /•"'?'/''/• 'hail a Mere Veto. Tho power thus reserved to the Dominion Government is ex- cot'diiigiy comprehensive. It is far wider than the ordinary veto power exercised over Pr<.vineiai Legi.slntion, iniismueh as it not only authori'«ed tho ^Jjvernor in Council to d'-^allow lecri.slation of tliis House or any other Province, but it authorises the Don.ini >n Parliament to make ron •• Jial le^rislation. Let mo n6w ask the hon. gentleman ;Mr. C'ro'^hton) if he i< prepared lo promote such lei^islation in this House as will justifv the Dominim Government no*: to interfere hy a simple veto, but by legislation, to say what remedies shall be applied, oi what relief" afforded in case tne Bouse adopt the Bill which he has j'lst prr.posed. l)oes l:e wi--h to renew the contest of the pa«t few years with respecL to Provincin! rights. He must know that the right conferred Tipon certain Religious Orders of the Roman (Jatholic ('};iirch to teach in Sepamte Schools was vcrv oaretiilK letined by the Act of 18C:l i'y Section LS of that" Act it w^^ providi^\l that " The teachers of Separate Schools under this Act shall be subject to the iivQie examii;atiiinf, ai.d receive tiieir certificates of rjualitication iu the aacie manner as Oomnion school teachers generally ; provided, that persons qua'.i- tied by l\vr an teachers j)oUiii- bilit}' of introducing' the araeLditent proposed hy the hon. iiieai- ber for North Grey (Mr. Crtrigliton), shows that he wa^ not pivp.'uod to commit himself directly to such an infraction of the (jonstiLiUion. Start din J of Bell-jioxis Teachers. But apart from this pba.se of the question, before the House adopts such a bill, the hon. Euembtr should prove two things: — first, tliat thorie wi;o were member:* of the religious orders of the K, C. Church wcrt- inferiT as t. etchers to ihote parted in the Public Schools. Is it true that the mem^jersof tht Relicrious Orders of the Roman ♦..'atliolic Churcli are iiiferior in literary artainmcuts ? i uuder- ■tand they follow the curriculum of the Earate Sc'iools, without submittini? one tittle of evidence to the House that they were inferior either in literary- or professional attainments to the jrdinarv iav teachers. p Standing ff P'^piie, If the hon. memVer was unaL.e lo pruve inferior attainnicnta iu these teachers what could he prove with regard to the tiaiuing received by })U})ils in these schools i The impresbdon has gone abroad that the training received in the Separate Schools was 20 AMESl'MEXTS TO THE SCHOOL -ACTS. inferior to tho traininc; i-eeeivet] in the Pahlio Schoola Of this he could not spoak }»ei-soii;ill3% .is he had never visiter! any of tho^e •schools, but ho had l)efore hiia re| orU oi Ui<_rh School In- spe(.tors ar to ihe genenii olfieieucy r f these schools, made at the time when thev were then re^jular ?n-€CTors of Separate Schools. What do these reports show f In 1805 the late Profes&or Vouiig reported as toliows in regard to several of r^e schools : — *• BrcokTiJle, 14th Sept., 1SC5. " I found, that, though they had b«»en drilled to arswjr, in tuia (Huttory) as in pvpry other subject, in too rifjii /at advanced in the school. 1 Eave thetu such w.>r. " I exaiiunod the highest division somewhat minutely. Their reading was not more than ordinarily good. Spelling', fair. English (Jramniar is well taught. E*roHab'y oue-hidf of the b'«y3 m the school are defectivj in their knowledge (>i Knglish Graniraar ; bat a cousiierable nuni'jor an; able topiirse m such an inteiliiient nuiiiier :i3 curvDcei me tii.il tho iufitructiou given in ihit branch is fitted t' male good grammarians of at least the moreattoativ,? and clever pupils.'' . "Hamilton, March, 18G(>. " In consequence of the resiem-ition and absence i the Master of the Boys Division, I was anskble to ejamuie t:iat Divisiin. T minutely examined the Girls' Division {li). I was verj- much satislied with the manner in which this Divisi>>n .a taii^du. The most a>tvanced class, alone with three younirer jjiria, could uufconly read ami spL-U wcjI. out also punsessed a most oreditabie kuowledge of English Grammar. I nave referred to this in iny report to the Chief Superinteudeui, published in h.o Annual riepvirt lor ISOo." luspeotor ^lariing ^aid of the School at Banie in 1874 : — *' I examined several classt^s, Third Header, Christian Brother serias. two boys' and four girls'. Their reading was eic«llent, pronunciation, intonation, punctuatioit, definitions, n.il g'jixl to a deg.-ee seldom witnessed by uie in any Canadian school. It wns apl »aaure to lisi-a to these piipiia. The boys vrore not, however, equal +-0 the girls." Aud of file Scliool at Elora, in the same year: — *' The chiJ'lren were mostly vi-ry young. I examined the -1th dajaa [:\ read- ing, geography aud arithmetit;, i^j work waa all ubove the average, some of AMENDMENrS lu THK SCHOOL ACTS. til the arithmetic and much of ihe'i eography l)eiiig roally excellent. Thereat- neas and ir.an'unfsa of the JH4 ila were iiiost gratifyintj. Tho toacher la enprgftic and interested in her wirk. The school is held iu ;^ wxiail but neat and clean building behind -.he Church." Inspector ruch. n said of the School at Guel|>h i'» 1*^74 :~ " These Schoc'ls ntfer a striking contrast in orgr.Ti zatiou nrd order to the (.luelph Public ftch*. 'le. This is parti :ti:arly true <-t the i;i-ls' school, whicli is remarkably wtl! manai^pil. < »ne of the sisters. JSi.ster Maiv Aluysiua, was formerly a hUideut nt the Normal School, and is a very superior person, and i very clever teacher. And also of the School at Godcrich in the same y<.'ar . — " The onler was jjood. T examined the best pvipils Urst m dictation, in which they failed, and afterwards in aruhmttic, in which tliey wore more successful. In fact they did better in arithmetic »haii the pr.pils ui the high- est division of the Oodench Central Schuol." In 1861 Dr. Mc Lei Ian reports as follows : — " Lmdsay, Ist and 2nd May, 18^1. "■ Accommodations, — Excellent. The School is a line structure— large rooms, Well venflattjd, etc.. with beautiful .^rcunds. •' Four w tU n jilifitH- teachers — two male and t-xo female. ?.lr. Whitt\ the Head Master, holds a First A. obtained at a recent examination at whiah he ■ secured a very high standing. There is a •/" ■' s'ipr y of •! e'uioals und chemical app:^ratii8. '• The ciissiticalion is aatisfactory. (,>f Cw irso ;ho tii'u I .M;iStcr has a iark'C r.UTuber of cL"J>aes to teach, as he has quite a immbor preparinij tor tli-- Utf-r mediate Examination. •*/?<:»?, •»rA.>f superior teaching.' Now the House will observe that I am not quotiiiL;- the reports of the Separate School I nspeetorj^, although I would have a ri^'ht to do so, to corro'.orat'" my statenientii Do these reports show inferiority ? Certainly not. Then what of the lay teachers employed. ? Of the 190 Separate School teachers who hold Certificates under the Public Schools Act, S held First Class Certiticates ; 4S Second Class CertiHcates; St Third Class Certiii- cates ; the remainder holding District Certiticates, Permits or Old Co. Board Certiticates. •49 AMINDME>Ti* Tu TEE Si.MOOL ACTS. l\ -tnU iii S^p'irj.U SchooU. Tlien if we turn to &■■ 'v^j^ ScLooIs what do \v»* fin J the lait tive venrs .f;i ..l-s, ;t 1 ■: in some of our Separate > r.-irale Scliuol.s years pn.s.^od 7"' 15 f>r >«ec.»nd Clais. Of coui ;e ;/t^iered that the eiir- V .'Aiue aa the curriciiluin ■!.a* can-' Isolate*! cases, I ut it i ricuhmi for for i'ui'iic *-^ c.i. I .". cither Thir^ - -vod t. .^ truio Uie Public Schools. The Hou-Svi- nuist not a-^suiue.. however, that the stanc'iard at- la. • to which reference i> made will apply uui- £.. • ^' * f'rovince. As inspectors of -.. . . . -i:. . .^ ,..- . ::r. .ive joiuted out in their reports, ther*» ^n- many seh*:h"5 BIIJ* I come now to cunsider the bill intr'.»luc<.-' . "'in municipalities where both a Sv'parate an 1 i._- ~ . . _ -^cn established. And. as in the other ca-^e, l mast exp^'r^.•^ iny surprise at the [jvoposal made by niv hon. friend The hon. geufleman was a member of the House and a cons-ntinT j^-ajty i; the amendment made in IS'^'J, which htr n -w ■■• "osc:* to rei-ri!- He was not av.are that he had mane anv ..n to ii a: rhat time. What chanije lui'l come over him since then f By what process had he been in- s^mctcdas to the amendruent he then •vupfK.ited an«l Laeitly k'oted for? — for the amendment \.~.' =.--ed uuanimously. Wlia':. \va.s his reason for intruducir.,- t^ .. • The grounds on which this amendment had been intr- duce-i in the fir^t instance were practi- cady as follows : — It wa- thought de-irabie that there should be a direct conn^J•tion h^etweta Separat- " \ Is and High Schools, for it was shown that while R^man L-^.-'-..ics were taxed tor the maintenance t-f High Sch -ols. as other supporter weie, and hail to pay part of the cost ot erecting ihe-^^e -chools, they were practi- cally ignored in the administration cf their atiaii-s. Municipal A M h N VM 1 , N TS T( . T f f F, St U i>. I. A'^TS. 23 jr tii'. ^eiu(JIH or lu-voi ipj)(.int» for eUnicntaiy cluca'ional r •■ S. -y wa-; not foi- t\:vu\, an.l that t' , A'itairji-tratijn. They miglit pay taxes h^v *h^ - Scboc'lh ^::t they njust not hv aUovreil : -•. That was the moanitiL,' i.f Mr. I _-iu: anytliing.. fluinan CathoHcs ha . ;. r. If 11 ay-peared- that those, attendincr '^^eparaie ."^ ~ were le- ^«a.rred by any discriminati'-n or; • ; > a'-: f Manieipal Councils frowi ending their children to the High S: - it was riirht and '--T»er that the law should be changefl t". -Lis ditiicultv. • a~ it not desirable that the HoiLse shou^.- jcioe Rornaa Catholics as well as Protectants ^ pponunities for a higher education I If the matter wa,s dis- --•^ i fr^m the broad national stiir-dp int it mast l>e admitted -.: -t tl.e hij;her and better the educutior - -red by Roman C*iWdcs the better for the country, arid :h Schoci pupils coaid only be multiplied by thousands in^ea - - - hundreds it ■srould be better for the ednratit nal and iEiolie-jiiiai iiidependyn e (*i the e^'untry and for its fjeneral '• - "■• K -t appeared iLat by this aniendnienf to the Sepa; a3K.*f at the Hif^fh Schools had been incret ia the public interest. !!»Ir. PVenchs amenduwi ir^sttaj of beinfj progressive, and mu>t be r?*:-.:: ii.ua by evoi y T--rs '■! who believed iu higher education. Yh- H"use C' uM not ^ '. pt it if it Ix'lievcd in the views of 'h-e ealer of the opposition, that the Separate Schools sh' . prove-l, as "he lid insisted in his manifesto of lS8>i. wi\e:e oc said that al- iL ugh some might regret that such instjCatiTn?. existed, yet it was the dut}' of the Government U:> make tiiem as efficient a^ j-osaibie, and to see that they performe'i the fuaaions for which ht- att^^ud- :OWn t ' : retrog! 24 AMENDMENTS TO THE SCTIOOL ACTS. they were (iesigned. Now, Separate Schools were designed, first, to prepare for citizenship young men who couid not otherwise receive the advantM;:;:e,s of education, and their function was also to prepare the sons of Roman Catholics as well as Protest- ants for the learned professions and the higher walks of life ; and how oould thi*; be better done than by encouraging them to pre- pare for entrance into the High Schools ? Increased Attendance at Jlojh Sekools. It will be satisfactory to the House to know that the nmnber of Separate School jjiipils anxious to enter the High Schools has materially i?icreased since 1885. Ins)»ector White informs me that in the Western Division, which is all that section of the Pro-^ vince west of Toronto, only 105 wrote at the Entrance Examina- tion in that year, whereas 170 wrote in 1889. This is an increase of nearly 70 }ter cent. ; while the number who passed in 1885 was 55, the number in 1880 was 01. Inspector Donovan says tliat the increase in the number of candidates writing at the Entrance Examination between 1885 and 1889 in the Eastern Divisioji was 95 per cent. Therr* has, therefore, been a sul)stantial increase in the number of Separate School pupils who i)repaj*ed themselvtis for examination, and were succebsful in passing since these schools were allowed a representative on High School Boards. It will also be satisfactory to the House to know that 5S per cut. of those who came up fr<'.)m the Separate Schools for the Entrance Examinations last year were successful in j^assing, the per cent- age for the Public Schools being only 59 per cent., or 1 per cent, greater. But there are other evidences that the changes made in the law which the hon. gentleman from Grcnville appears so anxious t(* pet aside, have been beneficial. For instance, the attendance at our High Schools has increased from 14,-250 in 1885. to 17,71-2 in 1888. From some cause or another grcatei- libei-ality has been shown in the maintenance of Separate Schools. During the last few years the total expenditure increasing from S201,5o 1 in 1885, to $200,000 in 1888. In Ottawa, Kingston, Brock ville, St. Catharines and Hamilton, large and convenient Separate Schools have been enacted, and the comfort of teacheis and pupils materially pronioted. Let me ask the Hou>e, ih it not desi)able to encouiage supporters of Separate Schools in their laudable etforts to improve the scliool accommo- dations { The public opinion created even by the larger pupils AMENDSdfcN'TS TO THF SCHOOL ACTS. 25 who attend the High Schools is a stiuiulus to both ratepayers and trustees. Mow shall we withdraw tlmt stimulus by accepting the bill proposed by the hon. grntlenian ? Other Reasons. But there was another reason why Mr Fi»-ni;h'.<3 bill shouM not ])ass. Tlie House delibeiuteiy, in l>b5, gave Stpirate .Sehuol' Boards a right to representation on Higli School Boards. The House would need very s'trcmg evidence that its action then was unwise before it wou!(l be justified in repealing the Act. Some- times it was urged by hon. gentlemen opposite that the Separate. School Act was a mistake, and that it was sub^'orsive of the unity of spirit that should prevail in the country — a unity such as the people of Ontario were suj^posed to desire. Admitting this to be the oase for the nioiuenb, I caraiot see how the passage of Mr, French's bill would pvomoie that feeling of unity. Under the ]nesont High School system, and since the amendment of 188G, Public and Separate School chiireciatinn of Hiiih Schools. Was he perfectly sincere in his p.roposition ;• Wa.^ his logic p..'rfectly faultless ? If he was sinceie in the one c.^se and really wished to bring Separate School children and Public School children together in the Pul)lic School, I cannot see how l>e could ask the House to withdraw from Sepa- rate- School Boards the representation they now enjoyed on High School Boards. Should it be said that the Legislature of the Protestant Pro- vince of Ontario w;is so tmfair as to throw any obstacle in the wav of all classes availinu' th»?inselveH of uiLdn-r education ? Look at the ProvincLil University. All classes wQre y the Public Schools, because no wron^ handon, as well as the bills propose. i' by Mr. Creighton and tlie one proposed by Mr. b'rencli, should be un- hesitatingly U'i^•cte(l, lirst, because it has not been shown, and cannot be sh^ivvn, that they would serve any u.seful pu rpo.se, and second, Viecause they would be reiioactivo if not nncon.stitutiouai. I believe it is tl;e duty of the House in unmistakable terms to ex- press its ( ntire and unsiiakeit confidence in the solemn trt-atv enteic't uito at the time of ConfcdtiaLion. U surely cannot be that the Province of Ontario, contaiidng nearlj' one-ha'f the entire population ef the Dominion, will be the Hrst Province to encjoich upon th'.^ [)n vilegesguaranteed to minoiities by the B X A. Act. As hibeials it is our duty to maintain atul defend the constitution from encroachment fi-om every (juartei. The Liberal patty, which was in a maj-nity in the House, was the party most active in promoting the federation of tlie I'rovinces by whieh this question was removed lo a laig<^ extent from the'an u i ef party politics. Was it not the duty of the Liberal party which had brought about the Confederation of the Provinces, to i•rotc.^t against any invasion of the B, N. A. Act that would disturb the I AMF.NDMIMS T battles of Piovincial Riirhts had been foutj^ht. Now, however, the attack ou the < 'onstitution had come from within the House, had come from hon. gentleujen who avowed themselves at one time the championn of the constitu- tional rights of (Jutario,.and (;{ the solidaiity of the Dominion. Tt was they who now as.saMlted the Act with a view to depriving a certain portion of the people ot tiie right.s and privileges which that Act had conferred upon them. The House sliould resist assaults from within jiist as it had resisted assaults from without, and should place once more upon record thattiie rights guaranteed to '.ninorities in Ontario .ind Quebec, and all other rights guaran- teed therein, should be ]>rest rved intact and inviolate so far as legislation in thi., Flouso was concerned. They could not expect to build up a great Dominion or Confedenition if they were con- tinually pulling their Constitution to pieces and endeavouring to replace the broken parts. Canadians would never become a ho- mogeneous people if questions ot race and creed were being con- tinually raised. He appealed to the hon. gentlemen opposite in the interests of their common countrv, and of tiiat unitv which tiiey all desired, U> withdraw thi-se bills, which could have no tfJect but to create suspicion and liistrust in the minds of a large section of the community. He apj'caled to the House on yet another ground to i-eject these bills. It was the duty and the prerogative of the House to be just and generous to minorities. That had been the pniiciplu upon which all the legisiation of the Biitish Kmpire luul been Imsed in do^aling with Canada since the days when (Colonial Covernmeni was first established in this country. Hence arose in the tirst phiee the Constitution of 1791, which was intc>nded to protect the people of (Ontario, or Upper Canada, as it then was, from what was supposed to be the domination of the majority of Quebec. This was the first in- stance of any form of constitutionai government in Upper Canada. Then came the Constitution of bH41, which was based on the same principle of generosity to the minonty. The minority had been trampled upon by an (rre.sponsible Executive, which was supported by a Family Compact. Wrongs were righted as far as was pos- sible, responsibl(» government introduced, and the grievances of the minority remedied so far as the statesmen of the day were able. Then", finally, came the h. N. A. Act of 1S67, which con- 28 AMENDMENTS TO THE SCHOOL ACTS. tained the same principles in its method of dealini^ with rainor- ite.!. So if they w t- re to follow the oxamplf! of the Imperial Gov- ernment in legislation of this kiuJ, if they desired to show to the minority that they conld be a.s just and generous as the Imperial Parliament was, then they would not re-open a question that had been settled at Confederation, and \rould not infrinij;v. upon the privileges that had been guaranteed to the minority by a solemn compaet ratified by the Imperial Parliament, and confirmed by the sign manual of Her Gracious Majesty. For this reason he hoped the House would reject the bills of hon, gentlemen opposite, and aadress themselves with calnmess and deliberation to simplify the machinery of the Act in the manner suggosr.ed in liis own bill. (The Hon. Mr. Ross was followed by Mr. Meredith, to whom the Hon. Mr. Fraser replied.) iJ«ENDMENlS TO TOE SCHOOL ACTS. 29 Mr. Rop? Bill An Act to amend tbe Public and Separate Schools Acts. nER MAJESTY, by and with -ho advice and conaont of the Legislative As- aeuihly of the Province of Ontario, enacts as follows ; 1 The clerk of < v^ry m.inicipaUtj ./«?/ forthtvith after the paasiag ot tim Act,' eater m a cnveaient index bock, and m alphabetical ..rder, the name of every r^^tnoa ^ho has given to him or any formeiclerk of the munic^p^iny notice in writing; that such person is a Roman (latholic and .. supporter ot a separato school in or conUf:uons to the nmnioipahty, as provided by trie .nh section of The Sn"^rat. Sch -. Act, or by previou. Act. renpecting ^p^^rate 3cVool8 ; the clerk shall also enter opposite to the name, and m a co. a urn for m. purpose, the date on which the notice was r.ceive.l and in a ^hlrd column opposite the name any notice by such r ersou of ^vithd^awal from sup- porting a separate Bchool, as provided oy the 47th aecttoa of the .aid Act. or by aoy^uch oth.r Act as atorc-said, wirh the date of such withdrawal : cr any disaliowance of the notice by the court of revision or county judge with the date of such disallowance. The Inde. book may be m the form set on. lutne schedule to this Act, and bball be ope. 'o u^p^^tum nu ratepayers. n The clerk shall enter in the same book, and in the proper alphabetical pla-Ie therein, all buou notices hereaftev from time to dme receivea by tne clerk. (;r It sball be the duty of the clerk to file and carefully preaer^-e aU nuch notices which have been heretofore .ece.ved, or shall hereafter be received. ^i in the case of a municipality in which there are supporters of a Roman Catholic separate school therein, or contiguous thereto th.re -^-^\^ '^^^^'f in conspicuouB characters, or written acrosa or on the accessor sautce^ evory rl.,.ayer, provided for by the 47ch sectioti of Tt. As^^^m^nt A^i, and s:t Lch n/sc'Jdule B. to the said Act, in addition to the P-per en^r, heretofore required, to be made in the column reB,,eotmg the schoo. tax.^the fallowing word.s : -You are a3.es.ed as a sepa.te school -PP-^-;^;j .' You are assessed as a publi. school .upporter,' as the ca.o may be , .r .e^ word., may be added to the notice of the ratepayer set lonh m the said schedule. 3 Where the list required by the first section of this Act is prepared the assessor is to be guided thereby iu ascerUdning ^^^^^^^^ fT^^Z which are by law necessary, in order to entitle supporters of Roman C.th .he separate schools to exemption from the public Hchoo. tax. so AMKNDMLN'TS TO TUE SCHOOL ACTS. 4. The statement made under the second suli-section of the 43th section of The Separate School -Act, or the fourtetiith subsection <)f The Assessment Act, moans, and has always meant, a statement made to the assessor ou be- half of the rateprver by his authority, and not otherwise. 5. In case of its appearing to the municipal onncil of any nninicipality after the final reviBion of the asaessment roll, that through sume mistake or inad Vcjrttnico any ratepayors have uebn placed in the ftrong school tax column, either as supporters of separate schools or supporters oi public, schools, it shall be competent for the municipal council after due enquiry and notice to correct sUch errors if sucli council sees fit, by direoiing the amount of the tax of auc'.i ratepayers to bo paid to tlie proper school board. Bvit it shall not bo com- petent for the council to reverse the decision of the court of revision or the county court judge as to any ratepayer. (2) In case of such action by a municipal council the ratepayer shall be liable for the same amount of school tax as if he had in the tiriit instance been entered on the toll properly. SCHEDULE. (Section 1.) Form of Index Book for Roman Catholic Separate. School Supporters. Names. Allen, John Ardayh, Joseph . , , Ashbridj^e, Ruhei-t Notices clnimin? pxemjitinn from publi: foh-iol tax, whon received. 3rd Febniary, 1889, ;Jrcl Febiviarj-, 1889. .^ivl February, I8S;i. Remarks. Notice of withdrawal r«*ne)vtd 1st, January, 1800. Disallowed by Tourt of Re vision, 1st Juno, 1861). ^fl•. Meredith's lliU. V'} rVct respecting Separate School Supporters. \V;.' 3 fivery ratepayer ou^dit to be by law prima facii a public school :. '{M-nrtti aiv' no one should be rated a« a f{ .rn^tn Catholic separate school suppurtor n(;!'.?M he by' his own voluntary acl, declare.^ his intention to be a supporter of Hej-arate Schools in acc>rdaTice with the provisions of the litw ; AMKNDMEM'.S TU 'THE SCHOOL ACTS. ol Tlieref(-re Her Majosrty by and wiLa the advice and consent of the Logb lative Aesanibly of the T*oviuce of Oiitario, enacts as follows :— I. Notwilhstaiiding the provisions jf any act or la\t. t'> the contrary, no peraon othorwiso liabio for public scuooi ra as shall be exempt from the pay- mont thereof or be liable for the payment of ratts in support of a Roman Catholic separate school uulesfa he uhali have given the notice provided for by section 40 of T.ha Separ.ite ,'^'c/ioiy/,s Ad. "■i. It shall be the duty of the clerk (f the municipality in preparing ^Hector's roll thereof to place iu the coiunm of public aohool rates, the ra . . ^ the collector's roll thereof to place iu the coiunm of public aohool rates, the rates of every ratepayer who shall not have given the said notice so as, according to the provisions of the brad section and of this Act, to entitle him to exemp- tion from publi.: school rates for the year for wh'ch aiichcjl'ector's roll is be- ing made up, but a/.v <\>Tur of t!io clerk, iu making up his roll shall not b?. conclusive on any ratepjyer who piliai! bo erroneously rated or entered there- in, nor shall the assf ssinent roll be any evidence as to wh'jther sjch ratepayer is a supporter of the public schools or of the R-imau Catholic separate achoolu.