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OMTA.RIO
THE RECORD
OF THE
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IS YEARS
OF
PROGRESSIVE LEGISLATION
AND
HONEST ADMINISTRATION
1^
1872-1330.
j Copies of this Pamphlet can he had from W. T. R. P
erai Secretary Provinrial Liberal Association, 1\
Preston. Gen-
^oronto.
PRINTED BY HUNTER. ROSE & CO.
1890.
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^•P»rtmentofO«,^La„^^ *
department of ^grieultwe
Department of Edttoation
"« Tor, 8.p«to School PoUcr ■ -
^O^^eWp...^^^^^^ ... ..
The Briber 0««pi«ejr of 1884 * - •
^•cta Relating to the Cabinet ' *" - •
Th* New I>arliament Buildintt Hi.* '*. ^ - '•
Finaaoial SoKedul.. fih ^"*<'n<»l Sketch ..
(Addendaj '^.''°^-« l>«trib«tioa of P«biic k„„,.
1-2
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•• 4-18
• . 18-21
. 21-27
.. 28-40
■ • 41-43
• 44-52
. 53-Jl
• 72-83
• 84-93
94-138
139
141
343
145
146
148
151
166
16G
169
163
1-2
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3
4-18
THE ■R/EOOI?.r)
OF
THE MOWAT GOYERNMENT.
EIGHTEEN YEARS OF PROGRESSIVE LIBERAL LEGISLA-
TION AND ADMINISTRATION.
4-93
1
-138
I!
''I
139
141
143
145
143
148
151
156
166
In asking for the renewed confidence of the people of Ontario,
the present Liberal Administration may fairly base its claims
upon its record. The fact that, under its management, the affairs
of this Province have been successfully conducted for the long
period of eighteen years, that its money has been wisely expended
in the development of its resources, in the economical and efficient
direction of its public business, and in the establishment and
maintenance of its numerous charitable and educational institu-
lions, and that there has not, in all that time, been one charge of
corruption worthy of the time spent in its discussion, which could
be sr.stained, must surely commend itself to all who desire to have
the affairs of the,ir country wisely and honestly administered.
There is no serious attack on any ground of public policy. The
questions indicated as the bases of objection are those upon which
the people of Ontario have time and again pronounced. The
chief of the chosen points of attack are such as are calculated to
excite religious animosity among those who should be friends as
eitizens of a common country ; and the bad faith of this attack
2
THE MOWAT GOVERNMKNT,
is none the less manifest from the fact that it is made by parties
who, in a former campaign, by means of well-distributed election
documents, strove to convince the interested minority that they
were their only friends, and that the present party in power in
Ontario had been guilty of illiberal and violent opposition to them
ever since they were entrusted with power. It may be the privilege
of the friends of this Government to point out this inconsistency,
and to show that while every just and proper concession has been
made, as was reasonable on the ground of proportionate numeri-
cal strength, no pandering has been resorted to for political
purposes. Much better is this liberal and fair acknowledgment of
citizenship and right than the policy which is followed in the
changed professions of opponents, which picks out and decries
every such reasonable concession, and which objects to the enjoy-
ment of civil and political rights by large numbers of their
countrymen on the ground of their religion. These matters will
be discussed, in theii- proper department, in a subsequent portion
of this book.
lleferonce has been made to the long term of administration of
this Government as proof of the general confidence of the
people, and of their hearty satisfaction with its management
of the public business. Such continuous confidence was never
before extended to any Premier or Cabinet, in either the Mother
Land or any of the Colonies. The nearest approach to this
manifestation of public approval is found in the history of the
first Pitt Ministry, which remained in power from December
19th. 1783, until March 14th, 1801.* At this date that term
has already been exceeded in H'>n. Oliver Mowat's experi-
ence. Thus has the longest record in the annals of British
parliamentar}' governjaent been distanced by this Canadian
statesman, whose personal character and administrative record
are without a stain. It certainly would not be wise or safe
to make a change at this juncture. It is •believed that the
friends of this Government, all over the Province, will spring to
the charge, as of old, in the coming campaign ; and for their use
the facts and reports contained in this book are collated from
the records. The most important of the transactions of the past
eighteen years, in legislation and administration, may be fojnd
classified under appropriate headings.
* Todd'a Piirliameal ry Government, pageH 14J and 148.
THE MOWAT GOVERNMENT.
LEGISL4TION.
Private BUla.
All acts of Parliament ave divided into two classes, "Public"
and "Private," and it will be convenient to consider the latter
jfirst. It is difficult to draw any sharp line of distinction between
these classes, because all statutes have more or less to do with
the definition of public rights. The Legislative Assembly of On-
tario treats all Bills as "Private," which grant to any party or
parties the right to erect bridges ; to make turnpike roads or rail-
roads ; to construct harbours, canals, locks, dams, slides, and simi-
lar works ; to run ferries ; to form joint stock companies ; or
generally, to exercise any exclusive or peculiar privileges what-
ever, or to do anything that would affect the rights or property
of other parties. With respect to this kind of legislation, Mr.
Bourinot, in his "Parliamentary Procedure and Practice," makes
the following remarks ;
"In a country like Canada, with its immense extent of territory, and var-
ied material resources, private bill legislation must necessarily form a very
important part of the work of the Parliament and the Legislatures of the
Dominion. One of the advantages of the federal union has been the distri-
bution amongst several legislative bodies of an immense amount of work
that otherwise would have embarrassed a single legislature. * * * Since
1867 the Dominion Parliament has passed more than 1,400 Acts, of which
C50 have been for private objects in the parliamentary sense of the term,
that is to say, for the incorporation of railway, land, insurance, and other
companies and bodies, many of which illustrate the development of the
country from a material, intellectual, and social point of riew. During the
same period the Legislatures of the Provinces of Canada have passed between
6,000 and 7,000, of which upwards of two-thirds relate to local or private
objects. Thes^ figures show not only the legislative activity of Canada, but
the value of local or provincial freedom of notion iu all matters that necessar-
ily and properly fall within the constitutional functions of the several Leg-
islatures."
The above figures included the legislation of 1884. In
the six years since that period the number of private bills passed
hy all the Legislatures has very greatly increased — the total
number passed by the Ontario Parliament up to the present time
being nearly 1,500.
Public Bills.
Public bills are intended to have " a public and general oper-
ation ;" they " concern the whole community though only m a
particular matter." Some of them are introduced into the Legisla-
tive Assembly by Ministers of the Crown, and for these the Min-
f|
i2iia±.
%' THE MCWAT GOVERNMENT.
istry are, of course, directly and collectively responsible ; they are
indirectly but no less fully responsible for such public bills, in-
troduced by private members, as they allow to pass into law. As
there is only one Chamber in the Ontario Legislature it is an ab-
solute necessity, in order to ensure sound legislation, that the
Ministry at whose instance, or under whose auspices, all Public
Statutes are passed, should be collectively possessed of gieat
legal, business, and parliamentary experience. The character of
the public general Acts passed since 1872 is the best evidence
that these qualities have throughout its long rdghnc characteriz-
ed the Mowat administration, and that all public measures have
been subjected during their passage through Parliament to the
most careful and skilful scrutiny.
PARLIAMENTARY INSTITtTlONS,
•11
Under the authority of the British North America Act the
Ontario Legislature may make any change it pleases in the Con-
stitution of the Province, " except as regards the office gf the
Lieutenant-Governor." This power it has from time to time
freely exercised, and the changes may have been steadily in the
direction of popular government, but have been at the same time
so well-considered that the current of progress has always been
smooth. A political revolution has taken place, but so quietly
that only close observers are in a position to estimate accurately
the extent of the changes that have been effected. These changes
relate (1) to the constitution, powers and privileges of the Legis-
lative Assembly, and (2) to the representation of the people in
Parliament
Qualification of Electore.
Prior to the General Election of 1871, which brought the Lib-
eral party into power, the right to vote at Parliamentary Elec-
tions was confined to owners, tenants or occupants of real proper-
ty to the value of $400 in cities, $300 in towns, and $200 in
townships and incorporated villages. The franchise was i^ purely
property franchise.
In the year 1874, an Act was passed extending the right of
voting to persons earning an income of not less than $400.
In 1877 the franchise was extended to farmers' sons, not
themselves owners of property and not in receipt of income, but
resident on a father's farm.
It will be observed from the foregoing that this Liberal Got-
THE MOWAT QOVERNMENT. 6
ernment were aa rapidly as possible approaching the principle of
"Manhood Suffrage," which would confer the suffrage on all
male subjects of Her Majesty the Queen who had arrived at the
age of manhood, unless legally disqualified or prohibited, irre-
spective of property or income qualification. They followed
their liberal legislation in this direction, in 1888, by the intro-
duction of an A^ct for that purpose, which was passed, and is now
the law of the land. This grand measure is entitled, "iln -4c<
to establish Manhood Sufrage for tJie Legislative Assembly ; "
and its simple enactments remove all bar to the exercise of the
francliise, on the easy terms set forth in its provisions.
It was thus reserved for this Government to show its good
faith in its own acts of legislation and administration, and its
confidence in the judgment of the greatly enlarged constituency
which it invited to j^ronounce upon them. It followed this meas-
ure in the succeeding year by a new Voters' List Act, which
will be referred to under the next heading, and by the Fianchise
Assessment Act of 1889, both of which were supplementary
to the " Manhood Suffrage Act," and iotended to supply the
means, as to registration, etc., for the carrying out of its provis-
ions. No British subject, 21 years old, thus, needs hereafter be
deprived of a vote in elections for this Assembly.
Registration of Electors.
Prior to the General Election of 1871. under the former Gov-
ernment, the system of registering voters was very defective.
The clerk of each municipality was bound by an Act passed
in 1868 to prepare each year a list of persons entitled to vote,
as shown by the assessment roll, but the checks upon the perpe-
tration of frauds by either the assessors or the clerks" were very
inadequate.
In 1874 an Act was passed which required the clerk to
print 200 copies of his list and give them due publicity.
In 1876 an Act was passed amending and consolidating the
law respecting voters' lists, and repealing all previous enactments
prescribing the method of registering voters.
In 1878 an Act was passed making the voters' list, as
revised by the County Judge, " final and conclusive evidence " of
the right to vote except in certain specified cases, the object
being to lessen the cost of conducting a scrutiny of the votes
polled in a contested election.
In 1879 an Act was passed giving the County Judge addi-
tional powers in the revision of the lists, and especially author-
6
THE MOWAT GOVERNMENT.
izing him to correct mistakes without application having been
previously made for that purpose, and to do this according to
the evidence submitted to him.
The great extension of the electoral franchise which took
place in 1885 made necessary certain changes in the method
of registering voters, and these were embodied in the " Votera'
Lists Amendment Act" of that year, special care being taken
to guard the rights of "wage-earners " and " landholders* sons."
The Act requires the assessor to enter the names of persons com-
in;;* under these descriptions " without any request in that be-
half," and authorizes* " any person " who is himself a voter to ap-
])ly for the insertion of any wage-earner's or landholder's son's
name in the voters* list.
In 1889 there was passed " The Ontario Voters' Lists Act,
1889," which provided the method of preparing and revising
the lists, and registering the names of voters, in conformity with
the Manhood Suffrage Act, passed the year before.
Manner of Conducting Elect ions.
Previous to the General Election of 1871, the law required the
deputy-returning officer to record the votes given for each candi-
date at his polling-place, the voter stating publicly for whom he
voted. This system gave rise to great abuses, more especially
bribery and intimidation, and it was also a frequent cause of dis-
orderly conduct at polling-places.
By an Act passed in 1874, the system of voting by ballot was
introduced and passed by this Government, not only securing to
each voter the privilege of secrecy, but effectively suppressing all
the excitement and disorder caused by the publication from time
to time on polling day, of the state of the poll.
Attacks were made on the Ballot Act, by the Opposition,
in the session just closed, on the ground that it did not
secure the secrecy desired or intended. An amending measure,
proposing to provide for this alleged lack in the old one, was
moved by a prominent member of the Opposition. It was shown,
however, in reply, that this system,, which is the same as that in
u.^e in England, is as secret as any in the world ; and that under
the proposed amendment ballot-stuffing and personation could be
resorted to without detection, whereas under the present system
such crimes would be certain to be discovered and rectified by
the proceedings in a scrutiny of votes. The charge that there had
been cases of discovery of how votes had been cast, excepting in
THE MO WAT GOVKRKMENT. 7
cases of scrutiny, was absolutely- unfounded. Every official is
sworn to secrecy ; and the ballots, as soon em counted, are sealed
up, and returned to the proper officer of the Crown, who is also
sworn, unless in ewe they be required by an Election Court, to pre-
serve them inviolate. The only possible way in which a vote could
be discovered is by a deputy-returning officer remembering the
registration counterfoil number of a voter, and watching, at the
count, for the corresponding ballot. No man could possibly recol-
lect the numbers in this wav during the performance of his duties
at the polls, and keep track of the corresponding numbers, and
note the way in which the ballots were marked while counting
the votes. In any case, even if he could remember one or two in
this way, he is sworn to secrecy, and any act of perjury in reveal-
ing what he might discover would be severely punished under the
law. The Act has been in operation for fifteen years, and no case
of a disclosure of a vote has ever been complained of.
The restrictions just referred to were made still more effective
in the session just brought to a close, by the Act to amend the
Election Act as lo Secrecy of Voting. In addition to the strin-
gent forms of oaths to be taken by every official connected with
the polling or handling the ballots, provision is made for the
posting, at every polling place, of printed notifications warning the
public of the stringency of these regulations. "
In reply to the contention of the Opposition that the House of
Commons Ballot Act furnishes a form of absolute secrecy in vot-
ing, the opinion expressed by the Hon. Mr. Chapleau. Secretary
of State, in a recent discussion in the Dominion Parliament is
worthy of consideration :
" Mr. Chapleau said, . . . The hon. member for West Durham (Mr.
Blake) has stated that there were doubts as to the absolute secrecy of the
votes given under the present system. 1 have no doubt that if people wish
to know how others have voted, they can tind out, in a great many vases,
especially with regard to those who have not sufficient education to take
their papers and give their votes themselves. If there be connivance be-
tween the voter and the election agent, the voter may, by making his cross
in a certain way, show the agent that he has voted according to his promises
I found in my experience that an agent could tell by looking at their ballots
whether certain voters had carried out their promises I had
the misfortune at one time of being obliged to ask for the conviction of two
or three of my fellow countrymen in a case in the criminal court in which I
was acting as counsel, for having stuffed a ballot box, and by this means
changed the result of the election. ... . . I must say that the present
system does not give absolute secrecy and security to the voter." — Hansard,
pogfe 2621, 1890.
The following may be quoted on this subject from the Torontp
■■ i i #H W iMWiHy<
mmmmmm
8
THE MO WAT GOVERNMENT.
Telegram oi March 7th, — a paper certainly not actuated in its
opinion by friendliness to the Ontario Government : —
" As it BUnds, the Ontario ballot act is an improvement upon the Byatetna
that govern Dominion and Municipal eletitions. The provision for number-
ing ballots it is argued enables partisan officials to trace the choice of the
voter. The Attorney- General guards against this offence by placing deputy-
returiiiug officers under obligation to respect the secrecy of the ballot. Oaths
do not always bind excited partisans. The men who are bad enough to seek
to identify the voter by the number on his ballot paper are quali&cd to profit
by the opportunities which the Dominion and Municipal systems offer for
spoiling ballots and stuffing ballot-boxes.
'Mt is out of the fulness of bitter experience that our faith in the super-
iority of the Ontario system is speaking. The numbered ballot provides a
"(vay by which bad votes can be judicially substracted from the total of a
eindidate who wins by fraud. When the ballots are not numbered the votes
of dead men, of absentees, of repeaters, pass at their face value and cheat the
choice of an honest majority out of his rights.
Disputed Elections,
The election law provides that an election return may be dis-
puted on technical grounds, if the conditions prescribed have not
oeen properly observed. The tendency of the legislation respect-
ing elections during the past eighteen years has been to lessen
the chance of an election being declared void in this way, provided
there is good reaso-i to believe that the member-elect is the choice
of the people.
The system of trying election petitions by the Superior Court
judges came into force before 1871, but it has since that time been
greatly improved. An Act passed in 1876 provides that when
the petition alleges corrupt practices it shall be tried by two judges,
who must agree in their finding before any person can be declared
guilty of a corrupt practice. It provides also that a candidate,
when the judges have reason to believe that an act, corrupt in
law, has been committed in excusable ignorance, shall not be sub-
ject to the penalty of disqualification. And it further provides
that an election shall not be declared void on account of corrupt
practices, unless there is good reason to believe that they were
carried on to an extent sufficient to affect the result of the elec-
tion. These provisions are calculated to make the system of
trying petitions more equitable to candidates who endeavor to
conduct election contests according to law, and to prevent electors
from being put unnecessarily to the cost and trouble of a new
choice. ■ /
The Election Law Amendment Act of 1884 makes further
THE MOWAT GOVERNMENT. 9
provision in the same direction. It provides that election trials
shall be continued Irom day to day until completed ; that when
polling at any place has been interfered with by a " riot or other
emergency " on the day appointed, it shall be resumed on the day
following, and continued from day to day, if necessary, until the
poll has oeen kept open the ordinary length of time; and that
" it is the policy of the election law " that no election shall be
declared void for any irregularity on the part of the returning
officer, unless it appears that the irregularity affects the result of
the election.
Concurrently with the legislation intended to improve the
election law in the ways above indicated, there has been legisla-
tion of an increasingly stringent character against " corrupt prac-
tices " at elections.
In 1873 it was enacted, by way of supplement to previous
definitions, that " corrupt practices shall mean bribery, treating
and undue influence, or any of such offences, as defined by this, or
any Act of this Legislature, or recognized by the common law of
the Parliament of England."
Still more stringent prohibitions were enacted in 1876 and in
1881', in the latter case making betting on the result of an elec-
tion a corrupt practice, and also the furnishing of money for
betting purposes. The immediate occasion of this latter enact-
ment was the prevalence of betting in the West Middlesex election
shortly before, and the failure of the Election Court to disqualify
the Conservative member-elect, thpugh the betting was done with
his money,
Bedistnbution of Seats,
As the centre of population changes within the Province, it
becomes necessary from time to time to readjust the representa-
tion, and occasionally to increase it The membership of the
Legislative Assembly was fixed by the British North vmerica
Act at 82, each member representing a separate electoral district.
The first change in the distribution- of seats for the House of
Commons was made by the Dominion Parliament in 1872, and
for the Legislative Assembly by the Provincial Legislature in
1874, the membership of the latter being increased to 88, each
member still representing a separate electoral district. The
general aim of the Representation Act of 1874 was to take in to
account the rapid increase in the population of .the western part
of the Piovince. The County of Huron was divided into three
districts, instead of two ; the district of Bothwell was abolished
10
THE MOWAT GOVEBNMENT.
and two members each were given to Lambton, Essex and Kent ;
a new district (since made a county,) of Duffmn was created out
of parts of Simcoe, Grey, Wellington, and the district of Card-
well; to Grey and Simcoe were assigned three memTDers each,
Instead of two ; a new district was created under the title of
"Muskoka and Parry Sound." The district of Niagara was
abolished, the territory included in it being re-incorporated
with the County of Lincoln, In this way eight new constituencies
were created, and two old ones abolished, making a net increase
of six in the membership of the Assembly. The Act made a
number of minor changes in other districts with a view to making
them more nearly equal in population, subject always to the
general principle that county municipal boundaries should be pre-
served. The most captious critic cannot possibly find fault with
the principle under which these changes were made. The increase
in the representation could not be effected without such changes
in old boundaries ; but all the efforts of professional opposition
failed to ahow any injustice, or any distortion of ridings as to
geographical convenience or population. The extreme fairness, in-
deed, with which this redistribution was carried out might easily
be shown by reference to the census and electi'^n returns, but it
is sufficient to state that at the following general election (that of
1875), the new constituencies added to the relative strength of
the Conservative Opposition, instead of taking away from it.
The 'Act of 1885.
In 1885, eleven years after this increase of the representation
to 88, and after the increase of Ontario Representation in the
Dominion Parliament which followed the census of 1881, the
membership of the Assembly was still farther increased to 90.
In making this addition a further slight re-arrangement was
effected, all the changes being in the direction of the equalizing
of the populatton, and the more equal distribution of the repre-
sentation. The following is a synopsis of the changes made at
that time, which are still in force : —
Algoma divided into two ridings.
Bruce, divided into three ridings, instead of two.
Leeds and Grenville, allowed one member each, instead of three
membei's for the two together.
Parry Sound district, separated from Muskoka, aud created an
electoral district
THE MOWAT QOVERNMLNT.
11
Cornwall town and township, re-incorporated with the County of
Stormont fdr electoral purposes.
Toronto, allowed tfiree meraberu instead of two, the contiguous
town of Parkdale, now a part of the city, being added for
electoral purposes.
The three ridings for Simcoe, re-arranged, and named East,
Centre, and West.
The two ridings of Victoria, re-arranged, and named East and
West.
Minor changes in the three ridings of Wellirigton, and the nam^
of the Centre riding changed to the East riding.
Similar changes in the three ridipgs of Grey, the former East
riding becoming the Centre riding.
Minor changes, without any changes of name, in the two ridings
of Brant, the district of Brockville, the district of Cardwell,
the county of Dufferin, the county of Peel, the district of
Kingston, the county of Frontenac, the county of Addington,
the two ridings of Elgin, the East and West ridings of York,
the two ridings of Essex, the two ridings of Ontario, the
East and West ridings of Huron, the district of London, and
the two ridings of Perth.
The ridings of Cornwall and Leeds and Grenville, thus modified,
were the two smallest in population of those in the older
parts of Ontario, the former having a population of but 9,904,
and tjie latter of but 12,929.
Efect of the CJianges.
The aim of these varrious changes, as of those made by the Act
of 1874, is to adjust the representation more accurately and
equitably to the population, in so far as this can be done without
disturbing county municipal boundaries. Some of the changes
made hr.ve for their object a fuller recognition of those boun-
daries in localities where municipal readjustments had already
taken place, as, for in^ance, the transfer of the township of East
Luther from Centre Wellington to Dufferin. Collectively they
improve greatly the electoral map of the Province, and remove a
number of anomalies caused by movements that have, during
the past thirty years, taken place in its population.
In the re-adjustment of 1874, the single-member-district sys-
tem was adhered to throughout. In the re-adjustment of 1885, a
principle new to this country was introduced. Toronto and
Parkdale wwe together allowed three members, but each elector
12
THE MOWAT aoVEllNMENT.
was by the Act limited to two votes. In the words of the Act
(section 10, sub-section 4) ; " At a contested ejection for the elec-
toral district of said city, no person shall vote for more than two
candidates.'' This method of choosing Parliamentary representa-
tives by means of what are called " three-cornered constituencies,"
which admits the principle of minority representation, was in use
in England from 1867 to 1885. It was introduced by the Con-
servative Disraeli Government, the author of the clause embodying
it being the late Lord Chancellor Cairns. It was abolished by
the Franchise and Redistribution Act of 18S5, but by no means
unanimously, a large number of the more independent members
of the House of Commons, without reference to party lines, being
strongly in favour of retaining this feature of the electoral system,
and even extending its application. So strong was this feeling
that Mr. Leonard Courtney resigned his scat in the Ministry
rather than give up what he regarded as an important and useful
electoral principle. By way oi experiment the single-member-
district plaii has been made practically universal in Great Britain
and Ireland, the large districts, with more than one member each,
being for the most part abolished, q^ well as those known as
" three cornered," on account of the liifnitation placed on the elector
with respect to the number of votes he can cast. At a time when
the advocates of " minority representations " are earnestly pressing
their views in every country provided with representative insti-
tutions, there is much to be said in favour of trying;the experi-
ment on a limited scale in Ontario, and the opportunity for doing
this was afforded by the new " three-cornered constituency " of
Toronto. It can, it is thought, be successfully worked only in
large cities.
Increases in Population.
The population of the Province had, between the census of 1871
and that of 1881, increased from 1,620,834- to 1,923,228, a net in-
crease of 302,394.
The increase in the population of the counties immediately
affected by the Redistribution Bill betwcdn 1871 and 1881, was
175,799, or more than half of the entire increase throughout the
Province. Some of the increases were as follows ;
Bruce 36,804
Simcoe 18,437
Hnron more than 16,000
do 16,000
jX do »... 14,000
THE MOWAT GOVERNMENT. 18
York and Toronto more than 87,000
Algoma more than , 15,000
Grey more than , ......13,000
It may certainly be fairly argued that if such large and impor-
tant counties as Bruce, Simcoe, and others, were* entitled to two
representatives after the census of 1871, they were entitled to an
extra member each after that of 1881, when their population had
increased by nearly 20,000 each. And the same remark applies
to the city of Toronto and the county of York, which latter re-
tains its three members after the withdrawal of Parkdale.
Table of Eeaults,
The following table shows the increases of population in the
affected constituencies in the ten vears ending 1881, with the
additions to their representation under the present Act : —
Old Electoral Dirlslons and Population.
1871
Algoma*
5,007
Bruce,
Sonth Bruce „ 39,803
North Bruce 25,536
Cornwall.
Cornwall 9,904
Storm o pf 13,294
Leeds, Orenville and Brockville.
-South Leeds 18,325
Leeds and Orenville .12,929
Grenville 13,526
B rockville •i^j_:_i_- 16,395
t^imcoe, Cardwell and Peel.
West Sinicoe 26,120
East Simcoe 24,118
South Simcoe 17.355
Ofird well 17 ,993
Peel. 16,387
Brant.
South Brant 21,975
North Brant 11,894
New Electoral DiYisioiis and P(>puiatloo.
Algoma.
1881 20,320
Divided Irto 2 PivlKJonB, Algoma W, AAlgom* g.
Bruce.
South Bruce 23,394
North do 20,196
Centre do 21,628
Co'rnwall,
Stormont (including Coniwall) 23, 198
Leeds, Grenville and BrwkviUe.
Leeds 20,759
Grenville 22,741
Brockville 17,724
Simcoe, Cardv^U and Feel,
West Simcoe 20,134
East do .....20,382
Centre do •..17.407
Cardwell 22.357
Peel 21.G97
Brant.
S'.uth Brant 19,084
North do 14,786
*A ceiiBUB was tftken of Port Arthur on its bscoming a town in 1884, under the
authority of the Council. The population was retumwl at about 6,000, an increase of
'25 over 1881.
u
THE MOWAT GOVERNMENT.
Duffurin.
Dufferin. . 20,63 6
Addington, Frontenac and Kingston.
Addington 23,470
Frontenac 14,993
Kingston ....'.. .14,091
WtUington.
West WeUington 24,978
Centre do 19,640
South do. 23,2 79
Orey.
East Grey 23,781
North do 25,031
Sonth do 21,127
Elgin.
Eaat Elgin 27,473
WeatMo. 14,888
York.
East York 23,312
West do. ,18,884
Essex.
North Essex 25,669
South do 21,303
Ontario.
North Ontario 28,434
South do. , 20,37 8
yictoria.
South Victoria 20,813
North do 13,790
London and Middlesex,
London City 19,746
Middlesex East 30,600
Perth,
North Perth .32,915
South do. 20,778
District of
Muskoka and Parry Sound....
Dufferin.
Dufferin 22,086
Addington, Frontenac arui Kingston.
Addington .... 16,606
Frontenac 16,386
Kingston '. 19,664
Wellington.
West WeUington 18,893
Centre do. 16,385
South do. ...; 22,237
Orey.
East Grey 24,522'
North do 21,488
South do ^24,629
Elgin.
East Elgin 19,848
West do 22,580
York.
East York 15,996
West do 15,762
North Essex.
South do.
Essex.
.23,657
.23,307
North. Ontario.
South do.
Ontario.
20,917
.27,895
Victoria.
South Victoria-
North do.
.18,289
.16,323
London and Middlesex*
London City
Middlesex East
23,636
,26,710
North Perth.
South do. ,
Perth.
.29,660
.24,lb3
Muskoka
Parry Sound.
Districts of
The .Dominion and Ontario Redistrih^ition Bills Compared.
It is a favorite retort with supporters of the Opposition to
declax-e what they are pleased to term the " Gerrymander " iu
Ontario, above referred to, as bad as that of which their own
friends in the Dominion were guilty in 1882. A few considera-
tions will show whether this tu quoque argument can hold.
The Dominion Government, in framing their notorious Gerry-
mander Bill of 1882, practically abolished, wherever it was thought
THE MOW AT GOVERNMENT.
15
• • • • iO|0<7^
....16,385
....22,237
24,52?
21,488
24,529
19,848
22,580
15,996
,... 15,762
....23,657
....23,307
...20,917
....27,8 95
....18,289
16,323
■sex.
23,636
....26,710
....29,560
.. .24,lo3
• • • •
• • • •
mpared.
)8ition to
mder" in
heir own
sonsidera-
Dld.
lis Gerry-
,s thought
in their intere.9t to do so, county municipalities. They over-rode
and broke do^n county boundaries ; threw sections of two, three
or four counties, having no interests in common, together for
electoral purposes ; and so cut and carved up the political map
of Canada as to make it a spectacle to be wondered at, and not
recognizable; three ends only being kept particularly in view :
The one that of legislating their principal opponents out of Par-
liament ; the second that of concentrating the Reform majorities
of different adjoining counties into one riding with an overwhelm-
ing Reform majority, thus wasting hundreds of Reform vote^;
and the third that of making all other ridings, that is, the large
majority — by the elimination of Reform townships, Tory, with
wel] -assured majorities.
The Ontario Government, in framing their measure of 1884,
on the other hand, kept five points in view : — First, to increase the
aggregate membership as little as possible ; second, in no case to
break down county boundaries; third, not to^vide townships or
other municipalities ; fourth, always to move m the direction of
equalizing the population where changes were made ; fifth, not to
aim at destroying the seats held by members of the Opposition.
Upon this latter point but two members were placed in a minor-
ity — Mr. Ermatinger, the member for East Elgin, by the change
of St. Thomas from the East to the West Riding, and Col. Grey,
of West York, who was placed in a minority of but three votes,
while in every case the change proceeded in the direction of
equalization or approximating toward the unit of representation,
or average population of the constituencies, namely : 21,366.
The Dominion Gerrymander Act of 1882.
Let us now examine the contrast to this policy exhibited by
the Tory Government of the Dominion. Equalization of the
population of the constituencies was Sir John's alleged reason for
turning the constituencies topsy-turvej', for breaking down the
well-defined county boundaries, and for carving up the constitu-
encies in such a manner that no human being has since been able
to learn or cany in his mind the municipalities comprising the
pew constituencies. He was desirous only, as he claimed, of
equalizing the constituencies.
Take a few examples of how the constituencies were equal-
ized :
The unit of representation in the whole province for Dominion
purposes was 20,905. Out of 92 constituencies there are 31 imder
the average of 20,905.
^ 1
. If
16 THE MOWAT QOYEBNMENT.
26 under. 19,000
22 under 18,000
14 under 17,000
9 under 16,000
Sunder 15,000
Sunder 14,000
Ibf 12,423
There are also :
1] over ;. 21,000
6 over ^ 23,000
4 over... , 24,000
7 over 25,000
6 over 26,000
2 over 27,000 *
1 over 28,000
Look at a few examples of his inconsistency in carrying out his
alleged object :
South Oxford.
South Oxford, before the Geirymander, had a population of
24,732 ; after, 24,778 ; or an increase of but 46. This represents,
upon the estimate of one vote for seven persons an increase of
but seven votes in the South Riding. It was, besides, left with
a population 3,873 greater than the average or unit of representa-
tion. In order to accomplish this the boundaries of three counties
were broken down ; the town of Tilsonburg and the township of
Dereham, situate in Oxford, were detached from South Oxford
and tacked on to North Norfolk, and the townships of Burford
and Oakland were taken from South Brant and added to South
Oxford. Why all this overthrowing for an increase of only 7
votes I •
North Ox/ord.
The boundaries of three counties were broken in order to fix up
this constitutency, making a change in population as between the
old and new of only 977, or 1 39 votes. It was left with a popula-
tion of 3,479 above the average.
South Wellington.
The l»oundaries of no fewer than three countie.s were broken in
re-aiTanging this constituency, by which a population of only 901
was added, equal to a voting power of 1 28.
THE MOWAT GOVERNMENT.
17
Haldimand,
The population of Haldimand was, under the old arrangement,
below the average. Instead of it being levelled up, it was de-
creased 959, and left 2,243 below the average. This was the way
equalization went on.
Many more instances might be given.
We present a few further illustrations of another character,
showing how Sir John's " equalization " was accomplished. The
figures show the populations after the gerrymander ; (the average
for each constituency being 20,905.)
1. North Leeds & Grenville. .12,423, or 8,482 below the average.
2. South Grenville 13,526, or 7,39.7 "
3. Brockville 16,107, or 6,798 -'
4. Frontenac 14,993, or 5,912 " "
5. Kingston...: 14,091, or 6,814 " . "
6. West Peterboro' 1 3,3 10, or 7,695 "
7 & 8. Ottawa, 27,412 | or 7,199 ,. „
Two members, 13,706 each, j each
9. South Wentworth 15,539, or 5,366 " "
10. Monck 15,940, or 4,965 «
There are many others far below the average.
As further showing the fraudulent pretence under which the
Bill was supported, there are many constituencies left with a
population far in excess of the average. Below are a few ex-
amples :
Kent 29,194, or 8,289 in excess of the average.
East Simcoe 27,183, or 6,278 in excess of the average.
Centre Wellington...26,816, or 5,911 in excess of the average.
Welland 26,162, or 5,247 in excess of the average.
Nori^h Perth 26,538, or 5,633 in excess of the average.
North Simcoe. 26,120, or 5,215 in excess of th# average.
North Huron 26,098, or 5,193 in excess of the average.
North Wellington. .26,024, or 6,119 in excess of the average.
A chapter pointing out the ridiculous shapes into which many
of the constituencies were thrown by this well devised process of
cutting and carving might be of interest in closing this descrip-
tion ; but it will be considered sufficiently proved by the foregoing
facts that Sir John's object in his infamous Gerrymander was not
so much to " equalize the population " as to " hive the Grits," in
order, in all future elections, to secure their defeat.
9.
18
THE MOWAT GOVERNMENT.
BirNlCIPAL INS1ITVTI0NS.
Municipal institutions form one of the most interesting and im-
portant features of our system of seif-govemment. Tney were
lor a ktng time after their first introd action into Upper Canada
somewhat crude in form, and many Statutes amending the muni-
cipal law were passed by successive Pai'iaments before Confed-
eration. Between 18G2 and 1871, not a session of the Ontario
Legislature passed without additional important changes being
made. The necessity of bringing the law within the comprehen-
sion of the mass of the people made it imperative that the Muni-
cipal Act and the various amending Statutes should, sooner or
later, be consolidated, and the Mowat Administration lost no time
in beginning the work. The task was a most laborious and
intricate one, but it was successfully performed under the personal
direction of the late Hon. Adam Crooks. Order was brouglit out
of confusion ; more than 1,000 sections were reduced to about
half the number ; dead law was eliminated ; and what was left
was classified and reduced to the form of a simple and intelligible
code. In a speech delivered at Toronto, on the 8th of January,
1879, Attorney-General Mowat thus referred to this undertaking,
and the manner in which it had been carried through :
** In our first aesBion we made provision for facilitating the work of self-
government by collecting all the various Acts relating to our municipalities.
These Acta were scattered through the statute books of seveval years ; con-
siderable difficulty was consequently experienced by the people, who were
not lawyers, and who had to carry out tbese laws : and it was evident that
the simplest law possible on the subject was desirable. My colleague and
friend, Mr. Crooks, undertook the work, and during the first session of my
premiership a new Act was passed consolidating and revising all the old Acts,
and producing a result of which, in connection with the Assessment Act, the
late Chief Justice Harrison — who probably was more familiar with the sub-
ject than any other lawyer or judge— said, ♦ THAT THESE ACTS WERE
THE MOQT COMPLETE A^'D PERFECT CODE OF THE KIND THAT
HE KNEW OF IN ANY COUNTRY OF THE WORLD.'"
In 1872 an Act was passed of a very stringent kiijd to prevent
corrupt practices at municipal elections. In 1874 an Act was
passed introducing the method of voting by ballot at municipal
elections, and in the following session the same method was made
applicable to voting on such municipal by-laws as are requiied to
be submitted to the people. In 1877 an Act was passed apply-
ing to the preparation and revision of the voters' lists for munici-
piu elections, and the method of preparing and revising the voters'
/
THE MOWAT QOVERNMENT.
19
yearfi ; con-
liflts for parliamentary elections, which had been embodied in the
Voters' Lists Act of 1874 and 1870. These three measures have
done much towards preventing the irregularities formerly so
common, and securing a full and fair expression of public opinion
in relation to municipal affairs.
A complete list of important amendments made to the municipal,
law since 1872, in addition to those above referred to, would be
a very long one, including, among others :
The extension of the municipal system, with suitable modifi
cations, to the districts of Muskoka, Parry Sound, Nipissing
and Algoma.
Handing over the management of the police departments of
cities to commissioners.
Numerous changes in the law respecting water- courses, line
fences, bridges and public highways.
More effective regulation of market fees, and of the sale of
produce generally.
Provision for the erection of court-houses.
Provision for the better protection of both municipalities and
their creditors in the issue and purchase of debentures.
Improved methods of equalizing assessments.
Provision of better facilities for carrying on drainage opera-
tions.
The introduction of the system of paying for street improve-
ments on the local improvement plan.
Provision for the better regulation of nuisances, and also for
dealing more effectively with other matters affecting the
health or comfort of the community at large.
Extending the municipal franchise to unmarried women and
widows.
Election of Mayors of cities and towns by popular vote.
The consolidation of the assessment law.
Limitation of exemptions from municipal taxation.
Extension of the municipal franchise to income Votera
Fixing the qualification of Mayors, Reeves and Councillors.
Provisions for abstract, and statements of municipal receipts
and expenditures.
Ordering returns to Bureau of Industries.
Authority for acquiring land for parks.
Provisions for erection of weighing machines ; for changing
names of streets ; for regulating sale of tobacco ; for in-
spection of boat 'and bathing houses ; for construction of
sewers and water-works ; for removal of obstructions in
rivers, etc.
20
THE MOW AT GOVKIUiMENT.
i
In the following year, 1888, the amendments to the Municipal
Law included provisions respecting separations of counties ;
qualifications of members of council in villages and townships ;
publishing assets and liabilities ; bonusing manufactories; estab-
lishing industrial farms and inebriate asylums; licensing transient
traders ; regulating portable steam engines ; removing obstructions
in rivers and streanis • aiding railways; acquiring water rights,
etc. (51 Vict., Chap. 28.)
And in the following year, 1889, they made provision for ap-
pointment of arbitrators in certain cases ; restriction of livery
stables ; maintenance of inmates of houses of refuge ; aid to rifle
associations ; aiding bands of music ; contracting for gas or electric
lights ; foes and costs of valuations and awards ; appointments of
night watchmen ; straightening of streams ; assessments for parks
and squares; aiding bridge companies; jurisdiction of county
judges respecting municipal elections, etc. (52 Vict., Chap. 28.)
Recent Important Legislation,
During the past three years many important measures have been
passed, which advantageously atfect the goneral interests. A few
of these may be referred to : —
(1) In 1888 an important measure was passed for the preven-
tion of accidents and loss of life by fire in hotels and other public
buildings. This provides for the erection and firm attachment of
an iron ladder or stairway, outside of each hotel or building, and
connecting with every floor above the first. It also prpvides for
a rope fire-escape in every chamber, and for the posting of notices
concerning such ladder and fire-escape, with instructions as to use.
(2) In 1889 an Act was passed to facilitate the purchase and
abolition of toll roads by municipalities. This measure provides
for the appointment of commissioners, their selection of roads,
examination of books and records, preparation and registration of
maps, valuation and report. It also sets forth the mode of pro-
cedure, as to passing of by-law, award as to ])rice, raising of money,
the taking over of the roads, and the abolition of tolls; also, for
the maintenance of such roads as free roads thereafter.
Houses of Refuge.
(3) In the session just closed, an Act was passed respecting
the establishment of Houses of Refuge,- and providing for muni-
cipal aid, inspection and report. It also provides for municipal
aid to such houses which may be already in existence.
THB MOWAT GOVERNMENT.
21
This is a further illustration of this Government's policy of re-
luming the public money to the people who own it. The provis-
ion is for provincial assistance to counties in their local charitable
Institutions. The measure provides for the payment oJP-a sum not
exceeding S4,600 to any county, or union oi counties, which may
icquire not less than fifty acres of land for an industrial farm
tnd erect thereon buildings suitable for a house of indnstiy or
louse of refuge for the aged, infirm, and poor of the locality. The
\ct permits the joining of such municipalities, when contiguous,
for the establishment of a larger institution, in which case the same
|mount is to be paid to each ; and includes in its provisions those
lunicipalities in which such institutions already exist All such
Establishments are to be subject to Provincial inspection.
Exemptions.
(4) In the same session, an Act was passed amending the
ssessment Law as to exemptions, by ptoviding that lands con-
nected with churches shall be liable to assessment for local im-
)rovemeuts hereafter made ; that the incomes and dwellings of
Clergymen shall be assessed for all municipal purposes ; that col-
3ges and seminaries shall be assessed for local improveinents
^ereafter made ; and that a business tax may be substituted by
lunicipal councils for the taxes on a mercantile business, this
lubstitution to apply to so much of the personal property as be-
longs to the business, provided it do not exceed 7J per cent, of
)he annual value of the premises in which the business is coa-
lucted.
LAWS RBLATINO TO LABOUR,
Mechanics' Lien,
The Mechanics* Lien Act of 1873 was passed soon after this
Jovernment assumed office, and was intenaod to protect mechan-
ics, machinists, builders, miners and contractors from loss on ac-
count of labour or material furnished in the erection of buildings
)r the construction of machinery. The Act not merely recognizes
the new form of liability, but provides the means for establishing
md enforcing claims arising under it. The original Statute has
)een several times amended, with a view to make it more simple
md perfect in its working, two of the most important amend-
lents being contained in the following section of the Act of 1882:
22
THE MO WAT G6VBRNMENT.
^' Tlie lien given by the preceding Section (i. e., one for thirty days' wage
without prejudve to any other lien the laboarer may have under the lieJ
Act), shall operste, notwithstanding any agreement between the owner acj
contractor for excluding a lien, and notwithstanding that the labour ia in re]
speot of a building, erection, or mine which belongs to the wife of the persoij
at whose instance the work is done."
The next section of the Act provides that the lien for wage]
shall, to a certain amount, have priority ever all other liens, a)i|
over any claim by the owner against the contractor on account oj
failure to complete his contract. In 1886 the Le^slaturJ
amended the Land Titles Act of 1885, for the purpose of protect]
ing persons entitled to liens against land brought under the TorJ
rens system of registration.'
Employers' Liability,
For some years past in England an Act of Parliament has becni
in force which makes employers liable, under certain circum{
stances for injuries to their employees. That Act was, at the
instance of the House of Lords, limited in its operation to fiv(
years, but it has given such general satisfaction that it will, un-l
(loubtedly, at the next session of Parliament, be made permanent!
and will probably at the same time be given a wider applicationl
In the session of 1886, an Act was passed by the Ontano Legisla-]
ture to secure compensation to workmen in certain cases for per-
sonal injuries caused (1) by defective machinery or works, (2) byl
negligence of fellow employees entrusted with the duty of superin-l
tendence,>(3) by conforming to the orders of fellow employees I
placed in authority, (4), by the operation of the employers regu-
lations, or (5) by the negligence of railway signal-men. The dif-
ferent kinds of defects that make a railway company liable arel
specified, and the maximum amount of compensation is fixed atl
three years' earnings. Contracting out of the liability is not al-l
lowed, except when there is some other consideration than being |
taken into employment, which consideration must be, in the opin-
ion of the Court trying an action, " ample and adequate," and, on I
the side of the workman, not " improvident," but "just and rea-
^ionable." The Act provides a simple method of enforcing claims I
arising under it, and exempts from its operation for only or)«j
year those employers who have established provident or insur-
ance societies for their men, at least as effective for their pro-
tection as that established by the Grand Trunk Railway Company |
of Canada.
An amendment in 1887 applied the provisions of the Act to I
I
THE MOW AT GOVERNMENT.
23
railway companies and employers who had established such provi-
dent and insurance societies for their men, even though the work-
men injured had not connected themselves with such societies.
A further amendment in 1889 makes the employer for whom
the work is done, as well as, the contractor, liable for injuries re-
ceived by the workmen, — it being provided, however, that double
compensation shall not be recoverable for the same injury. This
amendment also provides that even if the workman was aware of
the defect or negligence which caused his injury, he should not
therefore be deemed to have voluntarily incurred the risk of be-
ing injured.
The Factories Act,
f the Act tol
*'An Act for the Protection of Persons employed in Factories "
was passed in 1884. It contained a proviso that it should not
come into force until proclamation should be made by the
Lieutenant-Governor, the object being to secure, either by con-
current Dominion legislation, or by a decision of the Supreme
Court, that the validity of the law would not be disputed. All
efforts to induce the Dominion Government to aid in removing
the uncertainty having failed, the necessary proclamation was
issued in October, 188ti, and the " OnUrio Factories Act, 1884,"
became law. It provides, amongst other things, (1) that the em-
ployment in a factory of a chud, a young girl, or a woman, in
such a way that the health is likely to be permanently injured,
shall be an offence punishable by imprisonment or fine ; (2) that
no boy under twelve, and no girl under fourteen, shall be em-
ployed in any factory, and that children under fourteen and
women shall not be employed more than ten hours a day, or
sixty hours a week ; (3) that women and children shall not be
allowed to clean machinery, while it is in motion; (4) that work-
ing extra hours in a time of emergency shall be done only with
the consent of the Inspector under the Act ; (5) that factories
shall be kept in proper sanitary condition ; (6) that machinerv,
and other sources of danger to employees shall be properly
guarded ; (7) that each factory shall be supplied with the means
of extinguishing fires, and also with fire-escapes if the building
is a high one ; and (8) that the Inspector shall be notified promptly
when loss of life results to employees tbrc ugh fire or accident.
The Act clothes the Inspector with the powers necessary to
enable him to discharge his duties efficiently, and provides a
simple means of enforcing its provisions. Appended t(^* it is a
•chedule containing a list of the dififerent kinds of factories that
Mi
84
THE MO WAT OOVERNMENT.
come under its operation, and it is provided that the Lieutenant-
Governor in Council may add to, or take away from, that list by
proclamation in the Ontario Gazette. The putting of thia admir-
able measurer into operation placed the factory labourers of
Ontario in as good a position in t]ie matter of protection as is
enjoyed by such labourers in any country in the world.
In 1887, an Amendment was passed, providing that boy*
under 12 and girls under 14 might be employed in the summer
months in gathering and preparation of fruit or vegetables for
canning purposes, — such preparation not to involve cooking, and
to be done in a different room.
An Act analagous in its provisions to the Factory Act was
passed in 1 888, which gave power to municipal councils, on appli-
cation of three-fourths of the employers in any class of shops, to
pass by-laws for the closing of all such shops at the liours
mentioned in the application. This has the effect of shortening
the hours during which children and ^oung persons may be con-
fined in such shops. It also ordered that seats be provided for
female employees ; also, that no young person should be employed
in or about any shop longer than 74 hours, including ,meal hours,
in any one week, nor longer than 14 hours, including meal hours,
on any Saturday, — notice to this effect to be posted up in the
shop. This provision not to apply in cases in which the
employees are members of the families of the employers. This
Act was amended in certain of its provisions in 1889.
In 1889 an Amendment to the Factories Act made sundry new
provisions for the protection of young persons engaged in
factories, and gave an amended list of the businesses to which
the Act should apply.
The Railway Accidents Act,
In 1881 the Legislative Assembly appointed a special committee
to enquire into the causes of the loss of life from accidents on
railways. Much valuable evidence was taken, and many of the
most useful suggestions offered were in the following year em-
bodied in an Act " To make Provision for the Safety of Railway
Employees and the Public." The preamble to that Act is as
follows : —
** Whereas frequent acoidenta ; iway servants and others are oooasioned
bv the nesleot of Kailway Oompan :> provide a fair and reasonable measure
of DToteotton against their oooarr<»>. ; and whereas a proper oonstruotion of
rulwam>ridges, and certain pn«t'-'<^jis !q the oonstrnotion and maintenance
of railwajr frogs, wing-rails, guar^ fails, and freight can would graatljr lessen^
if not entirely prevent, the napponinK of such accidents,"
THE MOW AT GOVERNMENT.
25
The Act goes on to specify the improvements which railway
companies are required to make in their bridges, tracks and freight
cars ; and in the event of accidents to their employees caused by
failure to do so, the latter are placed in as good a position, with
respect to the right of compensation, as if tney had not been in
the company's employ. In other words, the great principle em-
bodied in the Act securing compensation for injuries is anticipated
by this provision of the Railway Accidents Act, just as the princi-
ple that railway companies and factory proprietors should be
pelled to make proper provi *on for the safety of the public
! com
was anticipated by the Act of 1874, which requires the owners
of machines properly to guard those parts likely to cause injury
to persons coming in contact with them.
WorJc and Wages.
In 1873 two Acts were passed, one intended to facilitate
I agreements between mastera and workmen for participation in
profits; the other intended to facilitate the adjustment of dis-
! pntes between masters and workmen. With reference to these
two measures, and the Mechanics' Lien Act passed in the same
I session, the Hon. Attorney-General Mowat made the following
remarks in a speech delivered in Toronto on the 8th of January,
11879:
" We have passed laws securing to mechanics, labourers, and others, alien
I for their pay on the property on which their labour is expended or their
I materials used, so far as this seemed practicable without prejudice to persons
not concerned in the transaction. We have passed laws in the interest of
[masters and workmen, for facilitating agreements between' them for sharing
the profits of the businnss in which they may be engaged. The object of
that law is of great importance to tho working classes. It is by such means
that their status is to be raised. Those who have given attention to this Bub>
Meet seem to be unaware of any method by which so large an amount of good
I can be looked for to the great mass of our working population as some method
I which ma^ enable them somehow to share the profits of the business in which
' thoy are employed. In framing these laws we had the advantage of what had
I been done elsewhere, and we have placed on the Statute book the best laws
' that the example or experience of other places enabled us to devise. We
I have also passed a law to facilitate, by means of a machinery found useful
elsewhere, the amicable settlement of disputes botweeu employers and em-
[ ployed."
In 1880 an Act waa patted for the relief of Co-operative As-
Isociations, experience having shown that a relaxation of the
I former law was necessary in two respects. This Statute increases
[the maximum value of the shares any one member may hold from
26
THE MOWAT OOVERNMENT.
$4C0 to $1,000, and authorizes associations to incur a debt, secured
by mortgage, for the purchase of business premises.
In 1885 an Act was passed, which is of great importance as
affording valuable protection to workmen in respect of wages. It
provides that when a debtor makes an assignment of real or per-
sonal property for the general benefit of his creditors, an exception
shall be made in favour of persons in his employment at, or im-
mediately before, the time of the assignment, who shall be paid
in full up to three months' wages or salary, and be entitled to take
rank as general creditors for tne remainder of the amount due
thera. A similar provision is made to«>apply to the distribution
of the assets of a company in process of liquidation under *' The
Joint Stock Companies' winding-Up Act," and to the settlement
of claims under " The Creditors' Relief Act, 1880." The measure
applies to all wage-earners, whether by the day, the week, the
piece, or otherwise.
With a view to the protection of the Ontario labourer from the
oppressive competition of certain classes of foreigners, whom it is
the custom to bring into the country under agreements which
virtually prevent them from being free agents in the disposal of
their services, the Legislature, in the session of 1886, enacted as
follows : —
"Any agreement or bargain, verbal or written, expressed or implied, which
may hereafter be made between any person, and any other person not a resi-
dent of Canada, for the performance of labour or service, or having reference
to the performance of labour or service by such other person in the Province
of Ontario, and made as aforesaid, previous to the migration or cominr' into
Canada of such other person whose labour or service is contracted for, dhall
be void and of no effect as against the person only so migrating or coming."
This enactment leaves the imported foreign labourer, who comes
into Ontario on the strength of a • previous agreement, free to
break his agreement after his arrival here if he sees fit to do so,
while if he chooses to observe the agreement on his part, he can
hold his employer to it also. The object of this legislation is to
discourage the practice of advancing mone}' to foreign labourers
to pay their passage into this Province, by making it impossible
for the employer to recover the aura advanced if the employee
sees fit to break his engagement. No more effective means could
be devised.
Another Statute that calls for notice in this connection is one
passed in 1874, which enacts that the wages or siJary due to a
labourer, mechanic, or servant, shall not be liable to seizure, or
attachment, or garnishment for debt, unless the sum due to him
exceeds S25, and then only for the amount of such excess. The ob-
THE MOWAT GOVERNMENT.
27
ject in view is to prevent the wage-earner from being left entirely
)enniless, a reasonable relief in view of all that the law has done
tor other classes of debtors.
Workmen Allowed Time to Cast Their Votes.
" The Franchise and Representation Act of 1885 " confers the
right of voting on practically all wage-earners who are residents
loT a sufticient time in one district, for the amount of wages which
entitles a man to be placed on the voters' list is only $230, and a
■)art of that may he in the form of board and lodging. To many
l^ersons of this class, however, in cities and towns, where during
the whole of the hours of polling they are employed at a distance
from their voting places, polling their votes is a matter of loss and
lifficulty. With a view to removing tliis obstacle, the Legisla-
ture in the session of 1886 enacted that " any voter entitled to
rote within ^ city or town, shall, on the day of polling, for the
purpose of voting, be entitled to absent himself from any service,
)r employment " for the two hours between twelve and two in
the middle of the day, without making himself " liable to any pen-
ilty, or to suffer or incur any reduction " of wages, provided that,
hf his employer requires him to do so, he shall afterwards make
lup for his absence by an hour of extra work.
i
28
THE MO WAT GOVERN MENT.
ATTORNBYOENERAL'S DEPARTMEBIT.
I .
j I
This has been presided over by Hon. Oliver Mowat for eigh-
teen years without interruption. Ppon him personally has de-|
volved the duty of prosecuting the claim of the rrovince to the dis-
puted territory west and north, about half the Province, and to thel
land, timber and minerals which it comprises. The struggle over!
the Boundary Question, which is fully described on succeedingj
pages, was made by Sir John Macdonald an expensive one fori
the Province, and an onerous one for Mr. Mowat. Apart from thej
special duties devolving upon him as Premier, the Attorney-Gen-
eral's labours were, during that long period, arduous and continu-
ous. The following account of his Department will make thisj
clear : «■
Law Reform.
This department of Legislation is under the personal direction
and supervision of the Attorney-General of the Province, and as |
that responsible office has been continuously filled by the Hon.
Oliver Mowat during the past eighteen years, he is in a peculiar I
sense entitled to whatever credit is due for improvements made |
in the system of administering justice. For originating and carry-
ing into operation reforms of this kind, Mr. Mowat is pre-emi-
nently fitted, not merely by great natural ability and an unusually I
long and varied professional and parliamentary experiegMj^but
still more by a judicial cast of mind and a rare corabipipPli of I
progressiveness and caution. He was a prominent aiBii flwtive
member of the old Legislative Assembly long before O^od«ra-
tion, and was at the same time in the enjoyment of a Ittwre prac-
tice at the Bar. For seven years before assuming the ASliBrney-
General's portfolio, he occupied the position of Vice- Chancellor in
the Court of Chancery, and ever since he entered on his present
office he has been, by the discharge of its duties, made increasingly
familiar with the whole machinery of the administration of jus-
tice, criminal as well as civil.
The extent, importance and beneficial character of the reforms
t---:'* have been effected in the law during his rSgime can be fully
appreciated only by a careful student of the whole Statute Law of
the Province since 1872. He had laborious and e;xtra duties
ca'-^sed by the necessity of defending Ontario against attacks made
•apo^ her territorial and legislative rights by the Government of
THE MO WAT GOVERNMKN".
29
[Sir John Macdonald. The chief burden of that defence fell upon
Mr. Mowat, and it was well for the Province that it had so capable
a defender. For a period of ten or t'velve years he was engaged
in resisting unjust and unwarranted encroachments on Provincial
rights in the liquor license ease, the rivers and streams case, the
escheats case, the disputed, territory timber case, and, above all,
the boundary case.
The obvious observation is that it would be good policy to entrust
this great depaitmont again to a jurist who has shown so much
capacity for conducting and improving it. The attacks mrvde on
rrovincial Rights he has succeeded in repelling. Not a single
case remains unfinished ; not a single case did he lose. Many
changes in the public law have been already noticed — those, for
instance, effected by the Mechanics* Lien Act, the Act conferring
the municipal franchise on women, the Acts modifying the parlia-
mentary and municipal law, the Acts atfecting the status of the
labouring classes, the Acts regulating the traffic in alcoholic
li(juors, etc.
Administration of JuMice.
The constitution and conduct of the Courts is not made a
Ljround of complaint. This fact, with an opposition anxious to
discover any points of defect in legislation or administration, cer-
tainly suggests the perfection of the service. The grand improve-
ments which have led to this satisfactory state of things have
nearly all been, made since the present Government assumed office.
The tendency has been in the direction of greater simplicity and
less expense. The Division Court Act and its amendments have had
a most beneficial efiect in enlarging the powers of that Court, in cor-
recting its imperfections, and in wisely regulating its proceedings.
The County and Superior Courts have also been vastly improved
by the legislation introduced by Attorney-General Mowat. The
" Administration of Justice Acts" of 1873 and 1874 introduced
the reforms which were destined to find their completion in the Ju-
dicature Act of 1881. The last mentioned Act, founded on an Im-
perial Act much considered and now in force, was a marvel of legal
grasp and administrative wisdom. Its two great principles were
consolidation and simplification, and with the other legislation
referred to it completed the judicial fabric of this Province — the
enlarged powers of the Division Courts relieving the County
Courts, and the enlarged powers of the County Courts relieving
the Superior Courts ; while the former various modes of procedure
of the Superior Courts were unified and consolidated, the Courts
of Common Law and Equity were made auxiliary to each other —
Ij
so
THE MOWAT GOVERNMENT.
I I
the old distinctions being abolished, and the jurisdictions of the
three *' Divisions" of what was now constituted the Supreme
Court of Judicature were made concurrent. The assiduity with
which the operations of the improved system is watched is
visible in the amendments which ara promptly introduced as often
as called for ; and to-day, thanks to the wisdom and energv of the
Attorney-General of this Province, we have laws regulating pro-
cedure, real property, domestic relations; evidence before the
courts, creditors and insolvent debtors, trial by jury, insurance,
and a vast number of other subjects, which are second to those of
no other country in the world.
Revision of the Statutes,
In the work of Revision, also, the greatest possible industry has
been displayed. This has had the effect of eliminating the repealed
legislation, and of consolidating and arranging, under a most excel-
lent system of classification, that which remains in force. The
first Revision was completed in 1877, the code being published in
two volumes under the title of Revised Statutes of Ontario. A
subsequent revision brought the work down to 1887 — and the pro-
fession and the public have now the advantage of the consoli-
dation of all the laws of the Province ciown to three years ago.
This difficult and successful business of consolidation and classi-
fication was conducted, in both cases, under the direct supervis-
ion of Attorney-General Mowat.
#
Administrative Duties.
To this Department belongs the supervision of the administra-
tion of justice throughout the Province, including the investigation
of complaints made in respect to the conduct of magistrates, the
prosecution of criminals both for offences committed against the
laws of the Dominion and for those against the statutes of the
Province. These prosecutions at the Assizes are conducted by
counsel appointed by the Attorney-General, and at the General
Sessions and Countj'^ Judges' Criminal Courts by the County
Attorneys ; but cases are constantly arising upon which the ad-
vice and direction of the Department is required, while in many
offences of a serious character the evidence has to be obtained
through officers directly instructed by this Department. In con-
nection with criminal prosecutions arise applications for bail,
which in all cases may be made to the judges at Toronto, and in
many serious cases mut be so made ; also applications to be re-
THE MOWAT GOVERNMENT.
SI
lieved from forfeiture of bail. This Department has a great deal
to do with both, especially the latter. These can be favourably
entertained only where the circumstances are of a very excep-
tional nature, and careful enquiry into the facts upon which it is
claimed relief should be granted is always made. It advises as to
proceedings before Justices of the Peace and other inferior magis-
trates, for, notwithstanding the forms provided for ordinary cases,
the applications made to discharge prisoners on Habeas Corpus,
or to quash convictions on account of irregularities, or msufficiency
in the proceedings before these officers, are very numerous. In
many of these, this Department finds it necessary to make enquiry
and to intervene. Cases of difficulty are also from time to time
reserved by Judges at the Assize and mother Criminal Courts for
the opinion of the Judges of the High Court, sitting together at
Toronto ; and these are, wherever practicable, argued by the
officers of this Department. To the Attorney- General also belor gs
the consideration of applications for Writs of Error, for leave to file
information in his name in connection with supposed invasions of
public right, for entries of nolle prosequi, and for the admission
of criminals as Queen's evidence, etc., etc. It is his duty also to
make appointments to all offices connected with the administra-
tion of justice, such as Justices of the Peace, Police and Stipendiary
Magistrates, Coroners, County Attorneys, and officers of the
various courts in the different counties.
U
I
I'
Advisory Duties.
It is the duty of this Department to advise the officers of the
other Departments of the Government upon the numerous legal
questions which constantly arise in connection with the varied
matters coming befofe them ; and advice is constantly required by
County Attorneys, Crown Counsel, Coronera, and all others em-
ployed m the aJrainistration of justice.
It is also the office of the Attorney-General's Department to see
that all Statutes and Orders-in-Council are drawn up in proper
form, and that the public interests, as well as the rights of indi-
viduals, are carefully guarded. This is all the m6re necessary in
the ca^-e of Statutes, since there is only one legislative chamber.
Th^ manner in which the work o£ supervision has been carried
ouf during the Mowat regime is the best possible proof that, with
an experienced and watchful Premier and a competent and care-
ful Attorney-General, there is not the slightest need for a second
one.
In connection with this description of the administration of
82
THE MOWAT GOVEUNMENT.
the Attorney-Oeneral's Department, is the extra work entailed
by the Appeal Cases, in which he stood for the rights of
this Province, against the attempted encroachments upon its
rights by the Dominion Government's political friends of his
present Opposition. The Boundary Question was the most pro-
tracted and important of these, but on account of the length of
its description it may be convenient to consider others first.
* 1. The Jnaurance Case.
An Act was passed in lb76 "to secure uniform conditions
in policies of fire insurance." It enacts a number of conditions,
which were prepared under the supervision of the Superior
Court Judges of the Province, and which are to be read into and
form part of every fire insurance policy issued by every company
doing business in Ontario. Variations from these conditions are
allowed, but they must be cons|)icuously printed in the policy,
and they must be such as a Court or Judge, trying a disputed
case, will hold to be "just and reasonable." The right of the
Ontario Legislature to impose such conditions on insurance
companies opferating under charters not granted under Provincial
authority was contested in the well-known cases of Parsorts v.
The Citiaens Insurance Company, and Parsons v. The Queen
Insurance Company, and the question of jurisdiction was finally
decided by the Privy Council in favour of the Statute. The
judgment in these cases, in 1881, is one of the most important
ever delivered ia support of Provincial Legislative rights.
The following is the memorandum on the subject : —
" An Act of the Province of Ontario to^ secure uniform con-
ditions of policies of fire insurance, was held to be within the
power of a Provincial Legislature over Property and Civil Rights.
Such an Act, so far as relates to insurance on property withiu
the Province, may bind all fire insurance companies, whether in-
corporated by Imperial, Dominion, Provincial, Colonial, or foreign
authority."
2. The Escheats Case.
The estate of the late Andrew Mercer having escheated tathe
Crown for want of heirs, the property, which had been largely
expended by the Ontario Government for the erection of "The
Andrew Mercer Reformatory for Women," was claimed for the
Dominion Governnient. Attorney-General Mowat stoutly con-
tested this claim on the part of the Province. The case was
TUB MOWAT GOVEKNMEKT.
S3
carried to tho Privy Council, and that tribunal decided that
tHcheated lands belonged to the Province, under section 109 of
the British North America Act. 1'he question as to escheated
personal property has not yet been finally decided. .
3. The Rivers and Streams Case.
The principle involved in the suit between McLaren and Cald-
well waa the right of a riparian owner to obstruct the passage of
timber down a " floatable ' stream. McLaren asserted this right
over parts of the Mississippi River, and Caldwell denied it. Ihe
Ontario Legislature, with a view of settling the dispute in the
public interest and without prejudice to either party, passed the
Rivers and Streams Act of 188L This was three times dis-
allowed by the L")omiiiion Government, and as often re-enacted
by the. Ontario Legislature. After the last enactment, in 1884,
it was allowed to become law, the Privy Council having mean-
time decided that McLaren's claim could not be sustained.
The disallowance of this statute, which was not claimed to be
beyond the competence of the Ontario Legislature, was an un-
warrantable exercise of a dangerous power for the benefit of a
political favourite of the Dominion Government, and a complete
violation of the conditions laid down by Sir John Macdonald
himself for the exercise of the power, of disallowance.
4. The Liquor License Case.
The right to control the traffic in alcoholic liquors by means of
license laws was exercised by the various Provincial Legislatures
without interference, from 1867 to 1883. In the latter year the
Dominion Pf},riiament, on the strength of an inference from the
judgment of the Privy Council affirming the validity of the
" Scott Act," passed the license law known as the " McCarthy
Act." This had the effect of throwing the liquor traffic in the
Provinces into utter confusion and greatly increasing the number
of drinking places licensed to sell. The evil caused by this
invasion of Provincial jurisdiction was remedied by two
judicial decisions, / (1) the judgment of the Privy Council in
Hodge vs. The Queen, affirming the validity of the Crooks Act,
and (2) the subsequent judgment of the Supreme Court, an J then
of the Privy Council, declaring the McCarthy Act unconstitutional
and void.
6. Boundary Case.
For a term of no less than isix years, prior to the setting aside
of their pretensions by the judgment of the Privy Council, the
3
84
THE MOW AT GOVKHNMKNT.
Dominion Government were engaged in a persistent attempt to de-
prive Ontario of her awarded title to a large expanse of territory ii^
the northern and western parts of the Province, and also of her
title to the land, the timber, and the minerals comprised wit)iin
the disputed area. The controversy as to the location of tho
northerly and westerly boundaries of this Province began in 1871,
and was settled by arbitration in 1878, and had the decision of
the arbitrators been acted upon by the Dominion Government,
all the subsequent trouble, irritation, aud expense would have
been saved. I'he following summary ot the ease will show the
nature of Ontario's claim, tlie steps taken by the Mowat Govern-
ment to make jt good, the obstacles thrown in their way by the
Macdonald Government at Ottawa, and the attitude oi. the Con-
servative Opposition in the Ontario Legislature towards the
question :
1. The Boutherly and westt ^ly boundaries of the old Province of Quebec
were de6nod by the Act uf 1774 to be the Ohi(> river, westward to the banks
of the Mississippi river, " and northward to the southern boundary of the
territory granted to the merchant adventurers of EngL'ud trading to Hud-
sou's Bay." The Act of 1791 divided that ^'rovince into Upper and Lowei
Canada by a line drawn due north from Lake Teniiscaming to Hudson's
Bay, and Upper Canada was declared to include all that part of Canada lying
" to the westward and southward of said line." {Imperial Acta, 1774 ^*t<^(
1791).
2. By the Confederation Act the Province of Ontario is declared to ba the
part of Canada which formerly constituted the Provincu of Upper Canada
{B. N. A. Act, 1867, section 6) ; and the admission of the North- West Terri-
tory into the Union waa made subject to the foregoing provision (section IJfG.)
3. For % number of years prior to the 'acquisition of the North- West Terri-
tory, successive Governments of Canada claimed that Upper Canada extend-
ed as far west, at least, as a line drawn due north from the head waters of
the Mississippi. (This included the territory av\arded to Ontario in 1878.)
4. A minute of the Canadian Government, dated 17th January, 1857, ap-
proved by the Governor-General, asserted the general feeling in this country
to be, that "the western boundary -of Canada extends to the Pacific ocean,"
(Ontario Boundary Papers, 188Si, p. 2).
5. In tk memorandum of Hon. Joseph Cauohon, Commissioner of Crown
Lands in 1857, it was contended that under the Hudson's Bay Company's
charter it was difficult to arrive ut the result that the Company had any ter-
ritorial rights at all in the North- West (0. B. P. p. SO) ; that the westerly
boundary of Canada was eith'ar the White Earth River, several hundred
miles west of the Lake of the Woods, or the summit of the Rookv Moun-
tains ; and that the northerly boundary was either no particular limit, or the
shore of Hudson's Bay (p. 2^). This contention claimed for Ontario even
more territory than the Province had under the award.
6. In 1857 Chief Justice Draper was appointed by the Canadian Gov-
ernment a special agent to represent Canadian rights and interests before a
Committee of the British House of Commons un the subject of the lludson^d
Bay territory (0. B. P. pp. 4 ^nd 5). Judge Draper advised a reference of
the question to the Imperial Privy Council for decision, and b« confidently
THE MOWAT QOVERNMENT.
9B
ared to bo the
hoped tb»t luoh deoUinn would give to Canada " a clear right weit to the
line of the MiaaiMippi " (p. ^7); but for the purpoae nf such reference " the
oonaeut of both part lea would be indispons^ible " (p. 67).
7. In 1864 a report of the Executive Oouncil recommended '* tlHitthe claim
-7 8). Similar Orders-in-Counoil
were passed in 187B, when new arbitrators were named (p. 26G). Informa-
tion with respect to the progress of arrangements was from time to time com-
municated to Parliament and the Legislature {p. 442).
15. The arbitrators met at Ottawa in August, 1878, and after hearing the
rguments of counsel on both sides they madn a unanimous award (0. B. P.,
pp. 301-370), Their decision, as stated by Sir Francis Uincks, one of the
arbitrators, was arrived at "after a careful study by each arbitrator of the
evidence in the case, and without previous consultation or cominutiicitionof
any kind with one another" (p. 409). "The only questions of doubt were
decided in favor of the Dominion" (p. 431). " 1 believe," Chief Justice
Harrison, another of the arbitrators, wrote, " there never was an award made
in a matter of such importance that is so little open to honest criticism" (p.
424). The third arbitrator waa Sir Edward Thornton, British Ambass^idor to
the United States.
16. The Legislature of Ontario in the session of 1879 passed an Act giving
its assent to the award (0. B. P. , p. 372), and various despatches were sent
to the Duminion Government during 1879, 1880 and 1881, urging a settle-
ment of thequesticm according to the award, but without eliciting anv further ■
reply than an acknowledgment and a jjromise of consideration {pp. 871>
373, 377, 403 and 461).
17. In the session of 1880 the Legislature passed a series of reaolulions
with respect to the award, expressing a determination that " the rights of the
Province as determined and declared oy the aw.ird of the arbitrators" should
not be firmly maintained. Every member of the Opposition voted for those
resolutions (0. B. P.,pp, 386-7). Another series of resolutions was passed
in the session of 1881, affirming that " it is the duty of the Govomment of
Ontario to assert and maintain the just claims and rights of the Province of
Ontario as determined by the award of the arbitrators." Every member of the
House but one voted for those resolutions (p. 406) ; but in the session of 1882
the Opposition voted in a body against a similar set (pp. 485-9).
18. In 1880 a Committee of the House of Commons was appointed to in-
quire into matters connected with the boundaries of Ontario, and a£ter hear-
ing a mass of ex pay te statements, not under oath, this Committee expressed
the opinion that the award did not describe the true boundaries of the Pro-
vince (0. JB. P., p. 447). In the session of 18«1 an Act wea passed extending
the boundaries of Manitoba eastward to the boundary of Ontario, wherever
it should be, thus n?aking the Province of M mitoba a party to tne dispute,
in spite of protests by the Ontario Government (pp. 408-13). In January,
1882, the Dominion Government addressed a despatch to the Ontario Gov-
ernment on the matter in dispute, and thereby for the first time formally re- '
pudiated the award {p. 468). The same despatch proposed a reference to the
Supreme Court or to an English ex-Judge, and argued against a reference to
the Privy Council, thoui^h expressing a willingness to agree ilieruto, if the
Provinces of Ontario and Manitoba shnnld bnth prefer such a reference. The
Ontario Government imreply, under date 18th February, 1882, declined the
THE MOWAT GOVERNMENT.
37
ny Dominion
d in referring
rerumeut and
k. Orders-in-
referees were
them) on the
given by both
r giving bind-
ers-in-Counoil
G). Informa-
I to time oom-
iv hearing the
ixdiO.B.P.,
ca, one of the
itrator of the
imunicitionof
f doubt were
Chief Justice
,n award made
criticium" (p.
^mbaasador to
1 an Act giving
hes were sent
^ing a settle-
g anv further •
llUli {pp. '67ly
of resolutions
rights of the
ators" should
)ted for those
na was passed
ovornment of
e Province of
ember of the
sBsion of 1882
jointed to in-
id after hoar-
,ee expressed
B of the Pro-
ed extending
rio, wherever
i the dispute,
In January,
)ntario Gov-
formally re-
erence to the
, reference to
Lereto, if the
frence. The
I declined the
proposals as to the Supreme Court or an English ex Judge, pointed out the
advantages of a direct and immediate reference to the Privy Council,
made suggestions as to evidence which would save delay, and urged the ne-
cessity of provisional arrangements respecting the government of the terri-
tory and the management of its lands, etc., meanwhile. {lb. pp. 472-4S0,
Out. Sess , Pap., No. 23, 1882-3.) In the Parliamentary Session of thi- same
year a i*eaolution was passed by the House of Commons proposing to refer
the subject to the Supreme Court or to the Judicial Committee of the Privy
Council (p. 490). Tliis recolution was communicated to the Ontario Govern-
ment on the 2nd September, 1882, and replied to at length on the 11th
December, 1882, complaining (amongst other things) that the resolution
" while it involved an indefinite prolongation of the unuecf ssary and injurious
"dispute, offered no relief in respect of past wrong?; contained no proposal
"for the government of the country pending the delay ; submitted no pro-
" posal for the temporary legi8lati)n which so extensive a territory will,
"from time to time,- require in matters of Provincial jurisdiction ; offered
"for the management of the lands a proposition so vague and indefinite as
"to make impossible its intelligent c 'Cisideration ; and failed to show an;*
" readiness to terminate the dispute which the Dominion Government had
" raised, and have for more than four years kept open, to the great admin-
" istrative disorder of the territory, and to the great injury of this Province."
19. During the year 1883 the Manitoba Government mode an atiempt to
86123 and 'hold the disputed territory as far east as Thunder B^iy. When this
attempt was resisted at Rat Portage by the officials of the Ontario Govern-
ment, the Winnipeg Field Bittery, with the consent, if not at the instigation
of the Dominion Government, was sent to enforce the Manitoba Govern-
ment's pretensions. The tact and firmness of the Governmeut of Ontar^and
of their officers prevented on the one hand an outbreak of violence, and avoid-
ed on the other even a temporary abandonment of the rights of the Province.
20. In Decetnber of the same year, at a conference between the representa-
tives of the Ontario and Manitoba Governments, an agreement was arrived
at, providing for a reference of the boundary between the two Provinces to
the Imperial Privy Council, and for th« peaceable administration of the dis-
puted territory pending the decision of tne case to be confirmed by the two
Legislatrres. {(hit. Sess. Papers of 1884, i\'o. 3). This was doiiey and th- Tnvy
Council early tii 1^84 decided tlie diipute in favor of Ontaito, defining the
boundary as substantially laid down by the arbitrators in 1878. The refer-
ence was Rs to our western boundary only, Manitoba having no interest in
the northern boundary, and the Dominion Government declifiing to have it
included in the reference.
21. Notwithstanding repeated efforts on the part of the Ontario Govern-
menttb induce the Dominion Government to A^ree to a definition of the whole
northern boundary, nothing was done to complete the unfinished description
until the year 1889, when, the Imperial Parliament passed an Act confirming
both the western and northern boundaries substantially as awarded in 1878.
Had the Dominion Government consented to a reference of the northern
boundary to the Privy Council at the same time as the western boundary, in
which alone Manitoba was concerned, the matter would have been settled
long before. The dispute had been kept open for the obvious purpose
of other attacks on the Province of Ontario.
22. Sir John Macdonald, in a speech delivered shortly before the Privy
Council's decision, publicly declared that, though the boundary ques-
tion should be settled in favour of Ontario, this Province did not own the land,
or the timber, or the minerals of the disputed territory. The implied threat
couched in this declaration he afterwards sought to make good oy assisting
Mil
^1!
38
THE MOWAT GOVERNMENT.
the St. Oatharinei' Milling Company, to which he had made extensive grants
of timber liVnits, to contest in the Oourts the right of the Ontario Qovernment
to collect dues on timber cut in the disputed territory. The case was first tried
by Chancellor Boyd, and was by him decided in favour of the Prorinoe. The
Milling Company carried it to the Ontario Court of Appeal, which unani-
mously sustained Chancellor Boyd's Judgment, and afilrmed that " lands
uugranted upon which Indians have been accustomed to roam and live in
their primitive state form part of the public lands, and are under the British
North America Act now held in the same manner by that Province in which
such laiula are situate as before the confederation of the several Provinces."
23. Not content with this decision, Sir John Macdonald aided the St.
Catharines' Milling Company in carrying the case on appeal to the Supreme
Court of the Dominion, Dalton McCarthy, M. P. for North Simcoe, being
retained at the expense of the Dominion Government as counsel for the Com-
pany against the Province. The result was a Judgment still sustaining the
contention of the Province. One would have thought, with all of his experi-
ence with the Privy Council, that the "Great Constitutional Lawyer," friend
of our Ontario Opposition would have discountenanced the proposal of the
St. Catharines' Milling Company to carry their case further. The resources
of the Dominion, however, were at his back, and he determined to use them
to defeat this Province if possible. With the silent consent of his friends in
the Ontario Legislature, not one of whom uttered a word of protest, Sir
John Macdonald backed the St. Catharines' Milling Comp&ny in their final
attack, only to receive, after mature consideration, the judgment of the
Privy Council establishing the claims of the Province, not only to the Crown
lands in the territory, but to everything in and upon these lands.
24. Thus ended the bitter struggle, in a complete triumph for Ontario and
her patriotic and skilful Attorney-General, who is now able to count six
victories before the highest Court of Refeience in the Realm, in favor of
what, in every contest, he had held to be our Provincial rights. He has
conducted most of these battles, and several of them he fought in person ; and
though the Leader of the Opposition for a short time appeared to support
the brst contention of the Province as to the Boundary, yet from that day to
this his sympathies have evidently been with his Ottawa Chieftain, and he
has given the Attorney-General not one word of comfort or assistance in any
of these str^iggles for the rights of the Province. And now he comes, with
all the assurance possible, to iisk the people of Ontario to depose their patri-
otic Premier, who has so long fought their battles and so wisely administered
their affair.^, and to place himself upon the vacant throne. Are they likely to
do such a thing 1
2o. Finally, it is a n'atter of some little in(orest what would have become
of oar territory if the friends of our Ontario Opposition had obtained
possession. The question needs not go long unanswered. It is evident that
the Dominion Government have from 1878 down regarded the Disputed Ter
ritory as a preserve to be made a means- of rewarding its jobbern and partis-
ans. The following is a list of the principal Tory M. P.'s, M.P.P.'s, wire-
pullers, manipulators, and managers, among whom the timber limits of this
territory were largely parcelled out by the Domnion Government after the
award of the Privy Council declaring the territory to belong to Ontario,
with the dales of the Order- in- Council granting the limits, the number on
the plan, and the quantities granted. It will be seen that they considered it
a true Tory policy, in such a case, to make the most of their time :-~
fv
THE MOWA.T GOVERNMENT.
80
awyer," friend
ft
s;
I
T
40
THB MOWAT GOVEKNMENT.
i I
and eighty othera, including saoh prominent Toriea as : Smith and Mair,
HaDiiltoa, St. Catharines Lumber Co., James Tsbister, H. J. Scott, T. W.
Currier, W. B. Soartb, Hiram Robinson, A. J. Jackrton, James Murray, St.
Catharines, A. J. Parsons, Rat Portage, MoCaul and McDougall, MoArthur
and Boyle, Winnipeg, Bankers, etc. There are not half-a-dozen Reformers
among the whole lot. All of these gentlemen, unless where otherwise indicat-
ed, received fifty square miles, or 33,000 acres each, without competition, or
bonus. Well is it for Ontario that there is a Mowat and a Privy Council. If
it were not so, these Tories, with the help of their great manipulater at Ot-
tawa, and with the approving smiles of their friends of the Ontario Opposition,
would soon get away with our north-western territory, and expect us to
reward them with office for so relieving us.
26. The expense necessarily incurred by the Province in thus defending its
rights has been very great. But it has resulted in the establishment of the
principle of Provincial autonomy and right, and, so far as this Government
is concerned, is money well expended. The responsibility for much of the
outlay rests with the Opposition, who might have checked their Ottawa
friend if tliey had been true to their Province. When they were willing to
see our funds go to the amount of $100,000 in the Boundary Contest, and
the subsequent suit of the Milling Company, what would they have done
with the territory if their friends h^ got it, and how would they spend our
money and rule the country if they got into power ?
I
t ;!
ri
THE MOWAT GOVEONMENT.
41
DEPARTJIIENT OF PrBLIC WORKS.
This Department has been, during the past four Parliamentary
terms, under the management of the Hon. C. F, Fraser, and has
been conducted in such a way that though large amounts of
money have been spent from time to time under contracts, the most
vigilant and unscrupulous opponents of the Government have
never till quite recently ventured even to hint at corruption or
mismanagement. An effort was made during the late session by
one of the members of the Opposition to fasten upon the
Minister a charge of maladministration in connection with the
new Parliamentary Buildings. The attempt singularly failed,
and was laughed out of the House, even the Leader of the
Opposition practically admitting that the charge was not
sustained. Indeed, after the discussion, all that was left of the
matter was the statement that the architect of the works was
an American, — though the fact was that he was born in England,
but had of late years resided in Buffalo. He secured the
appointment after a fair competition, expert judges deciding
that his plans were the best.
The following quotation is from the speech of the Hon.
Minister of Public " Works, on March 6th, 1890, in reply to the
charge referred to. His challenge for the appointment of a
Commission to investigate was never accepted : —
Mr. Creighton, Hon. Mr. Fraser said, was not quite Bur© what the word
"jobbery " meant, bo h|Jk>oked it up in Webster, and then had considered
that the words " jobbSf^" and "corruption" were terms proper to be
applied to himself (Mr. Fraser) and the architect of the new Parliament
Buildings. Now, Mr. Creighton could not have avoided knowing, as an old
journalist, as a man long in public life, and also as a man too /•Hie not to
have the knowledge, that a charge of jobbery and corruption against a
Department was a charge against the head of the Department himself, a
charge that he was in some way getting some private advantage at the
expense of the public, and therefore dishonestly. Now, to remove any doubt
that the Empire must have intended the public to understand the charges
in this light, he would place some other extracts before the House,
besides the one Mr. Creighton had succeeded in discovering. In the
Empire of January 22nd, 1889, appeared an editorial article entitled
" Parliamentary Buildings Job." The phrase in this article to which he
took particular exception was that which closed the article, viz., the whole
transaction teems with jobbery and wrong-doing. Now, continued Mr. ^
Fraser, there could not be a worse charge against the Government or
against a Department. Now, in place of makidg any retraction of a
charge against the honesty of the speaker, Mr. Creighton had charged
him deliberately — not with having made any personal gain, bat with what
42
THE MOW AT GOVKRNMENT.
WM just u bad. It was no excuse for a publio man to say be had not
put any plunder in bis own pocket — that he had not stolen himself, if be
allowed others to do so. Mr. C-8ighton must be very stupid, or dull, or
obtuse, if he did not see that his explanation this afternoon onlv made
matters worse. He repeated that Mr. Creighton had chained that ne (Hr.
Fraser), with knowledge of the matter, with knowledge of what was in
the mind of others whom Mr. Creighton charged with dishonest transac-
tions, had wilfully lent himself to such transactions. " I tell him," said
Mr. Fraser, " he oan have a Commission, and can have the opportunity of
proving what he has charged. I stake my reputation on the result."
(Loud applause.) ^
The folio *!ng t^oie gives the amount spent between 1867 and
1889 op the buildings and works erected or maintained at the
expense of the Province, under the control of this Department,
and shows the object in view in the expenditure : —
Public Bv Ain^-i
and Works. {Capital Account)
^18^7-1889.)
NAME
\V >R.tC
Oovemmsnt House
Farlianient and T)ep rtmental Buildings
New Parlianient and Departmental Buildigv, Queen's Park :..
Asylum for thd Insane, Toronto
" •• " Mimico Branch
♦* " London
" " Hamilton
" " Kingston
•• (Branch) " " .^^.
Asylum for Idiots, Orillia Wf^.
Deaf and Dumb Institute, Belleville
Blind Institute, Brantford —
Reformatory for Boys, Penetanguishene
Central Prii-on, Toronto
Agricultural College, Guelph
Stiliool uf Practical Science, Toronto, (old building)
'♦ •' " " (new bld'Dg and addition)
Andrew Mercer Reformatory for Female?, Toronto
t) <( i( •<
Educational D'pt and Normal and Model Schools, Toronto
Normal and Model School!*, Ottawa
Oovemment Farm, Mimioo
Osfrioode Hall, Toronto.
Agricultural Hall, Toronto
Brook's Monument, Qaeenston Heights
*NoTB, — These items cover the expenditure by Public Works Department
in Inspect of the construction of the new buildings, but do not include the
amount paid to Toronto University for the old Asylum premises.
Totals.
9 c.
169,563 97
86,285 98
451,781 39
298,268 00
178,097 04
7:«*,400 95
663.260 31
321,088 22
9,422 82
292,081 72
233,856 80
233,618 45
140,311 48
677,671 66
344 874 59
59,100 28
88.329 54
l4
171 1351
162734
122772
109002
114050
82
52
148
139
97
79
57
89
110
149
188
123
110
155
150
143
125
149
133
109
74
84
i
2120
956
4685*
:M52{
22684
6038
2141
:i8st6
2261
5534
6037
4911
;i621
8«70
5562
8927
5809
6998
5474
5"i!U
2797
3708
Total 153 \2i,7i>& | 3,:W;,3334| 2,545|100,:i63i 11,037 1 10,04
11
Jr.
128
no
66
89
283
354
756
670
64t;
642
472
513
4S7
487
502
790
605»
•681
70tf
64'.'
523
880
The population of the free grant district has increased witK
great rapidity under this system of settlement. In lb7l the in-
habitants of Muskbka, Parry Sound, and Ni pissing district.-
numbered only 0,919; at the census of 1881 they numV)ered
27,204. At the pi esent r2,te of increase the population of these
districts cannot be far short of 45,000. A similar increase has
taken place in those portions of Haliburton, Peterboro', Bastings,
Addington, Frontenac, Renfrew, and Algoma, which have been
brought under the operation of the " Free Grants and HoiiiesteadH
Act."
The sales of lands are still considerable in spite of the working
of the free grant system. In 1889, according to the Crown Lands
Commissioner's Report, there wei e vsold of Crown, Clergj', Common
School, and Grammar School lands, 55,424 acres, for the sum of
$73,388.08.
Woods and Fo rests.
The revenue from timber is derived from (1) bonuses, (2) annual
ground rents, and (3) timber dues. The timber limits nr'^j.rlways
disposed of at public auction, the person obtaining a lim* , )eing
THE MOWAT OOVEUNMENT.
49
the one who bids tho highest, the ground rent being the same in
all canes — ^3.00 per sqnaro mile — and the timber dues ($1.00
per thousand feet) being payable only as the timber is cut. The
bonus secures for the purchaser nothing more than the firnt right
to obtain an annual license to cut timber on a particular limit,
subject to the payment of ground rent and of certain dues on
every log cut. The chief part of the yearly revenue from thia
branch arises from the collection of ground rents and timber dues,
but, from time to time, as settlement encroaches on the timber
lands, the latter have to be put under license, i.e., sold at auction,
in the sense above ex plamed.
The total collection for the year covered by the last report is
§1,078,598 12, which includes $(Jf),068.16 paid in on account of
Bonus; the latter amount being deducted leaves $l,()12,5.'jy 06
as the revenue from timber dues, ground rent, etc., during the
year.
Sales of Timber LimiU.
Since Mr. Mowat became Premier in 187" every sale of
timber limits has been carried out under the ispices of the
late Commissioner of Crown Lands. The area sold within
the 17 years to 1890 was 3,276 square miles, for which the
Ontario Government received in round numbers, by way of
bonus, the largo amount of $2,460,081 m average raHi of
nearly $751 a square mile. For the same ; of timber lauds,
the Dominion Government received, by way ui bonus, only $14,-
535, or a uniform rate of onjy five dollars a square mile. The
difference between these two sums representc what has gone into
the pockets of speculators' and of supporters of the Government
at Ottawa. The sale of timber limits in 1887 disposed of 459-
square miles, and realized $1,313,755, or the magnificent average
ot $2,859 a mile.
The first sale of pine timber lands, after the Liberal party came
into power in 1871, took place in 1872, while the Hon. W. R.
Scott was Commissioner of Crown Lands. The aroa then disposed
of was about 5,000 square miles. The transaction was, during the
next session of the Legislature, exhaustively discussed in all its
aspects, and the Assembly, by a large majority, endorsed what
had been done, only four members voting against the Tesolution
of approval, while Messrs. Cameron and Meredith, the past and
the present leader of the Opposition, were amongst those who voted
for it. This sale has been endorsed by the people, after full dis-
ciission, at four general elections (1875, 1879, 1883, and 1886), so
that there is no longer any need to discuss it as an open question.
1 ir
i
I$0
THE MOWAT QOVKBNMENT.
The total amount bid at the sale was $592,601, and some limits,
in respect of which the purchasers failed to comply with the pre-
scribed conditions, have been re-sold at auction with satisfactory-
results. ,
It is instructive to compare the sales above referred to with the
•sale of timber lands made by the Conservative Government of
the Province of Quebec. Between October, 1873, and January,
1890, the Quebec Government sold 6,235 square miles, realizing
by way of bonus the sum of $398,722, an average of about $62
per square mile, as compared with the average of $400 per mile
realized by the Ontario Government.
It is to be observed, as has been previously st^ated, that what
was sold in Ontario was only the right to cut the pine timber
upon the territory, and that the timber when cut will be subject
to the ordinary timber duties mentioned above. In this way a
large sum will be paid into the revenue annually as a result of
the sales. No right or title whatever in the land was con-
veyed to the purchasers at the sales, and the licenses issued to
them are strictly under the control of the Legislature and th«
Department.
Comparison: Ontario vs. The Dominion.
The following schedule will show the comparison between the
general sales by the Department of the Interior of the Dominion
Government of Dominion timber limits and the last sale of
timber limits in this province in 1887 : —
Amount of
bonus per
square mile
Annual
ground
rent.
Duet per ra feet.
Board measure
Ontario
^,859
f i.OO ,
$1
Dominion -
• Nil
05.00
75 cent*.
I H
On a limit of 50 square miles (which is the average size granted
by the Dominion Govemis ont) the gain to the people of On-
tario in bonuses over the Dominion system would n:>e 9142,950.00
Oo an average limit of 50 square miles the gain to the Provined
on dues alone would be 12,500.00
1155,460.00
Less $109 difference in ground rent , 100.00
Leaving the irat f am in favor of Ontario on 60 square mile'^ ' i55,350.00
THE MOWAT GOVERNMENT.
51
Crovm Lands Revenue.
The importance of this Department as a source of Provinflal
revenue, is seen from the following table of receipts during the
years 1878-89 :
Crown Lands and Timber Revenue.
1873 $1,121,264
1874 890,676»
1875 494,004
1876 637,370
1877..... 628.713
1878 445.192
1879 457,340
1880 616,311
1881 992,504
Carried over $6,283,374
Brought over $6,283,374
1882 $1,095,152
1883 635 447
1884 670,305
1885 736,865
1886 820,895
1887 1,118,892
1888 1,450,089
1889 1,204,6S9
Total, $13,915,658
The average of the receipts for the past .seventeen years, there-
fore, has been about $773,000 a year, and the table shows that
though the revenue fluctuates it does not steadily decrease. The
importance of the Department from this point of view demands
that it should continue to be administered with the same^^busi-
ness capacity, and the same freedom from favouritism and cor-
ru[)iion in the future as in the past; as, under the present Com-
missioner, it undoubtedly will.
Prevention of Bush Fires.
In order more effectually to prevent the destruction of valuable
forests by fires, and more stringently to enforce the provisions of
the Act for their preservation, a number of men are placed in
the summer months on the various timber limits which, from the
advance of settlement, or other causes, are exposed to danger
from fire. The efl^ect of their presence is always most beneficial.
"Fires are suppressed which might otherwise become vast con-
flagrations, causing incalculable loss. Persons wantonly violat-
ing the provisions of the ' Fire Act ' are promptly brought to
justice and fined, and a general and strong interest in the dir-
ection of preventing the starting and spread of bush fires is
created and kept alive." The cost to the Province is trifling,
considering the amount of property saved from destruction.
There was paid during the year covered by last report on
52
THE MOWAT GOVERNMENT.
il
account of this service $24,113.08, but of this $6,258.55 was on
amount of 1887, leaving the net expenditure on account of this
year to be $17,854.53 — one half of which is refundable by the
Licensees.
The information gathered shows about seventy distinct fires ;
timber damaged, one hundred and sixty millions of feet, of which
not more than about ten or fifteen millions will be a total loss.
The principal cause of the fires is given as the setting out of
fires by settlers in the process of clearing their land for cultiva-
tion, and carelessness as to the surrounding circumstances.
Colonization Roads. '
In the absence of railways, these great highways are the only
means by which intending settlers can have access to lands set
apart for settlement. Without them the great Free Grant dis-
tricts could never have been settled at all, and a large proportion
of the revenue derived from the sale of Crown Lands would not
have been realized. Even in localities traversed by railways
they retain their usefulness, for without them the railways them-
selves Would be comparatively inaccessible to the settlers. Some
idea of the importance of this branch of the public service, and
also of the rate at which it is expanding, may be obtained from
the Allowing table, the comparison being between the Sanfield-
Macdonald Administration (1807-71) ajijd the Mowat Administra-
tion (1872-89) '.—
1807 71. Yearly Avernge. 1872 89. f early Average.
New roads built. .218 miles 53 miles 3256 miles 180 miles
R..ad8 repaired... 44 1 «« 110 " 6^70 " 370 "
Bridges built... 2 672 feet (68 feet 53708 feet 2f8;{ feet
Expenditure., f 178,000 $44,600 $1,999,018,25 $111,056
The expenditure of nearly two millions of dollars is, of
course, a return of surplus revenue to the people. A large part
of the Provincial revenue is derived from the sale of Crown
Lands, the sale of timber limits, and the receipt of timber dues ;
an«l it is not merely a wise policy to use a portion of that revenue
to develop the country, but a just policy to use it in alleviating
the inevitable hardships of backwoods settlen)ent and frontier
life.
THE MOWAT GOVER>'MtKT.
53
'i ;i
;l;'
PROTOCIJLL TREASURER'S DEPARTMENT.
The Treasury Department proper, including the Audit Office,
has entrusted to it the keeping of the accounts of the Provinc**,
and embraces the management of the Public Institutions. No
charge of either corruption or inefficiency has ever been made
against these branches of the public service, under either the
present Treasurer, Hon. A. M. Ross, or his predecessors.
Railway Aid.
In the session of 1871 an Act was passed at the instance of
the Sandfield Macdonald Government, setting apart a million and
a half of dollars (Sl,cOO,()00), as a fund for the purpose of aiding
railways on certain conditions. It was contended by the then
Opposition that the grant to eaclv rail way should be submitted to
the As-embly for its approval before being paid over to the com-
pany constructing it, and when the Liberal party came into power
in la72, an Act was passed requiring this to be done.
By another Act, also passed in 1872, the " Railway Fund " was
increased from $1,500,000 to $1,900,000, and a " Railway Subsidy
Fund" was created by setting apart the sum of $100,000 a year
for twenty years, vspecial appropriations to particular roads were
made by Acts passed in 187 1), 1877, 1878, and IhSI.
During the present parliament, in 1889 and 1890, aid was
granted to ^lertain colonization railways, these being in the new
Thunder Bay, Algoma, Parry Sound, and Nipissing Districts.
The total mileage of the railways so aided was 288 miles, and
the grant being $3,000 per mile, the total sum granted towards
the opening up of these outlying districts in this way was $828,-
000. These subsidies, added to previous ones to other lines, bring
the amount granted to railways out of the surplus revenues, and
thus given bjkck to the people, to a total of more than seven and a
half millions of dollars.
By a series of enactmetits extending over many years, muni-
cipalities were authorized to vote sums in aid of railways, and
advantage was extensively taken of the powers thus conferred.
The policy of liberally aiding railways out of Provincial funds
has had the effect of stimulating the liberality and enterprise of
the munic'.palities, which have granted, by way of subsidies to
railways, about twice as great a total arnoUnt as that granted by
the Government, Under the Municipal Loan Fund settlement
54
THE MOWAT GOVERNMENT.
scheme, about to be considered, the Province has repaid to the
municipalities, as appears from the various statements of the
Treasurer, almost a million and a half of dollars, which is to be
added to the sums paid directly to the several railways, thus in-
creasing the bulk sum paid to the people to assist in their railway
enterprises, to nearly nine millions. This liberality has secured
the building, or projected building, of 3,000 miles of railway, thus
making Ontario, in the matter of such accommodation, one of the
moat adequately equipped cowntries in the world. The total Pro-
vincial and Municipal aid thus granted has exceeded $21,500,000.
4
Surpltbs Diatribviion and Municipal Loan Fund.
The payments in aid of railways, liberal as they were, did not
exhaust the accumulations of surplus revenue.
In the session of 1873 Attorney-General Mowat submitted a
measure for the distribution of a portion of the surplus in connec-
tion with the settlement of the Municipal Loan Fund question.
The total indebtedness to the fund amounted, in 1872, to twelve
million dollars ($12,000,000), and on this immense sum the Pro-
vince at large had to pay interest.
The Municipal Loan Fund Act of 1873 authorized the appropria-
tion of a certain sum out of the Provincial surplus to each
municipality according to population. To a municipality not in
debt to the Loan Fund the amount was to be paid in full. To
one in debt to the Fund the subsidy was to be set off against the
debt, the balance, if there was one, being payable to the munici-
pality. In cases where the amount of debt exceeded the amount
of subsidy the municipality remained liable for the difference.
By the operation of this policy, inestimable benefits were
^ conferred on the municipalities. Some were relieved from a
crushing incubus of debt, and all w^ere made participators in the
general prosperity of the Province. The total amount distributed
under this scheme was about $3,447,525,
The following table shows to what purposes the greater part
of this subsidy has been applied by municipalities ; •
In roads and bridges $1,181,682 06
In paying debts caused by granting aid to railways 987,889 18
In payinff other debts incurred for permanent works not
specified 28,679 56
In educational purposes, including school-hointes built, school
debts paid, and investments for school purposes 705,468 36
In building and improving^ town halla 147,346 40
(72 town halls have been Built or paid for, and a large number
of markets and lock-ups).
\l
THE MOWAT GOVJEBNMENT.
65
part
■
In town and village improvementa, by constraotion of water-
works, making aidewalks, plantiu<| shade-trees, and buy-
ing steam fire engines 76,432 66
(n making and improving harbours 43,749 46
In drainage 27,642 27
In paying share of cost of county buildings, and aiding in
the erection of mills and manufactories 13,382 50
In buying and.laying out public parks and ngricultaral society
grounds 4,954 26
In the purchase and improvements of cemeteries 1,917 02
In aid given to unoivanized districts, in making roads and
bridges, and building schools 6,334 82
Total $3,225,378 64
Drainage Inveatments.
As far back as 1869 an Act was passed, auihorizing the
Govemment to advance money for the drainage of large areas,
the works to be carried out under the Public Works Act of 1868,
and the improved land to be used as security for *the repayment
of the advance by means of a rental charge.
This Statute was repealed by an Act passed in 1873. It
made still more liberal arrangements for the construction of
drainage works, which under it may be undertaken at the in-
stance of the owners of the land, and without the intervention
of any municipal Council; the security and mode of collection
remaining the same.
By an Act passed in 1873 it was provided that the Govern-
ment might advance money at the rate of five per cent, to muni-
cipalities for drainage purposes, leaving the work to be done by
the local authoritaes. The method of investment under this
system is the purchase of municipal debentures to the required
amount, the municipality being responsible for the payment of
the debentures, and being left to collect for itself the amounts
charged agajnst the lands benefited.
The maximum amount invested under either system cannot at
any time exceed $350,000, but the money, as it is repaid by one
municipality, may be lent to another. In this way the total
amount invested under both plans up to the end of 1885 was
about $941,200, and for the four succeeding years, including 1^89,
$143,605.75. The area drained is made up of tracts scattered
over the counties of Kent, Lambton, Middlesex, Elgin, Lanark,
Lennox, Grey, Addington, Peterboro', Essex, Leeds, Welland,
Huron, Bruce, Durham, Perth, Hastings, and Haldimand.
Another application of the same form of investment was made
ill 1878, by an Act authorizing the Government to advance
i
ii
Hi
60
THE MOWAT GOVERNMENT.
money at five per cent., through the medium of municipal de-
bentul-es, for tile-draining purposes. The total amount so in-
vested must never exceed $200,000, and the amount that has
been invested to close of 188i) is S78,45G.69. In 1887 the Gov-
ernment reduced the rate of interest on all drainage loans to four
per cent.
Audit of Public Accounts. *
In the session of 188C an Act was passed ** to provide for the
better auditing of the public accounts of the rrovince." It
creates a Treasury Board of three members, who are Ministers of
the Crown, and also creates the office of Auditor-General, the
incumbent of which is removable from office only on address of
the Legxl^tive Assembly to the Lieutenant-Governor. The
Auditor- General's duty is to " examine, check, and audit all
accounts of receipts and expenditures of public moneys ;" to " see
that no cheque issues for the payment of any public money*, for
which there is no direct legislative appropriation; " to present t>
the Legislative Assembly a statement of all expenditures made,
on the order of the Treasury Board, without his sanction ; and
to prepare the Public Accounts for submission to the Legislature,
The system of auditing the Public Accounts, rVreddy efficient, has
been made by this Statute still more so, whi. the people of the ,
Provitico have as satisfactory a check upon irregular expenditure
of public funds as it is possible to devise.
Financial Administration.
The financial policy of the Mowat Government has been
characterized by the most careful economy in all Provincial ex-
penditures that are under administrative control, and by a liberal
expenditure of surplus revenue for local services of various kinds,
which, but for the relief thus afforded, would have greatly in-
creased the burden of municipal taxation. The absolutely neces-
sary expense of carrying on the Government of the Province
absorbs a comparatively small part of the Provincial revenue. It
has been the policy of the Mowat Government to return the rest
of it annually to the people, instead of hoarding it up as an ad-
dition to the large surplus already in the Provincial Treasury.
That this policy of surplus distribution had once the approval of
Mr. Meredith is shown by the following extract from one of the
first 8i)eeches made by him after he assumed the leadership of the
Op|)Osition :— »•
"One question upon irhioh it waa incumbent that they should submit a
policy was that of the disposition of the large surplus which the honorable
h
THE MOWAT aOVERN?4ENT.
h
member for Elgin said wan at the disponal of the Province. In not indicating
their intentions with reference to the Rurplua of four and one-half millions
which they claimed to have in hand they were certainly untrue to thfcir duty
and unworthy of confidence." ,
If his subsequent utterances and actions have not always been
in harmony with this expression of his views it is his place, not
that of his opponents, to reconcile them.
Independent Criticism.
«
The Mail in a criticism of the Provincial Treasurer's financial
statement, said : . ,
"The Provincial estimates for 1890, which were submitted in the Assem-
bly yesterday provide for a gross expenditure of ^,420,000, The ordinary
expenditure will be $2,829,000, the capital exper diture $566 000, and that on
account of refunds $25,000. The gross expenditure of Quebec for the fiscal
year 1890-1 will exceed five millions. The general conduct of the Ontario
Government is not beyond criticism, quite the contrary ; but it mutt be
allowed that its management of the finances has been thrifty, judicioun and
cZean."— (Feb. 13th, 1890.)
And on April 11th, 1890, the Mail said editorially : —
"The Government can also make out a good case for itself in regard to its
administration of the finances. After dealing liberally by the niuuicipalities
and exhibiting a creditable enterprise in building railways and erecting pub-
lic institutions, Mr. Mowat is able to show a comfortable surplus. Instead
of having a surplus of five or six millions in the treasury, Quebec has a debt
of thirty millions, and, in spite of the direct taxes imposed on commercial
corporations and of other revenue raising devices, a fresh loan is inevitable.
It must also be admitted that Mr. Mowat has passed many progressive meas-
ures aflectingf the general interests of the community, and that, on the
WHOIif, HIS MANAGEMENT HAS BBEN CLEAN AND FREE PROM SCANDAIi, TheSA
are powbrfui. reasons for oivtNO him a new t»rm." — (April 11th, 1890.)
A Policy of Relief.
When the Liberal party came into office in 1871 there were two
courses open to them in dealing with that portion of the annual
revenue which is in excess of the sum absolutely required for the
public service of the Province — that is to say, for Civil Govern-
ment, Legislation, and Administration of Justice. They might
have adopted a policy of hoarding up the annual surpluses and
allowing them to accumulate in the Treasury, throwing upon the
people the whole cost of Education, of the local administration of
justice, of the maintenance of convicts and lunatics, of the relief
of the poor and the diseased, and of the construction and main-
tenance of coioilization roads. Had they done this they might
liow have been able to show a total surplus of nearly fifty mil-
i \'
■!|
w
Y^
V,
58
THE MO WAT GOVERNMENT.
lions of dollars, for the accumulated sum would have been itself
a source of steadily increasing revenue. They preferred to take
the alternative course of relieving the burden of municipal taxa-
tion, by expending not merely the surplus revenue of each year
as it accrued, but also a large part of the accumulated surplus with
which they were called upon to deal when they took upon them-
selves the ta»k of administering the afi'alrs of the Province.
The Surplus.
When the Liberal party came into office in 1871 they found in
the Treasury an accumulated surplus of t sh and trust funds,
amounting to nearly seven millions of dollacs ($7,000,000).
By an Act passed the previous session a million and a-half of
dollars ($1, A 00,000) had been appropriated in aid of railway con-
struction. This sum was suKsequently iucrensed by several other
Acts until it amounted to a total of $7,500,000, by far the greater
portion of which has already been paid.
In 1^73 an Act was passed appropriating out of. the accumu-
lated surplus nearly three and a-half millioas of dollars; to be di-
vided amongst the various municipalities, and used as a meanf of
wiping out the indebtedness of some of them to the Municirml
Loan Fund,
Each year a large and ever increasing amount has been spent
out of currenU revenue on services the cost of which would other-
wise have greatly increased the burden of municipal taxation.
Even these payments did not usually exhaust the annual revenue
of the Province, and there has generally been a surplus to add to
that already accumulated. Occasionally the expenditure under
the Supply Bill has exceeded the revenue, making it necessary to
draw to that extent on the surpluses of previous years.
The following table gives the ordinary revenue and expendi-
ture under the Supply Bill for the years 187^-89 inclusive, and
shows the annual surpluses and deficits : —
Bevenue. Expenditure. Surplus. Deficit.
1873.... $2,931, 439 $2,460,212 $471,227
1874.... 2611,550 2,342,339 269,211
1875 2,49.%6o6 2,063,560 430,106
1876.... 2,423,372 2.156.185 268,187
1877.... 2,462.940 2,363,806 99,134
1878.... 2,244,133 2,408,534 104,401
1879 2,44S,617 2,285.282 163,335
18S0.... 2,400,200 2,243,663 156,637
1881 2,746,772 2,281.053 465,719 ......
f^
THE MO WAT OOVERNMENT.
59
Revenue.
1882.... 2,838,543
1883 2,394,198
1884 2,623,874
1886 2,697.420
1886.... 2,843,632
1887.... 3,123,211
1888 3,552,264
4889 8,499.385
Expenditure.
2,429,554
2,648,171
2,870,036
2,693,525
2,769,978
2,864,713
3,007,037
8,181,614
Snrplas.
408,989
3,895
73,654
358,498
645,227
317,771
Deficit.
153,978
346,161
Totals, 4,031,490 664,540
Net addition to the surplus from 1873 to 1889,
out of revenue 83,366,950
Another. Astet.
Owing to the recognition by the Dominion Government in 1884
of a debt of $5,397,503, due from the Dominion to the late Pro-
vince of Canada, an addition was made in 1885 to the surplus of
the Province, to the extent of $2,848,289, which is Ontario s share
of the above sum under the Quebec Award.
The following is a statement of the Provincial assets, liabilities
and surplus at the close of 1889 : —
Inveatmenis, Interest-Bearing, and Cash Assets of the Province.
I.
DiKEOT Investment.s : —
Dominion 6 per cent. Bonds $200,000 00
Market value over par value 10,000 00
Drainage 5 per cent. Debentures,
invested 31st December, 1889.. 187,481 14
Tile Drainage 5 per cent. Deben-
tures, invested 31st Dec, 1889.. 78,456 69
Drainage Works — Municipal As-
sessmenta 224.742 01
8210,000 00
490,679 84
1700,679 84
2. Capital held and Debts Dpe by the Dominion to Ontabio, Beabino
InT BREST :—
U. 0. Grammer School Fund, (2 Vict., Cap. 10)..$ 312,76ft 04
D. C. Building Fund. (18 Sec, Act 1864) . . . 1,472,391 41
Land Improvement Fund, (See Award) 124,686 18
Ontario's Share of Library, (See Award) 105,641 00
Common School Fund, (Consol. Stats., Cap. 20)
— proceeds realized to Slst December, 1889,
$2,446,584 64— after deducting Land Im-
provement Fund. Portion belonging to
Ontario 1,433,569 32
w
60
THE MO WAT GOVERNMENT.
Balance of Unpaid Snbaidy and other Credits
held by Doiainion,aooor(ling to Statement of
Account prepared by the Finance Minister,
^ and transmitted to the Provincial Troaaurer,
in June, 1886 , $1,677,385 00
5,126,340 96
8. Other Dkbts Dtrjt to the Peovincb : —
Murigag«s re sale of AByliiiu lauda, bearing 5 per cent, intefiest 92,115 37
4. Bank Balakoes : —
Current Accounts $106,518 90
Special Deposits 411,742 77
617,261 67
Total. St0,436,397 83
Liabilities of the Frovinpe at Present Payable.
1. Balance Due to Municipalities re Surplus Dis-
tribution
2. Balance duo to Munioipalitiua re Land Improve-
ment Fund — Interest
S. Quebec's Share of Collections for Common
School Fund in 1 SfSO, made up as follows : —
Collections during;; 1889, on ac-
count of lands sold between
14th June, 1853, and 6th
March, 1861 $10,423 36
Less 6 per cent., cost of manage-
uieut G25 40
$1,291 34
3,256 67
Less one-quarter for Land Im-
Druvement Fund
$9,797 96
2,449 49
$7,348 47
Collections during 1889, on sales
made since 6th March, 1861 . .
Less 6 per cent. , cost of manage-
ment
3,991 93
239 70
^ THK 9*1
$11,103 70
Quebec's proportion according to population of 1881.
Total.
4,597 51
9,145 42
Surplus of Assets after deducting Liabilities presently pay-
able .$6,427,262 41
Surplus frovi 1873 to 1889.
Owing to a variety of causes the surplus in the Treasury fluctu-
THE MOWAT OOVKRNMKNT.
Gl
ates from year to year, but a glance at the following taWe will
tthow that there is no likelihood of itn being speedily wiped out : —
Year. Surplus.
187a $4,332,294.
1874 5,756,352
1875 5,090,376
1876. 4,873,203
im.^ 4,762,798
18!; J 4,430;t9S
1879 4,809,027
1880 4,220,088
1881 4.509,691
Year. Surplus.
1882 $4,825,586
1883 4.384,241
1884 6,859,606
1885 6,766,090
1886 6,680,339
1887 6.665,352
1888 6,734,649
1889 6,427,252
While the presence of this large surplus in the Treasury is no
reason for reckless or useless expenditure, it is a reason lor not
adopting the policy of increasing the burden of direct taxation
by throwing on the municipalities the -cost of any of the services
of which the Province at present relieves them by means of
grants for education, for administration of justice, tor agricultural
societies and mechanics' institutes, for the maintenance of con-
victs and lunatics, in aid of charitable institutions, etc., etc.
3%e Annual Expenditure,
The expenditure of the Province, under the Supply Bill, is in-
curred under the heads given in the subjoined table, which shows
the total amounts spent on the various services in 1889 :-r-
Civil Government '. $211,761 G8
Legislation .^ 119,938 69
Administration of Justice S66,'262 24
Education 598,238 32
Public Institutions' Maintenance 728,909 61
Immigration 6,849 90
Agriculture 138,787 68
Hospitals and Charities 120,402 48
Bepaira and Maintenance 64,732 60
Public Buildings 518,407 39
Public Works 23,071 66
Colonization Roads 103,666 63
Charges on Crown Lands 101,776 68
Consolidation of Statutes 781 97
Miscellaneous 60,013 63
Refund* 18,024 87
Ordinary Expenditure under Supply Bill $3,181,614 93
62 THK MOWAT OOVEHNMKNT.
Dmnsfije Debentures $ 17,727 88
Tile " 8,900 00
ll»ilir»y Aid Certifioatei 247,082 14
Anmuty " 62,200 00
Widows' Pensions 1,764 07
New Parliament Buildings 143,167 35
93,653,356 37
Increased Expenditure.
Ifc is made a charge againnt the Mowat Government that som^
of these iUnns of expenditure are larger low than they were
under the Sandfield-Macdonald Government in 1871. Bearing
in mind that " increased expenditure" in some cases means really
** increased payments out of surplus revenue to keep down local
taxation," it is ^instructive to compare certain items of expend-
iture in 1871 with the same items in 1889. In the following
table the payments under the head of " Administration of Jus-
tice " include only the amounts handed over directly to County
Treasurers to pay part of the expenses of holding courts in the
different localities; the payments under the heads of " Education,"
" Agriculture and Arts,' and " Hospitals and Charities," are also
direct grants :
Service. 1871. 1889. Increase.
Education $361,306 ^ $598,238 $240,932
Agriculture and Arts 76,381 138,787 , 62,406
Hospitals and Charities 40,260 120.402 80,142
Public Asylums, &c 171,423 728 909 657,486
Administration of Justice 104,049 144,770 40,721
Colonization Roads 55,409 103,666 48,247
Total $798,828 $1,834,772 $1,036,934
Money Returned to the People.
The following table shows the total amount of the increased
grants for the same services under the Mowat Administration, as
compared with what they would have been if no increase had
taken place :
Total for 18 Total of actual Total in-
1871. years at the grants for 18 crease in
rate of 1871. years. 18 years.
Education $351,306 $6,323,508 $9,408,400 $3,084,892
Agriculture and Arts.... 76,381 1,374,868 2,114,678 739,720
Hospitals and Charities.. 40,260 724,680 1,398,521 673,841
Asylums, &c 171,423 3,085,614 9,083,469 5,997,865
Administration of Justice 104,049 1,872,882 3,455,360 1,652,478
Colonization Roads 65,419 997,642 1,909,042 1,001,600
Total.... $798,838 $14,379,084 $27,429,370 $13,060,286
THE MOWAT OOVBRNMENT.
63
This Government has therefore returned to the people for
the various services mentioned, no less a sum than $lt'i,06(),286
more than tliey would have done if they had continued the scale
of distribution adopt(3d by their predecessorH,
By reference to the af)pended table of annual expenditures, it
will be seen that the chief part of the increase in the expenditure
is due to increased ]myment« that are really part of a regular
distribution of surplus revenue, and to the creation of new ser-
vices which come under the same description. Amongst the
latter may be specified the School of Practical Science, Inspection
of Division Courts, the Agricultuinl College, the Central Prison,
the Niagara Falls Police, Short-hand reporting in the Courts,
Revision of Voters' Lists by County Judges, County Model
Schools, the License Branch, the Mercer Reformatory, the Board
of Health, the Bureau of Industries, Inspection of Judicial Offices,
Farmers* Institutes and many others, all of' which have been es-
tablished since 1871. It is^ impossible to carry on these various
services, to maintain new and enlarged lunatic asylums, and to
provide for the administration of justice over the increasing area
of the newly-settled districts, without greatly increasing the
annual expenditure.
Tlie Proposed Reductions by the OppositioTL
The best evidence that the annual expenditure under the Mowat
Administration is unimpeachable is the character of the propotsals
mad \>y the Opposition from year to year in the form of amend-
ments to the Supply Bill. Taking the years 1883-1!S89, which
included the whole of the two Parliamentary terms, the proposed
reducftons were year by year as follows : —
In 1884 : To strike out the sum of $2,750 appropriated to
meet one half of the cost of a daiu on Burnt River.
In 1885 : (1) To reduce the sum appropriated for sessional
i^lerV ^y $5,000; (2) to reduce the vote for immigration purposes
^ ,yunt granted for thn
public service each year under the Supply Bill and also the
amount by which the Opposition asked to have it reduced :
Amonnt of Supply.
1884 «2,891,652
1886 2,9;}7,882
1886 3,136,651
1887 3,1«6,771
1888 3,205,804
1889 3,440,040
1890 3,626,293
Amount objected to.
$ 2,760
24,900
1,400
16,100
TotalB......f21, 777,700.
$47,150
In other words, oi;it of a total proposed appropriation in seven
years of
the Opposition objected to only
$47,150
a trifle over two mills on the dollar.
Comparisons with Quebec and the Dominion.
The following table shows the rate at which the cost of civil
government and legislation increased in vVntario, Quebec, and the
Dominion, respectively, from lb73 to 1889, inclusive:
Oivil (loTernment 1873.
Ontario $175,9141
Quebec 135,106
Dotniuion 750,874
Legislation.,
Ontario 119,650
Quebec. 163,569
dominion 629,3432
$
1889.
211,761
231.703
1,281.713
119,938
224,544
701,170
Increase.
$ 36,847
96,657
630,839
288
60,976
171,837
Percentago.
20
70
70
l-13th
30
33
The following comparison of certain items of annual expendi-
ture in Ontario with the same items in Quebec, in 1889, is very
instructive. The first table includes the suras spent in carrying
on the public service of the Province, and in the^e it will be seen
the e.Kitenditure of Quebec is higher than that of Ontario, though
the population is less. The sec >ud table includes appropriations
that are intended to lessen the burden of local taxation, and in
these Ontario is the more liberal:
(1) Inclading " Salaries ttnd Expenawi of the Eautfation r)epartinent," chnrged in
tbs i'uijlic AccoiuiiM of 1873 to "Education," but now char|{ed to " Civil (ioveruinent,*
(2) Uixolusivv of the cost of the General Electiou in 1872. *
THE MOWAT GOVERNMENT.
Tabte I;
Service. Quebec. Ontario.
OivU Government * $231,763 |211,76l
Legislation. 224,644 119,938
AdminiBiration of Justice 515,272 366,252
Table II.
Quebec. Ontario.
Prisons and Asylums $271,956 $728,909
Education 385,835 598,238
66
£xc«B8 in Qaeboi.
f 20,002
104,606
149,020
Excess in Ontario.
$456,953
212,403
Fwrther Proof of Economy.
To make still clearer, if possible, the economy with which the
finances of Ontario have been managed during the Mowat Ad-
ministration, look at the sums voted under the Supply Bills of
Ontario, Quebec and the Dominion in the years 1873 and 1889
respectively;— \
1873. 1880. IncreMe. Percentage^
Ontario i... $2,4^:0,212 $3,360,040 $ 899,*2« .36
Quebec 1.713,700 ^024,024 1,910,274 105
Dominion 19,174,648 36,817,834 17,74.3,186 90
»
Lastly, Quebec started with a clean sheet in 1867, and she has
since piled up a debt of $25,000,000. Ontario, liberal as h*t nothing iu this section con-
tained sh»}l be construed into an <^xrrcis9 oi jurisdiction by the Logislafure
of the Proviooe of Ontario Icvond the revival of provisions of law which
were in force at the data of the pasning of Th* Briiish North America Act.
and which the subsequent legislation of this Province purported to repeal. "
I: '■
THE MOWAT QOVERNMBNT.
Unjust Oriticiama Answered.
7d
A great deal of professional criticism ia ex jiende'd by the Oppo-
sition on the Temperance legislation of this Government. It is
fitting that 8U(Jh criticisms should be ofTered by those^who, in
their othei' capacity of supporters of the present Dominion author-
ities, were recentl3' eager to take the control of this interest out
of the hands of the Province, to which the Confederation Act
entrusts it, to give it to their political friends at Ott*,wa, and to
foist upon the people of this Province an additional, elaborate, and
expensive law, whose principal merits were that it attempted to
cover the ground already satisfactorily occupied by the provincial
law, anl to provide a great number of commissiionerships, in-
spectorships, and other positions for their own political friends.
In the face of the principle laid down by that proposed law, which
attempted to give the full control of the regulation of this traffic
into the hands of the Doiiiinion Government, the Opposition are
now contending that this control should go Imck to the munici-
palities. But such a provision is not desired, and has never been
asked for, by the municipalities themselves. For it would re-in-
troduce into municipal elections, and into the administration of
municipal concerns, all the corruption and disadvantage incident
to the operatidn of the liquor influence upon every election and
upon every question arising in municipal affairs; Far better to
place such power in the hands of one central provincial authority,
having a general oversight and uniform administration, and direct-
ly responsible to the representatives o^ the people in Parliament.
The Crooks' Act Endorsed.
The friends of the temperance cause hailed with delight the
withdrawal of the power from municipal corporati >ns to issue
liquor licenses, and the a.sbumption of tha^ authority by the Uov-
ermnent, that being the effect of the passage f the " Cro ks'
Act." The following resolution, adopted by the Methodist Gen-
eral Conference in 1882, when the agitation to return to the old
system was being advanced by the Opposition, voiceh.'llb.Za J'lh"' """ "■""Sod .'Vr ■]""««<« «'
^c^b. HI. Hoi£rS"'" «"' '"^«- -; .^^i^.i?s«:is
■^O^ioy ,^ 1882.
of retu^LlChtltTpatrerth'"™" "' ""• ""-"s expedient
•-c^r :'''""'■"" "^"'-^^"'' --'•.-
Poiicy in 1883.
wa« moved by Mr Mer«»rlifi. ^'rv. -fi^tii January IRRH «k '.
J^ i«r, Meredith, seconded by Hon. Mr'. Uonll^''
i til
N
1
:, ,/
I I
82
TPE MOWAT GOVERNMENT.
That all the words in the nioUon after " That " bo struok out, and the fol-
lowing nubatituted theruior : — " This Houaa, while recognizing the ueocseity
of roaiuiaining the other proviaions of the existiof liquor license law,' and
strictly enforcing them, is of opioion that it is not in the public interest or
calculated to promote the cause of temperance to continue the mode of ap-
pointiiig Boards of License Oouimiasionera and License Inspectors now in
force, and is furthei^ of opiniov itxatt these Boaids should, in order to remove
them'as far as possible from the iiJuences of politici^ partisanship, be ap-
pointed in Counties, by the county councils, and in Cities and Towns separate
from Ooimtitis by the oouncils thereof, and that the power uf appointing
ond or more License Inspectors in each license diatnut should be vested in
the Board, and this House regrets that legislation providing for this change
in the law, and for handing over to vhe Municipalities the wLole of tue license
fees, except a sum sufficient to pay the expenses of the License Branch of
the Department of the Provincial Secretary, has not been proposed for its
consideration by the advisers of His Honour the Lieutenant-Qorernor." —
Lost.— Yeas, 26 ; Nays,4U.
Policy in 1890.
The policy of the Opposition was again rfe-conatructed b^ the
submisaion of the following resolution during the' late session of
the Legislature, as an amendment to the Hon. Mr. Gibson's mea-
sure : —
"That the Bill be not now read a thbd tiine, but- be referred back 'o a
Committee of the Whole HonsA, And so aniendcd as to provide that the
license commissioners hereafter bs appoint^ in eountla by County Councils,
and in cities and to«ms elected by the muflreipal electors of saoh cities and
towns. "
Ganada Temperan^ Act.
Biit efficient as the legislation in this departmer>t was thus up
to 1886, this Qoveinmeht by no means relaxed its t^orts. In
1887, complaints were made of the want of machinery tor the
enforcement of The Canada Temperance Act, coa^monly known
as the " Scott Act," in the counties in which it had been adopted.
Though this was a Dominion law, and should have been enforced
by the Federal authorities, as the Act provides for the Inland
Revenue Officers securing its observance, yet for the sake of the in-
terests involved th6 Government of this Province passed an Act foi
the appointment of special Police Magistrates in all such counties,
and defining their jurisdiction, tenure cf office, place of holdin#
o
A
/
W
Photographic
Sciences
Corporation
23 WEST MAIN STREET
WEBSTER, N.Y. 14580
(716) 872-4503
t^/
fA
fM
90
THE MO WAT GOVERNMENT.
and the Creameries Association, all of which are operated in close
connection with the Agiiculture and Arts Branch. The annual
reports of these different bodies are published at the expense of
the Pjovince, and the information they contain on the subjects
treated of is of the most practical and useful kind. ' Only by
a careful attention to the peculiar climatic condition of the Pro-
vinces can the various industries represented by these societies
be successiully carried on, and it is the policy of the Department
to make thera as useful as possible in conducting expeiiments,
comparing notes, and educating the public.
Immigration.
I
The policy pursued by the Ontario Government for many years
past has been to promote the immigration of no working people*
but farmers with means and domestic servants, and to discourage
the influx of people from the cities and towns of the old world,
whether they were mechanics or ordinary unskilled labourers.
This branch of the public service is now under control of the
Department of Agriculture.
The sum spent on this service in 1889 was $6,849. The amount
voted for 1890 was only $5,800.
The cost, per head, of immigrants brought into and settled
within the Province has been reduced from $2,74 in 1880 to $1.3G
in 188.5, and to 44 cents in 18?^. The following table gives the
number of immigrants settled in Ontario each year since Con-
federation, with the value of their effects as reported through the
Customs :
Number
Settled.
Value of
Effecta.
10,873 Nat reported.
16,893 •«
((
1868
1869
1870 25,590
1871 25,842
1872 28,129
1873 39,184
1874 > 31,720 "
1875 21,761 $328,236
1876 19,123 279,138
1877 17,879 806,662
1878 17,940 311,117
1879 28,827 244,618
1830
1881
1882
1883
1884
24,726 258,919
25,2UQ 313,075
84,206 503,032
40,494 533,295
33,494 405,770
wmmmmm
MP
THE MOWAT QOVKBNMENT,
1886
]886
1887
1888
1880
21,052 389.138
22,467 435,364
26.744 378,264
27,222 421,923
23,198 467,894
Total $560,554
^,566,445
91
The character of the immigrants secured under the present
system, and the value of their personal effects, make it perfectly-
clear that the comparatively small amount now appropriated for
immigration is well spent.
The Public Health.
Apart altogether from Acts of Parliament designed to protect
the public by confining the practice of surgery, dentistry, and
pharmacy to persons who have received a professional training,
important laws have during the past few years been placed on
the statute book of the Province by this Government for the
purpose of protecting more effectually the public health, especially
against the ravages of infectious diseases.
The first of these v.'as passed in 1873. It provides for the
compulsory cleansing of private premises, for the creation of local
Boards of Health by municipal authorities, for the creation of a
" Central Board of Health," by the Lieutenant-Governor in Coun-
cil, during the prevalence of any formidable epidemic, endemic or
contagious disease ; '* for the proclaiming of infected districts ; and
generally for taking such steps as may seem to the Boards of
Health necessaiy to prevent the spread of the disease or mitigate
its severity.
Experience of the working of this Act having shown that it did
not furnish the requisite security, another statute^ was passed in
1882, creating a permanent Board of Health for the Province, and
clothing it with various important powers, to be exercised at all
times. One of the duties of this body is to educate the jmblic on
sanitary matters by the distribution of sanitary literature. An-
other is to conduct, under oath if necessary, investigations of the
causes of prevalent contagious diseai^es, or of excessive mortality,
in specified localities. A third is to keep at all times an adequate
supply of vaccine matter for the purpose of supplying it as cheap-
ly as possible to medical practitioners. And a fourth is to keep
up communication "with local Boards of Health on sanitary
matters, and endeavour to secure the organization of such a Board
in each municipality. The Act of 1882 also provides for taking
92
THE MOWAT GOVERNMENT.
stringent measures for tha suppression of small-pox and other in-
fectious diseases, by means of isolation, forcible, if necessary, but
as complete as possible.^
The Statutes relating to the public health were consolidated
and amended by the Public Health Act ot 1884, which gives in-
creased powers of various kinds to the Provincial Board of Health,
and also to Local Board?, especially with a view to preventing
the spread of infectious diseases, suppressing nuisances, and guard-
ing against injurious defects in systems of water supply and sew-
erage. .
In 1885, an Act was passed embodying still more stringent
provisions, and another in 1886, to which the same remark ap-
plies.
In 1887 the laws respecting the Public Health were still further
strengthened by an Act requiring notice to be given in public
schools of infectious diseases in the families of any of the children
in attendance ; regulating the supply of ice ; providing for the
inspection of slaughter-houses and dairies, and the su{)ply of
vaccine matter ; and further providing for complaint by a tenant
or other person before a magistrate in cases of neglect to carry
out the directions of the Sanitary Inspector or Local Board of
Health.
The public safety in this direction was further guarded by a
statute in 1889, which provided that in unorganized districts the
Stipendiary Magistrate should be, ex-officio, a Medical Health
Officer, that the Provincial Board of Health might appoint Sani-
tary Inspectors in such districts, and that all constables in Pro-
vincial or Territorial Districts should be, ex-officio, Sanitary In-
spectors.
The efficiency of the system thus provided was severely tested
by an outbreak in the County of Hastings of small-pox of a
strangely malignant type, and under conditions peculiarly favour-
able to the spread of the disease. By means of the powers
conferred on the Provincial Board of Health, the district was at
once completely isolated, and in a comparatively short time the
disease was entirely extirpated. A still more satisfactory proof
of its usefulness was furnished by the manner in which the
Board dealt with the outbreak of small-pox in Montreal. In
spite of the extensive passenger traffic between that city and
all parts of Ontario, the disease was prevented from coming into
this Province, the precautions taken by the Board having un-
doubtedly been the means of preventing a public calamity of the
moat terrible kind. The annual reports of the Board, and its
THE MOWAT GOVERNMENT.
93
other publications, have done much to di^Heminate useful sanitai-v
nformation. aiid it has been instrumental by means of investicra-
dkelaes ^^'"^'"'"^ ""^"^^ ^^*^^ ««"»*««« of malarial and other
The Secretary of the Provincial Board, Dr. Peter H Brvce U
generally recognised throughout Canada and the United States
a^ one of the ablest and most efficient sanitarians in Ameri^!
94
THE MOWAT GOVEENMENT,
DEPARTMBlff OF EDUCiiTION.
In 1876, the Department of Education was placed under the
control of a Minister of the Crown, thus making its management a
matter for which the Ministry of the day are directly responsible
to the people. This was in direct conformity to the advice of
the late distinguished Chief Superintendent of Education, the
Bev. Dr. Ryerson.
It may be of interest to quote the opinion of the late Rev. Dr.
Ryerson on this important subject. As early as 1868, he strenu-
ously' urged the change, and that, too, in full view of his twenty-
four years' experience as Chief Superintendent of the Depart-
ment under the old system. The following extracts are taken,
from his letter to the late Hon. M. C. Cameion, then Provincial
Secretary, of Dec. 7th, 1868:—
*' The Department of Public Inatrliotion ahould be under the management
of a member of the Executive CounciJ, to be designated * Minister of Public
Infitruction,' who shall be an ex officio member of the Toronto University and
of the Council of Public Instruction, and who, in addition to the powers and
functions vested in the Chief Superintendent of Education, shall have the
oversight of all educational institutions which are or may be aided by public
endowment or legislative grant, to inspect and examine, from time to time,
personally or any person appointed by him, into the character and working
of such institution ; and by him shall all public mo)ieys be paid in support
or aid of such institutions, and to him they will report at such times and in
such manner as he shall direct
" Our system of public instruction baa acquired such gigantic dimensions,
and the network of its operations so pervades every municipality of the land,
and is so interwoven with our municipal and judicial systems of government,
that I think its administration should now be vested in a responsible Minister
of the Crown, with a seat in Parliament ; and that I should not stand in the
way of the application to our varied educational interests of that ministerial
responsibility, which ia sound in principle and wise in policy. During the
past year I have presented a report on school systems in other countries, with
a view of improving my own ; and the Legislative Assembly has appointed a
Select Committee for the same purpose. 1 have, therefore, thought this was
the proper time to suggest the modification and extension of the Department
uf Public Instruction." .
This letter waa acknowledged on Jan. 30th, 1869. In the
course of his reply, the Provincial Secretary wrote as follows : —
*' I am directed by Hia Excellency the Lieutenant-Governor to thank you
for the valuable suggestions contained in your letter, and to request that you
THE MOWAT GOVERNMENT.
«i5.
will continue to diaoharge those important duties, which you have perfonned
lof a quarter of a century with so much credit to yourself and benefit to the
people of this Province, until His Exoollency's advisers shall have more fully
considered your suggestions, and matured a measure for placing your de-
partment under the direct supervision of a member of the Executive
Coi:^ncil."
Dr. Ryerson consented to continue the former state of things
for the time being. On the 10th of February, 1872, however, he
renewed the subject in a letter to the Hon. Edward Blake, then
Premier of Ontario. In this letter he said i —
" After much deliberation, I have thought it advisable to address you in
respect to my long desired retirement from the Education Department, of
which I have had charge longer than any Judge has ever occupied the Bench
in Canada, and to a greater age. . . .
'' The infirmities of age must compel me to retire before long ; and I have
thought my immediate or early retirement would enable the Government to
exercise its difofeisionaI
\
%■'■
K-n,
i 1
»
96
THE MOWAT QOVEBNMENT.
training, and of the Frovinolal Normal Sohoola for the provincial training of
teachers.
(7) The granting of power to trustees of High S«hoo]s and Collegiate In-
stitates to expropriate land for High School purposes.
(8) The selection by the Department of suitable text-boolcB in the several
subjects of Public and Hi^ School, study, to the exclusion of such books aa
may be unauthorized and unsuitable. This arrangement insures uniformity,
and the establishment of Institutes for the training of High School manten
and tends to greater proficiency in study.
(9) " Before 1879, school trustees determined, without reference to the peo-
ple, how much money should be expended for the erection of a new sohool-
V house or the enlargement of a school site ; now there can be no more expen-
diture I'or either of such purposes without drat obtaining the consent of the
ratepayers concerned at a public meotinj; called for considering the ques-
tion.
*' (10) Formerly trustees levied and collecte'^ all taxes for school purposes
at a great expense to the ratepayers ; now they u.e able to employ the urdin-
ary municipal machinery for this purpose. The saving in this way alone for
the collection of the sum of $2,685,621 paid for the support of schools by
local taxation, even allowing only two per cent. 'for collection, would amount
to $52,000 per annum, or $936,000 in eighteen years.
"(11) Giving the rights to trustees in cities, towns and incorporated vil- .
lages to apply the ballot to school elections, and to employ for this purpose
the officers of the municipality engaged in conducting the municipal elections.
"(12) Providing that school debentures shall be issued by the muni-
cipality, and not by the school section, as formerly, so that school tmstees
are able to borrow money at a lower rate of interest, and very often on much'
better terms as to premium, etc.
" (13) Simplifying the machinery for forming, altering or dissolving union
school sections.
" (14) Arranging for the gradual extinction of the s'iperannnated teachers'
fund.
" (15) Fixing more definitely than before the holidays for Public and
High Schools.
" (16) Simplifying the curriculum of studies for the Public Schools. The
effect of this has been to reduce the number of classes in^a Public School
from 33 classes under the old regulations to 21 under the new.
Higher Education. '
The changes above named were intended mainly to apply to
our Public and High Schools. But these were not the only
improvements effected. The Univemty Act of 1853 continued
without amendment till 1873, when extensive changes were
. i made in the constitution of the Provincial University. Oon-
vocation was revived, and was assigned certain functions in rela-
tion to the management of the University. The Chancellor and
fifteen members of the University Senate were made elective by
the graduates, and the system of affiliation of colleges to the
THE MOWAT GOVERNMENT.
97
and
vere
cn-
ela-
aDd
by
the
University was placed on an improved footing. The University
Act was in 1877 conBolidated with the above and other amend-
ing Acts, and the Statutes regulating University College and
Upper Canada Gbllege wore at the same time recast and improved.
In 1887, an Act was passed, respecting the income and property
of the University of Toronto, University College, and Upper Can-
ada College, providing for the transference to the University of
Toronto of the present U. C. College site and buildings, and for
the erection and equipment of new buildings for Upper Canada
College. Provision was also made the same year for the feder-
ation of other universities with the univcrsitv of Toronto.
School of Practical Science.
In 1873 the Legislature passed a Statute creating a "School
of Practical Science for instruction in mining, engineering, and
the mechanical and manufacturing arts." This institution was
established in response to a demand for improved facilities for
obtaining an industrial training, and it is worthy of remark that
a similar demand has for some time past been pressed by educa-
tionists with increasing urgency on the British Parliament.
In 1889 the sum of $50,000 was voted by the House for en-
larging the School of Practical Science. Last session the sum of
$15,000 was granted for the purpose of supplying the necessary
machinery and apparatus for a complete course in Civil Engineer-
ing, Mining Engineering, and Mechanical Engineering. It is also
intended to appoint a Professor of Architecture. These improve-
ments will furnish a thorough and practical education for machin-
ists, surveyors and engineers equal to what can be obtained in
the schools of the United States or Great Britain.
Liberality of the Oovermnent
The liberal provision made for education is one of the most
praiseworthy features of the Administration of the last eighteen
years. The 'average amount paid, per annum, by the Govern-
ment of the late Mr. Sandfield Macdonald for all edvMotional pur-
poses, was $295,962 ; the average amount paid during the last
eighteen years was ^«IS85,000, or an average increase of 78
per cent The total sum paid out of the Provincial treasury for
•educational purposes since 1871 amounts to
$0,448,8^8.
Out of tlie whole sum voted by the Legislature in 1871 for ed-
ucational purposes, 73 per cent, went directly to the public in re-
7
\ I
98
THE MOW AT GOVERNMENT.
I
Hof of local taxation ; in 1880 no less than 80 percent, was given
to the people for a similar purpose.
The grants to Public and Separate Schools rose from a yearly-
average of $107,540 during the Sandfiuld Macdonald period, to a
yearly average of $)ilt$o,8l8, during the Mowat r6gime\ the
grant to Poor achools from S5,!)90 in 1871 to $94,939 in 1889 ;
the grant to High schools from $71,480 to $08,375 in 1889.
Besides the aid given directly to education by making grants
from the Provincial treasury, every dollar of which is a propor-
tionate relief to the tax payer, much has been done to promote
the efficiency of our schools in other ways. In 1871 we had but
one Normal school, for which the Governmet contributed the sum
of $17,78 5; in 1880 we had two Normal schools, for which the
Qovemment contributed the sum of $41,494. In 1871 we had no
county Model schools for training third-class teachers ; in 1889
we had 58 county Model 'schools, to which the Government con-
tributed $8,700. In 1871 we had no Training Institutes for
High school masters ; in 188D we had five Training Institutes, to
which the Government contributed $2,100. In 1871 we had no
Art schools for teaching mechanics and others drawing, and the
elements of industrial design; in 1889 we had eig'it .^b schools,
to which the Government contributed $4,916. In 1871 we had
no properly organized Teachers' Associations ; in 1889 we had 06
Associations, attended by 6,882 teachers, to which the Govern-
ment contributed $1,890. In 1871 we had only 51 Mechanics'
Institutes ; in 1889 we had 179 Mechanics' Institutes, with librar-
ies aggregating 252,832 volumes, to which the Government con-
tributed $31,429.
The following grants to Public, Separate and High Schools
from 1872-1889 inclusive, shows the liberality of the Mowat
Government towards education during this last eighteen yeaifs :
AMOUNT GRANTED TO OOUNTIEg.
(Inolnding Incorporated Yilkgeg and Towofl, but not Cities.)
Br»nt $79, 670
Bruce 164,786
Oarleton. 83,961
Dufferin 36,983
Dand»s 69,511
Durham 129,829
Elgin 112,620
Ewex 116,865
Frontenao 80,270
QlenKanr 67,115
Grey. 184,501
Haldiinand 87,368
HaUburton 32,741
Halton. 67.462
Hastings 142,813
Huron 210,465
Kent 135,103
Lambton 127,625
Lanark 142,465
Leeda and Grenville 200,567
Lennox and Addingtun 97,678
Lincoln 108,651
Middlwez 202,745
Norfolk 109.026
Nortbtimberland 16;i,648
Ontario 188,614
Oxford 160,469
Peel 85,12$
THE MOW AT GOVERNMENT.
99
19 given
% yearly
iod, to a
me', the
[I 1889 ;
889.
5 grants
proper-
promote
had but
bhe sum
lich the
I had no
1111880
8nt con-
utes for
utes, to
had no
eind the
schools,
we had
had 66
loveni-
5hanics'
librar-
jnt con-
Jchools
I Mowat
je&ta :
142,813
210.465
135,103
127,625
142,465
200,567
97,678
108,651
202,745
109,026
15;i,648
188,614
160,469
, 8o,12ft
Perth 178,263
PeterborouKh 123,663
I'rencott aiul liuesell 95,906
Prince Edward $1,434
Waterloo 157.903
Wellanii 99,.S86
Wellington 18.5, tWO
Wentworth ,.... 97,994
York 190,060
Districts 139,438
Totftl (Countiea) $5,311,916
orriEa.
Belleville $26,067
Branlford 46,652
Oueluh 28,616
Hamilton 137,376
KingMton 65,665
London 82,066
Ottawa 96,165
St. Catharines 48,947
8t. Thomas 29,457
Stratford 15,133
Toronto 246,029
Total 822,163
Grand T..U1 $0,134,069
Salaries of Teachers.
The average of the salaries paid to teachers in Ontario, as com-
pared with the average of those paid in the United States, will
show that our school system has not led to any great extrava-
gance in this branch of expenditure : —
Male Teachers, Female Tenchers,
per months per month.
IllinoiB ^1.48
Maine 83.82
M isaachusetts 116 85
Michigan 45.31
Ohio -. - 55.00
Pennsylvania 38.53
Ontario 35.35
42.11
20.70
44.93
31.06
40.00
29.86
24.34
A comparison of the cost to the country of the education of
each pupil is equally satisfactory, as the following table will
show : —
Cost Per Pupil.
Ohio 12.70
Maasaohusetts 19.83
Mic^ij^an , 11.71
New York 13.68
Ontario 7.76
Provincial, Normal and Model Schools.
It is sometimes alleged that the cost ot administering this
branch of the public service has increased since the Department
was entrusted to a responsible Minister of the Crown. As in the
case of other Departments, the work to be done has increased,
but even in the face of this fact it lias been found possible to
greatly reduce expenditures in some branchea The following
100
THE dOWAT GOVERNMENT.
table, for instance, shows the growth and expenditure of th»
Normal and Model Schools since 1878: —
YlAB.
•a '•
poo
1878
1870
1880
188^
188-'
1883
1884
1885
188rt
1887
1888
188»
14
18
Vi
IS
16
15
15
12
U
13
12
12
226
429
483
418
260
338
361
405
439
411
44.)
442
8
8
15
15
15
Iti
10
17
18
18
21
W2
;w2
3i)l
607
698
799
7tiO
742
668
660
763
794
91.'8
!1^
I
$7753 00
7798 00
9122 (K)
11523 00
13783 50
13232 00
12106 75
ll3r.2 :>o
I15l.'5 00
13427 00
14595 00
16502 00
.a
I
H
(34032 92
3.J719 58
36694 07
41808 la
44888 02
45540 40
407-1 02
37477 80
37477 89
40131 24
39495 86
41494 15
FRGI^CU AN» OEItMiN SCHOOLS.
French Canadians from the Province of Quebec commenced to
settle in the counties of Prescott and Russell £,bout the year 1840,
and in the county of Essex about 1700. Naturally, like other
nationalities, they formed a somewhat compact community, and
clung with considerable tenacity to their own customs and
language. For many years their schools were almost exclusively
French, but, as they became surrounded with English-speaking
neighbors, they began to acquire a knowledge of English, and for
the last few years, particularly in the county of Essex, the Eng-
lish language has received considerable attention in all their
public schools.
The attention of the Education Department was first directed
to the qualifications of the teachers of thtsse French schools by a
letter from the Secretary of the Board of Public Instruction for
the County of Essex to the Chief Supeiintendent, in the follow-
ing terms v '
Office of thk Board of Pobuo Instruction,
Sandwich, April 12th, 1851.
Sir,— I have been directed by the Board of Public Instruotion for tlj»
County of Essex to refer to your consideration the case of a candidate who
made application today for a certificate of qualification as teacher.
It may not, perhaps, be necessary to inform you that the majority of thir
inhabitants of the township of Sandwich are French Canadian, that the
THE MOW AT GOVETiNMKNT.
101
\^
80
1840,
other
and
and
isively
aking
nd for
Eng-
their
ijcted
by a
B}n for
llow-
or tl}»
e who
French lanfiuige it in very goneral um, and that in moat of the ichool 8eo>
tioni of the townihip the teaohen and pupila bein^;; French, the exerciaee
and inatnictioii in tho achoola are cindiictod in that language.
Of the oamlidates presi^nting thciiisulvci bofure the Board of Publio
Inatruotion and beli>nging to the township of Sandwich, there haa not hitherto
buen anf one who did not ftoMetfl, at all eventa, in aome degree, a knowled|{e
of KngliHh langna^e.
Mr, Gigon, who cfime before the Board to-day, is entirely ignorant of it,
and upon reference to the pro^'ramme of examination presuribed by the Coun-
cil of Public Instruotiou, the B'ard of Examinera present felt conatrained to
refnsd to grant, at prencnt, a oertjticate of qualification.
Ab, however, it might p()«Bibly be ur«ed on behalf of Mr. Oit;on, that in
thia part of Upper (^'anada, in the midat of a French community, tho pro-
gramme of '^examination ahould not be ntrictly i\dhered to, and that there
would be injustice in debarring a teacher from desiring a participatioti in the
Gov«irnraent appropriation of moneys for schools, because although capable
of imparling the elements of a good education, he conveys instruction only
in the French language, the languasfe of the pupila who attend hia achool—
the B( ard have deemed Mr. Gigon'a rase of sufficient importance to be sub-
mitted to the Chief Superintendent as being decisive of thb principle whether
or not it is an esseniiai toward the obtaining of Government atipport that
teachers of common schools should deliver or be able to deliver their instruc-
tions in the English language.
PrevioUB to Mr. (iigon'd appearing before the Board, a memorial, a copy of
Wiiich I beg leave to furnidh herewith, was presented to the Board on behalf
of some very respectable Canadian flahitana of the school section in which
Mr. Gigon is keeping school. I must mention to you in connection with
this memorial that Mr. Gigon produced a proper certificate of having taken
the oath of allegiance and also a very excellent testimonial aa to eha' acter
and capability as a teacher from Monsieur Pere Point.
Mr. Gigon stated that there were about fifty pupils attending his achool,
all of them very young and all of whom spoke only the French language.
I remain, etc.,
S. J. MACDONELL,
J. G. HoDOiNS, E^q., Sec. B. P. 1. for Essex.
Dep. Supt., I'oronto.
The First Regulation.
On the 20111 April, the Council of Public Instruction for Upper
Canada adopted the following regulation : —
Ordered, That there be added to the programme the following :
In regard to teachers of French or German, that a knowledge of French
or O'JnnaL Grammar be substituted for a knowledge of English grammar,
•nd that the certificate to the teacher be expressly limited accordingly.
On the 30th April, the following letter was sent to the local
svperintendent : —
Education Office, Toeonto, 30th April, 1861.
Sib, — I have the honor to acknowledge the receipt of your letter of the
16th inst., enclosing a communication from the Trustees of School Section
No. 0, Township of Sandwich, and to at ate in reply that there ia nothing in
J
102
THE MOW AT QOVERNMENT.
the School Act to prevent the Board of Public Instniclion for the County of
Essex from granting a certificate of quaUfication to any person upon passing
the requisite examination, who shall have complied with the conditions con-
tained in the 2nd clause of the 29th section of the School Aot.
Mr. Gigon hav'ng complied with these conditions as intimated in a '' jtter
I have received from the Secretary of the County Board, the Council oi Pub-
lic Instruction for Upper Canada has sanctioned a liberal construction of the
programme for the examination and classification of teachers, making the
tern: " English " convertible into the term " French " where it occurs and
when applied to French candidates for examination by the County Board.
The certificate should, of course, be limited to teaching in the French lan-
guage.
The School Act expressly authorized trustees to employ any qualified
teacher they please ; should, therefore, Mr. Gigon obtain a certificate from
th' County Board, the Trustees can engage his services, and no Board or
school officers can prevent them, as has been assumed in a memorial trans-
m'Hed to me by the Secretary of the County Board from certain inhabitants
of School Section No. 6, Sandwich.
I have, etc.,
P. McMatLiN, Esq., J. GEORGE HODGINS.
Local Saperintendent,
• Sandwich.
The Regulation of the 25th of April was re-enacted by the
Council of Public Instruction in 1858, 1871 and 1874, and by the
Education Department in 1883. Down to this time, therefore, the
policy of the old Council of Public Instruction was continued
without any variation.
Change in 1885.
In August, 1885, the following Regulation was adopted :
1B5. In addition to the examination conducted in the French or the Ger-
man languasje, every candidate f(jr a teacher's certificate shall be required to
pass such examinat ons in English grammar nnd in translation from French
or German into English, as may be prescribed by the Board of Examiners.
By this Regulation a knowledge of Engli"^';. grammar and
translation from French or Gorman into Fngli oh was, for the fir.^t
time, uiade obligatory. As the answers of candidates for teachers*
certificates were, prior to this date, accepted if given in French or
German, it will be seen that the Regulation of 1885 was the first
Regulation that made it necessary for a teacher of a French or
German school to know English grammar, and to be able to
translate into English such exercises as may have been prescribed
by the examiners.
Training of Teachers in English.
In 1886 an attempt was made to establish a Model School in
Eastern Ontario for those who were expected to teach in the
THE MO WAT QOVEKNMENT.
103
French schools. Under the date of 25th of May, 1886, Mr. Sura-
merby, Inspector for the counties of "Pre-scott and Rusaell, wrote
to the Minister of Education as follows :
Laminers.
EussELL, 25th May, 1886.
Sir, — Our Board of Examiners and our County Council are anxioua to
have some provision made for the professional training of the teachern of our
French schools. The knowledge of the English language possessed by the
majority of these teachers is not sufficient to enable them to take advantage
of the training given in our present Model School.
On the 14th of June, the Secretary of the Education Depai't-
ment, as instructed by the Minister, replied as follows :
Toronto, l4ih June, 1886.
Dear Sir, — Your letter of the 25th ult. has been under consideration,
[of the Minister] and you are hereby authorized to open the Model School
lor the training of French teachers, on the following; conditions :
1. That the principal be able to instruct in English as well as in French,
and hold at least a second class Normal School certificate.
2. That provision be made by the trustees for relieving hira from all pub-
lic school work during at least half of each day.
3. That the other two teachers be also conversant with both English and
French, and hold certificates i^ranted in this Province..
4. Provision should be made to give the teachers a course of instruction in
English, and a review of the work they will have to do in school, many being
we;ik in their n on professional work.
Arrangements could be made for an examination at the close of the term
in this work, as well as the professional.
5. That a suitable building of at least three rooms be provided.
The usual grant of !f 150 will be made on the above conditions.
Yours, etc., ALEX. MARLING, Secretary.
W. J. SuMMEBBY, Esq., I. P. S. Prescott and RusseU, Russell.
Training ScJiool Abandoned.
On the 15th of November of the same year, the following letter
was received from Mr. Summerby, and so the matter was dropped
for a time : . '
RcssBLL, 15th November, 1886.
Sir,- -Referring to tlie proposed Model School for the trainini; of French
teachers, I have the honour to report for the information of the Honour;ible
the Minister of Education that we were unable to establish tt owing to the
fact that no suitable and properly qualified principal could be found to tako ^
charge of it. I have, etc.,
W. J. SUMMERBY,
The Secretary, Inspector i'ublic Sohools.
Education Department', Toronto.
I
I 1
104
THE M'JWAT government.
In August, 1880, renewed efforts were made by the Minister of
' Education to establish the desired Model School. On the 4th of
October, the Board of Examiners for the County met and passed
a resolution establishinor a French Model School at the village of
Plantagenet, provided the Trustees accept the following con-
ditions, viz, : —
RcsSKLL, 7th Oct., 1889.
Dbab Sir, — On the 4th instaot our Board of Examiners met at Plan-
tagenet and passed a resolution establishing the French Model School at that
village, if the Trustees accept it on the following conditions : —
1. That the school be in operation fur the trainiag of teachers during the
whole year.
2. That the school be free to the students in training for at least three
yeara from the establishment thereof.
3. That the room for Model School purposes be at least 24 x 30 feet, be
properly furnished, and be attached to the Public School building.
4. That the Board of Trustees appoint a principal, subject to the approval
of the Minister of Education ; that all the assistants be qualified to teash in
Ontario, and that one of them at least be a Normal trained teacher, holding,'
at least a Second Class Certificate.
5. That the Model School Master be Principal of the Publio School as is
now provided for by the regulations governing County Model Schools.
6. That the B .>ard of Trustees provide the required accommodation and
have the school ready to go into operation on thj tirst of January, 1890.
Your obedient Servant,
(Signed) W. J. SUM MERE Y,
luspecLur Publi' .jchools,
Hon. G. W. Ross,
Minister cf Education, 1
Toronto.
i
Training School Established.
On the 19th of the same month the Trustees accepted these
conditions, and on the 12th January, 18i)0, the school was opene '
with 23 teachers in training.
So highly was the action of the Education Deparmcnt apprec!
ated, that the County Council voted $800 for its sustenance. Th
Assembly, at its last session, voted $600, and the school is it
ported as doing well. We have, therefore, for the first time i:
the history of our school system, made a practical effort to trail
young men and women of French origin for doin ^ good work i\
the French schools of the Province.
French and German Text-Booh.
The use of unauthorised text-books in the French language,
was first brought to the notice of the Chief Superintendent, Dr
Ryerson, by the following letter from the Inspector of the County
of Kent : —
THE MO WAT QOVEHNMKNT.
105
OiEARVitLB, 25th September, 1856.
Rev. Sir,— In the Town»hip8 of Dover Ea«t and West are two French
Schools, which uae a series of French books, recommended by the Archbishop
of Paris and other French dignitaries of the Church of Rome, and which are
exolusively devoted to the teaching of the prculiar dogmas of that church. I
write you to know whether any common school can be made sectarian when
vll the inhabitants of the section are agreed to its being such ? Also, when
it is necpssary to use hooka in the French language, what series of books
would you recommend ?
I have, etc.,
Rev. K. Ryekson, D. D.,
Chief Superintendent,
Toronto.
D. MILLS,
Local Supt. Co. of Kent.
To this letter the following reply was sent :
8th October, 18("iG.
Sir, — I have the honor to state in reply to your letter of the 25th ult. that
as there is no list of books proscribed or recommended for French schools,
and as it may be presumed that the pupils attending them are for the most
part or altogether Roman Catholics, I do not see that wo can do anything in
regard to the kind of books which are used in the few schools of French
people in Upper Canada.
I have, etc.,
E. RYERSON.
David Mills, Epq.,
Snpt. Co, of Kent,
Clearville.
French Text Books Authorised.
In 1868 the Council of Public Instruction authorised text-
books in Gramtnar, Geography, Arithmetic and Reading (7 in all)
in the French language , for French schools, In 1879 the Educa-
tion Department adopted for the use of French schools the ttxt-
books used in mixed schools in the Province of Quebec, but, as
the supporters of vhe French schools were nearly all Roman Cath-
olics, the text books in common use were of a denominational
character, and such as were suitable only for Separate Schools.
In 1887 an effort was made to revise the list of French text-
hoolv ind the following letter was addressed by the Minister of
Education to the Inspectors :
Toronto, 5th. 7 uly, 1887.
My Dkar Sir, — I would like to revise the list of the authorisud books for
use in those Public Schools where both French and English are taught. You
are (../are that the only authorised books in such schools now are, in Eitglish,
the authorised English books ; in French, the books accepted by the Protes-
tant and Roman Catholic sections of the Council of Public Instruction of
Quebec. As these lists are very old, and as it is desirable to keep up with
106
THE MOWAT QOVERNMENT.
the improFements tha*^^ have been made since 18C8^ I would like to get such
■uggeatioDs in regard to books in the French language in the subjtcts of the
Public School curriculum as you might think would be useful.
Yonra truly,
GEO. W. ROSS.
Thbo. Qiua-rdot, Esq., T. P. S.,
Sandwich, Ont.
Similar letters were sent to Inspectors Dufort and Summorby.
Bi-li/nguil Readers.
In 1888 the Minister obtained from the Chief Superintendent
of Education for New Brunswick a set of French-English readers
used in the French schools of that Province, and referred thera to
the Central Committee for report. In April of 1889 the Com-
mittee reported favorably, and on the 17th of October they were
formally authorised. It might be well to notice that these books
are used in about 400 French schools in the Maritime Provinces
with great success. They are purely undenominational.
This is the first practical step ever taken to overcome the diffi-
culty with respect to text-books in French schools.
The Teaching of English.
From what has already been stated it will be seen that the old
Council of Public Instruction authorised the Board of JExaminers
for the County of Essex, to engage a teacher who did not know
a word of English, and that a knowledge of English grammar or
English translation was not required till 1885.
The use of denoraiuational text-books was also permitted with-
out restraint. Similar freedom was permitted with regard to the
study of French. So far as the regulations of the Council of
Public Instruction or the Department were concerned, no teacher
was required to give instruction in any of the French or German
schools in the English language until 1885, when the following
regulation was adopted ;
24. The programme of studies prescribed shall be followed by the teacher
aa far as the circumatances of hia sciiool permit. Any modifications deemed
mecesaary should be made only with the concurrence of the Inspector and the
trostees. In French and Oerman ScIiooIm the uuMiorised
Readcrti shall be used lu addition to any text>bokti in either
of the languages aioresald.
This Regulation was followed by instructions to the teachers
of French ScJ' '- as to how the subjects of Reading, Spelling,
Composition > Grammar should be taught, and they were re-
THE MO WAT GOVEll^MENT.
107
quired to give at least 2 hours per week to the 1st and 2nd
forms, and 4 hours per week to the 3rd and 4th forms, or ] 2
hours per week in all to the study of English', aa average of
nearly ?4 hours per day.
On the 2.')rd February, 1887, as the result of this change in the
Regulations, Mr. Sumnierby, Inspector, reported that there were
only 27 Departments in these counties in which English was not
taught.
On the 4th of January, 1888, this number was reduced to 6,
and on the 2;ird February, 1889, the Inspectors reported that
English was taught in every school. Mr. Summerby s statement
was as follows : •
School Jnspectok's Offiob,
Russell, 23rd February, 1889.
Dsar Sir, — I am in receipt of the printed copy of the resolution respect-
ing the French schools and shall endeavor to have the information aeked for
ready for entry when the schedule comes to hand.
Last year I had to r* port that we had six schools in which EagUsh was not
taught. Mr. Dufort has made a verbal report to me that these six fell into
line during 1888,80 that we can now say that English is taught in every
public school in the counties.
Yours truly,
W.J. SUMMERBY.
Hon. G. W. Ross,
, Minister of Educatic
and Mr. Dufort's, dated 25th February, was as follows :
Ctjeban, 25th February, 1889.
The Hon. the Minister of Education,
Toronto.
Sir, — Last year according as I made my first visits I insisted on all the
teachers that they had to teach English, and also explained to trustees and
parents the necessity of having it taught. The result is that I now have the
'pleasure of stating that English is taught in all the schools more or less.
Your obedient servant,
O. DUFORT,
Assistant I. P. S.
Appointment of Commissioners.
On account of the conflicting statements made through the
Press, and, in order to ascertain the true condition of the French
schools, the Minister of Education appointed the Rev. A. H. Rey-
ner, M. A., Professor in Victoria University, the Rev. D. I, McLeod
and J. J, Tilly, Inspector of Model Schools, Commissioners to visit
all the schools in the Province in which French was taught, to
^w
103
THE MO WAT GOVERNMENT.
report without delay how they stood with respect to the study of
English, the use of unauthorised text-books and the qualification
of the teachers.
With regard to the study of English in the Counties of Pros-
cott and Russell, they reported as follows:
With reference to the instructions contained hi your circular just quoted
(respecting the ttudy of English) we find :
I. That some English is tanght in every school.
II. That the Ontario Readers have been introduced into every school.
III. That the pupils are usually well supplied, with English reading books.
IV. That in at lenst twelve schools the work done in English is much be-
yond the amount prescribed.
Y. That in 24 schools more time is given to English than that prescribed
in the circular ; in 6 the time prescribed is given, and in 28 less than the time
prescribed is given.
VI. That in very few schools has sufficient attention been given to colIo«
quial exorcises.
In several schools only young children were ]>reBent, and classes were
therefore confined to pupils in the First Iliaader. It should be mentioned,
however, that whenever the teacher was at all profioi nt in spAaking English,
and when the school contained pupils who had been atter.diug some time,
these pupils were almost invariably in the third or fourth class in English,
showing that progress was being made in this subject. In 17 schools the re-
sults were very satisfactory indeed, and in several cases quite equal to the
work'done in good English schools. In 21 schools fair progress was being
made, and in 18 the pupils knew very little English. The pupils usually
translated freely and correctly, and spelled nearly, if not quite as well as the
English pupils present in the schoob ; but onl^ those who had been taught
orally, and who had been trained to give thour answers directly in spoken
English, showed any readiness in speaking the language.
At least 00 per cent, of the pupils reported as not learnins; English wire in
the first French reader, or had been recently promoted to ih ^ second class.
Very few were found in higher classes who were not learning English.
The County of Essex.
Of the schools in the County of Essex they reported as follows
"There are thirty schools in the County of Essex in which French is
taught, and all were inspected by us. Mauy of these could scarcely be dis-
tinguished from English schools. In twelve schools, English is mainly
the language of the school ; in fourteen, French and English are taught
about equally ; and in four, French is the language of the school, the
teaching in English being limited to reading and translation. The work
done in these schools is about equal to what is dune in the ordinary
English rural school. The school houses and grounds usually show neat-
ness and taste, and the schools are very well supplied with desks and
other requisites. Taking the standing of the pupils in English as the
basts of olasaifioation, seventften schools may bt classed as good, six a»
fair, and aevm as pior and unsatisfactory. "
' It 'i^.tiiS. J-i-. ' .*; '
THE MO WAT GOVERNMENT.
109
Teachers.
Of the teachers in the counticH of Prescott and Russell they re-
p ^rted as follows :
4(
u^
teachers.
Jachers.
r extent
:t- books.
>aitment
to them,
tions : —
schools in
)ackward-
Igeof the
? a larger
se Bchoola
they are
from tho
> English
ase more
;he use of
8e, tjQoro
it in the
tandard,
n them,
ny yeara
wii way,
r by the
jr them,
ey have
ug the
1 13 the
QH and ^
t with
If the
feelings
dopted,
to a
nd the
ihools,
Tho
arded
rman
W case
ioDal
ed to
THE MOWAT QOVERNMEKT.
Enforcing the Regulations.
Ill
In order to ascertain the effect of the Regulations, the Minister
of Education addressed the following letter to. the Inspectors of
Prescott, Russell, Kent and Essex :
ToBONTo.lOth February, 1890.
My Dear Sir, — On the 22nd October last I transmitted to you '' Instrno*
tions" foh teachers and truntees of French schools, with a request that you
would report in detail at your next visit as to every matter to which atten-
tion was called in these Instructions, but more partioulary as to the extent
to which English was studied and the regulations observed with respect to
unauthorised te:<(t-booka and religious exercises.
As you will probably by this time have visited a number, if not all of the
schools in which the regulations of the Department in the particulars above
referred to wore not faiihf iilly carried out, you vrouldi no doubt, be able to
report their present condition in these respects as compared with their con-
dition at the time they were visited by yourself and the Commissioners.
I should like your statement to contain a report on each school by name or
number.
Yours truly,
(Signed) GEO. W. ROSS.
Tbbo. Girardot, Esq.,
I. P. S., Sandwich.
A similar letter was addressed to Inspectors J. C. Morgan, Dufort and
Nichols. ,
Report of the Inspector for Prescott and Russdl.
The Inspector of Prescott and Russell, Mr. 0. Dufort, replied as
follows:
1 desire to state also that the bi-lingual text-books are being introduced
as fast as possible, and within a year they will entirely supersede the Mont-
petit aeries.
The regulations with regard to religious instruction are being carried out ;
in every school section which I have visited these regulations came into
force, and I have no doubt that they will be faithfully observed everywhere.
The altars in the two schools mentioned in the Commissioners' Report
have been removed and will not be replaced
Our training school has been opened with twenty-three students, is well
received by tho people everywhere, and liberally assisted by the County and
Township Councils.
Respectfully yours,
0. DUFORT,
Assist. I. P. 8.
CcHKAN, Feb. 16th, 1890.
Report of the Inspector for Kent.
The Inspector of Kent, Wilraot *M. Nichols, B. A., replied as
follows ;
I I
112
THE MOWAT GOVEIINMENT.
^ Blenhkim, 11th February, 1890.
Sir, — I have th« honor to roport that bo soon aa praotioablo I personally
delivered a copy of the Instruutions both iu English and in French to the
teachers of those of ray schools in whioh these two lai uages are used in
teaching. I also left copies for ihe trustees, and at ii.) same time called
■peoial attention to the Bi-lingual Readers, informing ihe teachers where
these could be readily obtained, as I had requested a doal<-r to keep a snpply
in order that there should bo no dithculty in this direction. I may here say
that so long as the teaching of French is oonsidero I a necessity in such
schools, 1 confidently expect much better results from the iise of the bi-lin-
gual series than have been obtained hitherto. These books wil! be introduced
at once, but only as favorable occasion offers on the promotion of pupils, and
*so as to avoid cause of complaint that^indue haste has been ma< e in efTecting
tha change.
Report of the Inspector for Essex.
The Inspector of Essex, Mr. Th. Girardot, replied as follows:
To the Honorable G. W. Ross,
Minister of Education.
HoNORABiB Sir, — In regard to the state of the French schools nnder my
supervision in the County of Essex, I have the honor to report as follows :
Since I visited them with the Commissioners, I have inspected them during
the last school term of 1889, and I am glad to state that I found teachers
giving more time to the study of English. As it can be seen in the detailed
statement herewith, if compared with the report of said Commissioners, none
but authorised English books are used in all the schools. As to French
books, the bi-lingual readers having appeared in this county rnly in the
beginning of the year, they could r.ot be introduced before, but I am aware
that they are now used in moat of the schools. The other French books
used presently are all authorised. As far aa I could find out, regulations in
regard to religious instruction are carried out in all the schools. Changes
cannot be made suddenly, people have to be dealt with gradually and
smoothly. I sincerely believe that after my next visits to the schools, which
will begin as soon as the roads will permit and after the teachers' convention,
which will take place in the beginning of May, all our French schools in
Essex will work satisfactorily, according to the regulations of the Department.
This places beyond all question the contention of the Minister
of Education that the Regulations of the Department are being
enforced, that the prudent but firm policy which he inaugurated
was producing very substantial results.
Mr. Craig's Bill. >
On the 3rd of April Mr. Craig moved the second reading of a
Bill to make English the language of instruction in the Public
and Separate Schools of the Province.
To which the Minister of Education moved, in amendment, the
following motion :
TFIE MOWAT OOVKKNMENT.
113
890. •
jrsonally
sh to the
I used in
ae called
rs where
a supply
here say
in iuch
le bi-lin-
troduced
ipilfl, and
eirecting
loW3:
inder my
I follows :
im durir.'j?
I teachers
B detailed
era, none
French
ly in the
m aware
ich book 9
itionn in
Chan({e8
ally iind
Is, which
vention,
Ihoolfl in
irtment.
linister
being
tu rated
of a
*ublic
it, the
Mr. Ro?8 (Middfesex), moved in ftmendment, seconded by Mr,
Frazkr,
That all the words of the motion after the first word " That" be omitted
therefrom, and that the following be Bubntituted instead thereof, "the fol-
lowing K« giilations of the Education Department have been in force since
the tenth of February last, namely : —
1. In school sections where the French or Gorman language prevails, the
trustees, with the approval r f the Inspector, may, in addition to the course
of study prescribed for Public Schools, require instruction to be given in
reading, grammar and composition to such oupils as are directed by their
parents or guardians to study cither of these lang\mr;es, and in all such cases^
the authorized text-books in French or German shall be used.
2. It shall be the duty of the teacher to conduct every exercise and recita-
tion from the text-books prescribed for Public Schools, in the English lan-
guage, and all commuiy cation between teacher and pupil in re^tard to matters
of discipline and in the management of the school shiill be in English, except
so far as this is impracticable by reason of the pupil not understanding Eng-
lish. Recita,:ons m French or German may be conducted in the language of
the text-book.
3. It shall be the duty of the Inspector to examine carefully in English
every pupil according to the course of study prescribed for Public Schools ;
but he shall be at liberty to use his own discretion as to what explanations
he will give in any other language that appears to be better known by the
p\ipil. The standard of efhciency recognized in Public Schools where the
English language only is taught shall be the standard for French and Ger-
man schools, reasonable allowance being made for pupils whose mother
tongue is French or German. The Inspector shall report at once to the
Education Department any school in which the regulations respecting the
study and use of English are disregarded by the teacher or trustees.
4. In counties where there is a scarcity of teachers qualitied to teach Eng-
lish, the Board of Examiners for the county, with the approval of the Educa-
tion Department, may establish a Model School for the special training of
French or German teachers. Such schools shall hold two sessions each year,
and shall in addition to the ordinary professional course required for County
Alodel Schools, give a full literary course in English in all the subjects pre-
ficiibcd for Third Class Teachers' Certificates, or for District CertiHcates a»
the Board may direct. The final examination for certificates to teach »hall
be conducted in the English language. There shall also bo a final examina-
tion in the French or German language, in reading, grammar and composi-
tion. Boards of Examiners shall possess all the powers with respect to such
scW>ols as they now possess with respect to County Model Schools. The Re*
gulations governing the inspection of County Model Schools by the County
and Departmental Inspector shall apply to these schools. '
That this House hereby records its approval of these Regulations, and or*
ders that Bill (No. 223), be read a second time this day six months.
The reasons for declining to accept
briefly ;
Mr. Craig's Bill were
(1) It was unnecessary, as the ground was fully covered by the Regula-
tions of the Department.
(2) The Bill did not provide for the training of teachers for French
ichools.
8
114
THE MO WAT OOVKUNMENT.
! I
I
(3) The Bill did uot require En({liHh to be uied in the manageuoent and
discipline of the anhool, as required by the liet^^ulationa.
(4) The liill BiibBtituted the withdrawal of tho toHcher'a certificate fur
the present law by which the School grant ia withdrawn for a violation of
the IlMgulatioui of the Department, and thua in roduced a new principle
into school logialation.
(5) When a Ttjauher or Board of Truatees failed to carry out the proviaidna
of the Bill in ^ood faith, then the use of French was to be prohibited in such
aohoola, that u, the pupils were to be instructed in English, no matter
whether they understood a word of it or not, because the teacher or trustees
violated the law.
(0) Moreover, it was painted out that the mover of the Bill took the
ground last year, that " English should be the only language of instruction
in all our Public schools. " His words were, aa re;>ortod in the Jimpire of
March 9th, 1889 :
'• Wore they willing to have two languages in this Province in the Public
"Schools of Ontario if such were not tho lieaii^ of the people, the Engliah
" language only should be taught."
" He did uot want to speak a word against tho French lan^'uage but aa
•' this was essentially an EngliMh-speakiiig Province they could only have
" one language — the English Language — in their Public schools ; that was the
"great principle he wished to lay down."
"Mr. Meredith in the same debate said that the course outlined by his
" friend, the moiiber for E. Durham, should prevail in the education of the
"young in this country, and he would give the broadest utterance to his feel-
" ings, even if the result should be to drive him from public life.''
The Oovernment Policy.
Tho following quotation from a speech delivered by the Hon.
Mr. Ross in Toronto, in June last, is worthy of notice : —
"In dealing with French and Gorman in our public schools, we will not allow
our French and German fellow-citizens to be regarded aa aliens. They are
not aliens in any sense of the term. (Cheers.) They may not speak our
language, but neither do many of our citizens of Scotch descent. I must be
allowed to repudiate in the strongest terms the narrow sectionalism which
appears to have taken such strong hold upon some people, a(iuires but
little penetration to see through the thin veil of hypocrisy under which all
their pretensions are concealed. A few years ago Prescott, Russell and Esaex
were rt.presented in the Local legislature by Conservatives. There wns no
cry then of French aggression and French invasion. In nearly half these
Hohouls at that time no English was taught, and few of the authorized text
books were usud. The teachers were not as csipuble of teaching English as
they are now. A greater number of them came from Quebec then than now
Where were these guardians of the liberties of Onta:io in those days 1 in
1883, when Tory members, by virtue of the votes of the Frenchman in these
counties, sat in the Legislative Assembly, were they the champions of Eni.'-
lish schools they pretend to be to-day 1 Whon the Government submitted
to the regulations of 1885, by which substantial progress has been made for
securing the introduction of English into every school, did Mr. Robillard, the
Tory member for Prescott, or Mr. Sol. White, the Ti>ry member for Essex,
say a word in support of the policy then instituted 7 Not a word. The
oracles of to-day were all silent then. Even the * son of Ontario,' the
Orphan Leailer of the Opposition, while on his eastern tour in 1880, in his
speeches at Winchister Springs and at Cornwall, in the immediate vicinity of
this Providence-forsaken land, was mute as a ' mermaid by the sounding sea. '
(Laughter and applause.) Now like a hungry pack of wolves they are down
upon us because iu a day we have not changed the condition of things which
must have been well known to every one of them. So long as they received
the political support of the Frenchman he was a good, intelligent, progressive
citizen^ but '^hen he became a Liberal, and showed his appreciation of the
Mowat Government, he is ' a South African Hottentot and a garlic eater,'
his 'children are half naked' and his wife takes to ' weeding onion beds and
fishing in the nearest stream.' (Cheers and laughter.) Charming gratitude
this, to say the least of it. "
Regulations of the Department.
Next in importance to the School Act and its amendments
are the Regulations of the Department. These have been revised
with great care by the present Minister, and submitted to Pai lia-
ment for approval or rejection. The whole of the operations of
the Department are in this way brought directly under the con-
trol df the people's representativeri, in a more critical sense than
ever before.
i
! 11
116
THE MOWAT GOVEHNMKNT.
The following are some of the most important amendnienta
made : — (a) The area of School grounds, the capacity of ychoola,
and their furniture and equipment were more accurately defined.
(6) The programme of studies was simplified and the number of
subjects reduced from 13 in 1883, to 8 in 1889. (c) Prawing,
Agriculture, Temperance and Hygiene, formerly recommended as
subjects of study, wore made obligatory.* (d) Provision was made
for the use of the authorized Readers in French and German
Schools, in addition to text-books in thesa languages, (e) Better
provision was made for religious instruction, and all Public Schools
were required to begin the exercises of the day by the reading of
the Scriptures, either from the Bible or authorized selections, and
by the use of the Lord's Prayer, or the prayer sanctioned by the
Department. (J) The first Friday in May was declared an Arbor
Day. (g) The qualifications of First, Second and Third Class
Teachers were more accurately defined, the standard, particularly
in English subjects, raised, and the principle of options more
generally applied, (h) The regulations respecting County Model .
Schools were modified and the number of obligatory subjects
increased, (i) Provision was made for the examination of teachers
desirous to qualify themselves for Kindergarten work, (j) Ex-
perience in teaching was recognized in the ease of those who
desired to renew their Third Class Certificates, (k) The course
of study for Normal »School certificates was limited to purely pro-
fessional work, and the amount of practical teaching in Model
Schools increased. (I) The mode of conducting Departmental
Examinations was changed, and only those having experience as
Teachers employed as sub-exAminers. (m) Text-books used for
Public Schools were limited to one text-book in each subject,
unless the Trustees by resolution provided for the retention of
some book previously used, (n) The publishers of all authorized
)text-books were placed under a contract with the Department to
manufacture books according to a fixed standard of excellence.
(o) Negotiations were successfully canied through with the Sen-
ate of the University for the admission of First and Second Class
Teachers to Senior and Junior Matriculation respectively pro
tanto, and honours at Senior Matriculation accepted by the De-
partment in lieu of First Class Certificates grade " C." (p) Limi-
tations were placed upon the indiscriminate extension of Third
Class Certificates, (^j Agriculture and Temperance were added
as optional subjects for entrance to High Schools, the qualifications
of specialists for High School work were defined, and professional
experience and success recognized M Provision was nvide for
distributing the grant for High School purposes on the basis ot
THE MOWAT GOVERNMENT.
117
luient3
chooU,
etined.
iber of
awing,
ided as
s made
lerraan
Better
Schools
ding of
)ns, and
by i^e
a Arbor
d Class
acularly
IS more
y Model,
subjects
teachers
(i) Ex-
ose who
iB course
ely pro-
„ Model
iinental
ience as
used for
subject,
ntion of
^orized
ment to
jellence.
,he Sen-
id Class
ily pro
the De-
>) Limi-
I Third
e added
ications
tssional
ie for
lasis ot
Teachers' salaries, equipment of tlie school, and the cond ition and
suitability of the school premises, (n) Training Institutes were
established for the professional training of High School Assistants
and First Clas.s Teachers, (t). Distinct provision wa^ made for a
Commercial or Business Course in each High School, (tt) The
text-book list for High Schools was revised, and by eliminating
those that had become obsolete or were unneces.sary, the list was
reduced from 147 in 1883 to 55 in 1889. {v) The course of study
for High Schools was adapted to the course of study for Matricu-
lation into the University, and the number of Departmental Ex-
aminations reduced from four in 1888 to two in 1889. (w) Can-
didates for Second Class Certificates are required to take the
Third Class Examination before being eligible to write for a
second, (x) The number of papers required for Third Class Cer-
tificates has been reduced from 23 in 1883 to 8 obligatory and 2
optional, and for Second Ckiss Certificates from 28 to 10 obliga-
tory and 2 optional.
\ ■
SEPARATE SCHOOLS.
The first School Act admitting of the principle of Separate
Schools was passed in 1841. Amendments of various degrees
of importance were made in 1846, 1851, 1853, 1855. 1857, and
18G3 — the amendments of 18G3 being the most important of alL
This Act was in force at the time of Confederation and it was in
respect to it so far aa the Roman Catholics of Ontario were con-
cerned that section 93 was inserted in the B. N. A, Act, as fol-
lowes : —
03. — III aiid for each Frovincd the Legislature may exclusively makela
General in Council on an appeal under this section is not duTy executed by
the proper Provincial authorities in that behalf, then and in every such casu,
and as far only as the circumstances of each case require, the Parliament of
Canada msy make remedial laws for the due execution of the provisions of
this section and of any decision of the Governor- General in Council under
this section.
• Tfw Act of 1863.
The controversy of the last few years haa arisen out of the
following sections of the Act of 18(i3 : — Sec. 14, now 40 R. S.
1887; Section 18 now section 47; section 13 now section 61;
and section 26 now section 64 ; —
14.— Every person paying rates, whether as proprietor or tenant, who, by
himself, or his agent, on or before the first day of March in any year, gives
to the clerk of the municipality notice in writing that he is a Roman Catho-
lic, and supporter of a Separate School situated in the municipality or in a
municipality contiguous thereto, shall be exempted from the payment of all
rates imposed for the support of Public Schools, and of Public School libra-
ries^ or for the purchase of land or erection of buildings for Public School
purposes, within the city, town, incorporated village or section in which ho
resides, for the then current year, and every subsequent year thereafter,
while he continues to stipport a Separate School; and the notice shall not be
required to be renewed annually; and it shall be the duty of the trustees of
every .Separate School to transmit to the clerk of the municipality or clerk of
muHicipalities (as the case may bf) on or before the Urd day of June in each
year J a correct list of tiie names avd residinccs of all persons supporting the
Separate Schools under thtir management; and every ratepayer whose name shall
net appear on such list shall be rated for support of Corflmon Schools.
47. — (1) Any Roman Catholic who may desire to withdraw his support
from a Separate School, shall give notice in writing to the clerk of the muni-
cipality, before the second Wednesday in January in any year, otherwise he
shall be deemed a supporter of the school.
(2) But any person who has withdiawn his support from a Roman Catholic
Separate School shall not be exempted from paying any rate for the support of
Separate Schools or Separate School libraries, or for the erection of a Separate
School house, imposed before the time of his withdrawing such support from
the Separate School.
61. — The teachers of a Separate School under this Act shall be subject to
the same examinations, and receive their certificates of qualification, in the
same manner as Public School teachers generally ; but the persons qualified
by law aa teachers, either in the Province of Ontario, or, at the time of the
passing of The British North America Act, in the Province of Quebec, shall be
considered qualified teachers for the purpose of this Act.
64. — The Iloman Catholic Separate Schools (with their registers) shall be
subject to such inspection as may be directed from time to time by the Min-
ister of Education, and shall be subject also to such regulations as may be
imposed from time to time by the Education Department.
( Efect of Section 40.
By section 14 (now 40) the trustees of separate schools were
required to furnish the Municipal Clerk, on or before 1st Juna
THE MOWAT GOVERNMENT.
119
with a list of Separate School supporters. Any Roman Catholic
not entered on such list would be liable for Public School rates ;
the trouble and annoyance of preparing such a list annually was
greatly complained of by Separate School trustees, inasmuch as
this section rendered it necessary for them to make up annually
a list of all the Separate School supporters, and this in the cities
sometimes amounted to several hundreds if not thousands of
names.
Aiiundment of 1877.
In 1877 the Separate School Act was amended so as to relieve
Trustees of Separate Schools of the duty of supplying annually
a list of their supporters and transferring this duty to the assessor.
This amendment was as follows : —
* Municipal Councils were required
' ' To cause the Assessor of the Tuwuahip, in pre^ ariiig the annual assessment
roll of the Township, and setting down therein the school section of the
person taxable, to distinguish between Public or Separate, and in setting
down therein his religion, to distinguish between Protestant and Roman
Catholic, and whether supporters of Public or Separate Schools ; and the
Aasessor shall, accordingly, insert such particulars in the respective columns
of the assessment roll prescribed by law for the school section and religion
respectively of the person taxab'e."
" The Court of Revision shall try aod determine all complaints in rej^ard
to persons in these particulars aUtged to be UTongfuUy placed upon or omttted
from th» roll (as the case may be), and any person so curoplaining, or any
elector of the municipf the
^allbe
x\\ be
Min-
lay be
|wer«
Tuna
, Amendvient of 1879.
It was found after this amendment went into operation that
frequent mistakes were made by the assessor with respect to the
rating of Public and Separate School supporters respectively. To
obviate this the Separate School Act was further amended in 1879
as follows :
(Sec. 26, sab-sec. 3, 18V9.) "In any case where the trustees of any
" Roman Catholic Separate school avail themselves of the provisions contained
** in the 78th sec. of the Public ochool Act, for the purpose (amongst others)
" of ascertaining through the aasessor of the municipality of the persons who
*' are the supporters of Separate Schools in such Municipality, the assensor
" shall accept the statement of any ratepayer that he is a Roman Catholic, aa
" sufficient ^rima/acie evidence for placing such person in the proper ool-
I
120
THE MOWAT GOVEKNM'.NT.
" umn of the assesanoent roll for Separate School Buppoiters, or if the assessor
" know personally any person to be a Roman Oatholio this shall alsu be suf«
•' ficient for placing him in such last mentioned column."
In 1886 these clauses were consolidated and read as follows :
4§. — (I) The assessor or acsessors of every municipality shall in the as-
sessment roll set down the religion of the person taxable, distinguishing be-
tween Protestant and Roman Catholic, and whether supporters of Public or
Separate Schools but nothing herein contained shall be deemed to interfere
with the rights of Public School trustees under the Public Schools Act.
(2) The as'aeseor shall accept the statement of, or made on behalf of, any
ratepayer, that he is a Roman Catholic, as sufficient prima /aci« evidence for
placing such person in the proper column of the assessment roll for Separate
School supporters, or if the assea^'tor knows personally any ratepayer to be a
Roman Catholic this shall also be suthcient for placing him in such last men-
tioned column.
(3) The Court of Revision shall try and determine all complaints in regard
to persons in these particulars alleged to be wrongfully placed upon or omit-
ted from the roll (as the case may be), and any person so complaining, or any
ratepayer of the municipality, may give notice in writing to the clerk of the
municipality of such complaint, and the provisions of the Assessment Act,
in reference to giving notice of complaints against the assessment roll, and
proceedings for the trial thereof, shall likewise apply to all comp iainta under
this section of this Act, 49 V. c. 46, s. 49.
Efect of Araeyidments of if 77-79.
It was contended by the opponents of the Government (1) that
these amendments completely changed the status of Roman Catho-
lics with respect to the Public School system, and instead of their
being prima facie Public School supporters, as they were in the
Act of 1863, they were now prima facie Separate School sup-
porters. (2) It was alleged that without even the knowledge or
consent of a Roman Catholic, any person on his behalf could
notify the assessor that he was a Separate School supporter, and
thus change his status with respect to the Public Schools. (3) It
was alleged that the notice required in section 40 was dispensed
with. In answer to these allegations the Hon. Mr. Crooks, then
Minister of Education, replied as follows :
" There has been no change in the principle on which Separate Schools are
based, namely, the permission or option which each Roman Catholic has to
become a supporter of a Separate School or not. His being a Catholic is
merely pritna facie evidence on which the assessor could place his name
among the supporters of the Separate School ; but he cannot do so if the
Roman Catholic ratepayer instructs him to the contrary; and in that case,
not being a supporter of a Separate School, he would be liable to Public
School rates and entitled to send his children to the Public School. The law
permits each Roman Catholic ratepayer his individual option in supporting
the Separate School, and provides the proper machinery for having this au
settled that he must pay a school rate for one or the other. "
THE MOWAT GOVERNMKNT.
121
The following statement by Mr. Mowat in 1886 was also given
as an answer :
ire
to
is
the
se,
javr
]ng
*• But the ludicrous absurdity of the objection is th»t the preliminary
notice has not been disponsod with. On the contrary, it is expressly con-
tinued by the list sec. of the Act of last session, the section which gives
Roman Catholics exemption from school rates, and any Protestant or other
ratepayer of the municipality may object to the exemption before the
Court of Revision, on the ground that the necessary preliminary notice
was not given; and he may do so without the consent, and even contrary
to the wish of the ratepayer whose case is in question. Could anything
show more clearly the mortal weakness of our ausailants than the neooesity
of sotting up so idle a criticism ? "
As the Conservative or;3'ans still persisted in thoir statements,
the case was submitted by the Minister of Ijklucation to the
Courts for decision in the following form :
Decision of Judges on Separate Schools Act.
In pursuance of the Publio Schools Act» Revised Statutes of Ontario,
1887, chapter 225, section 237 :
Tho Minister of Education for Ontario submits to the Honourable John
Alexander Boyd, Chancellor, President of tho Chancery Divisiuu of Uer
Majesty's High Court of Justice for Ontario, for his opinion and decision ;
Or with hia consent, for the opinion and decision of the Divisional Court
of the said Chancery Division, the following cases or questions :—
First Question.
Is or is not a ratepayer, who has not, by himself or his agent, given notice
in accordance with the last foregoing section, entitled to exemption from the
payment of rates imposed for the support of Public Schools or for other
Public School purposes, as in that section mentioned i
Answer.
This Court in answer to the First question submitted by the said special
Case doth declare that : —
If the assessor is satisfied with the prima facie evidence of the statement
made by or on behalf of any ratepayer that he is a Roman Catholic, and
thereupon (seeking and having no further information) places such person
upon the assessment roll as a Separate School supporter, this ratepayer
though he may not by himself or his agent have given notice in writing pur-
suant to section 40 of the Separate Schools Act may be entitled to exemption
from the payment of rates for Public School purposes, he being in tho case
i|uppo8ed assessed as a supporter of Roman Catholic Separate Schools.
Second Question.
Is it or is it not open to the Court of Revision of the municipality, under
section 120 (3) of the Public Schools Act, on the complaint of a person
placed by the assessor in the column of the assessment roll for S^arate
fc^chool supporters.
?
T —
mmmm
11
ii
I;
122
THE MOWAT QOVERNMENT.
Or, on the complaint of any other person being an elector, to try and
determine oomplainta in regard to —
(a) The religion uf the person placed by the oasesBor on the roll aa taxable
as Protestant or Roman Catholic ; i
(6) Whether auch person is a supporter of Public Schools or of Separate
Schools within the meaning of the provisions uf law in that behalf ;
(c) Whether such person has been placed in the wrong column < f the
assessment roll for the purposes of school tax ;
(d) Whether the name of any person wrongfully omitted frojm the proper
column of the roll should be inserted thereon ;
(e) Or any other fact or particular relating to persoiis alleged to be wrong-
fully placed upon or omitted from the roll under section 120.
Answer.
And this Court in answer to the Second question doth declare that : —
The CouTt of Revision has jurisdiction on application of the person as-
sessed, or of any municipal elector (or ratepayer, as in the JBoparate Schools
Act, section 48 (3) ) to hear and determine complaints ;
(a) In regard to the religion of the person placed on the roll as Protestanfc
or Rioman Catholic, and
(b) As t6 whether such person is or is not a supporter of Public or Sepa-
rate Schools within the meaning of the provisions of law in that behalf, and
(c) — Which appears to be involved in (fc) — whether sarih person has been
placed in the wrong column of the asBessmoat roll for the purposes of the
school tax.
It is also competent for the Court of Revision to determine whether the
name of any person wrongfully omitted from the proper columu of the as-
sessment roll should be inserted therein upon the complaint of the person
himself or of any elector (or ratepayer).
As to the trinl of any other fact or particular under section 120 of the
Public Schools Act, the answers already given appear to exhaust all facts and
particulars thereunder.
Third Question.
Ir or is not the assessor bound to accept the statement of, or made on
bbhalf of, any ratepayer under section 120 (2) of the Public Schools Act in
case he is made aware or ascertains before completing his roll that such rate-
payer is not a Roman Catholic or has not given the notice required by section
40 of the Separate Schools Act, or is for any reason not entitled to exemption
from Public School rates.
Answer,
And this Cbnrt in answer to the third (question doth declare that —
The assessor is not bound to accept this statement of, or made on behalf
of, any ratepayer under section 120 (2) of the Public Schools Act, in case he
i^ made aware or ascertains before completing his roll that such ratepayer is
not a Roman Catholic or has not given the notice required by section 40 of
the Separate Schools Act, or is for any reasi n not entitled to exemption from
Pubac So^'r '. '.'^•^:^
^i f,t. .s^r Fouith Question.
t'^ t ; <«' • ratej; Iyer is in any year wrongfully assessed as a Roman Catholic
and 8u;;^v.of tet ot S.-.narute Schools, and through inadvertence or other causes
THE MOWAT GOVERNMEirT.
123
did not appeal therefrom, or being a Roman Catholic has not since g;iyen tho
n 'tice of withdrawal mentioi^d in section 47 of the Separate Schools Act, is
he or iahe not estopped from claiming in such following, or future year with
reference to the assessment of such year that he is not a Rom»n Catholic or
has not g^ven the said notice ?
If the ratepayer hiinself is estopped, are or are not the other ratepayers of
tho mnnicipaiity estopped also, and without remedy by appeal in such follow-
ing ur future year ?
Answer.
And this Court as to the Fourth question submitted by the said Special
Case which is recast by cuunaol on both sides after the argument is as fol-
lows, viz :
4. (a) In case a ratepayer, not being a Roman Catholic, is in any year
wrongfully asseasud as a Roman Catholic and supporter of Separato Schools,
and through inadvertence or other causes did not appeal therefrom, is he or
is he not estopped from claiming in such following or future year with ref-
erence to the assessment of such year t«tiat he i& not a Roman Catholic ?
■(b) Or is a ratepayer, being a Roman Catholic and appearing on the assess-
ment roll as a Roman Catholic and supporter of Seiparato Schools (.Uthough
he had not given the notice under tho 40th section of Separate Schools Act),
and not having given the notice of withdrawal mentioned in section 47 of the
Separate Schools Act, is he or is he not estopped from claiming in such fol-
lowing or future year that he should not be placed as a suf)porter of Separate
Schools with reference to the assessment of such year, although he had not
given the said notice of withdrawal.
(c) Under the circumstances stated in either of the last two paragraphs, if
the ratepayer himself is estopped, are or are not the othevatepayers of the
municipality estopped also, and without remedy by appeal in such following
or future year ?
As to the first part of the question lettered (a) doth declare that :
A ratepayer not a Roman Catholic, being wrongfully assessed as a Roman
Cathohc and supporter of Separate Schools, who through inadvertence or
other causes does not appeal therefrom, is not estopped (nor are other rate-
payers) from claiming in reference to the assessment of the following or fu-
ture year that he is not a Roman Catholic.
And as to the second part of the said question lettered (h) doth declare
that : —
A ratepayer, being a Roman Catholic and appearing in the assessment
roll as a Roman Catholic and supporter of Separate Schools, who has not
given the notice in writing of being such supporter mentioned in section 40
of the Sep irate Schools Act, is not (nor are the other ratepajers) estopped
from claiming in the following or future year, that he should not be placed
as a supporter of Separate Schools with reference to the assessment of such
year, although he has not given notice of withdrawal mentioned in section 47
of the* Separate Schools Act.
And as to that part of the said question lettered (c) the answers to the
previous parts of the said question appearing to thb Court to be also a suf-
ficent answer tc the said paragraph lettered (c), this Court doth not see fit to
make any further or other answer thereto.
The contention of the Government was fully sustained, and
as a matter of law this should have set the whole question at rest.
12-4
THE MOWAT GOVERNMENT.
i. '
In orJer, however, to remove all cause of complaint and render
it almost impossible for mistakes to occur, the Minister of Edu-
cation introduced into the House the following Bill, which
received the assent of the Lieutenant-Governor on 7th April :
No. 18G].
BILL.
1890.
An Act to amend the Public and Separate Sehoolo Act.
HER MAJESTY by and with the advice and consent tf the'LegislativB
Assembly of the Province of Ontario, enacts as follovi s : —
I, The clerk of every municipality shall forthwith after the passing of this
Act, enter in a convenient index book, and in alphabetical order, the name
of any ptrson who has given to him or any former clerk of the municipality
notice in writing that such person is a Roman Catholic and a supporter of a
separate school in or contiguovis to the municipality, as provided by the
4\.>th section of The Separate SchooU Act, or by previous Acts respectirg
separate schools ; the clerk shall also enter to opposite the name, and in a
cuhimn for this purpose, the date on which the notice was received, t^nd in a
third column opposite the name any notice by such person of withdrawal
from supporting A separate school, as provided by the 47th section of the
said Act, or by any such Act as aforesaid, with the date of such withdrawal ;
or any disallowance of the notice by the court of revision or county judge,
with the date of such disallowance. The Ipdex hot k may be in the form
set out in the schedule to this Act, and shall be open to inspection by
ratepayers.
(2) The clerk shall enter in the same book, and in the proper alphabetical
place therein, all such notices hereafter from time to time received by the
clerk.
(.'i) It shall be the duty of the clerk to 61e and carefully preserve all Huch
notices which have been heretofore received, or shall hereafter be received.
il. In the case of a municipality in which there are supporters of a Koman
Catholic separate school therein, or contiguous thereto, there shall be printed
in conspicuous characters, or written across or on the assessor's notice to
every ratepayer, provided for by the 47th section of The Aaspssment Ad, and
set forth in schedule B. to the said Act, in addition to the proper entry here*
tofore required, to be made in the column respecting the school tax, the .
folio wiug words: "You are assessed aa a separate school supporter," or
" You are assessed as a public school stipporter," as the case may be ; or
these words may be added to the notice to the ratepayer set forth in the said
schedule.
3. Where the list required by the first section of this Aot is prepared, the
assessor is to be guided thereby in ascertaining who have givt n the notices
which are by Kw necessary, in order to entitle supporters of Roman Catholic
separate schools to exemption from the public school tax.
4. The statement made undrr the second sub-section of the 48th section
of The Separate Schools Act, the 120th section of The Public Schools Act, or
the fourteenth sub-section of The > Assessment Act. nieanp, and has always
meant, a statement made to the ai^sessor on behalf of the ratepayer by his
authority, and not otherwise.
5. In case of its appearing to the munic'oal council of any municipality
after the litial revision of the assessment roll, that through some mistake or
inadvertence any ratepayers have beeo placed in the wrong school tax column,
either a» supporters of s>^parate schools or supporters of public schools, it
THE MOWAT GOVERNMENT.
1£5
shall be competent for the municipal council after due enquirj and notice to
correct auch errors if such council sees fit, by directing the amount of the
tAX of such ratepayers to be paid to the proper school board. But it shall
not be competent for the council to reverse the decision of the court of
revisi( n 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 first instance
been entered on the roll properly.
This Act .requires the clerk to keep an index book for those
who give notice under section 40; requires the assessor to be
guide«] by the notices entered in that book, in making up his
roll, and empowers the Council to rectify mistakes where they
occur, even at the last moment. Mr. Meredith's Bill on the same
subj( ct made no provision for preventing the mistakes which were
a real ground of complaint, but proposed a useless re-afiirmation
of section 40, which had never been repealed. His Bill, which
was rejected by the House, is as follows :
No. 171.]
BILL.
[1890.
An Act respecting Separate School Supporteia.
WHEREAS every ratepayer ought to be by law prima facie a publio
school supporter and no one should be rat.ed as a Homan Catholic sep-
arate school supporter unless he by his own voluntary net declares his inten-
tion to be a supporter of separate schools in accordance with the provisiona
of the law ;
Theref()re Her Majesty by and with the advice and consent of the Legis-
lative Assembly of the Province of Ontario, enncts as follows : —
1. Notwithstanding the provisions of any act or law to the contrary, no
person otherwise liable for public school rates shall be exempt from the pay-
ment thereof or be liable for the payment of rates in support of a Roman
Catholic separate school unless he shall have given the notice provided for by
section 40 of The Separate Schools Act.
ft. It shall be the duty of the clerk of the municipality in preparing the
collector's roll thereof to place in the column of public school rates, the rates
of every ratepayer who shall not have {m thoin, at the risk of loss of seaLs and iiifluence, thvir
uow recogniaod rights. It ill became the Couiniisaioner to accuse the bon.
member of West Toronto of being hostile to the Separate School system, and
liy attempt to make out that this alle^^ed feeling was shared by the Oonserva-
'ive party. It was the leader ot the Govornmont who had been hostile to it,
id had voted against the concession of the right to have Separate Schools.
While he recognised the right of the Oatholios to have Separate Schools, ha
did not see why no attempt should be made to improve the system. The
Cottiinissioner said that the Bill must be rejf*cted because of the speech of
the mover. According to him, a Bill was to be rejected, not on its merits,
but according to the speech delivered by the mover. He knew nothing ot
tho state of Separate Schools in Toronto, but so far as London was concerned
he believed they were well conducted. He did not favor forcing the ball t
system upon the Separate School supporters if they did not want it, but le
supported the proposition to extend the billot to the Public School elections."
In 1886, he acquirsccd in the ballot for Public Schoob, but
made no request that the same principle should be applied to
Separate Schools. Now he is exceedingly anxious for a com-
pulsory ballot in both Public and Separate Schools, even with-
out evidence that a respectable minority desires it in either ca.se.
Inspection of Separate Schools.
Under Dr. Ryerson the Separate Schools in rural districts were
inspected by the Public School Inspectors, and in cities, towns,
and incorporated villages, were inspected by the High School In-
spectors — and for this purpose an additional High School In-
spector at an annual expense, including salary and travelling ex-
penses, of about $2,500 a year, was appointed. In 1882 this
system was abandoned and an Inspector appointed specially for
Separate Schools. As the work was too laborious for one In-
spector another was appointed in IhS* ; the salaries of both, in-
eluding travelling expenaes in 1889 were $4<,268. It is said that
an injustice is done to the Province by making the salaries of
the Separate School Inspectors a charge upon the public revenue,
while in the case of Public School Inspectors one half is a charge
•ipon the public revenue, and onti half upon the county. More-
ver, it is said that in cities and towns separated from the coun£y,
[Qe whole of the salaries of the Public School Inspectors is paid
out of the local revenue, and there is no just ground for charging
the salaries of the Separate School Inspectors upon the Provin- *
cial treasury. The answer to that is (1) City Inspectors are ap-
ointed by the trustees without reference to the Government.
. hv should they not be paid by the authoritias appointing
t '.m I (2) The Province pays towards Public School inspection
! 1
VM
THB MOW AT GOVERNMKNT.
the BUin of $35,890 annually. This sum is a chat^o upon tho
whole Province, Catholica as well ns Protestants. InspcctorH are
also paid an equal amount from the county rates which Is a
charge upon ProtostantH and Catholics alike. If, therefore, the
Catholics of the Province, representing one-sixth of the popula-
tion, are taxed $7^750 for tne salaries of Inspictors whose ser-
vices are not usud for inspection of Separate Schools, there is no
injustice in taxing tire whole Province $4,208 for the salaries of
Separate School Inspectors, although their services are only used
in the interests of Separate Schools. (3) When Separate Schools
were inspected under Dr. Ryerson, by the High School Inspect-
ors, their salaries were a charge upon the revenue of the Pro-
vince, so that as a matter of iact there is no change in the prin-
ciple, the change is merely in the name of the officers employed.
(4) So long as Separate Schools are denominational it is but
reasonable that the Inspectors of the same denomination as the
school will get the confidence of teachers and trustees more fully
than would Inspectors of a different denomination whose advice
when justly tendered might be regarded with sus|)icion and dis-
trust.
TUB TEXT BOOK ^ilJESTION.
The following statement shows the Readers authorised in the
schools of the Province since the establishment of the school
system :
The Irish National Readers, authorised 27th October, ISio;
The Canadian Readers, authorised 4th January, 18C8 ;
And the Ontario Readers in 1884.
Two series of Readers were authorised in 1883, but were intro-
duced into only a few schools, so that practically there were only
two changes made in the Reading Books in the Public Schools of
Ontario since 1846, viz , one by Dr. Ryerson, and the Ontario
Readers by the present Minister of Education.
Text Boohs authoHaed by the Council of Public Instruction.
On the 31st December, 18G7, the number of text books author-
ised in the Public Schools of Ontario was 25.
Additional books authorised in 1B68 6
«• ♦' " 1869 3
" " " 1870 3
. *» " •' 1871 13
«* «' '< 1872 1
« " " 1876 15
Or a total in six years of 41
pon tho
itorH are
ich Is ft
ore, the
po{»ula-
1080 ser-
sre is no
laries of
Illy used
I Schools
Inspect-
the rro-
tho piin-
mployed.
t is but
m as the
lore fully
96 advice
and dis-
A in the
le school
ire intro-
?ere only
jhools of
Ontario
'uction.
author-
THE MOW AT QOYRKNMENT. 129
Bo«^k8 Htruck off during the same period by the Council of
Public Instruction, 19.
Text Books authorised by Mr. Crooks.
In 1877.. 17
Inl878 «
In 1879 .• 4
Inl880 3
In 1881 2
In 1882 4
In 1883 a
Or a totalin teveu yean of .' 34
L^Text books struck ofT by Mr. Crooks, 36.
Books added since 1883.
In 1884 '. 1
In 1885 2
In 1886
In 1887 16
In 1888
lnl889*
Inl890
Or a total in seven yean of 19 *
Great Diversity of Text Boolcs.
In the Public Schools of Ontario there were on the 31st of
December, 187o, 5 5 authorised text books, in the 24 subjects in
the five forms df the Public School course, and on the Slst of
December, 1883, 53 authorised text books covering 15 different
subejepts of study. In some subjects the number authorised was
to great as to be confusing to pupils and parents. For instance,
there were authorised in Grammar, 11 text books; Arithmetic, 4
text books ; Geography, 9 text books ; History, 5 text books.
The numberirauthorised on the Slst December, 1889, was 19, in
eleven subjects of study.
Owing to the constant changes of teachers and the capricious-
ness of many members of the profession in regard to text books,
one geojTfraphy or grammar was often set aside and another intro-
duced into the school without any substantial educational benefit
* Kea^
^m.
V 1-
1889. 9
Cost of Text-Books.
^ The following comparison of the size and cost of the Readers
submitted to the Department in 1883, and the Ontario Readers
now used may be instructive : — '
' Pftges. Cost.
Gage's 752 $1 31
Royal.... 972 I 60
Royal Canadian..., 955 180
Ontario Readers 976 1 35
The average price of the throe series discarded is S1.63 ; the
price of the new series if $1.35, shewing a difference of eightoen
cents in favor of the new series.
THE MOWAT GOVERNMENT.
131
School Act
n upon the
riodel School
thorised text
iteea and tlifi
ig of a school
en.'
(44 V.
f text bookb
each subject
V. all change
pedient.
eni when we
the Province
5t four forms
loer of pupils
,307.
iw limited to
shows how
use of text
-.•■'(..
lof
Ihe
14
f6. 18
k 17
h. 9
the Readers
irio Readers
S1.53 ; the
of eighteen
Comparisons with American and English Readers.
Pages. Price.
Wilson Series. 911 ^1 79
Sheldon's New York . ...890 1 92
Swinton's 922 1 80,
Appleton's 694 1 72
McGuffey's, Cincinnati. .066 1 39
Barnes' New Reader 894 1 76
Lippincott's 818 1 67
Collins' (English) 694 1 22j^
Collins' (Progressive). ... 692 I lOi^
Ontario Readers 976 1 35..
A7
Arbitration.
t.ii
Under the agreement with the publishers, the Education De-
partment has the right to submit to arbitration every book on
the authorized list in order to ascertain if any reduction can be
made in the price of publication while leaving the publi.shers a
reasonable profit. So much had been said with regard to the cost
of text books that the Minister of Education felt it to be his duty
to act upon that clause of the agreement authorising the arbitra-
tion.
On the 27th May, 1889, the Minister of Education appointed
James Bain, jr.. Librarian of the Public Library of the City of
Toronto, as arbitrator on behalf of the Department ; the publish-
ei^ appointed Richard Brown, jvholesale book manufacturer, and
the Chancellor of Ontario, appointed His Honor Edward Morgan,
.Junior Judge of the County of York, as third arbitrator.
After a session of fourteen days, and the examination of 21
witnesses, the^arbitrators reported as follows :-- « «kt.')«
Having fully weighed and considered all the evidence, vouchers, allega-
tions and proofs laid before us under oath, touchinij the matters referred to
us, and having heard the parties by their respective counsel, hereby make
and publish our award of and concerning the matters no to as referred as
follows • —
1st. As to the books published by the Canada Publishing Company we find
tutd award and determine as follows : —
The Public School Arithmetic is published without profit, and the present
retail price is therefore not excessive.
The Pubmc School Grammar is published without pro6t, and the presen-
retail price is therefore not excessive.
The Public School Qroorai-hy realizes to the publisher a fair profit, but
one which we do not consider excessive, and therefore do not consider
that the retail price thereof should be reduced.
■• I-
13^
THE MOW AT GOVERNMENT.
i i
M
»
The Public School Mut'io Rbadbr realizes to the publisher;.a fair bnt net
exotiSBive profit, and the retail price should not be reduced.
Thb Uioh School Music Rkadeb realizes to the publisher a fair profit, and
the retail price cannot be fairly reduced.
Thk Hioh School Grammar. — The capital account on this book is aa yet
unrealized by the publisher, and the profit on estimated future sales
after the capital account has been wiped out will not be excessive, and
the retail price cannot be reduced.
Thb Hiau School Gbooraput. — The publishers realize on the sale of this
book a very fair profit, but not in our judgment an excessive one so as to
call for a reduction of the retail price, the more especially as on some of
tho hooka of their authorised series a loss is being sustained by them.
Thb Orthokpist. — The profit on this book is merely nominal to the publish-
ers, and is far from being excessive. The retail price should not be
reduced.
Elements or Aloebra. — One-third only of the capital account has as yet
been reaHzed by the publishers and upon estimated sales for the next
three years at the end of that time it will not be wiped out. This shows
that the book is being published without profit, and that the retail price
mii^ht be increased itnd not reduced.
Hue's First French Book. — This book is being published at a loss to the
publishers. Price is therefore not excessive.
Willia-ms' Composition and Practical English. — The publisher's profit on
this book is fair, but not excessive, and does not call for any reduction
J*- in the retail price.
2nd. As to the books published by the Methodist Publishing Company we
find, award and determine as follows : —
McGuirl's P and G Drawing has so far been published without any profit,
as the capital account is not yet nearly realized, and at the estimated
*' sales for next three years it will noc then be realized. Profit therefore
- not t-xcHssive, and retail price might be increased rather than reduced.
fliQH School Algebra. — The capital account is not nearly aa yet realized,
and at estimated sales will not be fully realized at end of next three
years. 'J his shows profit not excessive, and that retail piice should not
be reduced, but if anything increased.
3rd. As to the books published by the Grip Publishing Company we find,
award and determine as follows : —
The EioH School Dkawinq Course has been so far published at a large
profit to tlie publiahei's. The capital account has been extinguished and
a fair profit besiiles returned to the publisher, and in the future the profit
will be excessive on estimated sales. The retail price of this book as now
establiahed should theroforo be reduced to fifteen cents, which would
yield a fair and roasouablo profit to the publisher.
Ptibmo School Temperance. — The capital account of this book has not been
realized, and at estimated sales will not bo tealized at end of three years.
The profit is clearly not excessive, as there will be a loss on the book at
end of tl>ree years. The English pi ice of this book is two shillings stei'-
Lug, and tlie pubiishera ask thxt retail price be inortaaed, whicli roquoat
we think may fairly be graiitwd.
4tk. At to the books publiahed by tbfl Bose Publishing Company, we find,
an»rd and dstenuine as fttUons ;■—
»•■
fair but net
r profit, and
ok is as yei
future sales
cesaive, and
sale of this
one so as to
on some of
by them,
the publish-
3uld not be
b has as yet
lot the next
This shows
I retail price
1 loss to the
r'a profit on
y reduction
/ompany we
; any profit,
iti estimated
tit therefore
reduced.
'et realized,
f next three
should not
ny we find,
d at a large
i(uished and
re the profit
»uk as now
rhich would
las not been
three yearn,
the book at
liliiu^sstev:-
lich rtiqueit
ay, wo 6nd,
THE MOWAT OOVEHNMEKT.
J«8e of the last named Took Th^''-'^^^ f»«t» are the .an. •
»1.00 as against »l 75 *?„ 7 ^^e profit ia not 7,« • ^^® ** "» the
capital account tk ^rr^^^^w book is aJ«o .« . ,
^Ih. A. to the book, „„L t Ti' ''"""iiau aulhoK „f ' "S""" ««
•»d determine a» fofc^""'" "^ W. J. q,^, ^ ™«^ P"^-
fe-rB^r-^^^^^^^^ -—...a.
»-da d ,,.^.^boo|.. pjbW d^ ,, ,^, ,^^,^,^ ^^^^ ^
rUBuo School HxsTiiwv ..., u ., ; "'l'*"? we find,
H'oa School B^„,,„„ ,,;„^
Pnc. of th».e books'^ houM",™!"™ P~6» t" ;•- oThr l^'P""' ««"«
H.OH ScHvo. Bo„..„ J,^'' """ ""•"'»« be red „"oe^a'; ''''"'"• The ret^!
This book has had a f-
'ti^-i'
I
134
THE MOW AT GOVERNMENT.
I-' -I
'.i
!
X\
r
\- !
1, ' !
" : i
!
.' 1
' ^ ■'
!,
' i
[,
H ■
i
I .
■
1
1
';
i
'4 ■.
7th. As to the books published by Warwick & Sons we find, award and
determine a& follows, namely : —
Baldwin's Aht of School Manaormbnt, akd
HoUOHTON's PhYSIOAI. Cui.TUBB.
We find that the capital account of these books respectively has not been
realized on the number of books published to date, and that the profit on
these books has not been and will not be excessive, and that the retail
price should not be reduced.
With respect to the Canadian Pubho School Drawing Coubsb in five
books published by the Canada Publishing Company and the Kindbbqartbn
Dbawino Books published by Selby & Company, and which are not included
in and covered by the agreement of reference above recited, but as to which
we were requested by the Minister of Education and the publishers to en-
quire into and repeat on, we hereby report as follows ; —
Thb Canadian Drawing Course.
We do not thin'k the price ten cents as originally fixed was at the time ex-
cessive I^esause the capital account of the books was about $3,500 and
the sale for the first three years somewhat limited. Now, however, that
the capital account has been paid off, the profits at ten cents per book
would in the future be excessive. 'JThe price has been properly reduced
to six cents per copy, which price wUfiyield the publisherSjOnly a fair and
reasonable profit. Had the price been reduced at an earlier date the
I, publishers might have bad just ground of complaint against the Depart-
ment. At five cents per copy the books would be published at a loss.
The Kindergarten Drawing Couksb.
We find that owing to the large amount paid for copyright, and this bbok not
being on tha compulsory authoristd list and its sale having to be pressed
so as to introduce it to the rural schools, it only having been introduced
about a year, the price at which it is now sold is not too large and that
the profit realized by the publishers is not excessive.
An examination into the prices charged in the United States for school
books of a kind almost identical with those forming the subject of this refer-
ence has satisfied us that the prices of Canadian school books are far below
the prices obtained in the United States, and that theEducatisn Department
of Ontario has exercised extreme care in dealing with each book as to the re-
tail price thereof so that the public have obtained the books at lower prices
than could have been obtained under any other system than the system of
authorization nqw adopted by the Department, siui this system while it fully
protects the public and secures low priced school oooks appears to be reason-
ably fair to the publisher.
Of the school books issued by American and Canadian piiblishers with
respect to which the differetice in price in favor of the Canadian book is most
strongly marked, may be mentioned :
Williamh' CoMPOsmoN. — Canadian price 50 cents ; American price 75 cents.
High Siuoot German Grammar. — Canadian price 75 cents ; American
price ^1.50.
HioH School Geographv. — Canadian wholesale price 7o cents; United States
wholesale priu«^ $1.10.
PuBi ic School Geoguaphv. — Canadian 190 pages, wholesale price 50 cents ;
United States 121 pages, wholesale price 70 cents ; and many others.
In view of thesp circumstances and inasmuch as many of the books referred
to us are sold at profits below what is usually obtained by the trade, the
THE MOWAT" GOVKRNMKNT.
135
trard and
not been
e profit on
the retail
18B in five
>EEOARTBN
>t included
ta to which
hers to en-
he time ex-
$3,500 and
)wevoT, that
tin per book
jrly reduced
ily a fair and
ier date the
the Depart-
at a loBB.
thi« bbok not
;o be pressed
p introduced
[rge and that
Lb for school
Uf this refer-
Cre far below
[Department
las to the re-
I lower prices
Ihe system of
■while it fully
fco be reason -
jlishers with
[book is most
|r ice 7 5 cents.
American
Inited States
[ice 5(> cenia ,
Vjy others.
looks referred
Te trade, the
flndersigaed would respectfully submit that if it ia deemed iuexpadiont by
the Education Department to increase the price of said books, the privilege
of publication now enjoyed by the respective publishera should not be dis-
turbed for at least one year from the date of this reference.
We feel it to bo our duty to the various publishers to mention that not-
withatariding the fact that many of the books in the Schedule have not been
yielding even fair prolits, all of said books,* especially the High School and
Public School geographies are up to a very high standard of exuellen6o as to
binding, typography, illustrations and other matters that go to the mako up
of a well published book and are fully equal in these respects to the school
publications in the United States and in the Mother Country.
In Witness Whereof, the parties hereto have set their hunds and seals
this Twenty seventh day of May, A. D. 1889.
(S«d.) RicHD. Brown,
" James Bain, Jr.,
" E. Morgan.
Witvejss :
(Sgd.)
J. R. Miller.
Objection to ArhUraiion.
Objection was taken to the arbitration on the ground that the
public and the press were not admitted while the evidei.ce was
being taken, and a motion was made in the House last session
asking for copies of the evidence. In reply to an enquiiy made
by the Minister of Education respecting the mode of coi ducting
the proceedings, the following letter wa^ received from the arbi-
trators :
ToKONTo, February 27th, 1890.
The Honorable G. W, Ross, Minister of Education, Toronto:
Dear Sir, — In reply to your letter of to-day respecting the recent school
book arbitration, we may say that on the opening of the arbitration it was
suggested on behalf of the various publishers concerned, that it was a con-
sent arbitration in which all the publishers joined so as to save expense and
have one award covering all the books : that the evidence to be given, on
which only we could come to a just conclusion, would involve a disc i sure of
the private bu sines* affairs of each publishing house — at any rate so far aa
the publishing of these books was concerned, and that it was not desirable
that the respective publishers should be let into the business and trade secrets
of each other ; and it was urged that the evidence taken by us on these
points as to each set of books should not be made public and communicated
to the publishers at large, but be merely for our information as arbitrators.
This was assented to on behalf of the Minister of Education, and the evi-
dence was so taken, each of us making his own notes thereof. These notes
were not preserved by us after our award was made.
We are of the opinion that this method of conducting the arbitration
resulted in our obtaining from each publisher and the various expert wit-
nesses called, evidence of a much more full, frank and exhaustive character
than we could have obtained if the enquiry had been conducted in the
presence of all the publishers and witnesses and the general public, and so
enabled us more SMScurately to arrive at the conclusion whether or not an ex«
l! :K
'■¥^-'
'Pi
-' I !
13G THE MOWAT GOVKKNMENT.
I (
oeuive profit was beiD(;r realized by any publisher on any of the books under'
consideration. We have the honor to be, etc. ,
(Signed^ Jajheh Bain, Jr. ]
f Signed) Rich'b Bkown. > Arbitrator:
(Signed) Edw. Moroak. )
• High School Text Books.
The first list of authorised text books for Grammar Scliools
was prepared in 1855, and consisted of 87 books. Amendments
were made to this from time to time, so that on the 31st Decem-
ber, 1875, the list ccnr'^^ed of 80 books. Various additions were
made by Mr. C"oks, *4,id on 31st December, 1883, the list con-
sisted of 131 books. Additions and eliminations were made since
that date, and on 31st December, 1889, the list corsisted of 55
books unconditionally authorised. The text books conditionally
authorised dropped out on the Ist July, 1889, unless extended
by resolution of the '^'-zrt'^.c'^ adopted prior to that date.
Foli I, '.'■' ^h'S Lefartment.
Since 1883 tho Education T-ipaitment has labored assidu-
ously to consolidate ii- i-r,Q tex-o -•ok every sub-department of
«aeh subject in the course ol ^^'v^y, , vriev to reduce the expense
to the pupils. The following suii-er- :• shows the number and
cost of the books used in the same subject in 1882 and 1889 : —
1883. 1889.
Reading 3 books cost $1 85 1 book cost % 60
Orthopy and Spelling. 3 " "2 30 2 " " 100
History 2 " " 95 1 " " 35
Geography 2 " "126 1 " ♦' t 00
Arithmetic 2 '* " 1 m 1 " " 60
Saving in the First Foi^m.
Without giving details as to each subject, the reduction in the
number of books required for the first form of High Schools alone
in 1883 and 1889 respectively, effected the following results :
Cost of Text Books.
1883. 18e9.
Reading f I 85 $ 60
English Composition 1 00 50
Orthoei y and Spelling 1 30 50
History 95 85
Geography 126 100
Arithmetic 1 60 60
Algebra 90 76
Commercial Course 1 60 0|6
Drawing 1 CO 75
Physics 1 60 1 00
Botauy 125 100
514 10" $7 60
THE MOW AT GOVERNMENT.
137
I under'
ator».
Scliools
idments
Decem-
ns were
ist Con-
nie since
;d of 55
itionally
?xtendetl
i asaidu-
•tinent of
3 expense
iiiber and
1889 :—
60
1 00
35
I 00
60
Ion in the
>ol8 alone
ilts:
ts.
JO
i)0
)0
i5
Total saving' in First Form amounts to $6.50 per pupil. No. of
pupils in First Form in 3888, 13,403. Total saving in Fust Form,,
387,509.
Saving in all the Foiina.
The following table shows the amount saved to the pupils in
each subject in all the forms of the High Schools on the basis of
attendance in 1888, as the result of consolidating text books and
reducing prices, that is, providing every pupil purchase one book
in each subject :
8i>1>ject8. No. of Pupils
in Subject.
Reading ..16,3^
Composition and Orthoepy 17,603
History : 17,610
Gtography 17,518
Arithmetic 17,430
Algebra 17,319
Tkigonomotry 887
Oommercial Course 12,336
Drawing 13.327
Chemistry 3,181
Physics ' 6,676
Botany 5,234
Greek.... 1,126
Latin 6, 1*62
French 6,616
German ^.^ .v 1,662
Total eil2,703
' G(ytnj>arifion with the United States.
Previous to 1883 several of the text books used in the High
Schools were imported from the United States without any special
arrangement with the publishers. Nearly all of these books
are now produced in Canada. The following statement shows the
prices in Canada and the United States : —
• iff
United States Authorised
■ (
Saving pwr
Amount
Pupil.
Saved.
ei 25
I?20,487
1 30
22,884
CO
10,«ti6
26
4,380
1 00
17 430
15
2,698
26
222
96
11,719
26
3,382
75
2,885
50 .
2,838
26
1,308
1 76
1,970
1 50
8,943
13
860
60
7,81
pnoe.
Ayres' Orthoepist $1 00
Ayres' Verbalist 1 00
Structure of English Prose 1 75
Harkness' Latin Grammar 1 50
McKay's Elements of Euclid 1 25
Allen & Greenough's Latin Grammar 1 50
Leighton's First Steps in Latin 1 50
Goodwin's Greek Grammar 2 26
White's First Lestions in Greek 1 60
High School Physics 1 50
Eigh School German (}rammjir . . . . 1 50
Baldwin's School Maiiageineiit 1 60
price.
9 35
35
00
00
75
00
00
25
00
00
00
75
1
1
1
1
1
1
1
- 1
188
THE MOWAT GOVERNMENT.
i !
To Encourage Canadian TeaeJiers and Manufacturers.
In 1883 only 1 9 of the 53 text books used in our Public Schools
were exclusively the production of the teachers of the Province ;
now, with the exception of the temperance text book and those
used in French and Grammar Schools, all aie produced by our
own teachers or under their own supervision. Of the 53 text
books on the Public School list of 1883, six were imported. Now
*very text book in the Public School list is manufactured in On-
?tario.
Of the 131 text books in the High School list the same year,
81 were imported already manufactured, and two were imported
in sheets. Of those added since, all are produced in the Province
■with the exception of seven.
Extracts from the Minutes of tJie Council of Public Instruction
with regard to the Text Books used in Separate Schools.
Council Room, Education Office, May 19, 1875.
The Council met pursuant to notice at 3 o'clock p.m., the Very Tteverend
H. J. Grasset, B.D., in the chair.
Present : — The Chairman ; the Chief Superinlendent of Education ; the
Rev. .1. Jennin'gs, D.D. ; His Grace the Most Reverend J. J. Lynch, D.D. ;
the Honorable W. McMaster ; H. M Deroche, Esq., M. P.P. ; James Mac-
lellan, Esq., M.A. Q.C. ; the Very Reverend W. Snodgrass, D.D. ; the Rev.
J. Ambery, M.A. ; the Rev. S. S. Nellea, D.D., LL.D. ; the Rev. Bishop
Carman, D.D. ; Daniel Wilson, Esq., LL.D. ; Goldwin Smith, Esq., M.A.
"(12). Ordered
That the Council liaving laid down a principle which precludes the intro-
duction into the Text Books used in Public Schools of religious dogma op-
posed to the tenets of any Christiati denomination, and having removed from
thosr. Text Books everything which had been pointed out to them by the
Roman Catholic Archbishop of this Province, as offensive to the feelings
of itoman Catholics, think it also right to state what they conceive to be their
duty with regard to the Text Books to be used in the Separate Schools.
With regard to these books, the Council do not consider themselves respon-
sible for any statements of religious doctrine, or for any expression of religious
feeling, nor will they interfere with anything to which those terms may be
fairly applied ; but they consider themselves responsible for the historical
veracity of the books, and for their consistency with civil duty, and the con-
cord which ought to prevail, and which it is one object of a system of public
education to promote, among all classes of Her Majesty's subjects."
k'
Schoola
rovince ;
id those
I by our
> 53 text
i. Now
1 in On-
,rae year,
imported
Province
struction
tools.
19, 1876.
y Reverend
cation ; the
rnch. D.D. ;
James Mac-
. ; the Rev.
Lev. Bishop
Eb.!-, M.A.
IS the intro-
dogma op-
moved from
;hem by the
[the feelings
to be their
,te Schools,
[ives respon-
of religious
[rms may be
je historical
,nd the con-
im of publio
THE MO WAT aOVEIlNMENT.
TUG TORY MANIFESTO.
139
J
"FACTS FOR IRISH ELECTORS" IN 1883. »r
PROOF OF ITS AUTHENTICITY.
Ajffidavit of the Author.
The following is a copy of the affidavit of M. W. Kir wan, set-
ting forth that the pamphlet called " Facts for Irish Electors" was
prepared and revised by W, R. Meredith, Sir John Macdonald
and C. W. Bunting, prior to the General Election of 1883, where-
in an earnest appeal was made to the Irish Catholic Electors to
support Conservative candidates on account of the liberality of
the leader of the Opposition, and alleging that they should
oppose the Mowat Government on account of their ultra-Protes-
tant leaning.*
AJ^davit of M. W. Kirwan.
" I, the undersigned M. W. Kirwan, of the City of Quebec, and
presently in the City of Montreal, solemnly affirm as follows :
" I am a journalist.
" When in the City of Toronto in the year 1882, I was shown
a letter from Sir John Macdonald, Prime Minister of Canada,
addressed to a prominent Conservative friend of mine, urging the
desirability of securing my services as a writer of campaign litera-
ture for the Conservative party during the approaching Ontario
Provincial Elections.
" The letter was an autograph one.
*' I was accordingly engaged by H. H. Smith, of Peterborough^
the organizer of the Conservative party for Ontario.
" My salary was to be SlOO a month. The understanding was
that I should assist the Conservative party by special ap-
peals to the Irish Catholic Electors.
" Sir John Macdonald and Mr, ]|lere«lith, the leader of the
Opposition in the Ontario Legislature, were aware of the agree-
ment. •
" I accordingly began to write an appeal to the Irish Catholics
of Ontario.
*Gopie» of •* Facts for Irish Electors^* can be procured from W. T. R. Prta^
toii, Qe''^eral Secretary Reform Association, Toronto.
HI
I i
n\o
XBE MOWaT qoyermient.
"I wrote the sheet • FiictH tor the Irish Catholic Efootors,**
extracts from which have recently appeared in the Globe, of
Toronto.
•While I was preparing it, I had, occasionally, to make inquir-
ies &H to the lisituro and scope of my work from Jllr. Mere-
■ dith, to whom I had always eid they take an aotive part in the oontest, and if so, how 7
8. What reason!, if any, do the Oathulio eleoton give for supporting Mr.
Mowat ?
9. Mave you any sutrguiitions to make as to the bast means of putting the
Ooiisurvative cause fairly hufore tho Oatholic eleotors ?
10. Give the names of a few of the most influuntial Calholios in your
riding '
11. Send a complete list of the OathoHo electors in your riding, with names
and addroHses.
12. Otili^e by returning this list at once, and the reply to question eleven,
as anon aa poanible.
13. Name of riding.
"Those questions were also siibmftteil to Mr. Me'*e<1ith
and a]>proved by him. It ifa.^, to the best of ray recollection, on
his suggestion that the auswers were directed to bo sent to H. H.
Smith, of Peterborough, although said circulars were mai'ed by
me from Toronto. My salary was regularly paid by Mr, Smith
during this time, and for several months while I was oanvfissing
and adlressing meetings of the Irish Catholic electors of Ontario.
" And I make this solemn declaration, cotiscientrously believing
the same to be true, and by virtue of the Act passed in the thirty-
seventh year of Her Majesty's reign, entitled * Au Act for the sup-
pression of voluntary and extra judicial oaths.'
" Solemrdy tilfirmed before me at Montreal,"'
on this fourth day of December, A.D. 1880.
W. A. Weir, ^ Vm W Kihwan "
A Commissioner in Quebec for .receiving afli- j * *
davits for Ontario |
181 St. James St., Montreal. J
the last
▲ NEW PARTY.
There is another interesting document to hand, which also, in
a very striking manner, shows the treaciiery of its promoters.
It deserves a place beside the formulas of the " New Party " and
the ** Equal Rights Party," botli of which, though professing en-
tire independence of the existing parties, and opposition to both,
and tlnugh apparently not actuated by common motives and
interests, seem to be at one in the opinion that the Mowat Gov-
ernment should be turned out because Sir John Macdonald re-
fusi'd to disallow the Jesuit Act ! The late election in West
Lambton, and projected ones in the coming contest, prove this
i;!
U2
THE MOWAT aOVBRNMF.NT.
fact beyond much controversy. But here is an organization which
wants to do the same thii g under a diflbrent namu and line. It
calls itself by the pretentious name of "The Ontario Educational
Reform Party." The fact that the notorious Big Push Wilkinson,
of the recent " Brood of brawling bribers," is one of the organiz-
ers and leading lights of this organization will not secure for its
proposals the confidence and support of the good men and true to
whom it appeals. Hei« is the sclieme as outlined by the Secre-
tary of the organization in letters addressed to prominent electors
throughout the Province, or which the following is a copy :• —
H,
Toronto, 9th August, '80.
" Dear Sir, — 1 have been instructed to write to you by our party.
'* W9 have formed a party upon the enclosed platform, to be known as the
Ontario Educational Reform Party. The party is to work exclusively in
Provincial pulitics. The purposes are : —
" (1) To neutralise the Oatholio solid vote in the Legislature, and thus dis-
enthral any party from its control and influence.
" (2) To reform the school laws in conformity with the platform.
"The mode of accomplishing this is to run independent caudiuatos in about
thirty ridings in which Mr. Meredith's party cannot win, thus securing, say,
half that number of seats from Mr. Mowat's side, and so secure the balance
of power between the two parties, and be able to dictate terms to them. By
not opposing Mr. Meredith in the ridings that he can oavry we can get a solid
Oonservative vote, and our platform wul bring us enough ultra-Protestants
to win the election.
*' There is no advantage to us in winning from Mr. Meredith, as his is the
smaller side, and the more he gets, the less we will need to get to give us the
balance of power.
"The party is not seeking for power or to reform a Government, but only
to become the balance of power.
" We find that you stand in such position in your riding of that if '
you were to name the candidate on this platform you could win easily and
without a peradventure. You could get the solid Conservative vote, for they
v)ould not bring out a candidate, and you would get your personal friends,
lieformers, and the ultra- Protestants who would rather vote against
than have Catholic rule.
"A requisition circulated by your filouds would commit enough Ee/ormert
to you, before you accepted, to make ^our election an assured fact.
" We will be glad to have your views upon it, and will be happy to give
you any further information that you may desire. Your correspondence will
be strictly confidential, as we hope ours will be with you. Be assured we
are going to win in the next election, which may come oft this fall, for we
are meeting with the utmost encouragement from every quarter. When we
get a little further, along and tlie leading citizens return from their summer
holidays, we are going to hold a large public meeting in the city, at which we
would like to have your presence on the platform.
'^ Your obedient servant,
»'H. J. BOSWELL. ^
•• Sec of the O. B. R. P.
'* 29 Adelaide Street East"
o give
36 will
ed we
'or we
n we
mmer
ch w*
P.
THE MO WAT OOVKRJNMENT.
TUi: TORY PLATFORM
AND
MR. MOW ATS REPLY.
143
At the last sitting of the late Session of the Legislative As-
sembly, the leader of the Oppositiou, Mr. Meredith, introduced
the following resolution as an amendment to the motion to go
iuto Committee of Supply. The hyprocisy of the Opposition
---« exposed by the Attorney-General in the brief debate that
jwed in such a trenchant manner that it has been coiiaidered
cUvisable to insert the summary of his speech as it appeared in
the published report of the proceedings of the House with some
alight verbal corrections :
Mr. Meredith's Separate School Platforvi.
Mr. Meredith moved on amendment to the motion to go into
supply : '
"That this House doth declare that the rights guaranteed by the B.N. A.
Act to the supporters of Separate or Dissentient Schools are civil rights ap-
pertaining to then) as citizens, and that the assumption that y Church
organization or body or the Bishops, priests or ministers thereof are entitled
t'" control the ratepayers in the exercise and ei)joyment of such, his indi-
lal right, or to command obedience to its or their «5irt'ction by them or
>e trustees of any such schools, in the exercise by tiiem of such rights
« performance by them of the duties delegated to the^ i by the State, is
wholly unwarranted and dangerous to the State and oi i, to be i sis ted,
and this Bouse doth further declare that it is within the constitutional
rights of the Legislature, through the Department of Educat'on, to regulate
such schools and particularly to prescribe the text-books to be used in them,
and that the said Department ought in the exercise of that right to make
provisions regulating the text-books to be used in the said schools, except
those employed in giving religious instruction when and whdre such in-
struction is permitted by law." , i>
. « Mr. Meredith said that one of his main reasons for his bring-
ing forward this amendment was that the Attorney- General had
last session stated that he did net believe the Government had a
right to deal with the question of text-books in Separate Schools,
and that this session he had told the House he was mistaken.
The rest of the resolution referred to a matter which he had al-
ready discussed in the House, the j)08ition of certain of the
Roman Catholic hierarchy in connection with Separate Schools.
Hon. Mr. Mowat said that as regards text books in Separate
Schools, what he had said last year as to the power of a Provin-
'i.
yt
/
14i
THB MOW AT GOVERNMENT.
\
* '
It- i
1 'j
\\-i"'i
cial Government to dfeal with those text-books, was that he was
not then " {)repared to say" thai a Provincial Government had such
a power. The point had then been sprung upon the House on
a motion against going into Supply. He had not had occasion
to consider the question previously, and was therefore not " pre-
pared" then to aiiirm that the power existed. That this was so
appeared from every newspaper report of the debate which he
had seen, and although in some of the reports some additional ex-
pressions of a stronger character were ascribed to him, this had
arisen' from a misapprehension of the reporter in condensing what
he said. He had not been "prepared" last session to say that the
Government had jurisdiction over text liooks for Separate Schools.
He had considered the subject to some extent since, and was of
opinion that such a power oxisted in regard to some classes of
text books and not in regard to others, and it was extremely diffi-
cult to draw the line between the two classes. There was a dif-
ference of professional opinion on the subject. The Public School
text books aie largely used in the Separate Schools, and the
use of them is increasing, but if he had been contemplating com-
pulsory legislation on the subject he would have thought it his
duty to bring the subject before the Courts previous to such legis-
lation. Mr. Meiedith's resolution, in amendment to the motion
of the Treasurer to go into Supply, precluded any amendment by
which the House could express what its exact views were. The
resolution was one of want of confidence, and was meant to be so.
The resolution had a good deal to say as to the hierarchy not
being entitled to control the ratepayers, and was intended to sug-
gest that the law as recognised by the Government gave to the
hierarchy such a power ; but the fact was entirely otherwise.
The law gave no power whatever in the matter to bishop or
priest. The legal power was given to the ratepayois and suppor-
ters of Separate Schools. Bishop or priest had no more
power under the law in the matter of Separate Schools
than a layman had. The degree of deference or obedience
which the Roman Catholic laity gave was for themselves to
choose, according to their sense of what duty or convenience re-
quired. It was not founded on any law of the Legislature. No
law had given it ; and if a Roman Catholic chose to render what
we might think an excessive amount of deference or obedience, no
law which could be made would prevent his doing so. Mr.
Meredith and all his party knew perfectly that nobody on the
Government side of the House would favour a law giving to bish-
ops or clergy any control over the laity. It must always be a
matter of voluntary choice on the part of the laity themselvea.
THE MOWAT OOVERNMKNT.
145
:, it his
h legia-
njotion
[lent by
The
be so.
hy not
to sug-
to the
erwise.
hop 01
uppoi-
moie
chools
dience
V88 to
Ince re-
No
what
ce, no
Mr.
on the
bish-
be a
vea.
Hon. Mr. Fraaer remarked that in his opinion it would hav(^
been more manly on the part of the hon. gentleman, the leader of
the Opposition, if he had brought forward a motion of the char-
acter of that now before the House in a diftorent manner. The
hon. gentleman had not done the bmvest kmd of thing in moving
as a want of confidence motion a resolution afi'ecting the minority,
as this did. In the British Parliament a motion of this kind
would have been given notice of, and the same practice ought to
rule here. The amendment was then voted on with the follow-
ing result : —
Yjeas. — Messrs, BIyth, Caldwell, Clnnoy, Craig, Croighton. CiiieBs,
French, Hiinmell, Hess, Hudson, liigraiu, Keanis, Less, Marter, Meacham,
Mereditli, Metcalf, Miller, Monk, Morgan, O'Connor, <.)atrom, Pieaton,
]{ irke, Smith (Frontonac), Stewart, Tooley, Whitney, Willuughby, Wood
(Haatings), \Vyli9_:U.
Nays. — Messrs. Allen. Armstrong, Awrey, Ballantyne, Bishop, Bkzard,
Chisholm, Clarke (Wellington), Conmee, Dack. Dance, Davis, Drury, D'y-
den, Evanturel, Ferguson, Field, Fraaer, Freeman, Garaoa, (.libson (Hairil-
ton), Gibson (Huron). Gilmonr, Gould, Graham, Harcourt, Hard), Leys,
Lyon, McAndrew, McKay, M:Laui»hlin, McMihon, Mack, Mackenzie,
Morin, Mowat, O'Connor, Phelj'S, Robillard, Ross (Huron), Ross Middle-
sex), Smith, (York), Snider, Spra^ue, Strattou, Waters, Wuod (Brant) — 49.
REPORT OF THE €09iniTtfiE ON I>IBLI€
Ail€0UAT8.
A charge having been made in the public press that improper
favoritism had been shown by the Education Department in the
distribution of Separate School grants, the (jueslnon was fully
investigated by the Public Accounts' Committee during the
recent Session of the Legislature. TJie allegations were
proved to bo without foundation, and tlie result of the deliber-
ations of the committee was embodied in the following report
upon the question, to the Legislative* Assembly ; —
The Separate School Syntcm.
" The Committee ascertained that, previous to 1880, there was a
larger average attendance at the Public than at the Separate
Schools in Ottawa, but that since that date thare has been a
trifling superiority in this respect in the 8e[)arate Schools as
compared with the Public Schools. In ISMfl the average attend-
10
4
^
146
THE MO WAT GOVERNMENT.
ance at the Public Schools was 3,260, while that at the Separate
Schools was 3,813. The witnesses account for this by the fact that
a Model School has been established in Ottawa, at which the at-
tendance is alraosc exclusively Protestant, and amounted last year
t ) 345, that a Kindergarten School had been opened at which the
attendance in 1889, almost if not entirely Protestant, was 54;
and that a Collegiate Institute, drawing its pupils from the Pro-
testant element, had an attendance of 314. The total attendance
in these various institutions is 713, which, added to 3,260, the
average attendance at the Public Schools, gives a total of 3,973,
or an actual superiority in numbers of children of Protestant
parentage and guardianship attending schools aided by Legis-
lative grants over the total attendance of Roman Catholic
children educated at Separate Schools in. Ottawa.
From the evidence taken it appears that the increase in the
average attendance at Separate Schools in Ottawa since 1880 is,
to a large extent, accounted for by an influx of French popula-
tion, the annexation to Ottawa of New Edinburgh and Rochester-
ville, increased school accommodation in the shape of new build-
ings, five of which, of a very superior character, have been built
within the past two years, and by the assiduity of the local
Superintendent, Father Rooney, and of two lady Directresses,
whose special duty it is to look up absentees from school, and to
urge more prompt attendance. This system of special supervision
exists, according to the evidence of Inspector Donovan, wherever
a Separate School is established, and undoubtedly tends to in-
crease the average attendance thereat.
The Word "Convent"
•' From the use of the word " convent " as a designation of the
building in which some Separate Schools are held, especially in
the case of Water Street School in Ottawa, and of others styled
convents in Renfrew and Lindsay, an impression has been made
upon a portion of the public mind that these schools are really pri-
vate convent schools, and improperly assisted from the Legislative
grant made for Separate School purposes only. An inquiry,
entered upon at the instigation of the hon. member for Grenville,
resulted in convincing the Committee that no Separate School is
connected with any private school. In the case of Water Street
Convent, in Ottawa, for instance, it was made clear, from the
evidence of the Separate School Inspectors and the Secretary of
the Separate School Board, that the building formerly known as
Water Street Convent has been rented by the Separate School
Boatd for ten or more years for Separate School purposes, that it
THE MO WAT GOVERNMENT.
147
contains six class rooms, which are daily used in the education of
Separate School female pupils, many, of whom are doing the fifth
form work of the Public School and are regularly prepared for
third-class examinations. All children attending this school
reside in the city with their parents or guardians, while the
teachers who are in Orders occupy some of the rooms in the
building. They have under their care an orphan child who
receives her education in the Separate School.
At Renfrew.
" At Renfrew there is a Separate School, erected in 1886, which
is styled a convent, but which is really a school building in
which there are class rooms for Separate School pupils and
residential rooms for the teachers. Six boarders are resident
with these teachers, but are not returned as Separate School
pupils. To this school female pupils only are admitted. There
is another Separate School in Renfrew which is used exclusively
for boys. The lady in charge of the girls' school styled it, in one
of her semi-annual returns, as " The Convent School." She lised
this title so as to distinguish her school from the boys' school, but
it was erroneous and misleading, had not been used previously,
and has not been repeated.
At Lint^say.
"In Lindsay there are two buildings rented by the Separate
School Board, in which are three schools, two of the ordinary
grades, and one, for girls, of higher grade, in which High School
fees are charged and fifth form work is done by the pupils. The
residential part of the building is styled a convent, and here live
a few boarders, less than ten in number, who, in one instance,
were returned as attending at the Separate School, but the error
was discovered, and the grUiit paid for ihem was deducted from
the next grant and the mistake lias not again occurred.
It was shown, too, that at Toronto, Chatham, Stratford, Guelph,
and other points, where convents and Separate Schools exist, no
returns of convent pupils are made as of children attending
Separate Schools.
The Public School System.
" Mr. Wilkinson, Secretary of the Toronto Public School Board,
stated ir. his evidence that it is not at all unusual for that body to
rent for temporary use Sunday School rooms connected with
• !!•
148
THE MOWAT GOVERNMENT.
churches, mission chapels or churches and society halla, and men-
tioned that a building which was also used &» an Orange Hall had
on one occajsion being engaged for a year or more for Public School
Snrposes. These buildings are usetl by the school authorities
oring achool hours only, and are available for church, mission
and society work on Sundays and for evening services. The
aTerr.ge rental. of these buildings, including fire and caretaking,
is $3C per month, and it is said that the expenditure is pi'otitabie,
inasmuch as school work is conveniently prosecuted while new
school buildings are being erected.
" Mr. Wilkinson further testified that the children cared for in
the Orphans' Home, Girls' Home and Boys' Home — all regarded
as Protestant institutions and supported by private charity and
aided by a Legislative grant — are returned as Public School
papils, and that the Legislative grant to the Public Schools of
Toronto is increased by such return. The children, it may be
ackied, are taught in rooms connected with the various institu-
tions in which they reside, and the Board of School Trustees
exercises no control over the various Homes, but supplies teachers
for the instruction of the children cared for therein, and furniture
for the school room.
" (Signed),
Charles Clarke, Chairman."
. 1 1
: ' ili
KG ORANGE I3f€ORrOR4T10N.
As misrepresentations continue to be from time to time made
with* reference to the Bill for Incorporating the Orange Society,
which passed in the Ontario Legislature in 187^i, it has been
thought proper to insert here the Attorney-General's report of
16th December, 1«S73, which shows the facts. It may be stated
that the Bill was brought in by a private member on his own
responsibility. The question of its passing was treated as an open
question. The Attorney-General favored the Bill. Every other
member of the Government was against it. The Lieutenant-Gov-
ernor reserved the Bill for the consideration and assent of the
Governor-General, as in other British Provinces Bills were and
are occa.sionally reserved for the consideration and assent of the
Imperial Government. The Governor-General was not advised
to give his assent, and the Bill did not become law. The report
tot forth the reasons for reserving the Bill, and discussed the
THE MO WAT UOVERNMENT.
149
aen-
had
:hool
rities
asion
The
king,
table,
i new
for in
;ar^ed
,y arid
School
aols of
nay be
astitu-
rustees
sachers
rniture
lan."
grounds on which the Dorainiori Government declined to assent
to the Bill. In the following session the Government introduced
and the Legislature passed a general Act, now R. S. 0. c. 172, for
incorporating societies, under which the Orange Association mij>ht
have had incorporation, but did not choose to do so. Many simi-
lar societies, however, have availed themselves of the Act.
The nndersigned has had under oonsideration the report of the late Min-
iiter of Justioe, Sir John A. Maodonald, dated 29th August, 1873, on the
Bills passed by the Legislative Assembly at its last session for the incorpor-
ation of the Loyal Orange Associations of this Province, and the Order in
Council adopting the said Report.
It appears that the Minister of Justice by his report, advised that the
Bills referred to should not be allowed by His Excellency the Governor-
General, because, in effect, the reservation of the Bills by the Lieutenant-
Governor was (as the Minister of Justice argued) unnecessary ; no express
instructions to reserve havin(^ been given, and the bills being such aa fell
within the juriadiciion of a Provincial Legislature to pass.
The refusal to advise the allowance of the bills, because their reservation
was unnecessary, was a course which had no precod Empire as »
whole.
Again, it was a matter of notoriety that a bill had bee,^ brought into the
Parliament of the Province of Canada in 1858, and been supported in the
Legislative Assembly by both the late Minister of Jastice and the under-
signed, and by many of the political friends with whom thoy respectively
acted, but was rejected by the Assembly without having been permitted to
go even to a second reading ; and the undersigned does not recollect that
from that time until the introduction of th^ bills now in question, like bills
were ever submitted in this country for legislative sanction.
It will be remembered, that the attention of the undersigned was not
directed to the question of the Lieutenant-Governor's duty in regard to
these bills until after they had been passed by t^e Legislativd Assembly.
The question being then raised and discussed, and the undersigned having
fiven to it his best attention, it seemed to him that to concur in advising the
lieutenant- Governor to reserve the bills for the assent of His Excellency
the C3Ternor- General, was the fitting course to take in view of the constitu-
tional consideration to which the undersigned has in substance referred, as
well as in deference, not only to the opinions of his colleagues, who had
voted against the bills when before the Assembly, but in deference also to
the advisers of His Excellency the Governor-General, and to the oonveni-
enoe of the parties whom the bills were designed to incorporate. The Do-
minion Government had the power of disallowing the Acts should the bills
receive the Lieutenant-Governor's assent ; and the reservation of them
would obviously embarrass the Dominion authorities less than subsequent
disallowance ; while, on the other hand, if the bills were, from the Domi-
nion standpoint, unobjectionable, the reservation need delay their operation*
\
THE MOW AT QOVEKNMENT.
1(1
but a few weeks ; the responsible head of the Dominion QoVemment being
a prominent member of the order, and not to be supposed adverse to the
bills, or solicitous to find reasons to prevent their becoming law.
In arguing that the reservation had been unnecessary, the Minister of
Justice suggested that the reservation of bills should be confined to those
wKicb the Provincial Legislature had no juribdiction to pass. But the
Lieutenant-Governor received no instructions to reserve even such Bills,
and to limit reservation to such bills had never before been the rule in
colonial practice. In the absence of either instructions or precedent for
such a restriction, it was impossible to advise the Lieutenant-Governor that
such a restriction should be his rule of action. Bills which the Legislature
had no power to pass, do not become law e\%i if they do re>-eive the assent
of the Lieutenant-Governor, but, on the contrary, and nutwithstanding
such assent, such Acts are absolutely null and void.
The undersigned has always been of opinion that the desire of the
numerous and respectable body of Orangemen to become incorporated,
ought not to be resisted, and that the objections to their incorporation were
not sufficient to maintain such resistance ; though, on that point, his col-
leagues and many of their friends in the Legislative Assembly took a differ-
ent view.
Such bills, whenever proposed, have no doubt, from historical memories
and other causes, excited extremely bitter feelings on the part of a section
of the population, but the hostile feelings with which such special legislation
is regarded, should not apply to incorporation under general incorporation
laws, the policy of which, as a check upon private bill legislation generally,
then ndersigned has alremly suggested for the consideration of the Executive
Council. AH parties rec Ignise the right of all men and all legal bodies to
equal advantages under tife general laws of the land, whatever these general
laws may be ; and, on the other hand, good subjects will not desire incor-
poration in a way olFeneive to any large class of their fellow subjects, when
iuoorporation is attainable by a method free from that difHculty.
Respectfully submitted,
(Signed) O. Mowat.
December 16th, 1873.
II
TnG BRIBERY CASE.
At the gervsral election of 1883 strenuous efforts were made to
defeat the Mowat Government, and by means ot a lavish and
illegitimate expenditure of money the majority supporting it was
considerably reduced. In the hope of completing the overthrow
of the Administration an unsuccessful attempt was made eaHy in
the session of 1884! to induce some of the supporters of the Gov-
ernment to vote against it. The attempt was renewed toward the
close of the session, and at length, with a view to the exposure
and punishment of the parties offering bribes, three members of
152
THE MOW AT GOVhlHNMKNT.
11 I
ilil
the Legislative Assembly — Robert McKim, \V..l). Balfour ami
Dr. Dowling — agreed to accept money offered to them as a cor-
rupt inducement to vote want of confidence in the Government.
The sum agreed upon was not actually paid to Dr. Dowling, owing
to the arrest of John A. Wilkinson, the Conservative agent in
tlie matter; but the sum of $1,000 whs paid to Mr. McKim, and
the sum of 8^00 to Mr. Balfour by the same Wilkinson. They
placed the money in the hands of the Speaker, who^ on the even-
ing of the 17th of March, |||id the matter before the Assembly,
and on motion of Attorney-Generul Mowat it was referred to the
Corauiitte on Privileges and Elections. From the evidence taken
before the Committee it appeared that, beside Wilkinson, the fol-
lowing persons were engaged in the conspiracy to defeat the Gov-
erniiient by bribing members who had been elected to support it ;
Christopher W. Bunting, managing editor of the i^ ''/ /7 newspaper :
Edward Meek, a Toronto barrister; F. S. Kirkla J, a Wisconsin
lawyer, and an applicant for certain concessions respecting tim-
ber on mining lands ; and Frederick Stimson, alias Lynch, who
was said to be in the cattle ranching business in the North-West.
A good deal of the negotiation with Mr. McKim w&a carried on
by Messrs. Bunting and Meek in the Mail building. Wilkinson
invited the members to whom offers of money were made to his
room in the Walker House, where they met Stimson. The latter
person, in company with John Shields, of Section B. notoriet}^ on
tlio loth of March, changed six 1?100 Dominion of Canadia bills
for thirtv $100 bills of the Bank of British North America, and
the money paid by Wilkinson to Messrs. McKim and Balfour was
made up of bills of the latter description.
After taking a certain amount of evi)ience in the case, the
Committee on Privileges and Elections recommenxled that, owing
to the neai- approach of the end of the Session, steps should be
taken to " secure, through a commission composed of Judges, a
full and searching investigation " into the matters referred to the
Connnittee. This reconmiendation was approved of by the
Assembly, and subsequently Mr. Justice Proudfoot, of the Chan-
cery Division of the fligh Court of Justice, Judge ^cott, of the
County Court of Peel, and Judge Senkler. of the County Court
of Lincoln, were commissioned to inv^estigate the bribery charges.
Evidence was, in the course of the summer of 18S4, taken at
several sittings of this Commission, its proceedings being given
at length in the Sessional Papers of 1685.^ Judge Scott declined
to express any oj)inion as to the guilt of the five persons charged
with the otfence, but Mr. Justice Proudfoot and Judge Senkler
(1) SesHonal Paper, No. 9, Part III., Vol. XVII.
THB MOWAT OOVERNMENT.
158
agreed on a finding, * of which the following are the essential
portions :
Svery reasonable endeavour was made to serire notice on John A. Wilkin-
son anci Frederick Stimson, but without effect, save as just mentioned with
regard to John A. Wilkinso .'.... Christopher \V, Buiiting was
served on the first day of August with a subptuiia to attend the adjourned
meeting of the Commissioners on the first uf iSeptember
Mr. Bunting was present at the meeting of the Commissioners in the mouth
of September, and thence till the close of the pruceedings, in compliance, as
he stated, with the subixjona^ which had been served upon him. Mr. Meek
appeared in person on tne 14th of July, and Mr. Kirkiand was rt^presonred
by Mr. Caswell, his counsel On the 4th of October, while M**.
MoKim was being re-examined, Mr. Bunting was in Court and was informed
that he could not cross-examine him. This, after consultation with h^a
counsel, he declined, on the 0th of October, to do, for reasons that appear in
the report of the evidence. ' ... On the 2nd day of September, W. 11.
Meredith, Esq., preferred a charge against certain members of the Govern-
ment in the following terms :
" That members of the Government, Messrs. Fraser, Pardee, Hardy, aud
Mr. Mowat, knowing that attempts were being made to corrupt members of
the House, induced members of the House to approach the persons who are
aaid to have been engaged y\ this work, for the purpose of inducing them to
make corrupt offer«, and to endeavour to entiap others not engaged in the
matter into the same crimin»l acts."
The sittings (of the Commission) were public and open, and accommoda-
tion WttS provided for reporters of the public press The Com-
missioners, pursuant to the direction of the Commission, transmit herewith
the evidence taken by them, and make the following report :
An endeavour was made by Mr. Meek to impeach the credibility of ' wo of
the witnesses — Robert McKiin and JohnCasoaden — and many witnesses were
examined against tliei^ and for them. The Commissioners cunsidured that
the credibility of Messrs. MuKim and Cascaden was not successfully at-
tacked.
The Commissioners also have to report that telegraphic messages to Mr.
Wilkinson and Mr. Bunting were destroyed in April last, a week or two after
the proceedings in the Police Court, by Mr. Dwight, the Q6neral Manager of
the Great North- Western Telegraph Company.
The OommisHioners fini that during the debate on the Address at the last
session of the House of Assembly, a debate that lasted from the opening of
the House on the 23rd of January till the Cth of February, an endeavour was
made by John A, Wilkinson, Edward Meok, and Christopher W. Bunting,
acting in concert, to form a coalition government, and for that purpose, to
induce munibers of the House, supporters of the Government, to vote against
them on tiie Address.
(!) The date of the Report is January 10, 1885.
(2) On the 17th of July he wa< served with the noticd at Winnipeg.
(3) Nadtely, that he had not been served with a notice in time to be pre*>entat the
earlier seHsions of the Oo(nmissi()ner4, and that he had not been furnished with a copy
of the ovideace taken at those Hessiona. (Report, p. 149.)
i
W
154
THE MOWAT GOVERNMENT.
In purB\ianco of this scheme ne^otiationn were enterod into with Wilkinson,
Meek, and Bunting with Robert MoKim, and by Meek with John CtiBoa5
7,523
20,040
352
8,618
3,331
5,793,869
2,473
12,936
5,185
17,068
11,833
3,823
2,172
20,565
53,527
6,605
18,203
4,174
12,667
16,704
3,620
4,739
4,145
1,212
86
1,634
4,398
16,455
3,362
14,809
31,254
15,812
103,630
236,569
9,654
802,149
O 09
gpq
^'
$ •
25,355
9,006
23,619
431
17,363
11,047
29,485
5,171
335
4,149
8,991
5,469
6,686
4,470
4,920
11,356
6,601
16,041
32,142
1,666
2,146
23,319
45,217
15,163
9,471
7,758
24,121
18,281
1,418
11,326
r085
1,.84
352
1,076
4,346
14,554
3,537
13,735
13,088
8,360
69,791
89,424
605
608,660
512,094
I ne uniai
c
o
4-1
lind Institu-
tion.
eaf and
Dumb Insti-
tution.
Public, Sepa-
rate and
High Schools.
dministra-
tion of
Justice.
jrricultural
Societies.
echanics'
Institutes.
Total.
W
P
<
1 <
^
$ •
$
$
:$
$'
$
$
•
,355
22,474
21,872
8i,843
73,149
27,580
12,130
401,233
,006
18,054
20,055
170,605
52,671
28,000
10,428
440,213
,619
10,439
22,855
88,861
81,831
13,300
• ••••• •••«■•
474,538
431
7,605
673
3(3,983
10,136
10,500
2,596
77,037
,363
8,391
18,017
117,710
87,320
26,720
5,012
440,366
,047
13,664
13,652
120,858
67,156
23,800
809
384,922
,485
19,626
14,713
a3,923
49,528
13,300
5,691
453,474
,171
2,996
9,930
66,014)
f
19,898
)
335
9,499
6,624
73,3()6 y
40,097<
13,300
481V
547,636
,149
3,298
4,676
70, 029 j
I
13,231
1,143 j
,991
,469
^ 9,334
1,399
13,577
3,330
[ 210,167
39,633
51,460
( 3,166 I
t 4,384 (
511,040
,686
13,797
24,089
192,216
56,978
37,100
8,764
497,277
,470
9,211
5,830
91,511
44,738
17,733
2,200
266,755
1.046
32,741
14,840
4,780
53,407
,926' '
3,ii6"
7; 590
70,755
26,736
13,300
7,'495"*
229,921
,356
12,378
33,319
149,536
52,999
40,138
2,216
433,162
.601
16,978
35,666
219,409
51,155
37,099
25,382
566,629
,041
11,552
12,560
l^i9,841
61,081
25,260
8,242
415,124
142
13,875
18,879
1SI,907
64,521
25,200
12,150
486,330
ij66
969
6,372
148,477
25,327
26,600
9,477
336,452
146
6,979
8,293
103,345
26,367
26,599
3,502
271,615
319
8,710
7,011
114,810
57,097
24,383
10,778
389,148
217
24,537
31,697
210,991
152,246
39,900
13,472
949,600
163
12,497
16,423
114,311
55,309
26,600
5,940
341,402
471
758
8,951
5,388
23,711
14,915
1()1,568 )
136.572 [
70,703 1
26,600
26,600
4,743 )
7,745 f
771,405
121
11,955
17,384
199,068
61,879
26,600
11,365
662,762
281
4,107
13,304
156,620
52,319
26,600
14,179
454,248
US
2,734
6,382
89,532
29,945
19,950
11,614
271,653
526
11,857
37,280
184,824
49,279
26,600
16,089
482,642
)85
10,439
8,497
131,227
27,966
25,596
8,818
295,885
.84
152
653
2,502
3,281
8,320
} 99,794
26,620
f 13,300
t 13,300
36)
1611
219,181
176
9,081
2,794
G6,380
26,335
13,300
400
166,971
46
17,881
11,335
145,509
42,601
27,040
3,777
315,828
54
13,366
28,069
205,208
86,471
43,950
20,670
697,247
37
8,028
4,641
157,066
37,325
26,600
6.391
325,407
35
9,282
17,173
164,993
56,259
26,600
30,116
428,495
88
6,851
7,203
104,616
55,705
17,733
11,422
327,999
60
19,375
22,418
1<)4,833
61,592
39,900
24,566
543,317
91
34,387
25,356
103.100
115,657
26,600
7,496
759,679
24
68,788
48,532
199,674
313,831
39,712
14,210
1,867,961
)5
JO
5,098
10,954
139,768
651,824
32,922
3,330
779,960
512,094
1
670,298
5,543,561
2,857,225
1,086,274
352,681
18,226,711
o
Ifft^l
}n
m
Mi
IIsTDKX,
' ., Paof.
Acclrtotd, Rollwtv (Lnbnr Law») , 24
A(!iiiinlstration of JiiHtice ...'.'..'.'..'.. 29-lt)]
" etc., (irants for (Schedule) 1611
AdminiBti atioii, the Liberal, Facts concerniug Cabinet 156
Agriculture, Department of 84-93
" Laws faseed to Advance luterewt 84
Agricultural College 85
" " A nal.y SIM of Attendance 87
^ Agricultural Statistics, Provision for 88
Agricnltural Societies, Aid to, etc., .. 89
Appeals to Imperial Pt ivy Council 32-40
Arbitration on Text Book^, and Keport, lH|j*l« 131
" " " Discussion in Legislature , . 136
Assets and Liabilities of Province, 1889 59,60
Asylnms, Maintenance and Statisiica 67,68
Attorney General's Department 28-40
Audit of Public Accounts 66
Blind, Institute for the (Maintenance and Attendance) 68
Boawell's JiOtter, Announcing " Educational Reform Party " 142
Rouudary Case, (Appeal to Privy Cotmcil) 33
Bribery Case of 1884. History of 161
" " Findin^if the Commissioners. .. .«ft* 163
Bush Fires, Means of Preventing (Crown Lands) 61
Cabinet, Names of Members and Dates of Appointment : 166
Central Prison 66
Charitable Inf^titutions, Comparisons of Cost, Ontario and U.S 70
" " System of Maintenance 70
Colonization Roads (Crown Ijands Dej)'!) 62
Conveuts, IJeply to change of use for Separate Schools 146
Crooks Act, Synopsis of J'eatures 76
" " Application of certain Provision for Enforcement of Scdtt Act.... 76
Crown Domain "iB
Crown Lands, Jlepartment of 44-52
Crown Lands, Locations since 18G8 , • 4?*
Crown Lands, Revenue since 1873 61
Deaf and Dumb, Institute for (Maintenance and Attendance) , 60
Drainage Investments (Loans to Munii ipalities) 66
Distribution of Provincial Funds (Schedule) 169
Division CoTxrts, Inspeotiou of 72
Disputed Elections 8
B?ducation, Department of 94
" History of its Establishment 94
" Ex|,cnditure8 for 98
" Grants of public money to sustain (Schedule) 169
*• *' The Ontario Educational Reform Party " 141
" Reaulations issued by Department 11^
Electors, Qualification of ^
•• Registration of 6
(1C:1)
\*
'■i'
l''i<
w
X
nil
164
INOKX.
Elections, Manner of Eoncluoting , fl
Elections, I>i»put«i89, ohowing increased grants to
people 62
Expenilituren, Paltry objections to Snjply BilN byj )pposition since 1884 &i
" ( ioinparisou < with C^iiebec and DooiinioQ 64
Experimental Farm (Agricultural College) 86
Factories' Act (La-or Lawn) ^.. 88
" Facts for Irish Electoi-s,' 'I'ory manifesto in 188;J 139
Farmers' Instituted ' 87
Financial Administration 66
" " < Wticisms of Toronto Afaif 67
Flooding of Land (Crown Lands Dept.) 46
French and Uerman Schools, Kegulatiou and Jiistory of 100 ,
trench and Ueruian, Training Schools 102-106
Text iiooks Authorized 106
" Hi-lin«ual lieaders 106
•* Uejtort of Commissioners, 1889 107
*• Ktgulations Enforced Ill
" Kefxirts of Local In8peot>ginlatiire
" " HiKh School, Authorizations of
" ** Policy of the Department
" " Hftvinj? in exjtenKe to J'upllii
'• " Ooniparidon with U. S iirices
'* " Eni:ounwten'*'"t of Canadian Teachers and ManHifacturem.
Timher Tiiroits, Soles of
" " ( 'ouipHrison of Provincial and Dominion Policy
Voting, Time al'owed workmen for, (Labor Laws).
■Wi'fxli! and Forent8, (Crown LandHj)epartnient).
Work and Wawt-i (Labor Tjaw"*)
Workmen, allowed time to vote, (Labor LawH) . . .
27
48.
2S
97
1
J
i
•I-
.\'
129
131
M
■M>
■Mi
4!)
\r>(i
•71
27
48.
125
I
X.
.%
I^jt,|k|j^^^^^^^