IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I no US 1^ u^m ^... 1^ •a m Hi u tttau 1*0 i i 2.0 IL25 III 1.4 III 1.6 Hiotographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. MSM (716)872-4503 CIHM Microfiche Series (Monograplis) iCI\/IH Collection de microfiches (monographles) Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques > Technical and Bibliographic Notes / Notes techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly chanue the usual method of filming, are checked below. D Coloured covers/ Couverture de couleur I I Covers damaged./ Couverture endommagie L'Institut a microfilm^ le meilleur exemplaire qu'il lui a M I'^ssible dt s« procurer. 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Les cartes, planches, tableaux, etc.. peuvent Atre filmAs d des taux de reduction diffArents. Lcrsque le document est trop grand pour Atre reproduit en un seul clichA. 11 est film6 d partir de I'angle sup6rieur gauche, de gauche d droite. et de haut en bas. en prenant le nombre d'images nAcessaire. Les diagrammes suivants illustrent la mAthode. 1 2 3 4 5 6 ,V»Vi"- H-. THE NOVA SCOTIA COAL QUESTION. Premier Fielding replies to Dr. Weldon, M.P. [Tlio following lottor from lion. W. S. Fielding, Preniior of ^ovo Scotia, was pnI)lishocl in the Halifax journals, the Morning Chromde and Aimlian Recorder, on the Kith of Ma-di, 1893. The speech ieview*'d was laade a few days earlier in the House of Commons of Canada hy Dr. Weldo.i, member for Alhert County New Brunswick :] " ' Sm: It is unfortunate for Dr. Weldon, M. P., that his appeal to tiie Gov- ernor-General on behalf of imag- inary "Imperial interests" and the numerous rebuffs he has received from liis own leadei- and iViends at Ottawa, in connection with the Nova Scotia coal question, have so dis- counted his utterances on the subject that even if ho had a good ground of objection to tho scheme "it could hardly receive the respect wliioh would otherwise have been accorded to it. Nevertheless, as ho attempted in his last speech to di&ouss th'; merits of the question, and the speech has been spread out in tlio pages of a friendly jounial as the best possible exposition of the case against the Local Government's scheme, I propose to consider somewhat biieHy his chief objections, and see how far they will stand the touchstone of fact. I shall pass over his general de- nunciations of combines, which, ron sidering the political record of tlie speaker, must have caused many hearers to smile ; and his suggestions of possible corruption in Provincial legislative halls, which are most un- timely as applied to the case of Nova Scotia. Nor shall I make more than a passing reference to his mysterious and " confidential" information of an imaginary conference at Boston last December between Mr. Whitney, Mr. Van Home, a Mr. McLeod and Mr. Fielding, at Avhich this coal business is supposed to have been settled. On that point I shall only suggest that if the member for Albert is to draw so freely on his somewhat unwhole- some imagination he should at least use some skill in designing his plots. The introduction into his story of a mysterious December conference to bring about an agreement that had been signed, sealed and delivered more then six months before is, to say the least, a very clumsy kind of romance, and not calculated to esta- blish the doctor's reputation as an artist in his line. UXCALLED FOR CnAMPIONSHIP. T cannot help remarking on the extraordinary fact that this intense zeal on behalf of the people of the Province is manifested by a gentle- m A ^1^ M r^' man who reprrsonts nobody in Nova Scotia. One would naturally sup- pose that if tlie interests of tiin coal consumers of our Province, or those of the people of Nova Scotia gene- rally, needed a clianipion at Ottawii they would Hnd him among tlie repre- sentatives of the Province. We have 21 members in tlie House of Com- mons, not to speak of tiie lionorable members of tlie Senate. Is it not strange tliat not one of these gentle- men was ready to le^d an agitation against tlie coal scheme? I can think of no other explanation than the fact that Dr. Weldon is not responsi)>le to any body of electors in this Prov- ince. As a representative of another Province he feels at liberty to run amuck on tliis question, while repre- sentatives who can be held account- able to Nova Scotia cotistituencies have too much shrewdness to engage in warfare against a measure which is so generally recognized as fraught with great advantages to our Pi-ovince. THE GOOD OLD LAViS Dr. Weldon '»as much to say in favor of the old mining laws of Nova Scotia, and it would appear from his remarks that any attempt to depart from these " wise old laws, good old laws," as he calls them, is to be re- garded as sacrilege. In reply to this it will be enough to say that under these laws, wise and good as they have been in their time, our coal mining industry made but moderate and unsatisfactory progress. If Dr. Weldon is satisfied with the measure of growth that has been attained I venture to say that the people of Nova Scotia, and the people of Cape Breton particularly, are not so satis- fied. They have felt the need of something to give an impetus to the coal trade of the country, and that is why they have hailed with satisfac- tion the move of the Local Govern- ment, even though it involves some departure from those old laws for which Dr. Weldon seetrs to hive such superlative veneration. BRKACH OF FAITH. The doctor had a good deal to say About the Government of Nova Scotia having committed a breach rf faith with th<^ lessees o? coal mines by in- creasing the royalty from 7i to 10 cents in tins session of 1892? If it were necessary one could easily show that tliere was no breach of faith. But this is beside the question. Dr. Weldon was careful to say that he was not expressing any opinion of his own, but was merely repeating what others had said. The man who stands at the street corner and slan- ders his neighbor, winding up with the remark that he does not express any opinion of his own, but merely tells what he has hcird, does not escape responsibility for his attack. The way in which Dr. Weldon dragged in and dwelt upon tlie ques tion of breach of faith between the Government and the lessees clearly indicates that it afforded him no small gratification. I do not blame the lessees for making the best fight they could against the increase of roy.i' Increased taxation is al- ways objectionable to those who are called upon to pay it, and allowance must always be made for any com- plaint they may make. But every patriotic Nova Scotian will blame Dr. Weldon for dragging this ques- tion into the debate in the House of Connnons and circulating the charge of a breach of faith against the Legis- lature of Nova Scotia. THE PEUMANENCY CLAUSE. The member for Albert dwelt on a clause in the new lease which states that any future legislation of the Province at variance with its provi- sions should not be held to modify or diminish the privileges granted. Such a provision, he said, could have no legal effect. In this he was quite right. No principle of British par- liamentary law ia clearer than that one Parliament cannot legally bind another. But if this constitutional rule were too literally interpreted it would mean that no rights could be granted to anybody for more than four years. It would mean that lands or mines granted under authority of one Parliament might be con- ficated by enactment of its successor. While our constitution asserts tlic liborty of every Parliament to act for itself the spirit of that constitution declares tliat rights, privileges and concessions may bo granted and pledged upon the public faitli of the country, which guarantees that the contract so made will be fultilled. The clause which Dr. Weldon finds so much fault with has no legal value, but it is a broad and emphatic declaration to the people who invest their money on the faith of the con- tract that their lease is not grauied for a single Parliamentary term, to bo annulled or modified by another Parliament, but that so long as the company shall honorably fulfill its part of the bargain the lease shall be held to b(> l)inding. The clause does not in the least diminish the legal power of Parliament to pass hostile legislation, but it gives to the in- vestors a solemn pledge that no legis- lation at variance with the contract will be passed while the company performs its part. That is the oidy value of the clause, and that is all that the company understands it to mean. THE EXEMPTION FROM TAXATION. In the old lease, the learned doctor tell us, there was no clause respecting exemption from Provincial taxation. That is quite true. But it is also true that the lessees paid no Prov- . incial taxation other than their royalty or rental. The absence of such taxation was one of the argu- ments by which Mr. Whitney was induced to take hold of the enter- prise, and the Government simply guaranteed to him, in that respect, a condition of affairs which has always existed in Nova Scotia and which all sensible persons believe will continue to exist. While on this branch of the sub- ject permit me to say a few words concerning Dr. Weldon's puff of his friend in the Nova Scotia Legislature, in which, unhappily, he was as in- accurate as in other things. The point is not of any importance, but as Dr. Weldon thought it worthy of Bpecial notice in his spoech he might have taken the trouble to be correct. That the exemption did not extend to municipal taxation was, he said, duo to the leader of the Opposition. "The credit,' he says, "of that invalu- "nble amendment, I n\ust say in com- "mon fairness, was due to tin? leader "of the Opposition, who took that "point and forced the (Jovernnient "to reconsider tlu^ matter and go "back to council; and he carried his "point and secured this great pro- "tection for the County of Capo "Breton — the j)ower to tax th'? pro- "p<'rty of th(! n(!w syndicate. " Now Dr. \V'<'ldon's friend, the leader of the Opposition, had no more to do with the amendment referred to than the man in the moon. In the course of thr discussion anotlier Opposition member, Mr. Webster, of Kings, suggesteJ in a single sentence that jierliaps the words "provincial tax- ation" in the exemption might be held to cover municipal taxation. The position of the Covernment was that if there was any doubt as to the effect of the words used it would be re- moved, because the purpose of the agreement as understood both by the Covemment and Mr. Whitney was that the power of municipal taxation remained untouched. Subsequently I stated that although we were legal- ly advised that the British North America Act clearly distinguished between "provincial"' and "municipal" affairs, and therefore that the clause as it read was probably sufKcient for the purpose, in deference to the sug- gestion and to remove the possibility of doubt I proposed a declaj^tory clause. The Opposition mov, TlIK, CIIAIiTKi;. The agreement between the (4ov- ernm«nt and Mr. Whitney provided that a new form of lease should be grant(;d to Mr. Whitney and his as- sociates, but it was distinctly declared that the privileges of this new lease should be limited to such mines aa tlie company might acquire in the county of Cape Breion. Dr. Weldon seemed anxions to njake his audience believe that this limitation did not exist, and to serve his purpose he mixed uj) the (iovt^rnment's agree- ment and t\w company's charter in a way well calculated to confust; lii.i hearers. ft is neccissary to observt; the distinction lietween the agn^e- nii^nt and tlu* charter. They are different documents, originating at different times. The (Government agreed to grant to Mr. Whitney and his associates, when organizea as a company under the laws of Nova .Scotia, certain privileges within the one county named. But the (iovern- ment did not agree to give any par- ticular form of charter. Mr. Whitney evidently assumed— as he had a right to assume- that if he wished a new charter for his company he would obtain it on the same terms and con- ditions as were granted to other people who desired to do business in Nova Scotia. The Government's agreement with Mr. Whitney was confined strictly to the county of (.'ape Breton. Any statement or suggestion that the privileges of the agreement go beyond that county is absolutely unfounded. When the time to organiz(> arrived Mr. Whit- ney applied to the Legislature for an Act of incorporation. When it was proposed by the leader of the Oppo- sition that hisminingoperations under the charter should \m- confined to the county of Cape Breton objection was very properly taken. While the privileges granted by the special lease were confined to o.-ie county there was no good reason why Mr. Whit- ney and his associates s.hould not have the same rights to buy and sell and do business throughout; Nova Scotia that a score of other co mpanies pos- sessed. If ho wishes to develop an iron mine in Aiiniijiolis connty or a Kohl mine in Queens county wlio in the world would desin! to prevent liis doinp 80? But if lie wishes to carry on mining operations in any otlier county than Cape Breton In; cannot take witli liini the privileges of tiie new lease. He must do his business under those wise old laws which I>r. Weldon seems to regard as such a perfect security. Why, then, should the doctor complain ? So far as I can learn Mr. Whit- ney's charter contains no material powe.;, that are not to \tc found in numerous other charters granted both at Ottawa and Halifax. Just why other companies should have the right to do business throughout the Province of Nova .Scotia, subject to the general laws of the Province, and the same right be denied to Mr. Whitney's company, is one of those things which nobody can understand. Evidently the leader of the Opposi- tion did not himself see any good reason for such a denial, for although in committee he proposed an amend- ment to confine Mr. Wliitney's min- ing operations to Cape Breton county he thought so little of it that he never divided the House on it, and so far as the journals of the Assembly show, this much abused charter passed without opposition. FORFEJTrRE FOR NON'-WORKIN(i. On the important question of for- feiture. Dr. Weldon makes a most misleading statement. He says that in the old leases there was a clause providing for forfeiture of areas in event of non-working, and that this has been abandoned in the new lease. This is true, but it is a very long way from the whole truth. Wliy did Dr. Weldon suppress the very important fact that several years ago, before the Whitney project was heard of, the Legislature of Nova Scotia unanimously abandoned forfeiture for non-working as respects all leases of coal areas? Practically the for feiture clau.se had always been a dead letter. If it had been enforced, the Mines Department would have been kept iiiisy with forfeit un- |>riKctd ings. Oidy a moment's retlcition is needed to enable one to see that the extent to which the coal areas of tin- Province could be worked dependi'd on the ([uestion of a market. The available market would not take the full output of the mines already in operation. Yet the law, the wise old law, and the old leases which Dr. Weldon quoted so often, declared that every holder of a coal lease must work his mine and raise coal when there was nobody to buy it. The condition was so unreiuonable that it never was enforced. No lense has been forfeited for non-working within the memory of any otiicial in the de- partment. In 1889 the Legislature cann^ to the conclusion that the ques- tion of working must be left lo the law of demand and supply. An Act was passed im{)osing a icntal on the unworked areas, and declaring that so long as the lessees paid royalty or rental their areas should not be liable to forfeiture. This Act, as 1 have .said, was carried unanimously, and that at a time when the Con- .servative Opposition was led by a gentleman who represented the coal mining county of Cape; Breton and gave particular attention to all ques- tions relating to the coal mining in- dustry. From this it will be .seen that the exemption from forfeiture foT- non-working, which Dr. Weldon would have the public believe to be an exclusive privileg<^ of the Whitney company, was enjoyed by every holder of a coal area in Nova Scotia long before Mr. Whitney's company was heard of. THE 90 years' lkase. The period of the lenso is one of the things to which the member for Albert takes exception. He spoko of the old lease as one of 20 years, with a "qualified right of renewal," as against 9!) years in the lease of Mr. Whitney and his asso- ciates. The attempt of Mr. Weldon to make it appear that the old lease was practically one for 20 years is entirely unwarranted. It is true that leases were issued in 20 year tenns, but it is also true that the leases carried with them the rights of renewal extending to 80 years. They did not carry any d wages for the working' men. Trutil the men for that. I want to see the Whitney company, and all the other companies, operating the coal niinuit of Nova Scotia i^ettin^ a fair price for their output. If they attempt tochar<;e to our own people prices that are ex- orbitant it is quite possible to deal with them— not, however, in the Lej»i8laturo of Nova Scotia. In fairness to Dr. Weldon I should say in this connection that he is not a practical lawyer ; he is a college professor, and can hanlly bu expected to understand these practical (|uestion8, If he understoiKl the situa- tion he would know that the regula- tion of the price of any article of com- merce ia nut a matter in which the Legia- liiture "if Novjt Scotia ran net. Hi> would be awiiri- that undci' thi« Uritinji North .Vnioricii Aft iimmtiouM uf trade and cimiinuivi' are iWHi^inod to the par- liauifiit of (,'anada, and ilioroforo if the ni'ct'SHiiy fur l(-){iHlation to ri'dtrict prices ill coid or ill anytliin;^ uIho Hhould over ariHo it is to the Parliament of Canada and lu.t to tlu! Lo^fislalatuiu of Nova Scotia that tliu apiilicatioii must bu made. It may bo that such iiocussity will arino, and that the op]>rossud' consunicfH of the country will have to apply to Parliament for relief. If tlioy do, however, they are not likely to look for aid or comfort to the nieinbur for Albert, for the p.ilicy under which cond)incs have been created and made tlourishiiiy at the expense of the consumers of the country has found no more steadfast supporter, defender and apologist than Dr. Weldon. Yours faithfully, W. S. Fielding. Halifax, March 14, 1893. t