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Tous les autres exemplaires originaux sont filmAs en commen^ant par la premiere page qui comporte une empreinte d'impression ou d'illustration et en terminant par la derniire page qui comporte unw telle empreinte. Un des symboles suivants apparaitra sur la dorniire image de cheque microfiche, selon Ie cas: Ie symbole — *- signifie "A SUIVRE ", Ie symbols V signifie "Flr^". Les cartes, planches, tableaux, etc., peuvent Atre filmis A des taux de rMuction diffirents. Lorsque Ie document est trop grand pour itra reproduit en un seul ciichA, il est filmi A partir de I'angle supArieur gauche, de gauche A droite. et de haut en bas, en prenant Ie nombre d'images n(ic«ssaire. Les diagrammes suivants illustrent la mithode. 1 2 3 4 5 6 I I MONTREAL WEST. " The Dominion Controverted Elections Act, 187^.'' No. ^^ '^w mw ^^m THOMAS WHITE, Jr., etal., /] PETITIONEES, i' AND FREDERICK MACKENZIE, RESPONDEAT. PETITION. C. r. DAVIDSON, AttorTiey for Petitivnen. BIBLIOTHEQUE J/ cU^ ^cc.< OUt^, ^/^ ^O — PK — M.L'ABBE VERREAU JV^o. Classe Division Se.rie k CiSh y d ,/ T?- it: - ■ The Dominion Controvertd Elections Act, 1874. El»-ctioii of a mtiiuber ibr the House of Commons for the Electoral District of Montreal West, situate within the Judicial District of Montreal, in the Province of Quebec, holden on the third and tenth days of Dert-niber, in the year one thousand eioht hundred and seventy-lour (A. D. 1874). being respec- tively the days of nomination and polling- at said election. Provincp: of Quebe:c, District of Montreal. SUPERIOR CCrRT. THOMAS WHITE, Jr., et al.., Petitioners AND FREDERICK MACKENZIE, Respondent. The Petition of Thomas White, jr.. Printer and Publisher Andrew Robertson, Merchant; Charles Seraphin Rodier, the youuirer. Esquire ; Jean Marie Papineau, Merchant , Alexander Shannon, Merchant ; IsaVe Boudreau, Merchant ; Mathew Ham- ilton '^ault. Agent; William McNaughton, Forwarder; John Hatchette, Merchant ; Andre Lapi^rre, Merchant; and Bernard Tansey, Hotel keeper ;— all of the City and District of Mon- treal in the said Province, whose names are subscribed, and who are hereinafter styled the Petitioners, sheweth as fol- lows : — 1. Your Petitioner, Thomas White, jr., was a candidate at the above election, and your Petitioners, Andrew Robertson, Charles Seraphin Rodier, the younger, Jean Marie Papineau, Alexander Shannon, Isae Boudreau, Mathew Hamilton Uault, , \ ^ William MoNaui^hton, John Hatchctte, Andr»; Lapir^rro, and Bernard Tansey are persons who and each oi' whom, had a right to vote, and who did vote at the above election. 2. And yonr petitioners state that the election was holden on the third and tenth days of December, in the year one thousand eight hundred and seventy-four, being res-x'ctively the days of nomination aiul polling at said election, when Frederick Mackenzie, of the said C'itv of Montreal, Esquire, and the said Thomas White, jr., were candidates, and the ]ieturnin<>- Olficcr has returned the said Frederick Mac- kenzie as beinii duly elected, the receipt of which said return by the Clerk of the Crown in Chancery was published in the Canada Gazette on the nineteenth day of December last past fA. D. 1874.) 3. And your Petitioners further nay that, at the said election, certain persons were procured by the said Fred rick Mackenzie or by his agents or by others in his behalf to personate and falsely assume to vot*^ in the names of certain other persons living anlection, the whole for the purpose of unlawfully and corruptly promoting the .'lection of the said Frederick Mackenzie, wherei)y the said Frederick Mackenzie was and is incapable o[ being elected or sitthig in the House of Commons during the continuance of the present Parliament and during the next Parliament, and the said election and return ol the said Frederick Mackenzie were and are whollv null and void. 4. And your petitioners further say that the said iM-ederick Mackenzie by himself and by his agent or agents and by others in liis behalf, at the said election, and tor the purpose of unlawfully and corruptly promoting the same in his behalf, aided, abetted, counselled, and procured the commission at ^" r \f * I >\ ^ tho .snid (^lection of the offence of personation by a certain person or certain persons, whereby the said Frederick Mac- kenzie was and is incapable ol' being elected or sitting in the House of Commons during the continuance of the present Par- liament and during the next Parliament, and the said election and return of the said Frederick Mackenzie were and are wholly null and void. f). And your p.^titioners lurther say that the said Frederick Mackenzie during said election provided and furnished drink and other refreshments at the exi)ense of said Frederick Mac- kenzie to divers electors, and further, the said Frederick Mackenzie paid for and procured and engaged to pay ibr drinks and other refreshments to divers other electors during said elec- tion to corruptly promote the same, whereby the said Frederick Mackenzie was and is guilty of corruj)t practices, and was and is incapable of being a candidate, or of being elected or returned to the pr<^sent Parliament, and should be declared incapable ol being elected to and of sitting in the House of Commons during the seven years next after the date of his being proved or found guilty of said olfences, and the said election and return of the said Frederick Mackenzie were and are wholly null and void. 6. Ajid your Petitioners lurther say that the said Frederick Mackenzie was by himself by his ai>ent or agents, and by others in his bt'half, guilty of bribery })efore. during, at and after the said election, wliereby the said Frederick Mackenzie was and is guilty of corru])! practices, and was and is incap- a])le of being a candidate, or of being elected or returned to the i)resent Parliament, and should ])e declared inca])able of being fleeted to and of sitting in the House of Commons dur- ing the sev<'n years next alter the date of his being proved or found guilty of said olfences. and the said election and return of the sijid I'rederick Mackenzie were and arc wholly null and void 7 And your Petitioners iurther say that the said Frederick Mackenzie was by himself, by his a^ent or agents, and by other persons in his behall'. before, during and at the said election, guilty of the offence of treating within the meaning of and as delined })y '"I'he Dominion Eh ctions Act 1874," with intent to corruptly promote his said election, whereby the said Frederick Mackenzie was and is guilty of corrupt practices and was and his incapable of beiuii" a candidate or of being- elected <))• returned to the present Parliament ; and, further, should be declared incapable of being elected to and of sitting in the House of Commons during the seven years next after the date of his being proved or found guilty of said offences, and the said election and return of said Frederick Mackenzie were and are whoUv null and void. 8. And your Petiti(»ners further say that the said Frederick Mackenzie by himself, by his agent or agents, and by others in his behali* on the said days of nomination and polling, illegallv and corruptly gave and caused to be given to divers voters, on account of such voters having voted or being about to vote at said election in favor of said Frederick Mackenzie, divers meats, drinks, refreshments, moneys and divers tickets to enal)le such voters to procure relreshments, whereby the said Fre(b'ri<'k Mackenzie was and is guilty of corrupt prac- tices, and was and is incapable oi beini?" a candidate or of being elected or returned to the present Parliament, aiul further, should be declared incajKible of being elected to and of sitting in the House of ('onimons during the seven years next after the date of his being proved or found guiltv of said otl'ences and the said election and return of said Frederick Mackenzie were and are wholly null and void. I». And your petitioners liirther Nay that the said Frederick Mackenzie by himself, by his auent or aueiits and by others in his beiiali', before, durinii', and at the said election, and for the purpos(» of corruptly promotiuu" the same in his l)ehalf,committed I J 5 ^0 ..'. the orteiice of undue infiuence as deKned by and within the meaning- of the "Dominion Elections Act,1874," whereby the said Frederick Mackenzie was and is guilty of corrupt practices, and was and is incapable of beini^ a candidate or of being elected or returned to the present Parliament, and ..aould be declared incapable of being elected to and of sitting in the House of Commons during the seven years next after tlie date of his beiim- proved or found guilty of said olfeiices, and the said election and return of the said Frederick Mackenzie were and are wholly null and void. 10. And your ixtitioiu'rs further say that the said Frederick Mackenzie, by himsidf, by his agent or agents, and by others on his behall', did illegally and corruptly before, during, and after said election, hire, pay and promise to pay for c«'rtain horses, teams, sh^ighs, cabs and other vehicles to convey, and for havino- conveyed, voters to and near to and from divers polls, and from the neighbourhood thereof, at the said election, and did so pay the travelling and other expenses of divers voters in going to and veturninu' from the said election for the i)urpose of corruptly promoting the same on his behalf, whereby the said Frederick Mackenzie was and is guilty of corrupt practices, and was and is incapable of being a candidate, or of being elected or returned to the present Parliament, and should be declared incapable of being elected to and of sitting in the House of Commons during the seven years next after the date of his being provtnl or found guilty of said offences, iind the said election and return of the said Frederick Mackenzie were and are wholly null and void. 11. And your petitioners further say that the said Frederick Mackenzie, by hinis«'lf. by his agent or agt-nts, ami by others in his rx'half. lu'loi-e, during and after the said clet'tion. was guilty of ;ii»d (lid (•ommit •• corrupt practices" within the meanino- of and as dclined by " The Dominion F^lcctions Act, 1874." and • The Dominion Controverted Elections Act. 1874," '*.. 0\\ \i whorohv the said Frederick Mackenzie was and is incapable of being- a candidate or ol' beinu- elected or returned to the present Parliament, and should be declared incapami^ ol'beino- elected to or sittiiig- in the House of Commons during- the seven years next a((ter the date of his being proved or found guilty of said oH'cjiees, ami the said election and return of the said Frederick Ma-jkenzie wer.> and arc wholly null and void. 12. And your ].etitions of all such persons were null and void, and one vote loi- every person who so voted and was so bribed, treated, or unduly inlluenced, ought now to be struck off! Vom' \ the numlxM- of votes appearing to have been given in I'avor of Ithejsiiid Fredeiick Mackenzie at the said election. r^^. And your Petitioners further say that divers persons voted at the said (dection. and were reckoned upon the poll of the said Frederick Mackenzie who were bi^fore, at and alter the said (dection oujlty of bribery, treatinuand undue inUuence, and that all such persons w«>re the.(d)y dis(pialilied from vot- ing, and one vote for every person who ,so voted and was .so guilty ol hiib.'ry. treating and undue idlueece. ouu'ht now to be .stiu(d< oil from the number of votes api)earing to have been given in lavor of the said Frederi(d< Maid^enzie -U said election, b"). And y.nir Petitioners luriher .say that nianv persons / who were di.s(jualilied to vote at such "(dection bvrea.son of their holdino- or havinu' hidd disriek Mackenzie and by other persons in his hehiiirus agents, clerks, messenoers, or in other like .'niployments, were, nevertheless, admitted to vote, and did vote for the said Frederick Mackenzie; and that one vote lor ev.'ry person who so voted, and was so. disipiaiilied or so retained or miployrd. oni-ht now to be struck oil" from the number ol" votes appearino- to have been given to tjie .said Frederick Mackenzie at the said election. _ U>. An.l your petition. ms rurth<-r say that many p^Vsons voted at the .said eleetion, and wer.' rckoned on the poll ol'the said Frederick Mackenzie, who were di.s(pialilied to v'ote at the said election by reason ol' their havini.' hired divers, horses, sleighs, and other coji veyaii.es Uir-said , Fjvderi<-k 'Mackenzie and for his agvnt or tiuvnts. and "otlv'r.p'eLons on his behalf, far the purpo.se of (-(^n veying voit-rs to and Ivom the did'erent polling places at said election, and that one votef.u- (iv.Mv per- son who was so disqualiiied. ouiiht iiovv to be struck otffronr th(! number of votes appearing to have J)cen uive.n to the ijaid Frederick Ma<'keiizie at rhe said eleetion. -* ^.- 17. Ami your petitioners further say that persons perso^juited and voted in favour of the said Fredt^ick Mackenzi.^.^fid;\ for certain electors whose names appear on the voters' list^of s.iid Electoral Division u.sed at suh\ eh-ction, but who did not tlu'mselves vot.-. and that such votes were illegal and void, and that one vote for every vote so recorded ought now to be struck olf froui ;he nuiii))er of vote's appearing to have been given to the said Frederick Mackenzie at said election. ^' IS. And your p.'titioners further say that certain electors voted twice ai the .said election in favoilr of the .said Frederick Mackenzi.', and that the votes of .such per.sons were illegal null and void, aiier of votes appearing to have been given to the said Frederick Mackenr^ie at said election. 21. And your petitioners further sav ^hat several of th.^ Deputy Returning Of^^rs in counting the number of votes given for each candidate at. said election, accepted and counted a number of ballot papers, repTesentiuff votes, upon the poll of th.> said Frederick Mackenzie, whereas, the said ballot papers were illegal and defective, and ought to have been rejected, in that they wer.- not in accordance with the requirements of the said " Domijiioii Elections Act, 1874," and mor.- especially had upon them writings and marks by which the voters could be identiiied. J he Deputy ounted the ites at said id Depi^ty- ir based his Rd the total 3 be respec- lled al the te, jr., over e majority of Ihe said petitioners ^ majority, opted and F'rick Mac- rht to vote so unlaw- 1 off from o the said ul of the r of votes d counted he poll of ot papers ejected, in nts of the :!ially had could be J A 22. And your petitioniprs furthcT say that a number of ballot papers, marked and deposited according- to law, representing votes polled in favour ol\ Thomas White, Jr , at said election were unlawfully and illeg^ rejected, and not counted upon his poll. 23. And y^our petitioners furthi-r say that the said Thomas White, Jr., iv"d the said Andrew Robertson, in the interest and on beha]i\f the i-lectors of the said Division, and especially of your petiti(>^ers, severally obtained orders previous to the presentation \)f this petition from one of the Hon- ourable Judges of >uid Court, re(|uirino- the Clerk ol' the Crown in Chancery to Vant an inspection ot said counted and rejected ballot papers, bV the said, the Clerk of the Crown in (^hancery, refused to obey\iud orders, or either of them, and your petitioners cannot hel\un, in consequence, more ' pnr- ticularly set out the errors, deieets, irre,oulariti<'s and iileo-alities connected with said ballot papers\ 24. And your petitioners further say that on the twenty- second and twenty-ninth days of January, in the year one thousand einht hundred and seventy-four (A. D. 1874), there was holden an election to elect a member for the House of Commons for the said Electoral District of Montreal West, in the present Parliament of Canada, said days beina- respectively the days of nomination and polling- at the said last mentioned election, when th.' said JM-ederick Mackenzie and Alexander Allan iStevenson, oi" the said City of Montreal, Printer, were candidates, and the said Frederick Mackenzie was on said twenty-ninth day of January returned as being duly elected 25 And your petitioners say that a, petition was afterwards fyled in the Election Court Montreal Division, by the said Alexander Allan Stevenson mid others against the said Frederick Mackenxie, alleging that the said election was void on account of acts of corrupt practice committed ]jy the said Frederick Mackenzie and his ag-ents at the said election. 10 uZ ^f '^T Pf;"™'';^ ^"y 'haf such proceedings were had upon the said petition that the same came on to be tried belo,... tho Honorable Frederick Torrance, one of the udZ, 0^ the said l.i«.t,„n Conrt, at the Court House, in the citv of Montreal, on the twentieth day of October las, and s„bs,.qlnt 27. And your ,>etitioners further say that the said Frederick Maekenxie by himseii; or l.y his agent or ag,.„ts, or by oth'r, ... h,s behalt, with his knowledge and cons:nt. before dnl^ bril!! ;";'"■ 1 T' '"' ■"-"i<"'«d >^l«tion, was guilty o'^ b he, j.treaing, undue .nlluenee, keeping open horses and other corrupt pra,.„ces, as detin..d by the statutes then in for e governing. ,.h.ct,ons for the said House of Commons, mvesti. a! h ;.„"'b tf' "'"^ "■■"■""*•■<' "■"' -t had at said trW, th igh said Frederick Mackenzie having admitted one acto bibeiy by agents upon which the said Judge . declared (he said last mentioned election void. 28 And your petitioners lurther say that the said Frederick i^his'bru I ^r'''''^u'" ""■''"' "^^"-''^ -<• ''V others his behalf hath, since the time of said last mentioned elec tion, lulhlled, paid and settled divers bribes, corrupt promises and corrupt undertakings, illegally and wron^ully made before and during the said electfon so held for the present Parliament. ,„ the said month of .famiary, and to corruptly ndnce and bribe divers electors to refrain from voting, and to induce divers other electors to vote for the said Frederick Mack,.nz,e at the said election held in said month of Decerabm- as alor(\sai(i. 2!.. And your petitio„,.rs hiunbh- submit that the exi"-encv w/hT,"',. ";,"'"'■ ^'>\'*''"''^ "'"'•*■'«'■ »" voided, as albn-said w». held, hath never been satisKed and mu,st be deemed to continue ,n full force until a vali,l election is held to return a member to the House of Commons for ,sai,l Ele,:toral Di.strict ■ a..d the proc..e,lings so had upon th,. twcty-seeond ami I j|) w^ere had be tried e .judges B city of )S('queiit r-'deiick V others during- >-uilty of ses and in force vestiga- id trial, 10 act of red the ederiek others d elec- ^omises made ^resent ruptly g, and derick ember gency "i^said, ed to urn a strict ; i and I jl) I ^1 twenty-ninth days of T yoid JT" '""* "-fur., vrere an "'"''•^^^"l- «'>