■.% ..''■% %» a^ IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I ''^IM liM :_•- Ilia 1.8 1.25 1.4 \o .4 6" — ► 7 <^ /# />^ '<^> 0% '^ '^V^'- ^ ?1fe.' °v *^ >. '>/ 0/^^ Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER. NY I4SS0 ('6)872-5503 ^^ CIHM/ICMH Microfiche Series. CIHIVI/ICIVIH Collection de microfiches. Canadian institute for Historical Microreproductions / Institut Canadian de microreproductions historiques :\ \ , plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les OKemplaires originaux dont la couverture en papier est imprim^le sont fiim^s en commenpant par le premier plat et en terininant soit par la derniAre page qui comporte une empreinte d'impression ou d'iilustration, soit par le second plat, salon le cas. Tous les autres exemplaires originaux sont filmte en commengant par la premiere page qui comporte une empreinte d'impression ou d'iilustration et en terminant par la dernidre page qui comporte une telle empreinte. Un des symboles suivants apparaftra sur la derniAre image de cheque microfiche, seion le cas: le symbole >^ signifie "A SUIVRE ", le symbols V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent Atre filmAs A des taux de reduction diffArents. Lorsque le document est trop grand pour Atre reproduit en un seul clichA, ii est filmA d partir de I'angle supArieur gauche, de gauche A droite, et de haut en bas, en prenant le nombre d'images nAcessaire. Les diagrammes suivants illustrent la mAthode. 1 2 3 1 2 3 4 5 6 ] L n>^c d vVu^.-c,,,,^ ^ ONTA.RIO. THE RECORD OF THE MOWAT GOVEENMENT 18 YEARS OF PROGRESSIVE LEGISLATION AND HONEST ADMINISTRATION Co/'ics of tJii<; Pamf^lih't can he limi fvoui W. T R. Prrstou, (H'U- eral iiarctaty Provincial Liberal Associaiiou, Toronto. (Toronto : PRINTED BY HUNTEK. ROSE & CO. 1890. , -? '■* . '■v OfOi i*' '•'.** t» -ft t * MVSMMna iMIIl'UnQM . X4«g Bausnii 90 Iaamr 'IlMiiiiMttf 'df PHlditt V0p«rta|gi!il ^I^^^^^^^^^^S B|^^^^^^A^^^^y^ 'V\^^^^^^^A|^^^^^ rfOViMMU BMRimy^p v^pnnHMii - «*SiMli for im BlMlaft." la IMS ... .*^ Thi OaftlMo lili^itiolua B^ioi^ ^ly TIm Tatf Qipvlilt Behoid PoUflgr Sapinte Sibttob, ObMg* of liol#ig in Oontoate ••• ••• ••• ••• :V" M 8 8 18-81 The BribtiT Oow^ptany V>i^>*i^^^*MA 4ltOlA«rto^k^^ ^4<>fl^ <» i W88'i M b n ltm ft^ mi » mmSk.* * »■* a' ;^r?r 1»,5* rj»»,^n-y '^tlt-**! ^^JsV" » 1^ «•# 44-6S S»>71 **« 84-38 4-188 180 141 143 ^^ }M UB ^ in ' IM 186 188 188 THE "RECOR/ID OF THE MOWAT GOVERNMENT. EIGHTEEN TEABS OF PBOaBESSIVE LIBERAL LEGISLA- TION AND ADMINISIBATION. 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 af&irs 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- tions, and that there has not, in all that time, been one chai^ of corruption worthy of the time spent in its discussion, which could be sustained, must surely commend itself to all who desire to have the affairs of their country wisely and honestly' adTfiinistered. 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 citizens of a common country ; and the bad faith of this attack !r"**tt^+-''-.#^^C*4' :■ TUE MOWAT GOVfcUNMKNT. *fei \m m I*, 'V^ t''-^ ; is none the less manifest from the fact that it is made by parti&<) 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 groatd of proportionate nuQieri- cal strength, no pandering has be«n resorted to for politioai 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 coumtrymen on the ground of their religion. These matters will he discussed, in their proper department, in a subsequent portion of this book. Reference has been made to the long term of administration of this Governmeot 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 eit.her 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 I9th. 1783, until March Uth, 1801.* At this date that term has already been exceeded in IL-n. Oliver Mowat's experi- ence. Thus has the longest record in the annals of British parliamentary government been distanced by this Canadian statesman, whose personal character and administrative record are without a stam. 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 found classified under appropriate headings. * Todd'* Puliameat tj GovemntttDt, pages H3 and 14S. y parties election hat they power in 1 to them privilege isistency, has been nuQieri- politioai gment of id in the 1 decries le enjoy- of their rtcrs will ; portion ration of of the Agement as never Mother to this Y of the ecombei- lat term experi- British anadian 1 record or safe hat the bring to heir use ,ed from the past >e found THE MOWAT QOVERNMINT. 9 LldlSLiTIOX. Private Billa. All acts of Parliament are divided into two claMea, "Public" and "Private," and it will be convenient to consider the latter first It ia difficult to draw any sharp line of distinction between the^ 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 purtira the right to erect bridges ; to make tuilipike roads or rail- roads ; to construct harbours, canals, locks, c'lams, slides, and simi- lar works ; to run ferries ; to form joint stock companies ; or generally, to exercise any exclusive or peciuliar privil^rra what- ever, or to do anything that would affect the rightB or property of other parties. With respect to this kind of l<^lation, Mr. Bourinot, in his "Parliamentary Proceduie and Practice," makes the following remarks : '*In a oonntry like OmumU, with ita immense extent of territory, and var- ied material reMnroee, private bill legislation muat neoeMarily form a very important pari of the work of the Purliament and the Logiuatima of tfaie Dominion. One of the ad?anta£[ee of the federal union haa bean the diatri- bation amotagat leveral legislative bodies of an immense amount of woric that otherwise would have embarrassed a single legislature. * • * Snoe 1867 the Dominion Parliament has passed more than 1,M0 Aela, of whidi 650 have been for private objeota in the parliamentary aenae of the term, that ia to aay, for the incorporation of railway, land, inamcaaoe, and other companiea and bodies, many of which illustrate the development of the country from a material, intelleotuaL and social point of view. Daring the same period the Legialatnres of the Provinces of Oanadahave nasssd between 6,000 and 7,000, of which upwards of two-thirds relate to looal or private objects. Theae figurea show not only the legjislative actiritj of Canada, but the value of local or provincial freedom of action in all matteca that neeeasar- ily and properly fall within the constitutional functtona of the several Leg* islaturea." The above figures included the legislation of 1884. In the six years since that period the number of private bills passed by 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 BUU V Public bills are intended to have " a public and general oper- ation ;" they " concern the whole community though only in a particular matter." Some of them are introduced into the L^nsla- tive Assembly by Ministors of thd Crown, and for these the Min- THE MO WAT OOVEBNMBNT. I V h \i \atry are, of course, directly and collectively responsible ; they are indirectly but no less fully responMible for such public bills, in- troduced by private membei's, 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 whoso auspices, all Public Statutes are passed, should be collectively possessed of great legal, business, and parliamentary experience. The character of the public general Acts pa»sed since 1872 is the best evidence that these qualities have throughout its long regime 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. PAKLIAHKNTARY INSTITVTIONS. 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 of the Lieutenant-Qovemor." Tb*.s power it has from time to time freely exercised, and tbo changes may have been steadily in the direction of popular government, but have boen at the s^me time so well-considered that the current of progri3ss has always been smooth. A political revolution has taken place, but so quietly that only close observers are in a position tc» 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 Assemb]-^, and (2) to the representation of the people in Parliament Qualifi/jatic»n of Electonu \ 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 cKvsupantsof real proper- ty to the value of 8400 in cities, S300 in towns, and $200 in townships and incorporated villages. The franchise was a 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, noi 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 QoT* THB MOW AT OOVEUNMBNT. 6 erameni were as rapidly aproaching the principle of "Manhood SufTrago," which would confer the suffrage on all inah) suUj'^cts of Uor Majesty the Queen who had arrived at the age of manhood, unless legally disqualified or, prohibited, irre- spective of property or income qualificatioi}. They followed their liberal legislation in this direction, in 1888, by the intro- ductxon of an Act for that purpose, which was passed, and is now the law of the land. This grand measure is entitled, "iln ilc( to evlablish Manhood Sufrage for Vie Legislative Asaemhhj ; " and its simple enactments remove all bar to the exercise of tha franchise, 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 admini^^tration, and its confidence in the judgment of the greatly enlarged con%tituency which it invited to pronounce 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 Fi anchise Assessment Act of 1889, both of which were supplementary to the " Manhood Suffrage Act," and intended to supply the means, as to registration, etc., for the carrying out of its provis- ions. No British subject, 21 years ol ., thus, needs hereafter be deprived of a vote in elections for this Assembly. Jiegiatration 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 votera' 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 speciued 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- THB 1 OWAT QOYERNMENT. izinghim to correct mi/itAkes without application having been previously made for that purpose, and to do this according to the evidence submitted to oim. 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 " Voters' 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- ing under uiese 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 Vetera' 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 Elections. 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-'jplaces. 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 meaaure, 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.'te 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 proceedinji^ in a scirutiny of votes. The charge that there had been cases of discovery of how votes had been cast, excepting in THE MOWAT QOYBRhMENT. iiff been rding to ich took method " Voters' ig taken n' BonB." one coin- that be- er to ap- er's son's ists Act, revising lity with lired the :h candi- ivhom he specially )e of dis- kUot was mring to sssing all "om time position, did not mearsure, one, was s shown, 3 that in at under could be t system tified by here had ipting in cases of scrutiny, was absolutely unfounded. Every official is sworn to secrecy ; and the ballots, as soon as counted, are sealed up, and returned to the proper officer of the Crown, who is also sworn, unless in case thev 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 way 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 ^he law. The Act has been in operation for fifteen years, and noca. e: of a disclosure of a vote has ever been complained of. Tlie restrictions just referred to were made still more eff'"'tive in the session just brought to a close, by the Act to ami -^ the Election Act as to Seceov of Voting. In addition to ihe strin- gent forms of oaths to be taken by every official connected with the polling or I .idling 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 Hou&e of Commons Ballot Act furnishes a form of absolute secrecy in vot- ing, the opinion expressed by the Hon. Mr. Chapleau, Secretarj' of State, in a recent discussion in the Dominion Parliament is worthy of consideration : *' Mr. Ohapleau said, . . . The hon. member for W«it Darham (Mr. Blakv) has stated that there were doubts aa to the absolute seorei^ of the votes given under the present system. 1 have no doubt that if people wish to know how others have voted, they can find out, in a great m&ny cases, especially with regard to those who have not sufficient edooation to take their papers and give their votes^emselves. If there be connivance be- tween the voter and the election agent, the voter may, by making hia cross in a certaia way, sho^ 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 stufled 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 secority to the voter." — Eav$ard, pogre 2621, 1890. The following may be quoted on this subject from the Toronto $ THE MOWAT GOVERNMENT. Telegram of Mairch 7th, — a paper certainly not actuated in its opinion by friendliness to the Ontario Govemraent : — " Ai it stMids, the Ontario ballot sot ii an improTeiii««iit upon the lyitemk that goyem Dominion and Municipal eleotionn. The proviuon for number- ing ballot* it ii ugued enables partiaan offioiali to traoe the choice of the voter. The Attorney- General ^arcia againit this offence by placing d^utv- retuminff officers under obligation to respect the secreo/ of the ballot. Oaths do not aiwrny* bind excited partisans. .The men who are bad enougn to seek to identify the Toter by the number on his ballot paper are qualified to profit by the opportunities which the Dominion and Municipal systems offer for spoiling ballots and stuffing ballot-boxes. " It 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 way by which bad votes can be judicially substraoted from the total of a e«ndiaate 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. DispvUed Elections, The election law provides that an election return may be dis- puted on technical gi-ounds, if the conditions prescribed have not been 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 reason to believe that the member-elect is the choice of the people. The cystem of trying election petitions by Uie 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 excusaUe 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 a^ect 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 1S84< makes further THE MOWAT GOYBBMHEirT. 9 provision in the same direotion. It provides that elecftion trials shall be continued from day to day until completed ; that when polling at any place has been interfered with by a " riot or other emergmcy " on the day appointed, it shall be resumed on the day following, and continued from day to day, if necesefary, until the poll has been kept open the ormnary length of time ; and that " it is the policy of we election law " that no election ikhall 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. Concun'ently 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 188 (•, in the latter case making betting on this 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, though the betting was done with his money. Redistnhution 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 America Ac./ 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 Dominicm 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 separat°i 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 Province. The County of Huron was divided into three districts, instead of two ; the district of Both^ell was abolished jgg^ t^ii^gggiglgf^^^^^^ mEmBBamam!^ IBS 10 THE MOWAT QOVSBNMEMT. and two members each were given to Lambton, Ekisex and Rent ; a new district (since made a county,) of Dufferin was created out of parts of Simcoe, Grey, Wellington, and the district of Card- well ; to Qrey and Simcoe were assigned three members each, instead of two ; a new district was ci'eated 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 increaoe 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 ohow any injustice, or any distortion of ridings as to geographical convenience or population. The extieme 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 population, 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 Qrenville, allowed one member each, instead of three members for the two together. Parry Sound district, separated from Muskoka, aud created an electoral district. ,, N THE MOWAT GOYEBNMLNT. 11 Cornwall towD and township, re-incorporated with the County of Stormont for electoral purposes. Toronto, allowed three memhem instead of two, the contiguous town of Parkdale, now a part of the city, being add^ 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 Wellington, and the name of the Centre riding changed to the East riding. Similar changes in the three ridiugs of Qrey, the former East riding becoming the Centre riding. Minor changes, without any changes of name, in the two ridings of firant, the district of Brock ville, the district of Card well, the county of Dufferin, the county of Feel, thei district of Kingston, the county of Frontenac, the county of Addicgton, the two ridings of Elgin, the Elast 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 Qrenville, thus modified, were the two smallest in population of thoso in the older parts of Ontario, the former having a population of but 9,904, and the latter of but 12,929. Efect of the Changes. . The aim of these various 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 have for their object a fuller recogniti; u of those boun- daries in localities where municipal readjustments had already taken place, as, for instance, the transfer of the township of East Luther from Centre Wellington to Dufferin. Collectively they improve greatly the electoral map ot >,h9 P*rovince, 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 rarkdiale were together allowed three members, but each elector H TnE MO WAT GOVtRNMKNT. waa by the Act limited to two votes. In the words of the Act (section 10, sub-section 4e) ; " At a contested election for the elec- toral district of said city, no person shall vote for more than two eandidatea*' 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 18G7 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 1885, 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. 6o 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 plan 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, QiSi well as those known as " three cornered,'' on account of the liiBltation placed on the elec' r 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 eveiy 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 1,620,831 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 between 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 16,804 Simcoe 18,437 Huron more than 16,000 Perth do 16,000 Essex do 14,000 THE MOWAT GOVEHNMENT. 18 the Acfc he elec- han two resenta- lencies," s la use le Con- bodying ihed by means Dembers iB, being system, feeling Ministry i useful aember- Britain >er each, Lown as ) elec^ r le when pressing ^e insti- experi- )r doing icy " of only in )f 1871 net in- diately H, was [>ut the 04 37 JO )0 York and Toronto more than 37,000 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 Results, The following table shows the increases of population in the affected constituencies in the ten years ending 1881, with the additions to their representation under the present Act : — Old Electoral Divisions and Population. 1871 Algomci* 6,007 Bruce, South Bruce 39,803 North Bruce 26,536 Comtffall. Cornwall 9,904 Stormont 13,294 Leeds, Orenville atwl Brockville. South Leeds 18,325 Leeds and Urenville 12,929 Greuville 13,526 Brockville 16,395 t^iincoe, Cardwell and Peel. West Simcoe 26.120 East Simcoe 24,118 South Simcoe 17 355 Cardwell 17,993 Peel 16,387 Brant. Simth Brant 21,975 M-»rt,h Hrant 11,894 New Electoral DivisioDS and Population. Algoma. 1881 20,320 Dlyjdfcd Into 2 Dtvl'long, Algoma W. *Algom% E. Bruce. South Bruce 23,394 North do 20,196 Centre do 21 ,628 Cormoall. Stormont (including Cornwall) 23, 198 Leeds, Orenville aiul Brockville. Leeds 20,759 Orenville '. . .22,741 Brockville 17,724 (Simcoe, CardvvU and Feel. West Simcoe 20,134 East do 20,382 Centre do 17,407 Cardwell 22.357 Peel 21.697 Brant. S uth Brant 19,084 North do 14,785 *A census wa.« taken of P^trt Arthur on its becoming a town in 1881, under the authority of the Council. The population was returnetl at about 6,000, an increase of 4.721 over 1881. 14 THE MOWAT GOVERNMENT. Dufferin. Dufferin 20,536 Addington, FrotUenae and KinggUm. Addington 23,470 Frontenao 14,99? Kingiton 14,091 WelliTujton. Wen Wellington 24,978 Centre do. 19,640 South do 2D,279 EMt Grey. North do. Soath do. Grey. .23,781 .25,631 .21,127 East Elgin. West do. . Elgin. .27,473 .14,888 East York West da York. .23,312 .18,884 North Essex. South do. . JSssex. .25,659 .21,303 Ontario. North Ontario. South do. . .28,434 .20,378 South Victoria. North do. Victoria. .20,813 .13,790 London and Middlesex. London City , Middlesex East 19,746 30,600 Dufferin. Dnfferin 22.086 Addington, Frontenae and King»ton. Addington 16,605 Frontenae 16,385 Kingston 19,564 WeUington. West Wellington 1 8,892 Centre da 16,385 South do 22,237 Orey. East Grey 24,522 North do 21,488 South do 24,529 -feVf/iu. East Elgin .19,848 We st do 22,580 York. East York 15,996 West da 16,762 Essex. North Essex 23,657 South do. 23,307 Ontario. North Ontario 20,917 South do 27,895 North Perth. South do. . Ferth. .32,915 .20,778 District of Muskoka and Parry Sound.. . , Victoria. South Victoria. 18,289 North do 16,323 London and Middlesex. London City .23,636 Middlesex East 26,710 North Perth. South do. . Perth. ..29,560 .24,lb3 Muskoka Parry Sound. Districts of The Dominion and Ontario Redistribution Bills Compared. It is a favorite retort with supporters of the Opposition to declare what they are pleased to term the " Gerrymander " in 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 whejbher this tu quoque argument can hold. The Dominion Government, in framing their notorious Gerry- mander Bill of 1882, practically abolished, wherever it was thought TAB MOWAT GOVEBKMEKT. 13 ■ 22.08g ngiton. . 16^605 .16,385 .19.604 .18,892 .16,385 .22,237 I in their interest to do so, county municipalities. Thev over-rode and broke down county boundaries ; threw sections of t>vo, three or four counties, having no interests in common, together for electoral purposes ; and so cut and c&rved 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 iuljoining counties into one riding with an overwhelm- ing Reform majority, thus wasting hundr^ of Reform votes ; and the third that of making all other ridings, that is, the large majority — by the elimination of Reform townships, Tory, with well -assured majorities. The Ontario Government, in framing their measure of 1884, on the other hand, kept five points in view : — First, to increase the Aggi*6g&te membership as little as possible ; second, in no case to break down county boundaries ; third, not to divide townships or other municipalities ; fourth, always to move in 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. £rmatinger, the member for East Elgin, by the change of St Thomas from the East to the West Riding, and Col. Qrey, 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 leam or carry in his mind the municipalities comprising the lew constituencies. He was desirous only, as he claimed, of equalizing ike constituenciea. 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 under the average of 20,905. 16 THE ICOWAT GOVKRNMBMT. 26 under. 19,000 ' 22 under. 18.000 14 under 17,000 9 under 16,000 5 under 15,000 Sunder 14,000 lof. 12,423 There are also : 11 over 21,000 9 over 22,000 6 over 23,000 4 over 24,000 7 over 26,000 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 Gerrymander, had a population of 24,732 ; after, 24,778; or an inc tease 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^^oiih Oxford. 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 139 votes. It was left with a popula- tion of 3,479 above the average. South Wellington. The boundaries of no fewer than three counties were broken in re-aiTanging this constituency, by which a populaticoi of only 901 was added, equal to a voting power of 1 28. \ THE MOWAT OOVBRNMENT. 17 Haldimind, 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 chancter, 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 & Orenville. .12.423, or 8,482 below the average. 2. South Gienville . . . . „ 13,526, or 7,397 " 3. Brockville 15,107, or 5,798 « 4. Frontenac 14,993, or 6,912 " « 5. Kingston 14,091, or 6,814 '* 6. West Peterboro* 13,310, 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 27,1 83,. or 6,278 in excess of the average. Centre Wellington...26,816, or 5.911 in excess of the average. Welland 26,152, or 6,247 in excess of the average. Noi^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 averse. North Wellington. .26,024, or 5,119 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 Qerrymander was not so mudh to "equalize the population" as to "hive the Qrits," in order, in all future elections, to secure their defeat '''^^^ ""^i 9 18 THK MOWAT QOVKRMIIENT. MUNICIPAL INSTITUTIOHS. Municipal inBtitutions form one of the most interesting and im- portant features of our system of self-government. Tney were for a long time after their first introduction into Upper Canada somewhat crude in form, and many Statutes amending the muni- cipal law were passed hy successive Parliaments 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 persoral direction of the late Hon. Adam Crooks. Order was brought 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 Beauon we made provision for f Militating the work of self- government by collecting all the varioas Acts relating to our municipalities. These Acts were scattered through the statute books of several 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- jeot than any other lawyer or judge— said, * THAT THESE ACTS WERE THE MOST COMPLETE AISD 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 kind 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 required 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- pal elections, and the method of preparing and revising the voters' THE MOWAT OOVERNMENT. 19 lists for parliamentary elections, which had been embodied in the Voters' Lists Act of 1874 and 1876. These three measures have done much towards preventing the iiregularities 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 tc, would be a very long one, including, among others : The extension of the municipal system, with suitable modifi cations, to the districts of Muskuka, Parry Soul J,!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 paving 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 Mayiprs of cities and towns by popular vota The consolidation of the assessment law. Limitation of exemptions from municipal taxation. Extension of the municipal franchise to income voters. 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 baling houses ; for construction of sewers and water-works ; for removal of obstructions in rivers, etc. ISM'MMIWU 20 THE MOW AT GOVRKNMKNT. In the following year, 18H8, the amendments to the Municipal Law included provisions respecting separations of counties ; qualifications of members of council in villages and townships ; {)ubli8hing assets and liabilities ; bonusing manufactories ; estab- ishing industrial farms and inebriate &sylums ; licensing transient traders ; regulating portable steam engines ; removing obstructions in rivers and strean)s ; 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 ritie associations ; aiding );>ands of music ; contracting for gas or electric lights ; fees 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 affect the general 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 provides 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 price, 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 pass-ed 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. TUK MOWAT aoVfcUNMKNT. SI iunicipal :ountie8 ; vQships ; I ; estab- .ranslent Lructions jr rights, I for ap- )f livery d to ritle r electric jnents of 'or parks I county bap. 28.) ave been A few preven- iT public iment of ing, and ndes for f notices IS to use. lase and provides )f roads, ation of B of pro- money, also, for specting )r muni- unicipal This is a further illustration of this Govern meat's policy of re- turning 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 of a sum not exceeding $4,000 to any cjunty, or union or counties, which may acquire not less than fifty acres of land for an industrial farm and erect thereon buildings suitable for a house of industry or house of refuge for the aged, infirm, and poor of the locality. The Act permits the joining of such municipalitieH, when contiguous, for the establishment oi a larger institution, in which case the same amount is to be paid to each ; and includes in its provisions those municipalities in which such institutions already exist All such establi^ments are to be subject to Provincial inspection. > Eaeemptiona, (i) In the same session^ ■ Act waa passed amending the Assessment Law as to exemptions, by pi^3viding that lands con- nected with churches shall be liable to assessment for local im- provements hereafter made ; that the incomes and dwellings of clergymen shall be assessed for all municipal purposes ; that col- leges and seminaries shall be assessed for local improvements hereafter made ; and that a business tax may be substituted by municipal councils for the taxes on a mercantile business, this substitution to apply to so much of the personal property s^ be- longs to the business, provided it do not exceed 7} per cent of the annual value of the premises in which the business is con- ducted. ^ LAWS RELATING TO LABOUR, Mechanics' Lien. The Mechanics' Lien Act of 1873 was passed soon after this Government assumed office, and was intended to protect mechan- ics, machinists^builders, miners and contractors frqm loss on ac- count of labour or material fui-nished in the erection iof buildings or the construction of machinery. The Act not merely recognizes the new form of liability, but provides the means for establishing and enforcing claims arising under i^. The, original Statute has been several times amended, with a view to ma^e it more sio^ple and peii^ct in its working, two of the most important a^^tend- ments being contained in the following sectioi^ of the Act of \S82: Ill 22 THE MOWAT GOVERNMENT. " The liJBn given by the preceding Section (i.e., one for thirty days' wa^^ea, without prejudice to any other lien the labourer may have under the ken Act), shiul operate, notwithstanding any agrcjinent between the owner and contractor for excluding a lien, and notwithstanding that the labour ia in re- spect of a building, erection', or mine which belongs to the wife of the person at whose instance the work is done." 1 The next section of the Act provides that the lien for wages shall, tc a cfertain amount, have priority over all other liens, and over any claim by the owner against the contractor on account of failure to complete his contract. In 1886 the Legislature amended the Land Titles Act of 1885, for th^ purpose of protect- ing persons entitled to liens against land brought under tne Tor- rens system of registration. Employers' Liability, For some ^ears past in England an, Act of PaHiament has been in force which makes employers liable, under certain circum- stances, for injuries to their employees. That Act was, at the ins^nnce of the House of Lords, limited in its operation to five year&, but it has given such general satisfaction tiiat it will, un- doubtedly, at the next session of Parliament, be made permanent, and will probably at the same dme be given a wider applies ' n. In the session of 1886, an Act was passed by the Ontario Legisla- ture to secure compensation to workmen in certain cases for per- sonal injuries caused (1) by defective machinery or works, (2) by negligence of fellow employees entrusted with the duty of superin- tendence, (3) by conforming to the orders of fellow employees placed in authority, (4), by the operation of the employer's regu- lations, or (5) by the negligence of railway signal-men. The dif- ferent kinds of defects that make a railway company liable are specified, and the maximum amount of compensation is fixed at three years' earnings. Contracting out of the liability is not al- 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 the side of the workman, not "improvident," but "just and rea- sonable." The Act provides a simple method of enforcing claims arising under it, and exempts from its operation for only one 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 Qrand Trunk Railway Company of Canada. An amcndtnent in 1887 istpplied the provisions of the Aet t» THK MQWAT GOYJEENMENT. ti JB' wages, r the hen >inier and ir ia in re- h» person )r wages ens, and count of ^slature protect- bhe Tor- railway companies and employers who had established such provi- dent and insurance «ocieties for their men, even though th« 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 "> ^ 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, tas been circum- ), at the 1 to five rill, un- nanent, icf " n. jegisla- br per- (2) by uperin- )Ioyee3 8 regu- he dif- ble are ixed at not al- L being ) opin- nd, on d rea- claims ly one insur- irpro* npany Aet ta "Aa 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 beiug 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 tho uncertainty having failed, the necessary proclamation was issued in October, 188tf, and the " Ontario Factories Act, 1884," became law. It provides, amongst other things, (1) that the em- ployment in a factory of a child, 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 machinery, and other sources of danger to employees shall be properly guarded; (7) that each factory shall be supplied with the means of extinguisning 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 through fire or accident. The Act clothes the Inspector with the powers necessary to enable him to dii^charge his duties efficiently, and provides a timple means of enforcing its provisions. Appended to it is a achodule containing a list of the different kinds of factories that S4 THE MOWAT QOVERNMBNT. 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 Oaiette. The putting of this admir- able measure into operation places the factory labourers of Ontario in as good a position in the matter of protection as is enjoyed by such labourers in any country in the world. In 1887, an Amendment was passed, providing that boys 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 1888, 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 hours mentioned in the application. This has the effect of shortening the hours during which children and young 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 Ad. 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 : — " Where^ fr^<)uent accidecti tor»ilw»y lerraintB and othernMW ooonsioned bv the negleot of Railway Oompaniea to provide a fair and re^MMt^bU i^eMure of protection against their ooonrrence ; and whereat a prqper oonitruction of railway bcidgea, and certain preeiiatioaa iik the oonatniotion and maintioiMmoe of raUwa]^ fi^> wing>raila, gnard-rails, andireight can would gfiallyle«en» if not entirely prevent, the happening of luoh acoidenta." c\ ii H b| b I THE MOWAT GOVERNMENT. 26 The Act goes on to specify the improvements which railway companies are requirid 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 they 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 compelled to make proper provision for the safety of the public 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. Work and Wages. In 1873 two Acts were passed, one intended to facilitate agreements between masters and workmen for participation in profits; the other intended to facilitate the adjustment of dis- putes between masters and workmen. With reference to these two measures, and the Mechanics' Lien Act passed in the same session, the Hon. Attorney-General Mowat made the following remarks in a speech delivered in Toronto on the 8th of January, 1879: '* We hkve passed laws securing to mechanics, labourers, and others, a lien for their pay on the property on which their labour is expended or their 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 business in which they may be engaged. The object of that law is of great importance to the working classes. It is by lach means that their status is to be raised. Those who have given attention to this sub- ject seem to be unaware of any method by which so large an amount of good can be looked for to the great mass of our working population as some method which may enable them itomehow to share the profits of the business in which they are employed. In framing these laws we had the advantage of what had 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 have also pp'jsed a law to facilitate, by means of a machinery found useful elsewhere, the amicable settlement of disputes between employers and em- ployed. " In 1880 an Act was passed for the relibf of Co-operative As- sociations, experience having shown that a relaxation of the former law was necessary in two respects. This Statute increases the maximum value of the shares any one member may hold from f' jSq THE MOWAT QOVBRNMENT. $400 to $1,000, and authorizes associations to incur adebt^ 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 the remainder of the amount due them. 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 viitually 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 coming into Canada of such other person whose labour or service ia contracted for, shall be void az^d 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 previou3 agreement, free to break his agreement after his arrival here if he sees fit to do so, while if he chooses to ojbserve the agreement on his part, he can hold his employer to it also. The object of this legislation is to discourage the practice of advpncing mone}" to foreign labourers to pay their passage into this Province, by making it impossible for the employer to recover the sum 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 salary due to a labourer, mechanic, or servant, shall not be liable to seizure, or attachment, or garnishment for debt, unless the 8\im due to him exceeds $25, and then only for the amount of such excess. The ob- I THE MOWAT GOVERNMENT. n ject in view is to prevent the wage-earner from being left entirely penniless, a reasonable relief in view of all that the law has done for other classes of debtors. Workmen Allowed Time to Coat Their Votes. " The Franchise and Representation Act of 1885 " confers the right of voting on practicably all wage-eamets who are residents for a suflicient time in one district, for the amount of wages which entitles a man to be placed on the voters' list is only $250, and a part of that may be in the form of board and lodging. To many persons 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 diflficulty. With a view to removing tliis obstacle, the Legisla- ture in the session of 1886 enacted that " any voter entitled to vote within a city or town, shall, on the day of polling, for the purpose of voting, be entitled to absent himself from any service, or employment " for the two hours between twelve and two in the middle of the day, without making himself " liable to any pen- alty, or to suffer or incur any reduction " of wages^ provided that, if his employer requires him to do so, he shall afterwards make up for his absence by an hour of extra work. .-r«: shiiU 28 THE MOWAt aOVERNMBNT. •v^m^- Si ATTORXEYGBNERAL'S DEPARTME.^T. This has been presided over by Hon. Oliver Mowat for eigh- teen years without interruption. Upon him personally has de- volved the duty of prosecuting the claim of the Province to the dis- puted territory west and north, about half the Province, and to the land, timber and minerals which it comprises. The struggle over the Boundary Question, which is fully described on succeeding pages, was made by Sir John Macdonald an expensive one for the Province, and an onerous one for Mr. Mowat. Apart from the 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 this clear: Law Reform. This department of Legislation is under the personal direction and L'lper vision 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 sense entitled to whatever credit is due for improvements made in the system of administering justice. For originating and carry- ing into operation reforn-j of this kind, Mr. Mowat is pre-emi- nently fitted, not merely: by great natural ability and an unusually long and varied professional and parliamentary experience, but still more by a judicial cast of mind and a rare combination of progressiveness and caution. He was a prominent and active member of the old Legislative Assembly long before Confedera- tion, and was at the same time in the enjoyment of a largo prac- tice at the Bar. For seven years before assuming the Attorney- 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 hks been, by the discharge of its duties, made increasingly familiar with the whole machinery of the administration of jus- tice, criminsA ■«! -veil as civil. cv^ance and beneficial character of the reforms ' '"ad in the law during his rSgime can be fully I • • f> tjareful student of the whole Statute Law of 1872. He had laborious and extra duties caused by the necessity of defending Ontario against attacks made apon her territorial and legislative rights by the Government of The^ that b >• appreci. the Provii. m^m THE MO WAT GOVERNMENT. 20 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'^elve years he was engaged in resisting unjust and unwarranted encroachments on Provincial rights in the liquor license case, the rivers and streams case, the esdieats 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 department again to p. jurist who has shown so much capacity for conducting and improving it. The attacks made on Provincial Rights he nas 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 affecting the status of the labouring classes, the Acts regulating the traffic in alcoholic liqur^rs, etc. Administration of Justice. The constitution and conduct of the Courts is not made a ground of complaint. This fact, with an opposition anxious to disc(jver any points of defect in legislation or administration, cer- tainly suggests the perfection of the service. The giand 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 effect 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 C(Jurts 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 — 80 THE MOWAT QOYERNMENT. the old distinctions bein^ 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 xL the amendments which are promptly introduced as often as called for ; and to-day, thanks to tne wisdom and energy 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 a^e 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 efiect of eliminating the repealed i<>^islation, and of consolidating and arranging, under a most excel- . jt 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 (town 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, inciudiHg the investigation of complaints made in respect to the conduct of magistrates, the prosecution of criminals both for ofiisnces committed against the laws of the Dominion and for th'ose 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 oflfences 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 mu t be bo made ; also applications to be re- THE MOWAT GOVERNMENT. 31 lieved from forfeiture of bail-. This Department has a great deal to do with both, especially the latter. These can be favoarably 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 insufficiency in the proceedings before these officers, are very numerous. In many of these, this Department iinds it necessary to make enquiry and to intervene. Cases of difficulty are also from time to time reserved by Judges at the Assize and other Criminal Courts for the opinion of the Judges of the High Court, sitting together at Toronto ; and these ar^, wherever practicable, argued by the officers of this Department. To the Attorney- General also belorgs 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 Per'ce, Police and Stipendiary Magistrates, Coroners, County Attorneys, and officers of the various courts in the different counties. 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 before them ; and advice is constantly required by County Attorneys, Crown Counsel, Coroners, and all others em- ployed in the administration 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. The manner in which the work of supervision has been carried out 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 MMi 32 THE MOW AT OOVEllNMENT. the Attorney-Oenerars 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 impo.'-tant of these, but on account of the length of its description it may be convenient to consider othei's first. 1. The Insurance Case. An Act was passed in 1876 "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 conspicuously 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 operating under charters not granted under Provincial authority was contested in the well-known cases of Parsons v. The Citiaens Insurance Company, and Parsons v. The Queen Insurance Company, and the question of jurisdiction \/as finally decided by the Privy Council in favour of the Statv e The judgment in thefce cases, in 1881, is one of the most important ever delivered in 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 within 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 to the 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 Government. Attorney-General Mowat stoutly con- tested this claim on the part of the Province. The case was TUB MOWAT GOVERNMENT. 83 carried to the Privy Council, and that tribunal decided that escheated lands belonged to the Province, under section 109 qI the British North America Act. The question as to escheated personal property has not yet been finally decided. 3. The Rivera and Streams Case. The principle involved in the suit between McLaren and Cald- well was the right of a riparian owner to obstruct the passage of timber down a " floatable ' stream. McLaren asserted this right over p'arts of the Mississippi River, and Caldwell denied it. Ihe Ontario Legislature, with a view of settlingr the dispute in the public interest and uriUfSW prejudice to either party, passed the Rivers and Streal4)i .,i^^<6f 1881. This was three times dis- allowed by the DnJUiMii' Qovernmcnt, 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 intisrferor^e, from 1867 to 1883. In the latter year the Dominion P;*,rliament, 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, and then of the Privy Council, declaring the McCarthy Act unconstitutional and void. 5. Boundary Case. For a term of no less than six years, prior to the setting aside of their pretensions by the judgment of the Privy Council, the 84 THE MOW AT OOVEHNMKNT. Dominion Government were encaged in a i)er8i.stent attempt to de- prive Ontario of her awarded title to a large expanse of territory in the northern and western parts of the Province, and also of her title to the land, the timber, and the minerals compriHed within the disputed area. The controversy as to the location of the northerly and westerly boundaries of this Province began in lb71, 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, and expense would have been saved. The following summary ot the case will show the nature of Ontario's claim, the steps taken by the Mowat Govern- ment to make it good, the obstacles^ tt|ifilll(||, ,[11 their way by the Macdonald Government at Ottawa, <^^,|Dft4fctitude of the Con- servative Opposition in the OutariO(||^||g[|^ure towards the question : 1. The auutherly and westerly boundaries of the old Province of Quebno were defined by the Act uf 1774 to be the Ohio river, westward to the banks of the Mississippi river, " and northward to the southern boundary of the territory granted to the merchant adventurers of England trading to Hud- son's Bay." The Act of 1791 divided that Province into Upper and Lower Canada by a line drawn due north from Lake Temiscaming 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 Ads, 1774 ^^ 1791). 2. By the Confederation Act the Province of Ontario is declared to be the art of Canada which formerly constituted the Province of Upper Canada B. N. A. Act, 1867, section 6) ; and the a '.mission of the North- West Terri- tory into the Union was made subject to tiie foregoing provision (section I46.) 3. For a number of years prior to the acquisition of the North-West Terri- tory, Buooessive Goyernments 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 a vNarded to«&ntario in 1878.) 4. A minute of the Canadian Government, dated 17th January, 1857, ap- proved by the Governor-General, asserted the general feelipg in this country to be, that "the western boundary of Canada extends to the Pacific ocean,'* (Ontario Boundary Papers, 188%, p. 2). 5. In a memorandum of Hon. Joseph Cauchon, Commissioner nf Cix vn Lands in 1857, it was contended that under the Hudson's 'Bi.y Ooropaiiy's charter it was difficult to arrive at the result that the Company had at-f ter- ritorial rights at all in the North- West (0. B. P. p. 20) ; that the '.vesterly boundary of Canada was either the White Earth River, several hundred miles west of the Lake of the Woods, or the summit of the Rocky Moun- / tains ; and that the northerly boundary was either no particular limit, or the shore of Hudson's Bay (p. 24). 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 on the subject of the lludson^s Bay territory (0. B. P. pp. 4 'i^ ^- Judge Draper advised a reference of the question to the Imperial Privy Council for decision, and he confidently S THE MOW AT GOVERNMENT. 85 hoped that luoh deoiaion would give to 0»n»d» " a dear right west to the line of the Miusiuippi " (p. '-7) ; but for the purpoee of tuoh referenoe " the ooDient of both parties would be indispensiibfe " (p. 67). 7. In 1864 a report of the Executive Council recommended ** that the claim of Canada be aaaerted to all that portion of Central Dritiah America which can be ehown to have been in the posenMion of the French at the period of the cession, in 1703 " (O. B. P. , p. 101) ; and in n second report on the same subj'JCt it was intimated that " the districts on ti\e Red River and the Baa* katchewan are among those likely to be desireti for early occupation" (p. 103). In 1866 a similar report was approved by the Governor- General, as- serting that Canada had always disputed the title of the Company to the fertile belt, a tract of land described as "stretching along the northern frontier of the United States to the base of the R'xsky Mountains" (p. 118). 8. In 1867 a joint address of the House of Commons and Senate of Can- ada was presented to the Queen, praying that Rupert's Land and the North- West Territory might be admitted into the Union under provision of section 146 of the B. N. A. Act (0, B. P., p.l28). 9. In 1868 two members of the Government, Sir George Cartierand Hon. William Macdougall, were sent as delegates to England to arrange terms for the acquisition by Canada of Rupert's Land (O. B. P., p. 14^). in a joint address to the Under-Secretary, and in replying to an assertion of the Deputy-Governor of the Hudson's Bay Company, that the country between Lake of the Woods and Red River was "the freehold territory of the Com- pany," the dulesates declared that " Whatever doubt may exist as to the utmost extent of old or French Canada, no impartial investieator of the evi- dence in the case can doubt that it extended to and included the country between Lake of the Woods and Red River " (pp. 160-1). 10. Rupert's Land and the North-West Territory were admitted into the Dominion by an Impenal Order-in-Counoil approved 23rd June, 1870 (O. B. P., p. 200). 11. In 1871 an Act of the Imperial Parliament was passed giving to the Parliament of Canada authority from time to time, with the consent of the Legislature of any Province, to increase, diminish or otherwise alter the limits of such Province (O. B. P., p. 206) : and in the same year a joint Commission was appointed by the Governments of Ontario and the Dominion to determine the boundary line between the Province and the North- West Territories (pp. 206.9). 12. In October, .1871, a report was prepared by the Dominion Surveyor- General, at the request of Sir John Macdonald, in which it was contended that the westerly buundary of Ontario was a line drawn due north from the confluence of the Ohio and Mississippi Rivers, and the northerly boundary the water-shed between Lake Superior and Hudson's Bay (0. B. P., p. 211.) The Dominion Commissioner was instructed to trace and survey the bound- aries according to the terms of this report (p. 218). The Ontario Govern- ment refused its consent to laying down the boundary as so de6ned, and its Commissioner was instructed to take no further action {pp. 226-7). This boundary would have deprived the Province of all its territory west of Port Aj-thur. 13. In May, 1872, Sir John Macdonald proposed to refer the dispute to the Judicial Committee of the Privy Council (O. B. P., p. 231) ; the On- tario Government, without refusing this proposal, made the counter sugges- tion of a reference to a Commission sitting on this side of the Atlantic (p. 233), but this the Dominion Government refused to accept (p. 238 ; see also p. 437). The suggestion of a referenoe to the Privy Council for any purpose 36 THE MOWAT OOVEKNMNET. oonueoted with the boundary wu not referred. to again by any Dominion Ooyemment until the year 1882. 14. In 1874 the Dominion and Ontario Qoyemments concurred in referring the dispute to three arbitrators— one to be named by each GoTernmeut and these two to agree upon a third, not being a resident of Canada. Orders- in- Council were passed by the respective Governments in which referees ware named for the purpose, whose decision (or that of a majority of them) on the boundaries should be final and conclusive, and a pledge was given by both Governments to obtain such legislation as might be necessary for giving bind- ing effect to the decision (0. B. P. pp. 24U-7-d). Similar Orders-in-Counoil were passed in 1878, wheu new arbitrators were named (p. 266). Informa- tion with respect to the progress of arrangements was from time to time com- municated to Parliament and the Legislature (p. 442). 16. The arbitrators met at Ottawa in August, 1878, and after hearing the arguments of counsel on both sides they made a unanimous award {O. B. P., ' pp, 304-370). Their decision, as stated by Sir f'rancis Hincks, one of the arbitrators, was arrived at "after a eareful study by each arbitrator of the evidence in the case, and without previous consultation or communication of any kind with one another" {p. 409). "The only questions of doubt were decided in favor of the Dominion" (p. 431). *' I believe," Chief Justice Harrison, another of the arbitrators, wrc^e, " there never was an award made in a matter of such importance that is so liltle open to honest criticism" {p. 424). The third arbitrator was Sir Edward Thornton, British Ambassudor to the United States. 16. The L^islature of Ontario in the session of 1879 pasded an Act (giving its assent to the award (0. B. P., p. 372), and various despatches were sent to the Dominion Government during 1879, 1880 and 1881, urging a settle- ment of the question according to the award, but without eliciting any furtber reply than an acknowledgment and a promise of consideration (jpp. 371^ 373, 377, 403 and 461). 17. In the session of 1880 the Legislature passed a series of resolutions with respect to the award, expi'essing a determination that '* the rights of the Province as determined and declared by the award 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 Govornment 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 nf 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 Dommittee of the House of Commons was appointed to in- quire into matters connected witt to boundaries of Ontario, and after hear- ing a mass of ex patte statements, -.ot under oath, this Committee expressed the opinion that the award did not describe the true boundaries of the Pro- vince (0. B. P., p. 447). In the session of 18H1 an Act was passed extending the boundaries of Manitoba eastward co the boundary of Ontario, wherever it should be, thus making the Province of M initoba a party to the dispute, in spite oi protests by the Ontario Government (pp. 408-13). In January, 18^2, the Dominion Government addres3t>d 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, thoufl;h expressing a willingness to agree thereto, if the Provinces of Ontario and Manitoba should both prefer such a referenne. The Ontario Government in reply, under date 18ih February, 1882, declined the • THE MO WAT GOVERNMENT. 37 proposals as to the Supreme Court or an English ex Judge, pointed out the advantages of a direct and immediate reference to the Priyy Council, made suggestions as to evidence which would save delay, and ur^ed the ne- cessity of provisional arrangements respecting the government of the terri- tory and the management of its lands, etc., meanwhile. {lb. pp. 472-480, Ont. Se38 , Fap., No. 23, 1882-3.) In the Parliamentary Session of the same year a resolution was passed by the House 'of Comnrons proposing to refer the subject to the Supreme Court or to the Judicial (Committee of the Privy Council (p. 490). Ttiis resolution was coitmunicated to the Ontario Qovem- 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 indt finite proli^gation of the um^ecessary and injurious "dispute, offered no relief in respect of past wrongs ; contained no proposal "for the government of the country pending the delay ; submitted no pro- " posal for the temporary legislatiuti which so extensive a territory will, "from time to timo, 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 consideration ; and failed to show any " 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 mpde an attempt to seize and hold the disputed territovy as far east as Thunder Bay. When this attempt was resisted at Bat Portage by the officials of the Ontario Govern- ment, the Winnipeg Field Battery, 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 Government of Ontarioand 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 December of the sume year, at a conference between the representa- tives of the Ontario and Manitoba Governments, an agreement was ai rived at, providing for a reference of the boundary between the two Provinces to the Imperial Privy Council, and for the peaceable administration of the dis- pute d territory pending the decision of ihe case to be confirmed by the two Legislatures. (Ont. Seas. Papers (>/'1884, No. 3). This was done.j and thePntyy Council ea-ly in 1884 decided i'/t« dispute in favor of Ontario, defining the I boundary as substantially laid down by the arbitrators in 1878. The refer- ence was as to our western bouudary only, Manitoba having no interest in the northern boundary, and the Dominion Government decliniiig to have it included in the reference. . 21. Notwithstanding repeated efforts on the part of the Ontario Govern- mentto induce the Dominion Government to auree 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 t^e same time as the western boundary, in which 'alon^ Manitoba was concerned, the matter would have been settled long before. The dispute had been kept open for the obvious parpose of other attacks on the Province of Ontario. 22. Sir John Maodonald, 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 by assisting 38 THE MOWAT QOVEBNMENT. the St. Catharmes' Milling Company, to which he had made ezteusiTe grants of timber limita, to contest in the Oourte the right of the Ontario Gbvemment to collect duel on timber cut in the disputed territory. Tho case was first tried by Ohaneellor Boyd, and was by him decided in favour of the Province. The Milling Company carried it to the Ontario Court of Appeal, which unani- mously sustained Chancellor Boyd's Judgment, and affirmed 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 tluxt Province in which $uch lands 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 earning the case on appeal to the Supreme Court of the Dominion, Dtutou McCarthy, M. P. Ibr 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 c:»rry their case farther. The resources of the Dominion, however, were at his back, and be decermmed 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 Company in their final at^Msk, 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 Attomey-Gsneral, who is now able to count six victories before the highest Court of Refetence 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 I^eader of the Opposition tor a short time appeared to support the tirst 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 Attomey«General not one word of comfort or assistance in any of these strug(;les for the rights of the Province. And now he comes, with all the assurance possible, to ask the people of Ontario to depose their patri- otic Premier, who has so long fought their battles and so wisely administered their affairi*, and to place himself upon the vacant throne. Are they likely to do such a thing 1 25. Finally, it is a matter of some little interest what would have become of our territory if the friends of our Ontario Opposition had obtained possession. The question needs not go long unanswered. It ia evident that the Dominion Government have fjrom 1878 down regarded the Disputed Ter- ritory as a preserve to be made, a means of rewardin^r its jobbers and partis- ans. The following is a list of the principal Tory M.P.'o, M.P.P.'s, wire- pullers, manipulators, and managers, t^mong whom the timber limits of this territory wore largely parcelled out by the Dumnion Government after the award of the Privy Council declaring the territory to belong to Ontario, with the dates 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 :— THE MOWAT GOVERNMBNT. SO o®JjS3 «- Z -H TS ^ a S-Sf^H r^ii safes fe'l S.-! ^ s'-s n .* •■■ la^l!^ '^'"^Ilifc'IIP . O eS C eS Ifljlil "Si O m, fi 8 S3 3 f O - « Pi I Ah ■StS ^3 ^ V U O .. aJS-r'o WrhV.-'a g«^H,-a=caHH«|£EH-^ja §8385 1 OC' 00 00 < >00X 00 c lii^ 66 X ■ X X c J 5*5 -(^ f^ Xcc JcoCoJ » 00 00 X Q aS SSu} S>oSu5uSS>nu5 a tdSuiSScqS S 40 THE MOWAT GOVERNMENT. And eighty others, including such prominent Tories as : Smith and Muir, Hamilton, St. Catharines Lumber Co., James Isbister, H. J. Scott, T. W. Currier, W. B. Scarth, Hiram Robinson, A. J. Jackson, James Murray, St. Catharines, A, J. Parsons, Kat Portage, McCaul and McDoagall, Mo Arthur 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 32,000 acren 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 manipulator 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 Provincitd 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 they had been true to their Province. Whnn 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 had got it, and how would they spend our money and rule the country if they got into power ? THE MOWAT GUVERMtfENT. 41 depirthent of public works. This Department has been, during the past four Parliamentary terms, under the management of the Hon. C. F. Eraser, 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 sure what the word "jobbery " meant, so he looked it up in Webster, and then had considered that the words ''jobbery" 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 able 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 on^ Mr. Creighton had succeeded in discovering. In the Btupire of January 22ud, 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-duing. Now, continued Mr. Fraser, there could not be a worse charge against the Government or against a Department. Now, in place of making any retraction of a charge against the honesty of the speaker, Mr. Creighton had charged him deliberately — not with having made any personal gain, but with what ■Hlfi 42 THE MOWAT GOVRKNMENT. WM just M bad. It waa no excuse for a public man to say he had not put any plunder in his own pocket — that he had not stolen himself, if he allowed others to do so. Mr. Oreighton must be very stupid, or dull, or obtuse, if he did not see that his explanation thiii afternoon onlv made matters worse. He repeated that Mr. Creighton had charged that he (Mr. 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 can have a Commission, and can have the opportunity of proving what he has charged. I stake my reputation on '«he result." (Loud applause.) The following table gives the amount spent between 1867 and 1889 on the building 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 Buildings and Workr. (C "^ital Account) (1867-188J.; NAME OF WORK. TotaU. GtovemmAiit Honso $ c. 169,563 97 Parliament and Dep rtmental Buildings 85,285 98 New Parliament and Departmental Buildigei, Queen's Park : Asrlom for the Insane, Toronto , 451,781 39 298,258 00 " •• " Mimico Branch 178,097 04 •• ■ •• London 7:^,400 95 " •• Hamilton 663,260 31 " " Kingston. 321,088 22 " (Branch) " " 9,422 82 292,081 72 Asrlnm for Idiots. Orillia Deaf and Dumb Inatituta. Belleville 233,866 80 Blind Lutitute. Brantford 233,616 45 Ref ormatorv for Bovs, Penetan&ruishene. . . , l-JO.Sll 48 Central Prison. Toronto 6(7,671 66 !<44 874 69 Airriciiltural Collecre. Guelnh School of Practical Science. Toronto, (old buildinir) 59,100 26 •• " " " (new bld'Dg and addition) 88,329 54 Andrew Mercer Reformatory for Females, Toronto ti . Airricniltnral HalL Toronto Brook's Monnment. Oueenston Heiarhts 3,636 7« > 9 5,614,229 73 *NoTK.— These items cover the expenditure by Public Works Department in respect of the construction of the new buildings, but do not include the amount paid to Toronto University for the old Asylum premisea. THE MOWA.T GOVERNMENT. 43 Between 18C7 and 1871 the amount spent on these services was $1,213,773, leaving as the expenditure on public works and build- ing, during Mr. Mowat's regime, $4,400,456. During the past nineteen years the Public Works Department has been charged with the duty of seeing that the conditions on which aid had been granted to railways, out of the Provincial treasury, were complied with before the subsidy was paid over, and also with a similar duty in respect of drainage works, for the execution of which funds had been advanced by the Province. Both of these duties have been discharged in a perfectly satisfac- tory manner, not a single charge of perfunctoriness, incompetency,, corruption, or political favoritism having ever been set afloat by anybody in connection with this branch of the administrative work of the Department. I; I y 44 THE MOWaT government. OEPABTMENT OF CROWN LANDS. The management of the Crown lands, timber, * minerals, and colonization roads was in the hands of the late Hon. T, B. Pardee continuously till his retirement on account of declining health in 1S88. At the close of his long and highly successful management, he was succeeded by the Hon. A. S. Hardy, recently Provineial Secretary This Department has been, probably more than any other the subject of criticism, and of Parliamentary investiga- tion. Session after session the time of the Public Accounts Com- mittee has been taken up with the examination of officers of the inside and outside service, and of merchants who furnish coloniza- tion road supplies, in the hope that some corrupt practice might be unearthed, or some improper expenditure of public money established. All such efforts have, however, been in vain, and there is not, to-day, as there has not been at d-ny time. J.uring the Mowat regime, the slightest ground for any suspicion of corruption, or even of political favouritism. The functions of the Commissioner are very important, and his discretionary powers, especially in deciding disputes between applicants for portions of the Crown domain, are very great. Nothing but a rare combination of ex- ecutive ability, official integrity, and judicial fairness, could have enabled the successive heatis of the Department to a-. ;ld giving their opponents some advantage over them, especially in view of the fact that enormous sums of money are collected and disbursed yearly under their personal authority. The Crown Lands Department is the great revenue-producing branch of the Government, and with the exception of the amount received as subsidy from the Dominion, provides the largest part of the annual income of the Province. The duties of the Depart- ment, instead of decreasing, are year by year growing greater and more complex. They comprise the sale and management of the Crown, Clergy, and School lands still undisposed of; the locating of settlers in the Free Grant districts ; the surveying of new townships, from time to time, as they are require- 1 for settle- ment or the purposes of the timber tr.ide ; the construction of Colonization roads and bridges in the new and sp^r^ely settled portions of the Province where the settlers are as yet unable to assume the burden of such works ; the supervision of the vast area over which licenses to cut timber have been granted (such supervision becoming much more difficult year by year as settle- ment increases) ; the collection of Government charges and dues leviable upon such timber ; and the settlement of the multifarious THE MOWAT GOVERNMENT. 45 and often complicated questions which of necessity arise in the course of transactions covering so large a territory. . The Crown Domain. The amount of legislation in connection with this part of the public service has been somewhat limited, but several things call ^or notice. The Free Grant system was established as far back as 1868, but various improvements were made in it by later legisla- tion. The more important Acts passed in recent years dealing with Crown property are the following : — |^ (1) By an old Canadian statute provision was made for the incorporation of companies " for the construction of works to facilitate the transmission of timber down rivers and streams." This Statute was amended and made more effective by an Af^jb passed in 1881, which substitutes for the machinery of the old law the simple machinery of the " Ontario Joint Stock Companies Letters Patent Act." (2) Experience showed that cases might arise to which the joint stock company system did not apply. One such case was that of the Mississippi ri\ , a large portion of which was con- trolled by Mr. Peter McLaren, of Perth, in the County of Lanark. He refused to allow timber belonging to Mr. Boyd Caldwell, of Lanark village, in the same county, to be floated to the owner's mill at Carlton Place, and in 1881 the Legislature attempted to provide a remedy by passing an Act for the protection of, the " Public Interest in Rivers, Streams, and Creeks." This was the celebrated measure known as the " Streams Bill." This Statute gave to the owner of timber the right to make improvements in a stream when the owner of the land refused to do so ; gave the Lieutenant-Governor in Council the right to fix the tolls for the use of improvements, and not only justly gave the owner of the improvements a lien on the timber to the amount of the toll, but provided a summary mode of collecting his dues.' This Act was disallowed by the Dominion Government. In the session of 1^82 it was reintroduced by the Ontario Government and re-enacted by the Legislature in identical terms, and again disallowed. In 1883 it was once more re-enacted, without change, and once more disallowed. In 1884 it was re-enacted, with the substitution of the Couniy Judge for the Lieutenant-Governor as arbitrator, and this time, after judgmeut of Privy Council, it was allowed to go into operation. (3) An Act passed in 1887 further provided for the driving of saw-logs and other timber on lakes, rivers, and streams, under all circumstances which may arise. This measure forbids the ob- i6 THE MOWAT QOVERNMENT. struciion of navigation or floating, and sets forth the proceedings when logs of several owners are intermixed. It also protects the rights of the Crown, and provides for arbitration in cases of dis- pute. • (4) Enormous quantities of very valuable timber have been destroyed from year to year by bush fires, the result of criminal carelessness. In 187S the Legislature attempted to check this waste by passing an " Act to Preserve Forests from Destruction by Fire!" Recent Legitslation, In the session of 1889 the Commissioner of Crown Lands intro- duced and carried through the House an Act respecting damages to lands by flooding in the new districts, providing a speedy and oiheap mode of recovering damages by persons whose lands have been flooded by Timber Slide Companies and others. This Act has had the effect of expediting proceedings for the recovery of damages and of greatly lessening their ccst. Claims may be pre- sented in the Division Court and the Judge is required to deter- mine them without pleading and at comparatively little expense. All of these provisions are of a very judicious and practical character ; and details of the operations under them may be found in the chapters treating of Administration, under the Department of Crown Lands. (6) In the session of 1890 two important measures were in- tro(^ced by the Commissioner of Crown Lands, and passed, one for the regulation of Mining Operations and the other amending the General Mining Act. The Mining Operations Act forbids the employment underground of boys under thirteen, or of feinales, or for boys under sixteen for more than fifty-four hours in any week, with provision for register, penalties, returns by owners or agents, notice of accidents to inspector, fencing abandoned mines, with notice of^ such abandonment, powers of inspectors, with general rules as to ventilation, blasting, use of steam, and many other provisions for security of workmen. The Act to amend the General Mining Act provides for the reduction of land which the Government may sell for mining purposes from eighty acres to forty acres, and provides, further, for the sale of mining lands at the Local Crown Land Agencies in differenb parts of the Pro- vince. Maps and all necessary information may also hereafter be obtained at these local offices, thus removing the inconvenience long experienced by explorers and miners in making their appli- cations to and obtaining their patents for mining lands from the Department only after a long correspondence. THE MOWAT GOVERNMENT. 47 The Commissioner also introduced and carried to a second reading a third bill, entitled " The Mining Claims Act." This latter provides the proceedings for establishing a claim by stak- ing off 40 or 8u acres, obtaining certificates from any local agent, beginning work, limit of number of claims to be hold by any one party, determination of disputes, penalty for removing stakes, surveys and purchase of claims, etc. This Bill was however withdrawn in order that a more comprehensive measure might be prepared for another year. He turther introduced and passed an Act making better provis- ion for the measurement and culling of timber cut by limit hold- ers on licensed lands under which, no doubt, the Province will reap a much better return than it has heretofore done. It provides too, in addition to the above, for the effective exam:, 1877, 1878, and 1S8I. During the present parliament, in 1889 and 1890, aid was granted to certain colonization' railways, these being in the new Thunder Bay, Algoma, Parry Sound, and Nipissing Districts. The total mileage of the railways so aided mv&s 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 $8ii8,- 000. These subsidies, added to previous ones to other lines, bring the amount granted to railways out of the surplus revenues, and thus given back to the people, to a total of more than seven and a half millions of dollars. By a series of enactments extending over many years, muni- cipalities wore 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 Piovincial funds has had the effect of stimulating the libera'ity and enterprise of the municipalities, which have granted, by way of subsidies to railways, about twice as great a toial amount as that granted by the Government, Under the Municipal Loan Fund settlement '^t 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 most adequately equipped countries in the world. The total Pro- vincial and Municipal aid thus granted has exceeded $21,500,000. Surplus Distribviion and Municipal Loan Fund. The payments in aid of railways, liberal as they were, did not exhaust tne 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 were 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 roadi and bridges $1,181,682 06 la paying debts caused by granting aid to railways 987,889 18 In paying other debts incurred for permanent works not specified 28,679 56 In educational purposes, including school-houses built, school debts paid, and investments for schoo). purposes 706,468 36 In building and improving town halls 147,346 40 (72 town halls have been built or paid for, and a large number of markets and look-ups). iM THE MOWAT GOVERNMENT. 55 in- In town and village improvements, by construction of water- works, making sidewalks, planting shade-trees, and buy- * ing steam fire engines * 76,432 66 In making and improving harbours 43,749 46 In draiijage 27,642 27 In paying share of cost of county buildings, and aiding in the erection of mills and manufactories 13,382 60 In'buying and laying out public parks and agricultural society grounds 4,954 26 In the purchase and improvements of cemeteries 1,917 02 In aid given to unorganized districts, in making roads and bridges, and buil^g schools , 6,334 82 Total $3,225,378 54 Drainage Investments. ■■ As far back as 1869 an Act was passed, authorizing the Government 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 authoribifes. 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 against the landc? 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 1889, $143,505.75. 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 in 1878, by an Act authorizing the Government to advance 5G THE MO WAT GOVKRNMKNT. money at five per cent., through the medium of municipal de- bentures, for tile-draining purposes. The total amount so in- vested must never exceed $200,000, and the ampunt that has been invested to close of 1889 is $78,450.69. In 18h7 the Gov- ernment reduced the rate of interest on all drainage loans to four per cent Audit of Public Accounts. In the session of 1886 an Act was passed " to provide for the better auditing of the public accounts of the Province." 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 Legislative 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 j 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, already efficient, has been made by this Statute still more so, while the people of the Province have as satisfactory a check upon irregular expenditure of public funds as it is possible to devise. Financial Ad/ministration. 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 re;- 1 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 tho first speeches made by hixrt after he assumed the leadership of the Opposition: — " ''One question upon which it was incumbent that tLey should submit & policy was that of the disposition of the large surplus which the huuorablu THE MOW AT GOVERNMENT. *7 i.U/ ''{ member for Elgin said was at the disposal of the Province. In not indicating their intentions with reference to the surplus of four and one • half millions which they claimed to have in hand they wore certainly untrue to their 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 plaoe, 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 $3,420,000, The ordinary expenditure will be $2,829,0^, the capital expei diture $566,000, and that on account of refunds |£25,000. The gross expenditure of Quebec for the ^^cal year 1890-1 will exceed five millions. The general conduct of the Ontario Govemmeut is not beyond criticism, quite the contrary ; hni it mittt be allowed that its management of the finances has been thrifty, judicious and clean."— (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 municipalitieB 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 millioijs in the treasury, Quebec has a debt of thirty millions, and, in spite of the direct taxes imposed on comme'cial corporations and of other revenue raising devices, a fresh loan is inevitable. It must also be admitted that Mr. Muwat has passed many prosfressive meas- ures affecting the genel-al interests of the community, and that, ok thk "WHOL- , HIS MANAGEMENT HAS BEEN CLEAN AND FREE FROM SCANDAL. These are powekfdl reasons for oiving him a new tkrm." — (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 colonization ro^ds. Had they done this they might liow have been able to show a total surplus of nearly fifty mil- 58 THE MOWAT GOVERNMENT. lions of dollars, for the aocunmlated 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 task of adrninisterin<; the affairs of the Province. The Surplus. When the Liberal paity came into office in 1871 they found in the Treasury an accumulated surplus of cash and trust funds, amounting to nearly seven millions of dollars ($7,000,000). £y an Act passed the previous session a million and a-half of dollars ($1,. 000,000) had been appropriated in aid of railway con- htruction. This sum was subsequently increased by several other Acts until it amounted to a total of $7,500,000, by tar the greater portion of which has already been paid. In 1873 an Act was passed appropriating out of the accumu- lated surplus nearly three and a-half millions of dollars, to be di- vi 1886 ,.., ^1,677,385 00 6,126,340 05 3. Othkk Dkbts Dub to the Puovinob : — Murtt^agea re sale of Aaylurn lands, bearing 5 per oent. inteseat 92,116 37 4. Bank Balanoes :— Current Accounts 9105,518 90 Special Deposits 411,742 77 617,261 67 Total $16,436,397 83 Liabilities of tlie Province at Present Payable. 1. Balance Due to Municipalities re Surplus Dis- tribution 2. Balance due to Mnnioipiilities re Land Improve- moutFuud — Interest 3. Quebec's Share of Collections for Common School Fund in 1889, made up as follows : — Collections during 1889, on ac- count of lands sold between 14th June, 1853, and 6th March, 1861 fl0,423 36 Less 6 per cent., cost of mauage- meut 026 40 $1,291 34 3,256 57 Less one-quarter for Land Im- provement Fund Collections during 1889, on sales made since 6rh March, 1861 . . 3,994 93 Less 6 per cent., cost of manage- ment 239 70 $9,797 90 2,449 49 $7,348 47 3,755 23 $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 $6,427,233 41 Surplus frovi 1873 to 1889. Owing to a variety of causes the surplus in the Treasury fluctu- m THE MOWAT QOVKRNMKST. Gl ates from year to year, but, a glance at the following tal8fl& will show that there is no likelihood of its being speedily wipe,4 ovJki — Year. Surplus. 187a $4,332,294 1874 5,756,352 1875 5,09(5,376 1876 4,873,203 1877 4,762,798 18; J 4,430,^f93 1879 4,809,027 1880 4,220,088 1881 4,509.591 <;ii I.I A. Year. Surplus. 1882. J::: :7.::... $4,825,586 1883 4,384,241 1884 6,859,666 1885 6,766.090 1886 6,680,339 1887 u 6.065,352 1^88 u. -. 6,734,649 1889..... w....... 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 for not adopting the policy of increasing the burden Of direct taxation! by thrt)wing 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, lor agricultural societies and mechanics' institutes, for the maintenance of con- victs and lunatics, in aid of charitable Institutions, etc., etc. The Annual Expenditure. The expenditure of the Province, under the Supply Bill, is in- curred under the heads given in the subjoined tables which shows the total amounts spent on the various services in 1889 : — Civil Government 0211,761 08 LegiBlation 119,938 69 Administration of Justice 866,252 24 Education ..,..^.,* 598,238 32 Public InstitutionB' Maintenance. 728,909 61 Immigration.. 6,849 90 Agriculture 138,787 58 Hoapitals and Charities. 120,402 48 Bepairs and Maintenance 64,732 60 Public BuUdings *>. h?i*i\ 518,407 39 PubUo Works ..-; .... ii' 23,071 66 Colonization Roads 103,666 63 Charges on Crown Lands 101,775 68 Consolidation of ^taUitea ; ; 781 97 Miscellaneous, »^4w..' ^itviu 60,018 63 Refunds..........'.' < .;... 18,024 87 Ordinary Expenditure under Supply Bill 93,181,614 93 62 TBK MOW AT QOVKUNMENT. Drainage Debentures I 17,727 88 ■pjjg >• 8 900 00 Ilailway Aid Certifioatei! ['.'.'^'.'.'. .'['.['.'.[['.'. ...... 247,982 14 Aunuity " 62,5200 00 Widowii' Peniioni 1,764 07 New Pftrliament Buildingi 143,167 86 $3,653,366 37 Increased Expenditure. It is made a charge against the Mowat Qoverninent that some of these items of expenditure are larger now 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 ^51,306 $598, 238 $246,932 Agriculture and Arte 76,381 138,787 62,406 Hospitals and Charities 40,260 120,402 80,142 Public Asylums, &o 171,423 . 728 909 567,486 Administration of Justice 104,049 144,770 40,721 Colonization Roads 55,409 103,666 48,247 Total $798,828 $1,834,772 $1,035,934 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 1,374,858 2,114,678 739,720 Hospitals and Charities.. 40,260 724,680 1,398,521 673,841 Asylums, &c 171,423 3,086,614 9,083,469 6,997,856 Administration of Justice 104,049 1,872,882 3,426,360 1,562,478 Colonization Roads 56,419 997,542 1,999,042 1,001,600 Total.... $798,888 $14,379,084 $27,429,370 $13,050,286 THE MOWAT GOVERNMENT. 68 This Government has therefore returned to the people for the various services mentioned, no less a sum than $18,050,286 more than they would have done if they had continued the scale of distribution adopted by their predecessors. By reference to the appended table of annual expenditures, it will be seen that the chief part of the increase in the expenditure is due to increased payments 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 Agricultural 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. The Proposed Reductions by the Opposition. The best evidence that the annual expenditure under the Mowat Administration is unimpeachable is the character of the proposals ■ made by the Opposition from year to year in the form of amend- ments to the Supply Bill. Taking the years 1883-1889, which included the whole of the two Parliamentary terms, the proposed reductions 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 dam on Burnt River. In 1885 : (1) To reduce the sum appropriated for sessional clerks by $5,000 ; (2) to reduce the vote for immigration purposes by $9,900 ; (3) to strike out the sum of $10,OQO appropriated to pay '^"" cost of Mr. Caldwell in maintaining the public interests afjairust Mr. McLaren in the Mississippi River, known as the Stream.'- Bill case. In I' G : To strike out the sum of $1,400 appropriated to pay ^he costs of the Returning Officer in East Simcoe. In 1887 : (1) To strike out $1,200 appropriation for Private Secretary of Lieut. -Governor ; (2) and voted against the Immi- gration appropria^ in, $16,900. In 1888, 1889 and 1890, no reduction was proposed by the Opposition. Si. .^1 04 THE MOW AT GOVERNMENT. The following table, thus shows the amount granted for the public sierviee each year under the Supply Bill and also the amount by which the Opposition asked to have it reduced : ,.!,,. .^, Amoimt of Supply. Amount objected to. , ■. i884:'.,H-v.----S2,991,662 , « 2,750 1885 2,9;{7,882 24,900 1886. .....,..: 3,138,651 1,400 18^7. .....;.... 3,1«5,771 16,100 1888 ...:. 3,205,804 ^ , 1889 3,440,040 18p0... 3,6^5,293 ...... Totals...... $21,777,700. $47,160 In otlier words, out of a total proposed appropriatioQ in seven years of < ij-'r , ; V,!,, v,'::$ai,77r,Too the Opposition objected to only ' '■'/•'^" $47,iao & t)riQ.Q o\er 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 Ontario, Quebec, and the' Dominion, respectivelj'^, from lb73 to l«89, inclusive: Civil Government. 1873. 1889. Increase. Percentage. ; Ontario $175,9141 $211,761 35,847 20 ' Quebec 135,106 23r.7()3 96,667 70 Dominion. 750,874 1,281,713 630,839 70 Legislation. 'fr, '; 4^ Ontario... 119,050 119,938 288 l-13th Quebec 163,569 224,644 60,976 30 Uomimon.,., ,,,,.. 629,3432 701,170 171,837 33 The following comparison of cei-tain items of annual expendi- ture in Ontario with the same items in Quebec, in 1889, is very instructive. The first table includes the sums spent in carrying ou the public service of the Province, and in these it will be seen the expenditure of Quebec is higher than thiit of Ontario, though the population is less. The second table includes appropriations that are intended to lessen the burden of local taxation, and in these Ontario is the more liberal : (!) Including " Salaries and ExDensea of the Education Department," charged in ihrt Public Aci onnts of 1873 to " Education," but now charged to '* Civil Government.' (2) Kxciuaive of the cost of the General Election in 1872. THE MOWAT GOVERNMENT. Table I. , . ■ ■ '.lit fiervio*. i QaebM. Ontario. Oiyil QoTeroment .$231,763 $211,761 XiegisUtion 224,644 119,938 Adminiairation of Justice 515,272 366,252 T«il>l9 II. Quebec. Ontario. Prisoni and Aiylums. ..$271,966 $728,909 Edaoation 386,835 698,238 66 Exoau in Qoebei. $ 20,002 104,606 149,020 Excem in Ontario^ $456,953 212,403 Fvjrthw Proof of Economy. To make still clearer, if possible, the economy with which the finauces 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. Ontario. .. ■ . . ....$2,460,212 Qnebeo 1,713,750 Dominion 19,174,648 Lastly, Quebec started with a dean sheet in 1867, and she has since piled up a debt of $25,000,000. Ontario, liberal as her ex- penditures have be'en, out of surplus revenues, has accumulated in the same time a surplus of $6,427,252, a difference of thibty- ONE MILLIONS OF DOLLARS I 1889. Increase. Percentage* $3,360,040 3,624,024 36,817,834 $ 899,828 1,910,274 17,743,186 .36 105 90 Public Inatitutions. The '* Public Institutions," maintained entirely at the cost of the Province, include (1) the Central Prison for men, the Mercer Reformatory for women, and the Reformatory for Boys at Pene- tanguishene; (2) four lunatic Asylums — at Toronto, London, Hamilton, and Kingston, and an idiot asylum at Orillia ; (3) the Educational Institute for the Blind at Brantford, and that for the Deaf and Dumb at Belleville. County jaUs, to the number of 42, and district lock-ups to the number of 15, maintained partly at the expense of the Province, are all under official supervision in connectio;i with this branch of the service. ' The " Charitable Institutions/' whicli are under tHe same super- 6^0 TUE MOWAT GOVEBNMENT. vision, include 18 hospitals, 19 houses of refuge, 26 orphan asy> lums, and 3 Magdalen asylums, all of these being in receipt of Government aid under the Charities Act. As the amount of aid giv0n is in direct proportion to the work done, the super* vision of the institutions must be of the most thorough kind. The total amount paid in 1889 to hospitals and charitable in- stitutions, out of the Provincial Treasury, was $120,528.66. The amount voted for 1890 is $126,978.sl. It is needless to repeat that all of this expenditure, as well as all of the expenditure for the erection and maintenance of the various public institutions,, is perfectly gratuitous on the part of the Province, that it re- lieves the municipalities of a burden which would otherwise hav**^ to be met by direct taxation, and that it is actually a repayment, to the people of surplus revenue. The theory, alike of the Central Prison, the Mercer Reforma- tory, and the Reformatory for Boys, is that mere punishment i^ not adequate as a treatment for criminals, and that something should be done to reform their characters and teach them useful occupations. This principle is carried so far in the case of the Reformatory for Boys, that it is now virtually an industrial school, and the change of sj'stem has been attended by the most satis- factory results. It would be too much to expect a similar state of progress in the reformatories for adults. The convicts sent ^o them are in many cases hardened criminals, and their terms of confinement are too short to afford much opportunity for effect- ing a change of disposition. Central Prison, The number of convicts sentenced to the Central Prison since it was opened for their reception, in 1874, is 10,418. The num- ' ber committed to it during the year 1889 was 739. The number remaining. fn it at the close ot the year was 352. The average length of convicts' term, during the whole period since 1874 is about 6 1 months. The total expenditure for maintenance during 1889 was $65,871.83. The average daily cost per prisoner was 48^ cents, as compared with 50f cents in 1888. The labour of tl^ prisoners is utilized so as to interfere ad little as possible in the way of competition with free labour outside, and the prison is rapidly becoming self-sustaining. It would sooner become entirely so if those sent to it were long-term prisoners, instead of being, as they are in many cases, ordinary vagrants, who have been driven by want to seek refuge in county jails, from which they, have been transferred to the Central Prison. B^^RvtRp^ll THE MOWAT GOVERNMENT. 67 y- of of a- le It )r 8^ 5- t. r.O Indtiatrial School. In the session of 1888, an important measure was passed for the protection and reformation of neglected children. This provides for the committal to an Industrial School of any child, under fourteen, of criminal or. drunken parents, or whose orphan- age or other cause is leading it into a dissolute life. Also, for the committal to an Industrial or Charitable institution of anv child, apparently under sixteen, which may be found frequenting the company of reputed criminals or bad characters, or resorting- to their haunts. The Act makes provision for the notification of the parents, the contribution of the municipality to thft child's support, the appointment of commissioners to try juvenile offend- ers, and the prevention of their companionship with older crim- inals. Asylums. The care of lunatics and idiots, when they belou^ to families able to maintain them, cannot fa-irly be saddled on the general public; but many of these unfortunates are heavy burdens on people who cannot support them in decency, not to speak of com- fort, or of the necessary medical treatment. Even well-to-do relatives of the insane cannot by any reasonable expenditure of money in their own localities, secure for them that expert care which is absolutely necessary to the recovery of those who are not incurably diseased. For this reason, Asylums for the Insane and for Idiots must be maintained either by the Province or by the municipalities, and it is much better that their maintenance should be undertaken by the former than by the latter. This secures greater efficiency at less cost, and distributes the burden more evenly over the whole population. Moreover, so long as the patients are maintained, as they have h. erto been main- tained, entirely out of the surplus revenues of the Province, the maintenance of asylums, like that of prisons and reformatories, is a means of relieving the municipality from the burden of direct taxation. Unfortunately, the number of insane persons and idiots, for whom application for admission is each )'^ear made, has steadily increased for many years past, and has not yet begun to diminish. This renders necessary occasional increases of capi- tal expenditure for accommodation, and similar increases in tho annual outlay for maintenance. The following table shows the rate of increase in the number of patients in the Idiot Asylum at Orillia, and in the Insane Asylums at London, Toronto, Hamilton, and Kingston, all taken together : — 'ill es THE MO WAT GOVERNMENT. Number re- Percentage Percentage mMning at of of end of year. Recoveries. Deathe. 1,859 34-78 6-32 2,003 32-77 5-92 2,143 29-28 5-40 2,298 22-48 41 2,416 33-06 6-11 2,508 32-25 6-75 2,694 33-52 6-31 2,671 36 10 5-85 2,705 41-35 5-39 2,899 27-66 4 98 2,927 4164 4-79 3,110 24 02 5-2i 3,181 35-41 6-43 Average of renident Patients. 1877 1,819 1878 1,925 1879. 2,054 1880 2,215 1881 2,354 1882 2,457 1883 2,580 1884 2,634 1885. 2,708 188G 2,830 1887 2,915 1888 2,y85 1889 3.167 Increased Attendance. As the percentage of recoveries is usually increasing — owing to the appii -"tion of improved methods of treatment — while the death rate remains tolerably uniform, the obvious inference is that there must be a considerable increase in the number admit- ted. So long as this increase is kept up, just so long will the cost of public institutions be a heavy burden on the Provincial Treas- ury. The Inspector's Report for 1889 shows that, in consequence of increased attendance, the aggregate expense was increased by $31,231, as compared with that of 1888, yet the weekly cost per patient was lowered from $2.77 to $2.74. Under the Private Asylums Act there has been established a " Retreat " at Guelph, with one branch for the treatment of the insane, and another for the treatment of inebriates. The number of the forns'^i admitted from its foundation to September, 1889, was 58, of whom 44 were still in the asylum at date. The corresponding numbers of the latter were 112 and 17. The development of private asylum accommodation for the treatment of paying patients may be made a means of lessening the amount required for the accommodation of patients in the public asylums. During the year 1889 the cost of maintaining asylums, includ- ing salaries and wages, was $490,605. The cost for each since the advent of the Liberal party to power is shown in the follow- ing table : — Patients Un- Patients Ua> Total Oost. derTreatm't Total Cost, der Treatm'k 1872 1187,719 1,717 1873 201,479 1,780 1874 214,308 1,865 1876 218,541 1,926 1876 241,381 2,371 1877 281,844 2,390 1878 270,163 2,646 1879 286,894 2,665 1880 397,896 2,899 1881 322,972 3,065 1882 368,683 3,288 1883 377,095 3,340 1884 388,021 3,356 1885 364,446 3,384 1886 384,352 3,628 1887 416,330 3,653 1888 469,373 3,939 1889 490,606 3,95& THE MOWAT GOVERNMKNT. 61 The Blind Institute. The attendance during 1889 at the Institute for the Blind averaged 167. The pupils are trained in arithmetic, grammai; » geography, reading, literature, writing, natural history and phy- siology, English and Canadian history, chemistry, and music. They are also taught to earn their own living by means of piano- tuning, basket-making, sewing, and knitting, and are thus pre- vented from adding to the already too large roll of paupers, who look to their respective municipalities for support. The cost per pupil of maintaining the Institute for 1888 and 1889 was $278.10 and $247.69 respectively, showing a reduction per head of $30.41. The aggregate cost for each year since 1872 is shown in the fol- lowing table : — No. of Piipila No. of PnpiU Total Cost. on RolL Total Cost. on Roll. 1872 $ 7,523 34 1881 30,034 200 1873 21,260 59 1882 34,846 167 1874 22,532 113 1875 23,061 139 1876 24,034 148 1877 26,913 147 1878 26,289 174 1879 29,515 200 1880 30,343 203 1883 33,737, 1884. 1885. 1886. 1887. 1888. 1889. ,160 33,297 140 33,386 100 32,575 164 32,888 155 36,710 156 34,677 167 Deaf and Dumb Institute. , The average attendance during 1889 at the Institute for the Deaf and Dumb was 274. The great aim of the school is to teach the pupils to read, with or without articulation, and to give them at the same time as good a general education as the time allowed — seven years — will admit of. They receive also a fair industrial training, being taught shoemaking, carpenter work, farming, tail- oring, dressmaking, machine-sewing, hand-sewing, and fancy work. Many of the pupils, when they leave, are quite able to earn thei-r own living, and all of them are greatly improved. The follow- ing table gives the aggregate cost of the Deaf and Dumb Insti- tute for each year since 1872 : — No. of Pupils Total Cost. on Roll. 1872 ^24,896 122 1873 27.043 106 1874 32,276 202 1875 32,048 207 1876 33,517 220 1877 38,332 227 1878 36,426 251 1879 29 616 229 1880 36,596 239 No. of Pupili Total Cost. on Roll. 1881 37,201 246 1882 .39,928 266 1883 39,016 202 1884 40,986 247 1885 38,749 236 1886 41,030 273 1887 39.695 264 1888 41,968 265 1889 41.036.., 274 ■t 70 THE MOWAT GOVERNMENT. Comparative Cost Between Ontario and the United States: An examination of the Returns from the various Public Insti- tutions in the United States furnishes a comparison of a most favorable character in the cost of management of the Institutions in Ontario, as the following figures will prove : Asylums. (Animal Cost Per Patient.) Trenton, New Jersey ^229 87 Buffalo, New York 387.94 Utica, " 301.58 Cleveland, Ohio 168.64 Columbus, ** $224.64 Pittsburg, Pa 223.69 Fulton, Missouri 235.51 ONTAttIO 149. 9S Deaf and Dumb Institutes. (Arninal Cost per PupU. ) New Vork Institution $305.76 Binghampton, N.Y 306.00 Central, N.Y 271.11 Northern, N.Y $282.79 Pennsylvania 236.01 Belleville, OntHrlo 180.20 Institutes for the Blir.d. {Annual Cost Per Patient.) New York State $ 294.00 New York City 302.00 Maryland 280.00 Illinois 290.00 Pennsylvania . Kentucky Mftcsachuaetts Brantford. Ontario . $ 267.00 270.00 280.00 2irot> Reformatory for Boys. (Ayimtal Cost Per Inmate.) Penetanouishbne, Ontario, average cost 1880 to 1889 $201.10, including a large expenditure during the last two years for sanitary improvements. The per caipita of inmates of the New York State Industrial Institution, Rochester, which is the only report available for comparison, in 1888, was .$272.23. Charitable Institutions. Prior to 1874, the money paid out of the Provincial Treasury in aid of charitable institutions was given in a hap-hazard way. The evils attending such a system, or rather want of system, sug- gested the pas.sage of an Act, the avowed object of which ^ was to secure " that all appropriations from the public funds in aid of charitable institutions should bo made upon some properly- ar- ranged and equitable system, and that municipal and other corporations, as well as private individuals, should be stimulated and encouraged to give a liberal support to such institutions." Jraar THE MO WAT GOVERNMENT. 71 The institutions entitled to aid were scheduled in three classes, (1) Hospitals, (2) Houses of Industrj'^ and Refuge, and (3) Orphan- ages. The scale of payment to each class was fixed absolutely by the Statute, and has never since been changed. The subsidy was fixed at a certain sum per head of those provided for iu the vari- ous institutions, so as to make the amount of aid given precisely proportionate to the amount of charitable work done. Under this system there is no possibility of favouritism, unless the re- turns on which the payments are made are falsified, and to the perpetration of such an offence a heavy penalty — $1,000 and costs — was affixed by the Act. Moreover, all subsidized charities were placed under the supervision of the inspector of public institutions, and were required to submit their by-laws and regulations to the Lieutenant-Governor in Council for approval. The best proof that this excellent law works well, is that it has never been amended in any impoitant particular since it was enacted, and that no abuse of any kind has grown up under its operation, though many thousands of dollars have been annually expended under its provisions. The amount of good done in this way in the relief of suffering of various kinds is incalculable, and it is not too much to say that in this admii-able Act, Ontario has a better " poor law " than any other country can boast of. • 10 i 78 THE MOWAT GOVERNMENT. PROVINCIAL SECRETARY'S DEPARTMENT. This Department, which was ably conducted by the Hon. A. S. Hardy for twelve years, to the time of his succession to the De- partment of Crown Lands on the death of the late Hon, T. B. Pardee, is now, with equal efMciency, presided over by the Hon. J. M. Gibson. The Provincial Secretary has the oversight of the Inspectorate of Division Courts, Insurance, Chartering of Joint Stock Companys, and Auditing of Criminal Justice accounts. He has also charge of the License Branch, Through this Department all the official correspondence of the Pi'ovince is conducted, all public notices are gazetted, all charters of incorporation are granted or amende^, ail proclamations are issued and all appointments to office are announced. During 1889 the number of new subjects dealt with was 4,434, in con- nection with which 11,027 letters were received and 12,887 sent out, besides a large number written about matters still under con- sideration from the previous year. In dealing with the new sub- jects, 2,743 references were made to other Departments of the Government, from which 2,809 reports were received and acted upon. The number of forms issued under the Marriage Act was 29,712, one-half of which were marriage licenses. Many other documents of different kinds were sent out. Thiry-two proclama- tions and 518 appointments to office were gazetted, letters-pat- ent and supplementary letters-patent were granted to 132 com- panies, 14 return» were presented to the Legislative Assembly, fees to the amount of $8,801 were received and accounted for during the year, and a large amount of other business was trans- acted. The following statistics show how rapidly the business of this office is increasing : 1871. 1889. Number of fyles 1,264 4,434 Letters received 1,699 ] 1,027 Letters sent 1,280 12,887 References to other Departments 912 2,743 Reports from do 470 2,900 Statutory returns received 58 3,500 InspecUon of Division CoaHs. The complaints of suitors about irregularities in the manage- ment of Division Court business by clerks and bailiffs, led to the appointment in 1873, of an Inspector, whose duty it is' to see that the tariff of costs is properly observed, that all moneys collected THK MOWAt GOVERNMENT. 78 con- are handed over to the proper parties, that executions are promptly enforced, and that the whole machinery of the Courts IS kept in as efficient a condition as possible, in the interests of suitors. Between amendments in the Division Court Law, and improvements in the management of Division Court business, matters have been put in a much more satisfactory' condition, especially as clerks and bailiffs are now directly responsible to the Provincial Government, which is in turn responsible to the public for the manner in which these officers discharge their duties. The annual reports of the Inspector of Division Courts show that many abuses of long standing have, during the past seventeen years, been removed, and that the irregularities are not merely less in number, but more trivial in character than they formerly were. The following statistics from the last printed annual re- port give some idea of the immense amount of business done in these Courts, and of their growing importance : — Number of Divisions 320 Suits entered (exclusive of transcripts of judgments and judgment summonses) 63,878 Amount of claims entered $2,599,939 Amount of suitors^ money paid into Court $880,766.42 Amount paid out , . . . $865,528.40 Fees payable to the Province. . , $9,392.14 Liquor Traffic. ' The regulation of the liquor traffic was in 1872, when the Mowat Government took office, a very subordinate appendage of the municipal system f as the result of a long series of changes, it has beeome a very important branch of the Provincial Adminis- tration. Each step in bringing about this change ha.s been taken in response to the clearly expressed public opinion of the commun- ity, whether the demand was for more stringent legislation, or for more effective enforcement of the prohibitory clauses of the license law. The great turning point in the history of this question was the passage of the " Crooks Act " in 1876, and the most strik- ing result of this law was an immediate reduction in the number of licenses issued throughout the Province. The following table gives the number of each kind of license issued from 1874 to 1889 inclusive :— Whole. Year. Tavern. Shop. sale. Vessel. Total. 1874-5 ,4,793 1,307 52 33 6,185 1875-6 4,469 1,257 78 24 5,818 1876 7 2,977 787 147 27 3,938 18778 2,846 739 66 27 3,676 f >■ ¥ Jft 74 THE MOW AT GOVERNMENT. 1878 9 2,910 724 52 29 3 715 187,0 80 3,199 757 42 22 4,020 1880-1 3,227 760 4 22 4 049 1881-2 3,311 764 34 24 4,133 1882-3 8,317 787 35 24 4 163 1883-4 3.363 781 36 21 4,201 1884 5 3,253 675 28 14 3,970 18856 2,574 525 24 9 3,132 1886 7 ... 1,667 367 28 12 1,974 1887 8 1,496 325 28 13 1,882 1888 9 2,066 336 26 17 2,485 It is a gen'erally accepted dictum that the amount of intoxicat- ing drink consumed diminishes as the number of places where it can be obtained decreases. It will be seen from the foregoing table that in the year 1876, in which the " Crooks Act " was passed, the total number of licenses fell off 1,880 — of tavern licen- ses, 1,482 ; and of shop licenses, 470. In other words, the reduc- tion in number was in the* two classes of licenses against which the efforts of temperance reformers have always been most ener- getically directed. The average number of licenses for the two years before the " Crooks Act " came in force was 6,000 a year, in 1884-6, before the Scott Act was brought into operation, there were only 3,970 issued, thus showing a large reduction since the present Act came into force. It can, therefore, be fairly claimed that the Crooks' Act, and the amendments thereto, has had the effect of reducing the number of licenses in the Province almost one-half. The reduction in the number of licenses may be carried on indefinitely, under the Crooks Act, by municipal action, or by bringing public opinion to bear direptly on the Boards of License Commissioners. Revenue from License. Equally noticeable with the falling off in the number of licenses issued under the Crooks Act, is the increase of revenue derived from them. One of the provisions of that Act was, that part of this revenue should go to the Province, and the remainder to the municipalities, the former assuming, and the latter being freed from, the burden and cost of enforcing the law -against illicit sell- ing. The following table shows the amount of revenue accruing to the Province and to the municipalities respectively, from 187U to 1889, inclusive : — Municipal Revenue. Provincial Revenue. 1886 7 153,716 59 216,456 78 1887 8 156,979 89 201542 45 1888 9 190,297 79 232,611 5d THE MOW AT UOVERNMBNT. 75 The revenue obtained by the municipalities from tho liquor trattlc, under the Crooks Act, is not only much greater than they obtained before the enactment of that law, but much greater than they would have been receiving now had it not been enacted. 21ie License Laws. The evils caused to society by the sale of intoxicating drinks has made it necessary, by common consent, to impose peculiar restrictions on this traffic. Such restrictions were enacted by the Canadian Parliament before 1867, and as they formed, for all practical purposes, part of the municipal law, they remained in force in Ontario after Confederation. Th>3 law rej^ulatiug the sale of spirituous and fermented liquors was amended and con- solidated in 1869 by the "Act respecting Tavern and Shop Licenses," the granting of licenses to sell being still entrusted to the Municipal Councils. This same feature of the system was retained in the consolidation of 1874, which was, however, a great improvement on any license law that had preceded it. The growing temperance sentiment of the country, the conse- quent demand for more stringent legislation, and the evils caused by giving the liquor interest a strong motive for interfering directly in the election of members of Municipal Councils, led to the passage, in 1876, of the License Act of that year, commonly known as the " Crooks Act." This measure, of this Government, was by far the most efficient piece of legislation regulating the liquor traffic which had ever been enacted in this country. The chief features of this measure were the following : 1. It put an absolute limit to the number of licenses that might be granted in any municipality. 2. It took the power of granting licenses away from the Municipal Councils and conferred it on Boards of Oommissioners appointed for cities and counties by the Lieut. -Governor in Council 3. It authorized each Municipal Council by By-law to still further limit the number of licenses to be granted by the Commissioners. 4. It authorized the Board of Commissioners by resolution tu do the same thing. 5. It authorized each Municipal Council to prescribe by By law conditions of obtaining a tavern license iu addition to those specified in the license law itself. 6. It authorized each Council to limit the number of shop licenses, to re- quire the holder of a shop license *' to confine the business of hiashop solely and exclusively to the keeping and selling of liquor," and to " impose any restrictions upon the mode of carrying on such traffic as the Council may think fit," its enactments in this regard being bind- ing on the License Commissioners. il Xi m iii 76 THE MOWAT OOVKIINMENT. 7. it impoied • roinimum fee for eaoh of the three kinds of licenteB— wholeiale, tavern, and shop — but authorised eaoh Council in the oaie of tavern and shop licenseB to raise the amount absolutely to $200 and to raise it conditionally as much higher as it pleased by By-law sub- mitted to a vote of the electors of the municipality. 8. It vested the appointment of the license inspector for each district in the Lieutenant-Governor in Council, and required both inspectors and commissioners to enforce the Dunkin Act wherever it had been adopted by any municipality. By the Act of 1881 the machinery of the " Crooks Act" was made available for the enforcement of the " Scott Act," as it had formerly been for the enforcement of the " Dunkin Act." By the Act of 1884, the following changes were made : — 1. A considerable limitation of the number of saloon licenses allowed under the license law ; 2. Qreater precautions against the establishment of a licensed house with- out warning to the people of the locality ; - 3. The introduction of the principle of local option, by empowering the majority of the electors of a pollin<( sub-division to forbid by means of a petition to the License Commissioners, the granting; of a new license in, or the transfer of an old license to, that sub-division ; 4. Throwing open to the public the sittings of the Commissioners at which applications for licenses are discussed ; 5. Compulsory separation of the liquor traffic from other traffic in licensed "shops "after 1888 ; 6. Prohibition of the colorable sale of liquors by " clubs " incorporated under the Act respecting benevolent and other societies, and also of colorable prescriptions or certificates by medical practitioners ; Authority given to Justices and Police Magistrates to forbid holders of liquor licenses to sell to a habitual drunkard for a year ; Authority given to relatives of a habitual drunkard to publish a similar prohibition ; Forbidding licenses on ferry boats ; A considerable increase in the amounts charged for the various kinds of licenses. 8. 9. 10. By the Act of 1885, amongst other provisions, is an officer who breaks the law hi^nself " for the purjiose of detecting a known or suspected offender against the Liquor Laws free from conviction." By the Act of 1886, a provincial inspector is provided, whose duty is personally to inspect each license district and the books of «ich district inspector, and to conduct on oath inquiries into Ibe conduct of the inspectors. Frequenting of bar-rooms during prohibited hours is strictly forbidden, and it is made an offence foe " keepers " of bar-rooms to permit it. Lie nse Fees. Prior to 1876 the Statute fixed a sum to be paid to the Gov- f^rnment for tavern, shop and vessel licenses, and the municipali- THE MO WAT QOVERNMENT. 77 00 120 00 00 90 99 160 00 300 00 110 00 250 00 225 00 250 00 J2JSO P ties were ornpowered to receive the fee from a certain minimum amount, such increase to be paid wholly to the municipalities. In that year the " Crooks Act " was passed, throwing part of the work of administration on the Provincial Government. The following table shows the amount of fees as fixed by the License Act of 1^70, and the amount as fixed by the License Acts of 1884 and 188G, respectively : — Taverns and S}wps, 1876 1884 1886 Cities over 20,000 $100 00 $160 00 $250 00 Cities under 20,000 100 00 160 00 200 00 Towns 80 00 100 00 160 00 Villages 60 00 80 Townships 60 00 72 Saloons, Cities 100 00. . . Towns 80 00. . . Wholesale, Cities over 20,000 .* 150 00 225 00 250 00 Towns and Cities under 20,000 .. . . 150 00. . . Great Lakes 100 00 125 00. •' •• wine and bter 50 00 62 50. Inland Waters 60 00 85 00. " " 30 00 42 50 .(I In 1889, a further amendment was made to the Liquor License Act, giving power to pass By-laws respecting licenses pending the result of any application for repeal of The Canada Temperance Act, which By-laws should come into force immediately on such repeal, if carried. This, was at a time when numerous petitions for repeal were being prei^ented, and this measure provided against an interval in which no license law should be in force. This Act also made the purchaser of liquor from a person not licensed to sell it, or any one who drinks it upon the premises when so pur- chased, guilty of offence under the law. Amendments During Session of 1890. And in the session just closed, equally important advances were made in the direction of imposing desirable restrictions and safe- guards. By the Act entitled " An Act to Improve the Liquor License Laws," it is provided that : • " In the case of an application for a tavern or shop license by a person who is not, at the time of making such application, a licensee under this Act, or as to premises which are not then licensed, the petitio i must be accom* panied by a certificate signed by a majority of the electors entitled to vote at elections for the Legislative Assembly in the polling sub-division in which 78 THE MOWAT GOVERNMENT. the premises sought to be lioeoBed are situated, and the said majority ntust include at least one-third of the said electors who are at the time of such ap- plication residents within the said polling sub-division." And, further, — " In unorganized districts the said certificate shall bo signed by at least eleven out of the twenty householders residing nearest to the preiuisea in which the applicant proposes to carry on the business for which the licenae is required." This enactment positively confers upon the people the powers of a Local Option Law in all cases of new applications, and will be accepted as a proof of the determination of this Government to keep abreast of public opinion by providing advanced legisla- tion as promptly as the people may desire to use it. In addition to mote stringent regulations as to penalties, etc., the Act also, — * Phohibits the Sale of intoxicating liquor on vessels navigat- ing the lakes and rivers of the Province ; Increases the age of " minors " from ' sixteen " to " eighteen," thus subjecting to a penalty those who sell liquor to persons under eighteen years of age ; Provides a penalty when liquor is supplied to any person under twenty-one years, in respect to whom notice in writing has been given, prohibiting such licensed victualler to sell or supply liquor to the pt*/ty in question ; And gives greater authority to search unlicensed premises and " dives,'' to seize liquor and arrest persons found on said premises. Local Option. Certain powers possessed by the municipal councils prior to the vote of Confederation, and re-enacted in the following: — " The council of every township, city, town and incorporated village, may pass by laws for prohibiting the sale by retail of spirituous, fermented or other manufactured liquors, in any tavern, inn or other house or place of pub- lic entertainment, and for prohibiting altogether the sale thereof in shops and places other than houses of public entertainment : Provided that the by law, before the final passing thereof, has been duly approved of by the electors of the municipality in the manner provided by the sections in that behalf of The Municipal Act : Provided further that nothing in this section con- tained shall be construed into an exercise of jurisdiction by the Legislature of the Province of Ontario beyond the revival of ni-ovisions of law which were in force at the date c^ the passing of The British North America dct, •nd which the subsequent legislation of this Province purported to repeal. "^ wr^m^ THE MOWAT GOVERNMENT. 79 Unjust Criticisms Answered. A great deal of professional criticism is expended by the Oppo- sition on the Temperance legislation of this Government. It is fitting that such criticisms should be offered by those who, in their other capacity of supporters of the present Dominion author- ities, were recently eager to tal*c the control of this interest out '»f the hands of the Province, i;^ which the Confederation Act v/itrusts it, to give it to their political friends at Ottawa, 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, an. I to provide a great number of commissionerships, 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 Dominion Government, the Opposition are now contending that this control should go back to the munici- palities. But such a provision is not desired, and has i..ever 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 operation 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 of the people in Parliament, The Crooks Act Endorsed. The friends of the temperance cause hailed with delight the withdrawal of the power from municipal corpoiations to issue liquor licenses, and the assumption of that authority by the Gov- ernment, that being the effect of the passage of the " Crooks' 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 Opposirjon, voiced then, as it does now, the sentiment of the general public upon this question ; " Although we cannot accept as righteous absolutely any license law, yet, if we must tolerate some one as the tentative regulator of an evil till we can have it removed, we must reg.rd the Crooks' Act as the best instrument for this 8l<^ House with instructions so to amend the Bill as to enable the Co u 1 of every municipality to decide to whom licenses »liall be granted in their respective municipalities, having re- gard to the limitations imposed by Act 89 Vie. , Chap. 26. It was declared lost on a vote of yeas 9, nays 60. ■' Policy in 1882. That thej' are and have been in favour of the vicious expedient of returning to the municipalities this source of danger and trouble, however, was again made manifest from the position taken at their Convention in Toronto on Sept. 14th, 1882. At this Con- vention referred to, it was unanimously resolved to be " The opinion of this Convention that without interfering with the laws regulating the liquor trathc, and limiting the number of licenses that may be issued, the power of issuing licenses, and the fees derived therefrom, should he restored to the niuntclpalltles." In speaking to this resolution Mr. Meredith said that *• He was prepare I to say that the present Opposition, if it took < flice, would be prepared to wipe away the partizan commissioners. (Cheers.) He was prepared to restore to the people of the Province the rights they formerly exercised. (Cheers.) He was prepared to give back to the municipal bodies the Tights Ihcy formuiiy enjoyed." (Cheers).— [i^rom report in MaU.] Policy in 1883. This policy was further pursued in a resolution in amendment to order for Committee of Supply, 24th January, 1883, when it was moved by Mr. Meredith, seconded by Hon. Mr. Morris, — 82 THE MOWAT GOVERNMENT. That all tVie words in the motion after " That " be struck out;, and the fol- lowing substituted therefor : — '' This House, while recognizing the necessity of maintaining the other provisions of the existing liquor license law, and strictly enforcing them, is of opinion that it is not in the public interest or calculated to promote the cause of temperance to continue the mode of ap- pointing Boards of License Oommissioners and License Inspectors now in force, and is further of opinion that these Boaids should, in order to remove them as far as possible from the ii.fluences of political partisanship, be ap- pointed in Counties, by the county councils, and in Cities and Towns separate from Coimties by the councils thereof, and that the power of appointing one or more License Inspectors in each licenfle district should be vested in the Board, and this House regrets that legislation providing for this change in the law, and for handing over to the Municipalities the whole of the license fues, except a sum suSioient to pay the expenses of the License Branch of the Department of the Provincial Secretary, has not been proposed for ita consideration by the advisers of His Honour the Lieutenant-Qovernor." — Lost. — Yeas, 26 ; Nays, 49. Policy in 1890. The policy of the Opposition was again re-constructed by the submission of the follov7ing resolution during the late session of the Legislature as an amendment to the Hob. Mr. Gibson's mea- sure : — "That the Bill be, not now read a third time, but be referred back 'o a Committee of the Whole House, and so amended as to provide that the license commissioners hereafter be appointed in courMes by County Cowncils, and in cities and towns elected by the municipal electors of such cities and towns." Canada Temperance Act. But efficient as the legislation in this department was thus up to 1886, this Government by no means relaxed its efforts. In 1887, complaints were made of the want of machinery for the enforcement of The Canada Temperance Act, commonly 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 the Government of this Province passed an Act for the appointment of special Police Magistrates in all such counties, and defining their jurisdiction, tenure of office, place of holding courts, indemnity, etc. This measure was to continue in force in any county so long as The Canada Temperance Act should be in operation there. The facts in this connection are that the Government were asked if they would appoint Police Magistrates for the purposes of the Scoit Act, in cases in which the County Councils requested it*. To this they agreed. It was discovered after the subsequent w THE MOWAT GOVERNMENT. 83 election, however, that only two County Councils had taken advantage of this arrangement, and asked for the appointment of Magistrates. The Government were then asked by the friends of the Scott Act if they would take the power into their own hands, for the purpose of securing a better observance of the law. To this they agreed ; and made the appointments accordingly. In the same session, another Act was passed., providing for the payment of a share of the expenses of license district in such counties by the County Council, and applying to the cases of such counties, as to such license districts, the provisions of The Liquor License Act and its amendments. This was followed, in 1888, by a measure amending The Liquor License Act, by* providing for the appointment of License Commissioners in counties where the Scott Act was in force, and for the payment of expenses for enforcing The Liquor License Act in such districts or parts of districts ; also for the dis- posal of the license fund which might accrue in any such district. It should be noted that in no Province of the Dominion luaa the respcnsibility of enforcing the Scott Act assumed by a Pro- vincial Government, except in this Province, and that responsi- bility was assumed by the Mowat Administratio a, notwithstand- ing the refusal of the Dominion Parliament to provide the necessary legislation to secure its observance. During the past session Mr. Meredith attempted to make a point against the Government because in two polling divisions, out of all the counties in which the Canada Temperance Act had been repealed, complaint had been made that some licenses had been granted by commissioners contrary to the wishes of the people. On enquiry into the cases in question it was found that there were no legal petitions against the granting of the licenses signed by the majority of the electors. Even if there had been the commissioners were not bound to have regard to them, inas- much as section 11 of the License Act applies only to licenses which are to take effect on 1st May, whereas the Scott Act re- peals being after that date applications for licenses might be made and licenses issued at any time during the remainder of the year, and as a matter of fact the applications in question were considered some time in the month of June. All attempts to make capital against the Government in connection with the ad- ministration of the License Law proved abortive. Members of the Opposition who had any criticisms to make, in almost every case complained of alleged irregularities in parts of the Province remote from their own constituencies and generally on hearsay or newspaper information. Such complaints were in every case effectually disponed of by the Government. 84 THE MOWAT GOVKBNMENT, DEPARTMENT OF lORICVLTVRE. The determination of the Government to adopt all possible means for the advancement of this great branch of the country's interests was plainly evinced in 1888, when by Act of Parlia- ment they gave the office of Commissioner full ministerial powers, created the office of Minister of Agriculture, appointed a Minister, and required him to be elected by a constituency, and assigned hiui a seat in the Cabinet. They transferred to him all the interests of the department, and constituted him, besides, Registrar-General, for the statistical purposes of the registration of births, marriages and deaths. The management of our agri- cultural interests thus comes directly under the supervision of the people's representatives. The member of the House called to take charge of the new department was the Hon. Charles Drury, the representative of East Simcoe, a practical farmer, an experienced parliamentarian, and a gentleman who is not only an ornament to his profession, but one whose good judgment and energy in his department have already materially advanced its interests. The various statutes relating to the Department of Agriculture and Arts were consolidated in 1877, and again in 1886. By these consolidations and the accompanying amendments a great improvementhas been made in the working of the Department,and its relations to the various incorporated bodies in connection with it — the Agriculture and Arts Association, the Veterinary College, the Agricultural and Horticultural Societies, the Fruit-Growers' Association, the Entomological Society, the Dairymen's Associa- tions, the Poultry Association, the Bee Keepers' Association, and the Ontario Creameries Association. Besides the Acts passed for the purpose of making the machin- ery of the department., as a whole, moi« workable and more efficient, special statutes have been passed for the purpose of aid- ing, in various ways, the agricultural and horticultural industries of the Province. Of these the following are worthy of notice : — (1.) In 1878 an Act was passed authorizing township muni- cipalities, on certain condition:?, to borrow money from the Provincial Government, and loan it to farmers for the puipose of enabling them to tile-drain their land. The very low rate of five per cent is paid under the Act, but the precautions adopted make the transaction Muite safe for both Province and municipality, and. mmm THE MOWAT GOVERNMENT. 85 at the same time, reduce to a minimum the encroachment on the field of operation of private money lenders. (2.) The expediency of encouraging the planting of shade trees has been long maintained by the authorities on agriculture and climatology, and the Provincial Parliament, even before Con- federation, attempted to give eflfect to this view by legislation. More recently the Ontario Legislature renewed the attempt, but in neither case was the effort crowned with much success, partly because the provisions of the Statutes themselves were defective, and partly because no effective steps had been taken to educate public opinion on the subject. This was done to some extent by the Report of the Agricultural Commission of 1879, and for several years past the forestry propaganda has been ably kept up by the published reports of Mr. K. W. Phipps, who has been at work upon it under a commission fi-om the Government as Clerk of Forestry. In 1883, a new " Tree Planting Act," was passed, which, besides providing for the protection of planted trees, authorized the payment to the planter of twenty-five cents for each tree, half to be paid by the Municipality and half by the Province. (3.) The precedent set by the old Provincial Parliament in passing an Act to prevent the spread of Canada thistles was followed by the Ontario Legislature, when it passed in 1879 an Act to protect plum and cherry trees, and in 1881 an Act to protect peach and nectarine trees against infectious diseases. These Statutes were consolidated in 1884 into an " Act to Prevent the Spread of Noxious Weeds, and of Diseases affecting Fruit Trees," one of the most comprehensive and effective laws of the kind to be found in the statute book of any country. The interests of this important department were further con- served in 1888 by an Act establishing a uniform standard for milk sent to any creamery for the manufacture of butter ; and in the same session by an Act to provide as^ainst frauds in the supplying of milk to cheese and butter manufactories. In the session recently held, two important measures were passed, which will prove of advantage in the same direction. These were an Act lo make further provision for preventing the spread of contagious diseases among Horses ; and an Act for the suppression of foul brood among Bees. Both of these measures were introduced by the Hon. Minister of Agriculture. The Agricultnral College. The project of an Agricultural College and Experimental Farm was laid before the public pnor to 1872, and land for the use of 86 THE MOWAT GOVERNMENT. the institution had been purchased at Mimico, near Toronto. Deeming this land unsuitable for the purpose, the Mowat Govern- ment purchased the Stone farm, near Guelph, and the College was opened for students in 1874. For the next six years it was re- garded by the public as on trial, but eventually public opinion settled down so clearly in its favour that the Legislature formally chartered it in 1880 by -Act of Parliament. The objects of the institution are by that Statute defined to be (1) to give a theore- tical and practical education in agriculture, horticulture, arboricul- ture, applied science, stock-raising, and the construction of farm buildings, and other appliances ; (2) to furnish a fair English education to its agricultural students ; and (3) to conduct experi- ments with a view to furnishing farmers with trustworthy information as to the different varieties of trees, shrubs, cereals, grasses, fruits, roots, modes of cultivation, manures, breeds of animals, etc. The Statute provides for the annual publication of reports containing accounts of the operations of the College and Farm, and also for its regular organization under the control of the Department of Agriculture. A further improvement was made in 1886 by an Act which provides for the appointment of an "Advisory Board of practical agriculturists to advise and assist in the management of the College and Farm." These various enactments, all of which are the outcome of long experience, provide the institution with an organization superior to that of other institutions of the kind on this continent, and the work done is worthy of the provision made. The Farm attached to the College is the scene of extensive practical operations, in which the students take part. It thus f)erform3an important educational work, but its f uncticais are not imited to this. Each year a number of interesting and most in- structive experiments, some of them of a very elaboi ate cliaracter, are carried on, and the results are carefully compiled and pub- lished for the informr ti )n of the farming community. In this way are tested conflicting theories as to the value of different agricultural processes, of different breeds of live stock, and of different kinds of grain, roots, fruits, and trees. No private citizen could afford to conduct experiments on so considerable a scale, and even if he could no one would incur the cost of dissem- inating the information gratis to the community. And the fact is now generally recognised in all Agricultural countries of the first rank that unless experiments are constantly carried on alono- intelligent and well directed lines the industry cannot hope to ad- vance. The Agricultural College is in this particular doing for the farmers generally a service which none of them unaided could hope to do for himself. THE MOWAT GOVERNMENT. 87 Attendance of Students, The following analysis of the attendance roll shows the variety of localities, especially in this Province, from which the students come to secuie the advantages of this institution: — Countteg, etc. No. of Students. Hrant 3 liritiah Columbia 3 Carleton 4 Cape Breton 1 Dundas 2 England 22 Easfcx 1 France 2 Frontenac 1 Germany 1 Grey 8 Haldimand 2 Hamilton 2 Huron 3 Ontario (County) 2 Ottawa 1 Oxford 4 Peel 1 Perth 1 Piince Edward county 6 Quebec 2 Himcoe 3 Stormont 2 CouDties, etc. No. of Studentn. India 1 Kent 2 Lanark 3 Lincoln 4 Leeds 7 Tjennox 1 Middlesex 6 Muakoka I Newfoundland 2 New York, U. S. A 1 Norfolk 2 Northumberland 1 Northwest Territories. 1 Nova Scoiia 3 Switzerland 1 Toronto 4 Victoria ' .2 Waterloo 4 Welland 4 Wellington 1 York 6 Total. 134 in the financial statement it is shown that the College expenditure for maintenance was $24,168.55. From this may be substracted $6,570.45, bein^ the revenue of the College for the year. The expenditure in the maintenance of the Farm proper amounted ot $15,341.26 ; the chief items being salaries and wages, $2,794.20 ; live stock to replace stock sold after fire, $6,763 ; maintenance of live stock, $2,.599.88. In the Experimental Department $2,238 was paid out on plats and feeding, $4,321.63 on account of dairy, $2,991.84 on acc^iunt of garden, lawn, etc., and for instruction $1,214.73. The total expenditure for maintenance in all departments in 1889 was §45,592.35. Farmers Institutes. The usefulness of the institution has been greatly increased during the past few years by the holding of farmers* instioutes in various parts of the Province. These are attended by the diflerent members of the College and Farm staff, who read papers on appropriate subjects and take part with practical agriculturists in the discussion of topics relating to their work. Like the teachers' institutes, which have done so much for the improve- ment of pedagogical methods, these farmers' institutes seem 88 THE MOW AT GOVERNMENT. destined to bring within the reach of all who choose to attend them the ripest fruits at once of scientific research and of practi- cal skill. They are educating the farmers in improved methods and processes of agriculture, and thereby enabling them to carry on their various operations more successfully and at less cost than was possible under the old practices, before knowledge became the hand-maiden of Agriculture. In this great industry it is as true as in any other occupation or pursuit of life that Knowledge is Power.'and in the keenness of present day competition it is of the first consequence that the farmers of Ontario should be fortified with every advantage which superior information can aflbrd. Agricultural and Industrial Statistics. Immediately after Confederation, in the first session of the Ontario Legislature, an Act was ])assed which amongst other things created a " Bureau of Agriculture and Arts," whose func- tions were to be the collection and publication of facts and statistics relating to the agricultural, mechanical and manufactur- ing arts of the Province. The organization of this bureau was under this Statute very imperfect, and its functions w^ere very ineffectively discharged. In 1879 the Mowat Government, impressed with the desira- bility of ascertaining as accurately as possible the condition and requirements of the agricultural industry, appointed a commission of practical men, of all shades of political feeling, who for several months conducted their inquiries in all sections of the Province. The information thus collected was embodied in a voluminous re- port, which is still the most valuable work dealing with agricul- ture in any part of Canada. The impulse thus given to agriculture led to a complete re- organization of the work of the Department of Agriculture, and in 188/2 to the establishment of a Bureau to collect and publish statistics of the agricultural and other industries, now well know as the Bureau of Industries. This Bureau, which constitutes a branch of the work of the Department, is under the management of Mr. A. Blue, Deputy Minister of Agriculture. It has already won for itself a prom- inent place amongst the statistical bureaus of this continent, being second to none in the trustworthiness of its reports, and scarcely less distinguished for the minuteness and variety of the information it collects and publishes. This information relates largely to agricultural operations, but is by no means confined to them. The Bureau deals with raining, lumbering, and other staple THE MOWAT GOVERNMENT. 80 industries, and not merely shows how this country is progressing, but enables comparisons to be made between it and other countries in regard to rate of progress. It publishes reports during the summer season of the state of the crops of all kinds. Recogniz- ing the growing importance of the labour movement, it publishes information carefully collected and arranged as to the amount of demand for labour in the various occupations of the people, and the relation borne by the earnings of the labourer to the cost of living. The various natural resources of the Province are from time to time described, and information is given as to the means employed for their development. It also prepares and publishes yearly a mass of municipal statistics relating to assessment, tax- ation, receipts and expenditure for municipal purposes, growth of population, etc., besides statistics of the operations of Build- ing and Savings Societies. Useful as the Bureau has already already proved itself to be, it i. is only begun to show how bene- ficial its operations may become, as increased experience and changing conditions of social and industrial life suggest new spheres of investigation. The six Divisions of the service of this Bureau give statistical and other information concerning, (1) The^Weather and the Crops ; (2) Live Stock, the Dairy, and the Apiary ; (3) Values, Rents, and Farm Wages ; (4) Labor, Wages, and Cost of Living of the laboring and artisan classes ; (5) Municipal Statistics, and (6) Statistics of Building and Savings Societies. Voluminous reports on all the information collected under these headings are submitted to Parliament every year. Agricultural Societies. The Electoral District, Township, and Horticultural Societies, of which there are several in each county, receive grants from the Provincial Treasury, amounting in the aggregate to $(iO,000 a year. Each of these in its own locality aims at accomplishing objects similar to those kept in view by the Provincial Associa- tion, and collectively they exercise a most important influence on the development of the great agricultural industry. The total grant to these local societies has steadily increased from $53,721 in 1871 to $61,975 in 1889, the total amount granted during that period being $1,118,421, all of which is surplus revenue returned to the people. Good work in the way of mutual conference, and the dissemi- nation of useful information, is done each year by the Fruit- Growers' Association, the Entomological Society, the Dairymen's Associations, the Poultry Association, the Beekeepers' Association, IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1^ 1 2.8 :^ 1:2 1110 2.2 1.8 1.25 1.4 1^ ■• 6" — ► V2 <9 /} ^».^' A y /^ Photographic Sciences Corporation #> V s V 23 WEST M^'M STREET WEBSTER, NY MSBO (716) 873-4S03 ^ :\ \ "^ .M O^ % '^" (/j 80 THE MOWAT QOVERNMENT. and the Crenineries Aasociation, all of which are operated in close connection with the Agriculture and Arts firanch. The annual reports of these different bodies are published at the expense of the Province, 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 successfully carried on, and it is tno policy of the Department to make them as useful as possible in conducting experiments, comparing notes, and educating the public. Immiff ration. The policy pursued by the Ontario Government for many years past has been to promote the imsuigraiion uf nu 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,t00. The cost, per head, oi: immigrants brought into and settled within the Province has been reduced from $2.74 in 1880 to $1.30 in 1885, and to 44 cents in 1889. 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 Effeoto. 10,873 Not reported. 16,893 " It (I <( 1868 1869 1870 26,690 1871 26,842 1872 28,129 1873 39,184 1874 31,720 1875 21,761 $328,236 1876 19,123 279,138 1877 17,879 306,662 1878 17,940 311,117 1879.... 28,827... 244,618 18i0 24,726 268,919 1881 26,2U0 313,075 1882 34,206 603,032 1883 40,494 533,296 1884 33,494 405,770 THE MOWAT OOVIBNHENT. •1 1883 1886 1887 18rt8 1880 21,002 389.138 22,467 435,364 25.744 378,264 27,222 421,928 23,198 457,894 ToUl 9560,554 •5,566,446 The character of the immigrants seonred under the present system, and the vahie 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 tc persons wno have received a professional training, important laws have during the past few years been placed on the statute book of the Province by this Qovemment for the purpose of protecting more effectually the public health, especially against the ravages of infectious diseases. The first of these was 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-Qovernor in Coun- cil, during the prevalence of any formidable epidemic, endemic or contagious disease ; " f(»r the proclaiming of infected districts ; and generally for taking such %teps as may seem to the Boards of Health necessary 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 public 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 diseases, or of excessive mortality, in specified localities. A third is to keep at all times an ade(|UHtc 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 H THB MOWAT GOVERNMENT. stringent measures for the suppression of small-pox and other in> factious 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.oi Health, and also to Local Boards, 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 1866, 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 supply of vaccine matter ; and further providing for complaint by a tenant or other person before a magistrate in cases ot 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, n, Medical Health Ofheer, 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 most terrible kind. The annual reports of the Board, and its THE MOWAT OOVEIINIIBNT. 03 other publications, have done much to disseminate useful sanitary information, and it has been instrumental by means of investiga- tions in removing many local sources of malarial and other diseases. The Secretary of the Provincial Board, Dr. Peter H. Bryce, is generally recognised throughout Canada and the United States as one of the ablest and moat efficient sanitarians in America. 94 TBB MOWAT QOVfiRNMEMT. DEPARTMBNT OF IDVCATION. In 187G, the Department of Education was plnced under tho 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 peop.e. This was in dirf»ct conformity to the advice of the late distinguished Chief Superintendent of Edi:cation, the Rev. Dr. Ryerson. It may be of interest to quote the opinion of the late Rev. Dr. Ryerson on this important subject. As early as 18G8, he strenu- ously urged the change, and that, too, in full view of his twenty- four years' experience as Chief Superintendent of tho Depart- ment under the old system. The following extracts are taken, from his letter to the late Hon. M. C. Cameron, then Prcvincial Secretary, of Doc. 7th, 1808 :— ** The Department of Public Inttruotion should be under the mansgement of a member of the Executive Council, to be designated ' Minister of I'ublic Instruction,' 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 ur legislative grant, to inspect and examine, from time to time, personally or any person appointed by him, into the character and working uf such institution ; and by him shall all public moneys be paid in support or uid 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 has acquired such gigantic dimensions, And the network of its operations so pervades every municipality ot the land, and is so interwoven with our municipal and judicial systems of government, that I thii'k its administratiop 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 is sound in principle and wise in policy. During the past year I have presented a .'eport on school systems in other countries, with a view of improving my own ; and the Legislative Assembly has appointed a Select Cjmmittee for the same purpose. 1 have, therefore, thought this was the proper time to suggest the modification and extension of the Department of Public Instruction." This letter was acknowledged on Jan. 30th, 1869. In the course of his reply, the Provincial Secretary wrote as follows : — " I am directed by His Exoellency the Lieutenant-Governor to thank you for the valuable suggestions contained in your letter, and to request that you THE MOWAT QOVltRNMENT. 9t5 wUl oontinu* io diMluurga ihoae important duties, which you bavo performed tot a quarter of a century with so much credit to yourself and benefit to the people of this Provinoe, until Bis Excellency'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 Cunnoil." Dr. RyersoQ consented to continue the former state of things for the time being. On the 10th of February, 1872, however, he reneweci the subject in a letter to the Hon. Edward Blake, then Premier >i Ontario. In this letter he said : — » " 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 Oanada, and to s greater age. . . . " The infirmities of age must compel me to retire before lonit ; and I have thought my immediate or early retirement would enable the Guverument to exercise its discretion more freely in regard to the Department, and system of Public Instruction. . . . " In case you concur in what I ht re above intimated, I would suggest the creation of the oflioe of Minister of Public Instruction, and the appointment of yourself to it, as is the Premier in Lower Canada, bringing the University, U. C. College, Institutions of Deaf and Blind, as well as the Nurnial, High and Public Schools, under direfit gc^'ammental supervision." / Conaolidation of the School Act, In 1874 the school laws of the Province were consolidated, and again in 1877. Between 1877 and 1885 amendments of a more or less important character were from time to time made in it, and in the latter year it was again consolidated, amended, and greatly simplified. Amongst the many improvements which have been made since 1872 in our School System are the following : — (1) The establishment of County Model Schools for the Professional train- ing of intending Public School training. (2) The adaptation of Collegiate Institutes to the professional training of intiended Bigh School teachers. (3) A more uniform system of examining and classifying Public School teactiers. (4) Greater encouragement siven to the organisation of County Teachers' Institutes and the formation of local professional libraries. (5) The abolition of the book, map, and apparatus depository in conn action with the Education Department, leaving to ordinary commercial enterprise the taak of famishing educational suppliee. (6) Mora effective utilixation of the High Schools for the non professional 96 THE HOWAT GOVEBNMBNT. training, and of th« ProTinoial Normal Schools for the provincial training of taaohen. (7) The granting of power to trueteea of High Schooli and Collegiate In- stitute! to expropriate land for High School purpoieii. (8) The aelection by the Department of suitable text-books in the several subjects of Public and Hi^jh School study, to the exclusion of such books as mav be unauthorised and unsuitable. This arrangement insures uniformity, and the establishment of Institutes for the training of High School masters and tends to greater proficiency in study. (9) " Before 1870, school trustees determined, without reference to the peo* Ele, how much money should be expended for the erection of a new school- ouse or the enlargement of a school site ; now there can be no more expen- diture for either of such purposes without first obtaining the consent of the ratepayers concerned at a public meeting called for considering the ques- tion. " (10) Formerly trustees levied and collected all taxes for school purposes at a great expense to the ratepayers ; now they are able to employ the ordin- ary municipal machinery for this purpose. The saving in this way alone for the collection of the sum of $2,685,021 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 ^e ofliocrs of the municipality engaged in conducting the municipal elections. **(\2) Providing that school debentures shall be issued by the muni- cipality, and not by the school section, as formerly, so that school trustees are able to borrow money at a lower rate of interest^ and vorj often ou much better terras ss to premium, etc. " (13) Simplifying the machinery for forming, altering or dissolving union school sections. " (14) Arranging for the gradual extinction of the superannuated 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 31 under the new. Higher Education. The changes obove named were intended mainly to apply to our Public and High Schools. But those were not the only improvements effected. The University Act of 1853 continued without amendment till 1873, when extensive changes were made in the constitution of the Provincial University. (Don- 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. 07 University was placed on an improved footing. The University Act was in 1877 consolidated with the above and other amend- ing Acts, and the Statutes regulating University College and Upper Canada College were 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 Collece, providing for the transference to the University of Toronto of the present U. C. College site and buildings, and for the erection ana equipment of new buildings for Upper Canada College. Provision was also made the same year lor the feder- ation of other universities with the university of Toronto. School of Practical Science. In 1873 the Legislature passed a Statute creating a " School of Practical Science fur 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 uvgency 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 waa granted for the purpose of supplying the necessary machinery and apparatus for a complete course in Civil Engineer- ing, Mining Engmeering, 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 Government 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 edticaiional pur- poaea, was $295,962 ; the average amount paid during the last eighteen years was $ff3ti,000, or an average increase of 78 per cent The total num paid out of the Provincial treasury for educational purposes since 1871 amounts to $tt,448,8»8. Out of the whole sum voted by the Legislature in 1871 for ed- ucational purposes, 73 per cent went directly to the public in re- 7 .a 93 THE MOWAT QOVERNMENT. lief of local taxation ; in 1889 no less than 80 per cent, was given to the people for a similar purpose. The grants to Public and Separate Schools rose from a yearly average of $167,540 during the Sandfield Macdonald period, to a yearly average of $SUIo,818, during the Mowat regime; the grant to Poor schools from $5,090 in 1871 to $94,939 in 1889 ; the grant to Highr schools from $71,486 to $98,37;i in 1889. Besides the aid given directly to education bv 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 efEcienoy of our schools in other ways. In 1871 we had but one Normal school, for which the Qovemmet contributed the sum of $17,78 5; in 1889 we had two Normal schools, for which the Government contributed the sum of $41,484. In 1871 we had no county Model schools for training third-class teachers ; in 1889 we kad 58 county Model schools, to which the Qovernment con- tributed $8,700. In 1871 we had no Training Institutes for High school masters ; in 1889 we had five Training Institutes, to which the Qovernment contributed $2,100. In 1,871 we had no Art schools for teaching mechanics and others drawing, and the elements of industrial design; in 1889 we had eiglit Art schools, to which the Qovernment contributed $4,916. In 1871 we had no properly organized Teachers' Associations ; in 1889 we had 66 Associations, attended by 6,882 teachers, to which the Govern- ment contributed $1,8S0. 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 Qovernment con- tributed $31,429. The following ^^rants to Public, Separate and High Schools from 1872-1889 inclusive, shows the liberality of the Mowat Qovernment towards education during this last eighteen years : AMOUNT GRANTED TO COUNTIES. (Indadiag Inoorporated VUlitftes and Towns, but not Cities.) Bnmt $79,670 Bruce 164,786 Oarleton 83,961 Dufferin 36»983 Dundas 69,511 Dnritam 129.829 Elgin 112,620 Bssex 116,866 Frontenao 80,270 Olengany 67,115 Grey. 184,501 Haldimand 87,;{68 Haliburton 32,741 Halton 67.462 Hastings 142,813 Huron 210,466 Kent 135,103 Lambton 127,685 Lanark 142,466 Leeds and Grenville 200,867 Lennox and Addington 97,678 Lincoln 108,661 Middlesex 202,746 Norfolk 109,026 Northumberland 163,648 Ontario 188,614 Oxford 160,460 Peel 85,iaa THE MOWAT OOVBRNMBNT. 99 P«rth 178,263 P«t«rboroMgh 133,663 PrMCott Md Uamll 99,906 Prinoe Edward 963,291 Renfrew 140,820 Simooe 266,071 Stormont 63,337 Victoria 161,434 Waterloo 187.963 Welland 99,886 Wellington 185.669 Wentworth. 97,994 York 190,060 DUtricte 139,498 Total (Ck>anUet) $5,311,916 OITIBS. BeUeviUe. 926,067 Brantf ord 46,662 Ouelph 28,616 Ramilton lS7,37e Kingston 66,656 London 82.066 Ottawa 96,166 St Catkarinea 48,947 St Thomas 29,467 Stratford 16,133 Toronto 246,029 Total 822,163 Grand Tutal •6.134,069 Salaries of Teachera. The average of the salaries paid to teachers in Ontario, as com- pared with toe 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 Teaoheri, Female Teaohen, per month. per month. Illinois 161.48 42.17 Maine 33.82 20.70 Musachusetta 116 85 44.93 Michigan 45.31 31.06 Ohio 55.00 40.00 Penniylvania 38.53 29.86 Ontario 35.36 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 : — Coat Per PujyU, Ohio 12.70 MaMaohaaetta 19.8^ Miohij^an 11.71 New York 13.68 Ontario 7.75 Provincial, Normal and Model Schools. Tt 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 has been found possible to greatly reduce expenditures in some branchea The following 100 THE MO'VAT GOVRRNMENT. table, for instonce, shows the growth and expenditure of the Normal and Model Schools since 1878 : — Ybar. 1878 1«7» 1880 1881 1882 1883 1884 1885 1880 1887 1888 1889 >5 14 15 Vi 15 u; 15 15 12 11 VA 12 12 226 421) 48;) 418 2(i0 3:i8 351 405 439 441 445 442 8 8 15 15 15 10 16 17 18 18 21 22 382 391 607 799 760 742 658 660 763 794 928 •7762 00 7796 00 9122 00 115i>3 00 13783 50 13232 00 12106 75 11362 60 11525 00 13427 00 14695 00 16502 00 ^1 .53 H $34032 92 33719 68 36694 07 41808 43 44888 02 45540 40 40721 02 87477 80 37477 89 40131 24 39495 86 41494 15 FKENCa AND GERMAN SCHOOLS. French Canadians from the Province of Quebec commenced to settle in the counties of Prescott and Russell about 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 these French schools by a letter from the Secretary of the Board of Public Instruction for the County of Essex to the Chief Superintendent, in the follow- ing teniis : Office of tkk Board of Pubuo Instruction, Sandwich, April 12th, 1851. Sib, — I have been directed by the Board of Public Instruction for the County of Essex to refer to your consideration the case of a candidate who made application to-day for a certificate of qualification as teacher. ^ It may not, perhaps, be necessary to inform you that the majority of the inhabitants of the township of Sandwich are French Canadian, that the THK MOWAT noveRNMENT. 101 French l»nf)uige it in verf general uee, and that in most of the lohool see* t'lons of the townahip the teaohera and pupila being French, the ezeroiMa and inatruotion in the sohooU are oonduoted in that langnage. Of the candidatea preaenting themaeWea before the Board of Publio Inatruoiion and belonging to the townahip of Sandwioh, there haa not hitherto been anf one who did not {loaaeaa, at all e?enta, in aome degree, a knowledge of Bngliah language. Mr. Gigon, who came before the Board to-dajr, ia entirely ignorant of it, and upon reference t«> the prozratnme of examination preaoribed by the Cuun- oil of Public Inatruotion, the Board of Examinera preaent felt conatrained to refute to grant, at preaent, a certificate of qualification. Aa, however, it might poeaibly be urged on behalf of Mr. Ci^on, that in thb part of Upper Canada, in the midat of a French community, the pro* gramme of examination ahould nQt bo atrictly adhered to, and that there would be injustice in debarring a teacher from deiiiringaparticii;'\tir>n in the QoTornment appropriation of moneya for schools, because althougi. . ipable of imparting the elements of a good education, he conveys iniitrjcti." only in the French language, the languaa^e of the pupils who attend his school — the B> ard have deemed Mr. Gigon'a ra^ of sufficient important -^ to be sub- mitted to the Chief Superintendent aa being decisive of the prii. \>le whether or not it is an essential toward the obtaining of Govemmr^nt auppor tLui teachers of common '• I, •- 's should deliver or be able to deliver their ic true- tions in the English language. Previeua tt '^*r. Gigun'o appearing before the Board, a memorial, u copy of which [ beg leave to furnish herewith, was presented to the Board on ' half of aome very reapectable Canadian habitana of the school section in which Mr. Gigon is keeping school. I must mention to ^ou in connection with this memorial that Mr. Gigon produced a ptoper certificate of having taken the oath of allegiance and also a very excellent teatimonial as to character and capability as a teacher from Monaicur P^re Point. Mr. Gigon stated that there were about fifty pupils attending his school, all of them very young and all of whom spoke only the French language. I remain, etc., 8. J. MACDONBLL. J. O. HooQiNB, Esq., Sec. B. P. 1. fur Essex. Dep. Supt., Toronto. The First Regulation. On the 2oth 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 0-)rman Grammar be substitut4*d for a knowledge of English grammar, and that the certificate to the teacher he expreasly limited accordingly. On the 30th April, the following letter was sent to the local superintendent : — Education OrricK, Tobonto, 30th April, 1861. SiB, — I have the honor to acknowledge the receipt of your letter of the ]6th inst., enclosing a oommnnication from the Trustees of School Section No. 0, Townahip of Sandwioh, and to state in reply that there ia nothing in 102 THE MOWAT GOVEBNMBNT. the School Aot to pravent the Board o£ Publio Instruotion for the County of EsMX from granting a certificate cf qualification to Auy person upon paae 'ug the requisite examination, who shall have complied with the conditions cou- tained in the 2nd clause of the 29th section of the School Act. Mr. Gigon having complied with these conditions as intimated in a letter I have received from the Secretary of the County Board, the Council of Pab- lie Instruotion for Upper Canada has sanctioned a liberal construction of the programme for the examination and classification of teachers, making the term *' 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 tht County Board, the Trusteen can engage his services^ and no Board or school ot&cen can prevent them, as has been assumed in a memorial trans- mitted to me by the Secretary of the County Board from certain inhabitants of School Section No. 6, Sandwich. ^ I nftvft oiic p. MoMuLUN, Esq., J. GEORGE HODGINS. Local Superintendent, 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 : 165. In addition to the examination conducted in the French or the Ger- man language, eveiy candidate for a teacher's certificate shall be required to pass such examinations in En:;lish 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 English grammar and translation from French or German into English was, for the firot time made 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 Jn Eastern Ontario for those who were expected to teach in the THE MOWAT OOVKaNMENT. 108 French schools. Under the date of 25th of May, 1886, Mr. Sum- merby, Inspector for the counties of Presoott and Russell, wrote to the Minister of Education as follows : ^ RcssBLL, 35th May, 1886. Sib, — Our Board of Exuninera and onr County Oonnoil are anxious to ' have some provision made for the professional training of the teachers of our Frenoh 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 Depart- ment, as instructed by the Minister, replied as follows : Toronto, 14th June, 1886. Dkar Sir, — Your letter of the 25th ult has been under consideration, [of the Minister] and you are hereby authorised 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 him 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 granted 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 weak in their non- professional work. Arrangements could be made for an examination at the close of the term in this work, as well as the professions). 5. That a suitable building of at least three rooms be provided. The usual grant of $150 will be made on the above conditions. Yours, etc., ALEX. MARLING, Secretary. W. J. SuMMBBBT, Esq., I. P. S. Prescott and RusseU, Russell. Training School 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. Sib, — Referring to the proposed Model School for the training of French teachers, I have the honour to report for the informati a of the Honourable the Minister of Education that we were unable to establish it owing to the fact that no suitable and properly Qualified principal oould be found to take duurge of -it. I have, etc-, W. J. SUMMERBY, The Sbcrktjiry, ^ Inspector Public Schools. Education Department, Toronto. 104 THE MOWAT GOVERNMENT. In August, 188J), renewed efforts were made by the MiniHter ol Education to establish the desired Model School. On the 4th of October, the Board of Examiners for the County met and passed a resolution establishing a French Model School at the village of Plantagenet, provided the Trustees accept the following con- ditions, viz. : — Russell, 7th Oct., 1889. Dkar Sir, — On the 4th inatrnt our Board of Examiners met at Plaii- tagenet and paued a resolution establishing the French Model School at thai Tillage, if the Trustees accept it on the following conditions : — 1. That the school be in operation for the trainiag of teachers during the whole year. 2. That the school be free to the students in training for at least three years 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 teaeh in Ontario, and that one of them at least be a Normal trained teacher, holding at least a Second Class Oertilicate. 5. That the Model School Master be Principal of the Public School as is now provided for by the regulations governing Oounty Model Schools. 6. That the Board of Trustees provide the required accommodation and have the school ready to go into operation on the drst of January, 1890. Your obedient Servant, (Signed) W. J, SUMMERBY, Inspector Publi' Johools. Hon. G. W. Ross, Minister cf Education, Toronto. Training School Established. On the 19th of the same month the Trustees accepted thes<^ conditions, and on the 12th January, 1890, the school was openef' with 23 teachers in training. So highly was the action of the Education Deparmcnt appreci ated, that the County Council voted $800 for its sustenance. Th Assembly, at its last session, voted $600, and the school is re ported as doing well. We have, therefore, for the first time ii the history of our school system, made a practical effai't to trail young men and women of French origin for doin ; good work ii the French schools of the Province. French and Gernyxn Text-Boohs. ^ 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 GOVKRNMRNT. 105 Cleakvillb, 26th September, 1856. Rbv. Sib,— In the Townships of Dover EMt and Weet are two French Bchoola, which use a series of French books, recommended by the Archbishop of Paris and other French dignitaries of the Church of Rome, and which are exclusively devoted to the teaching of the peculiar dogmas of that church. 1 write you to know whether any common school can bis made sectarian when all the inhabitants of the section are agreed to its being such 1 Also, when it is necessary to use books in the French language, what series of books would you recommend ? I have, etc., Rkv. E. Rtbrson, D. D., Chief Superintendent, Toronto. D. MILLS, Local Supt. Co. of Kent. To this letter the following reply was sent : 8th October, 1 St'C. Sib, — I have the honor to state in reply to your letter of the 25th ult. that as there is no list of books prescribed or recommended for French schools, smd as it may be presumed that the pupil* attending them are for the most part or altogether Roman Catholics, I do not see that we 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, Esq., iSupt. Co. of Kent, Clearville. French Text Books Authoriaed. In 1868 the Council of Public Instruction authorised text- books in Grammar, 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 text- books used in mixed schools in the Province of Quebec, but, as the supporters of the French schools were nearly all Roman Cath- olics, the text books in common use were of a denominational character, and such as were .itable only for Separate. Schools. In 1887 an effort was made to revise the list of French text- hooks, and the following-letter was addressed by the Minister of Education to the Inspectors : Toronto, 5th July, 1887. My Dbar Sir, — I would like to revise the list of the authorised books for use in those Public Schools where both French and English are taught. You are aware that the only authorised books in such schools now are, in Engliah, 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 GOVERNMENT. the improremenU thah have been made Bince 1868, I would like to get snch ■uggestiona in regard to books in the French language in the sabjects of the Publio School currioalum as you might think would be useful. Yours truly, GEO. W. ROSS. Thbo. Qihabdot, Esq., I. P. S., Sandwioh, Ont. Similar letters were sent to Inspectors Dufort and Summerby. Bi-lingual 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 them 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 dilfi- 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.Pubiic Instruction authorised the Board of Examiners 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 18S5. The use of denominational 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 as far as the oiroumstances of his school permit. Any modifications deemed necessary should be made only with the concurrence of the laspector and the trustees. In French and German Scliools the iiulhortied Readers shall be used In addition to any text-bookt In either of the lauvuagct aioreaald. ■ This Regulation was followed by instructions to the teachers of French Schools, as to how the subjects of Beading, Spelling, Composition and Grammar should be taught, and tUey were re* THE MO WAT GOVERNMENT. 107 quired t>o give at least 2 hours per week to the 1 st and 2nd forms, and 4 hours per week to the 3rd and 4th forms, or 12 hours per week in all to the study of English, an average of nearly 2^ hours per day. On the 2J)rd February, 1887, as the result of this change in the Regulations, Mr. Summerby, 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 2yrd February, 1889, the Inspectors reported that English was taught in every school. Mr. Summerby s statement was as follows ; School Inspector's Offiob, Russell, 23rd February, 1889. Dear Sir, — I am in receipt of the printed copy of the resolution respect- ing the French schools and shall endeavor to have the information af>ked for ready for entry when the schedule comes to hand. Last year I had to report that we had six schools in which English was hot taught. Mr. Dufort has made a verbal report to me that these six fell into line during 1888, so 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 Education, Toronto. and Mr. Dufort's, dated 25th February, was as follows : CuRBAN, 25th February, 1889. Thf 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 1 now have the pleasure of stating thai English is taught in all the schools more or less. Your obedient servant, O. DUFORT, Assistant I. P. S, Appointment of Commiasionera. 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- er, 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 lOS THE MO WAT GOVERN MKNT. 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 Pres- cott and Russell, they reported as follows: With reference to the inBtructions contained in your circular just quoted '(respecting the vtudy of English) we find : I. That Bome English is ta'ight in every school. IT. 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 lexst 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 tie time prescribed is given. VI. That in very few schools has sufficient attention been given to coUo- ^quial exercises. In several schools only young children were present, and classes were therefore confined to pupils in the First Reader. It should be mentioned, h ti II 11 «i " Of the sixty -nine teaohen employed ia the French schook inspected by us, only three had attended a High School, and only two had re- ceived any training in either a Normal or a Model School in Ontario. One had a Second Class certificate, one had a Third Class certificate, two had County Board certificates, forty-seven had District certificates, and eighteen, of whom five were assistants, had Permits granted by the Inspectors. Takint; the proficiency of the French teachers in the use of the English language as the basis of classification, twenty-six may be classed as good, twenty as fair, and nineteen as not competent to teach English with any degree of eflScieucy." Of the Essex Teachers they said : — " Of the 34 French teachers employed in there schools, twenty-nine could speak English with considerable fluency. The remaining five could sp«ak a little English, but not enough to enable them to give instruction effi- citintly in this language. Six English-speaking teachers were employed, and five of these were more or lees qualified to give instruction in French. Four teachers have Second Class Certificates, twenty-six have Third Class, seven have Permits, and three teschers in the Windsor school have no regular certificates. As the schedule shows, this school was set apart by the Public School Board for Roman Catholic children, and these teachers have been engaged by the Board on their qualification as Separate School teachers. Twenty- five had received professioi.al training in Ontario, and six had received their education in the Province of Queb^." l^ext Books. With regard to the Text-Books used they said : — *' Of the 97 schools inspected by us, 24 are supplied with a full set of the " authorised English text-bocks, 43 have the full set of Ontario Readers, or "have the the I., II. and III. books with other authorised English text- " books, as shown in the schedule ; 19 have 1. and II. books, and 11 have ♦'the I. book only." They also found in use in many schools text-books of a de- nominational character, such as could with propriety be used only by Roman Catholic children. And further, that religious instruc- tion was given in many schools during school hours, and recom- mended that the attention of Trustees be called to this matter. > Recommendations. In order to promote the efficiency of these schools they recom- mended : 110 THE MOWAT GOVERNMENT. (1.) The establishmentof a Training School for French teachers. (2.) A special Institute for young and inexperienced teachers. (3.) The necessity of using English orally to a greater extent than prevailed usually in these scnools. (4.) The authorisation of Bi-lingual Readers. (5.) The discontinuance of the use of unauthorised text-books. All these recommendations were adopted by the Department and special instructions sent to each school with regai'd to them. In closing their report they made the following observations : — " There can be no question aa to the fact that in all the French achools in the several counties visited, notwithstanding particular cases of backward- ness or rnefflciency, an effort is being made to impart a knowledge of the English language ; and not only so, but this work is receiving a larger amount of attention than in former years. There are some of these schools in which English has been well taught for many years, so Jbhat they are practically English schools. There are also some, as will be seen from the statistical statement forming part of this report, in which the English language is largely used in the work of the school. This is the case more particularly in the counties of Essex and Kent. " There are some schools in which the time given to English and the use of that language in the school are too limited ; but even in these, more attention is paid to English than for lerly, and the use made of it in the work of instruction is greater than it was a few years ago. " In dealing with these schools, in order to raise them to a higher standard, and to secure .a satisfactory teaching of the English language in them, time must be allowed, and patience must be exercised. For many years the French people were allowed to conduct their schools in their own way, no exception being taken either by the Education Department, or by the Public. Special provision was made to secure French teachers for them^ and French text-books were authorised for tneir schools. They have lived for a long period in the localities where they are found, enjoying the use of their native language. They are strongly attached to it. It is the language of their fathers, and the language used in their homes and spoken by their children. It is natural that they should cherish it with affection, and desire their children to acquire a knowledge of it. If the schools are dealt with justly, and with due consideration for the feelings of the people, and if the recommendations made in this report are adopted, we believe these schools, within a reasonable time, will be raised to a degree of eflicienoy that will be satisfactory to both the English and the French people." The same Commissioners afterwards visited the German Schools, 18 in all, and found unauthorised text- books in some schools. The regulations with regard to religious instruction were disregarded in several instances. Instructions were issued by the Department to the German Schools to the same effect as those already referred to in the case of French Schools, and text-books of a purely undenominational character were authorised, to take the place of those objected to- by the Commissioners. THE MOWAT QOVKRNMEKT. Ill Enforcing the Regulations, In order to ascertain the effect of the Regulations, the Minister of Education addressed the following letter to the Inspectors of Frescott, Russell, Kent and Essex : ToKONTO,10th February, 1890. My Deau Sir, — On the 22ad October last I tranamitted to 70a *' Inatmo- tions" for teachera aiid trustees of French achoola, with a requeat 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 particulary as to the extent to which English was studied and the regulations observed with respect to unauthorised text- books and religious exercises. As you vrill probably by this time have visited a number, if not all of the schools in which the regulations of the Department in the particulara above referred to were not faiihf ally carried out, you would, 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. Youra truly, (Signed) QEO. W. ROSS. Theo. 61RARDOT, Esq., I I. P. S., Sandwich. A similar letter was addressed to Inspectors J. 0. Morgan, Dufort and Nichols. Report of the Inspector for Prescott and Ru88eU. The Inspector of Prescott and Russell, Mr. 0. Dufort, replied as follows : 1 desire to state also that the bi-Iingual text-books are being introduced as fast as possible, and within a year they will entirely supersede the Mont- petit series. 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 trnining school has been opened with twenty-three stndente, is well received by the people everywhere, and liberally assisted by the County and Township Councils. Respectfully yours, 0. DUFORT, Assist I. P. S. CuRRAN, Feb. 16th, 1890. Report of the Inspector for Kent, The Inspector of Kent, Wilmot M. Nichols, B. A., replied aa follows : 112 THE MOWAT GOVKKNMENT. Blenhrim, llth February, 1890. Sir, — I have the honor to report that ao aoon aa practicable I personally delivered a copy of the luatruotiona both in English and in French to the teachers of those of my schools in which these two languages are used in teaching. I also left copies for the trustees, and at the same time called special attention to the Bi-lingual Readers, informing the teachers where these could be readily obtained, as I had requested a dealer to keep a supply in order that there should bo no difficulty in this direction. I may here say that so long as the teaching of French is considere I a necessity in such schools, 1 confidently expect much better results from the use of the bi-lin- gual series than have been obtained hitherto. These books will be introduced at once, but only as favorable occasion offers on the promotion of pupils, and so as to avoid cause of complaint that undue haste has been made in effecting the change. Report of the Inspector for Essex. The Inapector of Esse^, Mr. Th. Girardot, leplied as follows: To the Honorable G. W. Ross, Minister of Education. HoNORABLB SiR, — In regard to the state of the French schools under my supervision in the Oounty 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 only in the beginning of the year, they could not be introduced before, but I am aware that they are now used in most of the schools. The other French books used presently are all authorised. As far as 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 smoothlv. 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 veiy 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 : THE MOW AT OOVEUNMENT. 113 Mr. Ross {Middlesex), moved in amendment, seconded by Mr. Frazer, That all the words of the motion after the fint word " That" be omitted therefrom, and that the followinft be Bubatituted instead thereof, ** the fol- lowing Regulations of the Education Department have been in force since the tenth of February last, namely : — 1. In school sections where the French or German language prevails, the trustees, with the approval of the Inspector, may, in t edition to the course of study prescribed for Public Schools, require instvu'^'.ioo to be given in reading, grammar and composition to such pupils ad ure directed by their parents or guardians to study either of these languages, 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 exerdse and recita- tion from the text-books prescribed for Public Schools, in the English lan- guage, and all communication between teacher aud pupil in regard to matters of discipline and in the management of the school shall be in English, except so far as this is impracticable by reason of the pupil not understanding Eng- lish. Recitations in 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 li^rty to use his own diHcretion as to what explanations he will give in any other language that appears to be better known by the pupil. The standard of efficiency 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 qualified to teach Eng- lish, the Board of Examiners for the county, with the approval of the Educa- tion Dopattsucnt, 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 Model Schools, give a full literary course in English in all the subjects pre- scribed for Third Class Teachers' Certificates, or for District Certificates as the Board may direct. The final examination for certificates to teach shall be conducted in the English language. There shall also be a final examina- tion in the French or German language, iu reading, grammar and composi- tion. Boards of Examiners shall possess all the powers with respect to such schools 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 Mr. Craig's Bill were briefly ; (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 schools. 8 114 THE MOWAT GOVKItNMENT. (3) The Bill did not require Enslish to be uied in the management and discipline of the aohool, ai required by the Regulations. (4) The Bill subatituted the withdrawal of the teacher's certificate for the present law by which the School grant is withdrawn for a violation of the Regulations of the Department, and thus introduced a new principle into school legislation. (5) When a Teacher or Board of Trustees failed to carry out the provisions of the Bill in s[ood faith, then the use of French was to be prohibited in such schools, that u, the pupils were to be instructed in English, no matter whether they understood a word of it or not, because the teacher pr trustees violated the law. (G) Moreover, it was pointed out that the mover of the Bill took the P^round last year, that "English should bia the only language of instruction in all our Public schools." His words were, as reported in the Empire of March 9th, 1889 : " Were thev willing to have two languages in this Province in the Public " Sehools of Ontario if such were not the desire of the people, the English " lansuase only should be taught." " He did not want to speak a word against the French language but as ** this was essentially an Engliah-speakiog 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. Mereidith in the same debate said that the course outlined by his ** friend, the meaaber for E. Durham, should prevail in the education of the *' ^oung in this country, and he would give the broadest utterance to his feel- *' ugs, even if the result should be to drive him from public life." The Qovernment Policy, The 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 Qerman in our public schools, we will not allow our French and German fellow-citizens to be regarded as 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, as entirely repug- nant to the development of a national spirit and the nnification of the people of this country. (Applause.) As Anglo-Saxons we are in the majority, and we should not only be manly and chivalrous, but we should be generous as well, to this minority. It is certainly no proof of our right to supremacy to be sectional and autocratic. We shall, therefore, as a Govemmeat, deal with this question not according to the course laid out for us by designing agita- tors, but we trust in a calm, dispassionate and reasonable way, assuring our- selves at every step that no public interests are sacriticed or no private right ignored. (Loud applause.) (1) We nhall not prohibU absolutely the aindy of French or German in any school where the local wants of the population ren- der a knowledge of these languages desirable or necessary. The policy enun- ciated by Mr. Craig in the House last session we do not propose to accept. (Cheers.) He demanded that there should be but one language taught in our Public Schools. We thiitk such a policy would be arbitrary and unwise. Germany has tried it in Alsace and Lorraine with doubtful efiect. Russia THE MOWAT GOVERNMENT. 115 hu tried it in Poland ilso with doubtful effect. Our ooune will be after different procedinga. If the Britiah Government can tolerate French in the Channel liilaudn, Welsh in Wales, Gtulio in Scotland, and Erse in Ireland, without endangering her institutiuna, we oan surely allow our Fronch and German fellow-citizens to receive instruction in the language which for social and domestic purposes, and even in some cases for business purposes, is a matter of consiilerable importance to them. (Hear, hear.) (2) We do not propose to regard our French and German felluw-citizons as barbarians and reactionary, simply bucause they do not spouk the English lan^ua^e as rtueutly as we do, ^r bccauso they may not adopt in every respect the forms tmd customs of our race. " We will not allow our opponents to assume that all this zeal for one national language is the outcome of patriotic enthuaiasni for ihe uiiitication of the country and the perpetuation of oivil liberty ! 1 think it requires but little penetration to see through the thin veil of hypocrisy under which all their pretensions are concet' > A few years ago Prescott, Russell and Essex were represented in the Luc^ Legislature by Conservatives. There was no cry then of French aggression and French invasion. In nearly half these Echools at that time no English was taught, and few of the authoriztd text books were used. The teachers were not as capable 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 Ontario in those days i lu 1883, when Tory members, by virtue of the votes of the Frenchmen in these counties, sat in the Legislative Assembly, were they the champions of Ens;- lish schools they pretend to be to-day ? When the Government submitted to the regulations ot 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 Tory member for Essex, aay a word in support of the policy then instituted i Not a word. The oracles of to-day were all silent then. Even the ' son of Ontario,' the Orphan Leader of the Opposition, while on his eastern tour in 188G, in his speeches at Winchester Springs and at Cornwall, in the immediate vicinity of this Providencti-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 in a day we have not changed the condition of things which must haveloeen 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 when he became a Liberal, and showed his appreciation of the Mowat Government, he i^ ' a South African Hottentot and a garlic eater,' his ' children are half naked ' and his wife takes to ' weeding onion beds and tishing in the nearest stream.' (Cheers and laughter.) Charming gratitude this, te say the leact 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 revi.sed with great care by the present Minister, and submitted to Parlia- ment for approval or rejection. The whole of the operations of the Department are in this way brought directly under the con- trol of the people's representatives, in a more critical sense than ever before. 116 THE MOWAT GOVERNMKNT. i The following are some of the moat important amendments made : — (a) The area of School grounds, the capacity of schools, and their furniture and equipment were more accurately defined. (6) The programme of studies was simpliHed and the number of subjects reduced from 13 in 1883, to 8 in 1889. (c) Drawing, Agriculture, Temperance and Hygiene, formerly recommended as subjects of study, were made obligatory, (d) Provision was made for the use of the authorized Readers in Freitch and German Schools, in addition to text-books in these 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. (/) 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 case of those who desired to renew their Third Class Certificates, (lej 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 ot conducting Departmental Examinations was changed, and only those havincj experience as Teachers emploj-ed as sub-examiners, (m) Text- books used for Public Schools were limii,ed to one text-book in each subject, unless the Trustees by resolution provided for the retentioH 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 carried 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, (r) Provision was made for distribating the grant for High School purposes on the basis of THE MOWAT GOVERNMENT. 117 Teachers* salaries, equipment of the school, and the cond itiou and suitability of ^> e fcchool premises, (s) Training Institutes were established for the professional training of High School Assistants find First Class Teachers, (t) Distinct provision vf as made for a Commercial or Business Course in each High School, (u) The text-book liht for High Schools was revised, and by eliminating those that had become obsolete or were unnecessary, the list was reduced from 147 in 1883 to 55 in 18S9. (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 1883 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- titicates has beeii reduced from 23 in 1883 to 8 obligatory and 2 optional, and for Second Class 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 184C, 1851, 1853, 1855, 1857, and 1863 — 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 as the Roman Catholics of Ontario were con- cerned that section 93 was inserted in the B. N. A. Act, as fol- lowes : — 93. — In and for each Province the Legialature may exclusively make laws in relation to education, subject and according to the following provisions : — (I.) Nothing in any such law shall prejudicially a£fect any right or privil- ege with respect to denominational schools which any class of persons have by law in the Province at the union. (2.) All the powers, privileges, and duties at the anion by law conferred and imposed in Upper Canada on the Separate School and school trustees of the Queen's Roman Catholic subjects shall be and the same are hereby ex- tended to the disoentient schools of the Queen's Protestant and Roman Catholic subjects in Quebec. (.3. ) Where in any Province a system of separate or dissentient sohools exists by law at the union or is thereafter established by the 'Legislature of the Province, an appeal shall lie to the Governor- General in Council from any Act or decision of any Provincial authority afieoting any right or privil- ege of the Protestant or Ruman Catholic minority of the Queen's subjects in relation to education. (4.) In oasd any such Provincial law as from time to time seems to the Governor-General in Council requisite for the due execution of the pro- 118 THE MOWAT GOVERNMENT. visions of this section is not made, or in case any decision of the Governor- General in Council on an appeal under this section is not duly executed by the proper Provincial authorities in that behalf, then and in every such case, and as far only as the circumstances of each case require, the Parliament of Canada may make remedial laws for thedue execution cf the provisions of this section and of any decision of the Governor- General in Council under this section. The Act of 1863. The controversy of the last few years has arisen out of the following sections of the Act of ISttS : — Sec. 14, now 40 R. S. 1887 ; Section 18 now section 47 ; section 13 now section 01 « 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, ehall 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 he resides, for the then current year, and every subsequent year thereafter, while he continues to support a Separate School; and the notice shall not be required to be renewed annually; and it shall be the duty of the trustees oj every Separate School h transmit to the clerk of the municipality or clerk of municipalities (as the case may be) on or before the first day of June in each year, a correct list of the names aud residinccs of all persons supporting the. Separate Schools under their management; and every ratepayer whose name^ahall n»t appear on such list shall be rated for support of Common 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 ■hall be deemed a supporter of the school. (2) But any person who has withdrawn his support from a Roman Catholio 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 01. — 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 as 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 Roman Oathol-o Separate Schools (with their registers) shall be subject to such inspection as may be directed from time to time by the Min- ister of Eduoation, and shall be bubjeot also to such regulations as may be imposed from time to time by the Eduoation 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 Jun& 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. Amendment 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 Township, in preparing 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 Assessor 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 taxable." " The Court of Revision shall try and determine all complaints in regard to pirsons in these particulars alleged to be wrongfully placed upon or omitted from the roll (as the case may be), and any person so complaining, or any elector of the munievpality, may give notice in writing to the clerk of the municipality of such complaint, and the provisions of the Assessment Act of 1869 in reference to giving notice of complaints against the assessment roll, and prooeedings for the trial thereof, shall likewise apply to all complaints under ther section of this Act." Amsndment 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, Bub-sec. 3, 1879.) " In any case where the trustees of any " Roman Catholic Separate school avail themselves of the provisions contained " in the 78th leo. of the Public School Act, for the purpose (amongst others) " of ascertaining through the assessor of the municipality of the persons who *' are the supporters of Separate Schools in such Municipality, the assessor '' shall accept the statement of anr ratepayer that he is a Roman Catholic, aa "sufficient |>nma /aci'e evidence for placing such person in the proper ool- 120 TUK MOW AT GOVKKNMENT. " umn of the aaaessiuent roll for Separate School aupportera, or if the assessor " know personally any person tu be a Roman Catholic this shall also be suf* " ficient for placing him in such last mentioned oolamn." In 1886 these clauses were consolidated and read as follows : 49. — (I) The assessor or assessors of every municipality shall in the as- sessment roll set down the reli'^ion of the person taxable, distinguishing be- tween Protestant and Roman Oatholic, 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 assessor shall accept the statement of, or made on behalf of, any ratepayer, that he is a Roman Oatholic, as nufUcient prima facie evidence for placing such person in the proper column of the assessment roll for Separate School supporters, or if the assessor knows personally any ratepayer to be a Roman Catholic thia 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 compUint, 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 complaints under this section of this Act. 49 Y. c. 46, s. 49. Efed of Amendments of 1577-79. It was contended by the opponents of the Government (1) that these amendments completely changed the status of Roman C%^ho- 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 optioi^ which each Roman Catholic has to become a supporter of a Separate School or not. His being a Catholic is merely priina 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 so ■etUed that he must pay a school rate for one or the other. " BdJIUHl THE MOWAT GOVERNMENT. 121 The following statement by Mr. Mowat in 1886 was also given as an answer : ** But the ludicrous absurdity of the objection is that the preliminary notice has not been dispensed with. On the contrary, it is expressly con- tinued by the 41st 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 uf 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 assailants than the necessity of setting up so idle a criticism ? " As the Conservative organs still persisted in their statements, the case was submitted by the Minister of Education to the Courts for decision in the following form : Decision of Judges on Separate Schools Act. In pursuance of the Public Schools Act, Revised Statutes of Ontario, 1887, chapter 225, section 237 : The Minister of Education for Ontario submits to the Honourable John Alexander Boyd, Chancellor, President of the Chancery Division of Her Majesty's High Court of Justice for Ontario, for his opinion and decision ; Or with his consent, for the opinion and decision of tho 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 SchooLi or for other Public School purposes, as in that section mentioned } Answer. This Court in answer to the First question submitted by the said special Oase 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 the case supposed 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 assisament roll for Separate School supporters. 122 THE MOWAT GOVERNMENT. Or, on the complaint of any other person being an elector, to try and determine com^laintd in regard to — (a) The religion of the person placed by the assessor on the roll as taxable as Protestant or Roman Catholic ; (6) Whether such person is a supporter of Public Schools or of Separate Schools within the meaning of the provisions of law in that behalf ; (c) Whether such person has been placed in the wrong column of the assessment roll for the purposes of school tax ; (d) Whether the name of any person wrongfully omitted from the proper column of the roll should be inserted thereon ; (e) Or any other fact or particular relating to persons alleged to be wrong- fully placed upon or omitted from the roll under section 120. Ansiver. And this Court in answer to the Second question doth declare that : — The Oouit of Revision has jurisdiction on application of the person as- sessed, or of any municipal elector (or ratepayer, as in the Separate Schools Act, section 48 (3) ) to hear and determine complaints ; (a) In regard to the religion of the person placed on the roll as Protestant or Rioman Catholic, and (6) As to 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 (r) — Which appears to be involved in {b) — whether sach person has been plac.i in the wrong column of the assessment 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 column of the as- sesoment roll should be inserted therein upon the complaint of the person himself or of any elector (or ratepayer). As to the trial of any rthdr 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. • Is or is not the assessor bound to accept the statement of, or made on behalf 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 Court in answer to the third (question doth declare that— The assessor is T^ot bound to accept this statement of, or made on behalf of, any j" is mad' .',;' , ; not a >■ '!" r..\ theS':,, .,:. ;-or. Public totix.:^ . under section 120 (2) of the Public Schools Act, in case he r^ains before completing his roll that such ratepayer is > ;>r has not given the notice required by section 40 of x> :.i>, or is for any reason not entitled to exemption from Fourth Question. In case a ratepayer is in any year wrongfully assessed as a Roman Catholic and supporter of Separate Schools, and through inadvertence or other causes THE MOWAT GOVERNMENT. 123 did not appeal therefrom, or being a Roman Oatholio has not since given the n )tice of withdrawal mentioned in section 47 of the Separate Schools Act, is he or is he not estopped from claiming in such following or future year with reference to the assessment of such year thai he is not a Rom%u Catholic or has not given the said notice 1 If the ratepayer himself is estopped, are or are not the other ratepayers of the municipality estopped also, and without remedy by appeal in such follow* ing or future year ? Answer, And this Court as to the Fourth question submitted by the saitt Special Case which is recast by counsel 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 assessed as a Roman Catholic and supporter of Separate 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 Miat he is not a Roman Catholic ? (b) Or is a ratepayer, being a Roman Cathol' and appearing on the assess- ment roll as a Roman Catholic and supporter of Separate Schools (although he had not given the notice under the 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 su{)porter of Separate bchools 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 other ratepayers 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 Catholic 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 j'ear that he is not a Roman Catholic. And as to the second part of the said question lettered (&) 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 Separate Schools Act, is not (nor are the other ratepayers) estopped from claiming in the following or future year, that be 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 tc that part of the said question lettered (c) the answers to the previous parts of the said question appearing to this Court to be also a suf- ficent answer to 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-i THE MOWAT GOVERNMENT. In order, 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 Schools Act. HER MAJESTY by and with the advice and consent if the Legislativa Assembly of the Province of Ontario, enacis as follons : — 1* The clerk of every municipality shall forthwith after the passing of this Aot, enter in a convenient index book, and in alphabetical order, the name of any person 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 contiguous to the municipality, as provided by the 40th section of The Separate Schools Act, or by previous Acts respecting separate schools ; the clerk shall also enter to opposite the name, and in a column for this purpose, the date on which the notice was received, and in a third column opposite the name any notice by such person of withdrawal from supporting a separate school, as provided by the 47 th 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 Index book 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 reci^ived by the clerk. (3) It shall be the duty of the clerk to file and carefully preserve all such notices which have been heretofore received, or shall hereafter.be received. 2. In the case of a municipality in which there are supporters of a Roman 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 Assessment Act, and set forth in schedule B. to the said Act, in addition to the proper entry here- tofore required, to be made in the culumn respecting' the school tax, the foliowiug words: "You are assessed as a separate school supporter," or '* You are assessed as a public school supporter," as the case may be ; or these words may be added to the notice to the ratepayer set forth iu the said schedule. .3. Where the list required by the first section of this Act is prepared, the assessor is to be guided thereby in ascertaining who have given the notices which are by law necessary, in order to entitle supporters of Roman Catholic separate schools to exemption from the public school tax. 4. The statement made under the second sub-section of the 4Sth section of The Separate Schools Act, the 120th section of The Public Schools Act, or the fourteenth sub-section of The Assessment Act, means, and has always meant, a statement made to the assessor on behalf of the ratepayer by his authority, and not otherwise. 5. In case of its appearing to the munic'pal council of any municipality after the final revision of the assessment roll, that through some mistake or inadvertence any ratepayers have been placed in the wrong school tax column, either aa supporters of Bjparate schools or supporters of public schools, it THE MOWAT QOVERNMENT. 125 eLall be competent for the municipal council after due enquiry and notice to correct such 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 revision or the county court judge as Jo any ratepayer. (2) In case of such nctioD 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 guided 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 subject made no provision for preventing the mistakes which were a real ground of complaint, but proposed a useless re-affirmation of section 40, which had never been repealed. His Bill, which was rejected by the House, is as follows : No. 171.] BILL. [1890. it An Act respecting Separate School Supporters. WHEREAS every ratepayer ought to be by law prima facie a public school supporter and no one should be rated as a Roman Catholic sep- arate school supporter unless he by his own voluntary act declares his inten- tion to be a supporter of separate schools in accordance with the provisions of the law ; Therefore Her Majesty by and with the advice and consent of the Legis- lative Assembly of the Province of Ontario, enacts as follows : — 1. Notwithstanding the provisions of any act or law to the contrary, no person otherwise liable for public Bchcol 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 shnil have given the notice provided for by section 40 of The Separate Schools Act. 9. 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 given the said notice so as, according to the provisions of the said section and of this Act, to entitle him to ex- emption from public school rates for the year for which such collector's roll is being made up, but any error of the clerk in makirg up his roll shall not be conclusive on any ratepayer who shall be erroneously rated or entered therein, nor shall the assessment loU be any evidence as to whether such ratepayer is a supporter of the public schools or of the Roman Catholic separate schools For a full discussion of these debates see the speeches delivered by the Attorney-General, the Hon. Mr. Fraser, and the Hon. Mr. Ross. Mr. Creighton'a Bill. A bill with respect to the qualification of Separate School teachers was introduced by Mr. Creighton; by which he proposed 120 THE MOWAT GOVERNMENT. to deprive the teachers belonging to religious orders of the right they possessed under the B.N.A. Act, of teaching in a Separate School without imssing the same examination as teachers of Public Schools. This Bill was rejected as a distinct violation of the Constitution. Had it been adopted by the House, it would have been promptly disallowed by the Dominion Government. (What Mr. Creighton proposed was to strike out all the words of sec- tions 64i after the word " but " in the third line.) Mr. French's Bill. Mr. French introduced a Bill to withdraw from Separate School Boards the rio-ht of representation on High School Boards. This was also rejected, because it was clearly shown that the Scpiirate Schools had been benefited by being placed in closer relation to the High School, and the policy of the Government was to pro- mote the education of all classes of Her Majesty's subjects, irre- spective of creed. The Ballot, Mr. Meredith also introduced a bill to make the ballot com- pulsory in Puolic and Separate School elections. i!> * !*■■ was shown that there was no demand for such a measure eith :. i'rom Public or Separate Schools, Mr. Meredith's bill was rejected. The provisions in Mr. Meredith's bill are at variance with his attitude on this question some years ago. In 1878 the Hon. A. M. Ross introduced a bill for the holding of elections for School Trustees by Ballot at the same time as Municipal elections. Mr. Meredith was reported in the Olobe of February, 1878, as object- ing to the Bill for the following reasons: — *' Mr. Meredith was opposed to the bill believing that it would have the effect of introducing political feeling into educational matters, which all parties in the House agreed should be as far as possible removed from politi cal considerations. School Boards, as at present elected, were comprised as a rule of men of a higher standard than members of Councils. If people did not feel sufficient interest in the School Boards they themselves suffered the consequences, and he thought the feeling ought to be left to be improved with the general education of the people in the use of the franchise." Mr. Meredith, in 1879, voted for a compulsory ballot for Public and Separate Schools. In 1882 he opposed the ballot, and voted in the Legislature against a motion of Mr. Wm. Bell, of Toronto, proposing that the ballot should be used for Public and Separate School Trustee elections. The Mail reported him as follows : — THE MO WAT GOVERNMENT. 127 *' IVfr. Mered[tii said at the time the Roman Catholics were asking for Separate Schools it was the Conservative party who supported them in their claim, and obtained from thorn, at the risk of loss of seu*.s and influence, their now recognised 'ights. It ill became the Coinmissioner to accuse the hon. member of West Toronto of being hostile to the Separate School system, and to attempt to make out that this alleged feeling was shared by the Conserva- tive party. It was the leader ot the Government who had been hostile to it, and had voted against the concession of the right to hare Separate Schools. While he recognised the right of the Catholics to have Separate Schools, he did not see why no attempt should be made to improve the system. The Commissioner said that the Bill must be rejected 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 notluDg of the state of Separate Schools in Toronto, but so far aa 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 he supported the proposition to extend the ballot to the Public School elections." In 1885, he acquiesced in the ballot for Public Schools, 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 case. 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 thi.s purpose an additional High School In- spector ac an annual ex|)ense, 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 1884 ; the salaries of both, in- cluding travelling expenses 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 Ir specters one half is a charge upon the public revenue, and one halt upon the county. More- over, it is said that in cities and towns separated from the county, the whole of the salaries of the Public .^chool 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- pointed by the trustees without reference to the Government. Whv should they not be paid by the authorities appointing t em ? (2) The Province pays towards Public School inspection 128 TIIK MOWAT GOVERNMENT. the sum of l>35,;]90 annually. This sum \h a charge upon the whole Pi evince, Catholics as well as Protestants. Inspectors are also paid an equal amount from the county rates which is a charge upon Protestants and Catholics alike. If, therefore, the Catholics of the I^ovince, representing one-sixth of the popula- tion, are taxed $m,7oO for the salaries of Inspi ctors whose ser- vices are not usua for inspection of Separate Schools, there is no injustice in taxing the whole Province $4,268 for the salaries of Separate School Inspectors, although thei" 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 fact 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 contidence of teachers and trustees more fully than would Inspectors of a different denomination whose advice when justly tendered might be regarded with suspicion and dis- trust. THE TEXT BOOK QVESTION. 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, 1846 ; The Canadian Readers, authorised 4th January, 1868; 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 th(: r*^ were only two changes made in the Reading Books in the Publi . Schools of Ontario since 184G, viz , one by Dr. Ryerson, bxA the Ontario Readers by the present Minister of Education. Text Books authorised by the Council of Public Instruction. On the .Slst December, 1867, the number of text books author- ised in the Public Schools of Ontario was 25. Additional books authorised in 1868 6 " " " 1869 3 " " " 1870 3 " " " 1871 13 " " " 1872 1 « " " 1875 15 Or a total in six years of 41 THE MOW AT QOVEHNMENT. 129 itro- )rily of irlo Books struck off during the same perioil.by the Council of PubUc Instruction, 19. Text Booh authorise.d by Mr. Crooks. Iiil877 17 Inl878 2 In 1879 4 In 1880 3 In 1881 2 In 1882 4 In 1883 -2 Or a total in seven yean of 34 Text books struck off by Mr. Crooks, 36. Books added since 1883. \ In 1884 1 In 1885 2 In 188(5 In 1887 10 In 1888 In 1889''' In 1890 Or a total in seven years of 19 Great Diversity of Text Books. In the Public Schools of Ontario there were on the 31st of December, 187.5, -55 authorised text books, in the 24 subjects in the five forms of the Public School course, and on the 31st of December, 1883, 53 authorised text books covering 15 different subejects 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 number(»authorised on the 31st 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 geography or grammar was often set aside and another intro- duced into the school without any substantial educational benefit * Reade>'8 and Grauimani it. Fronch and German wer« anthorisa-i In 1889, but a* only Eaifluh Uxt books have been counted in other CAsea, they are not iaoluded in tiiis. 130 THE MO WAT GOVERNMENT. to the pupils. In order to prevent these changes, the School Act was amended in 1881, placing the following restriction upon the change of text books : "Any authorised text book in actual use in any Publio or AtDdel Scbool may be changed by the teacher of such school for any other authorided text book in the same s^ibject, on the written approval of the trustees and the Inspector, proirlded always such change is made at the beginning of a school term, and at least six months after such approval h&s been given." (44 V. 0. 30, s. 12.) As this did not fully prevent unnecessary changes of textbooks it was decided to reduce the list to one text book in each subject in the Public School Course of Study, and thus render all change impossible except as the Department might deem expedient. The effect of this reduction will be the more apparent when we consider that 97 per cent, of the school population of the Province are occupied with the work in one or other of the first four forms of the Public School. For instance, in 1888 the number of pupils in these forms was 4<53,893, and in the fifth form, 10,307. Practically the pupils in the first four forms are now limited to one book in each subject. The following statement shows how the schools of the Province stood with respect to the use of text books in the first four forms at different periods : Number of text books authorised in first four forms of Common Schools, Slst December, 1867 (on the classification of schools existing at present) 14 Number of text books authorised, 31st December, 1876. 18 " " •' " 1883. 17 " " " " 1889. 9 Co8t of Text-Boohs. The following ^mparison of the size and cost of the Readers submitted to the Department in 1883, an^ the Ontario Readers now used may be instructive : — , - Cents per Pages. Cost 100 pages. Gage's 752 $1 31 11{ Royal 972 I 50 15* Royal Canadian.... 955 1 80 18| Ontario iJcoder*. ...976 \ 36 ]3| The average price of the three series discarded is $1.53 ; the price of the new series if $1.35, shewing a difference of eighteen cents in favor of the new series. mmm iriM a THE MOWAT GOVERNMENT. 131 Com^Mriaons with American cmd English Readers. Pagea. Wilson Series .911 Sheldon's New York . ...890 1 92 Swinton's 922 1 80. Appleton's 694 1 72 McGuffey's, Oincinnati. .656 1 39. Barnes' New Reader 894 1 76 Lippincott's ......818 I 67 ColUnV (English) 694 1 22 Collins' (Progressive). . ..692 1 1 Oidario Eeaders 976 1 35 Oentfl per Price. 100 Pages. $1 79 m 21? .19i^ .24| .21 A9h .19" .m .15| .131 Arbitration. ; the Lteen Under the agreemeot with the publishers, the Education De- partment has the right to submit to arbitration ever3r book on the authorize^ list in order to ascertain if any reduction can be made in the price of publicatioD while leaving the publishers a reasonable proJSt. 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 Oity of Toronto, as arbitrator on behalf of the Department ; the publish- eis appointed Richard Brown, wholesale book manufacturer, aiid 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 : — Having fully weighed and considered all the evidence, vouchers, allega- tions and proofs laid before us under oath, touching 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 tso to us referred as follows • — lat. As to the books published by the Canada Publishing Company we find and award and determine as follows : — Thc: Public School Akithmbtic is published without profit, and the present retail price is therefore not excessive. The PuBr.ic School Grammar is published without profit, and the presen- retail price is therefore not excessive. # The Public School Geoquaphy 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? 132 • THE MOWAT GOVERNMENT. The Public School Music Reader realizes to the publisher-A fair but net exoeuive profit, and the retail prioe ahould not be reduced. Ths High School Music Reaoek realizes to the publisher a fair profit, and the retail price cannot be fairly reduced. Thb High School Obammar. — The capital account on this book is m 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 prioe cannot be reduced. The High School Geoorapht. — The publishers realize on the sale of thia 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 the books of their authorised series a loss is being sustained by them. The Oktboefist. — 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 Algebra. — One-third only of the capital account has as yet been realized by the publishers and upon estimated sales lor the next three years at the end of th»t time it will not be wiped out. This shows that the bouk is being published without profit, and that the retail price mitjht be increased and not reduced. Bue's First Frbnch Book. — This book is being published at a loss to the . publishers. Price is therefore not excessive. Williams' Composition and Ppactical English. — The publisher's profit on this book is fair, but not excessive, and does not call for any reduction in the retail price. 2nd. As to the books published by the Methodist Publishing Company we tind, award and determine as follows : — McQuirl's P and G Drawing has so far been published without any profit, as the capital Hccount is not yet nearly realized, and at the estimated sales for next three years it will not then be realized. Profit therefore not excessive, and retail price might be increased rather than reducud. High School Algebra. — The capital account is not nearly ae yet realized, and at estimated sales will not be fully realized at end of next three years. This shows profit not excessive, and that retail price should not be reduced, but if anything increased. 3rd. As to the books published by the Grip Publishiug Company we find, award and determine as follows : — The High School Drawing Course has been so far published at a large profit to the publishers. The capital account has been extinguished and a fair profit besides returned to the publisher, and in the future the profit will be excessive on estimated sales. The retail price of this book as now established should therufore be reduced to fifteen cents, which would yield a fair and reasonable profit to the publisher. Public Si^hool Temfkkanoe. — The capital account of this book ha? not been realized, and at estimated sales will not be realised at end of three years. The profit is clearly not excessive, as there will be a loss on the book at end of tliree years. The Entjlish price of this book is two shillings ster- ling, and ^he publishers ask that rouil price be increased, which request we think may fairly be grautvd. 4fh. As to the books published by the Rnsa Publishing Company, we find, anikrd and daterniine as fallows :• — THB MOWAT GOVfiRNMBNT. 133 I find, larRe and trofit iUOW rould been /e&rs. ^ok &i i ster- [queat findt McEi^BOY'ti Struotukb of En&lish Prosb. — This book is imported in sheets. No capital aocoont. The 'profit on 1,000 copies is only f 10.60. The profit is not excessive. The American prioe of this book is $1.76 as against $t.00 the Canadian authorized price. Allan & Gkisenouoh's Latin Obammab. — The facts are the same as in the case of the last named book. The profit is not ezoessive, prioe being fl.OO as against (1.76, the American price. Goodwin's Gbbbk Obahmar. — This book is also imported in sheets. No capital account. The publishers have so far published without any pvofit. The American retail price is $2.25 per copy agatni»t $1 25 Canadian auth- orised prioe. We think the Department would be justified in in^seaaing the prioe of this book. Lsioiiton's Fibst Steps is Latin and Wbitb's First Lessons in Gbbbk. — These are also imported in sheets. So far it has been published here at a loss. The profit is therefore not excessive. The Ame ican prico is $1.75 retail against $1.00, the Canadian authorised price. The Depart- ment mi^ht fairly increase the price of these books. Grammairb Dbs Gbamm aires, Db Fivas. — This book is imported. The publishers here realize only a profit of $4.96 on sale of 1,000 copies. The profit is therefore not excessive. McKat's Elements of Euclid, 16. The plates for these books are imported by the publishers. The publishers so far have not lealizad any profit, the capital account not having been as yet realized. The profit up to the end of three years will not more than balance capital account, and is therefore not excessive. The Ameri- can prices of these bonks are $1.00 and $1.26 respectively, against 60 cents and 75 cents respectively, the Canadian authorized price. 6th. As to the books published by W. J. Gage & Company we find, award and determine as follows : — Standard Book-keepIxNG and Precis Writing. High Sohool Botanx. Tlie publiihers of these books have so far only realized a fair profit since the capital account was realized and the estiiiiated sale for next three years will not yield an excessive protit. The retail price of these books should not l)e reduced. Gth. As to the books published by the Copp^ Clark Company we find, award and determine as tuUows : — Public School Histoky of England and Caiiada. High School Gkkman Grammar. High School German Reader. High School Chemistry. High School English Word Book. ' The c?*pital acco ini on each of these books is as yet unrealized and the esti- mated sales for the next three years will not, after the capital account has been paid up, yield an excessive profit to the publisher. The retail price of these books should not therefore be reduced. High School Book-kkepinq. This book has had a fair sale and the capital account has been realised be- sides yieldini; a xmall profit to the publishers up to this time. The esti- timied siiles for i'\*i next three years will not yield an excessive profit and Iho rrior to that date. Policy of the Department Since 1883 the Education Department has labored assidu- 4>usly to consolidate in one text book every sub- department of «ach subject in the course of study, in order to reduce the expense to the pupils. The following statement shows the number and «ost of the books used in the same subject in 1882 and 1889 : — 1883. Beading 3 books cost $1 85 Orthopy and Spelling. 3 *' " 2 30 History 2 " " 95 Geography ...2 " *♦ 125 Arithmetic 2 " " 150 1889. 1 book cost % 60 2 " " 1 00 1 " " 35 1 " " I 00 1 " " 50 Saving in the First Form. Without giving details as to each subject, the reduction in the number of books requir-^.d for the first form of High Schools alone in 1883 and 1889 respectively, effected the following results : Cost of Text Books. 1883. 18b9. Reading $186 $ 60 ^ English Composition 1 00 60 Orthoe^ y and Spelling 1 30 CO History 95 35 Geography '. . 1 25 1 00 Arithmetic 1 50 50 Algebra 90 75 Commercial Course 1 60 65 Drawing 1 00 75 PhysicB 1 50 1 00 Botai.y 1 25 1 00 014 10 97 60 THE MOW AT GOVERNMENT. 137" er tnts em- rere ;on- iDce f 55 lally ided sidu- it of )ense and 9:— the ilone Total savinjy in First Form amounts to $6.50 per pupil No. of pupils in First Form in 1888, 13,403. Total savmg in First Form, $«7,509. Saving in all the Foi^ms. 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 : Subjects. Xo. of Pupils Saving per Amount , in Subject. Pupil. Saved. Reading 16,390 %i 26 $20,487 CompoBition and Orthoepy 17,603 1 30 22,884 History 17,610 60 10,S66 Geography 17,518 26 4,380 Arithmetic 17,430 100 17 430 Algebra 17,319 15 2,698 Trigonometry 887 25 222 Commercial Course 12,336 95 11,719 Drawing 13,327 26 3,332 Chemistry 3,181 76 2,'386 Physics 6,676 60 2,838 Botany 5,234 26 1,308 Greek 1,126 175 1,970 Latin 6,962 1 60 8,943 French 6,616 13 860 German 1,662 60 7,81 Total »112,703 Comparison 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 : — United States Authorised price. price. Ayres' Orthoepist $1 00 $ 35 Ayres' Verbalist 1 00 35 Structure of English Prose 1 76 1 00 Harkness' Latin Grammar 1 50 1 00 McKay's Elements of Euclid 1 26 76 Allen & Greeuough's Latin Grammar 1 60 1 00 Leighton's First Steps in Latin 1 60 1 00 Goodwin's Greek Grammar 2 26 . 1 26 Whit^'r, First Lessons in Greek i 60 1 00 High School Physics . . 1 f.O 1 00 High School German Grammar .... 1 60 1 00 Baldwin's School Maiiagemtii.t 1 50 70 • mum ilfliiiiiMi 188 THE MOWAT GOVERNMENT. To Encourage Ganadim Teachers 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 are 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 every 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 the Council of Public Instruction with regard to the Text Books used in Separate Schools. CouNCii. Room, Education Office, Mny 19, 1875. The Council met pursuant to notice at 3 o'clock p.m., the Very Reverend H. J. Grasset, B.D., in the chair. Present : — The Chairman ; the Chief Superintendent of Education ; the Rev. .1. Jennings, D.D. ; Hia 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. Nelles, D.D., LL.D. ; the Rev. Bishop Carman, D.D. ; Daniel Wilson, Esq., LL,D. ; Guldwin Smith, Esq , M.A. "(12). Ordered That the Council having laid down a principle which precludes the intro- duction into the Text Books used in Public S ;hoola of religious dogma op- posed to the tenets of any Christian denomination, and having removed from those Text Books everything which had been pointed out to them by the Roman Catholic Archbishop of this Province, as offensive to the feelings of Roman 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 subjectB." THE MO WAT GOVERN MKNT. 139 THE TORY MANIFESTO. |e intro- 'iTia op- fed from by the feelings 1 be their tchools. reapon- jreligious jmay be liatorical the con- If public ^ "FACTS FOR IRISH ELECTORS" IN 1883. .■^«i' .t 1 proof' of its authenticity. Affi^davit of the Author. The following is a copy of the affidavit of M. W. Kirwan, 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 ws 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.* AJfidavit of M. W, Kirwan. " I, the undersigned M. W. Kirwan, of the City of Quebec, and presently in the City of Montreal, solemnly aflfirm 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 $100 a month. The understanding was that I should tissist the Conservative party by special ap- peals to tlie Irisli Catiioiic Electors. " Sir John Macdonald and Mr, Meredith, the leader of the Opposition in the Ontario Legislature, were aware of the agi-ee- ment. " I accordingly began to write an appeal to the Irish Catholics of Ontario. *Gmies of " Facts for Irish Electors " can be procured from W. T. R. Pres- Unif Genercd Secretary Reform Ataociation, Toronto. 140 THE MOWAT GOVERNMENT. "I wrote the dheet * Facts for the Irish Catholic El«'ctors,'' extracts from which have recently appeared in the Globe, of Toronto. "While I was preparing it, I had, occasionally, to inalce inquir- ies as to the nature and scope of iny work from Mr. Alere- dith, to whom I had ahvays easy acwss. " This was during the session of the Ontario Legislature, and as rny researches were made in the Parliamentaiy Library, it was there that my coribvitatioua with Mr. Meredith generally took . place. " When the sheet, "Facts for the Irish Catholic Electors," was completed, I sw6mi^/ed a proof to Mr. Meredilli in his private room in the Queen's Hotel, and I .showed a proof to Mr. Bunting in his private office in The Mc U Buildings. " He received the proof as if expecting it, and expressed no surprise. "I also sent a proof to Sir John Macdonald, under cover, marked 'private and confidential.' It was returned to me with several marginal corrections in Sir John's handwriting. I have a distinct recollection of some of the corrections made by Sir John Mac- donald. He mentioned the names of some Irish Catholics who had been appointed by him to positions of emolument and trust. These corrections by Sir John were embodied in the sheet and published with it. " I have also a distinct recollection of Mr. Bunting saying that the sheet would do good among the Irish Catholics, or words to that effect. " I remember, too, that Mr. Meredith raised no objections to any statement made in the said sheet after reading the proof. He smiled approYlnglj, and said : 'it would do,' or something similar to that. " I am, too, the author of the circular containing the following letter and questions : — (Private and oonfidential.) Toronto, Jan. 7, 1883. Dear Sir, — A letter .will be forwarded to you in a day or bo making in- quiries with reference to the Catholic vote in your riding. Be good enough to answer the questions and forward your reply without lelay to H. II. South, E^q., Peter t>oro'. Yours faithfully, QUESTIONS. 1. About how many OathoUc electors are there in your ridinsrT 2. About how many uf them votod for the Conservative candidate the last election 1 THE MOWAT GOVERNMENT. 141 of trust, and 3. Ahont how many voted for the Reformer ? 4. Ahout how many were there who did not vote at all ? 6. Who are the Catholio clergymen in the riding ? 6. How did they vote ? 7. Did they take an aotive part in the contest, and if so, how ? 8. What reasons, if any, do the Oatholio electors give for supporting Mr. Mowat ? 9. Have you any suggestions to make as to the best means of putting the Oonservative causu fairly before the Oatholio electors ? 10. Qive the names of a few of the most influential Catholics in your riding ? 11. Send a complete list of the Catholio electors in your riding, with names and addresses, 12. Ol-li^e by returning this list a< ome, and the reply to question eleven, as soon as possible. 13. Name of riding. **Tlif*He questions were also siibmUtedl to Mr. Mcedith and a|)proved by him. Jt was, to the best of my recollection, on his tfugyestion that the answers were directed to be sent to H. H. Smith, of Peterborourjh, although said circulars were mai'ed by me from Toronto. My salary was regulaily paid by Mr. Smith during this time, and for several months while I was canvassing and addressing meetings of the Irish Catholic electors of Ontario. " And I make this solemn declaration, conscientiously believing the saiuo to be true, and by virtue of the Act passed in the thirty- seventh year of Her Majesty's reign, entitled ' An Act for the sup- pression of voluntary and extra judicial oaths.' " Solemnly t/ffirmed before me at Montreal,"^ on this fourth day of December, A.D» 1880. W. A. Weir, ^ ImWKirwan" A Commissioner in Quebec for receiving affi- i davits for Ontario | 181 St. James St., Montreal. J without the last A KEW PARTY. There is another interesting document to hand, which also, in a very striking manner, shows the treachery of its promotera. 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 though apparently not actuated by common motives and interests, seem to -be at one in the opinion that the Mowat Gov- ennnent should be turned out because Sir John Macdonald re- fused to disallow the Jesuit Act ! The late election in West Lambton, and projected ones in the coming contest, prove this PJ^^'sli-'WKJl'.'^IMI 142 THE MOVVAT GOVERNMENT. fact beyond much controversy. But here is an organization which wants to do the same thing under a diflerent name and line. It calls : Jiself 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 scheme 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 : — Toronto, 9th August, '89. " Dear Sir, — I have btien instructed to write to you by our party. ** We 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 politics. The purposes are : — " (1) To neutralise the Oatholic 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 candidates in about thirty ridings in which Mr. Meredith's party rannot 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 carry we can get a solid Conservative vote, and our platform will bring us enough ultra- Protestants to win the election. " There is no advantage to us in winning from Mr. .' leredith, 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 tind 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. Reformers, and the ultra-Protestants who would rather vote against than have Catholic rule. "A requisition circulated by your friends would commit enough Reformer$ to yon, before you accepted, to make your 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 miyr 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 ofi this fall, for we are meeting with the utmost encouragement from every quarter. When we bet a little further, along and the 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." THE MOWAT UUVEUNMENT. 143 TUE TORY PLATFORM AND MR. MOWAT'S REPLY. ■if At the last sitting of the late Session of the Legislative As- sembly, the leader of the Opposition, AJr. Meredith, introduced the following resolution as an amendmcr'u to the motion to go into Committee of Supply. The hyprocisy of the Opposition was exposed by the Attorney-General in the brief debate that followed in such a trenchant manner that it has been considered advisable to insert the summary of his speech as it appeared in the published report of the proceedings of the House with somp slight verbal coiroctions . Mr. Meredith's Separate School Platform. Ir. Meredith Dply: moved an amendment to the motion to go into " That this Hotise 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 them as citizens, and that the assumption that any Church organization or body or the Bishops, priests or ministers thereof are entitled to control the ratepayers in the exercise and eojoyment of such, his indi- vidual right, or to command obedience to its or their direction by them or by the trustees of any such schools, in the exercise by them of such rights or the performance by them of the duties delegated to them by the State, is wholly unwarranted and dangerous to the State and ought to be resisted, and this House duth further declare that it is within the constitutional rights of the Legislature, through the Department of Education, 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, exctpt those employed in giving religious instruction when and where such in- struction is permitted by law." 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 not 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 position of certain of the Roman Catholic hierarchy in connection with Separate Schools. Hon. Mr. Mowac said that as regards, text books ia Separate Schools, what he had said last year as to the power of a Pro via- vamiMmmmm U4 THK MOWAT OOVBUNMENT. cial (?ovcrnn»ont to deal with these toxt-bookH, was that he was not then "pri»|»(AVC(! toNJiy" that a Provincial (lovoininont had Hiich (^ powor. Tlio point had then been Hprnng \ipon tho HoiiHe on a motion against going into Supply. Ho had not had occasion to consider the (]ne«tion previ«)usly, and was therefore not " pre- pared" then to aflirni that the power existed. That this was so appeared from every newspaper ref)ort of tho dehato which ho had seen, anil although in Home of the reports some additional ex- pressions of a stronger character were asorihod to him, this had arisen fn>n» a misappivhension of the importer in condensing what he said. He liad not been "pr('[)ined" last session to say tliat the Government had jurisdiction over text hooks for Separate* Schools. He had considered the snhjeet to some extent sino(\ and was of opinion that such a power existed in regard to some classes of text, hovtks and not in reganl toothers, and it was oxtn^niely diffi- cult to draw the line between the two clnsses. TIumo wjus a dif- ference of professional opinion on the subject. Tho Public School text books are largely used in the Sepaiato Schools, atid the use of them is increasing, but if he had been cotiteniplatiug com- pulsory legislation on the sulyect he would have thought it his duty to bring the subject before tlie Courts jirevious to audi legis- lation. Mr. MeieditliH resolution, in amendment to tho motion of the Treasurer to go into Supply, j>vecluded any amendment by which the House could exjiress what its exact view.s wore. The resolution was one of want of coniidence, antl was meant to be .so. The resolution had a good deal to say as to the hierarchy not l)eing entitled to control the ratepayera, and was intended to sug- gest that the law a.s recognised by the Oovernment gave to the hiemrchy such a power ; but the fact was entirely otherwise. The law gave no power whatever in tho mutter to bishoj) or priest. The legal power was given to the ratepayers and suppor- ters of Separate Schools. Bishop or priest had no more power under the law in the matt of Separate Schools than a layman h:ul. The degree < deference or obedience which the Roman Catholic laity g&\^^ 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 clergj- any control over the laity. It must always be a matter of voluntary choice on the part of the laity thoraselves. THK Martment in the distribution of Separate School grant«, the (juesbion was fully investigated by the Public Accounts' Committee during the lecent Session of the Logi.slature. Tiie allegations wore proved to bo without foundation, and the result of the deliber- ations of the committee was embodied in the following report upon the question, to the Legislative Assembly : — - The Separate Hr.hool SyHtnn. " 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 there has been a triHing superiority in this respect in the Separate Schools as compared with the Public Schools. In ISSS) the average attend- 10 146 THE MOWAT GOVERNMENT. ance at the Public Schools was 3,260, while that at the Separate Schools was 3,8 1 3. The witnesses account for this by the fact that a Model School has been established in Ottawa, at which the at- tendance is almost exclusively Protestant, and amounted last year t > 34)5, that a Kindergarten School had been opened at which the attendance in 1889, almost if not entirely Protestant, was 64; 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 fiarentage and guardianship attending schools aided by Legis- ative 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 Board for ten or more years for Separate School purposes, that it ■BH 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 used 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 Lindsay. ** 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 grant paid for them was deducted from the next grant and the mistake has 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 FJiool System. " Mr. Wilkinson, Secretary of the Toronto Public School Board, stated in 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 halls, and men- tioned that a building which was also used as an Orange Hall had on one occasion being engaged for a year or more for Public School purposes. These buildings are used by the school authorities during school hours only, and are available for church, mission and society work on Sundays and for evening services. The average rental of these buildings, including fire and caretaking, is $30 per month, and it is said that the expenditure is profitable, 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 ?upils, and that the Legislative grant to the Public Schools of 'oronto is increased by such return. The children, it may be added, 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 tor the instruction of the children cared for therein, and furniture for the school room. " (Signed), Charles Clarke, Chairman." RE ORANGE INCORPORATION. 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 1873, it has been thought proper to insert here the Attorney-General's report of Kith December, 1873, 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 occasionally 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 set forth the reasons for reserving the Bill, and discussed the e Imperial officers had observed with the approval of the Crown, and the concurrence of the Provinces. Usage is, according to the British system, as obligatory as express enact- ment, where there is no express enactment to govern. Everybody knows that most British Conatitutional rylea have no other fuundation than prece- dents. Ill the present matter, it ae«nned impossible for a Lieutenant-Governor to claim or exercise a higher or less unshackled authority than is posHcsserl by the Governor General himself acting under instructions ; and His EK<3el- lency the Governor-General, is forbidden to give his assent to any bill con- tainitig provisions to which the ro3al ua^eut had been once refused, or which had been disallowed by Her Majes'y. A similar direction has ahvays been contained in the instructions which have, from time to time, b'e^n given by the Crown to the Provincial Gover- nors. Now, the Dominion Government had given no intimation of its policy aa to legislation like that in question, but it was a mitter of history that no 150 THE MOVVAT GOVERNMENT. Bimilar bills had theretofore become law in any part of the British Doininio^fl, and that it had been the policy of the Imperial Government to discounten- ance Orange Associations. Further, the billa in question corresponded in •substance with a bill passed on the 2lBt April, 1863, by the Lieutenant- Governor, and the Council and Assembly of Prince Edward Tsland, entitled *' An Act to incorporate the Grand Orange Lodge of Prince Edward Island, and the subordinate Lodges in connection therewith ;." and this Act was thus remarked upon by His Grace the Duke of Newcastle, then Her Ma- jesty's Secretary of State for the Colonies, in conveying to the Lieutec ant- Governor of Prince Edward Island the decision of the Imperial Govern- ment : " I deeply regret that the Legislature of Prince Edward Island should have given its sanction to i\ class of inHtitutionp, which all experience has. shown to be cal- culated (if not actually intended) to embitter religious and political differences, and which must be detrimental to the best interests of any colony in which they exist." " Holding these views respecting the measures, I have felt it impossible to advise Her Majesty the Queen, to signify Uer Royal approbation of it, without which, I am glad to observe, it will not take effect. ' "The Act, therefore, will remain inoperative." The undersigned does not concur in the observations of His Grace with reference to the legislation which His Grace condemns, but i^e undersigned quotes the observations as aflfording an authoritative illustration of Imperial policy on this question. In advising upon the Ontario Bills it had also to be remembered, that that part of the community which from long political and social as well as religious antagonism, is sensitive (the undersigned and others think unreasonably sensitive) in respect to special legislation in favour of Orange bodies, constitutes a larger proportion of the population of the Dominion than it does of Great Britain, or oi the British Empire as » whole. Again, it was a matter of notoriety that a bill had been brought into the- Parliament of the Province of Canada in 1858, and been supported in the Legislative Assembly by both the late Minister of Justice and the under- signed, and by many of the political friends with whom they respectively acted, but was rejected by the Assembly without having been permitted ta go even to a second reading ; and the undersigned does not recollect that from that time until the introduction of the bills now in question, like billa 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 i^e Legislativa Assembly. The question being then raised and discussed, and the undersigned having given 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 Governor- General, was the fitting course to take in view of the constitu- tional consideration to which the undersigned has in substance referred, aa 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 Ezoellency the Governor-General, and to the conveni> enoe of the parties whom the bills were designed to incorporate. The Do« minion Government had the power of disallowing the Acts should the billa rsoeive the Lieutenant-Governor's assent ; and the reservation of them would obviously embarrass the Dominion authorities leas than subseqaent disallowance ; while, on the other hand, if the bills were, from the Domi« nion standpoint, unobjectionable, the reservation need delay their operations tok THE MOWAT GOVERNMENT. Ifil bnt a few weeks ; the responsible hoad of the Dominion Government 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 reservo^on of bills should be confined to those which the Provincial Legisl^m^ had no jurisdiction to pass. But the Lieutenant-Governor receivec^Nb instructions to reserve even such Bills, and to limit reservation tb suM 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 pans, do not become 'law even if they do receive the assent of the Lieutenant-Governor, but, ou the contrary, and notwithstanding 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 bec^i^ie incorporated, ought not to be resisted, and that the objections to th^ir incorporation were not sufficient to maintain such resistance ; thop^ii, 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, theu ndersigned has already suggested fur the consideration of the Executive Council. All parties recognise the right of all men and all legal bodies to equal advantages under the general laws of the land, whatever these general laws may be ; and, on the other hand, good subjects will not desire incor- poration iu a way offensive to any large class of their fellow subjects, when incorporation is attainable by a method free from that difficulty. Respectfully submitted, (Signed) O. Mow at. December 16th, 1873. THE BRIBERY CASE, At the general 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 early in the session ot 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 w 152 THE MOWAT GOVKRNMKNT. the Legislative Assembly — Robert McKim' W. D. Balfour and Dr. Dowling — agreed to accept money offered to them as a cor- rupt inducement to vote want of confidence in the CJovernment. The sum agreed upon was not actualifcyjaid to Dr. Dowling, owing to the arrest of John A. Wilkinson.-^pib Conservative agent in the matter ; but the sum of J$ 1 ,000 was paid to Mr. McKim, and the sum of $800 to Mr. Balfour by the same Wilkinson. Tliey placed the money in the hands ol" the Speaker, who, on the even- ing of the 17th of March, laid the matter before the Assembly, and on motion of Attorney-General Mowat it was referred to the Committe 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- ernment by bribing members whohatl been elected to support it ; Christopher W. Bunting, managing editor of the i)/f ■\. INDEX, Page. Acciflents, Railway (Labor Law?) 24 Adiuiniatration of Justice 29-161 _ " " etc., Grants for (Schedule) 169 Administration, the Liberal, Facts concerning Cabinet ' 166 Agriculture, Department of 84-93 " Laws Passed to Advance Interewt 84 Agricultural College < 86 " '• Analysis of Attendance 87 Agricultxiral Statistics, Provision for 88 Agricultural Societies, Aid to, etc., 89 Appeals to Imperial Pi ivy Council 32-40 Arbitration on Text Books, and Keport, 188!) 131 *' " " Discussion in. Legislature 135 Assets and Liabilities of Province, 1881) 59,60 Aif 18!)0 21 Expenditures of Province for 1889 61 " Comparison between 1871 and It 89, showing increased grants to people 62 Expenditures, Paltry oV)jection8 to Supply Bills by .Opposition since 1884 63 *' Comparisons with Quebec and Dominion 64 Experimental Farm (Agricultural College) 85 Factories' Act (Labor Laws) 23 " Facts for Irish Electors," Tory manifesto in 1883 139 Farmers' Institutes 87 Financial Administration 56 " '• i;ritiei8ms of Toronto AfaiJ 57 Flooding of Land (Crown Ijands IJept.) 46 French and German Schools, Kegulatiou and History of 100 French and German, Training Schools 102-105 Text Hooks Authorized 105 " Bi-lingual Readers 106 " Keport of Commissioners, 1889 107 " Regulations Enforced Ill " Reports of Local Inspectors Ill Discussion of Mr. Craig' Bill 112 '* The Government's Policy 114 Health, Laws relating to Higher Eiiucation, Provisions for House of Refuge 91 96 20 Immigration Industrial Schools Industrial Statistics Insurance Case, (Appeal to Privy Council) Institutions, Charitable, etc., aided by Public Funds (Schedule). Introduction " Irish Electors," Tory Campaign Manifesto of 1883 90 67 88 32 159 1 139 Labor Laws 21-27 Law Reform . Legislation . . Liability of Employers (Labor Laws). 28 3-4 -.22 Liabilities and Assets of Province, 1889 59,60 ' ..156 33 73 74 75 75 76 77 78 79 80 82 Liberal Administration, Facts concerning Cabinet. Liquor License Case ( A ppeal to Privy Council) liiquor Traffic, Regulation of " " Revenue from , " " License Laws, since 1874 " *' Synopsis of Crooks' Act *' " License Fees " " Amendments in Session of 1890 '• " Local Option " " Defence and Endorsement of Policy " " The Varying Policy of the Opposition, from 1876 to 1890. " " Canada 'remperance Act, Measures for Enforcement. . . . Mechanics' Lien (Labor Laws) . Mining Act, Amendments " Operations, Regulating " Claims Act Model SchoolB 21 46 46 47 99 mBUm INDEX. 165 « 8 22 32 21 61 jed grants to 62 !e]8S4 63 64 85 23 139 87 56 57 46 100 102-105 105 106 107 Ill Ill 112 114 91 96 20 90 67 88 32 159 1 139 21-27 28 3-4 22 '....'..'.'.'.'.'.'. 59,60 156 33 73 74 75 75 76 77 78 79 )1890 80 t 82 21 46 46 47 99 Mnnlcipal InstitutionH jg Municipal Law, Amendments to, since 1872 !'.!.".!..... 1 !.'.! .*. 19 " ' ' Kecent Legislation '20 Municipal Loan Fund Act (Surplus Distribution under Act of 1873) ........... 54 Normal Schools 99 Orange Incorporation, Facta Concerning 148 Parliamentary Buildings (Department Public Works) 41 Parliament Buildings, the New, Historical Sketch 156 " " Comparison of Cost with U. S 157 Parliamentary Institut ons 4-18 Practical Science, School of ] 97 Private Bills ......................'. 3 Provincial Secretary's Department : 72-83 " " Business 72 Provincial Funds, Distribution to Couni-ies (Schedule) 1.59 Public Accounts, Audit of 56 Public Buildings and Works, Provincial 42 Public Health, Provisicms respecting 91 Public Institutions, Grants in Aid of 65 Public Works. Department of 41-43 Public Bills 3 Qualification of Electors 4 Railway Accidents Act (Labor Laws) 24 Kailway Aid. by Surplus Distribution 53 Redistribution of Seats, Ontario 9-14 " " Ontario and Dominion Compared 14 " Dominion 15 Eefuge, Houses of 19 Kegi8tr;it:on of Electors 5 lie vision of Statutes 30 Rivers and Streams (Appeal to Privy Council) 33 Salaries of Teachers 99 School Act, Consolidation of 95 School of Practical Science. . 97 Scott Act, Provisions for Enforcement of 76 Separate Schools, Provision for in B. N. A. Act 117 Separate Schools, Act of 1863 and Amendments 118-121 " " Reference to Chancery Division, High Court 121 " *' The Act of 1890 124 " " Discussion of Bills of Messrs. Creighton and French Iz.) •• " " Proposal for Ballot 126 " " Provisions for Inspection 127 Separate Schools, Mr. Meredith's Platform 143 * ' " Distribution of the Grants 145 " " Replies to charge of conducting, in Convents 146 Separate School Supporters, Act of 1890 125 Surplus Distribution (Act of 1873) 54 Surplus, Distributed for Railway Aid 58 " " to decrease municipal burdens 68 " Table showing acciwnulation since 1873 58 *' Addition under the Quebec award 59 " Statement of ; from 1873 to 1889 61 " Portion comprised in Dominion fcubsidy 59 Teachers' Salaries 99 Text Books, Discussion of the Question 128 iiSL... .1 16G IN DFX. Text Books, Kepnlations for Authoiization " Comparison of CoHt of llt'aders. . . . ■. Arbitration and lleportj 188!) " " Dincu88ion in LegiHlature " High School, Authorizitinns of . ' ' Policy of the iJepartnieiit " Saving in expense to Pupils " ( 'omparison witli U. S. (jrices " Encouragement of Canadian Teachers and Manufacturers. Timber Limits, Sales of " " ('omparison of Provincial and Dominion Policy Treasurer's Department 129 131 l.'U 135 l.^O 136 13« 137 138 49 fiO 53-71 Voting, Time allowed workmen for, (Labor Laws). 27 "Woods and Forests, (Crown Lands 1 )epartment) . Work and Wa>;e* (liabor liaws) Workmen, allowed time to vote, (Labor Law,-") . . . 48 27 '''^ammmmmmmmms 129 i;n IHl 135 i;^(> VM VM\ 137 rers 138 49 fiO 53-71 27 48 25 . ■ 27