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Les diagrammes suivants illustrent la mdthode. 1 2 3 1 2 3 4 5 6 Av \^ PARLIAMENTARY PROCEDURE AND PRACTICE WITH A REVIEW OF THE ORIGIN, GROWTH, AND OPERATION OF PARLIAMENTARY INSTITUTIONS INTHB DOMINION OF CANADA And an Appendix containing the British North America Act of 1867, AND AMENDING AcTS, GoVBUNOR-GbNEBAI.'s COMMISSION AND Instructions, Forms of Proceedings in the Senate and House of Commons., etc. BY JOHN" GEOEGE BOURINOT, C.M.G., LL.D., D.C.L. CLERK OP THE HOUSE OP COMMONS OP CANADA, Author of a Manual of the Constitutional History of Canada, Federal Government in Canada, Canadian Studies in Comparative Politics, &c. f.' . SECOND EDITION, REVISED AND ENLARGED. I MONTREAL . « DAWSON BROTHERS, PUBIilSHER3 1892 37 151419 Entered acc^rdin, to Act of Parlian^ent of Canada l,v Jo„.v Gkohc. BouKiNOT, ,n tl,e Oflice of the Minister of Agriculture, in tlie year 1892. * OAZETTE PRIVTJjrO COMPAVY. MONTKFAL. TO TEJJS^JTY COLLEGE, lORQKTO MY ALMA MATER I DEDICATE THIS BoOK In evidbncb of my affection AND ESTEEM. m 1 PEEFACE TO SECOND EDITIO:^' In presenting the second edition of this work to his readers, the author may explain that he has not only re- vised, but considerably enlarged it by bringing all the precedents down to the latest date, and by making it in other ways as useful as possible to all students of the constitutional system of Canada. The original plan and scope of the work have been continued. The first chapter gives an account of the origin and growth of parliamen- tary institutions, and contains all the material judicial decisions which bear on the respective legislative powers of the parliament of the dominion and of the legisla- tures of the provinces. The new rules and forms of the Senate in divorce proceedings have been given at length, and the practice of that House in such cases explained as fully as practicable. As this work is intended to show not merely the rules, orders and usages of the two Houses, but all the stages of constitutional development in Canada until the present time, there has been added at the end a chapter on the i^ractical operation of parlia- mentary government. In this chapter it is endeavoured to explain the nature of the conventions and understand- ings which govern what is generally known as respon- sible or parliamentary government. As complete a list as possible has been given of all the text books and authori- ties which the student may wish to consult on the VI PREFACE TO THE SECOND EDITION. numerous questions which are necessarily, as a rule, very briefly reviewed in this work. The appendix contains the full text of the fundamental law or British North America Act of 1867, and of the amending imperial sta- tutes, the commission and instructions of the governor- general, besides forms of petitions, and other proceedings of the Senate and Commons. Some supplementary notes have also been added so that the work may contain all those precedents and proceedings of the session of the Dominion Parliament of 1891, which are necessary to the accuracy and completeness of the text. The author has had much reason to congratulate himself on the recep- tion which the work, when first presented to the public, met not only in Canada, but in tlie majority of English speakiu'j countries, and he ventures now to express the hope that this new edition, in its revised and enlarged form, will continue to meet with the same favour among all those interested in the important experiment of federal and parliamentary government which the Canadian people are endeavouring to work out on the continent of America. House op Commons, Ottawa, Canada, October 30th, 1891. PEEFACE TO FIR^T EDITIOIS^ The object which the author has had constantly iu view iu writing the present work is to give such a sum- mary of the rules and principles which guide the practice and proceedings of the Parliament of Canada as will assist the parliamentarian and all others who may be concerned iu the working of our legislative system. The rules and practice of the parliament and the legislatures of Canada are, for the most part, originally derived from the staud- ing orders and usages of the imperial parliament, but, in the course of years, divergencies of practice have arisen, and a great many precedents have been made which seem to call for such a work as this. It has, moreover, been the writer's aim, not only to explain as fully as possible the rules and usages adopted in Canada, but also to give such copious references to the best authorities, and parti- cularly to the works of Hatsell and May, as will enable the reader to compare Canadian with British procedure. It seemed proper, in order to a clearer comprehension of the subject of the work, to preface it with an introduc- tory chapter upon the origin and gradual development of parliamentary institutions in the Dominion. In so bi lef a compass a summary of the salient features only of the various constitutional changes which have resulted in the present very liberal parliamentary system of Canada could be given. The author has also added, in the same ^%? ■I VIII PREFACE TO THE FIRST EDITION. chapter, a digest of the docisions of the judicial commit- tee of the privy council and of the supreme court of Canada which bear upon the important question of the relative jurisdictions of the parliament of the Doniinion and the legislatures of the provinces. These decisions have necessarily been cited without remark, as facts to be taken into account by those who are engaged in the practical work of legislation. HousH OF Commons, Ottawa, 20th February, 18S4. i\ CONTENTS. CIIAPTEIi 1. INTRODUCTrON. PARLIAMENTARY rXSTITUTJONS IN CANADA. I. Caniida under the French R^'frime, p. 1. II. Government from 17fiO to 1774, p 5. III. Queboc! Act, 1774, > . 0. IV. Constitutional Act, 1701, p. 13. V. Union .\ct, 1S4(), j). 2.5. VI. Fe 'irjil Union of the Province.s ; British North America Act, lS(j7, j). 81). VII. Constitutii^n of the Gen- eral Government, p. 50. VIII. Constitution of Parliament, p. 50. IX. Conetitution of the Provincial Govcrninents and Letrislatures, p. (;5. X. Or;;anization of the North-West Territorie.s, i>. 7(). XI. Disallowance of Provincial Acts, p. 81. XII. DLstrihution of Lefjislative Powers, p. 88. XIII. Decisions of the Judicial Committee of the Privy Council and Supreme Court of Canada on questions of Legislative Jurisdiction, p. 92. XIV. Rules of Construction and Constitutional principles de- duced from Judicial decisions, p. 124. XV. Position of the Judiciary p. 133 ; Conclusion of Review, p. 137. m M li .■I'll m m I 'til CHAPTER II. THE SENATE AND HOUSE OF COMMONS. I. Senators, p. 139. II. Introduction of Senators, p. 143. III. The House of Commons, p. 144. IV. Election of JNI embers — Dominion Franchise, p. 14(). V. The Franchise in the Provinces, p. 152. VI. Trial of Controverted Elections, p. 154. VII. Dual Representation, p. 165. VIII. Independence of Parliament, p. 170. IX. Issue of Writs, p. 180. X. Resignation of Members, p. 181. XI. Introduction of Members, p. 186. XII. Attendance of ^lemhers, p. 190. XIII. ^lembers' Indem- nity, p. 191. XIV. Expulsion and .Disqualification of Members, p. 193. i \m. iMll It : cox TEXTS. XV. Suspension, p. 108. XVI. Qiio.stions afreotinfi Members referred to Select Comuiiuees, p. I'jy, XVII. I'laoes in the House, p. 201. CIIAPTEE III. THE SPEAKERS AXD OFFICEES OF THE TWO IJOFSES, S-c. i. Speaker and OHicors of »he Sonato. p. -02; Continy;ent Accounts Com- mittee, p. 20(). II. Speaker of tlie House of Commons, \\ 207; Deputy Speaker, p. 211. III. OHicersand Clerks, I'icc., of the House of Commons, p. 215. IV. Admission of Stranirers, p. 22o. V. Clerk of the Crown in Chancery, p. 224. V. Voles and Journaln, p. 225. VII. Oflicial Re- ports, p. 227. VIII. Library and Keadim; Kooms, p. 228. IX. Com- missioners of Internal Economy, p. 230. CIIAPTKI^ IV. « PRIVILEGES AXD POWERS 01 PARLIAMENT. , Claim of PrivilefTes at cominencement of a new Parliament, p. 283. II. Statutes on Privileires of the Canadian Parliament, p. 2;U. III. Extent of Privilejzes, p. 235. IV. Personal PriviloL'es of Members, p. 237. V. Freedom of Speech, ]>. 239. VI. Libeliou- Reflections on ^lembers col- lectively or severally, }>. 240. \1I. Proceed in<:s of Select Committees, p. 241. VIII. Assaultiui:, menaciiij.', or challenirinj;: ofMembers, p. 242. IX. Disobedience to Orders of the House. &.V-, p. 243. X. Attempt to bribe Members, p. 243. XI. Privileijred Persons not Members, p. 244. Xn. Puiiishment of u Contemjit of Privilejies, p. 245. XIII. Power of Commitment, p. 245. XIV. Duration of Power of Commitment, p. 247. XV. Procedure in case of a breach of Privileixe, p. 247. XVI. Sus- pension and Expulsion of Members, p. 24(). XVII. Power to Summon and Examine \Vitne>.scs, p. 250; Procedure in such cases, p. 251. XVMII. Privileges of Proviuci;il Logisiatuies, p. 253. CnAPTKE V. RULES, ORDERS AND USAGES. I. Oriszin of the rules, orders and usajre-^ of the Senate and House of Commons, p. 25S. II. Procedure in revisiuir rules, p. 200. III. Neces- sity for a strict adherence to rulcis, p. 202. IV. Sessional orders and resolutions, p. 204. V. Use of the French languajze in the j)roceeding8 of the Houses, p. 205. <.i-c. CONTENTS. CIIAPTP]U YI. XI MEETING, PROROGA TION A ND DISSOL UTION OF PA RLIA MENT. I. Meeting of Parliament, p. 2G9. II. ProceeiHnjis in tlie Senate, p. 270. III. Election of Speaker of the Commons, p. 27;>. IV. Consideration of the Speech, p. 280. V. Proceedings in Sessions, subsequent to the first of a Parliament, p. 285. VI. Prorogation, p. 285. VII. Effect of Pro- rogation, p. 28S. VIII. Dissolution, p. 289. % CIFAFTEIJ VII. ORDER OF BUSINESS. I. Days and Hours of Meetinir, p. 201. II. Adjournment over Holidays and Festivals, p. 291. III. Long Adjournments, p. 292. IV. Deoea.se of Senators and jNIembers, p. 293. V. Meeting at an earlier hour, p. 295 ; Two sittings in one day, p. 295. VI. Protracted Sittings, p. 295. VII. Proceedings at six o'clock and half past seven p.m., p. 297. VIII. Ad- journment during pleasure, p. 297. IX. (.Juorum in both Houses, p. 29S. X. Prayers, p. 299. XI. Order of Daily Business, p. 301. XII. Calling of Questions and Orders, p. 1)03. XIII. Arrangement of Orders, p. 304. CHAPTER VIII. PETITIONS. I. Presentation and Reception, p. 314. II. Form, p. 318. III. Irregulari- ties, p. 318. IV. Petitions for jxH-uniary aid, p. 321. V. For Taxes or Duties, p. 323. \l. Urgency in certain cases, p. 325. VII. Printing, p. 325. VIII. Pellections on House or Members, p. 320. IX. Petitions to Imperial Authorities, p. 320. CIlAPTHIi IX. ORDERS AND ADDRESSES FOR ACCOUNTS AND PAPERS. I. Presentation of Pajiers, p. 329. II. Their character, p. 330. III. Form of IVIotions, p. 332. IV. Distinction bet, veen Addressee and Orders, p, 332. V. Returns in answer, p. 335. VI. Carefulness in preparation, p. 336. VII. :Motion8 for papers refused, p. 337. VIH. Printing of Documents, p. 343. IX. Joint Committee on Printing, p. 349. XII COXTEXTS. CHAPTER X. ADDRESSES, MESSAGES, AND VOTES OF THANKS. L Subject-Matterjof Addresses, p. 350. II- Addresses founded on Eesolu- tions, p. 351. III. Joint Addresses, p. 352. IV, Addresses of Con- gratulation and Condolence, p. 354, V. Address on retirement of Governor-General, p. 356, VI. Presentation of Addresses, p. 357. VII. Messages from Governor-General, p, 360. VIII. Addresses to the Prince of Wales in 1860, p. 363. IX. Thanks to distinguished persons, p. 365. CHAPTER Xr. MOTIONS IN GENERAL. . Notices of Motions, p. 366. II. Rules and Usages relative to Motions, p. 368. III. MotionsrelativetoPnblicBusincss, p. 373. IV. Questions of Privilege, p. 375. V, ^Motions of Want of Confidence, not privileged, p. 379. VI. Questions put by Members, p. 381. VII. ^Motions in Amendment, p. 385. VIII. Dilatory Motions— Adjournment, p. 394 ; Beading Orders of the r)ay, p. 396 ; Previous Question, p, 398 . Amendments to such ^Motions, p. 400. IX. Renewal of a Question during a Session, p. 400, CHAPTEIJ XII. RULES OF DEBATE. I. Deportment of members on the floor, p. 404. II. Precedence in debate p. 406. Ill, Written sjieeches not permissible, p. 407. IV. Extracts from papers, p. 4C8. V. References to the Queen or Governor-General, p. 410. VJ. Relevancy of speeches, p. 411. VII. Their length, p. 413, VIII, Motions for adjournment, p. 413. IX. Rules limiting debate, p. 416. X, Personal explanations, p, 413. XI. Calling in question a member's words, p. 421. XII. Interruption of members, p. 421, XIII* Speaking when orders are called, p, 422, XIV. Manner of addressing another member, p. 425. XV. References to the other house, p, 426. XVI, Or to previous debates, p. 426. XVII. E:il°s for tiie preservation of order, p. 427, XVIII, Naniin- a member, p. 433. XIX. Words taken down, p. 434, XX, IMlsbehaviour in committees or lobbies, p, 437. XXI. Prevention of hostile meetings, p, 438. XXII. Punishment of misconduct, p. 439. XXIII. Withdrawal of a member when his conduct is under discussion, p. 440. XXIV. References to judges and other persons not mei ibers, p. 442, XXV. New standing orders of English CONTENTS. XIII Commons on the following subjects — Putting the question — Motions of adjournment— Suspension for obstruction of public business, p. 443. )lu- on- of II. ice 65. is, ns ■d, in 4; > m CHAPTER XIII. DIVISIONS ON QUESTIONS. . Putting the question and division thereon, p. 446. II. Proceedings afteradivision, p. 450; Challengingof votes, p. 450; Pairs, p. 451. III. Questions carried or lost "on division," p. 452. IV. Equality of votes on a division, p. 453 ; casting vote of speaker, p. 453. V- Protest of Senators, p. 454. VI. No member interested directly in a question can vote thereon, p. 455. VII. Recording of names in the journals, p. 459. CHAPTER XIV. RELATIONS BETWEEN THE TWO HOUSES. Messages, p. 460. II. C'onferences, p. 463. III. Reasons of disagree^ naent communicated, p. 460. IV. Joint Committees, p. 466. V. Inter- change of documents, p. 467. VI. Relations between the Houses, p. 468 ; Questions of exiJenditure and taxation, p 468 ; Bills rejected by the Senate, p. 472; "Tacks" to Bills of Supply, p. 474; Initiation of measures in the upper chamber, p. 475. ClIAPTEJl XV. COMMITTEES OF THE WHOLE. I. Three classes of committees in uso in Pari! vment.— Committees of the whole; select com mi ttefs ; joint committees, p. 477. II. Rules of the Senate respecting commiUees of the whole, p. 479. III. Procedure in the House of Commons, 480. IV. Reports from committees of the whole, p. 488. V. New rules of the English Commons, p. 489. ill CHAPTER XVI. SELECT, STANDING AND SESSIONAL COMMITTEES. I. Sessional Committees of the Senate, p. 491. II. Standing Committees of the Commons, p. 493. III. Appointment of select committees, p. 495. IV. Quorum, p. 502. V. Organization of committees and procedure therein, J). 503. VI. Reports of committees, p ""^ VII. Their presen- XIV coy TENTS. tation to the House, p. 517. VIII. Concurrence, p. 518. IX. Ex- amination of witnesses, p. 520. X. Their payment, p. 524. XI. Their examination under oatli, p. 525. !-^ iv!! CIIAPTEII XVIT. COMMITTEES OF SUPPLY AND WAYS AND MEANS. I. Grants of Public Money, p. 530. II. Mode of signifying the Recom- mendation of the Crown, p. 539. III. Consent of the Crown explained, p. 540. I V. Committees of Supply and Ways and Means, p. 543. V. Procedure on going into Supply, p. 545. VI. In Committee of Supply, p. 551. VII. The Budget, p. 553. VIII. The Imposition of Taxes and Ways and Means, p. 555. IX. Reports of Committees of Supply and Ways and Means, p. 558. X. Tax Bills, p. 5(15. XI. Tiie Appropriation or Supply Bill, p. 566. XII. Supply Bill in the Senate, p. 570. XIII. Royal Assent to the Bill, p. 572. XIV. Address to the Crown for a certain expenditure, ikc, p. 573. XV. Votes of Credit and ' on account,' p. 576. XVI. Audit of Appropriation Accounts, p. 577. il CHAPTEI? XVIII. PUBLIC BILLS. [. Explanatory, p. 5S2. II. Bills of Appropriation and of Taxation originate in the Commons, p. 585. III. Introduction, p. 588. IV. Relating to Trade, p. 591. V. Or involving Public Aid and Charges on the People, p. 596. VI. Second Reading, p. 602. VII. Order for Com- mittee of the Whole, p. 600. VIII. Instructions, p. 607. IX. Refer- ence to Select Committees, p. 613. X. Notice of Proposed Amjnd- ments in Committee, p. 615. XI. Reported from Select Committees, p. 615. XII. In Coramiltee of the Whole, p. 616. XIII. Reports from such Committees, p, 622. XIV. Notreferred, p. 625. XV. Third Reading, p. 626. XVI. Passage, p. r)27. XVII. Alter Passage, p. 628; amend- ments in either House, p. 629 ; reasons for disagreement, p. 629. XVII^. Revival of a Bill temporarily superseded, p. 633. XIX. Introduced by mistake, p. 635. XX. Expedition in passage, p. 635. XXI. Once intro- duced not altered except by authority of the House, p. 638. XXII. Correcting Mistakes during Progress, p. 639. XXIII. Accidental Loss of a Bill during Session, p. 640. XXIV. Once rejected not again offered in same Session, p. 641. Exceptions to General Rule, p. 642. XXV. Royal Assent, p. 645; Changes in (Jovernor-General's instructions as to reserving Bills, p. 650; Assent always given in presence of the two Houses, p. 633; Cases of Bills assented to in error, p. 655. XXVI. Assent in the Local Legislatures, p. 656 ; Practice of Reserving and Vetoing Bills, p. 657. XXVII. Amendment or Repeal of an Act in the same Session, p. 660. XXVIII. Commencement of an Act, p. 661. XXIX. Tlie Statutes and their Distribution, p. 661. i CONTENTS. XV CHAPTER XIX. PRIVATE BILLS. I. Importance of private bill legislation, p. 603. II. Definition of private bilKs, p. GG4. III. Questions of Legislative jurisdiction arising out of private legislation in Parliament, p. (itiS. IV. Reports of Supreme Court of Canada on private bills, p. 684. V. Questions of jurisdiction referred to standing orders committee in Senate, p. tiS6. VI. Classiticatioii of private bills, p. 6.S6; Hybrid Bills, p. ()i(0. VII. General public acts ail'ecting corporate l)odics, p. 61)7. VIII. All acts deemed public, uidess otlierwisf declared, p. 697. CHAFTEE XX. PRIVATE BILLS— Continued. I. English compared with Canadian procedure, p. 698. II. Promotion of private bills in Parliament, p. 7(tl. III. Private bill days in tlie Com- mons, p. 703. IV. Petitions for private bills, p. 704. V. Committee on standing orders, p. 7u8. VI. First and second readings of liill, p. 721. VII. Fees and charges, p. 728. VIII. Committees on private bills, p. 731. IX. Reports of committees, p. 743. X. Committee of the whole, p. 745. XL Third reading, p. 748. ClIAPTEE XXI. PRIVATE BILLS— Conclniled. I. Divorce Bills in the Senate, p. 750. II. Rules and Practice in the Senate, p. 756 ; Notice of Application, p. 757 ; Service of Notice, p. 758; Deposit of Bill and Fees, p. 759 ; Preseiitation of Petition, p. 760 ; Stat- utory Declarations, p. 761 ; Meeting of Committee, p. 762; Examination of Notice, Petition, Bill, and other Papers, p. 762; Presentation and adoption of Committee's Report, p. 763 ; Presentation of Bill, lb. ; Second Reading of Bill, p. 764; Proceedings before Committee after Second Reading, p. 765; Report of the Committee, p. 768; Third Reading of Bill, p. 769. III. Divorce Bills in the House of Commons, p. 770. IV. Private Bills in the Se'^ato, imposing rates and tolls, p. 772. V. Bills not based on Petitions, p. 773. VI. Amendments made by either House, p. 776. CHAPTER XXII. I > ,'! t, f J., 1 • { < : : \m ;•! Ti ^'v •M 4- S General Observations on the Practical Operation of Parliamentary Government in the Dominion of Canada, pp. 779 — 816. XVI CONTENTS. A. B. C. APPENDIX. British North America Act, 1867 819 An Act respecting the establishment of Provinces in the Dominion of Canada (34-35 Vict., c. 28) 859 An Act to remove certain doubts with respect to tiie powers of the Parliament of Canada under section 18 of the B.N.A Act, 18()7 (38-39 Vict., c. 38) 860 An Act respecting tlie representation in the Parliament of Canada of Territories which for the time being form part of the Dominion of Canada, but are not included in any province, (49-50 Vict., c. 35). 862 E. Governor-General's Commission, Instructions, etc 863 F. Proclamation summoning Parliament for despatch of business. .. 870 G. Prayers in the Commons 871 H. Forms of Motions 872 I. Forms of Petitions 877 J. Forms of resignation of members; Speaker's warrants for new writs of election, etc 878 K. Model Bill for Railway Cliarters 880 L. Standing Orders of English Commons respectiug Closure, etc 882 M. Table showing date of meeting, close, duration, prorogation and dissolution of th Parliament of Canada, 1867-1891 888 N. Forms for petitions and other proceedings for Divorce 889 Supplementary Notes to text of this work 892 ADDENDA AND ERRATA. Page 65, note 1, for A pp. L, read A pp. M. " 139, " 4, for Dom. Stat. (1888), read Dom Stat (1887). " 147, " 5, for 1867, read 1877. " 327, line 26, for 878, read 1878. 443, 783, 812, 8, add C^) after "duty" as a reference to note 2. note 1, for 783, n, read 782, n.2. " 3, add tiiese words : " A privy councillor on accepting a departmental office or portfolio in the cabinet, also takes an oath binding him to the faithful adminis- tration of such office. This oath is administered under the Governor-General's instructions. See pp. 52, 86V." LIST OF PRINCIPAL AUTHORITIES CITED IN THIS WORK. Anson.— Law and Custom of the Constitution, by Sir E. W. Anson, 1886. Bellefeuille, de.— Le Code Civil du Bas-Canada, 1889, Blackmore. — Decisions of Speakers Denison, Brand and Peel, by Mr. Blackmore, of the South Australian Legislature, 6 vols., 1881-1887. Blackstono. — Commentaries on the Laws of England, by Sir W. Black- stone. Bourlnot. — Federal Government in Canada, Johns Hopkins University Studies, 1889; Canadian Studies in Comparative Politics, Trans, of Roy. Soc. of Can., 1890 ; Local Government in Canada, lb., 188(i Bourke. — Decisions of Mr. Speaker Lefevre, by Mr. Bourke, 1857. Bramwell. — Proceedings on Bills in the House of Commons, by G. Bram- well, 1833. Campbell. — History of Prince Edward Island, by D. Campbell. Canadian Archives, by D. Brymner, 1884-90. Can. Hans.— Canadian Hans.'rd, Commons, 1875-1S91. Can. Law J .—Canada Law Journal. Can. L. T. — Canadian Law Times. Can. Com. J. — Journals of the House of Commons of Canada, 1867-1891. Can. Sp. D.— Decisions of Canadian Speakers, 1841-186'4, by Mr. Laper- riere. Can. Sess. P.— Canadian Sessional Papers, 1841-1891. Can. Sup. Court K. — Reports of the Supreme Court of Canada, IS vols. Cartwrlght. — Cases decided on tlie B. N. A. Act, collected by Mr. Cart- wright, deputy attorney-general of Ontario, 3 vols. Cassels. — Practice of the Supreme Court of Canada, by Robert Cassels, 1888. Cav. Deb. — Debates, 1768-1770, by Sir H. Cavendish. Debates on the Quebec Act, published in 1839. Christie. — History of Lower Canada, by R. Christie, 6 vols. Colchester. — Diary and Correspondence of Lord Colchester. Col. Oflf. List.— Colonial Office List, 1890. Conf. Deb. — Confederation Debates, 1865. Coke.— Institutes of the Laws of England, by Sir E. Coke. Cons. Stat. — Consolidated Statutes of Canada, Upper Canada and Lower Canada, 1859 and 1861 ; of New Brunswick, 1877; of British Columbia. 1888; of Manitoba, 1880-81. XVIII LIST OF AUTHORITIES CITED. Cooley.— A Treatise on the Constitutional Limitations which rest upon the Legislative Power of the States of the American Union, by T. M. Cooley, 6th ed., 1890. Cox.— The Institutions of the Engli^'h Government, by Homeraham Cox. Creasy.— Imperial and Colonial Constitutions, by Sir E. Creasy. Gushing.— Law and Practice of Legislative Assemblies, by L. 8. Gushing, 1856. DeLolme — The C^onstitution of England. Dent— Forty Years since the Union of 1841, by J. G. Dent, 2 vols. D'Ewes. —Journals of Parliaments of Elizabeth, by Sir S. D'Ewes, 1682. Picey.— The Law of the Constitution, by A. V. Dicey, 4th ed., lcS85. Doutre.— Constitution of Canada, by Joseph Doi'tre, 1880. Doutro et Lareau.— Histoire du droit Canadien, by Doutre et Lareau. Dwarris. — Dwarris on Statutes, 1848. E. Com. J.— Journals of the English House of Commons. Edits, Ordonnances Royaux et D>Jclarations concernant le Canada, 3 vols., 1854-56, Quebec. E. Hans.— Hansard's Parliamentary Debates, 3 series ; vols. 1 to 21, of the first series, were published as Cobbett's. English Law Reports.— Douglass ; Knapp; Perry and Knapp; Meeson and Welsby ; Carrington and Kirwan ; Appeal Cases, Judicial Com- mittee of Privy Council (App. Caa.); Lord Kenyon (Lord Ken.); Strange; Taunton (Taunt.); Chitty; Law Journals (L. J.); Wilson ( Wils.) ; Russell and Mylne (R. and M.) ; Espinasse (E^p.) ; East. English Standing Orders, &c. (Eng. S. O.)— 1. Of the Houses of Lords and Commons relative to Private Bills, 1882. 2. Of the House of Lords ex- cept as to Local and Personal Bills, 1889. 3. Of the House of Common s relating to Public Business, 1707-1888. 4. Rults, Orders and Forms of Procedure, 9th ed., 1891, edited and enlarged, by R, F. D. Palgraver Clerk of the House of Commons. Federalist. — A Commentary on the Constitution of the United States, by Hamilton, Jay and Madison. Hale on P. — Institution, Power, and Jurisdiction of Parliament, by Lord Chief Justice Hale. Hallam. — Constitutional History of England, by Henry Hallam ; 3 vols., new English edition, 1881. Hatsell.— Precedents of Proceedings in the House of Commons, by John Hatsell, 4 vols., 1818. Hodgins. — Reports of Ministers of Justice and Orders in Council on the subject of Provincial Legislation, 1867-87, 2 vols., by W. E. Hodgins. Hodgins.— Dominion and Ontario Franchise Acts, by Thomas Hodgins, 1889. Houston.— Constitutional Documents of Canada, by W. Houston, 1891. Howe.— Letters and Speeches of the Hon. Joseph Howe, by W. Annand. Howelle, St. Tr.— State trials, by T. B. and T. J. Howells. Garneau. — Histoire du Canada, by F. X. Garneau, new French ed. in 4 vols., 1882, and Bell's Translation, 2 vols. LIST OF AUTHORITIES CITED. XIX Gemmill on Divorce. — The Practice of tlie Parliament of Canada upon Bills of Divorce, etc., by J. A. Gemmill, 1889. (jfay.— Confederation of Canada, by Hon. J. H. Gray. Qjgy.—Colonial Policy of Lord John Russell's administration, by Earl Grey, 2 vols., 1853. Qrgy. — Grey's Debates aftei the Restoration, 10 vols. Hearn.— Government of England, by W. E. Hearn, 2nd ed., 1>S7. Jefferson.— Jeflerson's Manual of Parliamentary Practice, i/ublished periodically with the rules of the two Houses of the JCongress of the United States. L. R. App. Cas. — Law Reports, Appeal Cases. L. T. N. S., Law Times, New Series. Leg. Ass. J. and Leg. Coun. J. — Journals -f the Legislature of Canada, 1841-1860. Lex Pari.— Lex Parliamentaria. Lieber.— Civil Liberty and Self-Government, by Francis Lieber, 1859. Lindsey. — Life and Times of W. Lyon ^VlacKenzie, by Charles Lindsey. L. C. J. — Lower Canada Jurist. L. C. R.— Lower Canada Reports. L. N. — Legal News, Montreal, edited by James Kirby. Lodge. — A Short History of the English Colonies in America, by H. Cabot Lodge. Low. Can. J. — Journals of the Legislature of Lower Canada, 1792-1837. Lord Durham's R.— Lord Durham's Report on the State of Canada, 1839. Lords' J. — Journals of the House of Lords. May. — Constitutional History of England, by Sir T. E. May, 3 vols., 6th English ed., 1878. A Treatise on the Law, Privileges, Proceedings and Usage of Parliament, by Sir T. Erskino May, 9th ed., 1883. Min. of P.— Minutes of Proceedings of the Senate, 18G7-1S90. Mirror of P.— Mirror of Parliament, 1828-1841. Murdoch.— History of Nova Scotia, by B. Murdoch, 3 vols. Orders in Council— Consolidated Orders in Council of Canada, by H. H. Bligh, 2 vols., 1889. Palgrave.— Chairman's Handbook, by Reginald F. D. Palgrave, clerk of the English House of Commons, new ed., 1887. Also the House of Commons : Illustrations of its History and Practice, by the same author. Parkman. — Old Regime in Canada, by Francis Parkman. Pari. Comp. — The Canadian Parliamentary Companion, edited by J. A. Gemmill, 1891. Pari. Hist.— Parliamentary History of England, 1066-1803. Cobbett's, and Hansard's Parliamentary Debates follow this w'ork in order. Pari. Reg. — Parliamentary Register, 2 series. Pari. Deb.— Canadian Parliamentary Debates until 1875, compiled in the Parliamentary Library. Pug. and Bur. — Pugsley and Burbidge's Reports of New Brunswick Cases. XX LIST OF A UTIIORITIES CITED. I £.' pi Rev. Ord. of N. W. T.— Revised Ordinances of the Northwest Territories of Canada, 1888. Rev. Stat —1. Revised Statutes of Canada, 18S0. 2. Of Nova Scotia, 1884. 3. Of Ontario, 1887. 4. Of Quebec, 1888. Scrope.— Life of Lord Sydenliani, by G. Poulett Scrope. Sedgwick.— Rules of the Interpretation and Application of Statutory and Constitutional Law, by Theotlore Sodiiwick, 1874. Sen. Deb.— Senate Debates, 1870-1891. Sen. .T.— .Journals of the Senate of Canada, 1807-1891, Sen. R. and Com. R.— Rules and Orders of the Senate and House of Com- uions of Canada, 1884. Smith's Digest— Constitution, Manual and Digest, by H. Smith, Journal clerk of the House of Representatives of the U. S. Sp. Coun. — Journals of the Special Council of Lower Canada, 1838-1840. Stephen. — Commentaries on the Laws of lOngland, by II. J. Stephen, nthed. Story. — Commentaries on the Constitution of the United States, by Joseph Story, 2 vols., 4th ed., 1873, by T. M. Cooley. Taswell-Langmead.— English Constitutional History, by .1. P. Taswell- Langmead, 4th ed., 1890. Taylor.— Are Legislatures I'arliaments ? by Fennings Taylor. Todd.— Parliamentary Government in England, Alpheus Todd, 2 vols., 2nd ed., 1889. Parliamentary (iovernment in the Colonies, by Alpheus Todd, 1 vol. Private P.ill Practice, by Alfred Todd. Turcotte.— Canada sous I'Union, by L. P. Turcotte. Upp. Can. J.— Journals of the Legislatures of Upper Canada, 1792-1840. U. C. C. P. — Upper Canada Commons Pleas Reports. U. C. Q. B. — Upper Canada Queen's Bench Reportis. V. and P. — Votes and Proceedings of the House of Commons, 1867-1891. Waples.— Hand-book of Parliamentary Practice, by Rufus Waples, 1883. Withrow.— History of the Dominion of Canada, by W. H. VVithrow, 1888. AVilson.— Congressional Government, by Woodrow Wilson, 1884. CHAPTER I. INTRODUCTION. rARIJAMlCNTAIiV I.\ST[TUTrOXS IN CANADA. I. Canatla nmlor tlio rroncli Rt'iriina — II. Govemmeiit from 17t!() to 1 774. —HI. Qiiebo(! Act, 1774.— IV. ronstitutioniil Act, 1701,— V. Tnion Act, 1S40.— VI. l"c(l(M-iil Union of t!io rrovinces.— IJritisli North Aniprica Act, lStl7. — VII. Constitiitioii of tho Goiuiral Governiiient. — VIII. Con- stitution of rarliaiiKMit. — IX. Constitution of tlie Provinoiul Govern- ments and LcLrislaturcs. — X. Organization of the Northwest Territory. —XI. Disallowance of Provincial Acts. — XII. Distribution of Legisla- tive Power.?. — XIII. .ludicial Decisions on questions of Lej^islative .lurisdiction. — XIV. Kulcs of Construction and Constitutional princi- ples deduced from Judicial decisions. — XV- Position of the Judiciary. — Conclusion of lv(!vie\v. I. Canada under the French Regime. — The history of parlia- mentary institutions in Canada commynces towards the close of tho eighteenth lentury. Whilst the country re- mained in the possession of France, the inhabitants were never represented in legislative assemblies and never exor- cised any control over their purely local atFairs by fre- quent town meetings. In this respect they occupied a position very difierent from that of the English colonists in America. The conspicuous features of the New Eng- land system of government were the extent of popular power and the almost entire independence of the parent state in matters of provincial interest and importance. All the freemen were accustomed to assemble regularly in township meetings, and take part in the debates and pro- ceedings. The town, in fact, was " the political unit, " and was accordingly represented in the legislature of the 1 Uf :U I o rAUlIAMllSTMi) IXsriTl'TlOys /.V < .l.V.l/M. rolony. Li'u'isliilivc iusscmhlios, ' indi'i'd. were the rule in all the oldc'oloiiios oi' En^liind on this oontinoiit — won in proprietary g-ovcnimtMits like that of Miirylaud. On the other hand, in the KriMich colony, a h*«rislativt' (system was never enjoyed by the inhabitants. The first gov(»rn- ment which was established by Samuel Champlain, the founder of CJueb(>e. was invested with large authority.' 1^'or over half a century, whilst the country was practical- ly under the control of tradinir corporations, the i^overnor exorcised all the powers of civil and military government necessary for the security and pi'ace of the colony. Though he had the assistance of a council, he was under no obligation whatever to follow its advice, on all occa- sions. After some years' experience of a system of gov- ernment which made the early governors almost al)solute, Colbert edected an entire change in the administration of colonial aflairs. From 1 GGo, the government of Canada was brought moredirectlv undin* the control of the king, and made more conformable to the requirements of a larger population IJut in all essential features the governmt>nt resembled that of a French province. The goA'crnor and intimdant were at the head of atl'airs and reported directly to the king.' Of these two high functionaries, the governor was the superior in position ; he command- ' Story on the Coiistitiitiou of the United States (-ttli cd. (.'noley), i. 11;;, 114, 193 n. ; Bourinot's Local Government in Canada, in .lolin.s Hopkins University Studies in Historical and Toiitical Science, Baltimore, 1S87. ^Garnean i. 87 (Bell's 'J'ranslatiun). The " Instructions" in the eariy commissions ordered : ''And accordinf:u THE FIIF.SCU UKdlMi:. 8 ed tin' troops, made trcAlics with tlu' liidiuns, and took pveci'doncc on all occasions ol' stiitc The intondant cami' next to him in rank, and, hy virtues ol' his lari»*»' powers cxercisod RToat inllucnci' in then colony. II«' presided at the council, and had conlrol of all expenditures ol' public money. His commission also empowered him to exercise judicial functions, and in certain cases to issue ordinances havinu: the force of law whenever it miii'ht be necessary. ' When thckin;^ rt'oriiani/iul the government of Canada, in the month of April, 1()63, he decreed the establishment of a supreme council at Quebec.- This body, afterwards called the superior council, consisted of the governor, the })ishop, the intendant and live councillors, subsequently increased to .seven, ' and eventually to twelve.' This council exercised legislative, executive and _judi(dal powers. It issued decrees lor the civil, commercial, and linancial government of the colony, and gave judgment in civil and criminal causes according to the royal ordin- ances and the rout/tine t/e l^aris, besides exercising the func- tion of registration borrowed from the Parliament of Paris. An attorney-general sat in the council, which was also empowered to (vstablish subordinate courts tiiroughout the colony. F^rom the decisions of the inten- dant or the council there was no appeal except to the king in his council of state. Local governors were appointed at Montreal and Three lUvers, but their authority was very 'See Coinmiss'u)n.s of Intondants in Kditu it Ordonnanca^/m. - Edit dc creitlion du amfiril .wurerain de (^ut hec, Ih. i. 37. ' In 1(375, wlien tho king confirmod tho decree of IGliS (//*. i. 83), and revoked the charter of the West India Co., to whicli oxclnsivo trading? liriviioires liad been conceded in KUM. Dontre et Lareau, Ilistoiro du Hioit (.'anadion, US, 184. ' In 170;>. The conncillor.s were rarely changed, and usually held odice for life. They were eventually diosen by the king from the inhabitants of tho colony on tho recioniinondation of the governor and intendant. The West India Co. made nominations for some years. The first council, after the edict of KUk!, was selected by the governor and bishop, but prac- tically by the latter, Monsoigneur Laval. Parkman, Old Regime, 135-6. 4: 11' «if m •i !|' hi iiH 4 PARLIAMENTARY IXSTJTUTIOXS IX CANADA. limited ; for they were forbidden to fine or imprison any person without obtaining the necessary order from Que- bec. Neither the aeigneur ncr the habitaid had practically any voice whatever in the government ; and the royal gv.vernor called out the militia whenever he saw fit, and placed over ii what officers he pleased. Public meetings for any purpose were jealously restricted, even when it was necessary to make parish or market regulations ' No semblance of municipal government was allowed in the town and village communities. Provision had been made in the constitution of 1GG3 for the election of cer- tain municipal officers called syndics, to note any infrac- tion of public rights in the large communities ; but, after a few futile attempts to elect such functionaries, the gov- ernment threw every obstacle in the w^ay of anything like a municipal system, and the people finally were left without any control whatever over their most trivial local affairs. - The very social fabric itself rested on feudal principles modified to suit the condition of things in a new country. The liahitanl held his lands on a tenure which, however favourable to settlement, was based on ' II ne laisse ])as dVHre de tres grande coiisequeiioe de ne pas laifser la liberte an i)eiiple do dire sou sentiment. (IMeules au ^finistre, 1(.)S5.) Even "meetings held by parishioners under the eye of the cure to esti- mate the cost of a new church seem to have required a special license from the intendant." (I'arknuui, The Old R*\ 2S.l-(!. -For accounts of system of governir.ent in Canada till the conquest, see Garneau i. hook iii., chap. iii. I'arkmau's Old llcL^ime inCanaila, chap, xvi. Reports of Attorney-General Thurlow (177;)), and Solicitor-General Wedderburne (177L*), cited by Christie, i. chap. ii. ■ Atty.-Gen. Thurlow ; Christie's Hist., i. 48. (nirneau, ii. 70. I ! PARLIAMENTARY INSTITUTIONS IN CANADA. Canadians the free exercise of their relij^ion ' ; and certain specilied fraternities, and all communities of religievsea were guaranteed the possession of their i^-oods, constitu- tions and privilegvs, but a similar llivour was denied to the Jesuits, Franciscans or Recollets and Salpicians, until the King should be consulted on the subject. The same reservation was made with respect to the parochial clergy's tithes. These terms were all included in tni^ Treaty of Paris, signed on the 10th of February, 1Td to military chiefs, stationed at (Que- bec, Montreal and Three Rivers, the headquarters of tlie three departments into which General Amherst divided the country. ' Miliary councils were establislied to ad- minister law, though, as a rule, the people did not resort to such tribunals, but settled their difliculties among themselves. In 17r>?j, the king, George III., issued a pro- clamation establishing four new governments, of whieh Quebec was one. ' Labrador, from St. John's River to ' The words "as far us tho linv.s of d in the iirst instance of the two lieutenant-governors of Montreal and Three Rivers, the chief-justice, the surveyor-general of customs, and eight others clioSv?n from the leading residents in the colony.' From 1703 to 1774 the province remaininl in a very unsettled state, chielly on account of the uncertainty that prevailed as to the laws actually in force. The "new subjects," or French Canadians, contended that justice, so far as they were concerned, should be administered in ' The oatli.s of allogiance, .'-iipromaoy, and abjuration Avere formerly required to bo tai^eu by overj' ineniber in tlio EuL'lish Commons under various statutes. By 29 and 30 Vict., c. ]!», and P,I and o2 Vict., c. 72, a single oath was pn'.soribed for members of all rolij^ions denominations ; ]\Iay, 20"). 30 Car. 11., .'it. 2, c. 1, required members of botli houses to subscribe a declaration ajxainst transnbstantiation; the adoration of the Virgin, and the sacrifice of the nuiss. Taswell-Langmead, Const. Hist., 6')(5, ().")7. - Atty.-Gen. Thnrlow, in Christie, i. -jO-l. •' It was convoked pro forma, but never assembled. C>arneau, ii. 92, 108. ' Garneau ii. S7-S. Only one native Froncli-Canadian was admitted into this council. THE (iUEBEC ACT OF 1771. 9 Ito he bt., accordance with their ancient customs and usages, by which for a long series of years their civil rights and propcriy had been regulated, and which th y also main- tained wcr',^ secured to them by the terms of the capitu- lalioii and the subsecj^uent treaty. On the other hand, ■• the old," or English subjects, avgued from the pro- /lamation of 1703 that it was his Majesty's intention at once to abolish the old established jurisprudence of the country, and to establish English law in its place, even with respect to th(^ titles of lands, and the modes of descent, alivmation and settlement.' III. The Quebec Act of 1774.— The province of Quebec remained lor elcviui years under the system of govern- ment established by the proclamation of 1703. In 1774, Parliament intervened ibr the lirst time in Canadian allair.s and made important constitutional changes. The previous constitution had been created by letters-patent under the great seal of Great Britain, in the exercise of an unquestionable and undisputed prerogative of the Crown, The colonial institution^ of the old possessions of Great Britain, now knovvn as the United States of America, had their origin in the same way.- But in 1774, a system of ijovernmcnt w^as granted to Canada by the express ' Atty.-(.ien. Tlmrluw. in ("liristie, i. nl-CIl ; also JiOi)ort of Atty.-Geii. Y.iike, an moiit of till' province eace, welfare, and good government of the provinc''. They had no authority, however, to lay on any taxes or duties except such as the inhab- ' Gnrneau, who ro.[)resonts French Caiiadiau views in liis history, acknowledjres tliat "tlie law of 1774 tende.. It was also enacted that in all matters of controversy, relative to property and civil rii^hts, recourse should be had to the French civil ])rocedure, whilst the criminal law of Enu'land should obtain to the exclusion of every other criminal code which mig'ht have prevailed before 1704. Both the civil and the criminal lav/ might he modified and amended by ordinances of the governor and legis- lative council. Owners of lands, however, might be- queath their property by will, to be executed either ac- cordinc to tin* laws of Canada or the forms prescribed by the laws of England. The act also expressly gave the French Canadians additional assurance that they would be secured in the rights guaranteed to them by the tcn'ms of the (.capitulation and the subsequent treaty. Roman Catholics were permitted to observe their religion with perfect freedom, and theiv clergy were to enjoy their "accustomed" dues and rights" with respect to such per- sons as professed that creed. Consequently, the Ivoman Catholic population of Canada were relieved of their dis- abilitii^s many years before people of the same belief in Great Britain and Ireland received similar privileges. The new constitution was inaugurated by Major General Carleton, afterwards Lord Dorchester,- who ' A supplementary bill, passed in the session of 1774 (14 Geo. III., e. 88), provided a I'evenne for defraying exjjenses of administration of jastiee and civil jiovernment by imposing duties on spirits and molasses^ in place of old ]'>enn authorized to make lull enquiry into the stale ol' the eolony. In the session of 1701, George III. sent a meB.'-nj^o to the Houne of Commons declaring- that it would be for the henelit of the jieople of the i)rovince if two distinct governments wre established therein under the names of Lower Can- ada and Upper Canada.' The result was the passage throuuh rarliameut of the Constitutional Act of 171)1.' which was introduced in the House of Commons by Mr. Pitt. Tills act created mticli dis«'Ussion in Parliamout and in Canada, where the printnpal oj^position came from the British inhabitants of Lower Canada . ' Much jealousy already existed between the two races, who were to be Still more divided from each other in the course of the operation of the new constitution. The authors of the U''W scheme of government, hovvi'ver, were of opinion that the division of Canada into two provinces would have the ellect of creatinu' harmony, since the French would be left in the majority in one section, and the British in the other.' The Quebec Act, it was generally ' Mardi 4, 1791. Cliristio, i. 1. " In Upper luul Lo\\>>r Canada the tlireo estates of governor, couiutil and asseiul)ly were established, not l)y tlio Crown (as in the caso of the old (Colonies), but by tho express authority of Parlia- iiK'iit. This deviation from tiie uieneral nsa,i:;n was unavoidable, because it was jndjjed right to impart to the Konian Catliolie population of the Canadas privdeiies wliich, in tho year 1791, the Crown could not have leirally conferred upcm tliein. Tiiero is also reason to believe that the settlement of tho Canadian constitution, not by a y the American loyalists as an iniportant piarantoo for tho secuiro enjoyment of their jiolitical franchise.s." Kep. of Com. of Council, l>t May, 1S4U; Earl Grey'.< Colonial I'olicy, ii., app. A. •' !Mr. Adam Lymburner, a Quebec merchant, was lieard on the 23rd March, 1791, at the bar of the House of Commons a.^rainst the bill. Christie, i. 74-114. ' Mr. Pitt said : "I hope this soi)aration will put an end to the competi- ir- 'iFl Ik w 16 /■.iA7./.i.i/y;.vv.i/;)' ixstitiiioss i.\ r.i.v.i/;.!. !^1| i I admittocl. liiul not pioniott cl th.' prosperity or liiip[)iiie.s^ of tho pt'opl'. (rrciit uiit'ertiiiiity still oxistod us to the laws iictually in loi't'f uiulcr the act. Althoii<»'h it had boon sixti'on years in operation, noithor the Judir-os nor the l)ar clearly luidorstood the character ol' the laws of Canada previous to the conquest. iS[o certainty existed in any matters of iitigiition except in the case ot the po.«;- session, transmission, or alienation of landed i>roperty, where tho custom of I'aris was fjuiti' clear. The Can- adian courts sometimes admitted, and at other times re- jected, French law, without exi)laining- the ^-rounds of their determination, hi not a f.-w cas.'s, tht'j'udu'cs were confessedly ignorant of French Canadian jurisprudence.' The Constitutional A<'t of 1791 established in each pro- vince a legislative council and assembly, WMth power to make laws. The legislative council was to be appointed by tho king for life — in l^ppcr Canada to consist of no less than seven, and in Low^'r Canada ot not less than fif- teen URMnbers. Members of tlu* council and assembly must be of the age of 21. and either natural-born .subjects or naturalized by act of Parliament, or subjects of the Crown by the conquest and cession of Canada. The sovereign might, if ho thou;-;ht proper, annex hereditary titles of honour to the right of being summoned to the legislative council in either province.-' Tln' speaker of tiou between thedlil Froiicli iuluil)it:inl.s uiKltho new -settlers fniiu Bri- tain unil the r>riti.>-li colonies." "'diuninl lUirke was of opinion that "to attempt to amalgainato two populations conii)osocl of races of men diverse in lan^uajie, laws, and customs, was a complete absurdity." For debati s on bill see En;4. Hans. Pari. Hist. vol. L'8, p. li'71 ; vol. L'9, pp. 104,;]5l'- 4o9, G55. Garneau. ii. 11)8-2(1:!. Christie, i. (j(i-114. ' Christie, i. 67. -Mr. l^ymlnirner, Ih. 77-7U ; Koport on Administration of Justice, 1787. Garneau, ii. 18i)-'J(t. - No titles were over conferred under the authority of the act. Colonel Pepperrell was tlie lirst American colonist who was made a baronet fur his services in the capture of Louisbourir, 1745. Such distinctions were very rare in Canada during the years previous to Confederation. Chief Justices James Stuart and J. B. Robinson were both made baronets iu <:(>NSTITUT[ONAL ACT, IVH. 17 tlu' council was to he appointed by tho n-ovcrnor-jrtMioral. The whole number of mt'mbiu's in the assembly of Upper C'anadi was not to be less than sixteen ; in Lower Canada not less than lifty.' — to be chosen ])y a majority of votes in either ease. The limits of districts returnini^ represen- tatives, and the numl)er of representatives to each, were iixed by the gov»'rnor-i:^eneral. The county members were elected by owni^rs of lands in freehold, or in fief or voture, to the A'alu<' of Ibrty shilling's sterlini^ a year over and above all riMits and chavu'es payable out of the same. "Members for the towns and townships were elected by j)ersons havinii' a dwelling' house and lot of i>ronnd there- in of tlie yearly value of iJo sterling' or ujiwards, or who, luiving resided in the town for twelve months previous to the issue of the election writ, should have bond Jldii paid one year's rent for the dwellin<^-house in which he: shall have resided, at the rate of tlO sterling a year or up- wards. No legislative coum-illor or clergyman could be elected to the assembly in either province. The governor was authorized to lix the time and place of holding the meeting of the legislature and to prorogue and dissolve it whenever he deemed eithtu" course expedient ; but it was also provided that the h'gislature was to be called to- gether once at least every year, and that each assembly should continue for four years, unless it should be sooner dissolved by the governor. It was in the power of the governor to withhold as well as give the royal assent to all bills, and to reserve such as he should think fit for the tlio early times of Canada. But, since 18G7, the Queen has conferred special marks of royal I'avonr on not a few Canadians of merit (See Todd I'arl. vyinu- and oolliH'lini>- duties, lor t ho T('U'ulatit>n ol" naviuation and oonini(M'c«' to ho carrit'd on Ix^twiHMi tht> two provint^^?. or hctwi'on eitliiM- ot Ihoni and any otlior i)art ot flic liritish doniinion.s or any foroii>ii lounrry. rarlianionl also rt'sorvod the powtM' of apitoint- iuii' o,- dir(^('tinroA'idt'd in tluMunv constitution tiiat all pub- lic functionaries, including' the L:(>vcrnor-j:oiieral, should l>e ajipointed l)y the Crown, and reniovablt> at the royal pl(>asure. The IVee i^xeri-ise of the l\onian Catholic vo- lig'iou was uuaranteetl i)ernunu>ntly. Tlii» kin rig'ht to set ;i]iavt. \oy the us(< of the Prott^stant dcM-uv in l!it> colony, a sevcntli pari ol a th unclearei I crown lands, The o-oviM'nors niiiiht also be empowered to eriH't jvirsonau'cs and (Midow them, and to i")r(\scnt in- cnmbtMits or ministers o\' the Church of l^nalaml. and whilst power was o'iven to the jirovincial lei>'islatures to amend the j>rovisions rt'spcctinii' allotments for tln^ suj^- l^ort of tlu^ rrotestant clerii'y. all hills of sU(>h a natun' could not be asstMitinl to imtil thirty days after they had oeen laid before both houses of the Im]>erial Parliament.' Th( u'overnor and executive council were to reniai in ii court oi^ appeals until tht> lesiislatures of the provinces miuht makeothiM- i)rovisions.' The riu'ht of bequeathing- property, real and personal, was to be absolute and iinre- striited. All lauds to be o-ranted in Upper Canada wero ' 'Pin' iutoiit ol'tluvso provi.>n.s was to prosorvi\ llio rights aiiil iiittMo.*<(s of tho ostal)lisli(>il Cluin'li of llii-rland in botli proviiuva from invasion by tluMr rospoctivc lo^islatnro.s. ( 'liri.stie. i. I'iL'. •' An oniinanco of liio province of QnclHM' hail so constitntod tiiooxocn- livo. See noutrc ot Laroaii, 713. rOXsTfllTloXAl. A(T. 17!U. 19 tohe in t'lvo and rommon sooae'<\ as woll as in Lowor Canada, whon tho tirani«M» dosivod it. I<]nu"lish criminal law was to obtain in both pvovincos. A ]>voclaniation was issnod on tlio ISlh of Nov(Uiibev. 17!V1.' On tlit^ 7th of May. I7l>:2, l.ow.n- Canada was; divided into lifty idoi'toval districts, rclnrninu,- alto^vther littv uiomhcrs. Tho K\u:ishituro oi that province was called toiivtiior by proclamation on the ;)()th ot C)ctober, and nn>t for tho lirst time accordinu'ly at (Quebec on the ITtli of Pocombor. IT'.t'J. The leii'islative council was composed of lifteen mombtu's." Tht' iiovernment of Up- ]>er Canada was or-. when the nn>mbers of the executive and leu'islative coun- cil were sworn, and writs issued I'or the elect i«m of the assemblv. The lirst meetinu' of tlu> h\nislature of llpper Canada — with si>von members in the len'islative council and sixteen in the asst»mbly — was hehl at Newark (the
'islatures, even in those earlv times of the ' ('y tlit^ li(Mit(Miant-iri)VO'ii(>r, ( umutuI Aliiivd Clarko. Tlio ;j:ovoriu>r-i:on- cval, l.onl I 'KVi'lu'stcr, was i•hs(^nt in l'"imlaiul. Ttiis proclamation sot t'ortli ilio division line botwoon tin' iiroviiii\>s as slaiivl in ilio onlor ct" coiHU'il ot'tiio pivvious Auy;nst — tltc Ottawa rivt>r lu'li^j; tlu' liiu' as t'av as Lake ToMiisi'^niinuiit*. ("Iwistio, i. I'JI. lion. \\ . Sinitli, cliit^f jnstico, was appointivl spi^aluTof tlu^ loirislativo I'ouncil of i.owor (anaila ; .1. A. I'ani t was i\liM'ti'il spivakcr of tho ii'ijisla- tivo assiMubly. Soo Cliristii'. i. l-d-S, whero names oi' nit^mbors of both lionses are ixivon. The U>;j;islaturo mot for some years in tiio bniMiniT known as tiio old l>isliop's I'aiaro, situated Ivtwoon the (.irand r>attory ;."d I'n-si'otl (into. Hon. \V. t)si:oodo, cliicf jnstii'o, spoakor of loijisliitivo oonnoil •, W. Mac- Uonnt 11, si/oakov of loiiislativo asst>mblv. Tho tirst mootini: was in a riziU tVanio lionso, abont half ii niilo Ironi tho villai::o — it whs not unnsuiil lor tho nioniViers to assonil>lo in tho ojion r.ir. (Si'uddin<:'s Toronto, '29.) Tho lou,'islaturi> of I'pjior (\inada was roniovod to York, now 'I'oronto. in 17!t7 that town luivini:!; booa fonndod and naniod by (iovornor Siniooo in 17i'4. ^Withrow, ■_"■>■_'.) '1 ho provincial lojjislatnro mot in a wooden huihiin;: ou what is now known as I'urliiiment Street. Soadding's I'uronto, lll)-7. 20 J\ I RLL I MENT. I R Y INSTITUTIONS IN CANADA. provinces, assembled with the formalities that are ol)- served at the opening of the Imperial Parliament ' The rules and orders adopted in ea(;h legislature were based, as far as practicable in so new a country, on the rules and usages of its British prototype.-" The Constitutional Act of 1791 was framed with the avowed object of "assimilating the constitution of Canada to that of Great Britain, as nearly as the diiference arising from the manners of the people, and from the present situa- tion of the province will admit." ' For some years after the inauguration of the new con- stitution, political matters proceeded with more or less harmony, but eventually a conllict arose between the governors and the representatives in the assembly, as well as between the latter and the upper house, which kept the people in the dillereut provinces, especially lu Lower Canada, in a state of continual agitation. In Upper and Lower Canada the official class was arrayed, more or less, with the legislative council against the majority in the assembly. In Lower Canada the dispute was at last so aggravated as to prevent the harmonious operation of the constitution. The assembly was con- stantly fighting for the independence of parliament, and the exclusive control of the supplies and the civil list. The control of "the casual and territorial revenues" was a subject which provoked constant dispute betwa^en the crown officials and the assemblies in all the provinces. 'The Duke ile la Kochefoucault-Liancuurt, wlio was present at an "opening" in 1795, at Newark, gives a brief atrouiit of the ceremonial ol>- served even amid the liumble surroundings of the first parUamont. See vol. ii. 88. -' See Chai). v., uifra. ' Despatch of Lord Grenville to Lord Dorchester, I'Oth Oct., 17S!>, given in App. to Christie, vi. lG-24. Lt.-liovernor Sinicoo, in closing tho first session of the legislature of Upper ('anae Edward Island the political difficulty arost^ from the land monopoly,' which was not to disapi^ear in its entirety until the colony became a i^art of the confedi^'ation of Canada. But when we come to review the political con- dition of all the provinces, we find, as a rule, " represen- tative f^overnment coupled with an irresponsible execu- tive, the same abuse of the powers of the reprc^sentative bodies, owing to the anomaly of their position, aided by the want of good municipal institutions ; and the same constant interference of the imperial administration in matters which should be left wholly to the provincial governments." ' In Lower Canada, the descendants of the people who had never been allowed by France a voice in the administration of public affairs, had, after some years' experience of representative institutions, en- tered fully into their spirit and meaning, and could not now be satisfied with the workings of a political system ■which always ignored the wishes of the majority who I ll ' Mr. Yoiinjr to Lord Diirhani, R., 75, und App. At the tiiii(» of the border dinicnlties with ."Maine, tlio Nova Scotia lejii.slattiro voted liio ne- ces.sary .supplies. "Yet," .said Mr. Ifowo, " tiiose wiio voted tiie iiioiiey, wlio wore responsilile to tiieir coiistitnents for Us expenditure, and with- out whose consent (for tliey formed two-thirds of theConiinons) a shiHiii;.^ could not have been drawn, had not a sinirlo man in the local cabinet, l)v whom it was to be spent, and by whom, in that tryinj^ emersrency, the jrovernor would be advised." - Lord Durham's K., 74. ' Iidd. 7b- ' Ilnd. 74. t CONSTITUTIOXAL ACT, ITOI. 23 ri'ally represented the people iu thf legislatuve. Conse- quently, the diseontent at last assumed so Ibrmidable a cliaracter, that legislation was completely obstruoted. Eventually, this discontent culminated in th(> rebellion of 1837-38,' which inllicted much injury on the province, thoui^h happily it was coniined to a very small part of the people. An attempt at a rebellion was also made in the upper provinct", but so unsuccessfully, that the leaders were obliued to lly almost simultaneously with the rising- of their followers;- though it was not ibr many months afterwards that the people ceased to feel the injurious effects of the agitation which the revolutionists and their emissaries endeavoured to keep up in the province. In tlie lower or maritime colonies, no disturbance occurred, ' and the leaders of the popular party were among the first to assist the authorities in their efforts to preserve the public tranquillity, and to express themselves emphati- cally in favour of British connection. ' The result of these disturbances in the upper provinces was another change in the constitution of the Canadas. The imperial government was called upon to interV('ne promptly in their alfairs. Previous to tht^ outbreak in Canada the government iiad sent out royal commission- ers with instructions to inquire fully into the state of the province of Lower Canada, where the ruling party in the assembly had formulated their grievances in the I t ' Fur various iU'cnuuts ot this ill-advisod relielliDU in L. C, mv Uar- neau, ii. clKip-s ii. and iii., Book Ki, pp. 4lS-!>(); Cliristio, vols, iv., ami v. ; Witlirow, rhup. xxvii. - I^it'e of W. Lyon Mackenzie, (". Jjiiulsey. Withrow, rlia[). xxviii. '• " It' in llieso provinces liiere i.i loss I'ornruhibio diseontcint ami ies.s ui)- stnictioi) \o tll(^ reh Howe at, a public meetin;:: held at Halifax , N.S., in 1838. Howe's liife and Letters, i. 171, 17U. 'I "H H 24 I'ARLIAMKXTARY INSTITUTIONS IN CANADA. 'I shape of niiioty-tvvo rosolutions, in which, among other things, they demanded an elective legishitive council. ' Lord Gosford came out in 1835 as governor-general and as head of the commission,- but the result tended only to intensify the discontent in the province. In 18 3 Y, Lord John Kussell carried in the House of Commons, by a large majority, a series of resolutions, in which the de- mand for an elective legislative council and other radical chances was positively refused.' In this public emer- gency the Queen was called upon, on the 10th of Febru- ary, 1838, to sanction a bill passed by the two housi^s, suspending the constitution, and making temporary pro- vision for the government of Lower Canada. This act ' was proclaimed in the Quebec G-azettc on the 29th of March in the same year, and, in accordance with its pro- visions. Sir John Colborne appointed a special council,"' which continued in office until the arrival of Lord Durham, who superseded Lord Gosford as governor-gen- eral,'' and was also entrusted with larg(^ powers as high commissioner' "for the adjustment of certain important allairs, affecting the provinces of Upper and Lower Can- ada." Immediately on Lord Durham's arrival he dis- solved the special council just iricntioned and appointed a new executive council." This distinguished statesman ' Giirneau, ii. 414. .Journals, L. C, 18:]4, p. 310. -' "".Vitlirow, .">(j5. Sir ( '. Grey and Sir G. Gii)ps were assix-iuted witii Lord Gosford on the Coniniiasion. •■ Eng. Com. .1. [1)2] •Mb; Mirror of l\, 124:1.4. ' 1 and 2 Vict., c !»; 2 and l) Vict., o. 53. ■' Ciiristie v. nl. Die first ordinance suspended tlie J f((hi(ts CoriniA^ and declared tliat the enactment of the council should take elfect from diito of passage. '' Christie, v. 47-!). Sir John Colborne was only administrator at tlii.s time. ' Tor instructions, in j)art, to Lord Durham and his remarks in the IJou.se of Lords on accepting the oUice, i-ee Christie v. 47-50. ' Christie, v. ir)0-51. After the departure of Lord J)urham a " si)ecial council " was again apjMjinted. Jh. 240. See infra 2ti. UNION ACT, 1S40. 2o rontinvied at the head of afiairs in the province from the last of May, 1838, until the 8rd of November in the same year, when he returned to En^^land, wh(>re his ordinance of the 28th of .Tune, sentencino- c^ertain British subjects in custody to transportation vvrithout a form of trial, and subjeciting them, and others not in prison, to death in case of their return to the country without permission of the authorities, had been most severely censured in and out of Parliament as entirely unwarranted by law.' So strono- was the feeliui^ in the Imperial Parliament on this qU(»stion, that a bill was passed to indemnify all those who had issued or acted in puttinq: the ordinance in force.' V. Union Act, 1840.— The immediate result of Lord Dur- ham's mission was an elaborate report, ' in which he fully reviewed the political diiliculties of the provinces, and rciommendcd imperial legislation with the view of reme- dvinii" existing t^vils and strengthening British connec- tion. The most important recommendation in the report was to the effect that " no time should be lost in propos- inu' to Parliament a bill for restoring the union of the Canadas under one legislature, and reconstructing them as one province." On no point did he dwell more strongly than on the absolute nt>cessity that existed for entrusting the government to the hands of those in whom the repre- sentative body had confidence.' He also proposed that For (U'liates on (Hiestion, toxt ol" ordi nance and accojnpanyins; procla- •uation, seo Christie, v. l.-jS-s;^. - Tliis hill was introduced hy Lord Uronjiham, the severest critic of L'.>nl J»nrluunV course in this matter. (I and 2 Vict., c. ll'J.) In uihnit- tin^' tlie (luestionahle character of the ordinance, Lord Durham's friends (It^Iirecated the attacks made a;j:ainst him, and showed that all his mea- sures had heen inlluonced hy an anxious desire to pacify the dissensions in the provinces. Christie, v. 18:!-it4. Ollicially oommunieated to Parliament, 11th Feb., ISllO. ^ " I know not how it is possible to secure harmony in any other way tlian hy administering the government on those printiiples winch have I f 1 hI 26 VARLIAMIISTARY IXSriTUTlOys L\ CAXADA. the Crown should give up its ivvenucs, except those d.'- rived from land sales, in exchang-e I'or an adi^quatc civil list, that the independence of the judg-es should be secured. and that municipal institutions should be established without delay, " as a matter of A'ital importance." Th.^ first immediate result of these suggestions was the pr.'- seutation to the Imperial Parliament, on the -ird of May. 1831', of a royal message, ' recommending" a union of the Canadas. In the month of June, in the same year. Lord John Russell introduced a bill to reunite th*^ two provinces, but it was allowed, after its second reading, to lie over for that session of Parliament, in order that th- matter might be fully consid(>red in Canada, and more information obtained on the subject.- Mr. Pouh'tt Thom- son' was appointed governor-general with the avowed object of carrying out the ])olicy ol' the imperial govern- ment, and iramediati'ly after his arrival at Montreal in November, 18o!>, he called the special council together, and explained to them '• the anxious desire felt by Parlia- ment and the British people that a settlement of the ques- tions relating- to the Canadas should be sp(»edilv arrived at." The council passed an address in favour of a reunion been found porfe(!tIy ell'u'iirious ill (ireat Britain. I would not impair a single prorogative of the Ci'own ; mi tlio contrary, I believe lliat the. in- tere.«t.s of the people of these provinces require tlie protection of preroL'a- tives wiiicli liavo not hitherto been exercised. Hut tlic. Crown must, on the other hand, submit to the necessary conKequeiices of representative institutions ; and if it has to carry on the govermnent in unison with a representative body, it nuist consent to carry it on by means of those in ■whom that representative body lias contident-e." I'age lotj of 11. ' Mr. '^oulett Tliomson's remarks to special council, lltli Xo\.. l^;''.'.'. Christie, v. ;)1(3. -' Christie, v. l.'S()-!)(). The opinion of the i>ritisli Parliament was i!-- ciiledly favourable to the bill. ■' Mr. Tiiomson was a menil)er of the Imperial Parliament, and of de- cidedly advanced views in pcjlitics. !Sir .John Colburne was governor in the interval between J^ord Durham's retirement and Mr. Thomsons ap- pointment. UNION ACT, 18 W. 27 of the proviuces under one legislatnri', as a measure of indispensable and m-f^ent necessity." ' The governor- o-eneral, in the mouth of December, met the legislature of Upper Canada, and, after full consideration of the ques- tion, both branches passed addresses in favour of union, setting forth at the same time the terms which would be considered most acceptable to the province." - It will be seen that the imperial government considered it necessary to obtain the consent of the legislature of Upper Canada, and of the special (.'ouncil of Lower Can- ada, before asking Parliament to reunite the two pro- vinces. Accordingly, Lord John Ilussell, in th(» session of 1840, again brought forward his bill entitled, " An Act to reunite the provinces of Upper and Lower Canada, and for the government of Canada,'" ' which was assent»!d to on the 2ord of July, but did not come into ellect until the 10th of February in the following year, in accordance with a suspending clause to that ellect.' The act pro- ' Special Conn. J., Nov. 11, 12, 1."., 14. Christie, v. :;iti--2-_'. -■ Le>.'. Conn. J. (IS.T.MO) 14, ^c. Leu. As.s. .1. (Isr.iMO), 10, .")7, o:'., <5(;, 1('»I,1(>4. Christie, v. D'.'(i-50. Previously, however, in 1S:5S, a coinniitte.e of the liouse of as.sembly of Cfjper Canadii had declared itself in favour of the proposed union. l'p|>. Can. Ass. I. (ISl.S), L'8i'. •3 and 4 Vict., c. 35. Tiio bill passed with hardly any f)pposition in tlio Commons, hut it was opposed in the Lords hy the Duke of Wellington, tlie Karl of ( rosford, and tlie ICarl of Elienhoroui^h, besides others. ' Mr. Toulett Thomson, now cieated Lord Sydenham, issued his proclamation on February ."). lS4i, and took the oath on that day as <:()Vornor-jrenoral from Chief Justice Sir .Tames Sinart at Liovernment House in Montreal Mr. Thomson's title was Baron Sydenham, of Sydenham in the ( 'ounty of Kent, and of Toronto in Canada. (Christie V. 357-S.) The (irst parliament of tiie uniteil Canadas was held at Kingston, 14th of .lune, 1841. In 1844 it was removed to Montreal (then a city of 40,000 souls), on addr^.ss. >Mr. Speaker .Taraescm and other I'pper Canadian lejiislative oouncillors lelt their seats rather than afrreo to the vote for the chanjre. The lo<,'islature remained at Montreal nntil the riots of 1841), on the occasion of the liebellion Losses Bill, letl to the adoption of the system, under which the leijislaturo met alternately at Quebec and 'I'oronto— the latter city beinj» first cho.-en by Lonl El^'in. An address to the Queen to select a permanent capital was ajrreed to in i! m 28 I'ARLIAMKNTMIY fNSTtTITIOXS I\ CANADA. • 5' I- !■ l1 i ! vidod for a loj^islative coiiucil ol" not l»^ss than twenty members, Jiud lor a lej?islative assi^rably in which each section of the united provinces would be represented by an equal number of members— that is to say, forty-two for each, or eiglity-four in all. The speaker of the (coun- cil was appointed by the Crown, and ten members, in- cluding- the speaker, eonstituted a quorum. A majority of voices was to decide, and in ease of an equality of votes, the speaker had a casting vote. A legislative councillor would vacate his seat by continuous absence for two consecutive sessions. The number of represen- tatives allotted to each province could not be changed except with the concurrence of two-thirds of the mem- bers of each house. The quorum of the assembly was to be twenty, including tlie speaker. The speaker was elected by the majority, and was to have a casting vote in case of tlie votes being ec[ual on a question. No person could be elected to the asst^mbly unless he pos- sessed a freehold of lands and tenements to the value of five hundred pounds sterling over and above all debts and mortgages. The Eni>lish language alone was to be used in the legislative records.' A session of the legis- lature should be held once, at least, «n'ery year, and each legislative assembly was to liav(^ a duration of four years, unless sooner dissolv(Ml. Provision was made for a consolidated revenue fund, on which the first charges 1857, and Ottuwa linally chosen. The Canadian parliament assembled for tho Jirst tinuMin tiio 8th .June, iSlKi, in the new odilice constrncted in that city. The Biiiish Morth America A(!t, ISiiT, s. l(i, made that city the political capital of the Dominion. Turcotte, 1st l)art, 71, Ml; I'nd part. 110, ;]l,Vl(i. 'The address from the Upper ( anada as.sombly prayed for tho equal represontation of each province, a permanent civil list, the nse of tho English langna^'o in all judicial and kv.:islative records, as well as in the debates after a certain i)eriod, and that the public debt of the province be charged on the joint revenues of the United < aiiadas. These several propositions, except that respecting the French language, wen^ recom- mended in tho governor-goneral's messages. Christie, v. o:}4-4S. UNION ACT, ISW. 29 ■were expeiisos oi' collection, luaiiugemeiit, mid receipt oi' ri'veiiuos, interest of public debt, paynn-nt oi' the clergy, and civil list. The fund, onc-e these payments wore made, could be appropriated lor the public service as the legislature might think proper. All votes, resolutions or bills involving the expendituri' oi" public money were to l)e iirst recommended by the governor-general.' The passage of the Union Act of 1840 was the com- mencement of a new era in the constitutional history of Canada as well as of the other provinces. The statesmen of Great Britain had learned that the time had arrived for enlarging the sphere of self-govi^rnment in the colo- nies of British North America ; and, consequently, from 1840 we see them year by year making most liberal con- cessions, which would never have been thought of under the old system of restrictive (Colonial administration. The most valuable result was tht; admission of the all im- portant principle that the ministry advising the governor should i)0ssess the confidence of the representatives of the people assembled in parliament. Lord Durham, in his report, had pointed oi . most forcibly the injurious consequences of the very opposite system which had so long prevailed in the provinces. His views had such in- fluence on the minds of the sta^^'^smen then at the head of affairs, that Mr. Poulett Thomson (as he informed the legislature of Upper Canada), " received her Majesty's commands to administer the government of these pro- vinces in accordance with the well-understood wishes and interests of the people." " Subsequently he commu- ' See chapter xvii. on Supply, s. 2. -In unswer to an address from the assembly, ]'Mh December, 18;?9. (Christie v. 353.) The views of the great body of Reformers (in Upper Canada) appear to have been limited, according to their favourite expres- sion, to making the colonial constitution " an exact transcript " of that of Great Britain ; and they only desired that the Crown should, in Upper Canada, as at home, entrust the administration of alfairs to men pos- sessing the conlidence of the assembly. Lord Durham's R. 58. in M J ' '1 w f » 1 1 ! !. i " " \ ' \ '1 1 ' 1 ^ ) *1 1! m 30 rAniJAMESTMiY ISSTITVTIONS IN CANADA. Ml :|! nicatod to tho louislature of tho united provinces two despatches IVoni Lord John Ivussell,' in whicli the gover- nor-general was instructed, in order " to maintain the utmost possihh^ harmony," to call to his counsels and to employ in the public service "those persons who, by their position and character, have obtained the general oonlidence and esteem of the inhabitants oi" the province." He wished it to be generally made known by th(^ gover- nor-ueneral that thereai'tc^r certain heads of departments would be <'alled upon " to retir.' j'rom the public service as olten as any sullicient motives of public policy might suyiyest the expediency of that measure." " During the first session subsequent to the message (conveying these despatches to the legislature, the assembly agreed to cer- tain resolutions which authorittitively (expressed the views of the supporters of responsible government. It was emphatically laid down, as th(} very essence of th(^ principle, that ■' in order to preserve between the differ- ent branches of the provincial parliament that harmony which is essential to the peace, welfiire, and good govern- ment of the province, the chief advisers of the represen- tative of the sovereign, constituting a provincial adminis- tration under him, ought to be men possessed of the con- fidence of the representatives of the people, thus affording a guarantee that the well-understood wishes and interests of the people, which our gracious sovereign has declared shall be the rule of the provincial government, will, on ' Lord J. Eiissell was colonial secretary from IcSJit) to 1841 ; the olHee was afterwards held successively from 1841 to 1852 by Lord Stanley, Mr. Gladstone, and Earl Grey. So that ail these eminent statesmen assisted in enlarjring the sphere of self-go verimient in the colonies. Todd's I'arl. Gov. in the Colonies, '2b. - Can. Ass. J. (1841), App. BB. These papers were in response to an ad- dress from the assembly of oth August, 1841. Tlie instructions to the governor-general repeated substantially the despatches on responsible government. Journal of Ass., 20th August, 1841. UNioy Axi)rt'ssion of the views of the lari»e iiinjority in the leijfislalurc. «" responsible <^overnmenl " did not always obtain in the fnlK'st >ense of the phrase, and not a lew niisiindiTstandini^s aiose between the i?ov- crnors and the sui>porters of the prineiple as to the man- ner in which it should be worked out."- In 1847, Lord Elgin was appointed goveriior-iroiieral, and received posi- tive instructions '* to act L^'enerally upon the advice of his .executive council, and to receive as members of that body those persons who mi^ht be pointed out to him as enti- tled to do so by their i)Ossessinu;" the conlidence of the assembly." ' No act of }nirliament was necessary to ellect this important chan<4"e ; the insertion and alteration of a lew paras^'raphs in the lyovernor's instru<'tions wen^ suffi- cient.' l)y 1848 the provinces of Canada, Nova Scotia, and New Ib'unswick ' were in the full enjoyment of the ' Tlie resoliilidiis, wliicli wtMc a.L'i'feil tn, weiv prupo-siMl by ]\Ir. Iluiri- >. Ill, then inoviiiciiil sei'iotary in tiu> Praper-l )i:iUmi ministry, in uineiid- infiit tn (itliers of tlie same pnrjMirt, propd.Sixl by .Mr. UaJilwin. The reen- lutvtn ijunted in thn (cxt was cari'iiMl by .■)() yvnn h> 7 nays; the otbe.ra passed witimnl division. Journals oi' A.ss., lS-11, pp. 4S0-S2, ■ Especially diirinjf tlii^ administration of liord .Motcalte (lS4;')-45), \vIio believed lie conld make appointments to ofliee without taking the advice nl' bis eomieil. Dent's Canada sini'e the Union, vol. i. chap. xvi. (iiey, (.'olonial I'olicy, vol. i. liUU-;i4 ; Addeiley, 'M. tSee also Colo- nial Hei.'., .')7. Jiord .lolm linssell was premier, and Earl Grey, colonial secretary, when J^ord Kl^'iu was ap{)ointed. Todd. Pari. (iov. in the (.'olonies, ."i-l-tJO. JJouiinot, ('anadian Studios in Comiiarutive I'olitics, sfi note. ' Mr. Merivale, iiuoted in Creasy's Constitutions of the Britannic Em- jiire, ''iS9. Lord .lohn llussell, in his instructions to Lord Sydenham, ex- jiressly stated that it was " impossible to reduce into the form of a posi- tive enactment, a constitutional principle of this nature." Journals of Assembly, 1841,1). 3!t2. ■' Earl Grey was colonial secretary in 1848, when the system was fully inau>:urated in the maritime provinces. E. Commons papers, 1847-4S, vol. 42, pp. 51 -8S. ! liiiiifi 82 I'ARLIAMENTAIIY IXSTITLTIOXS IN CAXADA. system of iself-governmeiit, which had been so long advo- cated by their ablest public men ; and the results have proved eminently favourable to their political as well a;.; material development. From 1841 to 1807, during which period the new <'on- stitutiou remained in force, many measures of a very im- portant character were passed by the legislature. The independence of parliament v»'^as effectually secured, and judges and olhcials prevented from sitting in cither house.' An elaborate system of municipal institutions was perfected in the course of a few years for Upp>.'r and Lower Canada. It had been proposed to make such a system a part of the constiiution of 1840," but the clauses on the subject were struck out of the bill during its pas- sage in the House of Commons, on the ground that su(^h a pundy local matter should be left to the new legisla- ture.' Lord Sydenham, who had very strong opinions on the subject, directed f^he attention of the legislature in the first session to the necessity of giving a more ex- tended application to the principles of local self-govern- ment, which already prevailed in the province of Upper C'anada ; and the result was the introdtiction and passage of a measure in that direction.' At this time there was already in fonx' an ordinance passed by the special cotin- cil to establish a municipal systi^m in Lower Canada — a measure which created much dissatisfaction in the pro- vince. Eventually the ordinance was revoked, and a system established in both provinces which met with ' Cliap. ii. s. S. ' Lord Dnrliam so proposed it, 11. I0'>. (Scropo's Life of Lord j^ydeii- Initn, 194.) Tiie address of the assembly of Upper Canada to tlie gover- nor-general in 1840 called attention to the necessity of introducing a .sys- teii\ into Lower Canada, in order to provide for local taxation. Christie, V. -Ml. ' Christie, v. U58. ' Introduced by 31 r. Harrison ; 4 ct 5 Vict., c. 10. h 11 UNION ACT, 18 W. 33 general approval.' This moasure demands special men- tion, even in this chapter, inasmuch as it has had a most valuable ellect in educating the mass of the peoplo in solf-g'overnment, besides relieving the legislature of a large amount of business, which can be more satisfac- torily disposed of in town or county organizations, as provided for by law. In fact, the municipal system of Canada lies at the very basis of it>4 parliamentary insti- tutions. Among the distinguishing features of the important legislation of this p(>riod was the passage of a measure which may be properly noticed here, since it disposed of a vexatious question which had arisen out of the provi- sions of the Constitutional Act of 1*791. It will be seen by reference to the summary given elsewhere of that act that it reserved certain lands for the support of a Protes- tant clergy. The Church of England always claimed tht' sole enjoyment of these lands, and in 1835, Sir John Colborne established a number of rectories which gave much offence to the other Protestant denominations, who had earnestly contended that these lands, under a strict interpretation of the law, belonged equally to all Protes- tants.- The Church of Scotland, however, was the only other religious body that ever received any advantage from these reserves. The Reform party in Upper Can- ada made this matter one of their pr'ncipal grievances, and in 1839 the legislature passed an act to dispose of the question, but it failed to receive the approval of the imperial authorities. It was not until 1853 that the British Parliament recognized the right of the Canadian 't ii ' See Bourinot's Local Government in Canada; Turcotte 1st Part, 97, 180; 2nd Part, 200, 384. Also, Cons. Stat, of Fppor Canada, c. 54; f.f Lower Canada, c. 24. - In fact, in 1840, tiie highest jndioiul authorities of England gave it as their opinion that the words "a Protestant clergy" in tlie act of 1791 iu- clnded other clergy than those of the Church of England. Mirror of P.. May 4, 1840. 3 ' 34 I>AIiLIAMJ:XTAnY IXSTITUTTOyS IX CANADA. l.'uislatnrc to dispose of the clcrg'y rosorves on the con- dition thai all vested rights were respected. In 1854, the Canadian legislature passed a measure making existing claims a first charge on the funds, and dividing the bol- auce among the s(n'eral municipalities in the province ac- cording to population. Consequently, so fnr as the act of 1701 attempted to establish a connexion between Church and State in Canada, it signally failed. ' Nor can the writer well leave out a briel" reference to the abolition of the seigniorial tenure, alter an existence of over two centuries, sinc(> the system deeply affected in many ways the social and political life of the French Canadian people. In the days of the French regime, this system had certain advantages in assisting settlement and promotinn- the comfort of the inhabitants ; but, as Lower Canada became filled up by a large population, this relic of feudal times became altogether unsuited to the condi- tion of the country, and it was finally decidinl to abolish it in the session of 1854.- It was during this period that the ^'anadian legislature dealt with the civil service, on whose character and ability so much depends in the working of parliamentary institutions. During the time when responsible govern- ment had no existence in Canada, the legislature had /«!: ' Soe Lord Durluim's K., ()(!, s;! ; Turcuttc, ii., Km, -M; ('.)n.s. Stat, of Canada, c. 25. Tlie nioasuiv of ISo-l (IS Vict., c. iM was in cliarjio of Attoriu'V-Geueral (now Sir .lolnii MaiHldnuUl, tiien a memliur of tho MacNab-Morin administration. Ia'j.'. Ass. .1. (ls.'i4-r)) i't3 it ^.q. • Mr. Drummoud, attorncy-ireneral in tiio MacNab-Morin administra- tion, introdnced the bill wini'b uecaino law. IS Vict., c. ;!. A bill in tlio .session of IS-'io bad betMi thrown vni by tlio leirislativc council. For historical account of this tennro spo Garncau i, chap, iii.; I'arknian's Old Ko.;:inie, chap, xv.; Turcotto, ii., Kll, 2();;, 234; Const. .Stat, of Lower Canada, chaj). xli. Theiuimber of fiefs at tlie tinio of the passage of the Act of l.S.")4, was ascertained to be 2J0, pos.sessed by biO fiigmurK, and about 72,000 rriili(ri>. The entire snperlicial area of these propel ties com- prised 12,822,50;! acres, about one-half of which was found under rental. Garnoau, i., 185. Report of Seigniorial Commission. r.XIOX ACT, ^sw. 35 virtually no coutrol over public ollicials in the ditfereut provinces, but their appointment rested with the home g-overnraent and the governors. In the appointments, Canadians were systematically ignored, or a selection made from particular classes, and the const^quence was the creation of a bureaucracy which exercised a large iuflu- eui't' in public allairs, and was at the same time inde- pendent of the popular branch. AVhen selt-government was entrusetd to the provinces, the British authorities declared that they had " no wish to make the provinces the resource lor patronage at home," but, on the contrary, were earnestly intent on *' giving to the talent and char- acter of leading persons in the colonies advantages similar to those which talent and character employed in the ]niblic service obtain in the United Kingdom." ' But at the same time the British government, speaking thrimgh the olhcial medium of the secretary of state for the colonies, always pressed on the Canadian authorities the necessity of giving permanency and stability to the public service, by retaining deserving public ollicers without reference to a change of administration.- The consequenc^e of observing this valiuibh' British principh' has been to create a large body of public servants, on whose ability and intelligence depends, in a large mea- sure, the easy working of the machinery of government. According as the sphere of govi'rnmen expanded, and the duties of administration became more complicated, it was found necessary to mature a system better adapt- ed to the public exigen(^ies. The first important mea- ' l.ur.l .Joliii K11S.S0II, 1830. Jounuils of Ass. U.C, Api». B.15. ■ Lord .lolin liiissell, ISoi). Aiip. B.B., Jour, of Ass., 1841. Earl Grey to IJeiit.-GovcMiior Harvey of Nova Scotia, 31 March, 1847. K. C'om. 1'. 1S47-4S, V(p1. A1, p. 77. In Nova Scotia, the advice of tiio British govern- ment was never practically followed, and public ollicers have been very frequently changed to meet the necessities of politicians. See despatch of the Duke of Newcastle to Governor Gordon, Feb. 21', 1802, New Bruns- wirk.Jour., 1802, p. 192. ^ i'iJ .'11.. 36 PARLIAMENTARY INSTITUTIONS IN CANADA. ■~ U 11 " 1 1 :, , i [ 1 I sure iu this direction was the bill of 1857, which has been followed by other legislation in the same direction of improving the machinery of administration.' But in no respect have w»; more forcible evidence of the change in the colonial policy of the imperial govern- ment than in the amendments that were eventually made in the Union Act of 1840. All those measures of reform for which Canadians had been struggling during nearly half a century, were at last granted. The control of the public revenues and the civil list had been a matter of serious dispute for years between the colonies and the parent state ; but, six years after the union, the legisla- ture obtained complete authority over ^he civil list, with the sanction of the imperial government, which gave up every claim to dispose of provincial moneys.- About the same time, the imperial government conceded to Canada the full control of the post-office, iu accordance with the wishes of the people as expressed in the legislature.' The last tariff framed by the Imperial Parliament for the British possessions iu North America was mentioned in ' Mr. Spenco, wlieu postinaster-goneral in tho Tache-MiicJoiialil ad- ministration, introduced the act of 1S57, appointinij; permanent depnly lieads and <;racles in tlie departmonts. '20 Vict., chap. 24. ("ons. Stat, of Canada, c. 11. See lieports of Civil Service Commission, presented to Canadian Parliament, 1880-81 and 188i', in wliich the present condition of the service is Ad ly set forth, Sess. I'ap., No. 113,(1880-81) and Sess. 1'., No. 32, (1882). In 1882, rarliament pas.sed an act to imi)rove the elii- ciency of the service (45 Vict., (-.4), which has been amended by later legislation. See Kev. Stat, of Canada, c. 1 7. -' Ss. 50 to 57, respecting consolidated revenue fund and charge-' there- on, and with the 8(!hedules therein refetved to, were repealed by the im- perial act 10 and 11 Vict., c. 71, and the provincial act [) \'ict., c. 114, was brought into force, and duly provided a i>ermanent Civil List in place of that arranged by tho imperial authorities. See Cons. Stat, of Canada, c. 10. ' See Speech of Lord Elgin, sess. of 1847, Journal of Ass., p. 7 ; Can. Stat, 13 and 14 Vict., c. 17, s. 2, and Cons. Stat., c. 31, s. 2, under author- ity of imperial act, 12 and 13 Vict, c. 60. to I'NIOX ACT, ISW. •->7 the speech at the opeuiug of the legislature in 1842,' aud uot long' after that time, Canada found herself, as well as the other provinces, completely free from imperial inter- ference in all matters affecting trade and commerce. In 1846. the British Colonies in America were authorized by an imperial statute - to reduce or repeal by their own leirislation duties imposed by imperial acts upon foreign goods imported from foreign countries into the colonies in question. Canada soon availed herself of this privi- lege, whicii was granted to her as the logical sequence of the free trade policy of G-reat Britain, and, from that time to the present, she has been enabled to legislate very freely with regard to her own commeriiial interests. In 1849, the Imperial Parliament, in response to addresses of the legislature, and memorials from boards of trade and merchants in Canada, repealed the navigation laws, aud allowed the river St. Lawrence to be used by ves- sels of all nations. ■ "With the repeal of those old laws, whicli had been lirst enacted in the days of the common- wealth to impede the commercial enterprise of the Dutch, Canadian trade and shipping received an additional im- pulse. No part of the constitution of 1840 gave greater offence to the French Canadian population than the (^lause re- ' Ass. .Tour., 184-J, p. 3. ■ Imp. Stat. !> uiul 10 \u\i,, c. lU. Todd, Pari. Gov. in the Colonies, 17(i- 80. Sec spcoi'li of Lo.d Kliiiii, 1S47, .lour. 7, in wliich lie vefors to tlie jinwer.trivon lotlio oolonial legislatures to repeal dillerential duties hereto- I'ore imposed by tlie colonies in favour of British produce. In response the leirislature passed, 10 and 11 Vict., c. 'M, the (irst measure necessary to jueti "the altered state of our colonial relations with the mother cfinntry." Speech of Speaker of A.s.senibly in pre.senting Supply Mill. Jour. :.'1S. L<.:_'. Ass.,T.(lS40),43,48,and App.C. ; Imp. Act,12and i:'. Vict.,c. 20,s. ."i The nioinoranduni of the Canadian jroverninent sets forth very (dearly that since it was no lon; f' ^i , 1 ' >.ry li i !- !a :#!:! : . I 88 PARLIAMENTARY IXSTfTUTIOXS fX CAXADA. strictin£T the use of" the French hmg-uag-e in the leyi^hi- ture. It was considered as a part of the policy, ibre.sha- dowed in Lord Durham's report,' to denationalize, il' pos- sible, the French Canadian province. The repeal of the clause in 1848 was one evidence of the harmonious opeva- tion of the union, and of the better feeling- lietween the two sections of the population." Still later, provision was made for an elective legislative council, so long and earnestly demanded by the old It^g-islature of Lower Can- ada. In 18")4 the Imperial Parliament passed, in re- sponse to an address oT the lei»'islative assembly, an act to empower the leo-islature to alter the constitution of the legislative^ council.' In 1856, the Canadian legislature passed a bill providing fov an electivi^ uppe- house ; tlie provini^e was divided into 48 electoral divisions, 'J4 ibr each section : twelve members w^'re to be elected every two years ; every councillor was to I'old real estate to the value of $8,000 within his electoral district. The mem- bers were only to remain in the <'Duncil ibr eight years, but could of course be re-elected. Existing members were allowed to retain their seats durinu' their lives.' The speaker was appointed by the Crown from the council until 1862, when he was elected by the members from ' " Widiout eU'ef'tiiiir the clianirfi so rapidly or so rouiilily as t(. .shock t!ie feelin,L'san(Uram{)lo on thn wclfaro oftlio exi.stiii>r L'i'ueration, if must henceforth lie the first and steady jmrpose of the Uritish ;_'overnnH'.nt to estahlisa an lOn^ili.sh population, with English la\v.s and laiij^'uaL'e, in tiiis province, and to trust its u'overnnient to none l)Ut adeeidedlv Kii-rli.sh le_'- islatiire." T. 110, ,t .^r,,. ■-■ .<< ee eiiap. v. S. 5, lufni. •Leg. Ass. J. (]8r)3), !M4; Imp. .\ct, 17 and is Vict., c. lis. In the conrso of the debate the Duke of Newcastle said : " The jiroper cour.se to pursue was to le^'islate no moieforthe colonies than we could po.ssibly help; indeed, he believed that the only h'^rislation now re(juired fV.r the colonies consisted in undoin.ir the iiad le;.'islation of former years." i;;4 E. Han.s. (3) !.-)!>. See L'-' and 2;] NMct., c. 10, Imp. Stat, with "reference to sf)eakerof L. (\ ' JOandl'OVict., c 140; Cohh. Stat, of Canada, c. 1. My. Cauclion, commissioner of Crown J.ands, in the .MacNab-Tache administration, in- troduced the bill in the asseniblv. ft ! FEDKIIAL UNION nP I'lIK PliOYINCKS. 80 among' ilicir own number.' Tin' lirHt election ol' coun- cillors undiM- the new art took plao(! in the .summer of l8r)G. VI. Federal Union of the Provinces.— The union between Uppor and Lower Canada la.sted until 1807, when the pro\iuee,s of BrilLsh North America were brought more ilo.sely together in a federation and entered on a new era in their constitutional liistory. For many years previous lo 1865, the administration of government in Canada htid become surrounded with political dillieulties of a very perplexing character. The union had not at first been viewed with I'avour by the majority of the Frenc^h Can- adians who reg-arded it as a scheme to anglicize their proviui-e in the course of time. Oue of their grievance.s - was* the fact that the act gave to each province the same representation in the legislature, though Lower Canada had in 1840 the greater population.' But the large immi- gration that ilowed into Upper Canada for many years after the union soon gavt; the preponderance of population to that province, where in the course of no long time a demand was made lor a repre!sv;ntation in the legislature ' (.'an. Slut, 1';; Vict., c. :•>, ii'iiealetl .s. L'd (if l!»anii L'e Vict., c 1-!U. Tin- act iiiade al-o jiruvisiou I'or .supply ing the place ol" the speaker in ca.se of liis Ix'.iiijj; olili}.'Oil to leuvo tliG chair from iHnc.s.s, \-c. 'riie lir-t i'liM;ti()U took place in 1S(>L', .March I'O, v '.leii Sir Allan McNah \va.s chosen siK>aker. - See atUlu.cSS of Mr. liafontaii'". (, furcotte, 1. IR»), in which lie laid lief )re the electors of Torrobonuo his op nion as to the injusti(;e of the Union Act : " L'union est un acte iriii|'",-ti;'<; 't de. despotisine <'n ce ipi'elk'. nutis est iinposee .sai;s notro consente.nien ; en (enn'elle pi'ive le r>as-< 'anada du iiomhnf leixitinie do ses r'.';>re.se)itants, eti-." '■ In iS3!i, liord Dnriiani :_'ave the i ipulation of Upper Canada at 400,000, and that of Lower Canada at t)0(i,O0(), of whom 4.")0,0iiO were l>ench. The (Census comi)ilcr of 1S70 i;ives the i)opulation of l'i>per Canada in 1S40, at 4n'.',l.")!); of Nova Scotia, in 18:1S, 'KYlJilT^; of New Brnnswick. in lS4*i, l.')i),l(»'J; of As.sinil)oia, 7,704; of Prince Ivlward I.«land, 47,04li in 1S41, No liixures are ixiven for JiOwer Canada in 1S40, hut we lind the nnmlier was <)!)7,OS4 in 1844. The (l<:>ires {riven by Lunl Hurhan; were as accurate as thev could be made at the time. ( I \t-\w 'ill 40 PARLIAMENTAJiY INSTITUTIONS IN CANADA. aocordiiig to the population. This demand was ah\i>ys strenuously resisted by the Lower Canadian representa- tives as unjust in view of the conditions under which they entered the union. The a(;t itself afforded them sullicient protection inasmuch as it embodied the proviso ' that the gOA'ernor could not assent to any bill of the legislature to alter the representation, unless it should have been passed with the concurrence of two-thirds of the members in each house. This clause was, however, suddenly repealed by the imperial act of 18 ')4, empowering the legislature to alter the constitution of the legislative council, but no practical result ever followed in respect to the representa- tion. - Tt is interesting to note that one of the expedients by which it was hoped to arrange the political conflict be- tween the two sections was the principle of a double majority. In the course of the first decade after the union, prominent public men laid it down as necessary to the harmonious operation of the constitittion, that no admin- istration ought to continue in power unless it w^as sup- ported by a majority from each section of the united pro- vinces. ■ As a matter of justice, it was urged, no measure touching the interests of a particular province should be passed, except with the con.sent of a majority of ' 3 and 4 Vict., c. So, .s. 2V>. This olaiKse was added to the bill by tl:e Briti.<3li ministry to protect tlic I'rench Canadian reprosontatlon. (rar- ncan, ii. KSO. -17 and IS \'iet., c. lbs, s. ."i. The loj^iHlatnie bad never askeil an amendment in this direction, and the history of the repeal is a mystery- Garnean, in the edition of IS,")'.', accnsed Sir Francis Ilincks of havin'^ been the inspirinir cause; but in a i)anipblet published in bS77, tlie latter denied it most emphatically. In a sul>se(inent edition, the onus of the chanj:o is placed on Mr. Henry .lolm Boulton.a member of the legislative assendiiy, who was in En.L'Iand in 1854, about the same time as Sir K Hincks. (Jarnean (ed. of 1881.'), iii., L'75, :;7(i. In 1854, the total number of representatives in the a-ssembly was loO, Of) from each province. 1»> Vict., c. 152. ■ ^Messrs. Lafontaine and Caron to Mr. Draper, 1S4."). Turcotte i., I'O-'-lO. FEDERAL UyrO.\ OF THE I'liOVrXCEs. 41 its r«'pres«'iitatives.' The principle had more or less re- coiruition in the government and legislature ul'ter 184s.- The very formation of the ministry, in whiih each pro- vince was equally represented, was an acknowledgment of the prin. See re- marks fif Sir Jolm A. Mai'donald, Conleileratien Dcbate-s, I!0. See re.soliUioii moved hy .Mr. (now Sir Hector) I.an;;eviii, lUlhof May, ] ^os. See amemlinent moved l»y Mr. ('auclion to Y. Tliibandeau's motion, .lour. A.ss. (1S,").S) 14."),.S7(>. Also ///. (18.">(i). huV,. ■ Mr. J. Sandtiold Macilnnald was ahvay.s one of its warmest supporters, on thf trronnd that it diil away witii iSh; nec(«sity of a cIuiu'.'b in the representation, a.s advooated by Mr. Brown and his followers from Upjier Canada; l)ut he virtually }:ave it up on the separate school (inestion in l>(i;>, when a majority of the representatives of his own provineo pro- III 'nnie.I. lh<' voto of one luomhtM- mig-lit dm-idc Ihc I'iitc ol' !iii nd- miuistrutioii, tind the counso of Icgisliitiou Ibv a y.-iir or ,s«'ri('s ol" years. From the 21st of May, ISCi, to ill.' .'iid of Juno, 1804, there wore no less than live diUen'iit luinis- tri<'s in charge of the i)ul)li(^ business.' Legislation, in fact, was at last praeticidly at a dead-lock, and it hecame an absolute political necessity to arriA'e at a practical solution ofdilliculties, which appeared to assume more gravity with the progress of events. It was at this critical junctur.' of affairs that the leaders of the government and opposi- tion, in the session of 18^)4, came to a mutual understand- ing, after the most mature consideration of I he whole question, A coalition u'ovcrnment was formed on the basis of a ledt^ral union of all the liritish American pro- vinces, or of the two Cauadas, in case of the I'ailure of the larger scheme.- The union of the i>rovin("es had been dis- cussed more than once in the legislatures of l>ritish North America since the appearance ol' Lord JJurham's report, in which it was urged with great force that "it would enable the provinces to co-operate for all common pur- poses, and above all, it would form a great and powerful people, possessing the means of securing good and re- sponsible government for itself, and which, under the pro- tection of the British l^upire, might, in some measure, counterbalance the preponderant and incri'asing inlluen( e of the United States on the vVmorican contiiu'ut."' Lord Durham even went so far as to recommend that the " bill should contain provisions by which any or all of the othi-r North American colonies may, on the application of the legislature, be, with the consent of the two Canadas or their united legislature, admitted into the union on such ' .Sir .). A. :\Iac(lniKiUl. Con. i>ob.. I'tl; Sir !•;. !'. 'I'aclii', //-. '.t. -Sir J. A. ."Macdniiald, Cdiif. Dob., L'(»-27. "Tlio o]. position ami ,.;ov- erninent loaders arriin^od a iar^^er and a siiiaiier scIibmic; if the larger failed, tlioii tlwy were to fall back upon the minor, which provided for a federation of tiie two sections of tlie province." Sir E. 1*. TacduS Hi. !*. Fi:i)i:iLiL rxioN of the VA'^r/Ar/x 48 it m terms as may be ancn'^-'l 'J'l hctwi'cii thcin." ' Tlu^ oxpi^di- (mcy of a union was mado a part of tho proij^ramnic^ of Iho Cartier-Miudonald i^ovtM-nmcnt in IS.58, and expnvssly iv- lerrcd to in tlx- i^ovt'vnor's spooch nt thr of lli»^ ses- sion ; " but no i^ractical result was over rea(h<'d until the political necessities ol' the provinces I'oreed them to tak*^ up the <|ti<^stion and brini!,' it to a satislantory issue. It was a happy coincidence that tiie U^if-islatures of the lower provinces were about considtn'mii,- a mar i time union at the time the leadintr statesmen of Canada had com- bined to mature a plan of settlinti^ their political dilli'-ul- ties. The Canadian mini try at once availed themselves of this fact to meet the maritime delegates at their con- vention in Charlottetown, and the result was tin* decision to consider the question of the larger union at Quebec. Accordingly, on the 10th of October, 18»)4, delegates irom all the British North American provinces assem- bled in conference, in " the ancient «apital,'' and aftt-r very ample deliberations during eighteen days, agreed to seventy 'wo resolutions, which form the basis of the Act of Union.' These resolutions were formally sub- ' ]{(']). !!<)-l.'l. JIc iint'cnvd ii le;:isliitivo union. Seo tor viiriou.s st'lionie.s of union, I'.rytnnor'.s report on ( 'iiniidirtn ari'hlvcs for iS'.td, pp. 'J3-24. ■ Colli'. I)(!l.., Sir : CJray, Cdiilcileiatiou of Canachi, vol. i. ; Tnrcotte ii., Tils ,')9; ( "onfederat ion Pehates, ISfif), esjiecially speeclics of Sir K. !'. Tache, Sir .1. A. Macdonald, Sir (I. K. (.'artier, Hon. (ieo. IWown and Sir .\. Cauipliell. Canada was repre.sented by J'J dele.;_'atP8, (i for eacli pro- vince, New lirnnswii'U hy 7- Nova Scotia by f), 1*. K. Island by 7, and Newfoundland by -; each province iiad a vote, and llu^ lonveiition sat with closed doors. Tiie deiejiates : Canada, Sir K. I\ Tache, Messrs. .1., A. ]\Iacdonald, Cartier, Urown, Cialt, Campbell, Chapais, Mc(iee, ]>an^e- vin, Mowat, McDoupilland Cockburii. Nova Scotia, ^Messrs. Tupper, Henry, McCuUy, ArchihaUl and Diikey. Now Uruiiswick, Messrs. Til- mi T 44 PAIiUAMIlNTAHY IS.STmJTIoSS IN CANADA. ' .'? ■•fl 1 ■'■ i; ■ 4 mittod to tho loiiislaturc of Caiiadii in .Tannary, l!^»)'), and aftor an clahornte debat*^ which t'xtt'udt'd ironi th<' 8rd orFt'bruary to the 14th ol" March, both houses aiifroed by very lariyc injijovitics to an address to her Majesty prayini? hor to submit a uu r.siir.j to the Imperial Parlia- ment "lor the purpo.se oi' unitinii;- the provinces in a<'- cordance with the provisions ol" the Queln-c resolutions." ' Some time, however, had to elapse bel'ore the union rould be con.summatt'd, inconsequence of the stroni»" op- position that very soon exhibited itsell" in the maritime provinces, more especially to tho financial terms oI' the scheme. In New Brunswick, there were two i^'eneral elections durinu- IStjoand 18(JiI, the latter of which resul- ted in the return of a lei>islature favourable to union, and iinally to the adoption of the measur(\ The question was nev<'r submitted to the people at the polls in Nova Scotia, but the legislature eventually, after months of hesitation, agreed to the union, in view of the facts that it was strongly approved by the imperial government as in the interests of the Empire, that both Canada and New I>runswick had given their consent, and that it w^as pro- posed to make such changes in the terms as would be more favourable to the interes of the maritime provin- ces. The result of the action of the two provinces in question was another conference at London in the fall of 18G6, when a few chanifes were made in the direction of ley, Mitchell, Ki.slier, Sfeeve.s, (Jray, Cliandlcr iiiul .Ii hii.soii. P. K. I.s- laiul, Messrs. (iiiiy, Coles, Hiivilaiui, I'liliiiiT, Macdonalil, Wlialeii a u Pope. >'(!\vf()Mn(ilaiKl, Messrs. .Slieu and < arter. ' The address was a^'reed to in lliii le^rislativo eoiincil by -I.") contents to 1.') non-eoiuents. .lour. ll^(J.3, 1st se.ss. i, 130; in tlie assembly l)y !tl yeas to :« nays, .lour., li)l'-;i ■ (•onfelly in the liiuiiKial iorms, and without disluroiii^' tho important leaturos of tho Qufhcc rt'solutions, to wiiich Canada had already plcdi^od horsell' in the session of 1H05.' Tho ])rovin(('8 of Canada. Nova Scotia and New IJrunswick, bcinii' at hist in lull accord, throui»'h the action of their respective lejrisliiturt^s, the ], Ian of union was subniilted on the 1:21 h of February, ]S()7, to thti Imperial Parliiiment, where it met with tho warm support of the statesnuMi of all parties, and passed without amiMidment in the course of a few weeks, tht^ royal assent being mivenon the2lMh of March.- The now constitution came into force on the first of July, 1807, and the iirst parliament of the united provinces met on November of the same year — the act requirini^ it to as- semble not later than six months after the union.' The confederation, as inaugurated in 1867, consisted oidy of the four provinces of Ontario, Quebec, Nova Scotia and New Brunswick. ' By the 146th section of tln« Act of Union, provision was made lor the admission of other colo- nies on addresses from the parliament of Canada, and from the respective legislatures ot Newfoundland, Prince Ed- ' Tlu! Westininiiter l'al;u;e ('ouforemo was lii'ltl iu l.ondon, in Decein- l)cr, 18()(l, und tlio result was tlie Union Ai't of IStiT. Imp. Act .^)l> and ni Vict., ('. 3. 'An Act for the Union of Canada, Nova Si'otiu and ^'e\v Brnnswiciv, and tho j^overnnient tliert'of, and lor purposes connecied tiiorewitli." J.urd Carnarvon, tlion secretary of state for the colonies, had c^iiargo of tho nioa.sure in the Lords. Mr. Adderloy, under-secretary in the Conimoiis. IS,") E. Hans 3 (Lords), 557, 804, 1011 ; (Commons) 11()4, LJIO, 17()1. ' Her Majesty's i>roclaniation, givinjr efFec^t to the Union Act was is- sued on the 2l.'nd jMay, l.S(]7, declaring that on and after tho 1st July, 1S(!7, tiie provinces of Canada, Nova Scotia and New Brunswick shall form and be one Dominion, under the name of Canada. The proclamation also contained names of first senators. .Tour. House of Commons of Can- ada, v-vi. U. N. A. Act, 1S()7, ss. 3 and 25. Lord Monck was the lir.*t <.'Overnor-t;eneral of the Dominion. Com. Jour. (18t)7-8), vii. Parliament met on the 7th November, and Hon. J.Cockburn was elected first speaker of tlie Commons. Hon. J. Cauchon was first speaker of the Senate. ' Sec. I'J. ■S8.5-7. i I!' III hi' ff II li II 46 PAIUJAMENTARY ISSTITl'TIOSS IX CANADA. ward Island, and British Columbia. liuport'.s Land and tht> Northwest Territory niig-ht also at any time be admit- ted into the union on the address of the Canadian Parlia- ment. The acquisition oi" the Northwest Territory had been lor years the desire ot the people of Canada, and was the subject of consultation with the imperial ^i^overnmeut in ISOo, when Canadian delegates went to Eng-land.' During' the [irst session ot the parliament of Canada, an address was adopted praying her Majesty to unite Rupert's Land and the Northwest Territory to the dominion. - This address received a favourable response, but it was found nt'cessary in the iirst place to obtain from the Im- perial Parliament authority to transfer to Canada the ter- ritory in question. An act was passinl in the month of July, 18t)8,' and in accordance with its provisions, nego- tiations took place between C'anadian delegates and the Hudson's Bay Company for the surrender of the North- west to the Dominion. An agreement was linally arrived at lor the payment of e€oOO,000 sterling on condition ot the surrender of Rupert's Land to the dominion — certain lands and privileges at the same time being reserved to the company. The terms were approved by the Cana- dian Parliament in the session of 1800,' and an act at once passed lor the temporary governmcut of Rupert's Land and the Northwest Territories whom united with Canada.' ' Ltv. A,ss8inl)Iy .T., 18(15, L'm.l .sess., 12'13. For juiikm-s on tlie suhjcvtt of the lUMiiii.'iitiun of llic territory, see ('an. Sess. I'., 18()7-8, No. 1!), und p. 'iiSl of .loiirnals. - Can. Com. J. (18(57-8), (57. • Imp. Stat., -51 antl \V1 Vict., c 105 (Can. Stat for 18C9), entitled "An act for enablinsr lior IMajesty to accept tiio surrender upon terms of tlie lanils, priviioi,'as and ritrhts of tlie <;overnor and cempany of adventnrore of KuL'land tradini^ into Ili-.dson's Bay, and for admitting tlio same into the domi)iion of Canada." * Can. Com. .F., (18(1!)), 140-5(), in which tho ne^rotiations for tiie transfer are .«et fortii in tiie address to lier Majesty, a(!Copting the tarms of agree- ment for tlie surrender of tho territory. ■' Can. Stat, iii' and 31! Vict, -ood govern- ment in the Northwest Territories. In the autumn of lSfi(> an order in council was passed appointing- the lirst lieutenant-governor cf the territories, but the outbreak of ;in insurrection among the Fn^ich half-breeds prevented the former ever exercising his executive functions. ' It was u<){ until the apjiearance of an armed force in thi'countrv ill the iall of 1«70 that the remnant of tin; insurgents lied trom the territory ; but. during th twelve months that preceded, means had been taken by the Canadian autho- rities to arrange terms on which the people of the Red llivi'V niiglit enter confederation. In the session of 1870, the Canadian parliament passed an act- to establish and provide for the government of Manitoba — a new province tormed out of the Northwest Territory, to which was given n'presentatien in the Senate and House of Com- mons. Provision was also made for a local or provincial government on the same basis as <'xisted in the older provinces. On the oOth of .luni', 1870, by an imperial order-in-council,' it was declared that after the loth of July, 1870, the Northwest Territory ami Uupert's Land should form part of the d. N. .\. Act, ISO? ; ('ana>ia Stat. I87L', p. 1.x iii. • Annnul Ue^rister, 1878, pp. IS-li). •' Can. Com. J. (1871 ), 154, 1'l'l, '2-2G. (.)"'•>■ three members were retmueil ; a mm 1 «l i 48 PARLlAMEXTAnV IXSTITUTIOyS L\ CAi\ADA. senators ill tho session of 1872.' When we come to Lituoui'y liein^' reiiui.site on utcount oi' a tic. Jour. 152. 'Sen. J. (1872), IS. ■Can. Com. .1. (1871), 1'j:',-'.>'A ; I'arl. Dol... 1S71. ("an. Stat, for 187:.', Ix.wiv. AL'^o, as to i>rei)aratory sto^w, ( an. 8esH. I'tip., No. •">',», 18«>7-8, pj>. 3-7. ■ Stin. J. (1872) 18 ; Com. .1. 1 1S72) 1. Tt»e efeftions for the ( 'onanoiis were held in accordance witii 'M Vict, c. 20, ' Can. Com. J. (J 873) 101-403. FEDERAL UNION OF THE PROVINCES. 49 certain acts should como into ibrce in the province as soon as it was imitcd to Canada.' By an imperial order- iu-council, it was declared that from alnd after the first of July, 1873, the colony should form part of the dominion.- The members for the two houses took their seats for the first time during the second session of 1873.' Newfoundland was also represented at the Quebec con- vention of 18<>4, but the general elections of 1865 resulted adversely to thf union.' Subsequently the House of Com- mons, in the session of 18G9, went into committee on • ertain resoluti* proA'iding- I'or the admission of New- loundland, and .n address was passed in accordance tlierevvilh. The union was to take effect on such day as " her Miijesty by order in eouncil, on an address to that ellect, in terms of the 14(Ith section of the British North America Act, 18G7, may direct ; " ' but the legislature of Newfoundland has so la; refused to sanction the ueces- fr^ary address. In response to an address of the parliament of Canada, in the session of 1878, an imperial order-in-council was passed on the olst of July, 1880, declaring that "from and after the 1st of Septembi'r, 1880, all British territories and possessions in North America, not already included within the dom'nion of Canada, and all islands adjacent to any of such territorie- or possessions shall (with the exception of the colony ol "Newfoundland and its depend- encies) become and be annexed to and form part of the said dominion of Canada; and beconn> and be subject to the laws, for the tim^- being in force in the said dominion, in so far as such laws may be applicable thereto." This order-in-council w^as considered necessary to remove ' :)6 Vict, c. 40. • Can. Stat, for 187:!, j). ix. ' .Sen. .1. 1873, -lul ^eiisiou, ' Turcotte ii., •'•tiU, (an. (.om- J. i»t6»), 221. 4 ' om. .)., Jlj. 24. i ' '-ti ' 1 Am fn;'U *b x4 50 PAIUJAME^TARY INSTITUTIONS IN CANADA. doubts that existed regarding the northerly and north- easterly boundaries of the Northwest Territories and Kupert's Land, transferred to Canada by order of council of the 28rd of June, 1870. and to pla.e beyond question the right of Canada to all of l^ritish North America, with the exception of Newfoundland.' VII. Constitution of the General Government and Parliament.— The Dominion - of Canada has, therefore, been extended since ISfJt over all the British pos.session.s between the Atlantic and Paciiic oceans to the north of the United j^tates — the territory under the jurisdiction of the New- foundland government alone excepted. The seven pro- "inces cmbrat>ed within this va.st area of territory are united in af(^deral union, the terms of which have been arranged on " principles just to the several provinces." In order " to protect the diversified interests of the several provin(;es, and secure etficiency, harmony, and permanency in th> working of the union," the system of government as set forth in the act of 1867, combines in the first place a general government, " charged with mat- ters of common interest to the whole «'Ouutry," and local governments for each «>f the provinces, " charged with the control of local m:iners in their respective sections." With a view to the perpetuation of our connection with the mother country, and th«* promotion of the best interests ' (an. Com. .1. (18781, L'5()-7 ; <"an. Stat. 1881, p. ix, Order-in-Cduncil. " ( an. Hans. ( 1 878 ), SMi. (Mr. >I ills. ) TIk^ title (if Ddminidii (s. 8, of li.N.A. Act of lS(i7l, did not a{)iK>ar in the <^iel)e(! resolution''- The 71 si res. is to tlie elfeit that " her INIajesty be solieited to determine tlie rank and name of tlie fech-rated iiroviiu'es." See remarks of Hir .1. A. .Macdonald, Confeil. Del)., 4;!. Tlie name wa."* arranged at the conference held in London in ISdt;, when the union hill vas liiudly drafted. This was not the lirst tilll(^ the title was a|)i>lied to Canada; we lind in the adilress of the old « >lonies a.s.send)led at Phila- delphia, 1774, strong' ohjection taken to the act of 1774, by which "the dominion of Canada ie to be so extended, niot ^r for 1878, pp. 255-7. The oath of office is given in same account of ceremonies on that occasion. W m "4 nn 52 PARUAMESTARY INSTITUTIONS IN CANADA. In view of the larger measure of seli'-governmeiit coii- ct'ded to the dominion of Canada by the imperial legisla- tion of 18(i7 — in itself but the natural sequenee of the new colonial policy inaugurated in 1840— the letters-patent a)id instructions, which accompanied the commission given to the governor-general in 1878, have been modified and altered in certain material features. Th<^ measure of power now exercised by the government and parliament of Canada is not merely " relatively greater than that now enjoyed by other colonies of the empire, but absolutely more than had been previously intrusted to Canada itself, during the administration of any ibrmer governor-gen- eral." ' "Without entering at lenyth into this question, it is sufiiinent for pr»'sent purposes to notice that the governor-general is authorized, among other things, to exercise all powers lawfully belonging to the queen, with resi^ect to the summoning, proroguing or dissolving of parliament ;- to administer the oaths of allegiance and office;' to transmit to th(^ imperial government copies of all laws assented to by him or reserved for the signification of the royal assent;' to administer the prerogative of pardon ; ' to appoint all ministers of state, judges, and other publii; officers, and to remove or suspend them for sulHcient cause.' He may also appoint a deputy or deputies to exercise certain of his powers and funi^tions." ' The modifications in tliese oHiclal instruments were the result of the mission of Mr. Blake, wliil.st minister of justice, to England in ISTfi. Tor full information on this suhjec't, see Todd 7(i, et i>i:q., and Can. hfess., P. (1R77), No. 13 ; also diapter xviii. on l)ills, s. L'5. For royal commission, letters-patent, and instructions to the Marquis of Lome, Sess. P. (1S79), No. 14; to Lord Monck, Sess. P. (18G7-S), No. 22; also to Lord Dutlerin, Can. Com. J. (1873),85. -' Letters-patent, 1878, s. 5. ' Instructions, 1878, s. 2. * lb. 8. 4. ■' II). a. 5. See Todd, 270. '' Letters-patent) s.h. 3, 4. ' lb. a. 6 ; also B. N. Act, 1867, s. 14; See chapter iii., s. 2, for api)oiut- ment of deputy-governors since 1840. CONSTITUTIOS OF THE GENERAL OOVERNMEXT. o3 He may not leave the dominion upon any preteuco what- soever without having first obtained permission to do so through one of the principal secretaries of state' In ease of the death, incapacity, removal " or absence from Canada of the governor-general, his powers are vested in a lieu- teu ant-governor or administrator appointed by the queen, under the royal sign-manual ; or, if no such appointment has been made, in the senior officer in command of the imperial troops in the dominion. The administrator must .iLso be formally sworn, as in the case of the governor- u-eneral.' The senior executive councillor frequently adminis- tt^red the government in the absence of the governor- general before the union of 1840.' But whenever the lieutenant-governor was in the (>ountry, during the period in question, it was his duty to administer the government.' Since 1840, in the old province of Canada, and in the dominion, the government has been adminis- tered in th(^ absence of the governor-general by the senior officer in command of the imperial troops in accordance with the letters-patent issued by the Crown." ' Instructions, a. (j. ■Jl is iilwiiys cornpettiiit f(jr tho imperial jrovernment to roiuove the •jovoriiiirs of colonies, who an* appointcnl diirin'jr j)Ioa8iire. Soe meinoralile ca!«e of Ciovernor Darlinj; of Victoria. Kng. Com. P. IStiti. vol. 1., 701 ; To(l- tio i., l'.")f). On the death of the iHike of Richmond, in 1819, the ?^'overn- ment devolved on Mr. Monk, as senior executive councillor. Cliristie ii.,:52l'. General I'rcscott on departure of Lord Dorchester in 17i)(), Christie i., 17:',; Sir H. Shore Milnes in 17!»0, fh. 203; Sir F. Burton in 1824, i6.,iii., .'■)o. No such ollicial now exists in the dominion, the functions of tlie pre- sent lieutenant-governors boinj? coniined to the provinces to which they are appointed- "In 1841, Sir R. D. .lacksou; 1845, Lord Cathcart; 1853, Lieut-Gen. Rowan ; 1857, Sir W. Eyre ; 1800, Lieut.-Gen. Williams; 18(i5,Lieut.-Gen. Mi i !■! ik I 54 PARIJAMKNTARY INsriTVTIOSS IN CANADA. i|j Tho constitution provides lor the appointment ol' a council to aid and advise the representative of the sov- eveii»'n in the i^overnment ol" Canada. This body is styled the Queen's Privy Council, and its members are thoM'n and may be removed at any time by the governor-g-ene- ral.' In accordame with the principles of the British constitutional system, this council represents the views of the majority of the people's representatives in parlia- ment, and can only hold olfioe as long- as its members retain the «onliden«(> of the House of Commons. The name cho.sen for this important body has been borrowed from that ancient institution of England, which so long discharged the functions of advising the supreme execu- tive of th<' kingdom in the govi'rnment of the country. - Since the revolution of 1G8S, the privy council of Eng- land has had no longer the direction of public a Hairs, though it has .still an existence as an honorary body, limited in numbers, only liable to be convened on special occasions, and only in theory an assembly of state ad- visers.' The system which has grown up in England since 1088, and which has obtained its most perfect re- alization during the past half century, now entrusts tin' practical discharge of the functions of government to a cabinet council, which is technically a committee of the privy council.' This cabinet is the ruling part of the ministry or administration. The term " ministry '" pro- perly includes all the ministers, but of these only a select number — usually about twelve, but liable to variation from time to time even in the same administration — con- i ii Michel; 1874, .Major-Gon.O'Urady Hiily; 1S78, 1881-2, anil 1882-3, Sir P. L. McDou>?ail. See Omada GaziW, Dec. :I0, 1882. ' B. N. A. M'i, 1807,8. 11. - JUm-kstoneVs Com. i., 229-234. ' Todd, Pari. Gov. in Enjiland, ii., 79. ' Todd ii.,179. Tlie cabinot council or ministry who hold tho prim-i- )ial offices of state, are first sworn in as privy councillors. May ii., "'.>. Macaulay, c. 20. |5 " IK; foysriTCTioy of the (iexkual aovEnyMnxr. i)-) istitult' tht' iunor council of the Crown and incur the higher rosponsibilitios whilst they exercise the higher powers ol' government. The rest oi" the ministry, although closely connected with their brethren in the cabinet, oc- cupy a secondary and subordinatt? position.' In Canada, however, there is as yet no such distinction ; i'or the term " ministry " or " cabinet" has been indiil'erently applied to those members of the privy « ouncil who mii>ht be summoned by the governor-general to aid and advise him in the government of the dominion. But in the session of IH87 an act was passed with the view of in- itiating the English system of having political heads of departments, who will commence their ollicial career by holding certain ollices which will not necessarily give I hem a position in the cabinet.- The principles that pre- vail in the formation of a cabinet in England obtain in the case of an administration in Canada. Its memb*'rs must have places in either house of parliament, but the majority should, and necessarily do, sit in the com- mons. In the old province of Canada, the cabinet was always known ollicially as the executive council.' In ISi;."). this body comprised in all twelve members, six from each province ; two attorneys-general, two solicitors-general, a receiver-general (also minister of militia), minister of finance, commissioner of (;rown lands, minister of agri- ' Taswell-Lsinjiiiioad, Cons. Hist., 707. And not only is tlie oxi.stence (if tlie cabinet coum-il unknown to the law, l>nt tlio very names of tiie in- dividuals who may coinprise the same at any f^iven poriod are m-vt^r olli- cially communicated to tlie publii'. Tim London dazitlr announces that the queen has been pleased to appoint certain j)rivy councillors to till certain hijrh ollices of state, but the fact of their havinjj been called to seats in the cabinet councril is not formally promnl;.Mted. Todd ii., KSl. ■ Remarks of Sir J. A. MacdonaM on the department of trade ami commerce, Com. Hans. [12, 80:5. See infra, 59. Up to the i)resent time (April IS'.U), no steps have been taken to give effect to the law on the statute book. ' Can. Cons. Stat., 168, IGU. 1 im M T' Bi 'tj ■ i ,; t ' '' tfil. 6a PAi:LIAMi:srAUY ISsTITI'TIONS is CAS ADA. culturt' and statistics, commissioiuT of ])ublic works, prosidoiit of council, provincial .secretary, and post-mas- tcr-^vnoral' In all the provinces of the dominion, the official body advising- the liouttMiant-g-overnor is still au- thoritatively rccoanizcd as the executive council. ' In 1807, a new ministry of thirteen members was formed under the legal title of the privy council of Can- ada, in which it was found <'xpedient to consider the claims of the several provinces of the dominion to repre- sentation \n the first cabinet. According-ly, Ontario had five representatives in the privy council : Quebec, four, one of them a represtMitativeof the Eni^lish section of the population ; Nova Scotia, two ; New Brunswick two. The di'partments were reorganized, and new ones estab- lished, to meet the changed condition^ of things. The privy council was compcsed of the foi wing minister.-; : ' minister of justice and attoruey-gencral,' minister of mili- tia,' minister of customs,' minister of llnance," minister of public works,^ minister of inland revenue," minister of marine and lisheries,"' postmaster-general," minister of ' Cotifod. I>tihjittis, lS(io, !>• vii. Sir F^. T. Tadit' wns tli^ premier of ll;p Tac'lk'-.MiK^iloiiiilil ministry, and lu'ld two nllices, ro('oiv('r-;.'iMR!ral and minister of luilitia. - B. N. A. Act, IS(i7, S..S. (j;>, (i4; 4.') Vict., ^■. L', Qm»l)oc Stat. ; v. V.\, (h\\.. Rev. Stat. ; Man. Cons. Stat., c (i; :;:'. Vict., c. :'., s. 7, Can. Stat. ; Dritisii Colnni. Cona. Stat., c. 4. s.s. :.', ;i ; !'. E. Island, Doui. Stat., 1S7;5, p. xii. •^Annual lU'i-'ister, 1S78, pp. !)-10; ('inudn Guzelk. Tlieir salaries and designation are .irivou in ."Jl Vict., c. ;;.{, sci.ednle. Salaries ol' ininisteLS wero.-ui)se(piently increa.sed l>y .".1 Vict., c. :;i, s. '_'. • Functions of department set fortli in oi N'ict., c I!'.'. ■ 31 Vict., c. 40. '■ 31 Vict., c. 4:). ' 31 Vict., c. .r> ; 32-;!3 Vict., c. 4, and other acts n(latinJ public works to that ( f marine and fisheries. 40 Vict., c. 17. "31 Vict., c. 10; 38 Vict., c. 7. coysTiruTiox of tiii: hkseual aovEitsMnsr. o« acrricultuTo, ' secretary ol' state of Canada, ' recriver-g'<'U- eral, ' secretary of state lor the provinces, \)resident of tin* privy (Oiiucil. ' In 18T'». on a I'lianu'' of government, the number of ministers ^v;, increased to fourteen, two of them without portfolios, but by sul)sequei\t rearrange- ment the number was reduced to thirteen as before, and P. E. Ishmd, WW a part of the eonfederation, was repre- sented bv one member in the cabinet. On two occasions sinee 1878, the speaker of (lie iSenat»> received a seat iu the council, thouuh without portfolio," and the number of members ol" government was consequently increased again to fourteen. Sinci- iMiT, several changes have taken place iu the organization of the departments. In l^to, the office of secretary of state for the provinces was abolished, and t department of the interior organized, with the control uud managemi'nt of Indian allairs. dominion lands, geolo- gical survey, and some other matters previously entrusted to the secretary of state for Canada. Tln^ gt'ological sur- vey of Canada forms a branch, and is under the charge of :i director who must necessarily ln' a man of high scien- tific attainuKMits. The minister of the interior or the head of any other dei)artment appointed for this purpose by the governor in council, shall be the superintendent-geu- ' :;i Vict., c. 51). - :;i Vicf., c. 42. riio (loiKiitiuont ul' n'i'oiver-^'enenil waa not previdetl for l)y sjH'rial Ui't, Imt his tluties are delinecl ami referioil to in various arts. Sco III Virt., C. •"), oil". ' Neither ()(■ tliuse ollires was rnviiieil for hv sjiecijii int. ' lion. K. Blako ami Hon. U. \V. Si-ott, Annual lle^iistor, 1S7S, p. ;^i. • /6. ;)i»-;^l. 1*. K. island lias at [iresent no reprostintative in tlie ral»i- nct; nor liave Manitol)a and Jiritish ("olundiia. 'I'lio nundier of min- isters ui tli«< cahinot is now H (in April, IS'.U), of wliom two are without jHirtfolios. • Hon. .Mr. AVihnot, in 1878; H.pU. Mr. (now Sir David) Mucpherson, in 1>>(), on appointinont of fortner to licutonant-^overnorship of N«uv I'.runs- wi<-k. See Cunada Gr:,itt; Nov. !», IS7S; //.., I'el). 12, 1880. -Kev. Slat, of Can., .•.('. 22, 23. ' '.^1 1! T ill' vu M}' *: »ij i fJM , I I 08 rAi:i.iA.\n:\iAin' ixsnnnviSs i.\ tAyjDA. »»rul of Iiuliaii {illUirs.' Tlio doparluHMit of sm^rotiiry of stato for C'iinada rt'iiiaiiis i 11 oxi.st.'ii, the office of receiver •general was abo- lished, and the duties assigned to the finance minister.' .\t the same time the department of public vvork> was divided into two separate departments, presided over by two ministt'rs — one desiufuali'd minister of railways and Tl lese Canals; the other, minister of public works. chanii't's were rendmi<(r, Sir. .1. A. .MHrdotiiiM, wliiln presiiieiil of tl'e council, iiold tlieollii-e lor .soiuu yeard. I'arl. Coiupaiiii.n for ISSo. -' ;{1 Vift., .■. i-2 ; Hov. Stat, of Can., ,•. 2(i. ' -to Vict., c. 2J; liev. Stat, of Can., c l.'7. ' 42 Vict., ('. 7; Itev. Stat, of Can., c '2S. Can. llan.4. (187'.>), 1241. Ju tiie session of IS78, wimn Mk^ .MacktMi/ie adinini.stration was at tla* iifad of affairs, a liill paK-sml tint Commons to abolisii tlio roceiver-giMicral- sliip, anil tosnIiJivido tiio dopariint'nl of justice, 80 thai llioro would l.f an attorney-^reneral willi a Beat in tlio cabinet, prosidinj; conjointly w itli the minister of justice over the dominion law department. Can. Hans. (lS7h), l:ll»4, 15S4, IHll. It was, however, postponed in the Semite. St-n. Jieb. (1878),USl- lisherii's \vi«s divided into a dt'partnu'Ht of marine, aud a dt'inirtment ol" lishcrios, presided over by ouo minister and two deputies.' In the ses.sion of 1HH7 a now selienie ol" oryani/alion was i)Vovided for several departments. In the lirst phice, " there sliall he a department oltradi' and commerce, pre- sided over by a minister." Then the departments of cus- toms and inhuid n^venue respeetiv«'ly are to be pLieed umh'r the control and supervision of the minister in (ques- tion or of the minister of linamte, as the i»overnor-in- couneil from time to time directs.- The "•overnor-in- louncil may api>oint also a controller of customs and a controller ol' inland revenue, each of whom shall, under I he o-eneral instructions of th(^ minister first mentioned, he the parliamentary head of these departments.' It is also provided that the ji-overnor-in-council may appoint an ollicer who shall be tailed the solicitor-general of C^in- ada, and who shall assist the minister of justice in the counsel work of the department of justice, lie may hold a seat in either house of parliament, provided he is elected while he holds such office and is not otherwise disqua- lified.' VIII. Constitution of Parliament- The constitution of 18(J7 provides that thiMv shall be "one Parliament for Canada, consisting of the (^Uieen, an Upper Hou.se styled the Senate, and the House of Commons."' AVe have already seen that the sovereign is represented by a governor -reneral who, in person or by deputy, optMis and prorogues parlia- ment." He also assents to all bills in her Majesty's name," ' 47 Vict., c. 19; Uev. 8tat. of Cun., c. LT). •oO-ol Vict., c. 10. '50-51 Vict., c 11. ' V>.,v. \A. These .sovernl statutes have not been enforced np to tlie liiue of the apiM'arance of this work. 'JJ.N.A. .Act, 1S<)7, s. 17. "See cliap. vi., s. :.'. • f'hapter xviii on pnhlichills, s. l.'5. i |-! m I • ;,H '•.:i:ifiiOT I GO l'ARlJAMi:XTAI!y /.VX7777T/O.VX IX CAXADA. aud may at any time dissolve parliament,' a prerogative ol'the Crown to be exercised with caution under the ad- vice of the privy council. In the times bel'orc the con- cession of responsil)le government, when contests ])i'twe<'n the executive and the assemblies were (chronic, the gov- ernors dulled the odi^a of this important instrument by its too frequent use.-' Under the present system of con- stitutional government, such a condition of things cannot possil)ly occur. The responsibility of deciding whether in any particular case a dissolution should be granted, must, under our (Constitution, "rest absolutely with the representative of the sovereign." ' In coming to a conclusion, he is guided by considerations of public interests, which will enable him always to judge of the value of the advice given him by liis constitutional ad- visers.' Occasions, however, can very rarely arise when he should feel himself bound, for poverful pu])lic or con- stitutional reasons, to refuse the advice of his council ; but there can be lu^ doubt that it is the right and duty of the Crown, under any circumstances, to control the exer- ' (tdvernor-Gi'iuiriU's Icttiw-.s-patoiit, 187S. s. .'>; 15. X. A. Ad. lsf>7, .s. r.o. "Fniin 18(KS to IslO, till? (.iui'liec a.ss(>inlily wa.s ilissolvcil no loss tlum tiifee titni's liySir .lames C'rai;:. Stu> lii.s riMiiarkablo .s|tewh on oiio occa- sion, in which he .soinuUy rated the a!-soiiilily lic.roitMli.s.solvini: it. < 'hris- tio i., 'Jy.l ■■ Sir T. E. May. New yontii Wuli's hujr. Ass. V. and 1'., 1S77-7S, vol. i.. 451 ; Todd, I'arl. (Juv. in tlu? Colonios, .")()1. '" Tlio reaponsihility, widi'li is a y;rav(» oni*, ol'di-cidiiii: ulu'thur in any particnlarcaso it is ri^rht and expedient, iiavin^.' roiranl to the* claims of the respective parties in parliament, and to the general interests (jf the colony, that a dissolution should i»o ^'ranted, nnist, under the coiistitn- tion, rest with llie >;ovenior. In discharj;in;,' this responsihility, he will, of eourso, pay the >;reatest attention to any ^^presentations that nuiy be made to him hy those who, at the time, are his constitutional a«lvisers; hut, if he shoidd feel himself hound lo take the respnnsihility of not fol- lowiii),' his minister's recommendation, thete t-an, I apprehend, he no (lonht that both law and i)ractk'e ompower him to do .so." Sir Michael Hicks iieach, Sec. of S. fur colonies ; New Zealand I'arl. 1'., IS7S ; App. A. 2. p. 14 ; Ne.v Zealand Uaulh, LS78, pp. !tll-14. In CONsTirrTIOX of rARUAMENT. 01 fiso of one oC tht^ most valued prorogativfs of the sover- eign. The rehitions between the repre„eiitative ol' the Crown and his advisers are now so thoroughly under- stood, that a constitutional dilfirulty can hardly arise which cannot l»c immediately solved. If the Crown should be compelled at any time to resort to the cxtri^me exercise of its undoubted pn-rogative right of refusing the advice of iis constitutional advisory council of ministers, they must either submii or immediately resign and giv(! place to others who will be prepared to acre})t tin- full responsibility of the sovereign's artion, which must be based on the broadest ground of the jmblii- weilare.' Elsewhere the provisions in the Act of Union respecting the constitution of the tSenate and of the House ol Com- mons are explained at considerable K'ligth, and it is only necessary here to refer to some gcm^'al features of the or- ganization of those bodies.- In the constitution of the Senate some security has been given to each of the provinces for the protection of its peculiar local intere&ts, "a protection which it was be- lieved might not be found in a house where the represen- tation w^as based upon numbers only." ' Consequently, the dom'nion w^as divided into three sections, represent- ing distinct interests, — Ontario. Quebec and the maritime provinces of Nova Scotia and New Brunswick — to each of which was given an equal representation of twenty-four members. Provision was also made for keeping- the re- l)resentation for the maritime provinces at the same num- ber, after the entrance of Prince Edward Island.' An ex- ' See mem. of Liont.-Governor RoMtaillo, Oct. "0, '87!», in u (iiieboc con- stiti'lional trisis, in wliicii lie rel'iised a (lis-stilution to Mr .loly, wlio tlieitupon resigmnl. 'I"odcl,505. See also //a fiTo. AIh" IJuurinot, Fed- eral Government in < anada (.lolms llopkius Univeraity StudipH, 7tli Series) 8 }. (."hap. ii. 'Sir A. Campbell, Conl'ed. Deb., I'l. * See chap, ii., s. I. i'=si| .■'rt.r i. .((1 ■' l?l i -'ft III m m^ ^. 1 .' .!'•' i ', ^ [fi hK If f 62 l-MiLIAMIlSTM:)- ISsTirrnoNs IX r.l.V.I/M. cpptioii howeviM*, was mudo in the case of Nowfouudland, "which has seetioiuil claims and interests of its own, and will therefore have a separat(« representation in the Sen- atf. ■ ' More than that, in order to prevent that body be- iuii swamped at any time for political reasons, the ronsti- tntion expressly limits the number that can sit therein. - Special rcfvard has jIso been had to the peculiar situa- tion of the province of Quebec, where the electoral divisions that exis^.nl previous to 18(17 are maintained, and a senator must <'onse(|uently have his real property <|Uali{ication, orbe resident in the district for which he is appointed — a provision that was not considered neces- sary for the other provinces. ' The House of Commons, as lirst oruanized under the Act of Union comprised one liuiidred and eig-hty-one mem- bers, but the number has, since the census of 18S1, bc«'n increased to two hundred and Hfteen, in accordan(;e with the principle of representation laid down in the constitu- tion.' In arrani»:iiio' the r«'pr"sentation of the House of Commons, the question arose in the Quebec conference as to the best mode of jireventinu- the diliii.uli lU the future of too larffe a number of meml)crs. It was to be exp(»cted that in the course of a lew decades the population would larii'ely «'xpand, not only in the old provinces which lirst composed the dominion, but in the new provinces which would be formed sooner or later out of the vast Northwest. Unless some deiinite principle was adoi)ted to keep the ' Sir J. A. Miuulnnald, ("uiift>(I. Pub. ilf). -' /'/. .')'i; s(« cliap. ii, s. 1. ' Hull. G. Hrown s;ii(l in tlic delmte on V<'>ift''lorati»)n (ii(l): "Our Lower Canada frioiid.s (I'lt tliat tlioy had InMicli Tanadian interests a-id Britisli interests to \h}. protected, ami they concoived that the oxistin^r avHteni (if electoral divi.sion,s wonld j;iv(« pnifection to liiose separate inl«ire8ts " 'I'iie principal nhject of this pruvisi* n was to ^rive a represen- tation to the English-speak inj? population of l,ower Canada, in the Kast- ern Townships especially, which have now two representatives in the Senate. * Chap, ii., s. \>. rcpn nion; body Low* the M suite( perm; havin liabitji crease, ';ii''n..na Tile iir.st •\'oveMil)( J«72, ha years, Jrs In \s"rl, >'t'J>temb< Sa on en ay '■•'hiruetl CONsTTTrriOX OF I'AIU.IAMF.yr. 68 r-presontntion within a certain limit the House of Com- mons misi-ht eventually ])e(om(' a too cumbrous, unwieldy l)0(ly. It was decided "to accept the representation ol' I^ower Canada as a iix(>d standard — as a pivot ou which the whole would turn — since that provini^e was the best suited lor the purpose on account of the comparatively permanent character of its population, and from its hiivini:- neither the lari^est nor the least number of in- habitants." ' Hence the dano'(>r of an inconvi'nient in- crease, when the representation is reviewed after ea<*h decennial census, has been practically reduced to a minimum. The (|uestion of the duration of parliament also obtained much c()nsi(h'ration when the Queliec resolutions were under deliberation ; an of Ni'W Zealand and iiive the Canadian par- liament a constitutional existence of liv»' years "from the (lay of the return of the writs for choosinii' the house," >ul)ie»t, of course, to be sooner dissolved by the i»'overnor- i^t'iieral, acting' under the advice of the privy council.- In this coiniection it is interestinji" to note that in 18(i7, the writs for the first dominion ('lections were issued on the Tth of Au<«'ust and nnule retnrn:rd of September, except ♦hose for Oaspe, Chicoutimi and Saiiuenay, Manitoba and IJritish Columbia, which were returned on the 12th of October,' but parliament did not .5 ; ri; ' Sir .J. A. Macdomild, Cont'ed. Deb.,;{8. - Sir J. A. iMjictlonald, Conled. Dot)., .".!> ; B.N.A. Act, 18(i7, S. 50. .Tour. (1SU7-8) \ ii-x. ' .lour. (18715) vi-xi. $4 j'Ai:i.iAMi:.\rAi:y /.v.syv/v /vo.v.s y.v ca^apa. actually jisi.s.-niblo until iho oth of March, 1873. Tln^ second parliament continued in ("xistence only until the i'nd ol' January, 1874, when it was dissolved, the writs lor the new House heinii' u'enerally made returnable on the 21st ol" iM'bruary, with the exception ol" those for the districts and provinces just named, whii h had to be re- turned on the 12th of March.' The third parliament assembled on the 2(Jth of ]\Iarch and was dissolved on tln^ 17th of Aui^-ust, 1878, havini>' sal in live sessions of an average duration of nearly ten weeks, and its constitu- tional existence having been about seven months less than Jive years from the date of the return ol' all the writs in 1874. In 1878 the writs generally were returnable on the 21st ol November but parliament did not actunlly assemble until the l-Uh of I'Vbnuiry, 187!> ' Only four sessions were held of the fourth parliament, which was dissolved in the month of May, 18^2, having been less than four yi>ars in existence since the dissolution of 1878.' The Jifth parliament assembled on the 8th of February. 188;], and was dissolved on the l"»th of January, 1887, •ifter a constitutional existence^ of about four years and live months from the date of the return of the writ- in 1882.' The sixth parliament was called together on the loth of A\m\. 1887, aiul was dissolved on the 4th of February, 18!il, afti'r a constitutional existence of alwut two months less than four years I'rom return of writs in 1887.' The seventh parliament met on the 29th of April, 18!)1. The longest session since 18(37 was held in 1885, when it reai^hed 173 days, and the shortest in the autumn of 1873 — the second session that year — when there oc- ' Jour. (1S74) Procaaiiiations v-ix. A sci)ariite pioclainiition had to lie is.suod for Al^roiua, writ also retiiriuible on the ll-'th of March. ■ riAd. (Ibid) vii-x. •' .Four. (KSS;')) v-vi. ' ]k ('.887), ix. •' S-'d Canada ClazelU; Fehruary, 1801. aiiioiiii i / '720 VINCTA L CONsTITl 'TfOXS. 65 fft cuiTod a miiiifsteriiil crisis and parlijimeut closed, alter sittinj^ Ic only sixtoon days ' The pro"isious rcspoctiiij^ the oloctiou of .speaker, quo- rum, privil(»ges, elections, money votes, royiU assent and reserved bills, oath of allegiance, use of the French lant?- uage. will be found in the l>ritish North America Act, 18t)7, given in the appendix to this work. Parliament has full control of all dominion revenues and duties, which form one consolidated revenue, fund, to be appro- priated for the public service in the manner, and sul))ect to the charges provided in tht^ Act of Union." The iirst charge tht^reon is the cost incident to the <;ollection and management of thi^ fund itself; the second charge is the annual interest on the public debts of the several pro- vinces; the third charge is the salary of the governor- general, iixed at ten thousand pounds sterling. A bill was passed in the first session, reducing this salary to six thousand five hundred pounds, but it was reserved, and subsequently disallowed on the ground " that a reduction in the salary of the governor, would place the office, so far as salarv is a standard of recognition, in the third class among colonial governments.' > .1 IX. Constitution of the Provincial Governments and Legislatures.— Under the act of 1807, the dominion government assumed that control over the cspei^tive provinces which was previously exercised by the imperial government.' In each ' .^oo Aj)](eiulix Ji, at end of Ihi.s \vtirl<, wlioro is y:iv(Mi u talmlar Ktatemont of lengtli ul'oacli aossioii, tiiiio of oponing an.l |)roroj;;atioii,(]ato of dissolution, and duration of eadi parlianiont since iionfodoration. See also 'Tlie Statistical Yoar Book of Canada)" (18S!I), which gives .simi- lar statistics of the legislatures of tlu^ in'ovinces sinco confederation, ■ Ss. l()2-ll'(>. See Rev. Stat, of ("an., c. 29, respecting the conHolidatiHl revenue fund, collection and management of tho revonuo and auditing uf public account.s. ■' Dom. Sesfl. V, l.SdO, No. 73. *"The genera! government assumes towards the local governments 5 J t 1 '^Mitl^H t ■il i \ 11 IhH ' t fin 1 ill ' m 'ii \ .ii m 0(1 rAin.lAMKXTAliV /A'sVVVVVVo.V.s l\ (.LXADA. II I ''* lii proviiict* thcro is Ji licutciiniil iroA'criior, npi^ointtHl by \ho <>ovt'ni(u-yt'm'r;il in council, and Jiokliiiu' ollicc lor fiv.» years, l)iit .sul)jt'(t to removal at any (inic hy tin* i»'ovi'r- nor-t:on advim* ol' liis cabinet in consideriiiu' the very delicalc ((iiestinn ol tlic removal of so inijxirtaut an oiliccr. Tlio colonial siu-rctary, in a despatch of 5tli .Inly, lS7'.i, laws it down di8tin<'tlv. " lUii it iimst he renioniliored llial other poW *rs, vested in a similar wav hv the statnte in the ''overnor-''eneral were clearly intended to he, and an* in practice exercised hy and with tlie iidvioe of his ministers, and thonjrh the position of a j.'ovi)rnor-j,'eneral wonld entitle his views on such a snliject as that now nmier consideration to iK'cnliar wei;.'ht, yet iier .Majesty's vjovernment do nol lind anythinjr in the circumstances which wouM jnstify him in do|)artin;»' in this instance from the jjeneral rule, anti declininiJ to follow tlio decided and sustained opinion of his miidslers, who an* responsihle for the peace and L'ood p)v- ctrnment "f the whole loininion to the parliament to whi(;h tin* eanso must 1)0 commnnioatod." Can. Sess. 1'., 1880, No. IS, p. S. For full par- ticidiirs of this nnich vi'xed (piestion see Sen. and Com. Hans., 1S78 and 1S7;' ; ( 'an. Sess. 1'., 1S7S, No. (IS ; //-., lS7ii, No. lt»; ///., ISSU, No. is. Also, Bourinot, Foileral (iovernment in Canada, 80 note. For communication to pailiument in accordance with law. Can. <."om. .lour. (ISSO) 24 ; Sen. .1. (1880), l."-'-L'3. - Sec. Gl, B. N. A. Act, IbiiT. See form of oatha in Can. Sess. 1'., 1864, No. 77. Can; })res< ilhie tor i( hi ol a ]] iility i l>rope aeh'on tiic uc only .s-j a nee i> workii Ji(hii,., ^uppor •^ - Court J "'I'Cntario, ( ' i'oiid, ;;!) hn pjiovrxciAL ( oswnri'Tioys. 61 CaiKidn, art' ivsponsiblo to llu' people thvoui^'h their rc- ]nvst'ntativ('s in the Ic^islaturt'. In ca.so of the al)s«Mii'o. illness, or otln'V inability ol" the lioutoiiani-srovcrnor, the jiOVornor-f^('m>ral in council may appoint an administra- tor to cxccuto his ollicc and Junctions.' Tn the I'xorciso of his Junctions, the lioutimant-i^ovcrnor ol a provin(;o " should, of course, maintain that imi)arti- ality towards political parties, which is essential to the proper iieribrmance of th<^ duties ol" his ollice, and ibr any action he may take he is, under the lii'ty-ninth section of th(^ act, directly resi)onsible to theyovernor-u^oneral." The only sale i)rinciple that he can adopt Ibr his u-eneral i>;uid- ance is that pointed out to him by Iho expcM'ience of the workinj^ ol' parliamentary institutions; to •1,'ive his con- iid'Uce to his constitutional advisers while they enjoy the support of the majority of the legislature. .\ ({uestion has been raised, how far a lieutemmt-cfov- .rnor can now be consiolrcd to repr«'scnt the Crown.' It is beyond dispute, however, that he is fully authori/i>d io exd'cise all the powers lawfully bcloni^'ini'" to the sov- evciiiu in respect of assemblinu," or \)r(>royuintj;', and of dis- solvinu' the Icj^islativ*' assemblies in the provinces,' A hiirh judicial authority has expressed tl»e opinion that • whilst ii cannot Ibr a, moment bi^ contended that the lieuienant-govtuMiors under confederation represent the Crown as the lieutenant-governors did before confedera- tion, yei it must be conceded that thest^ high ollicials since confederation, do represent the Crown, though doubtless in a mo<;, ()7. I)e«i|iul(!h of lilt! ruliiniul Hecivtary. IST'.t ; C\iu. Srss. ISSO, .No, IS, p. >s. •• Tlu»y are oUicers of the «luuiiiiiou tfi)vertunent — tlioy are not her .Miijesty'H reprnst'iilutives." Tasi-hoivau, J., in Konoir rs. Uitchio. Can. Slip. ( ourt K., \ol. iii, p. t»i.'3. See also Hh^ \k>1 v, Morcor i^ Ally. Gon. v( Untiirio,()71- ' Toiid, \m-m. !i;ti i I' t;8 I'MU.iami:stai:y issrirrrioNs is c.iavi/>.i. queen as licuteniint-u^ovcniors did belbn* cont'odcration, in tho pcrlorrniuict! of all cxt'ciitive or administrative arts now lolt to 1)0 pcrlonnod by lii'Uteiiant-govtMn(»rs in the nnnn' ol' the queen," ' Th<' t'ovty-iirst resolution of the (Quebec conl'eronf^c d<'- clared that "th<' local jyovcniment and lej»-islature oleach l)rovin«'e shall be construoti'd in such manner as the ex- isting lei^islature ol" each such province shall provide." Ac.cordinyly, in the last session ol" the old legislature of Canada, an address was passed to thi' sovereign praying her " to cause a measure to be submitted to the impi-rial parliament to i)rovide I'or the local government and leyis- lature of Lower and Upper Canada respectively." - In ac- cordance with this address the constitutions of Quebec and Ontario were lormally incorporattul in the British North America Act of 1807. The legislature of Ontario • onsists of only the lieuteimnt-governor and one house, nannsd (he legislative assembly, composed in the iirst in- stance of ei^lil y-two members, elected for the same t»lec- toral districts which returned members to the House of Commons/ After the census of 1871, there was a re- arrangement of constitueui lew, an. I the number of n-pre- seutatives was increased to eightj'-ciuht jn all.' In 1885 and 1880 the reoresentation was enlarged to ninety-one members, now elected mider i\ very liberal fnilichisi'." The legislature of Quebec consists ol' a jj(M|teiianl-goV» ernor, ii legiHJalJve cniincil, and a hgislative UMsembly. Mr in ' Ritcliie, I . J., J^Umt n. hi^A'mx. ul Oiilario, ''Mil. Hujr f'jHII'l K, V'/|, V, mi, VAX ' I-f'K. Ah-s. .1. (]««ltah!i8li'.S. (M ' ThcHc 'l""i. i!|o t' ■, IO\\|l , "I' (« ih« W'lH coiiHi, ''lillllllCM, •iiiMiu... jit,. (I I'liovisi iM. ( (L\sTrri -ri'/Ns. 69 Tho logislativc council comprises twt'iity-fouv members, appointed Tor life hy the licutenunt-goveriKn- in the (|U''en's name, and repvi'sentiui? the same elt'ctoral dis- tricts from which senators are chosen.' The qualiiications ol tlie le^ishitive councillors of Quebec are the same as those oi'the senators from the province.- The legislative assembly was composed oi'sixty-live members. elected until 1>^90 lor the same electoral districts represented by the members ol" the House of Commons for the province.' It is provided in the act that while it is always perfectly (ompetent lor the legislature of (Quebec to alter these dis- tricts it can only i-hanye the limits of certain constituen- cy's. e.specially mentioned, with the concurrt»nce of the majority of the members repreHeiitinu" all those electoral divisions.' In the session of IH'.lO, the territorial lijnits ol certain counties and electoral districts were nmdilied. and tile representation inresentatives in the assembly of Quebec is now seventy- two. The legislative assembly in each province is sum- moned by tin* lieutenant-governor in the (|ueen's name. ' I.»^i.'. Ass. J. (IS(M;):^(i:!; i;. N. a. Act, 18(i7. s. 71, 71' ami a. L'-', sal«. ;:. ( nii.s. Slut, ofCaniula, c. 1, Sdi. ,\. r.. N. A. Act, SH. '_':? and 7:!. f^H. |H and SO; Doiitrt', «."•. (^iiolwc Kcv. Stat. (ISSS), arts, (id, (i4, 00. Tlii'M(< ilinlrirts lire I'diitiai', OMawa, Ar^reiitfiiil, lIuntiiiL'/f« iMi^'lisli-Rpeakiii}; and I'lolcslant ixipidation, and it \vaH cdnHJdorcd (v\|HMliont til ilisnrt tlilM nrovlso soinirlntr itH rights; hot III |i|iiv|hIii|| H'hm (i|)|HiHnil in the lc^tslatiii(>, in ]80n, us nnncooHHary. Illirnllf, IImP'. 'Mt<(t (jlt(«|lM|l HIM-) Till Vict., c. L> t IdcfUliini was divided into two cnlilitli'S, " t'lilcoiilind and Haiiiicnny" and' ("oiintyof l-ake St. .lohn;" |!i|Miii!K|j|, ||||(i " liiiiinnHM and Maliinf ;" Montreal into six divisions : (|ili>li(>c ji!aHl, into " tjiiclioc \''a\h\ and SI. Stiimitji ; '' hrnnmiond and Ar- lliillillRiiaJlllliMnnilHl-tlitit) illHllllilHi W* m m B.i!ii' 1'; If !.:■; m it 70 PMil.l AM i:\TMlY ISsTITl'TtOSs TS i AX ADA. It has ii constitutional flection for Altroma lias taUcn ]>lai'n, tlie member cIcckm) for lliat. tli.strict at tin' i>rt'\ ious election sliall repre^ 8Pnt tlio.sniiio until tlin new election tlierofor lias lieeu Iield ami lie !•'- tiii'n made in due form ; that in such case the duration nf ihe new assem- bly shall h(^ lor four years from the day for which the aesemhly .shall ho summoned to meet for the discliartre of hiisine.ss and no lon^rnr, Huhject to ht^in^: sooner ilissolvod by the lient(Miaii(-..'overnor. 'riii.s provision was made to meet acoiistitnf ional 'pKvstion that had arisen astothe exact duration of tiie le;:islature — whether it eonld not last for four yi>ars fr-m the date of the return for Alijonuv, which is nuich later than fer the n^st of the province. See CdiKiilliin Mimlli/ii, April. lS7f', and Pari I'eh. of Mi- tario, 1S7!), as t(» (he cnrioiH eoi\tri>versy that aro.so on this constitiit.oiuil point. In ISH.") this act was amemled by dividing; Al^roina inl" two elec- toral districts and provision made to prevent any iiuestiou arising' in the future. See ( >nt. Kev. Stat, of 1SS7, <•. 1 1, a. ;'.. -' Extended from four to live years, in ISSI, l>y tiie le;.'islature olc^ne- bee, in accordance with subs. 1, 8. !L' of J!. N. A. A( t. ; 44-45 Vict., c. 7. Quebec Kev. Stat. (188S), art. 110. ■' See. S(!. ' Sec. 87. ■' Quebec Stat. 45 Vic, c. 15 ; Uev. Stat. (KSSS) arts. SO-Sl». 'tii I'lio 1 7 S( 7. 1 /, (oysTiTi 'Tioys. 71 proviiicos of Nova Siolia and N* \v Hnmswi. k shall con- tinue as it t^xistt'tl at tlit^ tinii« ol' tlio union until altfit'd uudor tho autliorily ol' tliat act .' These two colonifs had, lor very many years, enjoyed the advautai^es of repre- tentative institutions as lih'ral in all respects as those of the lai'ii'er provinces in Canada, lliuler tiu? I'r.nch reyinie, atul tor some time after their c()n([nest by the l-lnu'lish, these provinces were comprised iu the laru;e, ill-d lined territory known as Acadia.' From ITl^l to \1')H th' pr'»- vincial i^overnrnent consisted of a yovi'inor or lieul'imu'- ;^overuor and a council supposed to possess both leiiisla- tive and executive powers. The constitution of Nova iScotia has always been cnusidered "as derived from the terms of the royal conimi>siotis lo the u;overnors and lieu- tenant-iiovernors, and from the instructions aerompany- ing the same, mould-Ml from time to time by despaieh«'.s from secretaries of state, conveyiuy the will oi'the sover- eii^n, ami by acts of the local lei»;islature, assented to l)y the Crown: the wliole to some extent interpi' ted by \iniforin usai^-e and custom in the colony."' '' A legislative assendily met for the lirst time at Halifax ' on the second ' r>. N. A, .\ct, sH. (II, SS. 'I'lio powt^r (if lunondiiitMit ho inuri'iri'il, lias not Im.'ch I'XiMcisod in .\(>v;i Scotia — i i(jv. .Vicliiba'nl, ''an iSSM, No. 7i», ,.. 1 1. ■ Novii Sciitiii \vu.s furmallv < »>iU>y tlso treaty of I'troi-lit, 11 .\pril, 17115; 1ml ('a|KH ritt'tun still itMuaiiidl ii |>osstwsi(»n ot" Kraii.o until till' t'oiunicsi of Canada, and tin- .siilisiMnu'iit treaty of I'.iris, wlin'h pivo to(ir(>at Hrituin ail tho Kronch ])os.st>.«>8iouHin iiritisli .Ndrtli Aniericii «'X('ei>t till* islaiiils of St. I*ierri', Miquulon and Laii-'l-y on MiiMinaMl of N(n\ t'oumllanil, ivst'rvt'rcton was nml'-r tlu* ^^uvornnicnl of NovaScotia from ITiitl to 17s4, wlien it was given a separate p>verninont, conHistinj; of a lituitcnanl-^jnvwrnor and coiui'mI, This constitution reniaiiH'd in fono until tlic ro-mncvation of the i.sland to Nova Scotia in ISJO. (an. 8t)s.>^. 1'., ISS;!, No. 70, p. Id. ' Governor Archibald, in an intert'Slinj; niemorandnnion tho early con- siitntion of NovaScotia, in answer to an addiV-ss of i)arlianu'nt. Cm. So.ss. V. iSS:!, No. 7(1, |)p. 7-11. ' .Vnnapolis (I'ort U ival nnder the Kroncli rt'.:in\e) was the seat of i:ov- ernnient until 1711», when Halifax was founded. .Mnrdocli'.s llisi., ii. c. 11. M^ .^ m •1-' ii " m W/i IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 11.25 14^ '"'28 2.2 ii£ ilM 1.4 1.8 1.6 Photographic Sdences Corporation 23 WEST MAIN STKEET WEBSTER, N.Y. 14S«0 (716) 872-4503 ! ' J, P' *.i T'W ^ ill' ■•' 1 I. f 1 If fi 1'; 1 |l ■ ! •| i i f^. 1 1 ij 1 i :; If ■ii ,■>, ! p ft' •72 I'AIUAAMEXTAnY INSTITrTIOXS IX CAXADA. of October, 1158, and consisted of twenty-two members. It is interesting to note in this connection that the assem- bly promptly asserted the privileges of free speech, "when a member's remarks had been called into question, by declaring that " what he had said was as a member of the assembly, and that he was only accountable to them for what he had said." ' In the same session a person was committed to the custody of one of the messengers of the House for having assaulted a member on his way from the assembly." In 1838 the executive authority was separated from the legislative council, which became a distinct legislative branch only. ' In 1840, a practical recognition was given for the first time to the principle of responsible govern- ment, in the formation of the executive council, but in reality the system was not fully adopted until 1848.' In 1867, before the Act of Union came into force, the legis- lature of Nova Scotia passed an act limiting the number of members in the assembly to thirty-eight, ' and at the same time an address was proposed to limit the number of legislative councillors to eighteen.'' The number now is twenty-one. In 1784 the province of New Brunswick, which had received large accessions of loyalists from the United States, was formally created, and a government estab- lished, consistiuGT of a council of twelv^e members, haviniy ' Murdoch, ii. 353. - lb. ;]o4. ■' Can Sess. P. 1SS3, No. 70, pp. 8, 39. 'Howe's Speeches and Letters, vol. i. 553,502-4; Todd, GO; Eng. Com. P. 1847-8, vol. 42, pp. 51-SS. ■' Nova S. Stat., 30 Vict., c. 2 ; Rev. Stat. (5tl) series) c. 3. For vacating of seats, /^. c. 3. Duration of and rei)resentation in general assembly, c. 3. Executive and legislative disabilities, o. 3. '' Jour. Ass. (18(37) 28. EfTorls have been made in the Nova Scotia assembly to abolish tli .• legislative council as in Ontario, but so far fruit- lessly on account of the opposition in tlie latter body. An. Rog. (1879) 179-80, See Rev. Stat. (4th ser.) c. 2. I>R0VL\< lAL COXsnTlTIOXS. 1.3 both executive and legislative fuuctions, and of an as- sembly of tweuty-six members ; ' but in 1832 it was deemed expedient to follow the example of Nova Scotia and have the executive aiithority quite distinct from the legisla- tive council. In 1848 the principles of responsible s?ov- ernment were formally carried out in accordance with the colonial policy adopted by the British government with respect to the British American provinces generally.' In the Act of Union it was provided that the house of assembly of the province, elected in 18G6, should, " unless ijooncr dissolved, continue for the period for which it was elected." ' The legislature now consists of a lieutenant- governor, a legislative council not exceeding eighteen members,' and an assembly of forty-one members elected every four years.' The island of Prince Edward, formerly known as St. John,'' formed part of the province of Nova Scotia until 17G9, when it was created a separate province with a lieuteivint-governor, a combined executive and legislative council, and eventually a legislative assembly of eighteen members." The government of the province was always largely influenced by the proprietors of the lands of the island, distributed by the lords of trade and plantations in the year 1767. Some of the lieutenant-governors were in constant antagonism to the assembly, and during one ■ The fii .st governor was Colonel T. Carleton, brother of Lord Dorchester. Tiie ^'overnineiit was IVetiuently administered by presidents of the execu- tive council, and by military chiefs. ??ee copy of the commission of gov- ernor, jiiving him power to appoint a council, create courts, and call an assenihly, etc. Can. Sess. P. 1883, No. 70, p. 47. - Todd, I'arl Govt, in the Colonies, (iO. ■' Sec. 88. ' X. B. Cons. Stat. 1877, c. 3, s. 1. It is now (ISlU) proposed to aboli.sh tlip council. •' //; c. 4, s. 79. ' It was finally ceded to Great Britain by the treaty of Paris, 1763. The narae was changed In 1798 in honour of Edward, Duke of Kent. ' Captain Walter I'ateison, one of the original land owners of the colony, was the first lieutenant-goveinor. See copy of his commission, Can. Sess- P. 1883, No. 70, p. L*. Tlie assembly lirst met in 1773. \H t r if- ' 1 ' 1 74 I'MILIAMENTARY INSTITrTJOXS L\ CANADA. " admiuistration the island was pra(?tically without par- liamentavy government lor ten years.' llesponsible g'Ov- ernment was not actually carried out until 1850-51, when the assembly obtained complete control, as in the other provinces, of the public revenues,- The land monopoly was for many years the qu(\stion which kept the public mind in a state of constant ferment, and though many attempts were made, with the assistance of the British government, to adjust the conflicting claims of the pro- prietors and tenants,' it was not until the admission of the island into the confederation in 1873 that a practical solution was reached in the agreement of the dominion government to advance the funds necessary to purchase the claims of the proprietors.' It was provided, in the act of 1878 admitting the island, that the constitution of the executive authority and of the legislature should con- tinue as at the time of the union unless altered in accord- ance with the act of 18(J7, and that the assembly existing in 187-3 should continue for the period for which it was elected.' The legislature now consists of a lieutenant- governor, an elective legislative council of thirteen mem- bers," and an assembly of thirty members." The local constitution arranged for the province of Manitoba by the Canadian parliament in 1870 provided ' Ciiinpbell, 5- for a ] thanf of se\ years, electee lieuter legisla consist The sai respect ouce a ] used ii] of thirt By ai: British i ment, ir ^racted Island w 1866 bot ly showi Previous was goYi council c officers ; ** ' Supra, 4 to organize - 3Ian. Stf 1S7C, Xo. 'id ' Purl. Con ^The Hn, colony estab 'Sir Jame; wliich had ti establish men "Col. 0/fice 'A legislati onlargod to : other consliti] >vere elected { I'UO VIXCTAL COXSTITirjWXS. 75 for a lieutonant-g'ovornor, au exocutive council of not less than five persons in the first instance, a legislative council of seven members to be increased to twelve after four years, and a legislative assembly of twenty-four members elected to represent electoral districts sot apart by the lieutenant-governor/ In 1870, Manitoba abolished the legislative ( ouncil, and the legislature consecjuently now consists only of the lieutenant-governor and assembly." The same provisions as in the other provinces exist with respect to the duration of the legislature and its meetings once a year. Since 1890 only the English language may be used in the legislature. The present assembly consists of thirty-eight mtmbers. "' By an act of the imperial parliam.ent, passed in 1858, British Columbia was created a distinct colonial govern- ment, in order to maintain order among the people at- tracted by the gold discoveries.' In 1859, Vancouver Island was granted a complete form of government.' In 1866 both colonies were united," and in 1871, as previous- ly shown, they became part of the dominion of Canada.^ Previous to the union, the province of British Columbia was governed by a 1; 3utenant-governor and a legislative council composed of heads oF departments and other public officers ; "^ but it was expressly declared in the terms of union ' Swpnt, 47 ; o3 Vic. c 3. See Sess*. P. 1871, No. 20, for measures taken to orjranize the. provincial government. " Man. Stat., 3!) Vict., c. 2S. Pari. Companion, 1S7S, p. 310; Ses.s. Pap. 187G, No. 36. ' Pari. Companion, 1SS7. Man. Stat. 51 Vict. c. 3. See infra, cli. v. s. 5. 'Tlio Hnd.son's l^ay Company'.s tradinix license wa^ revoked and a colony established in 185S, by L'l and 22 Vict. o. 9!) ■'•Sir James Donjilas, the local a,u;ent of the Hudson's Bay Company, which had tradin<^ priviloires over the islaml and mainland until the establishment of colonies, became the lirst governor. '■Col. Ollice L., 1890, p. 82. ■ Supra, 48. ■" A le<:islative council of 15 persons was fir.st established in 18(53, and was enlarged to 23 members on the union with Vancouver Island. In 1870 other constitutional chan<:;es took place, by which nine unotlicial memliers were elected by the people. Col. O. List., 1873, p. 37. ' r 1 i >\ !l !i u .- ilt 16 J 'A U 1. 1 A ME ST A 11 Y IXS TITl "110 Ss IX ( A NA DA . that " the govoriimont of the dominion will readily con- sent to the introduction of responsible government when desired by the inhabitants of British Columbia," and that it was the intention of the i>-overnor of that province, un- der the authority ot the secretary of state for the colonies "to amend the existing constitution of the legislature by providing that a majority of its miunbers shall be elec- tive." Since its admisfdon, British Columbia has a local constitution similar to that of some of the other provinces ; a lieutenant-governor, an executive council, responsible to the legislature, and one house only, a legislative assembly of twenty-seven members.- X. Organization of the Northwest Territories.— After the ac- quisition of the N^orthwest, the parliament of Canada pro- vided a simple machinery for thegovernment of that vast territory, preparatory to the formation of new provinces therein. The iirst act passed in 18G9 was only of a tem- porary character, and, as previously shown, it never prac- tically came into operation ; ' but in the act of the follow- ing year, forming the new province of Manitoba, provision was also made for the government of that portion of Kuport's Land and the Northwest Territory not iu- cludtd within the limits of that province. In subse- quent sessions other acts were passed, and in 1886 all the legislation relating to the Northwest Territories was con- solidated into one statute.' The Territories are now gov- erned by a lieutenant-governor, or administrator, appoint- ed by the governor-general in council. The law original- ly provided for a council, composed of the judges of the supreme court in the territory and other persons, appoint- ed in the first instance by the governor-general, with the ' Can. Sess. P. 1867-H, No. 50; Stat, for 1872, p. Ixxxix. ; Col. Oflice List, ISflO, p. 82. - B. C. Con. Stat., c. 42 ; two meinbers adde'l by 48 Viet. c. o. '•'■ Svpra 47, aud 'o.\ Vict. c. o. * Rev. Stat, of Can. c. 50. advici couuc the N forth i maile< their such c ordiua in cou forma] for th( membe in poj formed bers of membe A coi existen( over ih amende membe former sembly sent th( who sit — and n Thel] elected matters responsi not yet The ass( ernor, t( submitte them for ' Sess. P. t ■ ORO'ANIZATTOX OF THE yORTlIWEST. 11 advice of his ministry. The lieutenant-governor in coimcil oould make ordinances for the government of the Northw^est Territory, within certain limitations set forth in the act, and copies of such ordinances had tobe- mailed to "the secretary of state within thirty days after their passing; the governor in council might disallow such ordinances within one year after their receipt. The ordinances of the council, and all orders of the governor in council disallowing any of them, must always be laid formally before parliament.' Provision was also made for the erection of electoral districts and election of members of council, according as the territory increased in population ; and a legislative assembly might be formed in place of a council, as soon as the elecited mem- bers of any council amounted in all to twenty-one. The members held their seats in the assembly for two years. A council, partly elected and partly nominated, was in existence until 1888. The lieutenant-governor presided over the council and had a vote. In 1888 the law was amended, and a legislative assembly of twenty-two elected members was created, with the powers and duties of the former council. As in the original constitution, the as- sembly has the assistance of three legal experts — at pre- sent the judges of the supreme court of the Territories — who sit for three years, the legal term of the legislature — and may take part in the debates, but cannot vote. The lieutenant-governor may appoint from among the elected members of the assembly " an advisory council on matters of finance," who hold office during pleasure, but responsible government as it exists in the provinces, has not yet been formally introduced into the Territories. The assembly sits separately from the lieutenant-gov- ernor, to whom all bills passed by that body shall be submitted for his assent, and who may approve or reserve them for the assent of the governor-general.- 6* H ' Ses8. P. 1879, No. 80. 51 Vict, c. 19. 1 1. Ji; 1 1 \ ■ r- ' 1 1; ': ' 1 ^i it 78 l'AnLlA.VJ:XTAi:Y IXSriTITIONS IX CAXADA. Pondiim' the settlement of the \v(*stern houiidarv of Ontario, it -was considered expedient in 1876 to create a separate territorv out of the eastern part of tlie North- west.' This territory is known as the district of Kee- watin,- and is under the jurisdiction of the lieutenant- s^overaor of ^J^-nitoba, ex-ojlicio, who may have the assist- an(^e, if necssary, of a council, of not less than live per- sons and not more than iQW, to aid him in the administra- tion of attairs, with such powers as may be conferred upon them by order of the governor in council." This arranij-ement of a separate district is altogether of a pro- visional nature, and will come entirely to an end with the rapid development of the Northwest Territories.' The district of Keewatin has been materially altered by the extension of the limits of Manitoba, in accordance with acts passed since 1870,' and by the extension of the boundary of Ontario through the decision of the judicial committee of the privy council in 1884." Before passing from this historical review of the establishment of government in the Northwest Terri- tories, it is necessary to notice here the fact that it was found expedient to obtain certain legislation in 1871 from the imperial parliament in order to remove doubts that ' 39 Vict.,c. 21; Rev. Stat, of Can., c. 5o. ^ Sometimes Keewaydin. " No such ordei-s now appear in the statutes of Canada. * Can. Hans. (lS7li) 86, remarks of Mr. Mackenzie, then premier, in introducing bill. ■"' 40 Vict, c. G, defined new boundaries of the provinces of Manitoba and Keewatin. By 44 Vict., c. 14, the boundaries of the province of Manitoba were extended. See Rev. Stat, of Can., c. 53. For debates as to boundary question, see Sen. Hans. (1880-81 ) 006 d seq., Com. Hans. (1880-1):.' vol. p. 1443 it ."cq. In accordance with a resolution passed in the session of 1S82 four divisions were marked out in the Northwest Territory for postal and other purposes, viz. : Alberta, Athabasca, Assini- boia and Saskatchewan. Com. J. (1882) 509. Canada Gazette, December, 1882. "^ See iiifra end of S. xiii. were th.^ C pecial proviu liears pariiar to the geu(>ra as ]'t\s] Com mi C'auadti i'ormiii; I. found Ici relerenc Land, ai Tiider t I m peri a report si the priv tor the c th.» pari: ces in a i">'ady ini constitut ity is als limits of latiires. s-pecting was sane In 188( Canadian ' Inip. Sta history of th 2;>]. Their J^ealand to w into a count} ORflANI/ATIOX or Till: X(>l!TlI\Vi:.s'l\ 79 were raised in the session ol" 18tJ!>. as to the power of th«' Canadian leg-islaturo to pass the Maniloija Act. es- pecially the provisions rrivinu- representation to the province in the Senate and House of Commons. It ap- pears that the address passed in the first session of the parliament of Canada (Contained no provisions with respect to the future gov(>rnment of the country, whilst the U'euoral purview of the British North America Act, 18G7, as respects representation in the Senate and House of Commons, seems to he confined to the three provinces of Canada, Nova Scotia and New Brunswick, originally forming the dominion. Whilst the admission of New- foundland and Prince Edward Island is provided for, no reference is made to the future representation of Rupert's Land, and the Northwest Territory, or of British Columbia. Under these circumstances an act was passed through the Imperial Parliament substantially in accordance with a report submittt'd by the Catuidian minister of justice to the privy council, and transmitted to the secretary of state for the colonies by the governor-general. This act gives the parliament of Canada power to establish new provin- ces in any territories of the dominion of Canada, not al- ready included in any province, and to provide for the constitution and administration of such provinces. Author- ity is also given to the Canadian parliament to alter the limits of such provinces with the consent of their legis- latures. The previous legislation of 18G9 and 1870 re- specting the province of Manitoba and the Northwest, was sanctioned formally in the act.' In 1886, the Imperial Parliament, on addresses of the Canadian parliament, also passed an act empowering the ' Imp. Stat. 34 and 1)5 Vict., c. 28; see Can. Stat, for 187-, p. lii. For liistory of tliis question, Sess. P. 1871, No. 20; Com. Jour. (1871), 136, 145, 2!»1. The Imp. Act 3] and 32 Vict., c. Ki, enabled tlie legislature of New iiealand to withdraw a part of a territory from a province and form it into a county. 5 ^ m A\' 1 1 i 1 i ' ' tit '"i 1 1 1 i •i'j :i •'V, 3 1 . ;tfl if {| J ' 1' 'ill ''' ^« . r lii S m 80 I'MU.lAMKiSTARY ISSTITITJOXS f\ (■AXAI>.\. latter body to ])roviclo lor Iho roprcsontiUioii in the Senate and House of Commons, ot'any territories which may iorni part of the dominion, but are not included in any rc«^-u- larly org-ani/ed province. This measure was necessary on account of the measure passed in 18S(J, giving- repn'- sentation to the Northwest Territories in the two Houses of the parliament of Canada ' It is expressly provided in the British North America Act that the local legislature may amend from time to time the constitution of a province, except as regards the ollice of lieutenant-governor,-' and the provinces of British Columbia and Manitoba havt> already availt^d themselves of the power thus conlerred by abolishing the legislative countuL' The provisions in the act relating to the speaker, quorum, mode of voting, appropriation and tax l)ills, money votes, assent to bills, disallowance of acts and signihciation of pleasure on reserved bills — that is to say, the provisions altecting the parliament of Canada, extend to the legislatures of the several provinces. In accord- ance with these provisions any bill passed by a legislature of a province may now be disallowed by the dominion government within one year after its passage.' The lieu- tenant-governor may also reserve any bill for the " signi- fication of the pleasure of his excellency the governor- general," and it cannot go into operation unless official ' Can. Com. J. (1886) 18:.' ; Can. Hans. (188U) SdU-StiS. Imp. Htat. 4!>5(» Vict., 0. oo, at beginning of Can. Stat, for 18SG ; Can. Stat. 4!) Vict., c. 24. - Sec. 92, snb-sec. 1, and as respect* provinces coming in after 1867, set- Can. Stat. 1870, c. 3, ss. 2. 10; 1872 p. Ixxxviii., ss. 10 and 14; 1873, pj). xii-xiii, ]»ro\ XI.Di allowa; viously iegislat Americ; HOW ad iiig or d absoJuto •il.-' In 1 ^'ore, nee qnenceo S"ov<>rjim t^e cours iis little a eised witj and gene manded ii tain print foil owed '•^'^t^ passe( red to the acts which ^iHdif'his «ueh ai^pro •^•ial goven those acts ^ ' '"^ee chapte ■ < 'an. Sess. "ill be found justice, to sho eliisively respo the governor ir it necessary th isters who will (1870) Xo. lie. JHSALI.O]\'A.\< /.' or I'liOVISClAL ACTS. 81 intinuitiou is rccrivfcl, withir one your of its having boon approved.' XI. Disallowance of Provincial Acts.— Tho same power,-, of dis- allowancH! that bi'loiigcd to the imperial govfrnmont pre- viously to 18(17, with respect to acts passed by colonial legislatures, have been (Conferred by tho IJritish North Anioriea Act on tho government of the dominion. It is now admitted beyond dispute that th(^ power of conlirm- ing or disallowing provincial at-ts has been vested bylaw absolutely and exclusively in the governor- general in coun- eil." In the lirst years of the confederation it became, there- fore, necessary to settle the course to be pursued in conse- quence of the large responsibilities devolved on thi; gt'neral government. As it was considered of importance " that the course of local legislation should be interfered with as little as possible, and the power of disallowance exer- cised with great caution, and only in cases wh(n'e the law and general interests of the dominion imperatively de- manded it," the minister of justice in 1868 laid down cer- tain principles of procedure, which have been generally I'ollowed up to the present time. On the receipt of the acts passed in any province, they are immediately refer- red to the minister of ju.'ftice. He thereupon reports those a-29; lb. 188G, No. 81. lligllcM stream followi and nu rafts ai iii,)"iJct we]] i'rc on the J to those in quest her wit] 1881, tht the socti, that its I struction sous mio* a reasoua ill councii ments on i ernor-gen( that it Wii petitioner out provic died expof ciples that justice adT advice, tha cipa]]y : owner's pr( file suproi: o'"tiie court of of Ontario to <^'. f- -is, a. 15, able, public wi tlie privy con sliould be revei I»5, 203. ill DISALLOWANCi: OF PROVISCIAL ACTS. 83 hii^her up than tli(» former, claimed the rig-ht to use tliese strt-ams under the llrst stM-tion of chapter 115, R. S. ( )., as follows : *' All persons may, during* the spring-, sumnun" and autumn freshets, iioat saw-logs, and other lumber, rafts and craft down all streams." McLaren obtained an injunction from the court of chaucery, restraining Cald- well from making use of the improvemeuts in question, on the ground that the words " all streams" only referred to those lloatable in a state of nature, and that the streams in question were not navig-able for saw-logs or other lum- ber without artificial improvements.' Subsequently, in 1881, the legislature of Ontario passed an act re-enacting- the section eited above, and at the same time declariug- that its provisions shall extend to all streams and all con- structions and improvements thereon ; and that all per- sons might make use of such improvements on paying a reasonable toll (to be fixed by the lieutenant-governor in council) to the person who has made these improve- ments on the streams. An appeal was made to the gov- ernor-general in council to disallow the act on the ground that it was uncon.stitutional, inasmuch as it deprived the petitioner of extensive and important private rights with- out providing adequate compensation, and as it embo- died ex post far lo legislation, contrary to all sound prin- ciples that should govern in such cases. The minister of justice advised, and the privy council concurred in the advice, that the act be disallowed for these reasons prin- cipally : " That the act seems to take aw^ay the use of the owner's property and give it to another, forcing the owner ' The supreme court of Canada, in Novemljer, 18S2, afiirmed the decree of the court of chancery, and reversed the decision of the court of appeal of Ontario to the eilfcct tliat the R. S. O., c. 115, s. 1, re-enacting, C. S. U- C, c. 48, s. 15, made all streams, whether artificially or naturally float- able, public waterways. Can. Sup. Court R., vol- viii. 435-474. In 1884 the privy council decided that the juiigment of the supreme court should be reversed and that of the court of appeal restored. Leg. News, 195, 203. 84 PARLIAMENTARY ISSTlXmON^ IX CANADA. ! Hi iff r !■ 'iifi Kl 3ii practically to l)ocomo a toll-kooper against his will, il' h<.' wishad to i^ot any I'omponsatiou for beiur;," thus deprived of his rig-hts. That the power of the local leg'islatures to take away the rig'hts of one man and vest them in an- other, as is done in the act, is exceedingly doabtful ; that, assuming- such a right does in strictness exist, it devolves upon the dominion government to see that such power is not exercised in llagrant violation of private rights and natural justice, especially when, as in this case, in addi- tion to interfering with private rights in th(^ way alluded to, the ai't over-rides a decision of a court of competent jurisdiction by declaring retrospectively that the law al- ways was, and is, dillercnt from that laid down by the court." To this decision strong objection was taken by the government of Ontario, in an elaborate state-paper, in which it is emphaiii'ally urged that the governor-general in council should not assume to review any of the provi- sions of an act passed by the provincial legislature on a subject within its competency under the British North America act.' The legislature of Ontario subsequently re-enacted the act of 1881, whii^h was again disallowed by the government of the dominion. The act of the Manitoba legislature, incorporating the Winnipeg k?outh-Eastern Railway Company, was dis- allowcsd because it coullicted with "the settled policy of the dominion, as evidenced oy a clause in the contract with the Canadian Pacific Riiilway," which was ratified by parliament in the session of 1880-81 ; which clause is to the effect that "for twenty years from the date hereof no line of railway shall be authorized by the dominion parliament to be constructed south of the Canadian Paci- iic railway, from any point at or near the Canadian Paci- fic Railway, except such line as shall run south-west or to the westward of south-west, nor to within fifteen miles of latitude 49." The government of Manitoba con- ' Can. Sess. P., 1882, No. 149 a. Hans. 876-920. tend( jnris( govei of Ma in cor] aiid tc on the settled the dii territoi ment o ihi^y d Central V;i]]ey Wiiuiiji River V la fare c River R; Westmii lowed I'o Much policy, J)] "^yhon th( tit ude of cised und •'innieiit. the domii t^i'> Canai '^i^'v reliii privilege above. ' ' < 'an. .Si>ss, IfdllL'ills, • ^ee 51 \-i,.t ^.''•♦vernineiit Vr DISA L LO WA y< '/; r PROVINi I A L . 1 CTS. 8:> tondod at the time that the act was "strictly within the jurisdiction of the h^jrislature of the province." ' The government of Canada subsequently disallowed the acts of Manitoba to incorporate the Manitoba Tramway Co., to incorporate the Emerson and North-Western li. R. Co., and to eneouragv the building of railways in Manitoba, on the ground also, that they were "in conflict with the settled policy of the dominion government in regard to the direction and limits of railway construction in thi^ territories of the dominion.'' To this policy the govern- ment of the dominion strictly adhered for years. In 1886 they disallowed the charters granted to the Manitoba Central Railway Company, and to the Rock Lake, Souris Valley & Brandon R. R. Co., and in 1887 those to the "Winnipeg and Southern Railway Company and the Red River Valley R. R.-' In 1883 the acts passed by the legis- lature of Rritish Columl)ia "to incorporate the Eraser River Railway Company,"' and "to incorporate the New Westminster Southern Railway Company,'' were disal- lowed for the same reasons. ' Much irritation was felt in Manitoba on account of this policy, and the dilliculty at last assumed a serious aspect when the government of the i^rovince persisted in an at- titude of resistance to the power of disallowance exer- cised under these circumstances by the dominion gov- ernment. Finally in order to settle a grave dilliculty. the dominion government came to an arranu'ement with ihc Canadian RaciHc Railway Company, under which they relinquished for certain considerations the exclusive privilege <'ontained in their original contract as stated above. ' ' Can. Soss. P. 18^2, Xo. Uiii. - n>. lSS(i,No. 81 ; (\in. Ca/.ettn. 1SS7. ' Iloiljriiis, Proviiii'ial l;Os:isl;ii,ion, i. 819, 820. ^ See 51 Vict., o. ;>2, "An act resjiei'tiuir Ji oortain iijrreenient iKitncen the govornment of Canaila and the Canadian racilio llailway Company." Also spoei'h of Sir Charles Tapper, minister of tinanee, Can. Hans. (1888) 4 h: •' 1 ■ 1 ^ i :'A i 1 f ;•■■■! j ; ii. '^' 80 PARLIAMENTARY INSTITUTIONS IN CANADA. These cases show the large power assumed by the dominion government under the law giving it the right of disallowing provincial enactments. The best autho- rities concur in the wisdom of interfering with provincial legislation only in cases where there is a clear inva- sion of dominion jurisdiction, or where the vital iuter- 1332. This sottlod the dispute as far as the power of disallowanca iu this case was concerned, but 8ubs'3qnontI\' the matter iu unotiier form came before the supreme court of Canada in accordance witli the sections of tlie Canada Railway Act, 51 Vict., c. L'i), providing' for a reference to tiie court for its opinion upon any question wliich, in tlie opinion of tiie railway committee of the Canadian privy council, is a (juostion of law. Under chap. 5 of the statutes of Jlanitoba, ])assod in 1S8S, the railway commis- sioner of that province commence(! tlie construction of tlie rorta;-'e ex- tension of the Ked River Valley Railway (witliinthe province) and it was found necessary to make application to tiie railway committee of the privy council of Canada (under sec. 173 of the Railway Act of ISSS) for the approval of the place at which, and the mode by which the extension in question should cross the Pembina ^Mountain branch of the Canadian Pacific Railway Co. Tliereupon the latter (iompany intervened and raised a iireliminary ]c;_'al objection tliat tiie railway commissioner of Manitolni had no authority to construct a lino crossing the Canadian Tacilic Rad- way in consetpi ice of the illegality of the statute. Mr. Edward Elaine argued on boh;' of the Company before the .supreme court that tiie {lar- liament of Cai la had, years ago (see4G Vict. c. 24, s. (5, and Re\-. Stat, c- 109, g. 121) ei^. iently exorcised its declaratory and sovereign power (see B.N. .A. Act, lSt)7,s. it2 sub. s. IU c.) with I'oferonceto railway works by the declaration that a work (grossing tlie Canadian Pacific Railway is a work for the general advantage; that by that declaration any such work luis been removed from the provincial and assumed to be within the dominion cognizance; that this work before the court was specifically such a Wfjrk and Llierefore no other conclusion could be reached tiian that the provin- cial legislature v.as utterly inconipetent to authorize tlie construction of suclia work." The question rnioniitted b^ the railway committee for tiie supreme court of Canada (see sec. 11) (if t'lO R.R. Act ofLSSS) was to tlie etlect, whether the Matitoba statute in \ lew of the provisions of c. 109 Rev. Stat, of Canada, particularly sec. 121, and of the R. R. Act of 18SS, par- ticularly .s.s. 30(3 and 307, was valid and clfectual so as to confer authority on tiie railway (wmmissioner ti' construct the rai.way in question. Tlie supreme court unanimously declau'd its opinion tliat the ]\lanitolja act is valid, and the railway constructed under it entitled to cross the C.P.R. subject to the approval of the railway committee, as jirovided by the Rail- way Act. Sec Ueport of argument before the supreme court on this ques- tion, Ottawa, - ^S8. Legal News (ISSU) vol. xii. 4. 5. ests c terfer gover judii>i rive ri apply ture h accoui that ti: cate n i'ederal that of within i't^^roac provint in case bably g; case, ''n of statu atiou, as claim to will uIm unless i] the act i lature tl re(?o,gniz ' Can. The ininci wereeiiij>h file act pass ■^esmts' Est '•f.^ond the ••vjiich ua„ viously ad\ matter wit' 'hat accord m. Itisn whenever i J)iSALLO]VAN( I-: OF J'liOViyCIAL ACTS. 81 ests of Canada as a whole imperatively call for such in- terference. The powers and responsibilities of the general government in this matter have been well set forth by judicial authorities: "There is no doubt of the preroga- tive right of the Crown to A'eto any provincial act, and to apply it even to a law over which the provincial legisla- ture has complete jurisdiction. But it is precisely on account of its extraordinary and exceptional character That the exercise of this prerogative will always be a deli- cate matter. It will always be very dilhcult for the federal government to substitute its opinion instead of that of the legislative assemblies, in regard to matters within their jurisdiction, without exposing itself to be reproached with threatening the independence of the provinces." The injurious consequences that may result in case a province re-enacts a law, are manifest : ' pro- bably grave complications would follow." And in any case, '• under our system of government, the disallowing of statutes passed by a local legislature after due deliber- ation, asserting a right to exercise powers which they rlaim to possess under the British North America Act, will always be consid(M*ed a harsh exercise of authority, unless in cases of great and manifest necessity, or where the act is so clearly beyond the powers of the local legis- lature that the propr'«'ty of interfering would at once be recognized." ^ ' Can. Sui). Court R., vol. ii. 1. iclumls, C. J., 1 (i ; Fonniier .T., lol. Tho piiiu'iples laid dowii in the roniurks of the learned judges, cited above, wereeniphatirally ur;j;ed n the House of Commons iii the debate of ISSO on the act passed by tlio lo;:islaturo of (^'i^'^'i-'^' respeotin;.' the .settlement of the Jesuits' Estates, which, some fontende.d, ouj:lil to liave been disallowed as beyond the power of the legislature, for reasons set forth in a resoUition '.vhioh was nejjratived by 1S8 to il!. The dominion government had pre- viously advised the governor-general that tlie aot ilealt with a tiscal matter within the exehisive jurisdiction of the Quebec legislature, and tluit acconlingly it should be left to it.s operation. Can. Hans. (1SS1») SlI- !dO. It is now generally admitted that it is advisable to leave the courts, whenever practicable, to deal with all (questions involving matters of '■;■ /! 88 J'A]ILIAM/:\TARY INSTITVTIONS IN CANADA. Ill *• :m XII.— Distribution of Legislative Powers.— Ill the distribution of the logishitive powers entrusted to the gvneral parlia- ment and (lie local legislatures respeetively, the constitu- tion makes such an enumeration as seems well adapted on the whole to secure the unity and stability of the dominion and at the same time gives every necessary free- dom to the several provinces in the management of their local and municipal affairs. In arranging this part of the constitution, its framers had before them the experience of eighty years' working of the federal system of the United States, and were able to judge in what essential and fundamental respects that system appeared to be de- fective.' The doctrine of state sovereignty had been pressed to extreme lengths in the United States, and had forlned one of the most powerful arguments of the advo- coiistitutional controversy, aiul to reserve tlie power of disallowaiu'e for iincoiistitutional legislation, or for cases, should they ever happen, involv- hv^ the jieace, liarinoiiy, or good faith of the ( 'onfederation. tr^ee JSourinot, Fedeial Government in Canada, (iO. In the session of lSiM», the IIouso of C(juimons agreed to an important resolution proposed by Mr. Edward Biake, tiiat " it is exi)edient to provide means whereby, on solemn oc- casions touching the exercise of tiie power of disallowance, or of the appellate power as to echicational legislation, important questions of law or lact, may be referred by the executive to a high judicial tribunal for hearing and consideration, in such mode that the authorities and i-ar- ties inteiested may be represented, and that a reasoned ojjinion may be obtained for ilio information of the executive." At juesent there is no provision for a " reasoned opinion ;" in the cases of the^Ianitoba rail- way ci'ossings (stated in the text) and of the Liquor License Act {'nifnt, llo) the court stated no grounds for the conclusion which it gave short\ for the information of the executive. Tender the ])roposition set forth above the Crown would have the power to submit a question to the court, aiul give the opportunity to all parties interested to appearand be heard. In such a ca.se the decision would not be binding on tho gov- ernment ; they would not be relieved of any responsiliility, but could dissent from the conclusion if they thouglit proper. Seo remarks of i?ir John Macdonald and Mr. E. J'dake on the<]uestion. Ilans.40S;j-4()04. ' Sir .f. A. Macdonald, Conf Del) , ISG"), p. 32: " .1 am strongly of opin- ion that we have in a great measure avoided in this system which we propose for tjio adoption of the people of Canada, the defects which time and events have shown to exist in the American constitution," kc. rates ( that aj goveri Now, i verse strengi veutin; vinces ates li'o ment, v ^^^e peoj the con.v Tills im wisdom IcgisJatu the i^an^} ity over oJ' trade ••"^lipping f^^rs of d( hand the i>"hition t of public of coinpai lights in • ThelOth fhe United S are reser\ed ii"t aj)pcar in aniendmeiits i!ie .States. "f < 'oiigress, ] '"^ii- J. A. 3 f 'lat groat son "^'t'le United iii:lhority,"et ■B. N. A. A DISTRJBVTIOX OF LEGISLArTVE I'DWERs. 89 oates of secession. This doctrine had its origin in the fact that all powers, not expressly conferred npon the general government, are reserved in the constitntion to the states.' Now, in the federal constitution of Canada the very re- verse principli^ obtains, with the avowed object of strengthening- the basis of the confederation, and pre- venting conllict as far as practicable between the pro- vinces that compose the union.- This constitution eman- ates from the sovereign authority of the imperial parlia- meut, which has acted in accordance with the wishes of the people of the several provinces, as expressed through the constitutional medium of their respective legislatures. Tliis imperial charter, the emanation of the combined wisdom of the imperial parliament and the subordinate legislatures of the several provinces alfected, confers upon the general government the exclusive legislative author- ity over all matters respecting the public debt, regulation of trade and commerce, postal service, navigation and shipping, Indians, census and statistics, and all other mat- ters of dominion import and signiiicance.' On the other hand die local legislatures may exclusively make laws in it^laTion to municipal institutions, management and sale of public lands belonging to the province, incorporation of companies with jnovincial objects, property and civil rights in the province, and " generally all matters of a • TlielOth art. of tlif Am. Cong, lea^ls: '' Tla' ])o\Vfrs not delegated to the United States by tlie eonjstitutiun, nor prohibited l)y it to the States, are reserved to the States respectively, or to the people.'' This art. did not appear in the tirst constitntion of 1787, but was ajjreed to with other amendments by the llrst congress in 178!), and snbseqnently rat i tied V)y the States. See Smith's Cons. -Manual and Digest, published by order of Congress, 1877. Also, Story on tiie Constitution (Cooley's 4th ed.), ss. inijtj-l'JOU; Bourinot, Canadian Studies in Comparative Politics, 44-48. Sir J. A. ^lacdonald, Conf. Deb., 18ti5, p. 33 : " Wo have thus avoided that groat source of weakness which has been the cause of the disruption of the United Slates. AVo have avoided all conllict of jurisdiction and iimhority," etc. ■■ B. N. A. Act, 1807, s. 'Jl. See appendix to this work. 1 I! \ 'i ItM :!' 1 i/ l1 no I'MILIAMENTMIY IXSTITUTIONS IN CANADA. merely local or private nature iii the province." ' Tiie provincial Icg'islatures have also exclusive powers oi' lec'is- lation in ;o\v i'>riin.s\vi(;k .^cheol Law coiitrovorsy, Toild, I'arl. Gov. in tl.e Colonies, .'i4(l-;;.")L' ; Can. Hess. 1'. 1877, No. S!i. A reference to the coiivs- pondeiice on tiiis vexeil (luestion <-learly shows tiuit b(jth tlie inijjei'ia and dominion authorities concurred in the vieu- tliat it is not proper i'm- the federal aiith■. Grainger il til., Jo (rrant, Ch. 57il. "'B.N. A. Act, s. Ji,-). '■"The !,'overnment of the I'nited States is one of enumerated powers, and the governments of the States jiosgess all the general powers of \k-\i\>. latiou. Here (in Canada) we have tiiB exact oi)posite. The powers of the provincial LTovernnients are enumerated, and the dominion govern- ment possesses the general p:)wers of legislation." Ritchie, C. J., Can. Sup. Court li.,]:itii April, ISSO, vol. iii. ooti. The d "to IT ofCai; the ch the \i}( this 8] coming in this genera in the ]n-ised signed \t mi the ope :id;i, doi govern 1 fire not the povv grave di a rule, a of the ji high supreme 1875, in N^orth A stitution of appeal diction ii amine an ' See /)//'/•( Act," sliowii this provisi ^■3SVict., Si),o. i:iJ5, .ss. 72-74. The lojrislature of Ontario in 1S77 jiassed 40 Vict., c. .5, aiithorizin>r such references. See Ont. lle.y, Stat. {1SS7) e. 42. The legislature of Nova Scotia has also passed a .similar act. Rev. Stat, .jtii serie.* c. 111. Also British C'oliindiia, 44 Vict., c. G. 'See Cas.sells, I'ractieo of tiie su))renie court of Canada, 4, 75, 70 : Le-ral News, 1J-61>, 2.sl, 2S:;. Doiu. Kev. Stat. (ISSG) e. 1:55. Tiio judi:- ment of the supreuie court is now final in crinunal matters. See 51 Vict., 43, repealing 50, 51 Vict. c. 50, s. 1, sub. s. 5. Jjv 50-51 Vict. c. Ki, all oriL'inal exchequer court jurisdiction was taken away from the supreme court jndges, and au exchequer court, composed of one judge specially constituted. Ameri counc: ready of con every - that n: writtei some o tribune conclus tivo po' In IS posing- c ces the ( of the H the com provisioi exckisivi of legish vinces, ii ization o tion, and matters i the supre court of f That w not, the d to the suj judg-es th( of trying ' See Cartw issued. ^"The Doi (Rev. Stat, of t.M DKCISIONS ON QUESTIONS OF Jl'RisDKTION. 03 America Act, 18(57, hav(i alrondy been rel'errcd to the privy council and to the suprerat^ court of the dominion. Al- ready in Canada, as iu the United States, a large amount of constitutional learning and research is being brought every year to the consideration of the perplexing questions that must unavoidably arise iu the interpretation of a written constitution.' It will be probably useful to cite some of the more important decisions given by the high tribunals just mentioned, with the view of showing the conclusions they have formed with respect to the legisla- tive powers of the dominion parliament. Coniroverted Elections. In 1874, the dominion parliament passed an act im- posing on the judges of the superior courts of the provin- ces the duty of trying controverted elections of members of the House of Commons.- The question was raised in the courts, whether the act contravenes that particular provision of the 92nd section of the B. N. A. Act w^hich exclusively assigns to the provincial legislatures the power of legislating for the administration of justice in the pro- vinces, including the constitution, maintenance and organ- ization of provincial courts of civil and criminal jurisdic- tion, and including procedure in civil (not in criminal) matters in those courts. The question came at last before the supreme court of Canada, which, constituted as a full court of four judges, unanimously held: That whether the act established a dominion court or not, the dominion parliament had a perfect right to give to the superior courts of the respective provinces, and the judges thereof, the power, and impose upon them the duty, of trying controverted elections of members of the House ' See Cartwriglit's cases under the B.N. A. Act of ]8o7, 3 vols, already issued. ^ " The Dominion Controverted Elections Act, 1874 " ; ."7 Vict. c. 10. (Rev. Stat, of 1886, c. 9) h' ft-' ^ ^1 it ,.1; : ■:|til i' 1:: ■; 1 , : 1 1 ■ ^ '■'' 1 • t t ' ■1 ' ' '■■'■: :\ i ■ j- ■ ■■ ■■' 1. f 1 t-l 1' I -i t' ' li' 1,' LSI i 04 l'Ani.!AMi:STAi:Y IXSTITUTIONS LV CASADA. oF Commons, and did not, in utilizint? oxistiny judicial olUcors and cstablisht'd courts to discharg-o tlu^ dutios as- sianed to thom by that act, in any particular in /ado the rights ol' the h)cal logishiturcs. That upon the abandon- ment by the House of Commons of the jurisdiction exor- cised over controverted ek'i tions, without express legisla- tion thereon, the power of dealin<>- therewith would fall, i])M) fdcto, within the jurisdiction of the superior courts of the provinces by virtue of the inherent orig-inal jurisdic- tion of such courts over civil rig'hts. That the dominion parliament has the riiJ-ht to interfere with civil rig'hts, when necessary for the purpose of legislating generally and eliectuiiUy in relation to matters confided to the par- liament of Canada. That the exclusive power of legisla- tion given to provincial legislatures by sub-s. 14 of s. 92 B. N. A. Act oviM' procedure in civil matters, means pro- cedure in civil matters within the powers of the provin- cial legislatures.' Application was made to the privy council for leave to appeal from the foregoing judgment of the supreme court. Their lordships, iu refusing such leave, expressed these opinions : That there is no doubt about the power of the dominion parliament to impose new duties upon the existing pro- vincial courts, or to give them new powers as to matters which do not come within the classes of subjects assigned exclusively to the legislatures of the provinces. That the result of the whole argument offered to their lordships had been to leave them under the impression that there was here no substantial question requiring to be deter- ' Can. Sup. Court R.. vol. iii. Valin m, Langlois. This case came before tlie court on appeal from the judgment of Chief Justice Mereilith, of the superior court of Quebec, declaring the act to be within the compel oncy of the dominion parliament, 5 Q. L. R., No. 1. The Ontario court of com- mon pleas in 1878 unanimously agreed that the act was binding on them. Ont. Com. P. R. vol. xxix. 2G1. But certain judges of Quebec held adverse opmions. Quebec L. R., vol. v., p. 191. mmec the m to disi other o!The (l-'cisic to adv: In a decisio clectioj Englaii that th( di?cid(Hl that no the bod appeals appeals which tJ In 187 ruled " A iii't" insu ground ]iower to power to tive auth ^ub.-s. 2, merce." lourt of within th ' 5 App. Ci ' t^longarr^ Piactice, 86; ' 39 Vict, Di:c/,si()ys ON (ji'usTiox.s or .iviusincrios'. 95 inin*'tl, iind thui it would bo much moiv likely to unsettle th»' minds of lu'V M:ijt'sty's subjects in the dominion, and to disturb in tin ineonvenient manner the lei^islative and other proceeding's there, if they were to g'rant tlie prayer of the pt'tition and so throw a doubt on the validity of the decision oi' the court ol' appeal below, than it' they were to advise her Majesty to refuse it.' In a later ( ase it was decided that no appeal i'rom the decision of the supreme; court of Canada in a controverted clettion case will lie entertained by the privy council of Eniiland. In givini^ their judgment their lordships stated that there are strong reasons why such matters should be decided within a colony, especjiilly it is " most important that uo long time should elaps»» before the constitution of the body is known ; and yet if the Crown is to entertain appeals in such cases, the necessary delays attending such appeals would greatly extend the time of uncertainty — which the legislature has striven to limit." - 'ill! ' pi 1 1 if •111 1'' \ Fire Tnsjt ranee. In 1870, the legislature of Ontario passed an a(^t ' inti- ruled " An act to secure uniform conditions in policies of iire insurance." This statute was impeached on the ground mainly that the legislature of Ontario had no power to deal wath the general law of insurance ; that the pow^er to pass such enactments was within the legisla- tive authority of the dominion parliament, under s. 91, sub.-s. 2, B. N. A. Act, " regulation of trade and com- merce." The question having come before the supreme court of Canada, it held that the act in question was within the competency of the Ontario legislature, and is ' 5 App. Cas., 115. - Glonsarry Case, Kennedy r. Purcell, 7th July, 1S8S. See Cassells's Piactice, 8G; Can. Sup. Court R,, vol. xiv. 453-515. •' 39 Vict., c. 24; Ont. Kev. Stat., c. 167. I i yi' Mwim I ilil: no i'.iiif.i.iMi:xTAny lysruiTioys jn < axada. applicablo to insuniiico < oinpiinios, whothcr lor»Mn-n or in. »'orponit('(l l)y tlu> dominion ' Tht' (HU'slioii ciiiiu' linally ht'lorc tlio privy rouucil oii appeal I'roni the supremo court of Cauiula, aud llu'lr lora- sliips dt'tidt'd : That lonslruiuy the words " re^'ulatiou of trade and commerce" by thi' various aids to their interpretation, they would include political arrangements in regard to trm.do aud recpiirint^- the sanetion ol' parliament, regula- tion ol" trade in matters of inter-proviniial eoueeru, and it may l)e that they would include ueneral re«:^-ulati(m ot" trade alleetins* the whole dominion. Their lordships, however, abstained from any attempt to deline thi' limil.s of the authority of the dominion parliament in this direc- tion. It was sullicient for the decision of the ease under review to say that, in their view, its authority to legis- late for th»> regulation of trade and » ommerct; does not I'omprehend the power to regulate by legislation the ( on- tracts of a particular business or trade, such as the busi- ness ol" lire insurance, in a single province, and there- fore that its legislative authority did not in the present case conllict or compete with the pow^T over property and civil rights assigned to the legislature of Ontario by sul)- section 13 of section !>2. That the act in question, so far as relates to insuranct^ or property within the province, may bind all lire insurance companies, whether incorpor- ated by imperial, dominion, provincial, colonial, or foreion authority. That the act of the dominion parliament,- re- quiring insurance companies to obtain licenses from the minister of finance as a condition to their carrying on business in the dominion is a general law applicable to ■ Can. Sup. Court R., vol. iv. L'lo-o4!>. The Citizens and tlie Queen luti. Cos. r. I'arsons, Western Insurance Co. r. Johnston. This judgment of tlio supreme court allirmed the judj^nients of tiio court of appeal for On- tario (4 Ai)p. Hop., Ont., *JG, 103), which had ailirmed the judgments of the queen's bench ; 43 U. C, Q.B. I'Gl, 271. - 38 Vict., c. 20. /brcfoj feres ^^ late in enter i Sine* the end have b •ompan same pc that do now ant elovmi o turtvs ibr eomj)r(.'h object is •I «om])aii J>rovince, lal iedera. •-outaiiis s nion ])arli ance agaii contract, a tlopend up the busine •outracts u other perso or provinci 1)0 war to re •'iiibrced w] npon whicl ^'i permittei the provinc( ' ^-5 L. T. X s ance Cos. v. Pan ' i-'ournier, J. ' Harrisuii, (". i r I ■ f hi:cisi(K\s o.v QrtsTK^ys or jcrisdiction. !>7 ror<'iu'ii and doun'stic covporadions, and in no way iiilor- I'tTos witll I he iiuihority of the Ontario It'jL^islatnro to Icg-is- lati> in it'lation to the contracts which corporations may enU'Y into in that provinc»^' Sinci'tlio llrst s»»8.sion of tho dominion parliament until th«3 end of that of 18HG, botwot'n thirty and forty statuttvs have boon i)assod relating to insuranoi^ and insurance lompanios. Tln' local loi:>'islaturcs have also durini>- the same period granted acts of iniorpor;\tion to companies that do business within the limits of a province. It is now authoritatively decided that the terms of paragraph eleven of section 02 (giving powers to provincial legisla- tures lor provincial objects,) are considered sulli»,'iently comprohtMisivo to include insurance <'ompanies, whose object is to transact lousiness within provincial limits. If a company desiri' to carry on operations outside of the province, it will com*; under the provisions of the gene- ral federal law, to which it must conform, and which contains special provisions for such purposes.- The domi- nion parliament may give power to contract for insur- ance against loss or damage by lire, but the form of the contratt, and the rights of the parties thereunder, must depend upon the laws of the country or province in which the business is done.' Policies of insurance being mere contracts of indemnity against loss by fire, are, like any other personal contracts against parties, governed by local or provincial laws. The provincial legislature has the power to regulate the legal incidents of contracts to be enforced within its courts, and to prescribe the terms upon which corporations, either foreign or domestic, shall be permitted to transact business within the limits of the province — the power being given to local legislatures \i::\ ' i''r ' 45 L. T. N. S. 721 ; Curtwright, i., 20.'). The Citizens and Queen Insur- ance Cos. V. Parsons. ' Fournier, J., .Sup. Court R., vol iv. 277,278. ' Harrison, C.J.,4a U. C. Q.13. 201 ; Doutre, 207. 7 98 rAIiLIA.VKNTARy IXsTITlTIONS IN CAXADA. ^f ■ 4U ^ by the coustitutiou to legislate upon civil rights and pro- perty.' The privy council, in their judgment, confirming that of the Canadian courts, made special reference to the fact that dominion k-gislation has distinctly recognized the right of the provincial legislatures to incorporate insur- ance companies for carrying on business within the pro- vince itself. - In this connection it is necessary to refer to the fact that certain legislation in the province of Quebec aft'ect- ing insurance companies has been declared beyond the competency of the local legislature. The act in question (39 Yict., chap. *7) imposed a tax upon the policies of such insurance companies as were doing business within the province. The statute enacts : That every assurer carry- ing on any business of assurance, other than that of ma- rine assurance exclusively, shall be bound to take out a license in each year, and that the price of such license shall consist in the payment to the Crown for the use of the province at the time of the issue of any policy or making or delivery of each premium, receipt, or renewal, of certain percentages on the amount received as pre- mium on renewal of assurance, such payments to be made by means of adhesive stamps to be affixed on the policy of assurance, receipts or renewals. For each contraven- tion of the act a penalty of fifty dollars is imposed. The question of the constitutionality of the act came before the judicial committee of the privy council, who decided ; That the act was not authorized by sub-sections two and nine of section ninety-two of the B. N. A. Act with lespect to direct taxation and licenses for raising a revenue for provincial, local or municipal purposes. That a license act by which a licensee is compelled neither to take out nor pay for a license, but which merely provides ' 4 Ont. App. 109. - See 40 Vict., c. 42, s. 2S ; Rev. Stat, of Can., c. 124, s. 3. star the virt imp( ceipi or re not T ninet taxati provi] In J m vk (18 Vic t^'rectioi <^^'hnrch ScotJan, ment th of Caua <'hnrch ^ proviuci *\vo acts Q lie bee ^ time the to amend 0. 66), wi ' 3 App c ^-■oiirt oi\jue( *^ourtofLo\v "~ ; 22 I/j, -( '"te iniposinj ■ I'Jiis cliui «e''ves iuiids Ml' ■! DJWISIONS OX QrKSTIONS OF jriilsiUCTIOX. 09 that the price of a license shall cousist of au adhesive stamp, to be paid in respect of each transaction, not by the licensee, but by the person who deals with him, is virtually a stamp act, and not a license act. That the imposition of a stamp duty on policies, renewals and re- ceipts, with provisions for avoiding the policy, renewal or receipt in a court of law, if the stamp is not affixed, is not warranted by the terms of sub-section two of section ninety-two, which authorizes the imposition of direct taxation within a province in order to raise a revenue for provincial purposes. ' Temporalities Fund of the Presbyterian Church. In pursuance of authority given by the imperial act (16 Yict., c. 21,) the province of Canada passed an act (18 Vict., c. 82,) in consequence of whi^Ji, in 1885, an arrangement was made with the government for the erection of a temporalities fund of the Presbyterian church of Canada in connection with the church of Scotland ; - and an act of incorporation for the manage- ment thereof was obtained (22 Vict., c. (jiS) of the province of Canada. In 1874 it was decided to unite the said church with three other churches. Subsequently in the provinces of Ontario and Quebec, the legislatures passed two acts (38 Vict., ch. *75, Ont. Stat, and 38 Vict., c. 62. Quebec Stat.), to give effect to this union. At the same time the Quebec legislature passed an act (38 Vict., c. 64) to amend the act of the late province of Canada (22 Vict.. c. 66), with a view to the union of the four churches, and ' 3 App Cas. 1090 ; Ciirtwright, i., 117. On appeal from a judirinentof the court of queen's benoli of Quebeci, allirming a judgment of tho superior court of Lower Canada that the act ie xdtm fires. IG L. C. J., 198 ; 21 Ih. 77 ; 22 ]l>. o07. See infra, 122 for a later decision upon a Quebec Sta- tute imposing taxes on commercial corporations. - This church was entitled to share in the proceeds of tlio clergy re- serves funds by virtue of certain imi)erial statutes. See supra, do. I'i'iH f fsr. ! ■ iii'i 1 ■■l'-!Pfi f I;' 4;^ 100 PABl.IAMENTAKY INSTITUTIONS IN CANADA. II to provicL? for the adraiuistratiou of the temporalities fund. The uuion was subsoqueutly carried out in accord- ance with the views of the hirgej majority of the church iu question ; but a small minority protested against the union, and tested the validity of the Quebec Act, 38 Vict., c. 64. The matter was finally carried up to the privy council, which decided : That the Act (22 Vict., c. 60) of the province of Canada, which created a corporation hav- ing its corporate existence and rights in the provinces of Ontario and Quebec, afterwards created by the B. N. A. Act, could not, after the coming into force of that act, be repealed or modified by the legislature of either of these prurinces, or by the conjoint operation of both provincial legislatures, but only by the parliament of the dominion. That the Quebec act of 1875 (38 Vict., c. 64), which as- sumed to repeal and amend the act of the late province of Canada, was invalid, inasmuch as its professed object and the effect of its provisions was to destroy, in the fir.st place, a corporation which had been created by the legis- lature of Canada before the union of 1867, and to substi- tute a new corporation ; and, in the second place, to alter materially the class of persons interested in the corpor- ate funds, and not merely to impose conditions upon the transaction of business by the corporation within the province. ' The result of this judgment was the passage of an act by the parliament of Canada in 1882, to amend the act of the late province of Canada (22 Vict., c. QQ), with respect to the " management of the temporalities fund of the Presbyterian church of Canada, in connection with the church of Scotland," and the acts amending the same.- ' 7 App. Cas. 136 : Cartwright, i., ool ; Dobie r. tho Temporalities Board. Appeal on special leave from a judgment of the court of queen's bench (3 L. N., 244), affirming a judgment of the superior court of the district of :\Iontreal ^3 L. N., 244) ; Dontre, 247-205. ' 45 Vict., 0. 124. Also, cc. 123 and 125. hi titule sale o ofthij sale 01 fo<'ture haviiio iiig Jifj the ("Oil power t Were to any Jfce by whol fore the stantiaJJ^ That it ^t^S'islatui sale of fe: power to "latter of ^"^'^^li as d 'ommercel •^^^'I'ved by| America PariiamenJ posed by a 0^' trade, ail That undel ^;'gislatiirej ^ieoph mn 11 DECISIOXS ON QUESTIOXS OF JURISDICTIOX. 108 fisheries to issue liconsos to parties to lish in rivers such as that described, where the provincial government has before or after confederation granted lands that ar<^ bound- ed on, or that extend across such rivers ? The court de- cided : That the license granted by the minister of mar- ine and fisheries was void, because the act in question only authorizes the granting ^f leases "where the exclu- sive right of fishing does not already exist by law," and in this case the exclusive right belonged to the owners of the land through which that portion of the river Hows. That the legislation in regard to "inland and sea fish- eries" contemplated by the B. N. A. Act is not with re- ference to property and civil rights — that is to say, not as to the ownership of the beds of rivers or of the fisheries, or the rights ol individuals therein, but to subjects afiecting the fisheries generally, tending to their regulation, protec- tion and preservation, matters of a national and general concern ; in other words, all such general laws as enure as well as to the benefit of the owners of the fisheries as to tliC public at large. That the parliament of the do- minion may properly exercise a general power for the protection and regulation of the fisheries, and may author- ize the granting of licenses, where the property, and therefore the right of fishing thereupon, belong to the dominion, or where such rights do not already exist by law ; but it may not interfere with existing exclusive rights of fishing, whether provincial or private. That eonsec[uently any lease granted by a dominion minister to fish in freshwater non-tidal rivers, which are not the pro- perty of the dominion, or in which the soil is not in the dominion, is illegal ; that where the exclusive right to fish has been acquired as incident to a grant of land through which such river flows, the Canadian parliament has no power to grant a right to fish. That the ungranted lands in a province being in the Crown for the benefit of the people, the exclusive right to fish follows as an in- : 1 . ! i ■ 4 i, ' ; I ■■■ rS:, ■ i 1 d 1 I'l t : \ i; m ■ r 1 ■ " t' \ 104 PARLIAMKyTARY /XSTITITIC'SS IX CAXAPA. \m ^ ' t ■ ii I cident, and is iu the Crown jis trusteo for the benefit of the people of the province, and therefore a license by the minister of marine and fisheries would be illegal.' Canada Temperance Act. In 1878, the parliament of the dominion pnssod an act cited as the " Canada Temperance Act, 1878." - The pre- amble sets forth " that it is very desirable to promoh^ tem- perance in the dominion, and that there should be uni- form legislation in all the provinces regarding the traffic in intoxicating liquors." The act is divided into three parts, the first of which relates to " proceedings for bring- ing the second part of this act into force ; " the second to " prohibition of traffic in intoxicating liquors ; " and the third to "penalties and prosecutions for oflences against the second part." The effect of the act when brought into force in any county or town within the dominion is. describing it generally, to prohibit the sale of intoxicating liquors, except in w^holesale quantities, or for certain specified purposes, to regulate the traffic in the excepted cases, and to make sales of liquors, in violation of the pro- hibitions, and regulations contained in the act, criminal offences punishable by line, and for the third or subse- quent olfence, by imprisonment. The supreme court of New Brunswick in 1870 decided ' that the act was nffra vires, but the supreme court of Canada subsequently held that it was within the competency of the parliament of Canada, and inter alia that under the second sub-section of the 91st section of the B. N. A. Act, " regulation of trade 'Can. Sup. Court R., vol. vi. 52-143. The Queen vs. Robei'tson. On appeal from tlie excliecjuer court (Gwynne J.), which held vn/- r alw that the exclusive rights of fishing existed in the i)erson liavin;.' the convey- ances. The supreme court of >»'o\v Brunswick had also decided adverse- ly to the exclusiv'» right of the lessee of the dominion government to fish under his lease. 2 Pug. and Bur. 5S0. -41 Vict. c. 16; Rev. Stat, of Can. c. 100. ■' 3 Pug. and Bur., 139. and c( lating or any the pri but has unu'^^e, Their 1 act fallj erated i vincial r». 8h. ill order niuniiip l;^. Pr nature ii Their within n iviisons : The ac on the CO inish rev passed b authority posing th derived b low that virtue of i ord.-r and prop.u'ly eivil right close simi sale or cus plosive su public ord ' Can. Sup. . W; ih ill ii DECISIONS ON Ql'ESTIONS OE JURISDICTION. 105 and commorce," parliament alone has the power of regu- lating the traffic in intoxicating liquors in the dominion or any part of it.' The whole matter c^ame finally liefore the privy council who do not dissent from this opinion, but base their deiasion on other grounds which render it unnecessary to discuss the question of trade and commerce. Their lordships considered fully the point wln'ther the act falls within any of the three classes of subjects enum- erated in section 02 and assigned exclusively to the pro- vincial legislatures, viz. : 0. Shop, saloon, tavern, auctioneer, and other licenses in order to the raising of a revenut* for provincial, local or municipal purposes. 1:1. Property and civil rights in the province. 1(). Generally, all matters of a merely local or private nature in the province. Their lordships decided that the act does not I'all within any of these classes of subjects, for the following reasons : The act is not a fiscal law — a law ibr raising revenue ; on the contrary the ell'ect of it may be to destroy or dim- inish revenue; and consequently could not have been passed by the provincial legislature by virtue of any authority conferred upon it by sub-section 1>, And sup- posing the etiect of the act to be prejudicial to the revenue derived by the municipality from licenses, it does not fol- low that the dominion parliamcmt might not pass it by virtue of its general authority " to make laws for the peace, ord->r and good government of Canada." The act does not properly belong to the class of subjects, "property and (nvil rights." It has in its legal aspect an obvious and close similarity to laws which place restrictions on the sale or custody of poisonous drugs, or of dangerously ex- plosive substances. The primary matter dealt with is the public order and safety. Upon the same considerations ' Can. Sup. Court R., vol. iii. 505-r)74. i 1 ,\ ■«• [. iVlift t ' 1 i ■ ' '1 ■i' ■ if !■' ; 1 ;■ : ' i-fK ■t lOG PARf.IA.VEXTARY IXSTITrTlOXS IN CANADA. the act canuot be regardod as legislation in relation to civil rights. In however larg-e a sense these words are used, it could not have been intended to prevent the parliament of Canada from declaring and enacting certain uses of pro- perty and certain acts in relation to property, to be crim- inal and wrongful. Laws designed for the promotion of public order, safety or morals, and which subject those who contravene them to criminal jirocedure and punish- ment, belong to the subject of public wrongs rather than to that of civil rights. They are of a nature which fall within the general authority of parliament, to make laws for the order and good government of Canada, and have direct relation to criminal law, which is one of the enum- evited classes of subjects assigned exclusively to the parliament of Canada. Few, if any, laws could be made by the parliament for the peace, order and good govern- ment of Canada which did not in some incidental way affect property and civil rights ; and it would not have 1)een intended, when assuring to the provinces exclusive legislative authority on the subject of property and civil rights, to exclude the parliament from the exer- cise of this general power whenever any such incidental interference would result from it. Their lordships cannot concur in the view that the act "which in effect authorizes the inhabitants of each town or parish to regu- late the sale of liquor, and to direct for whom, for what purposes and under what conditions spirituous liquors may be sold therein, deals with matters of a merely local nature." ' On the contrary, the declared object of parlia- ment in passing the act is that there should be uniform legislation in all the provinces respecting the traffic in intoxicating liquors, with a view to promote temperance in the dominion. The act as soon as it was passed be- came a law for the whole dominion, and the enactments of the first part relating to the machinery for bringing the second part into force, took effect and might be put into motion j «pplicat the act i ter." Th n. remed] the domi localizes ill an ac cattle tha it should mere loca this kind the special filter its cl The imnj the Temper of Canada, i ^aleof intoj for." The ior Iegi.slati( ill the sale uniform law uion ; that p •servation of issue of lict wholesale sary to the e I '"^'t'o judginenf ' -Judgment of on the appeal Woodward, fron •Tune, 1882. 7 A ' 46 Vict., 0.30; l'^83,p.i4). But DfCCTSIoyS ON QUESTloXS OF JVniSDICTfON. 101 motion at once and overywhere within it. The conditional application of cortaiu parts of the act does not convert the act itself into legislation affecting a purely local mat- ter.' The legislation in question is clearly meant to apply a remedy to an evil which is assumed to exist throughout the dominion, and the local option, as it is called, no more localizes the subject and scope of the act than a provision in an act for the prevention of contagious diseases in cattle that a public officer should proclaim in what districts it should come into eltect, would make the statute itself a mere local law for each of these districts. In statutes of this kind the legislation is general, and the provision for the special application of it to particular places does not alter its character. - Liquor TmJ/ic in the Provinces. The immediate effect of this important judgment on the Temperance Act was the passage by the parliament of Canada, in the session of 1883, of "an act respecting the sale of intoxicating liquors and the issue of licenses there- for." The preamble of the act sets forth as the grounds lor legislation that "it is desirable to regulate the traffic in the sale of intoxicating liquors ; that there should be a uniform law regulating the same throughout the domi- nion ; that provision should be made for the better pre- servation of peace and order." The act provides for the issue of licenses to hotels, saloons, shops, vessels and wholesale dealers, and exacts only such fees as are neces- sary to the execution of the act.' 1 ! ' A i \ . '1^ 'I ' See judgment of Allen C. J., 3 Tii^'. and Bur. 130. - Judgment of the lords of the judicial committee of the privy council on the appeal of Charles Russell vs. The Queen, on the information of Woodward, from the supreme court of New Brunswick, delivered 23rd June, 1882. 7 A pp. Cas., 829. ' 46 Vict,, c. 30; (see reference to subject in his Excellency's speech, Jour. 1S83, p. 14). But strong objections were taken in the House of Commons mi^ ■'I i h 1 UMlill 108 PAlUJ.\Mi:yTAHY ISSTITUriOS.S rX CANADA. Subsequent to the passage of this act, the Judicial committee of the privy council rendered a judgment which has a verj- important bi'aring on the question of jurisdiction in the matter of the regulation of liquor tralhc in a province, and consequently on the constitutionality of the measure just mentioned. Tht^ fourth and lifth sections of the Liquor License Act ' of Ontario, whic^h has come under the review of the privy council on the ap- p(>al of Hodge v. the Queen from the court of appeal of the province, authorizes the appointment of license com- missioners to act in each municipality, and empower.^ them to pass resolutions for deiining the conditions and qualilications requisite to obtain tavern or shop licenses for sale by retail of spirituous lic|Uors within the muni- cipality ; for limiting the number of licenses ; for declar- ing that a limited number of persons qualilied to have tavern licenses may be exempted I'rom having all the tavern accommodation n^quired by law ; for regulating licensed taverns and shops ; for defining the duties and powers of license inspectors. These commissioners may also impose penaL'ies for an infraction of their resolutions. The sale of intoxicating liquors is also prohibited in the act, under penalties, from Saturday evening. 7 o'clock, to Monday morning, 6 o'clock. By virtue of this act, the license commissioners of Toronto passed certain resolutions for the regulation of taverns and shops in that city. Subsequently, Mr. Hodge, a proprietor of an hotel, who was duly licensed to .sell liquor, and to keep a billiard saloon, was convicted and fined before the police magistrate of Toronto, for unlaw- fully permitting a billiard table to be used, and a game to the act on tlio grouml (as .set forth in a resoUition) that "the parUament of Canaila should not as.sninejnristliction, as proposed by tlie said hill, until the question of jnrLsdii'tion has l)een settled 1)\- the court of last re- sort." Can. Com. J., 18S3, May 22. See Can. Hans., .^lav IH, 21 and 22. •K.S. O. [lS77]c. ISl. to bo p act, aiu after 7 c quashed ing the the subj delegate commiss appeal 1"( queen's 1 i:<'isi"Ss o.v (jiHsrios's or jri:isinrnn.\. Ill 1)1 coiisi*!!'!'!!!!^' Ihc suhjt'rl-iuiittcr mihI lt'«;i.sl;itivi» cliar- a«t''r ol'stM'lions lour iind live of tin; jjicciisc Art of Onta- rio (lis j^ivcn ill a previous piiyc) llicir lordships point out that thi act " is so lar <'onliiu'(l in its operations to rnunicipalilit's in tho province ol' Ontario, and is t'ntirtdy lociil in its characlcr and operation." The mat tors dealt with in the sections mentioned " s»»eni to he ol' a purtdy local natun; in the provin«;e, and to l)e similar to, thoug'h not idontieal in all i-i'spects with, the jjovvers then helonu- inc to municipjil institutions under the previously exist- inu' laws passod hy the local i)arliaments." Their lord- ships consequently decide: "The powers intended to be conlerred l)y tho act in question, when properly under- stood, are to niak(> re<>ulations in the nature oi* police or municipal regulations oi' a mmvly local character lor the u'ood Li'ovei'nuient oi' taverns, etc , licensed lor the sale ol' li(piors by retail, and such /is are calciihited to preserve, in the municipality, j)eace and public decency, and re- press drunkenness and disorderly and riotous conduct. As such they c^annot be said to interl'ert^ with the g'tMieral reuulation ol" trade and comuu'rce which belonn-s to the dominion parliament, and do not conllict with tin; pro- visions of the Canada Temperance act, which does not appear to havi' as yet been locally adopted. The subjects ol" leg'islation in the Ontario act ol' 1877, sections 4 and 5. seem to come within the heads 8, 15 and IG ' of section !>2 of the Ijritish North America Act, 18(»7. Their lord- ships are, therefore, of opinion that in relation to sections uu'utiKiied caso the snproiiie conrt of i'anada (Hop. vol. xi. L'.'),) sus- tained tho decision of tlie court of (Hieen'N l)oii('h of (iiiehec, and declared tlio (^>ueheo I,icen.se A(!t(41 Vict., c. ;\) hitni r/iv.tof the legislature of that province. Tho case of IIod|j:e v. the Queen was considered hy the court to cover tho constitutional j,'round. ' S. "Municipal institutions in tho province." 15. "The iini)osition of punishment by line, penalty, or iinprisonnirent, for enforcinj^ any law of the province made in relation to any matter comintr within any of the classes of subjects enumerated in this section." Ki. "Generally all mat- ters of a merely local or private nature in tho province." !i ;< ■il • ilii 11; /M/;/ /.I v/;.vv lAM issrirriioss /.v c.tv.i/'.i. ■I aiul ."> i>l'ilu' ;\v't in qiu^siion. tlu> K'U'islaturi> i>t"Chiiavio ii'IihI w ithiii th(> {>o\v»m-s ronti'rroil u[H>n it by tlu" iiupo- vial ;ut (U' lSt!T. and that in this n'spi'rt tlu>ro is no rou- tlirt with tlu> powois ol tho iloniini(>n parlianuMil." Wo luivi' vitt'il. in iho tovi'Li-oinL:' iviraiiTaph. \\w most niatovial part of (hi* ili\isi(Mi : but' thoir Knilships won; I'urihor and oonsidi'ri\l ilu> objci'tion vaisod by thi> appol- htnt — that tho iniiu'vial parliainoni had i'ont"(>nvil no authority i-n l\w UhmI h'uishituri' to ibdoii-ato its powi'rs to thr lii'iv^so (.'ontniissionors or any (>ihvM' jn>rsons. In oth.v-r WiM'tls, that tht> powor iHMit'orrod by thi' inipi>ri;il parliamont on tht* Uwil K'ii'ishiiiiro shoidd bi> oxt'ri'istnl in t'ull bv that Inulv. anci bv it aUnu'. Tliis <>bjo»iioii, m tlioir opinion, is Ton tho t' tnri ndiul d on an ontiro mtsooiu'i'piiou o[ rno rharaotor ami position oi iiu» provmoia 1 K'iii sia- \Y ,-hiol I aro in no si'nsi^ tU'h'siMios oi'. oraotin>^- tuul r any niandato t'n>ni, thi' impiM'ial parliamont." Thoir lord- ships say oniphatioally that whon tho Hritish N.m-;;i Aiuorioa Aot on;';'tod that tluM-i' should bo a louislatn.o tor (hitario, aiul that its h\L:-islati\"o assombly should ha\ o oxolusivo anthoritv to- mako laws tor tho proviiioos and lor provmoial piirposos in rotation to ilio matiiM's imiu- :h mora tod i n sooiion ;^"J."it oonlorrod lunvors not in any sonso to bo oxoroisod bv iloloiiMiion '■' nn. ov as auont> o\ tho impiM'ial parliamon.t. but antluM'ity as plonary and a>- amplo within tho limits prosoribod by sootion ;'_, as t!io imporial parlianuMU. in tlu^ pKmitudo ot' its i>owi'r. pos- Withm thoso limits of sub- sossoi I and oould liostow joots and aroa, "tho li>oal h\ixislaturo is snpnnuo. ami has tho samo authority as tho imporial parliauu»nt. or tho par- lianu'Ut ol'C'anaila would hiwo had uudor liko viromu- stanoos ti> lonlulo to a munioipal institution ov a body ol' its own ori-ati-ni. authority to mako by-laws or rosi>lu- tions as to subjoots spooilioil in tho oiiaotmont, and with tho viow oi' oarryiun' tho onaotmout into opin'atiou and Vov WW vif jiulgiuoiu, s* o I.. N., .laiuuuv 17, lvnso ^-Pi'i'ial I' oordiuij-j rho oouri •• 1. Ai tho ioo-i; iiamojy ; (!) ••T ^'2) -.Vi I'l'^aid ao iianuMit o ^vithiu su Tho con ii»at. ill ih ^•aoli of jh( Jj»»' parliai ->Pootiv,> iii*"iitiom\l Liooiifo A( ' ■«■ yivu, ,•. ''»^'^' to. iliui th ''''*^f'iMioii tliiif otlert." In tlunv o]nuioii ^u^•h :\n authority is aiuMlhiry to loiiislati'Mi. and without it an atiouipt to proviih' tor vavyiuii' dt^tail.s anil uuuhiuiMv to .airy thoui out iuius \o agouts oi* doloiiMtos liko liiiMiso v'ouunissiouiM-s. roiaius its powers intact, and ran, w hotiovor it ph'ast's. ilostvoy thv' au'tMioy it has or»'- atiHl. and sot tip anothor. or tako the niatt<>r directly into us i>\vu hands. The rcsuh o[' this very important juduiueut \Ya> the passau'e by the iloniinion parliament I't' an a^. t which riMerred t'ae quest iiui ot'thi> von>tittuiouality ot" the Liquor l.ictmse .Vet ot ISS^l lo tlie suprv'ine court ot ranuda. ' A special ca>e contaiuiuii' tlie t'oUowiiui' cjuesiiinis was ac- cordingly ret'erred by the u'overuor-ii'eneral in council to the court : " 1. Are the t'ollowinu' acts in whole or in part wiihiu tlie leii'islative authority ol' the parliam- lit ot" Canada, uainely : (1) ■"The Liquor Liceu.se Act, ISS:'. \'2) ".Vii Act to amend 'The Liquor License Act, l^S-> .'' ■■ -. It' the court is ot" opinion that a p.irt or parts only i>r said acts are within the louislative auihority ot'the par- liament ot" Canada, what part or part> ot" said acts are so within such leu-islative auihoriiy .' " Tht> court • certitied to the <.ro\ i>ruor->ieiunal in vouncil that, in their tqniiiou. the acts referred to them "ar.-. and each ot" them is. ///(';•(; /•/;•«'.< i^t" the leu'islatix e authoriiv oi' :he )>arliainent ot" Canada, exci^pi in .>>o tar as the said acts r. .spi\'ti\ely purjiort to leu'islato respectinu- tht^se liceiisesi inentioued in scv'tion seven ot" the said 'The Liquor Lici'iiso Act. 18S;>.' which are there donomiiiated vessel ' ■»: viot.. e. ;v:, s. '.v;. • So;^ tS-t'.M'ii't.. t". 71, tlio .><»'lH\!nI<^ ot" wliu-h contain^ ontov v>t" n^foi - oiu';' to, aiut tho jiutcnuMit ot', tho supnMno oonvt- Mr. .lustioo lltMiiy wft.v ot" opinion tliut " ilio >:iul aot.s im> k.'.'im ruv.v in wliolo." S i',i \4 ur- '■1 I !\l I mm m 114 I'AIU.IAMEyTARY INsTITn'/ONS IN CAXADA. licenses and wholesale licenses, and except also in so far as the arts respectively relate to the carrying into eflect of the provisions of the ' Canada Temperance Act, 1878.' " The result of this decision was the suspension of the por- tions of the acts declared to be ti/lra vires. Subsequently the matter came before the judicial committee of the privy council, who maintained the right of the provin- cial legislatures to deal with the subject of licenses for the sale of liquors. ' Esr/ieats. Among the matters that have come before the supn^me court of Canada and the judicial committee of the privy council is the question, whether the government of Canada or the government of a province is entitled to estates escheated to the Crown for want of heirs. The conho- versy on this question iirst arose in 1874, when the legis- lature of Ontario passed an act - to amend the law respeet- injr escheats and forfeitures. This act was disallowed bv the governor-general in council, on the report ' of the minister of justice (Mr. Fournior, now one of the judges of the supreme court) on the following grounds : 1. " That escheat is a matter of prerogative which is not by the British North America Act vested in a provin- cial government or legislature. 2. That it is not one of the subjects coming within the enumeration of the subjects left exclusively to the pro- vincial legislatures. 3. That a provincial legislature, by its very statutable position, has no power to deal with prerogatives of the Crown. 4. That the lieutenant-governor has not under the statute, or by his commission, any power to deal witJi ' S I.eiiral Ne\v.s, 17, 2(i, 379, 4()'J. - 37 Vict., c. 8, piissetl on the iMth March, 1874. Can. St'ss. P., 1882, No. 141. the pr to ass( it^gisla eights. Subs queen's pt^U i'ro •ontrol was afj domiuio ^^'S'S ther trary pr. province, without titled to ^'iuee, aiK the other to the Cro iippertaini 'onipetenc Accordi] '^<^t,- whicl Niou of esc to be brour sition beiji< make grant ^"ase forfeit ■'Iso make ^' wnhas ^^« quest hel'ore the c( ' ^'aii. Seas. I ' K- S. O. (IS ""■'< passed a | ^^ ^'''^'t., c. 10 ( ''. I . trove, and other aualogoiis rights. Their lordships find nothing in the subject or the context, or in any other part of the act, to justify a restriction of its sense to the exclusion of royalties, such as escheats in respect of lands. The larger interpretation (which they regard as in itself the more proper and natural) also seems to be that most consistent with the nature and general objects of this particular enactment, which certainly includes all other ordinary territorial revenues of the Crown arising within the respective provinces.' Question respecting Indian Lands. An important question came before the supreme court of Canada in 1887, on the appeal of the Ontario court of appeal, allirming a judgment of the chancery division, which restrained the St. Catharines Milling & Lumber Co. from cutting timber cii lands south of Wabigoon Lake in Algoma, (claimed to be public lands of the province.-' The question was really whether certain lands admit- tedly within the boundaries of Ontario belonged to that province or to the dominion of Canada. By royal procla- mation in 1*763 possession was granted to certain Indian tribes of these lands, " of such parts of our dominion and territories," as, not having been ceded or purchased by the Crown, were reserved " for the present," to them as their hunting grounds. The proclamation further enacted that all purchases from the Indians of lands reserved to them must be made on behalf of the Crown by the governor of the colony in which the lands lie and not by any private person. In 187o the lauds in ' See (i Le^'iil News, 'JCr,, L>44. Also Can. Sees. I'., 1S84, No. 117, for pai)er.s respecting escheated lands. 'Sup. Court R., vol. 13, pp. .577-077. The St. Catharines Milling i^: i.nm- V)erCo. (appellants), and tiie Queen, on the information of the attorney- general for the province of Ontario (respondent), on appeal from the court of appeal for Ontario. suit, si pation were, l Indian meut o qualiiie answer and iiu in the d who in That th acknowl and that l>aramou: ihQ gove Canada h tonsidera benefit of virtue oft by the go licenses t( province c and after was in th being wit] passed to dominion claimed in tli<> Indian liained the to them, it owner by the court - ' These lane Boundary Awj 'Ritchie, r DECISIONS OX QUEST lOXS OF JURIS JHCTrOX. Ill) suit, situate in Ontario, which had been in Indian occu- pation until the date under the foregoing- i)rochimation, were, to the extent of the whole right and title of the Indian inhabitants thereto, surrendered to the govern- ment of the dominion for the Crown, subject to a certain qualified privilege of hunting and iishiug. ' In the answer of the defendants it was pleaded that the lands and timber thereon were, with other lands and timber in the district, until quite recently claimed by the Indians who inhabited that part of the dominion of Canada. That the claims of such Indians have always been acknowledged by the various governments of Canada, and that such claims are, as respects the lands in question, paramount to the claim of the Crown as represented by the government of Ontario. That the government of Canada have acquired the Indian title to these lands in consideration of a large expenditure of money for the benefit of these Indians, and have for that reason and by virtue of the inherent right of the Crown as represented by the government of Canada, alone the right to grant licenses to cut timber on the tract in dispute. For the province of Ontario it was contended that both before and after the treaty of 1873 the title to the lands in suit was in the Crown and not in the Indians. The lands being ■within the province, the beneficial interest therein passed to the province under the act of i867, and the dominion obtained thereunder no such interest as it claimed in the suit. Even if the:, were lands reserved for the Indians within the meaning of the act, the dominion •iained thereunder only a power of legislating in respect to them, it did not gain ownership or a right to become owner by purchase from the Indians. The majority of the court - decided that the boundary of the territory in ' These lands formed a portion of the territory declared under tho Boundary Award to be in Ontario, infra, 123, 124. ^ Ritchie, C. J., Taschereau and Henry, .1. .1. ; Strong and Gwynne J. J > _jfjiS ! A\ ' I - '3 120 rARI.JAMEXTARY jySTITlTIOX.S IX C.LV.1i>.l. I ' I' ■■r -ilfi 't! ; , . 1 ,< i ■ ■■ ■ • ■i ' ' i ■■ ' .' i '■ !:■'■'.■■' ( K - I \ )[■] ■ 1 ■■ ■' ' ■ ■ '. the northwest augle being" established, and the lauds in question being found within the province of Ontario, they necessarily form part of the public domain of that section, and are public lands belonging to the same by virtue of sub-sec. o of sec. 92, and sec. 109 of the B. N. A. Act, as to lands, mines, minerals and royalties, and of sec. 117, by whi -h the provinces are to retain all their property not otherwise disposed of by that act, subject to the right of the dominion to assume any lands or public property required for fortifications or for the defence of the country.' Only those lands specifically set apart and reserved for the use of the Indians are " lands reserved for Indians " within the meaning of sec 91, item 24, of the P). N. A. Act. In the course of their opinions, the majority of the judges dwelt on certain points interesting to the historical as well as to the legal student. They laid it down that " on the discovery of the American continent, the principle was asserted or acknowledged by all Euro- pean nations that discovery followed by active posses- sion gave title to the soil to the government by whose subjects, or by whose authority, it was made, not only against other European governments, but against the natives themselves. AVhile the different nations of Eu- rope -espected the rights ■ of the natives as occupant.-?, they all as.serted the ultimate dominion and title to the soil to be in themselves.'" ' That such was the case with the French Government in Canada, during its occupaucv thereof, is an incontrovertible fact. The king was vested with the ownership of all the ungranted lands in the 4lisseiitin;_'. The most elaborate opinion on the whole question is by Boyd. C, in the Chancery division in the hi^h court of justice for Ontario (Id O.R., 19(i). iue opinions of Stroni? and Gvvynne J.J., on the other sidn merit a careful study. ' See app. A. to this work for text of these .sections. - .Tudi^e Taschereau (t)43) very properly thinks " claims " tlie protw»r word Jiere. ' Sup. Tourt of Louisiana, (cited by Taschereau, J.), 4, La. An. 141. coloi conv sessi( Great possej title ( soven part o as the time ] himsel the hv of hun genera of the Indian: a title 1 does nc of justi The siiprem . !• 1 1 1 A h : .' ' ft '.',''' il' 122 PARLIAMKSrAnV INSTITUTIOyS IS CASWDA. whateA-er to tho timber i^rowing- upon the landss which they gave up, which is now fully vested in the Crown, all revenues derivable from the sale of such portions of it as are situate within the boundaries of Ontario being- the property of that province." Their lordships added that there " may be other questions behind, with respect to the right to determine to what extent, and at what periods, the disputed territory, over which the Indians still exer- cise their vocations of hunting and fishing, is to be taken up for settlement or other purposes, but none of these c|uestions are raised for decision in the present suit." ' Tacea on Inwrponifed Companiea. In 1882 the Quebec legislature passed a statute " " to impose certain direct taxes " on banks, insurance com- panies, and every incorporated company carrying on any labour, trade or business in the province. Payment was resisted of the taxes th'jreby imposed, and the queens bench reversed a decision of the superior court that the Quebec leffislature had no power to pass the statute, on the grounds that the tax is a direct one and that it is also a matter of a local or private nature in the province, and so falls within the jurisdiction of the provincial leoisla- turc. The case was (;arried before the judicial committet' of the privy council, who affirmed the judgment of the queen's bench that the tax in question was direct taxation within class two of section ninety-two of the federation act. They also laid it down that a corporation doin^r business in the province is subject to taxation under sec- ' L. R. App. Cas. vol. xiv., 40-01. Seeing that the benefit of the sur- render arornes to Ontario, their lordships gave their opinion tliat th;it province must, "of course, relieve tlie Crown, and tlie dominion, of all obligations involving tlie payment of money which were undertaken by her Majesty, and which are .said to have been in part fulfilled by the dominion government-" ' 45 Vict. (Q), «. 22. DKC/SIOXS OX QUI^STJOXS OF ./(.'RIsJUCTlOX. 123 s « tion ninety-two, sub-section two, thouf,^h all the share- holders are domiciled or resident out of the province.' Boundary Question. Refi^ronce has been made, in connection with the case just cited, to the dispute between the governments of Ontario and Canada as to the boundary of the province on the north and west. This question has given rise to a vast amount of legal and political literature since the acquisition of the Northwest Territories, and it is neces- sary here to state briefly its present position. In 1878 three arbitrators were chosen on behalf of the Dominion and Ontario governments to come to a settlement of the question.- They arrived subsequently at a unanimous decision, but while the Ontario legislature accepted the award as satisfactory and passed an act giving efl'ect to the same so far as laid in the power of the province,' the dominion government took no steps whatever in the matter. The subject remained in abeyance until 1884 when a case was arranged for reference to the judicial ' 10 Le}i. News, 259-- the Imperial Parliament passed an act, in accordance with an address from the Canadian parlia- ment, declaring the westerly, northerly, and easterly boundaries of Ontario and carrying out the decision of the privy council. ' XIV. Rules of Construction and Constitutional Principles deduced from Judicial Decisions.— The most important questions which have come before the privy council and the supreme ' L. X. 1S84, pj). 2si-i.'Si>. Seo remarks of :\Ir. Blake, Can. Hans. 1SS5, pp. 17, 18 ; and of Sir .T. A. ^Maodonald, Ih., 23. Also April 13, 1888. -' See supra, l'2l. •'Imp. Stat. 52-53 Vict., c. 28 (at be<,'inning of Can. Stat. 1890); Can. Com. J. (188!1) 385 ; Can. Hans. (1SS9) 1654-1(J5S. Seo Ont. Rev. Stat. c. 4. court o British h'gislat the leu'i pnvy o( which s is on(> o «npremt hard an( down ail the parli all and e tested as lature pn g«'neral a of Canad; 'licting It to propei't tive authf there are rights exj: power of t be subject the domin; local legis rights of t exercised, s of the local liament wo pcrty and ci be necessar effectually i ment of Cai ' Ritchie, C. .] JlWl. Also, \ I'ivrijons. vol. iv. lii'LEn OF coysTiiUcrjox. 12.') court of Canada, have arisen upon th(( provisions of the British iVorth America Act, relating- to the distribution of legislative powers between the parliuun'ut of Canada and the lei>islatures ol thv provijices, and in the words of the privy eouncil, "owing to the very general language in which some of these powers are described, the <|uestion is one of considerable difUculty." A learned judge of the supreme court observes that •' in constning the act, no hard and fast canon or rule of <;onstructiou can be laid down and adopted, by which all acts passed, as well by the parliament of Canada as by the local legislatures, upon all and every question that may arise, can be etfectually tested as to their bein"' or not being infra vires of the legis- lature passing them." The nearest approach to a rule of general application that has been attempted in the courts of Canada, with a view to reconcihi thc^ apparently (-on- llicting legislative powers under the act, is with respect to property and civil rights, over which exclusive legisla- tive authority is giv«'n to the local legislatures: that, as there are many matters involving property and civil rights expressly reserved to the dominion parliament, the power of the local legislatures must, to a certain extent, be subject to the general and special legislative powers of the dominion. But while the legislative rights of the local legislatures are, in this sense, subordinate to the rights of the dominion parliament, these latter must be exercised, so far as may be, consistently with the rights of the local legislatures, and therefore the dominion par- liament would only have the right to interfere with pro- perty and civil rights In so far as such interference may be necessary for the purpose of legislating generally and etfectually in relation to matters coniided to the parlia- ment of Canada.' On this same point the privy council ' Ritchie, (.'. J., in The Queen v. Robertson, Can. Sup. Court R., vol. vi., 110-11. Also, Valin v, Langlois, vol. iii. 15; The Citizens Insurance Co. v. WxTfious. vol. iv. 242. 126 rARLIAMESrARY LYSTITUTIOXS IN CANADA. appears to tske a similar view : It is therefore to be presumed, indeed, it is a uecessary implication, that the imperial statute, in assij^uiug to the dominion parliament the subjects of bankruptcy and insolvency, intended to confer on it legisla^^ive power to interfere with pro- perty, civil rights, and procedure, within the provime, so fin* as a general law relating to those subjects might alFect thorn.' The Judicial committee of the privy council have en- deavoured to lay down certain principles which should guide those who are called upon to interpret the Union Act. The first step to be taken, with a view to test the validity of an act of a provincial legislature is to con- sider whether the subject-matter falls within any of the classes of subjects enumerated in section ninety-two, which states the legislati\ (^ powers of the provincial legislatures. If it docs not come within any of such classes, the pro- vincial act is of no validity. If it does, these further questions may arise, viz., whether the subject of the act does not only fall within one of the enumerated (lasses of subjects in section ninety-one, wiiich states the legislative power of the dominion parliament, and whether the power of the provincial legislature is, or is not, thereby overborne.- The same eminent authority has in another judgment ' expressed the following opinion : ' Sir M. E. Smith in Cushiiij; r. Diipiiy, 5 App. Ca. 415. ^ Dobie ''. Tiie Teniponilities Board of the I'reshytoriun Church in ('anatla, 7 Ajjp. Ciis., K!0; Cartwright, i., :!07. In Steaduiaii ''. Robertson (2 I'ujr. an.'2i-2, Hitcliie, CI. •' Il>. 272, l-'ournier, .1. ' Can. Hans. [Ih82], 433 (Mr. Mills). "Can. Com. J. (1SS3) 32(i. '• Supra, 9(), 1>7. Par '■ogni; of the iused caljy within had. in On t arc Jim iivnt, ri the pan diction. ofuatioi under ti Xo CO] which, i powers ii'^pect ai] of the : instance, i".y' to pi <'ominerc( ''xcrcisinj subjects.' Laws d or morals, than to th with by si ;) matter «• Piu'liamen ment of Q by the gen dominion, ( RULES OF CONSTRUCTION. 131 Parliament itsolt' has, ou more than oiu' occasiou, re- lOgnizod the no(^essity of giving full scope to the powers of the provincial legislatures. For instance, it has re- fused to embody in an act such clauses as would practi- cally nullify the provisions of a local statute, wholly within the jurisdiction of the local sovereignty, which had. in the iirst instance, created the (Corporation.' On the other hand, the local legislatures, whose powers art- limited compared with those of the general parlia- mt'nt, must be careful to coniine the exercis(» of these to the particular subjei^ts expressly plai'ed under their juris- diction, and not to encroach upon subjects which, being of national importance, are, for that very reason, placed under the exclusive control of parliameut.- No conliict of jurisdiction need arise because subjects which, in one aspect and for one purpose, fall within the powers of the dominion legislature, may. in another aspect and for another purpose, fall within the powers of the local legislatures. The general authority, for instance, possessed by the dominion to make laws relat- ing to public order and safety, or regulating trade and commerce, does not prevent the local legislature i'rom exercising its municipal powers with respect to the same subjects.' Laws designed for the promotion of public order, safety, or morals, belong to the subject of public wrongs rather than to that of civil rights. The primary matter dealt with by such legislation is the public order and safety — a matter «dearly falling within the general authority of parliament to make laws for the order and good govern- ment of Canada.' Consequently a uniform law passed by the general legislature to promote temperance in the dominion, does not conliict with the power possessed by ' Infra, diap. xix., s. 3. ■' Can. Sup. Court R., iv. 347, Gwynne, J. ■6w;wf, 110, 111. " 'lb. 106. K< i; ,'!ii il :.4i 1 ■ m ' ill 132 PARLIAMENTAHY LXSTITUTIOXS IN CANADA. ; 1 the looal legislature to pass au act authorizing the mak- ing of such police or municipal regulations of a merely local character as are necessary for the good govern- ment of taverns and other places licensed to sell liquor by retail.' When' a power is specially granted to one legislature, that power will not be nulliJied by the fact that, indi- rectly, it aliects a special power granted to the other legislature. "This is incontestable," says a learnedjudue, " as to the power granted to parliament (section Dl. last paragraph),- and probably is equally so as to the power U-ranted to the local legislature. In other words, it is only in the case of absolute incompatibility that the special power granted to the local legislature gives way." ' Such a principle set'ms absolutely necessary '' the efficient operation of the federal constitution. In the inception of the confederation it was believed by its authors that the care taken to define the respec- tive powers of the several legislative bodies in the domi- nion would prevent any troublesome or dangerous con- flict of authority arising between the central and lo( ul governments.' The experience of the past twenty year.s has proved that it is inevitable in the case of every writ- ten constitution, especially in the operation of a federal system, that there should arise, sooner or later, perplex- ing questions of doubt as to where power exists with res- pect to certain matters of legislation. It has been some- times urged in parliament "' that committees should be ' Svprd, 111. ■ " And any matter coming witliin any of tlie i-laxses of .subjects enuiiu'- rated in this section shall not bo deemed to come within the class of matters of a local or private nature comprised in the enumeration of tJKi classes of subjects by this Act a.ssignetl exclusively to the legislatures of the provinces." ' Meredith, C. .1., cited by Ramsay, J., 5 Leg. News, iJoS. * See remarks of Sir John Macdonald in 1805, Conf. Deb. 32. '■• The Senate rules provide for the reference of bills on which theques- orgaui lor h' iaro all ac without this. J amount to not nu'nt in Cana i( :l THE JUDICIARY 133 organized in both houses to lay down rules or principles lor leg-i.slation, in order to prevent, as far as possible, any conflict oi' jurisdiction. But it is questionable if political bodies can ever be the safest interpreters of constitu- tional law. It is in the courts that the solution must b-' sought for the dilficulties that arise in the working of a federal constitution. As long as the courts of Canada continue^ to be respected as impartial, judicious interpreters of the law, and her statesmen are influenced l>y a desire to accord to each legislative authority in the dominion its legitimate share in legislation, dangerous complications can hardly arise to prevent the harmo- nious operation of a constitutional system, whose basis rests on the principle of giving dui^ strength to the cen- tral government and at the same time every necessary frt'cdom to the different provinces which compose the confederation. XV. Positionof the Judiciary.— Before olosing this review ot the coni-titution of Canada, it is necessary to refer briefly to the position of the judiciary, which occupies a peculiarly important status in a country possessing a written con- stitution which must necessarily require to be interpreted from time to time by accepted authorities.' tinii of jiirisdiction lias beon raised, to the coniinittee of staiuliny; orders and jirivate bills, lufrit, cliap. xix., .«. 4. ' riie suprcuio ooiirt of tbe Uiiit«d States i.s considered in tiie Federal- ist, and tlie histo*";.' of the Anieri an oonstitiition prove.s the truth of the wiiids, ■•' a bulwark of a limited cm nstitution a^ain.st legislative eneroai'h- nionts." The meaning of I'oworc " limited " is explained by Alexander Hamilton : " IJy a limited v'^mstiti iion, I ui'derstand one which contains I'crtain specified exceptions to legislative authority, such, for instance, as tiiat it shall pass no bill of .cttainder, no ex post Judo law, and the like limitations of this kind can be preserved in practice in no otiier way than tlirough the medium of the courts of justice, whose duty it must be to (le( hire all acts contrary to the manifest tenor of the constittition void; witliDut this, all tho reservations of particular rights and privileges would ainnunt to nothing." Federalist, Ixxviii. 8ee IJourinot, Federal Govern- ment in Canada, Oo d setj. ■ ', m r ) 134 I'ARLIAMKSTAnY ISSTITVTIOXS AV CASADA. I 1 H. . ' i I! f , J!' Tho administration of justice in the provinces, includ- ing the constitution, maintenance, and organization ol" provincial courts, both of civil and criminal jurisdiction, and including procedure in civil matters in these courts, forms a class of subjects placed by the fundamental law ' within the exclusive control of the provincial legislatures. In the province of Quebec the French law derived from the Couhime de Paris, has come down from the days ol the French regime, and prevails in all civil matters, and the civil laws of that territorial division, including those of procedure, have been duly codified as the " Civil Code ol' Lower Canada." - In the other provinces, the sources of law are the com- mon law oi England, brought naturally into the country by the English settlers, and the statutory laws passed from time to time by the legislative authorities. The criminal law is generally uniform throughout the dominion, and is under the jurisdiction of the parliament of Canada, except so far as relates to the constitution of the courts. ' The governor-general in council appoints the judges of the superior, district and county courts in each province, except those of the courts of probate in Nova Scotia and New Brunswick.' The judges in Ontario, Quebec, Nova Scotia, New Brunswick and Prince Edward Island coii- ' B. N. A. Act, l.S»i7, siil)-s. 14, >*. 1):.'. - See L'it Vict., c. 41, "An .\ct respecting the Civil Code of Lower Can- ada, (.'^ujipleuientary volume to Kev. Stat, of Canada, iSSii. ) AlsoCodede Procedure Civile, mis au courant de la legi-slation, par M. Lorrain, l.sstj. • B. N. A. Act, l.S(i7, snb-s. 1*7, s. !tl. * lb. 5)6, justices of the })eace, police anvi stipendiary niagistrateti are appointed in each province by the lieutenant-governor in council. ' .III. 1)7. " Until the laws relative to projierty and (;ivil rights in Ontario, Nova Scotia any the guvernor-genoral shall he selected from the resiHJOtive ))ar8 of tluKse provini-e3. ' 9S. "The judges of the courts of Quebec shall be selected from the bar of that i»rovince." 77/ y-; JUDICIARY. 105 tinue to be selected from the bars of their respective pro- vinces. The independeiiee of the judiciary has been for very many years recognized in Canada, as one of the funda- mental principles necessary to the conservation of public liberty. The judges are not dependent on the mere will of the executive in any essential respect, nor on the caprice of the people of a province, for their nomination and retention in office, as in many oi the states of the American republic. Their tenure is as assured in (,'anada as in England, and their salaries are not voted annually, but are charged permanently on the civil list. In case it is necessary to provide a salary, or increase of salary, tor a judge, the proper course is for the government to proceed by bill.' The judges of the superior courts hold office daring good behaviour, and can only be removed by the governor-general on address of the Senate and House of Commons.- In impeaching a judge for mi.s- « ouduct in office, the House of Commons discharges one of the most delicate functions entrusted to it by law. In such a matter it cannot proceed with too great caution and deliberation. Whenever charges of a serious char- lu'ter havi^ been brought against a judge, and responsible persons have declared themselves prepared to support such charges, it has been the practice to appoint a select > ommittee, to whom all the papers can bereferrel for a ' See ;;i Vict., f. oo. Rev. Stat, of Can., c. 138. 15. N. A. Act, i8(i7, s. 100. • r>. N. A. Act, 1807, s. ni». Tliis section ), laST, 1588; !»0 Lords .1., 221, 237, 231t. 244, 251, 261. Also Mr. Kenrick's c.ise, i:! I'arl. Deb., N. S., 113H, 1425 1433; 14 //-., 500-5O2, 511, U70-(i78. Also remarks of Sir J. A. Macdonald and Mr. Blake, April !t, 1883, in the Eothwell case, Can. Hans. ■( liii I ,!i!fll''! h !' 1 . 1' \\ M ' rll /a ■m I- to 136 I'APJJAMEXTARV lySTlTVTfONS TN CAXADA. thorough invostigatioii. 8iiue 1867 ouly two comiiiittees of this character have boeu formally appointod. but in neither case did the inquiry result in the removal of the judge whose character was impugned.' It h usual to have all the documents in the ease printed in the first in- stance without delay, so that the House and the person;* immediately interested may have due cog-nizanct* of the nature of the charges against the judge.- Witnesses should be examined on oath in all such cases.' All thi» weight of authority in Canada, as in Itlngland, goes to show that the House should only entertain charges, which if proved, would justify the removal of the judge fromthf bench. It will be for the House, and especially for those rt'sponsible for thi administration of justice, to consider whether the allegations are of such a nature, and sup- ported by such authority, as demand an investigation at their hands.' The proper and mc >t convenient course is for the persons who feel called upon to attack the charac- ter of a judge to proc-eed by ji tition in which all the alle- gations are specilically stated so that the judge mav have full opportunity of answering the indictment thus 'Case of .Iii^'e l.afontaine, Ciiu. Com. .[. (18(J7-S) 2i)7, 344,398;//.. (J869) l;!5, LM7. OlMml^'o Loraiiirer, //>. (lS77),-'0, iT), 3(i. V.)2, 141, 2:->s. A ciimmiitee was a.skeil for in IS82in the case of Cliief Justice Wuuii, nf ]\[anitnha, Imt never appointed. -Can. Com. ,1 (18(17-8), 4(10 ; Ih. (1877), LT), i;'.2-, [/>. (1S8L'), l!>l\ To.I,i. Pari. (iovt. ill England, ii. S7(>. ' Can. Com. .1. (1877), 36. At tiio timo of the previous case, select com- mittees had no power to administer oaths tr witnesses. .See chap. xvi. on select conimittee.s, .s. 11. •See memorable cases of I'.aron Ahin^'er and Sir I'itzroy Kelly, cited by Todd, ii. 870, 871. In 1883 the Canadian House refused a motion to inquire into the conduct of a jiidue in the discharire of his duties in con- nection with a matter mhjiidlee. See remarks of Sir. .1. A. .Macdonald in Bothwell election case, April it, Can. llans. In 188,") a senator who i>n- Bented a jietition in the senate askiuir for an investigation into certain char^'es a^'ainst a jud^re withdrew it on a statement from the minister of justice that there was nothinf: in tlu- charges alle;.red. .Sen. Deb. (18S5) 108. prescr oriffin it, and charg»= ico-isla stituti( any ad miscon ought j to exei advice nile ha! effect tc responsi in comp in confo 111' 're mi which h >^atisfa('t< We hi i>ha,ses in the doini eratic, ij] of allind] 'Onque.st, •^timulatf' acter. .St those free ^vith thii I ■•'^ir.l. A. I f-'udfre Fox <'ase itt'lii '"od«l ii. jj ^■^'-, vol. xx> THE jriUVlAIiV. 131 presented against him.' 15ut th»' action of parliament may oriiriniite in other ways, it' the public interest demand ir, and there is no objection to a member formulating- (•harges on his own n'sponsibility as a member of the legislatui'e having a grave duty to discharge.- The con- stitutional usage of the parent state also requires that in any address askinii" for the removal of a judge "the aetsof miseondnei \vhi<'h have occasioned the adoption then^of outiht to be reeapitulatcnl, in order to enable the sovereign to exercise a constitutional discretion in acting upon the advice of parliament.' In cases where this very proper rule has not been followed, the Crown has refused to ^ive elfcct to tlie address," thou uh passed by a colony enjoying responsible government, because 'in dismissing a Judge, in compliance with addresses from a local h\gislature and in conformity with law, the queen is not performing a ni'Me ministerial a{yl, vol. xxxvii. 1>0-1S4. ^ 11 1 \ 1 h 1 ■■'I- If ill At ; I 'ul 1 I * '■ ! 138 I'ARUAMKNTAliY fNSTITrTIOSs IN i'AXADA. 1 ' i J latiou. At last wo see all the provinces politically unittd in a conlVderation, on the whole careiully conceived and matured ; enjoying responsible government in the com- pletest sense, and carrying out at th«> same tinn', as far as possible, ihose British constitutional principles whi( h give the best guarantee for the liberties of a people. Witli a federal system which coml>i»uvs at once eentral strength and local freedom of action ; with a pernKMi«»nt executive independent of popular caprice and passioi. ; with a judi- ciary on whose integrity there is no blemish, and iu whose learning there is every coulidence ; with a civil service resting on the iirm basis of freedom from politics and of security of tenure ; with a people who respect the law and fully understand the workings of parliamentary institutions, the dominion of (^uuida need not fear com- parison with any other country in those things whih make a community truly happy and ])rosperous.' ' The words ol'tlio MiUijiiis of l-onic, in reiily ti) the farewell addre.SH isceplible to the chauL'e of public ojiinion, and ever oinsn, throuj^h a responsible ministry, to the scrutiny of the peouIi1p Returns, etc. — XI. Intrf>- tluction of Mt'iiilicrs. — XII. Attemlanceof Me rubers. — XFII. .Members' Indemnity. — XIV. Expulsion and I)i>'|U!ililication of Members. — XV. Suspension of .McMubers. — XVI. l^uesdons allectin*; Members referred to Commillees— XVll. I'hices in the House. I. The Senate.- When the parliament oi" Canada met for the first time in 18t)7, the Senate consisted of 7- mem- bers, called senators — 24 for Ontario, 24 for Quebec, and 24 for Nova Scotia and New Brunswick, these two mari- time provinces beinj? considered one division.' Subse- quently, the proviiu.'cs of Manitoba and British Columbia were admitted into the confederation, and the Northwest Territories given a representation in the two houses, and the number of senators has been consequently increased to 80 in all — Manitoba havini^ at present three members,- British Columbia three' and the Northwest Territories two.' Prince Edward Island has also entered the union ' B. N. A. Act, 1S()7, ss. 21 and 22. - Under Dom. Stat, oli Vict. e. :», s. o, Manitoba is to have two mem- bersuntil it shall have a jjopulation of 5(1,000, and then it shall have three ; and four, when the jiopulation has reached 7'i,00() souls. The census of 1881 jrave Manitoba a population of (i5,9r)4, and consequently another member was added to the Senate. Rev. Stat, of Can. c. 12. 'Can. Com. .1. (1871) 105. Dom. Stat, for 1872, Orders in Council, J). Ixxxviii. * Dom. Stat. [1888] c. 3. See supra, 47. fi ' i# ,1* li 'il "If" ■'■* II t mm II- lil 140 THE SEXATK AXD HOUSE OF COMMONS. sinco 18(»7, and has a repivstntation of lour members, but as this provinro is comprised in the rnarilirae division of the Senate, its admission has not increased the number of senators in the agj^ren-ate.' The senators who art- nominated by the Crown, must each be of the full aj^e of thirty years, natural-born or naturalized subjects, r«'sident hi the province for whicli they are appointed, and mus« have real and i)ersonal property worth $4,000 ovi^r and above all debts and liabilities. In the case of Quebec a senator must have his real proi)erty qualili a.ieen." -■ Vj. N. a. Act, lS(i7, s. '-'8. See app. A totliis work. ' //-..s. lL'8. ' S( n. Han. (ISSO) :i7;!; .hiiir. \o.l. 'I'he le.solntion proviiied al.so that the list should he laid for the lirst time on tiie table in the session if 1S80- THE SENATE. 141 to move formally that the cl(M-k be authoii/C*^d to receive their declarations iu due Ibrm.' Senators who have been unable from sullieient cause to attend during- the session and make the necessary declaration before the clerk, have been permitted to sign it before a justice of the peace — such declaration being deemed sullieient on formu,l motion.- In 1883, the Senate was satisfied with a decla- ration signed and transmitted to the clerk, by a senator suffering from paralysis. ' The queen may, on the reeommendaiioii of the gov- »'rnor-general, direi t thai three or six members be added to the Senat'S representing rqually the three divisions of Canada. In case of any such addition being made, the governor-general shall not summon any new member " except on a further like dircetion i^y thti (^ueen on the like recommendation until each of thi' three divisions of C^mada are n^presented by 24 members and no more." ' The number of senators is fixefl by the British North America Ai3), 5-1- r>5. OS; I 'mi. (1SS7), 4:.'. ' Jour. (1880-81)58, 00; Hans. oO. .I.mr. (1883) Id'), 110. //>. 1 1887) 44, 71, 80. A , 8(). Ihld. (188;;) ").■); Hans. 54. The ilerk nuule a siKvial reiKirt un the >ul)jeol. ' n. N. A. Aet, sa. 20, 27. See Sen. Peb. f 1S77) 87-04; Com. Deb. (1877) ;;71, for discussion on a ease in wliicli tin* uneen rofuseil to ap|)oint ad- ditional .senators under .section 20. Also Todd's I'arl. Gov. in the Colo- nies, 104. The Earl ol' Kinderly, in his despatch on tlic subject, slated that her Ma' sty could not be advLsed to take the reS|KinsibiIity of inter- tcfinj^ with the constitution of tiie Senate, ex<«'.pt u{)on an occasion when it had boon nuide apparent that a diiferonce titf-n by writin«>- under their hand, addressed to the governor-general. The place ol' senator shall become vacant, if he is absent lor two consecutive sessions, if he becomes a bankrupt, or insolvent, or api)lies lor the beneiit of any law relating to insolvent debtors or becomes a jmblic defaulter; if he becomes a citizen or subject of any foreign power; if he is attainted of treason or convicted of any infamous crime : if h(» ceases to be qualilied in respect of pro- perty or residence; provided that he shall not be consi- dered disqualilied in respect to residence on account of his residing at the seat of government, whih' holdinn- an ollice in the administration. "When a vacancy happens in the Senate, by resignation, death or otherwise, the governor-general shall, by summons to a lit and proper person, lill the vacancy. If any question should at any time arise respecting the (lualilication of a senator or a vacamy in the Senat*'. the same must be heard and dettrniined by that house. The loth rule of the Senate provides : " U'ihv two coiiKet'UtivowosHioiis of pai-liaiiiont any senator has tailed to give his attendance in (ho Senate, il shall he the duty ol'the elorlc to re|)iu\\vi to the .Senate, and the i|iiOHtioii of the vacancy arisini;' thei-elVorn >hall, with all convenient speid. ho heard and dolei'mined hy the Senate." In accordance with the foregoinij- order the clerk re- ' B. N. A. Act, s8. 2S, 147. ' Imp. Stat. 4".t-5U Viet. c. ■:>h. App. It to this work. ' B. N. A. A(t,Hs. L'!», ;;o, I'.l,:.::,;;;;. A jxuMwiiolms U'cmi adjiKl^odalmnk- riipti'iinnot sit ami vote in the House ofi-orilH, .■'.4an(l;r> Vict., e. fjO, Imp. Stut. ; 1(14 Lords' .1., l;W, L'tx;, :52I, Wl'l, \W1. ■\l\). See icmarksof Son.' iJuts- fonl, IhuiH. ^1SS4) lis, tluit Jill .piestionx of distiualiliirttiou must lie in vestigated hy tlie Hoii.se it.>^ell'. 'tui: ixTiionrvTiON or .sicxators. 143 ported ill 18T(>, for the inrormatioii oi" the Senate, that Sir lulward Kt'iiiiv, one of the senators from Nova Seotia, had b.',m absent Irora his seat for two «onfeecutive sessions. The .•()mniitteeoli)rivile^es, to whom the matter was im- mediat«'ly referred, rei)orted that Sir Edward Kenny had v.uatt'd his scat, and tliat the House should so dechire and dt'termine in pursuance of the thirty-third sc'etion of the British North Amt'ri«a Air t>l\*anl Kenny an expreHsiou of rej^ret at the severance of th»^ ties wliich ha, o:'., 70, 71 ; Ilan.s., (17, 114. • ice of Mr. Alexander, ISiH. .\tt(Midanee on a coinniittee i.s eijiiivalent td attendance in the llon.se. .>ee remairkH dl Sir A. Campbell, minister 1.1 justice, llan.s. (l6S4) 117. IJy s. 128 of B.N.A. Act, 18«7. [ ' '11 ■'ntf;'; 144 Tin: SKSATE AM) IlOl'Si: OF CdMMOSS. having been dou«', the now member signs the roll, and then makes obcisanre to the speaker, who, shaking- bauds with him, indicates the seat he is to occnpy, and to which he is conducted ])y the members who introduced him. The speaker will linally acquaint the house that the new senatopulation of (Quebec. t)nly a fractional part ex(;eeding" one-half of the whole number re(|uisite lo entitle the pro- vince to a memb-r shall be rei^arded in computing- the members lor a proviu- e — such fractional part being con- sidered ecpiivalent t<» ih'- whole number. In case of re- adjustment alter ad- • enuial census the number of nieui- l)crs for a province -^liiall not be reduced "unless the pro- portion which the luunber of the jwpulation of the pro- viuie bore lo the numl)e' of the aggregate population of Canada at the then la»«t pre<-eding readjustment of the number ot members ior the province is ascertained at the then latest tens us to l>e diminished by one-twentieth part ' Sen. I., ^lSil7-8) Km, 177, \~,^ ; /'*, (1S77) 14, -'(i, .^c, ///. I8S:J) 20, L'3, ac. III. (,lst)0) :i-7. Tliti iiltDVo form (»!' iinu-odiiro i« as ;riv»!n in llie .louinal.s, Imt piiiclically tlie HiK-akor is pri-vionsly infonntMl l)y tlio iloik that llio now ucnutni' iiau Nnbhiribeii tlio «l<>.('iaration ot 1 was 215 members, ~ distributed as follows : On- ' 15. N. A. A.-t, 1S67, a. 5L\ ■",]') Vict., I'. l!i, s. 1, Iu>m. Stat. ' Seo Ih. H. 1 ; 3:; Vict., c. :;, a. ■», l>(.ni. Stat. 'Can. ('(iiii. .1. (1S71), !'.»') ; Ihtm. Stat. 187l', DnlcM-.s inCouncil, Ixxxviii. 'Can. Com. .1. (1S73), 4(i'J ; also Order in Council, Dom. Stat, IS7;l. xxiii. '■4"i Vict.,c. :'>. Tlu^ nadjustnuMit ol'tlic Ontario consliluunciex was op- jioscil in the Coniiiion.s. See llan.saril (1SS'_'), lI'Mti it fn/. A ^rreat nuin- btir of anieiiilinents wero jinjposed at various statjes, Journals, 41(1-412. r>y this le'_'islatii>n llu^ oM borouizlis of Jsiajjura and Cornwall were altaihed to tlic eh'ctoral districts of Lincoln and Sioruiont rHSpcctively, 8. -, snb-ss. 1 and 19. See Kov. Stat, of Can., c G. ■4!i Vict., c. 1'4 ; llev. Stat, of Can., c. 7. "I'lus isalar>re representation for a po|»nlation of less than live millions a.s mmpareil with the IJotl menihers who now represent over ()0 in Cuuu'ress. The census of ISSI n&\e Ontario l,9l';5,JlS souls; ; British Columbia, <>; Prince Edward Is- land, 6 ; Northwest Territories, 4.' IV. The Election of Members to the House of Commons.— Dominion Franchise.— It is provided by the 41st section oi' the British North America Act, 1867 : " Until tho J'arliameiit of Caiuulu othorwiso provitleM, all laws in foice in tho .several provinces at the time of the union relative to tlu' followini,^ M;;ittoi's. ()!• any of tlioni, namely, tho (lUalitioa- tions ;in'l disiiualitications of poisons to bo olecled, or to sit :ii nienihoi's of the loijislative assemblies in the several province^, thb V(>ter-< at elections of such tnembers, tho oaths to be taken I»\' voters, the i-cturninn' oflicor.s, their j)owers and duties, tho pro- ceediiiirs at elections, the pei-iods duiin session oi' IS74 that more complete provision was made for the election of members of tlie House of Commons.'" This law dispen.ses with public nominations,' and provides ibr simultaneous pollinu," at a i>eneral elec- tion — a provision whith had existed for years in the pro- vince of Nova Scotia. No qualilication in real estate is now rt'quired of any candidate for a seat in the House of Commons,' but he must ))c either a natural-])orn subject ' Ddin. Stat. .5()-.'jl Virt., c 1. - 34 Vict. c. L'O; :5.') Vict. cc. 14, Ki, 17; (tiie two last chapters provide'! merely fnr cleiitiou pniposes in onuntiesof Victoria and Inverne.ss, N. S.) ;]() Vict. c. L'7. ■' ;'.? N'i't. c. '.». See llw. Stat, of Can., c. S. * The open nomination of candidates was al>olishpd in Kujland by ;*..') and :!() Vict. (IS72), c. Si]. Tlie property (iiialiticaficn bad beei\ previously aI>olisbed in Kiiidaiiil It THE ELECTION OF MEMBERS. 147 of the queen, or a subject of the quet'ii naturalized by au act of the parliumtnt of Great Britain, or of the parlia- ment of the Unit il Kinj^dom of Great Britain and Ire- land, or of the legislature of one of the provinces of Canada, or of the parliament of the dominion.' All per- sons qualified to vote for members of the legislative as- semblies of the several provinces comprising the dominion could until 1885 vote for members of the House of Com- mons for the several ekn^toral districts comprised within such provinces respectively ; and the lisis of voters used in the election of representatives to the legislative assem- blies, were used at the election of members ef the House of C(»mmons. Provision was also made in the same act for votinii' by ballot. In the session of 1878 the act was amended with the view of ensuring greater se*recy in the ballot system, the use of envelopes being discarded.- Open voting now prevails in the Northwest Territori(^s of Canada only.' In the s(»ssion of 188o. Parliament, after a remarkably prolonged debate in the House of Commons,' passed an act ' providing a uniform franchise for th(» dominion, exclusive of the Northwest Territories, which were not in is:,s l.y •_'! and 'J-' Vic. c. L'6. For dehato, see I'u) E. Ilaus. (it) -'21', 57(., 14lil, ISL'll, l!>l!>, L'OSli. ' l'>y Hub. s. '_'.') of's. !»1, of n. N. A. Act, 18(17, naturalization and aliens an- now anions^ matters falling,' undor the exclusivi' legislative authority (ittlio parliament of Canada. • H Vict., c. (), Pom. Stat. Can. Hans. (1S7S) 1844, l'07:'., "Jlltl, 'JltiO. The secret ballot was e8tal)Ii8hed in 187i' in England i except in case of university elet;tions) by ir* and ;{i> Viet. e. ;>3. Tlio dominion act of 1878 also provides for a recount of votes by a judge (see. 14). .See Rev. Stat, (if Can.. V. S. Kev. Stat, of Can., e. 7, s. 51. ' See iufra, chap. vii. a. 0. ■ Rev. Stat, of Can., e. .'>, am. by 52 Vict. c. '.» ; 5:5 Viet. c. S. For acts susiK'Uiling revision of lists see hifra, 151, 152. On .several oecitsions pre- vious to 18(17, drafts of .acts wore submitted to the Hoiusc of Commons hut none of the measures were pn>ssed. See Mr. i'dake's .si)eech on tiie hill of 1885, April ISth. llansanl, for diiferent proposals to deal with this question. ' I i r t I I ''i »i i li '•■J ' I M ." :; It:; \ rjl ■:r 1 I. 148 THE SEX ATI-: AND Hoi'SE OF vo^{^foys. thou roprcsonted. Ev«'iy malo person ivgistored in accor- dance with iho statutt', of the lull ai^o of twenty-one years, a IJritish subject by birth or naturalization, and Tiri.K Of VtiTKit,' I'KhlOK or I •WNKIISIIlr (lit I'llSSKSSIIIN or I'KKMISKH. OK liKSIMKNCK IN IIIK Kl.HC- TOKAI, IMSTRICT. /(*<(// I'rtijK itji t'l'iiichiir. (1) On (") in hi." own ripht- Owner>lii|) af tlio ijntc of ('.) in riKlit nt' wile I the ri-visiuii of tlie li,-t. (<•) hi." witi'iiwntT j (iiAMi vix(; Vam K. (2) Oiiiij„iitt- ((f) in his own right. (i"si',''fiiin out' yt'iir lore lieinp iiliiofij on liie ("itic: low I 1. .S'JiM. (//) in rik-'lit of wile j for. ((■) ill? wife ocelli unt. list, or a|i|>liciiiioii thiTu- (^) r. I") FiiiiicT i.-.vner. ('.) Mother owi.cr. 1 Othur |iliice.«,.'>l"(i. Fiirni iir other ro.il |iro- (4( Oir/K (") FiitliiT owner. V') .Mother owner. . UosideiK'c will) Intherorl iicriy, if ei|iiiilly (livniuil inotlur on iinipfrty one aiiion).' tlie lather ainl .-oij.-, year .jefoie lieiiiK placed (• or (if niotlier the owner) on tile list, or a|i|ilieati(iii I iinioiiit llie sons.siillieient at- therelor. J ossessioii one yesir he- (5) Ttnuiit > fore heintr iijaccii on Hio S ii St or api'lieation tiierefur. (••) T t\t- I'd I'm* r f •", .- 1 v< 'eording to the ahove val to Kive each a vote. y- monthly, or St) iiujiiterly, or under a live.' .i;!'.' half-yearlyi or ease for one year C.J (7) /'. ; ve.ars lease lor one year Father tenant j hefore hciim' plaeed on tiie •Mother tenant J li»t, or application therefor. > ilesideiice and ownership \'iiiiiin (owner) i at the dale of the revision of the list. .^-U yearly. Si^V*), hind, boats, ll*! \ tackle, .Vtr. iinK (M A/.//. • 1 (e.xi-ei>t in .Manitoba,;. l*osscssi) a can- didal.' for a seat in the House of Commons for such elec- toral district.' Any twenty-five electors may nominate a ' l»oui. Stat., lit Vict.. (!. IM. s. I (H«>v. Stat., c. 7.) - Kov. Stat. «if ('at)atla, c ■),s, l(t. ■ :17 Vi.t., «'. !l, s. L'O, :J!> ; 4S.|it Virt., c. K), hs. 11, fj ; aW-oX Vict., v.J\, s. 1 ; Rnv. Stat, of ("aiiaila. »'. 8, s.s. •_'(», 4"_'. Wom«n liave no ri^lit to vote niiiler tliu iloininion t'rancliise law, Imt in the oiii.:inal ilrat't of the act, as Iiri'seiiteil in 1SS5 by tiui pnuiiier, Sir .loiin MactlonaUl, tliiMo was a i)r()- vision to ;:ivoa vote to " a female ihm-hoii muuarritvl or a widow.'' See Hans, i;!'*"), l:!SS (7 ^<'.y. None of the provinces have estahiislK-d female siillrai:'", except in the ciwe of municipal elections. At these elections in • •iitario, Nova Scotia, I>iiti8li Colunihia. Manitoba and the Nortliwest Teiritoi <'.s, women can vote within certain limitations. See Ont. Uev. Stat. c. IM, 8. 7!> ; Nova Scrotia Stat. (I.SS7) c -'S; .Man. Stat. (1887) c. 10; ■^ \^ 1 i ; 14 i i HH ri. 150 TIIK SEXATi: AMt HOrSE OF COM.VOXS. candidate lor the House of Commons by hi<^niug a uomina- liou pay)er in^the lorm set lorth, and the sum of two hun- dred doHars must be deposited at the same time with the returning; ollioer ; and this sum shall be returni'd to the candidate in rase of his election or of his obtaininii' a number of votes at least equal to one-half of the number of votes polled in favour of the candidate elected, but otherwise it shall go into the public revenues,' Kvery writ for the eUntion of a member of the House of Commons shall be returnable on such days as the uov- ernor-general in council determines, and is addressed to such pi-rson as the government may appoint.- The »ame day is fixed for the nomination of candidates in all the electoral districts of Canada — including the Northwest Territories — except in Cariboo in British Columbia, and in Algoma in Ontario, and Gaspe in the province of Quebec, where the day may be fixed ])y the returning officer, and also the day and pines for holding the polls.' In case the person to whom a writ is ddressed refuses, or is) disqualified, or is unable to act, another person may be appointed. In such a case, or in the event of the death of a candidate after nomination, another day may be lixed for the nomination of laudidates, and then' must be a special return to the < lerk of the crown in chancery.' The returning officer shall, immediately alter the sixth day after the final addition of votes of the respective candi- Brit. Col. f^tat. (188.S) c. S8; (1SS!») c. 34; (18!»0) c. ?A, 88. IL' an, s. 1 ; am. hy 4t Vict, c. 3, s. 6 ; See infra, 181 as to issue of writs and delays therein. Horn. Stat. 51 Vict., c. 11, ss. 1-;! ; ///. o;] Vict, c, U. * Rev. Stat, of Can. c. S, ss. :!, 15. Such a case occurred in the general election of l&>tl, Huntingdon district. rHK KLKCriOS OF ME.Vni'Jh's. 151 dates, uiili'ss lu'lbie that time he ree.jves notice Dial he is i< quired to attend ])eror<' a judi^e tor the purpose of a reeouut ol" such votes, transmit his return to the * l.-rk ot" the erowu iu chancery, (hat the candidate havini^ tho largest number ol" votes has been duly ele«ted, and shall liirward toeach candidutf a duplicate of rhe return. The . lork of the erowu in hancery must, on n»ceiving the return of any member, give notice iu the next ordinary issue of the Canada Gazett*' of the name of the caudidato so elected.' As communication by water between the Island of Anticosti, or the Magdalen Islands, and the mainland, juay be interrui)t«*d during- an election by the severity of the season, it is provided that the <5overnor iu count-il may direct that all necessary information relating to the election may be transmitted by telegraph by tiie return- ing officer to his deputies, and by them to hira, so that he may be informed of the number of votes, and of all other matters relating to the election, aiul be enabled to returu ihe candidate having the majority, or make such other return as the case may require. The islands in question form part of the »'lectoral divisions of Chicoutimi and ^agueiuiy and Graspe and it is difficult to «ommunicate with them at certain seasons.- The original Franchise Act provides for .i revision of the voters' lists on or as soon as possibh^ after the lirst day of June in each year, but as a matter of fact, alter the first preparation and printing of the lists iu 1880, in accordance with the statute, acts were passed to continue those lists in force during 1887 and 1888. In 188i> the lists were ' 41 Vict. »•• (», .s. 11 ; :57 Viot. c. !), s. 64 ; Rev. Stat, of Can. r. S, ss. »i")-(5«;. l*ee infra, UJo-Km, lor a case w lero a retnrninji otlicer exercised an extra- onUnary power ami doolared the candidate in the minority duly clocted to the Canadian House of Commons. ■' Kev Stat, of Can. c. S, s. ll!-. .Sw remarks of Dr. Fortin, when niem- her for •iaeiiO, as to the necessity fur sucii a ])rovisioii. Can. Hans. (1882) 14«il. i'l ■m 1 1 ^i* i -^1 li: i' 1 1 mi! Jili ir)2 Tin: snxATE and uorsi: o/ coM.vnys. Ti'vist'd, juul wt»re continufd in lorrc diiriiiy IsiK) and ' ': un til Mnnh. l^'.'l. when a y law. A properly tiualitu-ation is cotitimiod with ••espivt to oloi-toral districts of Ali^oma anil otJuM- plates, where there may he no a>- sessinent roll or vteis list- In f,>iiel)ei\ — Owners or occupants of ic-d estate estimated at a value ot' at least j?:jti0 in city inuiucipalitii'Sj and 8-t"» in loal value, 'ir .Si'o in annual value, in any other maidcipality. Ten- ants paying annual rental t'or real estate of at least §.'!•» in a city, and Sli'l in any other municipality. Also leaeliors; retire 1 larmor> witli a rental of jjlooat least; (armors' sons workiiig on thoii parent-' tarms, it' dividoil ecjually holwoen tljom as co-pro[)riotor.s ; son- ot'ownors of real jjroperty residinu: with parent-, oi\ similar eotnlitions; tishormcii, owners and oecui>ants ot" re.d pi'o[)orty au'l hoats. ii>hini^ i,a'ar, or of^hare in ship, of actual value of at lea>t Slat). //( X"r(i S'-ofi(i. — Persons assessed in respect of real j)roi)L>rty to the value of $IM, or of personal, or of i)ersonal and real pro- ' H«n-. .Stat. ofCttu., c. 5, a. 15 ; .'>0-5I Vict, c 5, 8.s. 1, '2; 51 Virt. c. !» ; oli "\rict. c. s, s. 12. See (lol)at»( in llou.se of ('oninions on tho revi-ion ut' tlio lists ; Hans, (isyoj ; i -<>.") -."ilio."). In tiio course oftlie dehate the .secrctaiy of state, ( Mr. ChuplHau), stated that the lir.st revision cost over j^WO.Oeo, and the seidiid a little over :sl.')t»,Oou, p. I'.S'.t.'). - Out. Stat. 51 Vii't. c. 4 ; Kev. S?tat. of 1SS7, e. l), s. 7, ■' Qnehec Rev. Stat, arts 172 tt xoi; 52 Vict. c. 4 ; 5a Vict. o. 0. Tin: ni.wciiisi: is the ri!<)\i.\(i:\ 1.").'] jierty to tho vuliio of $'.W). l'ei>ons exoinpti'd ivnux tuxution wIk'ii ill |iossessi()ii of |)r<»|it>rly as jint Hct fl>rlli. 'I\Mi;itit>, yearly. «>t' juMpcity as just utatoil. Sons ot' tinci^oiriii; iterxnis, oy ,\\' \viil, in ))')ss('ssi(tr\ ot" I'tioiiijli |ii"o)>(»rty to i|iialily iiiplei' f'oro- troiiii; ((MKlitions. I'i>rsiins cninyini; an annual inroiui" of jilTiO. Ki>ln'rmon witli tlshini; ijoar. boats, anil roal osiato to valuo of 8 1. ')«».' //( yi ic Jiruns'iirh. — Pei-sons assossiMl for tlii* year on rt'al I'siate totlio vaiiio of .Slot), oi" on porsonal, or on |ic'i'sonal aii'l roal pro- porty to«;cllier, to llio amount of .'JiOO — or with an annual inronio ot 84"0 — such por.son Ix'in^ iluly r-ogisteroil on the voters' lists in an »k'itoral ilisti-ict. Priests oi* other (Jhristiun jninistors. t^r ti-aeliei's. or professors in eollei;es. IJrsidcnIs in a ilistrict lor twelve months pr»Metlinic the niaUini( up of voters' lists.- //( Prince K(lir((ril Isliinil. — Owners oroecupants t)f re:il estate, within the eleetoi'al district, of the clear yearly \alue of §! ior to si^iiinn^ ot' I'Ciiister. Indians, or jjoi-sons of Indian hlooil in receipt of an ai.naity or treaty money from the Crown, are excepted. Also all ottii'ials and omployce> of the dominion _i,fovornment receiving a >alary to amount of 83.')0 a year and ujtwards.' ' N. S. 8tat. Tvl Vict. e. 1. I'revion.s to 18(5:!, (Rev. Stat, of IS.V.i. c. T), s. 2), nuiuliood snfl'ratre existed in Nova Scotia, but tho rijrlit wa.s i|tialitied by a provision requiring; one year's residence in tlie eKx-toral district, anll'irt.' //( Hn'fiiifi Columlilti. — Rosidoiits in llie |iiMvinco for fwelvo inontlis. :inil in an rloctoi-al dislrict foi- two months of that |'i'i'iroviiu«*s tlu'vo nvo .statutes proviiliiiu lor th»» punishment (d" torruption and bribery at provincial oleetions, and I'or the trial ol'tontntverted eleetions before th<* courts, similar to those for the Dominion. VI. The Trial of Controverted Elections. —The Canadian .sta- tutes reii'ulalinu' the trial ol' coutrovi'rti'd elections, and prcvidinu' lor the prevt'iition oi" corrupt practices at pav- ]iame!itary chn-tions have closely I'ollowed tlu' I'hio'Iish statutes on the same subject. l''or some yea's, in Upper and Lower Canada, the llonse it, sell" was the tribunal ior ilie trial and di-icrmination ol" ele, election petitions were tried by committees or by the whoh' House, aecordinu' to the < (Jed. III..r. :;, V\>\<. Tan. Stat. ; isiico. ill., r. L'l, Lower ( an. >tat. ; TiS < ien. 111., (•.,"), of l.dwer (an., pnivided lor tin* apiMunlinynl nlf. piniiii.s- Bioner.s or coiiuuittees for the H.snnnnation of \vitiuvsm« ; s (ien. IV.. ». ">, for ennimi,sHi()ners for ilipnanie iiin|»>.so in IIj>iH'r <'auada. ' 1(1 tieo. III., c. l(i, Imp Stat.; .May, 7 if). ' 4 (ieo. i v., 4, Up|KM' (". Stat. " Imp. Stat. •-' and ;> Virt., c. ;{S ; am. i>y 11 and 1- Virt., «•• US ; 19 ' K. Hans. (:;)'i'*4. Till-: TIIIM. OF toSTIlOVKirrKD KI.I.'TIOSS. 1;-)-) lejiisljvturc in 1S51 passed an act transl'.vrinir th»* \vhol«' of its authority to a n»»\vly I'stahlishod tribunal failed • tin* ut'iicral ( oniuiiltt'f olflff' .ns," whip()int»'d by tiicspi'ukcr by warrant under his liand, but subjci t to tin* ajiprobation and sanction ol* the House. This coniniittec was sworn, and then prorecd- «'d to select certain members to serve as rhairmen (»i elee- tioii <<»mmittees, and also to divide the remaininii" mem- bers ou the list submitted to it into three panels, in such manner as should seem most convenient. The committee ol" elections had the power of select inj:' a committee of lour nn'mbers from tin* ]>anel in service, and a lifth mem- ber was ch(>sen by the chairmai>.> panel. The members ol the committei' thus selected to try the inerits of an election petition took their oaths solemnly and publicly at the table of the Jlouse, to execute justici' and maintain the truth. The witnesses were examined on oath, the petition«'r and respondent both api>eared before the com- mittee by th«'ir « ounsel, the decisions and prec«'deuts of ihe superior courts were i.srii('li, tluMi I'limifeilor n( tlic (>xclieriiiiL' the trial <>t election iH'lititui.s te iu(l).'ps (.".1 uiid ;!'.' Vict,, c. l:.'."i). Ill ^'iviii^' his i,Mtioii." Tlio It'triMJalnrf thus |iracti<;iily re.nrred to tin' ii."th(i.l ,ulo|»l('(l mom tliaii 15(1 yoars iiicvionsly m tla^ election Mtutiite of 11 n.'iiry IV. Tttsweil-I-ununu'ad, CoiiHt. Hist. IlVi. !iii m J \ :;.! e j-lir;! ■1 ?t :)l I. I * IrffT I'i' < - 156 Tin: SI '.SATE AND HOUSE OF fOMMOy.'^. ,-li III Canada, lor many yoavs. Ihoiv was a concuvrenre of opinion, ill and oiil of parlianiciit, that it was ncccsHary to translt'v llic jnrisdiclion ovr of justice, introduced a bill " to make better provision respeelinu- election petitions, and matters relative to controverted elections ol' nn»mbers ol' the Ilonsf ol' ('ommons." ' This bill which passed into law jirovided lor the trial of (dec! ion })etitions by judues in the several provinces ol' Canada. Harrister.s of ten years' standinu' were to ln' appointed judii^es ofl line, in case the lieutenant-tiovernor in council in any province should neo-lei r or refuse to rocjuire the judjyes to periorni the duties :issiu'ne(l to them under the act. This act was repealed (except as respects elections previously Indd) in the session of IS" I by another, introduced by Mr. Foni- nier, subsequently iiiinister of justicie,- and makinii' nioie ample provision lor the ti'ial ol" contr(»verted elections. Uns. •■ Now iiiu' «»|' tlif JMil^rcs 1)1' till' .siiprtiiu" (uiiil ut ( aiiiuia. ' H«v. Stat, (if (ail., c. It, .s. !•. p THE riilAL OF COXTROVEUTED ELECTIOXS. ir)7 coustitulioiial power of tlio doiniiiiou parlianit'iit to con- stitute eh''r was relerv'-d ic iht supreme court ol' Canada and eventually to the judicial coniinittee ol" the privy council, ])()th ol' which tribunals decided that the act was const i- lutional.' The statute -' provides that the jud lies of the lollowinu- courts shall try election petitions : In the pro- vince orOntario, of the courts oTerror and a^ipcal, queen's ])cnch, common jdeas smd «haurcry, and the chanucl)ec, oi'llui superior court. In Nova 8coiia, New Brunswick. Bri- tish Columhia, and I'rince I'idward Island, ol'the supnMue court. In Manilol)a, ol' the court ol" (jueen's bench. In the Northwest Territories, the sui)reme court ol' those terri- tories. Ily the Ontario .Tudii-ature Act ol' JSSl, the several (ourts ol" that i)rovin»'e, mentiont'd above, were united and *'onstituted one "supreme court ol" judicature lor Ontario," consistinjx <•!" two permanent divisions, < ali< d respectively, 1st, "the h\(^\\ court ol" justice lor Ontario," ;ind, lind, "'the court of appeal for Ontario. " The courts of (jiu'cn's bench, chancery and common jdeas became divisions of the hii^'h court. After (he elections of 1882, p.'titions were liled in the common pli'asand queen's benleas and chancery, named in the Controverted Elections Act of 1S71, are still «'xist- ing courts for (he trial of such i)etitions: that tlie.se courts are not the same as the divisions ol" the hii^li < ourt which are bran«-hes of that court, and no( distinct «ourts. The sui)reme court of Can:ida, on appeal, held that the iict in (juestion makes the hiuh court of justice and its several divisions a conlinuation of the exisdni^' courts, and that the high court of Justice ((jueen's bench and •■ 37 Vict., f. 10; -iu V'ut., c. LT) ; Uov. Stat, of Can., o. «J, m. '2. J"i i (.'"•■■ :.\ : hM,j m 'ill |,l • 'i m ,\\ j_i4.- ^•tH if I ■ 158 77//: si:x.\Ti: am) iwvsf. of coyrMONs. otlicr divisions) has, iiikUt a )»»'W nanu', the jsanit' Juris- (lirlion in (lomjniou rontrovert»Hl cltM-tions as had the courts named in the said a<;t of 1^174.' Under till' Controverted Klections Aet - the judi>"e must re|)ort and eert'iv the result to the speaker,' and may als(» make u special report as to any matters arisino make his report, except in case ol" nii appeal, within four days after the expiration of eiu'ht day^ from the day on which he shall have i^iveu his tlecision It is also i^rovided that the trial of every elcirtion i>etition must he comnitMiced within six months from the time of its presentation, and he pr(»ceeded with day hy day until ' Ciin. I...1. I IsS'JT, :;tS, -ton; //,. [ISS;;] 1'4(). Cuii. .^ui.. Court K., viii. \'X. ■ KeV. .^tilt. el' ( 'iUl., '•. It. l"(ir llit> I 111 r| II LSI 's (if this act * \W\\ Stat, of Can., c. )>, s. 2), wlioii the .sjHinkcr is iihsi'iit tir mialilc tnatt, llu> cIiiU of t lie liousi>, or any other utlifor I'nr tlio tiim> l)oiii^' iKMtnriuiiin his dutii'.s, is mititiiMl lo art, aii.ll.,.hihotte, cIi'. ' Kev. Stat, oi ( an. (. '.', >.. Id. Tim lirHt cam* of .speaker onUirini; clerk of tlic ( rnwn to alter a relnrn was iliat of Mr. I'himli, nf Nia;inra, < an. Com. .1. [IST'.'l 1:1s. 1(1. In i''.ii;,'lanii, in similar case.s, tiii» I'lerk of tiie crown in cliancory is orilerod tn attomi, to anien>l the return, and wlien lie oIm ys tiie order, the return is amended in niTordance with the judiie'.s report, ll'.r. Kn_'. ( om. .1., 4, ■'», Id (l!orout?li of Kvesham, issi. ) 1. . ; THK riilAL OF COMHOVKIiTICI) KlJXTIOX.'i. 150 ill.' trial is ov«'r. hut wliemn't^r it shall appear to tlif court or judu,!' I hut the rcspoiuliMit's prt'scnfc at the trial is n.'c.'>sary, lin' trial of an flection pc'ilioii shall not ho lOinni'V ed durini; any session ol" parliamcni. and "in rh'' v-oini>'Mation of any time or diday allovvt'd h^r any step or proveedin<>- in resju'ct of any suth trial, or for the com- ui'uceint'nt thereof as aforesaid, the time orcnpicd hy >ueh session of parliament shall not he in(lnde preseuce is necessary. The time ^vithin wliich the trial lii ation made after the ex[)irati()n of the said six ni'iiitiis is an invalid order, and «'an give no jurisdiction twrrvthe merits-of the petition whieii is then out of 1 <»urt.- In the session of IrtT") an an was passed to estal)- li-h :i >\ipn>me court and a court of exrluMpier lor Can- ada. I'rovision is made therein for an api>eal to this I uurt ill ease any party to an election petition may ho di^satinjietl with the deeiMioii of the judu" who has tried rh" same on any (jUcstion of law or fa. t. Th.' reoistrar ot th.' court shall eertify to the speaker the judirnicut mikI (I ( isioii ol the court upon the sev«'ral (|Uestions suh- iiiincd to it.' Til.' law for the preV'iitioii of corrupt prartices at elec- ■ Ktn-. Stat, of Can., c. », ». :$2. • Siiji. ( ourt of Cmi. k«'p., Vol. \iv. l.i;'. •( ",./., (iic/i^'arry Kli'ctidii lu-i'. iU'V. Stat, iif (an., r, 1:;."). .Sfo mz/ow, HI. ' .Mr. I.an^rovin's rase. !s77; .Mr. I.allaiimi(('s lu.st', ls7s. AI.sd .lnin. (l>Mi'Sl), 'J, ;!. L'L'O, 'J2-'. in .•i.iir.iniiity witli :'.7 N"ift., c. ]0, h. ;'.(J, uivi :'..s \;rt.. c. 11, s. IH, tlio HjHMUvi'r ill 1S8;! i.HHiH'd his wairaiilto tlio I'hM'kitf tlie ( I wii .liie. tm>; liiiii to alter tlio return for (^iumju'h (niinty, !'. E. I,, an t!;p le).'al i()n."<»'i|nt'n.(' iif tlin il".i.si.>ti ef llio (juiiriMne (.'euil of Canada on an I'lcrtion apin-al. .lour., (il-;l. ^U u; n H 1 1 M 1 1 ^ i . :1' § 1 I I 160 77/A; SICXATE AXD HOUSE OF COMMO.WS. Ct' tioiis now inovidt's sevore ptMialti<'s lor all iiilractions ol its provisions.' Amonu;- othi'r Ihinus, if it is pr(i\ 1 that anv t pratlicf hasln'on ioniniiltcd hy an«l w li the artual knowlcdu'c and consent ol" any candidatt' ai an t'loi'tion, his scat will Ix* declared void, and he shall, dur- intj- the seven years lu'xl alter the date of his beinu' lound guilty, be incapabh' olbcino" elected to the llonse of Com- mons or ol' voting- at any election of a member ol' that l)ody, or of holdinu' an ollice in the nomination (jI the Crown or of the ufovernment of (^inada. If any candidate is fonnd uuilty of havinij;- abetted or counselled the ollcn (if ]>crsonation at an clectiini, his election shall be de«lared void, and he cannot sit in the House of Commons for any electoral district durinu' the i-onlinuance <>f the parlia- ment for which the election is held, and during- the cnsuinn' parliaincnt. Any other person who is found guilty of any corrui>t practice shall be incapable of siuiini- in the House of Commons, or of voting at any ele« tion for that b(»dy, or of holding- any government ollice, durinu • •iifht vcars after the time at which he is adjuducil uuili v. The law i>rovidcs that when the judge, iik his repdvi on tile trial ot an election petition under the e.ontroViMted elections act, states "that corrupt prat-tices have, or that there is reason to ])elieve that corrupt practices have ex- Teiisively prevailed at the elei-tiou to which the petition relates, or that he is of opinion that the iiujuiry into the circum>tances of the election has been rendered incom- plete ])y the action of any of the parties to the petition, and that further in<|uiry as to whether corrupt i)raciiies hav"' extensively prevailed is desirabh', no new writ shall issue for a new election in such case »»xeept by order of I lie House of Commons.'' Some doubt havinu' arisen , is ' Seo Kev. stilt, of Can., c S, ss. s|.;i!i ; c. •», sa. (iy-Sd; c-. Id; .')! Vi.t. v. 11, 88. 14, 15 ; W Vict. c. y, s. 1 ; M Vict. c. s, s. 'J. ■' lit'v. Stilt, fif ('an., c. s, ss. KtWis. Sec Londnn I'.leciion, 187'), < an. ( um. .1., -4-:;0 ; (.hauiljly Eleoti'Ui, 187(1, Ih. 18, I'.". Uiii THE rillAL OF COSTIIOVERTED ELECTIONS. 101 to tht> exact «'oiistruction of the Ibvog'oing; Hcetion, the question was rercncd to the roinniittee on privilejres and elections in the session of 18SH. It appears lliat the speaker had issued his warrant in the cases of thi* eh»t- toral districts of Kent and Russell, in the province of Ontario, when; th«5 elections had bi'on declared null and void, and tlm judges reported that corrupt practices had prevailed extensively, hut wen* unable to say whether further incpiiry was desirable. The committee reported in the Kent case specially referred to them, that the order of the House wJis necessary for the issue of a new writ for thai county on the report of the Judu,"e. New writs for Kent and ltuss«'ll were immediately issued on motion duly made in the House — the previous warrants of the speaker haviny; been withdrawn.' A statute- specially provides for the issue of a commis- sion of in(|uiry on address from the House of Commons whi»n«»ver a judi^'c reports that «iorrupl practices have or that there is reason to believe that corrupt pnu^tices have extensively i)revailed at :in election, or that he is of opin- ion that the inquiry into the ('ir<-umstanci's of the election !i:is been rendered incompleti' by th" action of nny of the parties to the petition, and that further iiKpiiry as to whether corrupt practices haye. extousively j)revuiled is '■ llev. Stat. <.t(au.,r. !», M.S. 41,48 ;rivn.Cuiii.. t..(l88R) iL', lit, 51', .V), 12H IJ!', l;!'.t. Ill oiii' cnsii till! .spOuUt'l' i.ssucil 11 will III sl(/i. rdo^'i." to tlu'clHik ■ il' tilt' Clown ill cliiUii'ory to stay all proretHlin^^H in iclation lotlie is-iie Mtaiunv writ iin of ConinioiiH aH to llie practice in England for the allor- uey-nenerul to move ftir a royal connnisHion to take evittenco on the state- laeiit of a jnil^re and rejtort to the IIoii.se, ami on thiH report a hill is 1 roii^tlit in to (li~franehiae tlie con.stilueiicy or other action is taken hy the House. <'an. Hans. (188S) 'JJ. Also May, I'M, 732, for aihlresses issueil under the Kn^lish law. 11 %- --■■'i- t' (! I ( ,M K52 Tin: slSATK AM) lloVsi: Op ('OMM(>y>. OSS ri's»MiltMl under the ControviTti'il l'^li'« lions A«-t, and askinj; lor in((uiry into rorriii)t pratti- ci'> wliich, tlicre is reason lo hclicvt-. i'Xtcnsivi'iy pre- vailed at the I'lortion. Only one »'aso has st» lar otrurnMl ndi-r this slatntf : the petition ot i-ertain electors of Souili Uretivill*', which was referred to thesiandinu' connnittic I jirivileci-es, in IS"'.*, but no report was ever made on the subject. TJie law requires security to ln' «;iven 1 \i OJ o meet the cxj)enses o! tJie iiKjuiry in certain < ases. One lhou«^and dollars must be deposited with ih" accountant oi the House belbre the petition UJulc)- the ;ici , jiii be received. The certifi<'ate ol tlie accountant that tlie money has been dep(»sited must be aitaeJied to the petiiion on its j>resenlaiioM. Since the House ol" Commons has divested itself oi' it, original jurisdiction for tlu' trial of all matters touching the election reiurn of its members, petitions callinu- ini'- •piestion the rii;ht of a member to his seat have not been reel ived on two occasions — the sense of the II oU.se hcillii unmi-takably iti favour of the principle laid down thai it is most inexpedient to re-open an election cnse after it lia. Ill III" Ki'lll nm r('/"itr rojHiH (iI'M.m icHninl jmluif, l|ii|| \w liiiil r('rt> fdriiipt prmii'i'H (*xut|isiv^'|.' |tr<"V(iili«(| in tint t'lui-- (oral . W«>' i\ii\\f,, )'-.'<>. -Can, <„i.i. .I.,(IH74) l:'i "///. n.SSO-s/) ll«»''jn(»| Ciiii. tl.iliK. l(|i|//:^|| H'S.rKM). Sco .\iji'..*s liritisji i '(inn., | |fl, Tin: rt'jM. or r(>.\Ti:(>\-ER-ji:i) F.i.iuriass. 1U3 in ih»' ComiiLons ol I'itluT roimtiN .' It is iidniitiotl, how- I'Vt'i'. thiit tlu' Housi' is hoiind to U\\\k> iioti >! any Ic^al (lisahilitios iilli'ftiiij; its iin'inl)«'rs. and to issm* writs in ill"' room of mi'niht'rs adjudi»:od to ln' iin apahlc of sittinsi'.' In liKf, tluTf is uulhoritv lo sliow that tin- v<-ry samo (jii'siion wliitli niiiihl lia\i' ln'cn dt'ti-rnnnt'd. upon peti- tioa. by an »•!»•» t ion judui-, has hccn adjudufd by th'* llnns'' ilst'ir. In one idcction casf, a rourt in Ontario unanimously lichl that " thi' linht to tb al with all matters alii'ctinL*' the (d»Mtion and return ol" its nit-mbiMs bi'hmu's to tilt' House ol' Commons, except so lar only as ihe parliament ol' Canada has expr««ssly devolved on lh"» t our Is certain express duties and powers rcsi)et;tin'i" elec- limis. The Ibiuse ol' C'Ommons retains all powers that n h IS not expressly <»iven u[i ' 111 any case, it is always rcunlar io recoive a ptMilion s. I'.iiiii" lorth a ti'rievance, and piayini"" lor a rem "dy, pn»- vidc ri'iiiiuliH I'C iiiiiii>l»'r of juMtict^ .liiiui 1, 1SS7 ; Can. Haiis., (i?.') ■ .May, 72:>-4. Sci- ( »'|)tiiii>\aii Uissa ami otluT casen, '»'./(", iii-l. .*^iiliiey Waleilnw cas*', iL'J V.. Cuiii. .Itnir., IJ, i;',, SJ, 8.S. A siuiilur |ii< vi.siiiii (>NiHts Ml tlin Kii;.'liNli law (s. ,'i(iii|' tlit> Klit'tiiiii 1'clitioii.s Act i, a>i jmlica- liiii' of tlio lliiii.st" i.H Ntill exrrcisi'd in matUMS tit' cliM-tiniis, takes (la* yr>'illiilllial ulltir till' liaix liuH expiiiil Inf ri'iniviii).' fioclinii jH'titinii.Hi lilt' ilmiHi* In iMil nnly fnut, lial li>|,;ally IhiuihI, tn iloti'itiiinu all •{Uf8tioii.^ nllt'ciiii^' (lui mmlH (if Iim iiikimIioih. Ill /m rciiirit \Vciiiii;.'tiiii (•!(>( 11 II I.e., )^ li., i :'.-.'. '.Sinili'd liy H|H'al>t'rel i'.|i|iliHli ( iiiiiiiiiiiiH ill cauM ol a jH>titii)ii tVniii |;||i|i)nfN or jVolilcit utitl Hi'Ikirk roiii|ilaiMiliK' lliat ci>rlain voters, ut \\w InHt uoli^hlj ()|ui>|iu|), |i((i| ijaalilii'iilioiii) ortili illiiMitry diunuiiM 1^*1 V.. ilaii.s. lil/jjC^ll W wm: ;1 ■ : - 1! :^l ^1 ,li l! ' iiill -i!' : w I ^1 ;ii |i- , t ■ i ! 1 lii : ^-lU Ui- - \h 4i--^ 1 =-■ mi 104 Tin-: ,sijyATJ-: and iiovsk of com moss. the powors and duties ot returniuf? ollirers, and the jurisdiction still possossrd by tho House in controverted elections. It appears that the returnini'- ofTicor lor the county ol" Queens, New Brunswick, insti'ad ol' declaring Mr. Kin<^, who had the majority of votes at the •'•eneral election ol" 1887, duly elected to represent that ele- toral district, decided that his nomination paper was invalid on the j?fround that the deposit was not let>ally made, and returned Mr. Baird as the representative to parliament. It was i>roposed in the House to amend the return, l)y erasincc Mr. Baird's name and inserting- Mr. King's in its place, hut alter a long debate the matter was referred to the committe(» of privileges and elections. The commit- tee, after a full investigation of i)rece{lents and authori- ties bearing on the, subject, reported as their opinion that the House "ought not to declare that the said George F. liaird is not entitled to sit in the said House, but should leave the case to b.' disposed of under the provi- sions of the Controverted Elections A«t, it beinu' the in- tention, si)irit and policy of parliament that all (juestions as to th<' validity ol' the election of members to the House of Commons should be decided by the ordinary legal tri- bunals of the been duly filed, and a poll onh-red, should he left to tli. proper courts to decide. In this vexatious case, to follow it to a conclusion, it appi-ars that no election petition was filed in the courts, although there would have been time to have done so three uislatures of those provinces.- Subsequent to 1872, ' (an. Com. .1., (1SH7) 7-10, 41, 42-51, 70, 9;'), 120, KK?, liXi. 20,'), 207, 208 ; (an. Hans., 154-1S(); «)71-7(i»). Also Can. ("om. .1., ( 1SS8) 44. Sho ii S|iee('h ol' Mr. Kdwnril Hialie. 20tli Marcli. 1S7.'>, as to tlio i)o\ver of tlie llonse over ret\nnin;j oilicers for improper conduct, (nil. Hans. (187.")) 807-808. ■■ See Ilev. Stat, of Nova Scotia, 6tli series, c. 15, s. iG ; Cons. Stat, of New Brunswick, c. 4, s. 2(). hiiiii '■'II -(,•■ ri :44ii Mr*i IMAGE EVALUATION TEST TARGET (MT-S) ■^ f/i II 1.0 l|i I.I 1.25 ■ 50 '•^~ ^1^ 1^ 12.2 S: lis IIIIIM 1.8 1.4 1.6 6" ^ HiotDgraphic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 m ^ \ iV N> [\ I ,^r £(? # W^\ m 166 TJIE SESATE ASD HOUSE OF COM MOSS. I I several ads were passed to prevent dual represoutatioii. The dominion law, as it now stands, renders members of the legislative councils and legislative assemblies of the provinces, now included, or which may hereafter be in- cluded, within the dominion, ineligible for sitting or vot- ing in the House of Commons. A member of the House of Commons who accepts a seat in a provincial legislature must vacate his seat in the former body, and any person who violates the act is liable to a penalty of |i2,000 tor every day he sits and votes illegally.' By reference to notes below ' it will be seen that statutes of the several provincial L-gislatures now provide that no senator or member of the House of Commons shall sit in the legis- lative t'ouncils or assemblies of th(^ provinces. A senator may, how^ever, sit in the legislative council of Quebec' and could do so in the Manitoba assembly, until the law w^as changed in that province before the elections of 1883.' In the session of 1874 a question arose as to the eligi- bility of Mr. Perry, one of the members for Prince Edw^ard ' :?5 Vict. ('. lo; o6 Vict. c. 2 ; Rev. Stat, of Can., c l", ss. 1-4. See case of Mr. Methot, infrd. '-' Rev. Stat- of Ontario, 1887, c. 11, ss. <» and 7, provides that no privy councillor or senator of the doniinion or member of the House of C'uui- incns shall be eli,i:ril)le as a member of the le.u'islative assembly of Ontario. An act of P- E. Island (30 Vict., c. :'.) renders members of the Senate and House of Commons inelittible as members of the legislative council or bouse of assembly of the province. No member of the House of Commons can sit in British Columbia assembly (B. C. Cons. Stat., 1S77, c. 42, ss. L"), 25). No membe' of tlie lejiislature of any province, nor of the House of Commons, can sit in the Manitoba assembly (!>[au. Cons. Stat., c. 5, s. 30. See note 4 liclow). '■• Senator Ferrier represented Vi(;toria division in the turn book)- for the electoral district of Kings, Prince Edward Island. Accordingly both members were duly sworn by the clerk, though neither, of course, took his seat or attempted to vote. From the return of the returning officer, it appears that the county of Kings is entitled to send two members to the House of Commons; that Mr. Mclntyre received "a legal majority of votes," and of his due election there was no question ; that Mr. James Edwin Robertson received the • Can. Com. T. (1874), 50, 51, 55 ; a? Vict., c 11 ; Pari. Deb., Hi. i\Ir. Perry did not take his seat until the question was Bellied by ihe House as above. ■ Can. Com. J. (1SS3), xix. The question was raised in debate whether the return made in this case was not rather in the nature of a special re- turn, and whetlier a double return can now be made if the provisions of the Elections Act of 1874 are properly carried out. " 1 M 'i'. ' ^h t > I 1 ' J ''F 1 I l'if?f';f' :i .-i: 1 168 THE SENATE AND HOUSE OF COMMONS. II I If ' (j i * (u i next highest number of votes ; but it having been repre- sented to the returning officer at the summing up of the votes by certain electors that Mr. Robertson at the time of his nomination as a candidate, and at the time of the holding of the election was a member of the house of assembly of the Island, he was, consequently, in the opinion of the returning oflicer, "disqualified to be elect- ed as a member of the House of Commons." Accordingly he certified that " Mr. Augustine Colin MacDonald, a candidate at such election duly qualified, had the next highest number of votes lawfully given at such election," and he " made this return respecting the said J. E. Rob- ertson and A. C MacDonald for the information of all whom it may concern." When this extraordinary case came before the House in due form, it gave rise to a very earnest debate, in which very contradictory opinions were expressed as to the conduct of the returning officer. The whole matter was finally referred to the committee on privileges and elections, though not until an amendment had been moved by Mr. Robertson's friends to the efl^ect that inasmuch as he had the second highest number of votes at the election he ought to have been returned as one of the members, and that he had a right to take his seat, " saving, however, to all candidates and others their rights of contesting the election in accordance with law and justice." Both in the House and before the commit- tee it was contended that, by the Dominion Elections Act of 1874, "after a candidate has been accepted as duly nominated by the returning officer and declared by him to the electors as such candidate, the returning officer has no power or right to reject such candidate, or if he has a majority of votes upon their summing up to refuse to return him as elected." A majority of the committee, how- ever came to the conclusion after the hearing of evidence and elaborate arguments on the various points at issue, that Mr. Robertson had never legally resigned his seat. and t the h( act of niomb vote ] expres of 187: Mr. Re of the caudidi next hi, of elect: report c ilictiuir Amend: the dut; Koberts( refer tht 3rd, Then Roberts{ have bi^c concurre the retui having ; given at MacDout of the ses ' 'i'liis sec notnitlistan tii'iieJ, rere: votes shall officer to re ri'ovided he - Can. Con 'U'ril. Jour tlio most ma acter. Thist returning ofli ^Uk DUA L RKVRESKXTA TION. 169 aucl that he wis at the tirne of his election a member of the house of assembly at Prince Edward Island; that an act of that province (39 Yict. c. 3), made it illeg'al for a member of the House of Commons to be elected to sit or vote in the house of assembly ; that according- to the express terms of the second sectioi. ' of the dominion act of 1872 (35 Vict. c. 15), the majority of votes given for Mr. Robertson were thrown away ; that it was the duty of the returning officer to return Mr. MacDouald as the candidate, he being otherwise eligible and having the ne.^t highest number of votes ; that the return to the writ of election should be amended accordingly. "When the report (^ame before the House for final adoption, very con- Ilictiug opinions were again given on the points at issue. Amendments were moved to the effect, — 1st, That it was the duty of the returning ollicer to have returned Mr. Robertson as elected ; 2nd, That steps should be taken to refer the points in doubt to the supreme court of Canada; 3rd, That the House having declined to decide that Mr. Robertson should have been returned, the election should have been declared null and void. The repct was finally concurred in, and the clerk of the Crown ordered to amend the return so as to declare Mr. MacDonald elected, " as having had the next highest number of votes lawfully given at such election " ; and this having been done, Mr. MacDonald took his seat and voted during the remainder of the session.- ' Tliis section reads: " If any member of a provincial ledslature shall, notwithstanding his disqualification as in the preceding section men- tinned, receive a a^ajority of votes at any such election, such majority of votes shall be thrown away, and it shall be the duty of the returning otlii'or to return the person having the next greatest number cf votes, provided he be otherwise eligible." See Rev. Stat, of Can., c. 13, s. 2. - f'an. Com. J. and Hans., 1883, Feb. 19th, March 1st and 9th, and 25tli Ajiril. Jour. App. No. 2. The writer has confined himself to a review of th(< most material points raised on a question of a very perplexing 'jhar- acter. This decision of the liouse, it is evident, gives very large powers to returning ofhcers. 1 *;i' iiiwmi !'t': m (mm \ym : HiU 5i 1 immm i'^:lHJ ;: » L; ,i|..;r.ii::;:|i|'«i II < '^ :l ^ii!|.i' 170 Tin: SENATE AS 1) IfOI'sE OF ( OMMONS. In 1888 a caso came before the supreme court of Can- ada, aj^aiu affecting" the seat of Mr. Perry, whose election had also been objected to in the House of Commons in 1874.' His return as member eleet for the electoral dis- trict of Prince county, P.E.I., wns contested on the g-round that he, being a membin* of the provincial hous'» of assembly, was not elio-ible to be a candidate for the House of Commons. At the trial it was admitted chat he had been elected to the provincial assembly in June, IS-^tJ. and that there had been no meeting of that body at the date of the election for the Commons. Prior to his nomi- nation he gave to two members of the assembly a writ- ten resignation of his seat, and at the time of the election for the Commons, he had acquired for value and was hold- ing a share in a ferry (Contract with the local government to the value of $90 a year. The supreme court held, affirm- ing the judgment of the court below, that by the agre.'- meut with the individual who had assigned to him a share in the ferry contract, Mr. Perr^ became a per.son holding and enjoying within the meaning of section -I of 39 Vict. c. 3, of the statutes of P.E.L. a contract or agree- ment with her Majesty, which disqualilied him and ren- dered him ineligible for c^ecticn to the assembly of the province, or to sit or vote in the same, and by section 8 of the same act, — to be read with section 4, — his seat in the assembly became vacated ; and he was therefore eligible for election as a member of the House of Commons.' VIII. The Lidependence of Parliament.— In the old legisla- tures of Canada, judges and other public officers were allowed to sit for many years in both houses, until at last the imperial government yielded to the strong remons- tran(^es of the great majority of the representatives in the assemblies, and expressed their readiness to assent to su< h ' See svpni, 160, 107. - Can. Sup. Court R., vol. xiv. i'G5-287 ; L. N., vol. xi. IIS ; Tascheiean, J., dissentiiiir. THE IXnEPENDENCE OF PARIJAMENT. 171 legislation as might be necessary to render the legisla- tures independent of official iri'uence.' Several statutes were passed in the course of time by the legislatures of Upper and Lower Canada, prohibiting judges from sitting in the legislative assemblies ; ■ but all attempts to prevent them from sitting in the legislative council were rendered nugatory by the opposition given in that house to all measures in that direction.' Legislation in the two pro- vinces also provided for a member vacating his scat, in case of his acceptance of certain offices, but such appoint- ment was not to bar his re-election to the house. Here we see the first step taken to require members of the executive council to vacate their s(^ats, and sei'k re-election at the hands of the people.' After the union between Upper and Lower Canada, the legislature of the united provinces took up the question of the independence of parliament, and endeavoured, as far as possible, to follow the example which had long before been given it by the parent state in this matter. In 1843, Attorney -General Lafontaine presented a bill entitled " an act for better securing the independence of the legislative assembly of this province." This bill be- ' Garnetui, vol. ii. 2'M\, refers to tlie lar^e number of placemen in the old Lower Canada assembly : "The elections of ISOO returned as members of the assembly ten jiovernment placemen (,or one-fifth of the entire num- lier), namely, four executive councillors, three judjxos, and three other state ollicials." -■ 7 Will. IV., c. 114, Upp. Can. 8tat. See 51 Geo. III., c. 4, Lower Can- IStat. ■' The stroni^ opinions of the imperial authorities as to the indept^ndenco of the bench and the legislature may he understood by reference to a despatch of Viscount Goderich, 8th Feb., hSol, in which he recommends the api)lication of the English system under which judges are independ- ent of the Crown. He thought, however, the chief justice might well re- main a member of the legislative council, in order that they might have the benefit of his legal knowledge, but " his Majesty recommends even to that high officer a careful abstinence from all proceedings by which he might be involved in any contention of a party nature." Lower C. J. (1831), 5:5. ' 7 Will. IV., c. 114, Upp. Can. Stat. ; 4 Will. IV., c. [V2, Lower Can. Stat. ill \ i I : t ll ^' ITi ■'A t i I 'i *• I r ^''.4 lilt 112 Tin: SENATE AND HOUSE OF COMMONS. imm- ! I came law ' in 1844, and has formed the basis of all subse- quent legislation in thi.s country. Judges and other pub- lic officers, as well as contractors with the government, were specifically disqualified from sitting and voting in the assembly, and were liable to a heavy penalty should they violate the law. Seats of members accepting offices of profit from the Crown had to be vacated, and writs for new elections issued forthwith ; but all persons, not dis- qualifi(>d under the act, could be again returned to the assembly — a provision intended to apply to members of the executive council. In IS')*!, Solicitor-General Smith introduced an act amending the foregoing statute in S(>v- eral important particulars, with a view of giving the principle embodied in the law more extensive application. Under the act,- no person, accepting or holding any office, commission or employment, permanent or temporary, at the nomination of the Crown in the province, to which an annual salary, or any fee, allowance, or emolument or profit of any kind or amount whatever from the Crown, is attached, shall be eligible as a member of the legislative council, or of the legislative assembly.' During the first session of the first parliament of the dominion, the act of 1857 was re-ena(^ted,' with several amendments that were necessary under the new state of things, but the great principle involved in such legislation — of preserving the independence of parliament — was steadily kept in view. It was provided, however, that one of the com- missioners of the intercolonial railway, or any officer of her Majesty's army or navy, or any officer in the militia, ' 7 Vict., c. 05. Assented to by her Majesty in council, ITtii April, 1844. Amended by 10 Vict., c. 154, and 18 Vict., c. 80, certain doubts haviny; arisen as to sections of tiie act of 1843. - 20 Vict, c. 22, Can. Stat. •'* See Consol. Stat, of Canada, chap. iii. Amended in respect to recov- ery of penalties by 29 Vict., c. 1- * 31 Vict., c. 25, am. in 1871 by 34 Vict., c. 19. THE lyDKl'ENDEN'JE OF I'MtUAMEST. 173 ; 1 :■* : i 1 T t 1 .' MS or militiamau, (except officers ou the staff of the militia recoiviug permanent salaries) might sit in the house.' In the session of 1877, attention was called in the House of Com I lions to the fact that a number of members ap- peared to have inadvertently infringed the third section of the act, which is as follows : "No person whosoever holdin^^* m- (.'iijoyiii^, uiideilaking oi- executiiii;^, dirccily or indirectly, alone or with any other, by himself oi' by the interposition of any trustee or third party, any contract or agreoinont with her Majesty, or with any public otficor or department, with respect to the public service ofCanada, or under which any i)ublic money ofCanada is to bo paid for any service or work, shall be eli^'ible as a member of the H lb. 313. ' Jb. 264. « lb. 315. I'll i !■; fr 'Mi'' i ' '! ! I I A\ I I I • (ilf ,i , % 174 riii: sKXATi: and irof.sK or atMmfXs. I' '. i ! . '! 'i' :i the supply ol' hardware to the departiucnt of piihlii work.s.' That Mr. A. Dosjardiiis was editor and publisher of the " Nonvetiu Blonde,'" which had received public money ibr government advertisements and printing'. Both Mr. Currier and Mr. Norris, belieA'ini*- that they had unwittingly infringed the law, resigned their seats during the session.' In only one case, that of Mr. Anglin, were the committee able to report, owing to the lateness of the session. In this case, which caused much discussion, the committee came to the conclusion that the election was void, inasmuch as Mr. Aiiglin became a party to a contract with the ])ostmaster-general, but that " it appeared, from Mr. Anglin's evidtuice, that his action was taken under the bona fide belief, founded on the precedent and practice hereinafter stated, that he was not thereby holding, «'njoyi?ig, or undertaking any con- tract or agreement within the section."^ In the Russell case ol 18G4, the precedent referred to in the report, an election committee of the legislative assembly of Canada Ibund that the publication, by the member for Russell, of advertisements for the public service, paid for with the public moneys, did not create a contract within the meaning of the act. On the other hand, the committee of 1877 came to the conclusion that the decision of 1864 was erroneous. It appeared from the evidence taken by that committee, and from the public accounts of the dominion, that " between 1867 and 1873, numerous orders, given by x^ublic ofiicers, for the insertion of adver- tisements connected with the public service were ful- filled, and various sums of iiublic money w^ere paid therefor to members of parliament.' It was never alleged at the time that these members were disqualified, but the committee were of opinion, nevertheless, that " according ' Can. Com. J. (1877), V>2T). ■' lb. 32G. ■'■ Mr. Currier, lb. 270 ; Hans. 1513 ; Mr. Norris, Jour. 282 ; Hans., 150S. ' Can. Com. J. (1877), 357, app. No. 8. Hans., 1267, 1303. ml ■ll rilK INI>KI'EM)RS(i: or I'MILIAMHST. «o to the true construction ol" the jict tor stH'urin<^ the iude- IHMult'iu-e ol parliann'Mt, tlio Iransactions in question did iOiistitutc disqualilyini^- contracts." The result of this re- port \vas tht' resignation, during the r«H'.oss, otMr. Angliu, Mr. Moll'att, and some other inenihers who had entered inro '• disqualifying contracts," according to the strict in- terpretation of the law given by the committee.' In con- cluding their report the committee of 18*17 stated their opinion that the act required careful revision and amend- ment. Durina- the debate on the act there was a general expression of opinion that the penally (ii^2,000 a day) was exorbitant. fSome actions for the recovery of the penalty havinu' been entercnl against several members lor alh^g-ed violations of the act, the government introduced a bill for the i)urpose, as set forth in the preamble, of relieving from the pecuniary penalty under the statute, such per- sons as may have unwittinuly rendered themselves liable to the same. The act applied, however, only to those persons who may have sat or votinl at any time up to the end of that session of parliament.- In the session of 1878, the mini.ster of justice, Mr- l.ailamme, introduced a bill "'to further secure the inde- jiendence of parliament." " As the law now stands " no '' Me>sis. .Iom\s iiiid Vuil al-so resi^'iied tlieir seats, beiiijr Htookholdors ill IV t'diupany which liad perfbrined printing: and advertising for tlie gov- fnunent. Hans. (1878, iL'd. IMr. Mitchell also resijrned, j). II). jVIessrs. BnrpiH'., Workman and JJosjardins did not ro.si^rn, as they had not vio- iatM,! the provisions of the act. See Hans. ilS77), 17(!V», ]S0!», 1810. • 40 Vict., c. :.', Can. Hans. (.1877), I8ril-(i7. Mr. Justice Stephen in Brad- iar.u'h '•. (iosset, - 15. D., Feb. !>, 1884, laid it down that " for the purpose nt■' : ■ ; 11 1 1 > ; 1 dm ■ 'Pi 1 \ , 1 ( til ! ' ; ' .iii .^i' • 1 f f I . 1* I r\ i ll ; 1 ^ 1 111 '.■'/nl ' :' ■ ll 'I I u b ', ■ ' t L & fl in It H ■ 1 ' 1 il n ^ '' < tttJiiliByB lU 1 i i:.n, >H 17G 77//-; SKXATI: AND HOUSE OF COMMONS. person U(C»'ptini»- or holdini:,' any olUco, commission or omj)loymt'nt, pormanonl or temporary, in the service ol" the government oi' Canada, at the nomination ol' the Crown, or at the nomination ol" any ol' the olU(;er8 of the govern- ment ol' Canada, to which any salary, Tee, wages, allow- ances or emolument, or prolit of any kind is attached " is eligible as a member of the House of Commons. Dut nothing in the section just quoted '"shall render iueliui})le any person holding any ollice. loy- ment, without any salary, fees, wages, allowances, emolu- ment or other profit of any kind a *^ached thereto." ' The ollices of sherilf, registrar of deeds, clerk of the peace, or county crown attorney in any of the provinces of Canada are expressly disqualiiied. The provisions with respect to contracts are quite stringent. Among other thiijo-^ it is provided that " in every contract, agreement, or commission to be made, entered into or accepted by any person with th(! government of Canada, or any of the departments or olHcers ol" the government of Canada, there shall be inserted an express condition that no meui- " entitled to any .superannuation or retirint^ allowance from tlio j^'ovoru- nient of Canada " ; but this provision, wliich evoked much opposition, was rejected by the Senate. Can. Hans. [1S7SJ, 12l'!», Mr. Ma.ssou; IS,]'), -JUm, L'038 (Sir.lolm MacdonaM). ' Tills sub-;soctioa was added in 1884 (47 Vict. c. 14) in counection with the case of Sir Charle.s Tujijuu', who, while a member of the house of coin- mons and minister of railways, accei)ted the position of Iligli ('oinmis- sioner of Canada, resident in London, but received no salary under his commission for that othce. The committee on privileges were of opinion that the seat was not vacated, but to quiet doubts raised in and out of the House on the point, the foregoing act was passed indemnifying Sir Charles Tupper from all liability to any penalty or responsibility, and adding the qualifying provisions cited above to the law. See Can. Com. J. (1884) 325; Hans. Gl.'4, 844, 861-78 ; 1446-1499. THE lXDKl'KSI)i:SCE OF I'Alll.lAMEST. 177 hor of the Hous*^ of Commons shall be admitted to any share or part ol'such contract, ai^reenimt or commisf^ioii, or to any beiu'lit to arise therefrom. " Any person dis- ci ualiiied as a t'ontractor or otherwise under the act shall forfeit the sum of two hundred doHars for every day on whieh he sits and votes. Any person admittinj^ a member to a share in a (;ontrai;t shall forfeit and pay the sum of two thousand dollars for every such olfeuce. Provision is also made that no senator can becomi^ a jj^overnment eon- traetor, or be indirectly concerned in a contract, and in case of a contravention of the statute he shall forfeit two hundred dollars for evmy day during- which he continues a party to such contract. Proi-eedings for the ret'overy of a penalty must be taken within twelve months after it has been incurred. In addition to the clause providing* for tht! re-election of members accepting olhce in the privy council, it is provided, as in the act of 18(37, that a mini!" ter need not vacate his seat if he resigns his oilice and accei^ts another in the same ministry within one month after his resignation " unless " — and this was added in 18T8 — " the administration of which he was a member has resigned and a new administration has b(>en formed, and has occupied the said oihces." ' ' This provision is intoiule k !■■!: ■ !'■;■■ ;fi f '1 ^ '^y (1 m mmn 1 Mill ;,il' "'1':;, •:'. 'fin .>;! I M- {\\ ^,, ri 1 1 ..1. i -'■ i il ! . 4*^ t ; ■ ii>.. !i:ft: vi i . \i I , 178 THE SEN An: AND HOUSE OF COMMOXS. Tho law also provifl-^s that nothing iu the statute shall render ineligible persons holding the several cabinet othces, " or any oflice which may be hereafter created, to be held by a member of the queen's privy council for Canada, and entitling him to be a minister of the Crown, or shall disqualify him to sit and vote in the House of Commons, provided he is elected while holding such office and is not otherwise disqualilied." ' The statute does not apply to a member of either house who is a shareholder in any incorporated company, having' a contract or agreement with the dominion government, unless it be a company which undertakes a contract for the construction of any public work. Nor does it dis- qualify any contractor for the loan of rnoiun' or of securi- ties for the payment of money to the dominion govern- ment under the authority of parliament, after public competition, or respecting the purchase or payment of the public stock or debentures of Canada, on terms com- mon to all persons. The provision in the act of 18G7-S respecting the militia is continued. In the first session of the parliament of the dominion, Mr. Holton and Mr. Blake called the attention of the House to some important questions affecting the right of a num- ber of members to hold their seats in the Commons ; and though the matter is now one of those dead issues not likely to occur again, it will not be without interest to explain its origin and ultimate determination. The first the members of the old cabinet provoked much discussion in and out of parUament • but it was sustained by a majurity of the legislative assem- bly and subseciuently by decisions of the courts. Todd's Pari. Gov. in the Colonies, o28-5o7. Dent's Canada since the union, vol. ii. 8G9,(Y ,«t'7. Leg. Ass. J. [1858], 973-970, 1001. 17 U. C Q. B., :;10; 8 U. C. C. P., 479. ' In explaining this amendment to the law, when the bill was before parliaiuent, the mini.ster of justice .stated that it was made with the object " of avoiding the re-enactment of the Independence of Parliament Act to applj to new ministeriid ofiices which should be created." Hans. [1878], 1227 THE ISDEPEyDESCE OF PARLIAMENT. 170 question raised was this — "Whether those gentlemou who wtM'e ministers of the Crown in the provinces of Ontario and QuoIk^o wore, or were not. precluded from sitting' and votiugin the House of Commons under the Independence of Parliament Act ? The second question was — "Whether the members of the privy council of Canada did not hold ollict's of prolit and emolument which brought thiun under the operation of the said act, and consequently disquali- fied them from sitting and voting in th(^ House ? ' By the 41st section of the British North America Act, 18(37, the Independence of Parliament Act of old Canada was con- tinued in force until changed l>y the dominion parliament. Const>quently it was urged that those members who were memljers of the privy council of Canada, and of the exe- cutive councils of Ontario and Quebec, held ollices, at the time of their election, which " by reason of the expecta- tion that salaries or emoluments would be attached to them," might be considered as ollices of profit under the Crown. Much dillerence of opinion was expressed in the House on the subject, and the first point, as to the eligi- bility of members of the provincial executive couninls, was rel'erred to the committee on privileges and elections who decided, after due consideration, that those gentle- men "have a legal right to sit and vote in the House of Commons, and are not disqualified from so doing by holding the offices above mentioned." - The other point as to the eligibility of the members of the privy council was not referred to the committee — a motion to that elfect having, after debate thereon, bien withdrawn.' The issue ' Piirl. Deb. (ISfiT-S), :i7-38, 46-4S. - Ciin. Com. .T. (ISir-S), 4.!». In this connection see report of select com- mittee of Imi^rial House of Commons ii; 1S78-!) on Sir B. O'Loghlen's election for the county of Clare. His seat was dechirod vacant because he had accepted oUice " under the Crown" in the colony of Victoria, Aus- tralia. 24.") E. Hans. (3), 258, 437, 51(), 1104, 1185. He accepted the ollice of attorney-general. No. 130, Pari. P., 1878-9, vol. viii. •'Can. Com. J., 38, 40. ii ^'k a ' fi4 1 i \vi 180 THE SENATE AND HOUSE OF CO}[.MOyS. n m I W I' L_, f Kf I of the coutroversy was the introduction and passage of an act to remove all doubts as to the matters in ques- tion.' IX. Issue of Writs. — In the session of 1877, a question arose as to the power of the House to order the issue of writs when seats are vacated by the decision of a court . It w^as doubted whether such an order was necessary under the Canadian Elections Act. Subsequently, Mr. Speaker Anglin took occasion to inform the House that on looking- into the question he had found that the English Controverted Elections Act - left the pow^er in the House to order the immediate issue of a writ on being informed of a vacancy through the decision of an election court. The Canadian statute,' on the other hand, made it the express duty of the speaker to order the issue of the wait. It is now the practice for the speaker to inform the House immediately when he has given his orders for the issue of a writ for anew election.' In all cases, however, not specified by statute, the House retains its control over the issue of writs, and may order the speaker to issue his warrant. ' In England, the usual motion for a new writ ' 31 Vict., c. 20. Tliis act also declared tlie tjueen's printer of Nova Scotia capable of sitting and voting in tlie house, Mr. Macdonald, of Lunenburg, N.S., holding that ollico at the time. Tlie preamble of the act sets forth verj' fully the reasons for the legislation, and any one de- sirous of more information will obtain it by reference to the act and tlie reports of debates. - ol and :!2 Vict., c. 125. s. 13, Imp. Stat. ■ 37 Vict., c. 10, s. 30. See Kev. Stat, of Can., c. 9, s. 40. ^ Can. Hans., March 1st and oth, 1S77 ; Jour. (1S7~), 85, 8G; lb, (1SS7) 90; Jl>. (1890), 281. ' Cases of Louis Kiel, expelled, infra 196 ; of O'Donovan Kossa, i7}fra 194 See Can. Hans. (1875), 'o20, for opinions of Sir .J. Macdonald and ^Ir. Fournier. The Controverted Elections Act and Independence of Parlia- uien; Act give authority to speaker; 39 Viet,, c. 10, s. 2, provides for cases where no new writ for a new election shall issue, save by order of the House. See Kev. Stat, of Can., c. 9, s. 48, and supra 100, 101, for a report of a committee on this section. RESIGNATIOX OF MEMBERS;. 181 is made in all oasos by a momber when the House is in session.' Although the law provides for the immediate issue of warrants by the speaker of the House for writs of election, it is defective inasmuch as great delay may occur in the absence of any provision requiring the writ to issue at a definite date. As it is now, the writ cannot issue until a returning officer has been duly appointed by the gov- ernment. The question has been discussed more than one*' in parliament, and in 1888 an amendment was pro- posed to the election act in the direction of ensuring as much expedition as possible in the issue of writs of elec- tiou.- X. Resignation of Members— Vacancies by Death, etc.— Ample provision is made in the law for the resignation of members during a session or a prorogation of parlia- ment. ' A member may resign his seat by giving notice i'ormally in his place in the house of his intention to do so — which notice must be entered by the clerk on the journals ' — or by addressing and delivi'ring to the speaker a declara- tion of his intention, made under his hand and seal before two witnesses, either during the session or in the interval between two sessions, which declaration must also be duly entered on the journals.' AVhen these preliminaries have b<-t'u complied with the speaker shall forthwith issue his '■ 131 ¥.. Com. J., 50, 55 ; 140 Tb. 214, etc. - Tan. Com. J. (1888), 2(W'i, 267; Can. Hans., ^'ay 2n(l. where sjjoakers !_'ii\o. sonio data on the subject, to sliow the netv^s^ity of a change in the law. ■ 41 Vict., c. 5 Dom. Stat., ss. 12-15 inchisive. Kev. Stat, of Can., c. 13, SS. ")-«>. ' Mr. Metl lot, March 2Gth, 1884, on acceptance of a seat in the Quebec leL'islative council ; jNIr. Rykert, May 2nd, 1890. •Can. Com. J. (1877), 209-70 (Mr. Currier); 282 (.Mr. Norris). In the former of these cases, which occurred during tlie session, both an oral statement was made and a written declaration delivered. For cases dur- ing recess, see Jour. (1875), 39; lb. (1880), 7; lb. (1882), 4. , i!l>;-l|l 1 i :4i ,1 jj 182 THE SKSATK AM) IKH'SE OF COMMONS. I 4 \ I '.I l4 * '! rjsi warrant for the issue of a writ for a u«^w election.' But no member can so resign his seat while his election is lawfully contested ; nor until after the expiration of the time during which it may be contested on other grounds than corruption and bribery. If a member wishes to resign his scat during the prorogation of parliament, and there is no speaker, or the member himself is the speaker. he may address a declaration of his intention to two members who shall thereupon order the issue of a writ for a new election.' In case of a A'acancy by death ' or acceptance of oflice, ' two members may inform the speaker of the fact by notice in writing — or a member may • , o in his place ; and the speaker shall there- upon address his warrant to the clerk of the crown in chancery for a writ of election. If, when such vacancy occurs there be no speaker, or he be absent from Canada, or if the member whose seat is vacated be himself the speaker ; then, any two members may address their war- rant to the clerk of the crown in chancery for a writ of election.' Provision is also made for the issue of a new writ for the election of a member to fill up any vacancy arising subsequently to a general election and before the first meeting of the new parliament, by reason of the death or acceptance of office of any member — which writ y\ ' Can. Com. J. (1S77), 275, 284. -Can. Com. J. (1878^ 2-8. Mr. Speaker An<;;lin had resigned liis seat soon after tlio prorojijation in May, 1877. •' Can. Com. ,]. (1877), 5. It was not an nniisnal practice in tlie Com- mons on the decease of a member to move tliat j\Ir. Speaker do issue iiis warrant, &c. Jour. (1880), lO:]; lb. (1880-1), 247. But the express lan,i:iui<,'e of the statute does not require such a motion, and tl?e speaker issues liis warrant on receivinji notification from two members (Carleton. N. B., 1880-81 ; S. Grenville, 1885 ; Ottawa city, 1890) or on simply boinji informed by a member in his place of the decease of a member (Caribou, B. C, 1880-81, and Kent, N. B., 1890). ^76.(1877), 5. '■'lb, (1878), 2. Mr. Laurier accepted ollice after resignation of ^Ir. Speaker Anglin. : t-: niiSIGNATIOX OF MEMllEUS. may issue at auy time after such vacancy occurs.' No provision exists in the statute for a member resigning his seat after a general election and before the meeting of parliament ; his seat becomes vacant, however, by his ac- ceptance of an office of emolument under the Crown, as was done in two cases during 1878 — Messrs. Ilorton and Macdougall temporarily accepting such offices in order to provide seats for Messrs. Cartwright and Langevin.- In case a member is returned for two (M)nstituencies he must make his election for which of the places he will serve by formally resigning his seat when the House is in session. Under the old Controverted Elections Act, he would have to wait until the expiration of the fourteen days required by law for the presentation of a petition in the House against his return.' The English House of Commons has a sessional order requiring that " all mem- bers returned for two or more places do make thi'ir election within one week after it shall appear th:;t there is no question upon the return for that place." ' If there is a petition against the return of a member, he cannot elect ' la September, 1S7S, tlie jienenil election resulted in the defeat of the Mackenzie administration. Mr. Mackenzie sot»n afterwards resigned, and Sir .lohn Macdonald took his place. Consetpiently the new ministers liad to be re-elected. See Journals (lS7i)), xxv.-ix. Sir .]. Macdonald had been defeated in Kin<;ston, but returned by acclamation for Marquette, in Manitoba, where the elections were held at that time later than in Ontario. On acceptinjj; ollice in October, his seat became vacated, and he decidf 1 to sit for the distrid of Victoria, British Columbia, where the election was held on the 21at October. See Annual Kej^ister (1878), 211. Mr. (aley, of Beauharnois, also dieil before the meeting of the new par- liament, xxix. - Com. J. (1879) XXV. xxix. Annual Kegister (187S), 210, 212, In the debate on the amendments to the Independence of Parliament Act dur- ing 1878, several members referred to the advisability of amending the act to meet such cases, but no amendments were made in this respect ; Hans. l:{58-l>. ■ Mr. Blake returned for West Duriiam and South Bruce ; he elected to serve for S. Bruce ; Jour. (187.">), •!'•• * May, 71G. This order is renewed every session. 'i3 UffWI 184 Tin: SKSATK AM> HOUSE OF COM.VOXS. to serve I'or eitlior until the matter is finally decided in the courts.' In 1882, Sir John Macdonald was returned for the electoral distri(^ts of Carleton and Lennox, and a petition having" been rej^ularly entered in the courts against his return for Lennox, he was unabh^ to make his election for I'ither during the session of 1883 in accordance with the rule governing such cases. For a member " can- not abandon the seat petitioned against, which may be proved to belong of right to another, and thus render void an ('lection which may turn out to have been good in favour of some other candidate ; neither can he abandon the other seat, because if it should be proved that he is only entitled to sit for one, he has no election to make." - As it has been stated elsewhere, the Canadian law pro- vides that no member can resign his seat while his elec- tion is or may be contested.' But a member may accept an oliice of emolument under the Crown, and consequently vacate his seat under the law providing for the independ- ence of parliament, all rights of any persons to contest being saved.' In case of a " double return " each of the members elect is entitled to be sworn ; but neither should "^it or vote ' :May, 7] 7. 3Jr. Gathorne Hardy, L'lst Feb., ISOfi. - :\Iay, 71V. See case of :\[r O'Conuell in J841, 90 E. Com. .T., 5()4 ; 59 E. Ilan.s. (;;), 503. In 1842, the election committee havinj: reported, he made his election; 97 E. Com. J., 302. •' Supra 182. In 1887, both Sir .f. Macdonald and Mr. Blako were re- turned for two constitnencies, but tliey did not elect for Avhich seat they would sit until after the session of that year as their seats were contested in the courts. Can. Com. J., (18S8) 38, 39. ' See Rev. Stat, of Can., c. 13, s. 8. In 1S83 Mr, de Boaujeu waH elected for Soulanges, on the decease of Mr. I.aiitier, and his seat being con- tested, the superior court of Quebec declared the election null and void. He appealed to the supreme court of Canada. But before it was there decided he accepted an oflice, which he immediately resigned, and then contested his county airain, but lie was defeated by his former opponent. Tlio judgment of the supreme court, coniirming the judgment of the Que- bec superior court was not given until several weeks after the second election. Can. Com. J., (1883) 13 ; lb. (18S4) 12, 210. BKSIONATION OF MIlMIiEliS. 185 until the matter has beou iinally dt'tormiued.' The rule ol" the House requires that " all members returned upon double returns] are to withdraw until their returns ..le determined." - The Dominion Ejections Act (Rev. Stat,, c. 8, s. 61) endeavours, as far as possible, to prevent a double return, since the returning' ollicer, in case of an equality of votes, almll give a casting vote — the English law in a similar contiugen-'y being only permissive.' In the absence of statutory enactments the common political law governs in England and her dependencies. For in- stance, insane persons are incapable of exercising the trust of members ; but the English Commons have always in- quired into the nature of the aiHiction, and granted or re- fused a new writ, according as the incapacity has been shown to be temporary or permanent.' ' See case of ^rarcjnette, 1872. r.oth members were sworn and took their .seiits, and then witi drew, whilst tlie case was before the committee ot privi- leu'es and elections. For Enxv. in tho usual way by llu' tlcvU in tho journals.' But in tho .session of 187;'), tin» i)ivnii('r callotl atlcntion to tho i'act that Mr, Orton, momhor lor the ;'leotoral district of Cvnitrc "Wellinn'ton, had sat and votod in tho House during* the sos.sion without havinix taken and subscribed Iho oath preseril)ed by law." The matter was rei'errod to tin* coni- mittee of privil''u-es, which subsequently rt'ported : "That the 1!. N. A. Act of 1807 provides no direct for- leituro or penalty in case of a member omitting- to taki' 11 ul subscribe the oath provided by the 128th section ; ■' That the Act for the independence of members of parliament (31 Yict., c. 25) makes no provision for sucli a case ; '• That consequently the seat was not allected by his having- sat and voted before he took the oath ; " That the votes of the member, before he took the pre- scriboil oath, should be struck out of the division list and journals, as he had no right to sit and vott' until he had taken that oath."' ' The diihculty in Mr. Orton's case showed very clearly the necessity that existed ibr adhering strictly to the old usage of parliament. On the first day of the session of 1870 the speaker expressed his opiiiiou to the House that " it would be better to revert to the old practice and have everybody introduced ; " ' and the House tacitly cousenteil to the suggestion, and the practice was carried out uni- formly duriug 1870 and 1877.' But in the commence- ment of the session of 1878 a number of members elected duriug the recess" took their seats as soon as the House ' Can. Com. J. (1S75), 52, 54, bS, G'2, 05, t<:('. -' Can. Hans. (1S75), 2(i0, ;522, ;^24. •■' Can. Com. J. (l«7o), 120, 170. But a member elect, not sworn, may be appointed to committees, or as a manaj.;er of a conference- 2 Hatsell, 88, n. 113 E. Com. J., 182 (Baron Rothsciiild). ! Can. Hans. (1870), 1. ' Can. Hans. (1870), 1, 3 ; Ih. (1877), 2,24, e<:c. '' Tliey had resigneJ on account of a violation of the Independence of Parliament Act. See .wpm, 174. lyrnoprcrroy or mumukhs. 180 ' M met, tho spoakor hiiving' n'fsiguod in t he iiilcival. Some ol" those members hud sat in the ITous(^ daviiiu," Ihe pre- vious session ; otliers were (docted for the lirst time. All the eireumstances connerted with the opening" of tliis session were novel. Amonjj^ ihe members who liid vacated their seats and botMi re-eleeted was Mr. Spoaki^r Anglin ; and it became consequently necessary to elect a new speaker. The quivstion then arose as to the i>roper course to pursue with respect to the members elect, as there was no speaker to lay bel'ore tho House thi' certi- iicates ol' their election and return. The clerk, however, on the return of tho Commons from the senate chamber, and previous to the election of speaker, stood up and annount;ed the fact that vacancies had occurred during the recess in the representation, and laid before tho House the usual certificates of the election of th«^ members in question. Objection was taken to this procedurt* at tho time.' The House being in possession of these evidences of the return of m., 1878, p, 139), to have discussed the (luestion informally on the invitation of the leader of tho House, and tohavo ;j;iven some instruction to the clerk, vho luvd no precedents of tlie House of ( V)Uiinons to .tiuide liim. S^ee, however, proceedings of legislative council in 18()2 (then elective) before i^loction of b^ir Allan ]McNab, Log. Coun. .!., 17-19 ; also, i)roceedings in Leg. Ass. of Quebec, in 1S7(), when a new speaker was appointed in the place of Mr. I'ortin. In these cases returns were laid before the House before olecitiou of speaker. Also, see the journals of the Lower Canada Assembly for 1323 for a case of the clerk laying before the House tho returns of the election of new members under somewhat similar circumstances. Mr. Papineau had declared his intention in writing not to be present as speaker, and consequently it was necessary to elect a new presiding otiicer. , I I f I s ■pi' .'1 ■ '.il ; itlt *n « ♦■ li -iSiL r p !i|lb^ ■,i '' .. fiK '. ''Oil ' I ,1' ' .': : '. .; It I: 1^ i;-': !'! M'9 I'! Ill 1 '11 100 T/IK sr.XATK AXn 110 1 SK or COMMONS. constituted, and consoqucutly they luid no power to sus- pend the ruU» requirin all new members, including minis- ters after re-election, have been introduced.' XII. Attendance of Members.— The members of both Houses are expected to attend regularly in their places, and per- form their duties under the constitution.' In case of un- avoidable absence it is the proper course to have the reasons explained to the House, and leave will then be given to the member to absent himself from his duties. The names of senators present at a sitting are entered every day in tiie journals in accordance with the prac- tice of the House of Lords.'' ' Can. Hans. (1«78), 1-11 ; Jour,, 1. - Can. Hans. (1*578), 11, VI, lu, This dilliculty could not have occurred in English practice. !Menibers'niust be sworn with the t!{)eaker in the chair. Consequently I\Ir. Anj;lin could not have been nominated for speaker in the English House during a parliament, as in this case. Hoe May, I'OL', iwte, where cases of Mr. Charles Dundas (I^o Pari. Hist., 951), and of 3Ir. Manners Sutton are referred to (Lord Colchester's Diary, iii. 2(;0). Also. Pari. P., Kej). on oflice of Speaker, 1852-3, vol. o4, p. G(i. ' Jour. ( 50-1 ), 9 ; Can. Hans., 9th December ; Ih., 1882, 9th Feb. Mr. Gladstone tvas formally introduced after his re-election as minister of the Crown, in ISSO. " London Graphic," July 3rd, 1880; H. W.Lucy, Diary of Two Parliaments, ii. 9, 10. ' 2 Hatsell, 99-101. A member of the English Commons has been ex- pelled for refusing to attend the service of the house; Mr. Pryse, in 1715. •' Can. Com. J. (1SG7-8), 34, 38. " Sen. Journals, 1807-1891. Mr:.uiii:i!s' i.\i>j:}i.\irv. 191 The old pnnticc in C'aiuidsi, as in Eny'hind, was to have a rail of th»> lIoiiNf and ordor idl the m»'nd)ers to atiiMidou a i»arti«'ular day,' but lliis piiiftit'c has now virtually bc- rouif ol)st)let(' — no ciisos havinir occurred since 18»)7. The attendance ol' members in both houses is always large, compared with that of the Imperial Parliament, and in cases of ernerii,eniy th»^ party whips are oxpe(;ted to take proper measures to have members in their places at a partiiular tinn'. Trevious to the met'ting ol parliament, rh»' leader of the government will frequently, in view of important business, send cireulars tothe sui)porters of the luinistry, requesting their prompt attendance*'. These are, however, matters of imlitii'al arraimement, which have nothing to do with a work of this character, and are only now mentioned as among the reasons why the old usage of calling the members together has been practically given up. XIII. Members' Indemnity.— The members of both Houses reteive a sessional indemnity, besides a travelling allow- ance, and forfeit a certain sum for every day of absence irom their duties in the House.- The act of 1807 relating to the indemnity to members and salary of the speakers ' gavt' each member six dollars lor each day's attendance, if the session did not extend lieyond thirty days ; but if it should be longer, he would receive a sessional allowance of six hundred dollars. In 18T:;>theact was amended so as to increase these amounts to ten dollars and to one thousand dollars, whilst the ' May, L'30 ; 80 E. Com. J., loO, loS, 157. Can. Leg. Ai»s. J. (1854), 177, 24(1. L'S4, bm, ()22. - In old times members of the English Commons were paid by a tax levied on the several oonstituencies, and the custom of members bearing their own charges probably dates to the middle of Elizabeth's reign. Hearn, Govt, of England, 526-531. In 1841 members of the legislature of Canada voted themselves £05 for indemnity. Turcottt, h 88. • 31 Vict., c. 3. ;ilH' ' ^'! i !t .*: liMi 'f"\^ 4 J It 192 THE Si::<.\TE .LY/) nOlSK OF iOMMOXS. suliny of i'arli spoakcr was raisod from tliivo thousand two huiulriHl to lour thousand doUars annually.' A do- duction oi' oight dollars }>or day shall ho niado I'roni tlie sessional allowanco lor ovcrv day on whith th UK' nib iT does not attend a meet ins;- of tho llouso ; but this deduc- tion will not bi' niado lor aays of ad journniont, when the House is not sitting', or in lase of illness when the lueni- bt>r has been in tiitendanee at the place where parliament meets.- !>[eml)ers ar:^ paid seviMi di>llars lor eaeh day as the session advanees. ' as well as miK'age at the rate of ten eents a mile, going andeoming. At the *'lose of the session the sitm due a ini>mber will be paid him by the aoeountant of the llottse, on his making and signing be- fore th.e same, or a justit'e of the i)eaee, a solemn deelara- tion ol the at-tual number of days he attended the House, and id' the niimb»'r of miles travi'lled, as determint'd and ratified by the spi>aker of the House.' AVhen lUi'mbers have been obliged through illness to absent tlu>mselv(^s for a considerable part of the session, or have been unable to present themselves in good season at the seat oi' government throuu'h unavoidable eireum- siaui'es arising out of their election and return, it has ()een usual to draw the attention of the House to the facts, and ' ;U) \'ict., r. ;'.!. ss. i;;, l l : 1 lev. Stilt, of Can., c. 11, .-is. L'4, l.T>. ;?1 Vii't.,r. ;'., .s. -, anu'iulod l>y ;!ii Vict., c. ;'.l,s. l."> ; Kev. Stat. ol'Can., c. 1 1 . s. L't). ';U) Vict., c. S, 111 anu'iidiiuMit nt'r.l \'ict., c. ;:, s. 1 ; Kov. Stat, oi Can., c. 11,8. I'S. ' Kev. Stat, of Can., c. 11, ^*. ;>1. Soo a loivj: ilcbato in tlie Soiiuto sh.>\v- inu'tliat it lia.s boon tlie nniaum jn-actico tlioiv, a.s in tin.' t'oiuinon.'^, to liavo non-sittinj; days count lor tiio [uirposo of niakini: up tiio tliirty-ono days necessary l\n- tlio indemnity. ]\lcinbors who have attended only for one or more days at the cominenceincnt of t lie session have received their sessional allowance less the eijiht dollars per day deiiucted for days when they had not attondeil the sittings of the house. Sen. l>eh. (ISSO). "JMl- :i()4 ; ,\our., lTvJ. In ISOO, a inenil)er who was livinu; in London, En;.;laiul, was paiil travellinu' expenses between that city and Ottawa, on his decla- ration that his "place of n^sidcnco " was in lAmilon. See Can. Coin, J.. 44(»;Han8.,Stli of May. PisQUALrrrcATiox of memukus. 103 to movo that tho mombors in quostion iwoive the sum to \vhioh thoy would bo *>utitlt'{l had not such tiivum- stanoos provoutod thoir attondauco. Tho ivasous have been i^enorally stated in the resohition, or else mention has been made oi' the fact that there are special I'ireum- stances eonneeted with the case. Attention is ovnerally ealled to such matters before the doors are opened, but the resolutions have been always formally moved and entered on the journals.' This praetice has been i^radually falling' into disuse, and is only now resorted to under very excep- tional eireumstanees.- In ease it is deemed expedient to give lull indeiunity to iamilies of deceased members of .'ither Ho\ise. the proper course is for the government to bring down the requiNite vote in the estimates.' XrV. Expulsion and Disqualification of Members. —The power ol' rarliament to expel a member is undoubted.' This power has been repeatedly exertised by the lilnglish and Colonial ■ Can. Com. vl>^7n, :'.04, ^Innitolia nunubers; //). (1S71), r>L'L!; lb. {,lS7i>), ;]\\\ V. v.. Islaiul ms'inhors (lt>taini>il by itv aiul storms; //). (ISTiil. :'^04; /■•'. OS77). !!'(!. •-'■■>7; Ih. (ISTSl. ISl, l-JO. L>i)4; Can. I'ans. (1S7S). iTvl!). Casi's oi' IMossr.-^. I'lnmb, Crton, Wliite and rorroaiill (oUn'tioii and ro- tuin\ KUli May, 1S7!M prinvdont of 1S74 was t'ollowivl. ■' Can. Coin. ,1. (ISSJ), -ttVJ. Xo nu>re rosolntion should bo ullowod to ova lo tho law, and tho money should bo i\\sj:ularly votod in tlio o.stiniatt>s. Ill lSSr> ilu> llonso pas-. r>ut tiio proiH!!' oonrso was pursuod of votin<4 tho nooossary sum in tho estimates. Can. Soss. V. of ISSo, No. 1, supp. est., 'A. Chtoo at tiio very oloso of tho sossion, when (he ostiinatos were olosod, tho .iccountaiit of tho Ilonso was instnu'tod to pay balanoe of indemnity , on oooasion of deooa.se of .\dani llndspoth, Uith May, ISiH). But all such pioooodin>.'s are tiiiostionable. ■ Kstiiuates of ISSl. Sesf. l\, ISStVSl, No. 1. ' May, (>;> ; 144 K. llans. {'.\^, TOJ. The oxeroiso of this rijjbt, boinj; en- tirely disoretionary in its nature, ought to be 'governed by tho strictest jnstioe; for if the violenoe of party should be let loose upon an obnoxious inemlier, auil a ropresentativi' of the people disoharirod of tho trust I'on- foiTod on him by his oonstitnents without t;ood oause, a power of oontrol would thus be assuuied by the representative body over tho oonstituont, whollv inoonsistent with the freedom of election. Mule, 44 ; Cn3hin>jf, p. 250. 13 ,•.. til \ < I'll I ' 1 M 111 ill i H ',1 P it.' f< 1'. ! 1 i ill 194 THE SKSATE AND HOUSE OF COMMONS. Parliaments, cither \vlien members have been guilty of a positive crime, or have offended against the laws and regulations of the House, or have been guilty of fraudu- lent or other discreditable acts, which proved that they were unfit to exercise the trust which their constituents had reposed in them, and that they ought not to continue to associate with the other members of the legislature. The instances of expulsion from the English Parliament art^ very numerous, as may be seen by reference to the English authorities.' The most recent case is that of Mr. Bradlaugh, in 1882, when the House resolved that " hav- ing disobeyed the orders of the Honse, and having in con- tempt of its authority, irregularly and contumaciously pretended to take and subscribe the oath required by law. he be expelled this He use." - The House of Commons of England has also always up- held its dignity and declared unfit to serve in parliament such persons as have been convicted of felony. The latest cases are the following : — In 3S70 Mr. O'Douovan Rossa, -whilst undergoing sentence for treason-lblony, was elected member for Tipperarj'; anci the Com- mons resolved that " having been adjudged guilty of felony, and sentenced to penal servitude for life, and being now imprisoned under such sentence he has become, and continues incapable of l)eing elected and returned as a member of thi> ifouse." On this occasion, Sir Roundcll Palmer (now Lord Selborne) said that it was " impossible that a man convicted of treason or felony and suffering punishment for that otfence, could be a tit person, on accoxmt of the infamj^ attaching to that crime. A sentence of transportation for life, or of penal servitude for life — which, indeod^ makes it necessarily impossible for a man to be present for a single moment in this House — disqualifies the person subject to it from being a member of parliament." ' ' May, 6:]-Gr) ; IS E. Com. J., 336. 407 ; 20 Ih. 702; 39 lb. 770; (io lb. 433 ; 09 lb. 433; 5 Pari. Ilist., 910; 144 E. Hans. (3), 702-10, where numerous cases are given. ■' 137 E. Com. J., 59, 61-02. See :\Iay, 210, ct s>q. ■•' 199 E. Hans. (3), 122-152; 12o E. Com. J., 8, 27. DISQl'ALrFICATIOX OF MEMBERS. 195 3Ii'. John ^Eitcholl who had hoen sentenced to fourteen years transportation I'or treasonable practices, escaped from his place of imprisonment, ai\d was subsequently elected, in 1875, member for Tipporar}', though he had not received a pardon from her Majesty under the great seal. The necessary evidence of the facts hav- ing been laid before the House, he was ileclared incapable of be- ing returned to the Commons. The ground was talcen by the attorney-general that having had sentence passed upon him, and having neither received pai-don nor suiferetl the punishment to which ho was sentenced, he was disqualilied." ' In the session of 18S2, a similar proceeding was taken in the case of ^Michael Davitt, who had been convicted of felony, and sentenced to penal servitude for tifteen years. - The followiug are the most memorablo examples of ex- pulsion found in the records of Canadian parliamentary- history : — In 1800, C. B. Bouc, member for Effingham, Lower Canada, was expelled on evidence being given that he had been convict- ed at the assizes of a conspiracy with sundiy other persons, un- justly and fraudulently to obtain of one E. Dorion large sums of money. Ho was re-elected more than once, but finally disf^uali- ticd by statute. ' In 1829, Mr. Christie, member for Gasp^, was expelled on the re]iort of a select committee of the Lower Canada assembly, on various allegations of misconduct, but ostensibly for having, as an extreme partisan of the government, badly advised the gov- ernor and pi'ocured the dismissal of certain magistrates from the commission of the peace, on account of their political opinions and votes in the assembly. He was re-elected and expelled several times.' ' 222 E. Hans. [3], 490, 539 ; 130 E. Com. J. 25. He was again return- ed, and aa there had been a contest, the matter was determined under the Election Tetitions Act. The other candidate, having given due notice of the disqualification, proved his claim to the seat, and tlie return was amended accordingly. 224 E. Hans., 918, 919 ; 130 E. Com. J., 235, 23(5, 239. ■' 137 E. Com. J., 77. ■• Lower Can. J. [1805 4,70, 90 ; Ih. [1801], Jan. 24 ; Ih, [1802], 324. Ciu-istie's Lower Canada, i. 210, 221. 42 Geo. III., c. 7, Low. Can. Stat. ' Lower C. J. [1829], 447, 405, 479, 493 ; Ih. [1830], Jan. 1st ; lb. [1831], "TP '11 Jf! 11 1 A ■ j %, i ; i ' ^^ I i ( ! 1 1 -I t k II wlk hi '- ! if, ' /'I y 'i'\t 'nil \ 1 < -I 4]^ ml ' '* ' if 196 THE SENATE AND HOUSE CF COMMONS. In 1831, the legislative assembly of* Up])er Canada doc'l:>i'0(l !Mr. AVilliam Lyon Mackenzie "guilty of gross, scandalous, ami malicious libels, intended and calculated to bring this House and the government of this province into contempt, &c." Ho was exiielled, and having been subsequently re-elected was declarod incapable of holding a seat in the house during that parliament. On again ])resenting himself, he was forcibly expelled by the serjeant-at-arms. As in the case of Mr. "Wilkes, in England, to which we refer further on, the assembly acted arbitrarily and illegally. Jn a subsequent pai-liament, all the proceedings in Mr, Mackenzie's case were expunged from the journals.^ In 1858 Mr. John O'Farrell was expelled fen* fraud and violence at the election for Lotbiniere.'^ In 1874, on motion of Mr. Mackenzie BowcU, Louis Riel, M'lio was accused of the murder of Thomas Scott duri..g the Northwest troubles, Avas expelled as a fugitive from justice, the necessary evidence having been previously laid before the House.' Kiel was again returned to ])arliamont during the J'eccss, and soon alter the House met, in 1875, the premier (Mr. Mackenzie) laid on the table the exemplification of the judgment roll of outlawry, and then moved " that it appears by the said record that Louis Eiel, a member of this House, has been adjudged an oiitlaw i'ov felony." This motion having been agreed to, Mr. Mackenzie November ; lb. [1832], 12 ; Ih. [1833], 2.-). Christie's Hist, iii. 240. Tiiis case illustrates the extreme lengths to which party spirit carried parlia- mentarj' majorities in the early times of Canada. He was not even allowed to confront his accusers before the committee. Tlie (xuestion was referred to the British Government, which liisapproved of the action of the legislative assembly, but at the same time admitted that the re- solution of the asserably was irreversible except by itself. Despatch of Viscount Goderich ; Low. Can. J. [1832-3], 50, 57, 129, 13G, 137, 138. ' Upp. Can. J. [1832-3], 9-10 ; 41,132 ; lb. [1833-4], 10, 15, 23-25, 46, 54, 55,104 ; lb. [1835], 17, 24, 25, 26, 59, 141, 142, 408 ; Mackenzie's Life, by C. Lindsey, chaps. 13, 14, 15, and 17. See also case of Mr. Durand, mem- ber for Wentwortli, expelled for committing a libel, pnd a high contempt of the privileges of the House • Upp. Can. J., 4 March, 1817. 'Leg. Ass. J. [1858], 454. ^ Can. Com. J. [1874], 8, 10, 13, 14, 17. 18, 32, 37, 38, 67, 71, 74. See case of Mr. James Sadlier in 1857, charged with divers frauds, and a fugitive from justice, 144 E. Hans. [3], 702. Rial actually took the oath in the clerK's office, but not his seat in the chamber. DJSQUALIFICATIOX OB MEMBERS. 197 moved foi* the Ls.siio ofji new writ for Provenclier " in the room of Louis Eiel, udjudged an outhiw,'' which also passed by a large majority.' The cases of Mr. Christie aud Mr. Mackenzie, given in the foregoing list of precedents, find a parallel in the famous case of Mr. "Wilkes, who was expelled in 1*764 from the British House of Commons for having uttered a seditious libel. A contest then arose between the ma- jority in the House and the electors of the County of Mid- dlesex. The House in 1769 declared him ineligible to sit in that parliament, when he had been again elected for Middlesex. Though Mr. Wilkes was re-elected by a large majority of the electors, the House ordered the re- turn to be amended, and his opponent (who had petition- ed the House) to be returned as duly elected. The efforts of the electors of Middlesex were unavailing for the time being to defeat the illegal action of a violent partisan ma- jority. Many years later, in 1782, when calmer counsels prevailed, the resolution of 1769 was expunged from the journals " as subversive of the rights of the whole body of electors of the kingdom " — which is the identical lan- guage subsequently used in expunging the various pro- ceedings relative to Mr. Mackenzie." No principle is more clearly laid down by all eminent authorities on the law of parliament than this : — " That parliament cannot create a disability unknown to the law, and that expul- sion, though vacating the seat of a member, does not create a disability to serve again in parliament." ' Both ' Can Com. .T. [1875], 42, 67, 111, 118, 122, 124, 125. Can. Hans. [1875], in9, 144, o07-322. The O'Donovan Eossa precedent was followed by ^Ir. Mackenzie. Mr. Bowell had previously placed a motion on the paper for the expulsion of Kiel, but withdrew it when he found that the government proposed dealing with the matter. Vote?, 1875, Feb. 11, and Can. Hans, of same date. - 32 E. Com. J., 229 ; 1 Cavendish 1)., 352 ; 38 E. Com. J., 977 ; 2 May's Const. Hist., 2-26. See also for other examples of excess of jurisdiction, 2 E. Com. J., 158; 2 Jh., 301 ; 2 lb., 473 ; 8 lb., (JO ; 17 lb., 128. •■' May, 63. I I '^ P- i'iJ fl I'-J S.J io Ik ""MH!-' *u 198 THE SESATE AXD HOVSE OF COMMONS. houses of parliament " must act within the limits of their jurisdiction, and in strict conformity with the laws. An abuse of privilege is even more dangerous than an abuse of prerogative. In the one case, the wrong is done by an irresponsible body ; in the other, the ministers who ad- vised it are open to censure and punishment. The judg- ment of otfeuces especially should be guided by the sever- est principles of law." ' The House may proceed in various ways to inquire into the propriety of allowing a member to associate with other members of the House, when he is accused of a grave offence. Committees and commissioners have at times been appointed to inquire into the allegations.- It is the proper course to lay the record of conviction before the House, when a member has been convicted in a court of justice.^ The House, however, is not necessarily bound to the necessity of a conviction, for it may, apart from mere legal technicalities, acting upon its moral conviction, but at the same time most cautiously, proceed to the expulsion of a member.' In all cases, however, it is necessary that the member should have an opportunity of being heard in his place before proceeding to expel him. ' By reference to the precedents given above, the proper procedure in all cases will be more clearly understood. XV. Suspension of Members. — Expulsion is an extreme penalty only to be enforced uuder extraordinary circum- stances. In cases of minor gravity, the House may be satisfied with ordering the speaker to admonish or repri- mand the oflfender, and the remarks of the speaker ought ' May's Const. Hist., vol. ii. 26-7, 9th ed. - 11 E. Com. J., 28;; ; 20 Ih., 391 ; 21 Ih., S70 ; (i5 Ih., 433. See also Can. Com. J., 1S7G, March IG and 28; also Hansard of those dates. •' 67 E. Com. J., 170; 69 Jh., 433 ; 222 E. Hans. (3), 415. ' 144 E. Hans., (3), 715. '■> 69 E. Com. J., 433; 111 ///., 367 ; 144 K. Hans. {?,), 711. Can. Com. J. (1874;, 13, 18. mm QUKSTIOXS AFFECTING MEMBERS. 199 always to be entered on the journals after motion duly made.' The House may also under certain circumstances proceed to the rig'orous measure of suspending a member temporarily from his functions. " There is no doubt," says an authority, " that under the common law of par- liament any member, wilfully and rexatiously obstruct- ing public business, would be held to be guilty of a con- tempt of the House, and would be liable to a suspension from his duties as a member." ' The rights of electors are no more infringed than if the House had exercised its un- questionable power of imprisonment.' No necessity has ever arisen in the Canadian parliament for exercising this extreme power which ought clearly to be used only in a grave emergency. It has, however, been found necessary to adopt a new standing order on the subject in the English House of Commons, on account of the conduct of certain members who have wilfully and persistently obstructed public business.' XVI. Questions aliiscting Members referred to Select Committees.— In the Canadian, as in the English House of Commons, " whenever any question is raised alfecting the seat of a member, and involving matters of doubt, cither in law or fact, it is customary to refer it to the consideration of a committee." ' For example : In the case of Mr. Perry, ' Case of ]\rr. O'Connell, 1838, vol. a, pp. 2231, 226:;, Mirror of P.; E. Com. J., 1838, Feb. 28. - Mr. Raikes (chainnan of committees) before Committee on Public Business, 1878, p. 110, 132. For old oases, 2 E. Com. .1., 128; 8 Ih., 289; \)lh., 105 ; 10 /6., 84G. ' 3 1 ay, 65. * Standing order made 28 Feb., 1880, amendetl 21 and 22 No\ember, 1882. See Appendix L. at end of tliis work, wliere it is j^iven in full. How necessary it has been in England to make some dianges in the English rules, in order to prevent obstruction and promote tlie progress of public l)usiness, may be understood from a perusal of an article by ^Ir. llaikes in the November number of the "Nineteenth Century," 1879. ' May, 713 ; 94 E. Com. J., 29, 58 ; 110 lb. , 0-5; 134 lb., SG. iiil III 111 iM?" I i" M.W '♦vt I ■ \- ; I \ 1 'If',. 1;1 h\v '4,{t i! ' U ' * 1'^ '■5! 200 THE SKXATK AXD HOUSE OF CO}DfOyS. refernxl to iu a previous page ; ' of Mr. J. S. Macdoiiald and Mr. C. Duukin, whoso seats were questioned ou ac- count of their holding offices in the executive councils of Ontario and Quebec ; " of Mr. R. B. Cutler, who had been paymaster of a government railway at the time of his re-election ; ' of Mr. DeLorme, who was charged wnth complicity in the Red River rebellion ; ' of Mr. Anglinand others, alleged to have violated the Independence of Par- liament Act.' In the case of Mr. Daoust, 1870, the mat- ter was referred to the committee on privileges and elec- tions, which reported in his favour ; " but in 1880 the House refused to refer a petition making certain charges against Mr. Hooper to the same committee." In 1890, the conduct of Mr. Rykert, in connection with certain timber limits, was rci erred to the committee of privileges.'' In other cases where there is evidence of crime, or of the person accused beihg a fugitive from justice, it has been considered sufficient to lay the papers formally before the House ; ' but whenever the seat or character of a member is affected the House will invariably proceed with due caution and deliberation. A reference to a committee is no doubt the proper procedure iu all cases in which there are reasonable doubts as to the facts or the course that should be pursued, especially when it is necessary to ex- amine precedents.'" ^ Supra, 167. •-' Can. Com. J. (1S67-S). 30. ••' lb. (1873), 285, 321, 328. * 76. (1871), 249. This matter was not referred to the committee, as proposed in the original motion, on the ground that a sutlicient case was not made out. '^ Supra, 173. « Can. Com. .J. (1870), 145, 159, 160, 208. ^ 2b. (1880), 60, ''2, 87, 88. ** Can. Com. J. (1890), 197, 198. " Case of Louis Kiel, supra 196. '" Mr. Gladstone, 190 E. Hans., 123. 1ft:: PLACES /iV THE HOUSE, 201 XVII. Places in the House.— The members of the two Houses are provided with seats aud desks,' to which is aiJixed a card with the uame of the member to whom it has been allotted. The members of the privy council occupy places to the right of the speaker, and the leading members of the opposition to the left. The older members are generally given the preference in the choice of seats. The location of seats in the House of Commons is arranged by members placing themselves in communication with the serjeant-at-arms, whose duties are referred to in another place.- ' Seats were first provided in Lower Can. Ass., 17 Jan., 1801. See .Scrope's Life of Lord Sydenham, 2-3, note. - Chap. iii. s. 3. ""'nfip' iB|i ' i illl'MII HI ili; i f\ :1 •'!! 1' I '1 ', l 'I I'l 'ilk If - 'i li it .^■ii H A m F If'.,. i'i ! 1,1 1 Ji.' ' ii CHAPTER III. THE. SPEAKERS AND OFFICERS OF THE TWO HOUSES, .ir. T. .Sjieaker and Oflicers of the Senate — Continjient Accounts Committee. — II. Speaker of the House of Commons. — III. Ollicers and Clerks, Sc>'., of the Houso of Commons. — IV. Admission of Stran^erH. — V. Clerk of tlie Crown in Chancery. — VI. Votes and Journals. — VII. Ollicial Re- ports. — VIII. Library and Reading Rooms. — IX. Commissioner.s of Internal Economy, I. The Speaker and Officers of the House.— Tho speaker of the Senate is appointed by a commission under the greai seal, and may be removed at any time by the governor- general.' The procet^dings consequent on the appointment of a new speaker will be found fully explained in another part of this work." In case of the unavoidable ab.seuce of the speaker during the session, it will be necessary to appoint a new speaker for the time being. When the former returns, his re-appointment must be made known to the House with all the usual formalities.' 'Sec. 34, B. X. A. A<;t, 18G7. The first speaker of the leg. ooun. of Canada, 1S41, was the vice-chancellor of the court of chancery, li. S. .Jameson. Jour. 19. The following are the names of the speakers of the Senate since 1867:— Hon. .1. E. Cauchon, 1867-1873; Hon. P. J. 0. Chauveau, 1873-1874 ; Hon. D. Christie, 1874-1878; Hon. D. R. Wilmot, 1S78-1SS0; Hon. A. E. Botsford, 10th Feb., until 19th April, ISSO ; Sir David L. Macpbenson, 1880-1883; Hon. W. Miller, 1883-1887; Hon. J. B. riumb, 1887-1888; ; Hon. G. AV. Allan, 1888-1891. Hon. Mr. Lacoste, 1891. '^ Chap. vi. s. 2. ■'Hon. Mr. Ross, from. 17th to 28th May, 1869, in place of Mr. Cauclion. In tlie session of 1880, Mr. Macpherson fell seriously ill, and it l^ecamo con- sequently necessary to appoint !Mr. Botsford speaker. Journals, Feb. 16, and Hansard of that date. Mr. Macpherson was subsequently re-appointed SPEAKER AXD OFFICE IIS OF THE SESATE. 203 The speaker presides over all the deliberations of the Senate, except when the House goes into committee of the whole, and then he must call another member to the (hair. He has in all cases a vote,' which is the first recorded on the side on which it is taken, and he decides (juestions of order when called upon for his decision.- If he wishes to address the House on any subject, he will come down from th(^ chair — like the lord chancellor in the House of Lords — and speak from the lloor like other members, but this is a privilege which he will very rarely exercise,' He stands uncovered when speaking to the Senate, and if called upon to explain a point of order or practice, he is to state the rule applicable to the case, and also to decide the question when required, subject to an appeal to the Senate.' The speaker in the Senate, like the speaker in the Com- mons, presents to the House all papers, rel:urns, and addri^sses which he has received and which ought to be laid before that body.' The principal officers of the Senate are the clerk, clerks assistant, and gentleman usher of the black rod, who Lave yen. J. 177. In 1S72 Mr. Speaker Canchon was accidentally detained, and information was s^iven of the fact by the clerk when the Senate met. Mr. Hamilton took the chair, and by consent declared the House con- tinued till i).:!0 that evening. Sen. J. (1872), 7!». In 188S Mr. Speaker Plumb died very suddenly during the session, and the fat't was announced to the House by the clerk, and Senator Ryan h.aving been temporarily called to the chair, the House adjourned for several days. On its re- assembling, tlio appointment of Hon.. George W. Allan as speaker was formally announced. Sen. J. (1888), oO, 31. Deb. loth and 19th March. ' Sec. 36, B. N. Act, 1807. See chapter xiii on divisions. -'Sen. Deb. ("Times"), 1807-8, pp. 17((, 184. •'Mr. Speaker Ctiristie, Sen. Deb. (1877), 131; Mr. Speaker Wihnot, 2nd ^lay, 1879; Lords' S. O. 19; May, 240; Mr. Speaker Macphorson spoke at some length in committee on Canadian Pacific Railway bill, Feb. 14th, 1880-81. He came down from the chair in the session of 18S2, and made a few remarks when a senator directly referred to a speech he liad made some years previously. Hans. 749. ^ Sen. R. 29. 5 Sen. J. (1867-8), 206, 210, 230-231, 269, itc. ; lb. (1880), 17, 30, 47, &c. .w \ 204 Sl'EAKERS AM) OFFlvEIiS OF BOTH HOUSES. all soats oil the lloor of the TIouso, The olork iinJ clerks assistant have also beeu hitherto appointed masters in the chancery of ('anada, l)y virtue of special commissions under the great seal.' Thi' clerk, who is appointed by the Crown under the great seal, performs duties similar to those of the clerk of the Commons, and also acts as accountant in pursuance of the orders of the House itself." He reads the commission for the appointment of a new speaker,' and takes minutes of all the proceedings of the Senate. He administers the oaths required by law to new members as one of the commissioners appointed for that purpose.' At the prorogation of parliament he pro- nounces the royal assent to bills, or signifies that certain bills have been reserved.' He also replies, by his Excel- lency's command, accepting the benevolence of the Com- mons, when their speaker makes the usual speech in presenting- the Supply Bill." Whenever a new clerk is appointed, the speaker will inform the House of the fact, and the commission will be read and put on the journals. He will then take the oath of office before the speaker.' By an acf* passed in 1872, the clerk of the Senate is also styled the clerk of the Parliaments, and has the custody of all the original acts of parliament. He has a seal of office which he affixes to certified copies of all nets in- tended for the governor-general or the registrar-general of Canada, or required to be produced before courts of •Sen. J. (1867-8), 61, 02; Ih. (1883), 15; lb. (1884), 3. Also, the law- clerk. - Report of contingent committee on subject, Sen. J. (18(>7 S), 131 ; Ih. (1870), 105. An assistant appointed in 1875, Jour. 3-1 ; Jh. (Ic77), 115. •■ //y. 187;;, 1874 1879,1891. * lb. (1874). 14. lie. ; Ih. (1883), 18. Sec. 128, B. N. A. Act, 1867. "Sen. .1. (1874), 202, c^c; lb. (1883), 297. ''lb. (1874) 262-3, commissiou under the privy seal. ' Whenever it is necessary to appoint other ollicers, the subject is referred to the committee ou conting-cnt accounts, who report as to the necessity for such olHce, and the salary that ought to be given.' All appointments and salaries ^>xcept the appointment of crown ollicers) as well as promotions, and recommenda- tions for superannuation, are practically regulated by this committee. In fact it supervises all the ordinary expen- ses of the Senate, apart from the members' indemnity and other expenditures authorized by statute." Its members have always jealously resented all attempts to interfere with the control of matters which it is the practice to re- fer to them.' All petitions and papers referring to salaries and expenses of the House are invariably submitted to the consideration of this committtn^ before any definite con- clusion is arrived at on the subject."" At the commence- ment of every session the clerk is to lay before tln^ Senate, on the day aftt>r the appointment of the committee on coutingt>nt accounts, and as often as he may be required to do so, a detailed statement of his receipts and disburse- ments, since the last audit, with vouchers in support ' iSIay, !';")(). ■Sen. .]. (1S()7-S), i)0; F>. (lS()i)), So. lie is appointod umler the sroat Sf.'jvl, //'. (1SS4), 70, 77. ■'//'. (1S()0), 3;54. //.. (1884\3. ' Il>. US(Ji)), S;'.; //-. (LS7o), V:>-2; Ih. (1S76\S(). •■' Ih. (lSG7-liS), 90; ih. (ISSO), L>oL'; Ih. (1SS2), 05, uOO; //;. (,1883), 45, lU ; Ik (ISiie), 47, 48, L'79, i*io. '■' .Sen. J. (1877), 44, (iti, 114, etc. ; Ih. (1880-81), 103-4 ; Ih. (1884), 270. ' Sen. Dob. (1875), L'5, 37, GO, GO. ■" Sen. J. (1807-8), 20U, •J73; ///. (1870), 01 ; Ih. (18S0), 87, 95. si'i:AKi:n or Tin: house of commoxs. 207 thereof.' The committee in question will always report on the correotuess of these aeeount.s.- In 1880 the Senate agreed that "the aceounts of expenditure for salaries and coutinii-eucies of the Senat;, and for their meml)ers' in- demnity, etc., should be audited by the auditor-i»eneral in the same manner as those of the House of Commons." ' Thi' daily printed record of proceedings which is pre- pared by the otficers of the House in the two languai^'es and sent to every member is called " Minutes of Proceed- ing's," a copy of which, certilied by the clerk, must be transmitti'd dailv to the governor general.' The journals, v>'hich are almost identical with the min- utes, are bound in annual volumes as soon as possi])le after each session, with a full index. Copies of the jour- nals are transmitted to the colonial ollice, to the House of Lords and Commons, and to the legislatures of the British Colonies. The librarian is also furnished with sullicient co\nt's of the journals, and of all reports from heads of public departments, or concerning any public institution for general exchange. The clerk is also to make arrange- ments for exchanging thi' laws of Canada for those of the Imperial Parliament and of the colonial legislatures. ' Strangers are admitted to the galleries and to that part of the House which lies without the bar. The House may, however, be cleared at any moment, in conformity with a standing order, like that of the House of Commons, to which relerence is made in a subsequent page of this chapter.'' II. The Speaker of the House of Commons.— There are four sec- tions of the British North America Act, 1807, which refer to the election of speaker of the House of Commons. The 44th section provides — ■ Sen. K. 80 ; Jour. (1879), :>! ; Ih. (188:5), 40 ; lb. (lS90j, IS. - Sen. J. (1878), L'34 ; lb. (1879), LMO; lb. (1880), ISO. ' Sen. .1. (ISSO), 97. ' Son. K. IV'% Sen. K. 105-109. '' Page -JlM. n % A ', I ''1 , I ir 1. U W 1 I 1 1 ' ■ 1 't i 'j'' '1 1 Imfl tl II^^hH i ^ilH Ill Hit''"' mm 208 !^FEAKEKS AND OFFICERS OF BOTH HOUSES. " The House of Commons on its rirst assembling after a gen- eral election, shall proceed with all practicable speed to elect one of its members to be sjieaker." ' The proceedings in such a case are described more con- veniently in a later chapter on the opening of parlia- ment.- The 4ath section provides — '■ In case of a vacancy happening in the office of speaker hy death, resignation, or otherwise, the House of Commons shall, Avith all practicable speed, proceed to elect another of its niom- bers to be speaker." No case of the election of a speaker during a session has occurred since 1867 in the dominion, nor did auy occur in the old province of Canada between 1867 and 1841. We have, however, a recent case in the English House of Commons —the resignation of Mr, Denison and the election of Mr. Brand in his place, in 1872. In this case, on the day following the resignation, the serjeant- at-arms brought the mace and laid it under the table. Then the premier addressing himself xc the clerk, as at the opening of a new parliament, informed the Hoitse that her Majesty had been informed of the resignation of the Right Hon. J. E. Denison, and gave leave to the House forthwith to proceed to the choice of a new speaker. ' The House immediately elected Mr. Brand, and the mace was then laid on the table.' ' This is substantially section 'do of the Union Act of 1840. In the tirst .■ieesiou under that act the jrovenior-treneral did not come down on the lirst day, but the House proceeded immediately to the election of a sj^eaker, after the clerk had read the proclamation and sec. 33 of the act. Excep- tion was taken tc this procedure at th<3 time. (Quebec Mcrcunj, June li», 1841). Next day the governor-geueral came down and opened parlia- ment. Leg. Aiss. J. (1841), li, 3. In subseciuent sessions, the preseut usage was followed in conformity with British constitutional practice which re- quires that the sovereign trive authority to the House to proceed to elec- tion of speaker. 2 Hatsell, 218, 219. - Chap. vi. s. 3. •'This must always be done through a privy councillor in the House of Commons. 2 Hatsell, 218. * 127 E. Com. J. 9, 22, 23; 209 E. Hans. (3), 181. Also 36 lb. (1), 843 ; 2 SrHAKKR OF THE HOUSE OF CO^fMOXS. 209 In case the speaker dies or resigns during a proroga- tion, it will bn necessary for the House of Commons to go up to the Senate chamber at the opening of parliament and receive the authority of the governor-general to pro- ceed to the election of a new speaker in accordance with law. This was done in conformity with British prece- dents, on the occasion of the re-election of Mr. Speaker Anglin, who had resigned his seat during the recess.' On this occasion the governor-general was represented by a deputy-governor, the chief justice of Canada, on the first day of the session. On the following day the governor- general took his seat on the throne and delivered the speech. Since then a deputy-governor has, on other occa- sions, represented his Excellency on the first day of a new parliament, previous to the election of speaker .- Hatsell, •::-2-217; also, E. Coin. J., 22 Jan. 1770, and 9 June, 1789. A simi- lar procedure took place in the Ontario legislature in 1S71, on resi'j;nation of Mr. Spealver Scott. Leg. Ass. J. (1871), IJii. See case of the election of a new speaker in the legislative assembly of Lower Canada in 182:5, when Mr. Papinoau was absent in England. On the assembling of the House, tbe clerk read a letter from Mr. I'apineau informing them that he would not be able to attend to his duties that session. On the members of the a.ssembly presenting themselves in the chamber of tbe legislative council, the speaker of that body informed them that his Excellency bad been made aware of tbe absence of Mr. Papineau, and requested tbom to elect anew speaker in his iJaco. Chiistie, iii. 5, 0; Ass. Jour. (1823), 9-11. ' Can. Com. Jour. (1878), 1-9. The English precedents go very far back, 1 E. Com. J. 73, 110 ; -1 Pari. Hist. 1111-2 and 13 Lords' J. 400'; Elsynge, 154, 155, 245, 240, 2 i 7. Same procedure took place at election of a speaker in Quebec legisla-' • .lyHembly in 1870, on resignation of Mr. Fortin. Jour. 1-7; also, in tjij '-ntario legislature, on the resignation of Mr. Currie in 1874. - This was tbe third occiision since 1841 that a deputy -governor had re- presented the governor-general in parliament ; the lirst occasion was in 1841, when Major-General Clitherow had to prorogue the legislature on account of tbe illness of Lord Sydenham. Leg. Ass. J., 18th Sept., 1841. The second occasion occurred on the prorogation of the legislature in tbe memorable year 1849, when the retellion losses riots occurred and the l)arliament house in Montreal was burned down by the mob. Major General Rowan then appeared in place of Lord Elgin. Since 1878 several 14 'ilii v. ^-i-i-i,!);.'.!!?" U':; . r I )i ! 'm i ' ! 210 SPEAKERS AND OEEWERS OF BOTH HOUSES. The 46th sectiou j)rovides that the speaker " shall pre- side at all meetiugs of the House of Commons." The 47th section makes provision for his absence for any reason from the chair for forty-eight consecutive hours. In that case, " until the parliament of Canada otherwise provides the House may elect another of its members to act as speaker, and the member so elected shall, during the cou- tinuauco of the absence of such speaker, have, and execute all the powers, privileges, and duties of the speaker." The experience of the old Canada assembly showed the necessity of having such a provision in the act, in case of the illness of the speaker. For instance, on one occasion the House had to adjourn for some days, when the clerk had communicated to the House the fact of the speaker's indisposition.' The House of Commons had no deputy speaker before the session of 1835 ; but, in pursuance of a statute in that behalf, whenever the speaker from illness, or other cause, was obliged to leave the chair, he called upon a member to take his i)lace for the time being, and every order made and thing done under these circumstances was declared valid and efiectual." In 1885 the House adopted the English practice as far as possible with respect to the appointment of a deputy speaker. The chairman of committees, appointed at the beginning of every session as hereinafter set forth, ' acts as deputy-;.'OYeriioi's have been appointed — always the chief justice of the supreme court of Canada — when his services are available. Chief .Tustice Richards acted as deputy-governor in the summer of 187(1 when Lord Dulferin was absent in British Columbia. Ann. Kejx. 1878, p. oH. C. J. Ritchie in ISSl and 1882, when Lord Lorno was absent in the North- west and British Columbia. See Sen. .T. (1883), 23 ; Ih. (ISDl), (new Par- liament). Also, sec. 14, B. N. A. Act, 18(i7. Supra, 52. 1 Leg. A8.S. .J. (1S.")S), 1(51. No busine.ss could be done, and the clerk put the motion for adjournment. See 2 Hatsell, 222. ■^ 31 Vict. c. 2. From 1870 to 1885 no record of the fact was made in the journals, but the reverse was the case previously. Can. Com. J. (18G7-S), 1G7, etc. ■' Sec infra, chaj:). xv., s. 3. SPEAKER OF THE HOUSE OF COMMONS. 211 deputy spoakor iu ooiiformity with the provisious of a sta- tute ' passed to give validity to all proceedings while the officer in question is in the chair : 1. Wlienever the speaker of the House of Cominoiift, from ill- ness or other cause, tinds it necessaiy to leave the chair during any part of the sittings of the said House, on any day, he may call upon the chairman of committees, or, in his absence upon any memiier of this House, to take the chair and to act as deputy speaker during the remainder of such day, unless the speaker >hall himself resume the chair before the close of the sittings for that day. 2. Whenever the House shall be informed by the clerk at the table of the unavoidable absence of 3Ir. Speaker, the chairman of comuiittees, if present, shall take the chair and shall perform the duties and exercise the authority of speaker in relation to all the jnoceedings of the House, as deputy speaker, until the meeting of the House or. the next sitting day, and so on from day to day on the like information being given to the House until the House shall otherwise order: Provided that if the House shall adj(nirn for more than twenty-four hours the dei)ut3- s[)eaker shall con- tinue to pei'form the duties and exerci.^e the authority of s])eaker for twenty-four hours only after such adjournment. 3. If at any time during a session of parliament the speaker .-hall be tomporaril}- absent from the House, and a deputy speaker shall thereupon peiform the duties and exei'cise the authority (if speaker as hereinbefore provided, or pursuant to the standing orders or other order or resolution of the House, every act done and proceeding taken in or by the Hoiise iu the exercise of its jiowers and authority, shall be as valid and effectual as if the speaker himself were in the chair ; and every act done, and war- rant, order, or other document issued, signed or published by such deputy speaker in relation to anj'- proceedings of the House of Commons, or which under any statute would be done, issued, signed or published by the speaker if then able to act, shall have the same effect and validity as if the same had been done, issued, signed or published by the speaker for the time being. ' R. S. C. , c. 14. Under the first section of the act, the si)eaker may call upon any other member to take the chair in the absence of the chairman of committees. This statute is based on the imp. stat, 18-19 Vict., c. 84. . 1 I ij s t J-f. li r t it J- , "Ml III' nil I/' 212 SPEJh'Ens AXJJ OFFICERS OF BOTH IIOFSES. At six o'clock p.m., on the iiist of May, 1885, in accord- ance with tlio law, the clerk infornied the House of the unavoidable absence oi" Mr. Speaker Kirkpatrick, on ao count of serious illness in his family, and Mr. Daly, chairman of committees, took the chair, and adjourned the House. The speaker was obliged to be absent for two more sittings, and the clerk every day informed the House of the fact as soon as it met, and the deputy speaker took the chair and read prayers.' When the speaker enters or leaves the House, the serjeant-at-arms precedes him with the mace, which will lie on the table whilst he is in the chair, and the House is consequently in session,- During the recess of parliament the mace is kept in his chambers, and accom- panies him on all state occasions.' The House cannot proceed to the election of speaker without the mace.' In the records of the parliamentary history of Canada uo examples can l)e found of the House having removed, or attempted to remove a speaker for any couse. In only two instances has the English Houtic been called on to express its opinion as to the continuance of a speaker in the chair. Objections were made to the conduct of Sir E. Seymour, in 1073, but a motion for his removal was rejected.-' In the memorable case of Sir John Trevor, in 1GU4, a committee show^edthat he had received a bribe to promote the passage of a certain bill, and the House resolved that he had been guilty of a high crime and mis- ' Ciin. Com. J. (1S85), 357, 358, 35!». This i.s the English practice, lOS E. Com J., 75S, 760 ; 110 IL -'10, 395 ; 121 lb., 14(i, 15(i, 103; 131 JL, 353. Tlie mace is always on the table on such occasions, May, -5i, note. I'oi- re- port on tlie otiice of deputy sixnikor, and proceedings in relation thereto, see E. Com. SeS'^. P., 1852-3, vol. 34 ; Ih. 1885, vol. 7. Also rejiort on pub- lic business, 187S, p. 100 (Mr. Raikes) vol. 18. ^ May, 247. !See infra, chapter vi. , sec. 2, respecting mace. •' \'i8it of Trince of Wales, 1800. Funeral of Sir G. E. Cartier, 1873, at Montreal. * 2 Hutsell, 218. ^ 2 Hatsell, 214, 215 ; 2 (Jrey's Debates, 180. SPEAK'EIl OF THE HOUSE OF COMMOXS. 213 demeanour. Thereupon he resigned, and the king imme- diately gave leave to the House to proceed to the (-lec- tion of a new speaker. Sir John Trevor was theniormally expelled. ' It is the duty of the speaker to preside over all the deliberations of the House, and to enforce its rules and orders of which he is the guardian." He announces the business of the House in the order in which it should be taken up. Immediately on taking the chair he will call the House to order, and read the prescribed form of prayer. When the doors have been opened by his order, he will lay before the House any papers or returns that it is his duty to communicate to the same. He receives and puts to the House, all motions that may be proposed by mem- bers in accordance with the rules and usages of parlia- mi^nt. He must announce to the House the result of any vote on a question. He receives messages from the Senate or the governor-general, and announces them to the House. He enforces the observance of order and decorum among the members.' He reprimands or admonishes members,^ or commits persons to the custody of the serj(^ant-at-arms when he has received the net^essary instructions from the House.' He must even put a question when it alfects himself personally." He is " to decide questions of order, subject to an appeal to the House, and in explaining a point of order or practice, he shall state the rule or author- ity applicable to the (^ase." ' He authenticates by his signature, when necessary, all the acts, orders, and pro- ceedings of the House. He is the " mouthpiece of the House," ' on all occasions when an address is to be pre- ' Pari. Hist. 10i)4, vol. v., pp. 900-10. •-240E. Hans. (15), 651. ' Rule 8, ' Mirror of V. (18:18), 2-_'()3, 2207. • IK] E. Com. J. 192; Can. Com. J. (1873, L'nd .sess.), 135. " 32 E. Com. J. 70S ; 10 E. Hana. (1), 1170 ; Can. Com. J. (1877), 234, 235. " Rule 8. « 2 Hatsell, 242. ■■'CI :>^i.' Afv I f ([ 1 ,,i 1 r HBfl i Bl 1 H 1 1 l^B ' HM it !^ ^ * It : H i '* 1 ' ! 'I 214 SI'EAKEJiS AM) OFFICERS OF BOTH HOUSES. seuted by the whole House to the queen or her representa- tive in Canada, or to the heir apparent to the Crown.' This is only a very brief summary oi' the important functions of the first commoner - — his duties will be more clearly understood by the perusal of other parts of this work. It may not, however, be inappropriate to mention here that all the authorities go to show that the speaker is bound to call attention immediately to any irregularity' in debate or procedure, and not to wait for the interposi- tion of a member : '• For tlio spoaker is not placotl in the (.■lijiir merely to rotul every hit of paper, whicli any member ])uts into his luind in the form of a question ; but it is his duty to make himself perfectly acquainted with the orders of the House, and its ancient practice, and to endeavour to carry those orders and that practice in'o execution Therefore, though any member may, yet Mr. Speakoi- oui;lit to interrupt any members who speak beside the (juostion or otherwisi^ break (he rules," ' The .speaker, however, cannot be called upon to decide a question oi' law,' nor to express opinions on matters which are for the determination of the House itself." "vVhen the House is in committee of the whole, the speaker has an opportunity, should he think proper to avail himself of it, of taking part in the debates. This is a privilege, however, which, according to the authorities, he will only exercise on rare occasions and under excep- ' Chap. X. on addresses, ss. 0, 8. - For a recapitulation of the responsible duties devolving on a speaker, and of the liijih tpialities he should pos.sess, see Sir R. Palnior (Lord *. Com., 1878, p. 130. Tn England, tlie -anie speaker is ro-electeil, whenever practicable, for several parliaments. Mr. !!^ha\v I.efevre was speaker about 18 years ; ^Ir. E. Deni.son, 1"» years. It is also usual tc elevate them to the i)eerage, and confer a pension of £4,000 sterling? on them, when they retire from oilice. For instance Mr. Lefevre became Viscount Eversley and Mr. Denison, Viscount Ossinsi- ton. 144 E. Hans. (3), 2054, &.c. ; 209 Ih. 150-;5. In the old assemblies of Lower Canada, Mr. Panet and Mr. I'apineau were re-elected speaker sev- eral times. Jlr. Cockburn was elected both in 18G7 and 1873. See speech of Sir, T. Macdonald in proposing Mr. Cockburn a second time. Pari. Peb., 1873, p. 1. The sjteakers since Mr. Cockburn have been : Mr. Anglin 1874-1878; Mr. Blanchet, 1879-1882; Mr. Kirkpatrick, 1883-188(1; Mr. Ouimet, 1887-1890; :Mr. J'eter White, 1891. ' The commission reads : " For and during our royal pleasure and the continued residence of yon the said within our dominion of Canada." The clerk of the English Commons is appointed for life by letters-patent. May, 256. I I I ' 1 1 i ' :r;i|l i ' III I ' 216 SPEAKERS AA'D OFF [VERS OF BOTH HOl'sES. he is entitled to a superannuation allowance like all offi- cers of the civil service.' He tak'^s notes of the proct-ed- ing-s, of the rea ^esfce, of the Commons. He is " to make true entries, remembrances, and journals of the things done and passed in the House of Commons ; but it is without warrant that he should make minutes of particu- lar men's speeches." - His minutes are made up every day in a brief and convenient shape, known as the " votes and proceedings,"' which comprise a record of all the pro- ceedings, but omit many of the parliamentary forms which are given in full only in the journals, when these are extended after the close of a session. The votes are now prepared on the responsibility of the clerk" by an officer, especially selected for his knowledge and experience, and it is ordered that " they be printed, being first perused by Mr. Speaker.'' ' In recording the minutes, the clerk must always wait for the directions of the speaker.' Conse- quently the clerk cannot record any motion until it is formally proposed from the chair." In case of any mis- take or omission in the votes, it should be immediately 4 ' //;/;■((, 2-22. - 2 Hiitsell, 2()7. The old Eiii^lish journals contained short rei)orts of debates. See vol. i. ; also vol. 24, p. L'(12. ^ A committee formerly " surveyed the clerk's book," and was intrusted with a certain discretion in revisin;,' the entries. Tlie minutes were also read every day before the commoncemont of the regular business ; but such usages were soon found inconvenient. 9 E. Com. J. 640 ; Low. Can. J. (179L'), 32. ' Can. Com. J. (1S77), 12 ; 131 E. Com. J. 5. The speaker's name is also appended. The clerk also signs the copy forwarded daily to the governor- general. ^Hatsell says: " The rule is to wait for the directions of the speaker, and not to look upon the call of one member, or any number of members, as the directions of the House, unless they are conveyed to the clerk through the usual and only channel by which he can receive them." vol. ii. 271. " In August, 1873, Mr. ^Mackenzie rose and read a motion, but before it was proposed from the chair, the gentleman usher of the black rod came down with a message from the governor-general. The speaker immedi- nPFICERS OF THE IIOl'SE OF COM MOSS. 217 noticed by ;i member iu the House ; imd it may be cor- i'0(^t'Hl either })y an order of the House, or by the clerk hiras.'lf iu the shape of an erratum at the end of the votes ; ' but if the mistake is not discovered until after some time, it oug-ht propt^rly to be corrected by an order of the House ; ■ and sometimes under exceptional circum- stances only on the report of a committee appointed to investi2:ate the subject.' It is the duty of the clerk to read whatever requires to be read in the House ; but this part of his duty is now almost invariably performed by nn assistant clerk at the table. He authenticates, by his signature, all the orders of the House, for the attendance of persons, for the production of papers and records, for the appointment and meeting of committees,' and certifies all the bills which pass the House.^ He has the custody of all the journals, papers and files ; and it is " at his peril" if he suffers any of them to be taken from the table, or out of his custody, without the leave of the House." It is the duty of the clerk and clerks assistant " to complete and finish the work remaining at the close of the session." ^ He has the " direction and control over all the officers and clerks employed in the offices, subject to such orders as he may from time to time receive from Mr. Speaker or the House.""* He assists the speaker and members whenever questions arise with respect to the rules, usages and proceedini^ of ately left tlio chair aiul went up to the senate chamber, wliere the Houses were prorogued. No record consequently appears in the journals of the motion in question. Pari. Deb. 210-211. 'Can. Com. J. (1871), 173; Votes and P. (1883), 402. '^ Can. Hans. (1875), 260, remarks of Sir J. A. MacdonaUl. ■ 2 Hatsell, 20G. ' 2 Hatsell, 268. ■ Rule 45. ''2 Hatsell, 265; rule 104. The members have the right to i)eruse all pa[>ers in the possession of tlie clerk, and to obtain copies of them through him. ■ Rule 103. '^ Rule 104. (v '.. ¥M. \\ m 1 ' ■' '■ V T'f' ! M: A t CI \ I ) ' 'm , ijfl .J! 218 srEAKERS A.\D OFFICERS OF BOTH IIOVSF.S. W: nimii' tt 1 ^mS' Is 5! h| . •| m M lli W^ 1 ii 'i *''^'- |fli , ';J^, Wm Wi- VS'i'i* 1 ^■iW'i ill ill Hi: ■ 1 parliament. Ho is to placo on the speaker's table " every morning previous to the meeting of the House, the order of the proceeding's for the day," ' It is his duty to deliver to each member, at the commencement of every session, a list of all periodical statements which are required by law or by resolution of the House to be laid before it.- He is to take care that " a copy of the journal, certified by him- self, be delivered each day to his Excellency the G-ovev- nor-Greneral." ' He lays on the table returns relative to or in possession of his department.' The clerk assistant takes minutes of the proi^eedings in committee of the whole, ' and calls off the names of mem- ' Ihilo 105. -' Kule lOt). This practice has fallen into disuse. ■' Rule 01. Man. Com. .1. (ISS?,), 354 ; E.. (1885), 255, 1:55 E. Com..!, no, ?,90. ^2 lliit.>(!]l, 27;5. Until 1880 there was a second clerk assistant at the talile, but the olTu'e was ahohshed alter that date h}' droiipin^' the salary from the estimates. In the Senate, as already stated (.'■■((/jra, 205), there are three oHicers at the table. The two clerks assistant in Knirland are ai>pointed by the Crown on tlie recommendation of the speaker, I'J i\; ju Vict., c. 1, Imj). Stat. Treasury Min., Pari. Pap., ISoO, vol- 51, p. 1 ; 140 K. Hans. [?>), L'58, 447. Tiie clerk is appointed by the Crown, on the rei'oia- mendation of the prime minister, 114 E. Hans, il!), 142. In Cana. (1 878), 708-0; Il>. (1870), 35, Sir J. A. Macdonald. In England the vacancies, as they occur, are filled uj) by the speaker, the clerk, and serjeant-at-arms in their respective departments, 1 Todd, 027. Pari. I'ap. 1856, vol. 51, p. 1. 202 E. Hans. (3) o8(), 388. No authority appears for taking the privilege out of the hands of the clerk in Canada, who is directly responsible for the work of his department. In the house of OJ'TIChU.S OF THE JlOVfiE OF COM MOSS. 219 hers on a division of the TIouso, and roads the titles of all l)i]ls in lilnj^lish and French. All the oflicers at the table should be sntfioiently conversant with the two lani^ua^es, so as to translate, when necessary, into the language with which each of them is best acquainted.' The business of the House also requires the employ- ment of a large number of permanent and temporary clerks, in addition to the officers who sit at the table. One of the most responsible officers in each House is the law clerk, who drafts public bills and " revises them after their first reading." In every subsequent stage of such bills he is " responsible for their correctness, should they be amended." He must also " prepare a ' breviat ' of every publi(^. bill previous to the second reading thereof." " Per- manent clerks are also appointed to assist the committees of railways, canals, and telegraph lines, of standing orders, of private bills, of privileges, etc. It is also necessary to employ a staff of competent translators, whose duties are of a very onerous nature. The clerk may also employ, •' at > outset of the session, with the approbation of the spe , such extra writers as may be necessary, engaging representatives at Washington the clerk exercises the eame riglit as the clerli in Enfjland, with respect to appointments to his own stall". In Can- ada the system has not acted favourably to the etliciency or economy of tlie department. ' Tho legislative assend)ly of Canada passed a resolution to that effect in 1S59 (p. 323, Jour.) No rule exists in the ("ommons, but Mr. Speaker will always make inquiries on this point, when an officer is appointed to the table. Otherwise, much inconvenience might arise, if the French clerk were absent— one of the officers being invariably a French Cana- dian. - Rule 48. In 1880 it was proposed to amalg mate the law and trans- lation departments of the two houses, but after full in(iairy a committee reported against the proposition. The duties of the law officers and trans- lators are very fully set forth in memorandums attached to the report. Sen. J. (1880), 22.5-2.34 ; Com. J. App. No. 4 ; Sen. Hansard, 408 ; also Sen. J. (1882), 65, 75, report of contingent accounts committee as to duties of a new officer appointed. 220 SPEAKERS AXn OJFICERS OF BOTH HOUSES. ■i others as the public business may require." ' It is also ordered : " " Ik'tbro tilliiii,' any vat-ancy in tiio service of the House l)y tlie speukoi', iiKjiiiry ^liall be made toucluiig the necos.sity for the Continuance of sndi oliice ; and the amount of sahiry to ho at- tacheil to the .same >hal! I)e tixod by the sjioaker, suhjoct ti> the approval of the House." " No allowance >lia!l I)e ni.ide to any pei>on in the emj)loy df the House, wlio may ii.ot reside at the seat of government, i'ov travelling expenses, in coming to atfenJ his duties." ' In (^ase of any changes in the personnel of the ofHcers, who have seats on the floor, it is usual for the speaker to communicate the fact to the House when the doors are opened. It is also cttstomary to enter the appointment of a permanent ollicer in the journals, and in the case of the clerk in the old Canadian parliament that he had taken the required oaths ; but the practice with respect to the latter is variable.' Btit when an ollicer is only broui^ht in to 1111 the place of an assistant clerk temporarily absent from illness or other cause, the speaker .sometimes con- siders it exi»edient to state the fact to the House, though the clerk need not enter it in the record of the proceed- ' Rule 110. No limit was for years imposed to tiio number of extra or sessional clerks, which became excessive in some sessions — the number steadily inoreased from 1372 to 1S7S1, and exceedeil seventy in the latter year. The comnnssion of internal economy derided to make such clerks jiermanent, and to limit the number to twenty-live sessional clerics and five extra tra..slator.s, besides ^ive junior sessional clerks who had been permanent for years. See estinuites, ISSi'-;]. lSS'.i-90, and Can. IIan>. (ISSO,, 102() : speech of Sir John :^hu•donald, lOLU Also (an. Com. J., 1885, App. 1. -' liule 102. ■ Rule 10!). ' Le>?. Ass. .1.(1841). 03; Ih. (lSr)2-:J), 170, 211, :;81, 10:!4 ; /6. (lS;lish practice it is not necessarv to make a formal announce- ment of Crown otiicers like the clerk and clerks assistant. Tho ai)i)oint- ment of his successor in 1880-1 was incidentally announced, as it was thought necessary I'y the .speaker to explain the appointment of a clerk assistant. Jour. 1. OFFKEns OF THE IIOVSE OF CO.V.VOA'.S. 221 ings. In case of the unavoidable absence of the clerk from the House, he will inform the House through the speaker that he has appointed a deputy to perform his duties at the table.- Under the act providing^for the internal economy of the House the speaker may, after inquiry, suspend or remove any clerk, officer, or messenger, who has not been ap- pointed by the Crown ; but in the case of an officer, so appointed, he may suspend him and report the fact to the governor-a-eneral.' The act, however, makes no provision for the appointment of officers, clerks, or messengers, after a dissolution, and before the new parliament has met and elected a speaker. The only officer mentioned in the act is the accountant, who may be appointed by the speaker who continues in office for the purposes of the act.' Officers, ' ^Ir. Leprolion. iu 1877, in absenee of clerk assistant, M. rioht!-. -' - Hatsell, 254 ; Le<.'. Ass. .1. (1802,) 210. In tlie Enijlish Commons, it is usual lor tho house to express its sense of the exemplary manner iu whith 2 the Letiislative Assembly of Canada adjourned out of re- sjiect to the memory of the late clerk, after passin>; a resohition on tho subject. Jour. (1802), 210. .See also proceedinj,' in tlie i^fenate on retire- ment of Mr. Lemoine, who was allowed certain honorary privileges- Sen. ,1. (1883,) 278. Hans. , No. 17. ' I , k .4 U 222 sl'E. 1 KEIIS . 1 yD OFFICERS OF BO Tlf HO USES. clerks, and messougers, are to take the oath of allegiam^e on their appointment, before the clerk, who shall keep a register for the purpose.' The superannuation act ap- plies to the permanent oificers and servants of both Houses, " who, for the purposes of this act, cKall be held to be in the civil service of Canada, saving always all legal rights and privileges of either House as respects the api^oint- ment or removal of these olhcers and servants or any of them." - The serjeant-at-arms is appointed by the Crown, and remains in otlice during pleasure, or until he is super- annuated. He sits at a desk near the bar ; attends the speaker with the mace at the assembling and prorogation of parliament, at the daily opening and adjournment of the House, and on all state occasions when the House is supposed to be present ; ' serves the processes and exe- cutes the orders of the Commons ; arrests all persons who are ordered to be taken into custody ; ' confines in his cus- tody or elsewhere, all those who are committed by order of the House ; ' gives notice of all messages from the Senate ; preserves order in the galleries and other parts of 1 31 Vict., 0.17, s. 10. The clerk in 1841 took the oath before the vice-chancellor, then speaker of the council, Leg. Conn. J. (1841), 21. The act of IStJT only provided for the clerk taking the oath before the sjjeaker on the ])assage of that act. In lSSU-1, when a new clerk was appointed, no provision existed for Ids taking the necessary oatlis. The new clerk of the privy council had not the power as in the case of his predecessor — his auth'.rity l)eing conlinod to olUcers under the Civil tServico Act (sec. 2G, chap. 34, Vict. ol). Consequently the clerk of the house had to apply to Lord Lome, who administered the oaths of ollice and allegiance by virtue of his commission as governor-general (Sess. Pap. 1870, No. 14). Subsequently the g(jveriior-general authorized the clerk of the privy council to administer such oaths as formerly. - 40 \'ict. c. 8, s. 1, Dom. Stat. ' Funeral of Sir (i. E. Cartier, 1873. ^ May, 2(55 ; 15 Mirror of 1'. (1840), 720 ; Can. Com. J. (1873), 12, 70. May, 205 ; 95 E. Com. .1. 5()-5y ; Can. Com. J. (1873), 133 ; 15 Mirror of P., 722, 795. D'llo E. Com. J. 192; Leg. Ass. J. (1800), 205. A DMISSrOX OF STIiAyGER.^. the House.' He is responsible for the safe-keeping of the mace, furniture and fittings thereof, and for the conduct of the messengers and inferior servants of the Commons.- He is entitled to a fee of four dollars from all persons who &;hall have been committed to his custody.' He has the right to appoint a deputy with the sanction of the speaker who will always report such an appointment to the Hous»'.' The serjeaut-at-arms being the chief executive officer of the Commons, to whom the warrant of the pre- siding officer is directed, and by whom it is served, it is commonly against him that complaints are instituted, or actions brought for executing the orders of the assembly."' IV.— Admission of Strangers.— As the serjeant-at-arms main- tains order in the galleries and lobbies of the house, some allusion may very appropriately be made here to the orders and arranuements of the House with reference to th<' admission of strangers. The senators have a gallery dt'voted exclusively to themselves ; the speaker also gives admission to a gallery of his owu. The public in general is admitted to other galleries by tickets distributed to members by the serjeant-at-arms. Strangers are not obliged to withdraw in the Canadian Commons when a division takes place. In the session of 1870 the Commons — and the Senate, also — adopted as a standing order ihe following resolvitiuu which was first proposed by Mr. Disraeli,' in 187"), in the English House of Commons: ' E. Com. I'ap. 1847-8, vol. xvi. 4.'). ■Rulo 1(17. liiile 108. ' Can. Com. .T. (187l»), 15. Cases of Sir Francis Bnrdett (1810) ; Mr. Howard (1.S42-3); ]klr. Lines (ls."iL'i, «:ivon by May, lSl-Si>. See also Cusiunj,', p. lo4. See also action ii'-'ainst deputy Serjeant of English house, in 1882, by Mr. Bradlaugh, ruiu.<', 12th Jan., and 21st Fob., 1883; :May, 189. "Sen. S. (). 11 ; Com. S. O. (i. " 130 E. Com. J. 243 ; 224 E. Hans. (3), 1185 ; 131 E. Com. J. 70 ; 227 E. Hans. (3), 1420. t ill ! ;! • ' I : Hi 1! \ 224 SPEAKERS J-\D OFFICERS OF JiOTH HOUSES. " If, at any sitting of the Senate (oi- Honse), any momboi- (shall take iioticc that stnvngei-s ai'o present, the speaker or the chair- man (as the case may be) shall forthwith put the question, ' That strangers be ordered to withdraw,' Avithout permitting any do- bate or amendment : Provided that the speaker, or the chairman, may, whenever ho thinks proper, order the withdrawal ot sti-angers." The oth rule also orders : •' An^' stranger admitted into any part of the house or gallery, who shall misconduct himself, or shall not withdraw when stran- gers are directed to withdraw, while the House or anycommittoo of the whole House, is sitting, shall be taken into custody l)y the serjeant-at-arms; and no person so taken into custody is t) be discharged without the special order of the House." V. The Clerk of the Crown in Chancery.— The clerk of the crown in chancery is always present at the table ot the House of Commons, at the commencement of a new par- liament, and hands to the clerk the roll, or return book, which contains the list of members elected to serve in the parliament.' In conformity with law, he issues writs for elections,- makes certificates to the House, in due form, of the return of members, and p.u'forms other functions relating- to elections. ' He attends the House with election returns, and amends the same, when so ordered.' The various proclamations, summoning, proroguing-, and dissolving parliament, arc issued by command ottt of chancery.' He is also required to attend in the senate chamber at the close of a session, or whenever his Excel- lency the governor-general gives the royal assent to bills, the titles of which it is the duty of this officer ' Can. Com. .T. 18(17-8, 1874, 1879, i. ' Ih. c. 8, 8. 06, etc. ; Can. Com. J. (1882), 3-8, etc. 'Can. Com. .1. (1873 1, r,; //,. (1883), 40, 261, 202; IL (1S87), 6. 'See Can. Com. J. (1S91), and commencement of every volume >iuce 1807. THE VOTES AND JOVRNALK 225 to read iu the two lauguages.' He is appoiuted by the Crown.-' VI. The Votes and Journals.— The "Votes and Proceedings" are printed daily, and distributed in English and French to members and others. The Journals ' are prepared under the direction of the clerk, by an ofli(^or of experience, called the clerk of journals. These journals are made up from the original minutes of the clerk, and whenever they difFin* from the votes and proceedings they alone are held to be correct.^ A member may move that an entry in the journals be expunged,"' and iu this way a resolution of a former session has been ordered to be struck out." "When a motion or entry has been ordered to bo expunged, no mention of it will appear in the votes." "When any person requires the journals of the Commons as evidence in a court of law, or for any legal purpose, he may either obtain from the journal ofli(;e a copy of the entries re- quired without the signature of any officer, and swear himself that it is a true copy, or, with the permission of the House or, during the prorogation, of the speaker, he may secure the attendance of an officer to produce the printed journal, or extracts which he certifies to be true copies ; or, if necessary, the original manuscript journal book.'' It 'Sen.. I. (18815), 294. ■ Hiitsell points out (ii. 245 and ?52, n.) that " he is also an olUcer of the House of Cotninons," though appointed by the Crown and in attend- ance on the Lords on certain occasions. The Canadian journals were lirst printed in their present 8vo. form (1S52-0), 85. ' Cushing, p. 175. Terry k Knapp, 53(>; I'ari. Deb. v., 20. ••5E. Com. ,T. 197; 3;! //;. 5U(». Sen. .1. (1871), 134; Debates, 278. A motion to expunge an entry in the journals of the House nuist come up by due notice, and cannot be treatei' II ; c 226 SPEAKERS AXD OFEICEBS OF liOTII HOUSES. m is provided by the 3rd section of 31 Vict., chap. 23 (Rev. Stat, of Can., chap. 11, s. 5), that " upou auy inquiry touching- the privih^ges, immunities, and powers of the Senate and House of Commons, or of any member thereof respectively, any copy of the journals of the Senate or House of Commons, printed or purporting* to be printed, Ly order of the Senate or House of Commons shall be admitted as evidence of such journals by all courts, jus- tices, and others, without auy proof being- given that such copies were so printed." It is also ordered by the 1>2nd rule of the Commons "that this House doth con- sent that its journal may be searched by the Senate, in like manner as this House may, according to parliamentary usage, search the journal of the Senate." The daily pub- lication of the journals of the two Houses has, however, rendered this rule now almost nugatory. In former times this jDroceediug was not unfrequently resorted to.' A similar resolutioi still remains among the rules of the Senate.' In case certain documents or records belonging- to the Commons are required in an action before the courts, the House will give permission to the proper officer to attend justices iind otliers, without any proof being given that such copies were so printed. It iias been decided in Enghsh courts tliat copies of the journals are evideiue; Rex c. Gordon i Lord George), 2 Doug., 593; Slm> I^Iortiiner r. McCallan, G; Meeson and Welsby, ()7. But an entry i)i a printed copy of the journals of the E. House of Commons is not receivaltle unless it has been compared with stmie original at the House; l)ut an examined copy of an entry in the minute book kept liy tho clerk at the table of the house is receivable- Chubb ?•. yalomans, ,"> Carrington and Kirwan, 75 ; Pollock. C S. U. C, c. 32, s. 6, re-enacted by R. S. G., c (il , s. I'o, provides that whenever any book or other document is of so public a nature as to be admissible in evidence on its more production from the proper custody a copy or extract therefrom shall be admissible in evi- dence in the courts, provided it be proved that it is an exan: ined copy or extract or that it purports to l)o signed and certified as a true copy or extract by the otiicer to whose custody the original has been entrusted. ' Leg. Ass- J. (1856), 747- ■' R. 110 THE OFFICIAL REPORTS. 227 with the necessary papers, on a petition having been first presented to the House, setting forth the facts." During the prorogation, as previously stated, it is usual to obtain the permission of the speaker. VII. The Official Reports.— It is only within a recent period that the House of Commons has agreed to employ au efficient staff of official reporters. Previous to 1874 all attempts in this direction were fruitless,- though it had not been unusual to make special arrangements for the reporting of very important debates in the House and its committees.' In 1874 a select committee was appointed to report on the best means of obtaining a Canadian Han- sard ; and the result was the adoption of a scheme which was carried out in 1875.' Since then the debates have been reported by a staff" of reporters paid by the House, and published in a form similar to that of the English Hansard. The reports are, as a rule, very correct, and a decided improvement upon the partial, imperfect reports in the newspapers to wh'chthe members were previously obliged to refer. Any one who has to gather the mate- rials for a political work, or to find precedents of old par- liamentary usages and procedure in this country, must see the value of such a correct record as is afforded by the several series known in England as Hansard's Debates."' The Senate has also an official record similar to that of the House of Commons. In both Houses one of the first ' i;50 E. Com. J., 320, 337 ; Can. Com. J. (1884), 3!», 40 Sen. .1., 44. - Can. Com. J. (1807-8), 33, 48, GO, 68, 39".l. See also jo unals of 1870 and 1871. ■/{). (18G7-8), 200. The debates on confederation during 1SG-) were re- ported in full by the authority of the legislative .saeni'nly. ' //,. (1875), 55, 58, 5)0, 99, 180, 205, .727, :;42, 3^.^, Ih. "(1 ^7G), 58, G2,()5. 80, 8G, i'!'., 100, 2(il ; Ih. (1877), 22, 23, 27, 233, 245. It is always usual at the close of a session to make suggestions for the next. Jour. (1890) 429. ' See 224 E. Hans. (3) 48, &.c., for a report of an interesting discussion on the publicity now given to debates in English Commons, &c. fT rrii 1 B i f Hr, i i|j' % Mb. si ill i i i:M ' 'u tj i^ I * 1 ,1 1 w ,i' ' i; '» I' r M i! ('■4 'hit -f ^ ■ !;; : M ii! te '■:. 228 SPJ:aKERS AXD officers of both JfOUSES. proceedings at the opening" of the session is to appoint a select committee with reference to the publication of the official reports of debates.' The reporters, both French and English, are now permanent officers of the Com- mons." VIII. Library and Reading Rooms.- The Parliament of Can- ada supports at a large expense a valuable library for the use of the members of the two Houses, By an act ' passed in the session of 1871, it is provided that the direction and control of the library shall be vested iu the two speakers, assisted by a joint committee of the two Houses. This committee ' has power, from time to time, to make orders and regulations for the government of the library, and for the proper expenditure of moneys to be voted by parliament for the purchase of books, sub- ject, however, to the approval of the two Houses. The officers and servants ' consist of a general librarian, ' Sen. ,]. (18'J0), 14 ; Com. .1., 0. Tlie commons' committee on debate- recuiuniend to the House the appointment, s.alaries iind duties of the otiicial reporters, and in fact mal^e all the arrangements necessary fcr the satisfactory o]«ration of the system. Their reports, when adopted, are the rules governing the publication of the reports. Can. Tom. J. (ISSo) 21, 20, 30, 010, 019 ; //-. (1888), 57, 110, 272, 289 ; Ih. il890), 40, 429, 440. In the Senate the work is under contract. Sen J. (1S85), 205, 273, 3()5, 39V In 1887, during the electious, certain Frendi official reporters of theConi- nioiis having published language reflecting on two members of the House — one of them a minister of the Crown — the subject was brought before the sj)eaker by the committee on debates, and they were dismissed iiy liim ; but exception was taken to this course by an amendment setting forth that all ((Uestions respecting the reporting were within the exclusive jurisdiction of the House itself. The House decided by a division that the 6f>eaker acted within the scope of his powers. Can. Com. .1. (J887), 3)58; Jh. (18SS), 173, 177. Hans. 713 et I't'j. ' Com. .1. (1880), 208, 281, 349; //;. (1883), 176, 188. ' 34 Vict., c. 21 ; Rev. Stat, of Can., c. 15. ^ .\ppointed at the commencement of every session. ' All sucli oHicers and servants have now their salaries fixed by the governor-in-council according to the scale provided in the acts relating to the Civil Service. Rev. Stat, of Can. c. 15, s. 5. LIBRARY AND READLXG ROOM. 220 a parliamentary librarian/ and several clerks and mes- eugers, who are appointed by the Crown, and hold office during pleasure. Under the rules- the libra- rian must keep a proper catalogue of the works in the library and report its condition to the House at the com- mencement of every session.' No person is entitled to resort to the library during the session except the gover- nor-general, the members of the privy council, and of the two houses, and the officers of the same, and such other persons as may receive a written order of admission from the speaker of either House. Members may personally introduce strangers to the library during the daytime, but not after the hour of seven o'clock in the evening. The speakers issue cards to members allowing the use of books during the recess to persons outside — two works at a time for three weeks. During the session no books can be taken out except upon the authority of the speaker, or upon receipts given by a member of either House. During the recess access is given to all those who have tickets or eards admitting them to Lhe privileges of the library, or have ri'ceived ptiinission from the librarian. No member of either House who is not resident at the seat of govern- ment is at liberty to borrow or have in his possession at any one time more than three works, or to retain the same longer than a month. No books of reference or of special eost or value may be removed from the seat of govern- ment under anv circumstances. At the first meetina' of the joint committee the librarians will report any infrac- tion of the rules. ' Previous to 1885 tliere was one chief and one assistant librarian, but in that year the two otlicers named above were appointea unuer 4S-4C Vict., ('. 45, and have commissions under tlie great seal. The late diiei librarian, Dr. Alpheus Todd, was a well known authority o" parliamen- tary government. The library now comprises a large and valuable col- lection of books (some 140,000 volumes) in every department of literature. See librarians' reiwrt every session of parliament. - Rules Ill-US of Commons. '' Can. Com. J. (18'JO), Sess. P., No. 8. j 1^ f n 1 i' fit ll ' ll p i^ ' ! IF 1 « p- .-'I Si ■ 1 ■ %t 230 Sl'LAKi:i:S A.\D OFFICER.'^ (fF BOTH HOrSJCS. 8!' It was i'ormerly the practice for the committee on the library to act as a " Board lor the eucouragement ol" liter- ary uudertakiiigs" in Canada, and to recommend from time to time that the patronage of the legislature should be extended to various native authors. In 18G7-8 the committee reported that thereafter the executive govern- ment should themselves assume the responsibility of recommending to parliament grants of money in aid of useful and valuable publications,' The committee con- tinue, however, to recommend that aid be given to works relating to constitutional questions and parliamentary practice.- Each of the houses has also attached to it a reading- room, where are liled the leading newspapers of tln' two continents. By the ll'.'th rule : "The clerk is autliori/ed to subscribe for the ne\vsj)aiior,"< pub- lished ill the dominion, and for such other papei-s, Br'tish anil foreign, as ma}' be from time to time directed by the speaker,'" Access to these reading-rooms during the se-sion is per- mitted to persons introduced by a member.' IX. The Commissioners of Internal Economy. — Certain expenses of the legislative assembly of Canada were always regu- lated by a cjmmittee of contingencies, appointed at th^' opening of each session. On its report the salaries and other contingent expenses were provided for. ' The (Com- mittee was re-appointed in 1867-8, and made several reports, which were acted upon ; ' but during the same session, the premier (Sir John Macdonald) brought in a bill respecting the internal economy of the House oi Com- ' Can. Com. .1. (18()7-S), '.'51. - Ik (1879), 345, 414; //-. (1S83), 178; Sen. .1. 122-lL'7. In the two last cases a vote was j)ut in the estimate.^, in ai'i'ordance with the recommen- dation of the committee. Jour. (1883), 433 ; also, 3. (1890), 394. ■' TJules of admission are posted up in the reading -room of the Comiiions nn ler the authority of the .speaker. * Leg. Ass. J. (18G1), 9, G6, 138, 259, 260. " Can. Com. J. (1867-8), 5, 22, 143, 188, 195, 208. COif.'iflSSloXERS or fSTERSAL ECOSOMY. 231 m<;us, which was unanimously passed.' By this act the speakor of the House, and lour members ol" the privy counoil, who are also members of the House, are appointed commissioners to earry out the objects of the statute. The names of the four commissioners must be communicated by message from the governor to the House of Commons in the first week of each session of parliament,- — the said commissioners being appointed by the governor in coun- oil. For the piirposes of this a»^t, the person who shall iill the olfice of speaker at the time of any dissolution of parliament shall be deemed to be a speaker to carry out the provisions of the act until a speaker shall be chosen by the new parliament ; and in the event of the death, disability, or absence from Canada of the speaker, during any dissolution or prorogation of parliament, any three of the commissioners — three being always a quorum — may execute any of the purposes of this act. The .speaker is to appoint an accountant, who must give proper secu- rity. The accountant has the disbursement of all the moneys required to pay members' indemnity, salaries of clerks, olficers, and messengers, and other contingent ex- l)enses oi the House. His account, duly audited, is laid before the House soon aft r the commencement of the session.' The clerk and serjeant-at-arms shall mnke esti- mates of the sums required for the service of the House. These estimates shall be submitted to the speaker for his approval, who will prepare and sign an estimate for the necessary expenditures, and transmit the same to the minister of iinance for his approval. The comm.issioners of internal economy now regulate with the speaker all salaries and expenses — in fact, assist the speaker as an ' ( an. ( om. J. (l.S()7-8), 30.3, 4;;o ; Rev. Stat, of ( an. c li;, as. 10-l(i. See Imp. Stat. 52 Cieo. Ill, c. 11 ; f) it 10 Vict., o. 77 ; 12 ^i- V.\ Vi.-t., c 72 ; 1 Todd, 0l>3. Tlie Canadian Act is based on these imperial statutes. 'Can. Cora. J. (18G9), 20; /6. (1871), 17; 76.(1874), 8; //;. (1875), 65 ; ///. (1870), 05; 1877), omitted ; H>. (1878), .39; i6. (1879), 17, &c. •' Can. Com. J. (1877), 18 ; lb. (1S79), 8, &.c. ii »• 232 SI'J'JAKEns ASD OFFICERS OF BOTH IIOl'SES. advisory or consultiug hoiird with ri'spoct to tho staff of the Honae. By an act ' passed in tho session of 1878. more strinirent provision was made for the auditing- of the aoeoiints of the publir departments, and for the reportini^ thereon to the House of Commons by an fiudi- tor-general, but as this act did not api)ear to include the two Houses of Parliament,- the committee of publico ac- counts rei'ommended the adoption by the House of certain resolutions declaring' it advisable to have the accounts of the two Houses, as well as of the library, audited in due form. ' The Houses subsequently agreed to have all their accounts fully audited — the printing and library accounts being included in the resolutions on the subject.' ' 41 Vict , c. 7, Rev. Stat, of Can. c '-".», s-. 21 d f"j. t^ee chapter xvii. on supjdy, 8. 15. - Auditor (TpiieraT.'^ Rop. 18^0, Sess. 1*., Xo. T), i)p. xv, xvi. 'Com. .Tour. (ISSO), 11!). ' Sen. .1. (1880), fi()-7 ; Com. .T. iL'-'i-fi. Auditor General's Rep. for 1881 and subseipient years. All aci'onnts are now .sulMuitted every month to the audilor-^ienoral, cvrtilied by the proper oilicer.s, and a strict super- vision ('onsei]uont'y exercised over all expenditures of the Houses. 3; i\ ¥ CHAPTER IV. VniVILKfnis AND I'OWKRS OF I'ARLIAMKXT. 1, (hum of I'rivileyi'S at oomiuenoeiuent of u now I'iirliaiiient. — II. Statutes on Trivilei^os of the Caniuliaii rarliaiueut. — III. Extent of Privileires. — IV. I'ersnnal Privilei:es of Mombers,— V. Fivpiloni of .^^peecli. — VI. Lilu'lloiis Kellections on Mombor.s colloctivcly or sever- ally — VII. rroceedin^i.s of Solei,"t("oinniittee.s. — VIII. A.saanltini;, iin«nac'- ing, or cliallengin>; of Members. — IX. Disobedienre to ()nlers of the IIouso, \-c. — X. Attempt to l)rlb(» Membors. — XI. rrivilej^oil Persons not Members. — XII. I'nnislmient of a Contempt of Privileizes. — XIII. Power of Commitment. — XIV. Duration of Power of Commitment. XV. Procedure in ease of a breacii of Privilege. — XVI. Snsi)en6ion and Expnlsion of Members. — XVII. Power to Summon and Examine Wit- nesses — Procedure in such oases. — XVIII. Privile|je.s of Provincial Letrislature.s. I. Claim of Privileges at commencement of a new Parliament. — At the oommeucement of every now parliament the speaker will, immediately after his election by the House of Commons, on presenting himself before the governor- general in the Senate chamber, proceed to claim on be- half of the Commons : •'All their undoubted I'ights and ])riviloge.>*, e.specially that they may have freedom of speech in their debates, access to his Excellency's poi'son at all seasonable times, and that their pro- ceedings may receive from his Excellency the most favourable in- terpretation." ' ' Can. Com. J. (1807-8), 3 ; 1873, 1874, 1879, 1883, 1887, 1891. This for- mula has varied a little since 1792 [Low. Can. .1. (179-'), 10 ; Upp. Can. J. 5 ; Leg. Ass. J. (1841), 3.] See, however, on this point : *' Are Legis- latures Parliaments? " By F. Taylor (H5-8), who points out what he considers material differences in tlie formula. In the English Parlia- ment it is still usual to demand freedom from arrest of their persons and \ \ ' ;f 1 ;4i' iMi II •234 ro]Vi:Rs ASD vrivu.eges. n. '11 If a spt'aker should bf elcoti'd during; a parliaiueut. ii will not Ijo necessary that he , hould renew the claim I'or privileijes, as these, having been demanded at the begin- ning ol" a parliament, continue in I'orce during its legal existeuee.' II. Statutes on Privileges of the Canadian Parliament.— The ISth section of the l^ritish North America Act, 18()7, pro- vides : '■ The privllegos, immunities, unil powers to Ito lield. oiijoyi' !. anil oxcM'cisfd l>y the Senate, anil hy tlio House of Commons, nn'l by the members thereol" ic>pectivcly, shall be sui-h a^^ are tivnu time to tiuK- detiiuMl by act ol'the I'ai'liatnont of Canuila, but m) that the suiue shall never oxceoii tlio^c at the pa^iri'j of t/iis dct held, enjoyoii, ami exereist'.l by the ('omrnons House of I'avliu- meni of the I'nitcd kinu'dom of Great Britain and Ireland, and by the members thereot." iSome years later doabts having arisen as to powers en- joyed tinder the foregoing section by the parliament of Canada,- an imperial statute repealed the section and substituted the following : '■ The privileges, imnuiaities, and po'^crs t«» be held, enjoyed, and exercised by the Senate and House of Commons, and by the nictnbei's tli^reof res|-'etively. shall be such as are from time to time (letined by act of tlu' jiarliament of Canada, but so tliat any act ot the parliament of Canada detining such |trivllei;e>. i'u- niuiiitie^. and powers, shall not confer any privib'ges, immunities, or powers exceeding tho.>eal the /i((6S)H'j "f su'hii('t, lield, enjoyed, and exei'ci>ed by the Commons ILtuse of Parliament of the servants; E. Cim. .1. fur IS,")!*, lS(i!», ami 1871. May, (IK; iii>ti\ explain.'* that the claim i'nr servants was still retained, wlien the tinestiuu was considered in Ks.");), a-^ it was tl.'nl)tlul wlietht^r certain privde'^'es miiriit not attaih to the servants of members, in attendance at the Hiiu.se. The otlicers and servants nf the Hon.se are still iiriviie;;eil within hs pre- cincts. J IlalscU, "J-'o ; 108 E. ( em. .1. 7. ' See lufrn, li78 ; '2 Hatsell, l.':i7. ' See chapter xvi. on select committees (s. U on witmwjses) where the (liniculty, rend»'ringnew legit 'ation necessary, is explained at lenj;th. K.\T!:.\T OF riUVILKGES. 235 Uiiitctl Kiuiidoiii of Gi-cat Hritiiin and Irehinil. and by the ineni- bei's thcreot'.' ' On tln> assoinliliiig of the first parliamout of the Doni- inioii in iSiJT-s, au art was passed " to deliue the privi- lepes, immuuities, and powers of the Senate and Houst' of Commons, and to liive summary protection to persons .■mj)loyed i)i the imblication of parliamentary pap»'rs." U'.ider this act the two Houses respectively and their members shall i'xercise the like privileues as, at the time (d' the passings of the British North America Act, 18t]7, were enjoyed hy the Commons House of (Ireat 15ritain, so far as the «ame are consistent with the said act. These Iirivileg-es are deemed part of the li(! law of Canada, and it is not necessary to plead the same, but they shall be noticed judicially in the courts Any copy ol the journals i)rinted by order of the two Houses, liall be admitted as suiht ient evidence in any inquiry as to the privileti'es of i)arliament. Provision is also made for protection to persons publishing- parliamentary pap.'rs and reports.- III. Extent of Privileges. It is <|uite obvious that a legis- lativti assembly would be entirely unable to discharge its functions with I'ltici.ncy unless it aad the *• privilege " or in other words, the '•discretionary authority" to punish otlenders, to impose disciplinary regulations upon its members, to enfon-e obi^dience to its commands, and to l>revent any interference with its deliberations and pro- ceedings.' In the early times of i>arliamentary govern- ' ;iS-3!i Vict. f. ;>S, Imp. .^tat., v'iven in full :it end f>f tliis vnl., and al.so in I'oniinion i>^tatiit«'.s fur ISTli. ■31 Vict. c. L':;, lioni. !icey, The Law aud the < <»n8titu- tion." (3rd. e«l.), ;;."d. I I , -IS! 1,1 ^[t '■^ ■iiti.'l 1 f \ 1 P I IN- N' W^- 1 t i < A 11 iji 23G J'(n\'ERS AM) PRIVILEGES. M * meut in England, the extent of the privileges of parlia- ment was vaguely defined, but now^ all privileges essen- tial to (Miable each branch of the legislature to perform its appropriate constitutional functions, are at lenuth as well recognized and established and as accurately defined, partly by iTsage, partly by law, and partly by the admission of co-ordinato authorities, as are any of the rules and principles of the common law.' Both Houses now declare what cases, by the law and custom of parlia- ment, are breaches ol' privilege, and punish the olfenders by censur*' or commitment, in the same manner as courts of justice punish for contempt.- Whatever parliament has constantly declared to be a privilege is the sole evi- dence of its being part of the ancient law of parliament. At the same time it has been clearly laid down by the highest authorities that, although either House may ex- pound the law of parliament, and vindicate its own pri- vileges, it is agreed that no new i)rivilege can be created.' A breach of privilege committed in one parliament may be considered and dealt with in another parliament.' So either House may punish in one session offences that have been committed in another." On the whole, " it seems now to be rlearly settled that the courts will not be deterred from upholding private rights by the fai.'t that questions of parliamentary privi- lege are involved in their maintenance ; and that, except as regards the internal regulation of its proceedings by the House. <'ourts of law will not hesitate to inijuire into 'Cu-shin^', p. L'lT. -.May, 7:'.; S (inn's 1>, 232. ' May, 72. 14 K." Vom. .1. 55."». 500. '37 i'arl. HLst. I'lS. 1 Hatsell, 184. 1 K. Com. .T. !»2.V. 2 P>. ti3 ; 1.3 Ih. 7'.]'). May, U)\). •'May, ll'i. Kesolutit)ii of 4tli and 14tl» April, 1707; 17) E. Coin. .1. 376, 38ii. 21 Lord's .1.1 Si». 22 E. Com. .F, 210. 24!» E. Hana. (3), 9S!). (.an. Com. .). (1S80, Ist «es8.), 24, oS-!'. Cahe of .1. A. Macdonell for using ntlen- sive oxpressious in a previous destjiou against Mr. Iliintingtua. PERSOSAL PRIVILEGES OF MEMBERS. 23t alleged privilege, as they would into local custom, aud determine its exteut aud applicati«)ii." ' With these general remarks on the privileges of parlia- ment, we may now proceed to give the following sum- mary of their character and extent, as we gather them ifom the English authorities, whi("h are our only correci; guide on such a subject. IV. Personal Privileges of Members.— Members are protected in their attendance on parliament, and guaranteed against all restraint and intimidation in the discharge of th«ur duties, and it is a general principle of English parlia- mentary law that "at tht? moment of the execution of the indenture (or return) the existeiK' of tht» member, as a member of parliament, commence^ lo all intents and pur- poses." -' This privilege continues m full force, whether a member is absent with or without leave of the assembly, and only ceases when the member resigns, accepts an olhce of emolument, or is expelled. '■ The privilege has been always held to protect members from arre-t and imprison- ment under civil process, w^hether the suit be at the action uf an iiulividual or of the public ; ' but "it is not < laim- able for any indictable offence." ' This privilege of free- ' Anson, La'.v ami Cnstoui of tlio C'unstitiition, i. 105. !?eo Bradluugh v. r„.88ett, 12 g. B. 1». 281. 1 Hiitsell, KUi; 2 Ih. lb, note. Coke says: " Every man is rililiired at his [)eril lo take notice, who are members of oitiier House, rf-turneil of record." l'"oiirth lust. 24- See.al.so ForUuiiii r. Lord Kuiieby, Taunt Kep. iv. (ItiS. Cusliin^r, p. 22t'>. 'Lord Urou^'liam, Wollesley's case, Kiissoil . Uarnardo >. Mordannt, 1 Lord Ken, 125; 1 iKvarris, lOl. I'itt's case, 1 ."^traniic, '.'.S"). K. J >. Cases, tempore ilardwicke, 2S. In ca.se of Mr. Fortocue Harrison, ISSO, Vice-Chancellor Hall held that the j)rivilei.'o extended to forty days after a i)roroj:ation or di.swilntion. TVm..-', Irtth April, ISSu; May, Hid. An act of the Ontario le^'i.slatnre inntinne.s it for twenty days hefon* and after, Rev. .Stat., c''..;ip. 11, «. 48, siiK-h- 11. In the case of the Ciueen r. tiamble tS: Boultoa (!) U. ('., Q. B. r>4G), it was held, that a nii-niber of the provincial parliament wu« i)rivile^'od froin arrest in civil cases, and that tiie period for whicli tlwft })rivilei_'e lasted was the same a.s in Kniriand. The iudire, in deliverin^r the opinion of the lourt, said : " .\nd while, apart from our own statutes and judicial decisions, I see iiothiuir in the tlocisions in li'iinmont ■ . lianrtt et uas upon mombors.' Though members ciiuuot be compelled to attend as jurors,- yet the House may g^ive leave of absence to members to attend elsewhere as wit- nesses, when it is shown that the pul)lir interests will not consequently suli'er.' The exemption has been held good in the case of an adjournment,' The English Juries A(*t. 1^70. exempts peers and members of parliament from serving as jur')rs without refereme to the sitting of the Houses. ' V. Freedomof Speech.— Among' the most important prvi- leg.'S of a legislature is the enjoyment of the most perfect freedom of speech — a privilege long recognized and con- firmed as part of the law of the land in Great Britain and all her dependencies." Consef|uently, this privilege secures to every member an immunity from prosecutions for any- thing said or done by him, as a representative, in the exercise of the functions of his olHce, whether it be in the House itself or in one of its committees.' But if a member should proceed himself to publish his speech, his printed statement will be regarded as a separate publica- tion unconnected with any proceedings in parliament ; l)ut a fair and faithful report of the whole debate will not be actionable.' ' ;> Ldnls' .1. (ilUi; i» K. Com. J. 3:?!i ; 1 liiit-oll, <.Hi, Ki'.i, ITo- ' 14 E. HiUiH. (N,S.), 5(10, (142; 81 E. Coin. J. 8L', S7. " No nieml.er shall be witlulrivwn i'rt)iii iiis attentlaiifo on his tluty on [)arlianiont tu atteuJ on any otiior rourt." Kop. of'connnitt^t^ of I'livile^os, is^ti. 71 E. Com J. 110; S-J fh. 3()(>, ;;"!», E. Hans- I)., Ist -Maivli, lS44,Earl of I'evon. ' Jl E. Hans. ( N .S. ), 1 770. ^ May, l.-> 1 . ' "I'lio fnHHloni of siwoi'h and debates and proceed ln;j:s in parliament ouirlit not to be iinpoached or (piestionod, in any court or place out of j)arlianient, Dth article, Bill of l{ii;hts." See May, cliap. iv. ; '_' E. Com, J. L'O:; : !) //'. LT); 12 Lords' .F, Itifi; ll>. L'L'.^. Cases of Sir .lohn Eliot, Denzil ilollis, and Henjanun Valentino, ') Charles I.; 1 llallam (oust. Hist., ;^71 ; L' II'. 1(». ■ Cnshinjr, p. IM:!. ■-May, 1L'*>. The lord chief justice, in case of \Va.son r. Walter, 21st i. j ^1 I f\ 1 m 1 1 .'[ ' 1: : 240 POWERS AM> Pnn'ILECES. VI. Libellous reflections on me >>'"rs collectively or severally.— Any scandalous and libellous rrueotions on the proceed- ings of the House is a high breach of the privilenes of parliament.' So, libels or reflections upon members indi- vidually have also been considered as breaches of privilege which may be censured or punished by the House ; but it is distinctly laid down by all the authorities : •'To constitute a broach of pi-ivileo^o sucli libcl.s must c<)ii(.ei']i the cliaraetor or conduct of members in that capacity. Aspci- i^ioiis upon the eon(hici: of mcmber.s as maifistratcs, or officers in the army or navy, or as counsel, or employers of labour, ov in private life, are within the coon the character of anothoi- person, and omits To jinlilish the rest f>f the dehato, the publication would not he fair, and so would not be privilot,'ed." See also 1 Esp. N. P. C. 228 ; 1 M. and S. 278. ' lies, of 21st :\Iay, 17<)n; 4.3 E. Com. .1. 508. See 29 Lord.s' J. 1(3; l.j I'arl. Hist. 770 ; ()(» iO. Com. .1. n:V, ()•") //-• 252. Case of Mr. O'Comiell, 93 K. Com, .T. ;507, :U2, old, 41 E. Hans. (3), 9i», 207, or .Mirror of P. (18.38), vol. i;, pp. 2157, 2219, 22(j:}. -' May, 100, Cushinjr, p. 252. Eor recent English cases of libels on mem- bers individually and collectively, see: Carlhli Exdmiiur, relleetin;_' on chairman of a committee, 150 K. Hans. (3), 1022, 1060, 1198, 1313, LSls, 1404; P^lll Mall GVcr/^t, rellectinti on Irish members, 215 E. IIan.s. 53('>- 542; Mr. Lopes, member for Frome, retlectinj? on Irish members, (former precedents are here cited,) 222 E. Hans. (3), 313-335 ; Mr. Evelyn Ashley, member for Poole, attackinj^ Dr. Keneuly. Mr. Disraeli and others pointed out that the words complained of were not spoken in the House, and that Dr. K. was not at the time a member, and consequently could not raise a (iuestion of privilege. 222 E. Hans. (:»), 1185-1204. ^ But many cases will be found in the old legislative records of Canada : Isaac Todd and E. Edwards, Lower Can. J. (1805), GO, 04, 98, 118, 120, loG; Mr. Cary, of Quebec Merawi/, lb, 82, 88,94; Ariel Bowman and E. V. pnocEEDiyos of select commit tees. 241 In 1873 ^[r. Elie Tassd, one of the translators in the service of the House, was brought to the bar, and examined as to his con- nection with an article in the Courrier d'Ouatouais, reflectineaker was privatel}' directed to the matter, and he acted immediately after making the necessary inquiry through the clerk of the House- Can. Hans. (1878), 2369. '21st April, 1837, E. Com. J. ^ Times and Dmbj Niwk, 1875, for publishing proceedings before select committee on foreign loans. Mr. Disraeli and others took the ground tliat, though a breach of privilege had been committed, yet it was inad- visable to act rigidly in the matter, since the printers appeared to have acted only in the discharge of their duties in printing the proceedings of a committee which were open to the public. The order for the attendance of the printers was subseiiuently discharged. 223 E. Hans. (3), 787, 790, 793, 794, 795, 810, 1114, 1130, 1224. 16 ' 1 I'l '' i 4\ ill! 242 rOWEllS A.\D riilVJLEf.'ES. ' i in that way prevent the hasty publication of its x>ropeocl- ings until they are i'ormally reported to the House.' VIII. The assaulting, threatening or challenging of Members.— The assaulting*, mena(nng, or insulting of any member in his coming to or going from the House, or upon account of his behaviour in parliament, is a high infringement of the privileges of the House — in the words of the English resolution "a most outrageous and dangerous violation of the rights of parliament and a high crime and mis- demeanour." - It has also been resolved that " to endeavour to compel members by force to declare themselves in favour of or against any proposition then depending or expected to be brought before the House," is a breach of privilege which should be severely punished.' The terms of these resolutions are intended to prevent any outside interference whatever with meml)ers in the discharge of their duties.' They include cliallenges to members.'' ' In the Enjrlish order julopteil in December, 18S2, for the ai)i)ointnK'nt of two standing coniinittees, It is [jrovidod that " slninjrors sliuU l)e a(huit- ted, except when the connnitteo siiall order them to withdraw." S.O. xxii. -Ke.s. of April llitii, 17;!3; 'Jl' K. Com. .1. llf>; ;JS Ih. 535, .".r.T; 7!) II,. 48;). Mr. Ure, u Canadian reporter, was reprimanded in iSoO liy tlie speaker, for usinjj; rude and ollensive lant?ua^»< to Mr. Cliristie, i)p. 1(J(>, lti4, Leir. Ass. .T. In 1879 Mr. .1. A. Macdonell insulted Mr. lluntiuu'ton, and attention havinir lieen called to the facts in tliM House, he wa-! ordered to attend at the bar, hut in coiisoqnence of the lateness of the session tiie order could not be served. Can. Com. J. 4:.';], 4;56 ; Hans. l!t^>(l-2; 2044. The House, however, in the followin<,' session, dealt with the matter. Can. Hans. 0880), 44, 182; .lour. 24, .jS-'J. ■' Res. of .June 1st, 1780 ; 37 E. Cora. J. «J02. * 2i:>. E. Hans. (15), 543, .500. In this case a letter was written by a jmblic otiicial callinir on a member to remain in the House on tiie third readuigof a particular bill ; but it was shown that, though the letter was most objectionable, it did not really refer to members, but to persons out- side, and consecjuently no further action was taken afteraletter in ajMjlogy had been road from the jjerson whose conduct was arraigned. •^ 38 E. Com. J. 535, 537 ; 74 E. Hans. (3), 280. Can. l.»3g. Ass. J. (1S54.5), 351,352,353. DISOBEDIENCE TO ORDERS. 243 IX. Disobedience to Orders of House. — The House has also frequently decided that the follow ing matters fall withiu the category of breaches of privileges : 1. Disobedieuce to, or evasion of, any of the orders or rules which are made for the convenience or efficiency of th(» proceedings of the House.' 2. Tampering with a witness in regard to the evidence to be given by him before the House or any committee of the House. - ?,. Assault or interference with ollicer^s of the House, while in execution of their duty. ' 4. All attempts to inlluence the decision of a committee on i bill or other matter before it for consideration.' X. Attempts to bribe Members. — It is one of the standing orders of the House of Commons of Canada as well as of England : •'That the otVor of any money or otlior advant:i<^o to any mem- ber of this llouso foi' the pi'omotini; of any mailer wlialsoovor, (lependinj^ or to be tratisaetod in ])ai'liament, is a hi. (3), 07. ■ 19 E. Com. .1. ;U)(), 370 ; 20 Ih. 185. Low. Can. .T. (1S23-4), 113-4. ' Inl879 31r. C. E. Grissell and JNIr. J. Sandilands Ward were ordered to attend at the bar for attempting to inlluence the decision of the com- mittee on the Tower iiigh level bridge (Metropolis) bill in the interest of certain j)arties from whom they expected to receive some i)ecuniary advantages fur tlu-ir services. Mr. Ward was ordered into custody and 8ul)se(iuently released ; Mr. Cirissell evaded the order, but was afterwards arrested and imprisoned in Newgate. See 135 E. Com. .1. 70, 73, 77. E. Hans. vols. 247, 248, 249 for 1879. ' Eng. lies, of 2nd May, 1095. The English Commons have always severely punished members for receiving bribes ; 9 E. Com. J. 24; 11 Ih. 274 ; 5 Pari. Hist. 886-91 1, cases of Sir .lohn Trevor, speaker) and others. In 1873 a Mr. John lieney wa- brought to the bar of the Canadian House 5 ' i ■ 1 iij| ■ 1 ; R f ■ * •> . < ■ .1 '!rt 244 POWERS A.\D PRIVILEflES. W'. XI. Privileged Persons not Members — IJoth II(mses will always extend their proteetiou and privilege to all persons who are in attendance in obedience to the orders of the House, or arc engaged in business before the House or some of its committees.' In many cases the House has given orders that such persons having bt-cn arrested by protess from the courts of law, should b»! delivered out of cus- tody." Precedents are found for the granting of this pro- tection to persons attending to prefer or prosecute a private bill or other business in parliament ; ' or to the solicitor of a party : ' or to prosecute a petition ; ' or to claim a seat as a member ;" or attending as a witness before the House or a committee ; " witnesses as well as counsel have been protected from actions of law for what they may have stated before committees.'^ It is also provided in the statute defining the privileges of the two Houses of the Canadian parliament that, in « ase a person is prosecuted for publishing any parliamentary report or paper, either by himself or by his servant, \ •• ceedings «'an be stayed by his laying before the couri a certificate from the si>eaker or clerk of either House, as the tase may be, stating that such report or paper was pub- lished under the authority of parliament. It is also enacted that the defendant may, in a civil or criminal proceeding lor printing an I'xtract from a parliamentary on afliarj.'e of oll'ering Mr. CnnniuKliaui, of ^Iiinniotte, a ^^UIU of niom^y for his voto; but no procoedinga were taken, as parliainunt was suddenly prorogued. Can. Con). .1. 1873, L'nd sess-, lo4-".i. ' 1 Ux. P. 380; 1 Hatsell,9,ll, 172; 1 E. Com. J. 505; 2 H>. 107; '.» lb. ()2 ; 13 //'.r,L>l ; IS [I,. 371 ; I'l Ih. 247 ; 74 Ih. 223. 4 Lords' J. 143-4. - 4S E. Com. J. 42(i. ' 1 E. Com. J. 702, 863, it21, !»24 ; 20 lb. 797 ; 27 lb. 447, 537. 88 Lords J. 180; 92 7/-. 75, 7ti. M» E. Cora. .1.472; 24 lb. 170. ' 2 E. Com. J. 72. " 39 Ik S3 ; 48 lb. 426. ' 1 E. Com. .1. 80 3 ; 8 //-. 525; 9 lb. 20, 360, 472; 12 lb. 304, 610. •* 11 E. Com. .[. 591, 613; 100 lb. 672, 680, 697; 81 E. Hans. (3), 1436; 82 lb. (3), 431, 494. 'A CONTEMPT AM) COMMITMEST. 245 paper or report, give in evidence, under the general issue or denial, such report, and show that the extract was published bona Ji tie, and without malice ; and ii' such shall be the opinion of the jury, a verdict of n(»i guilty may be entered for the defendant.' XII. Punishment of a Contempt of the Privileges of Parliament.— A contempt of the privileges of the Hou will be pnn- ishod according to its character. In some cases the House will not deem it necessary to proceed beyond an admoni- tion or a reprimand, but occas'ons may arise hereafter, as ill the past, when it will be found necessary to resort to the extreme measure of imprisonment." XIII. Powei if Commitment.— By the decisions of the Eng- lish courts oi law, it is clearly established that the power of commitment for contempt is incident to every court of justi»!e, and more especially it belongs to the high court of parliament : ' — that it is incompetent for other ( ourts to question the privileges of the Houses of Parliament on a commitment for an oifence which they have adjudged to be a contempt of those privileges ; — that they cannot inquire into the form of the commitment, even sup- posing it to be open to objection on the ground of infor- mality ; ' — that when the Houses adjudge anything to be a contempt or a breach of privilege, "their adjudication ' Supra, 235. These provisions are sui)stantially those of ."> & 4 Vict., c. !•. Imp Stat., rendered necessary by tiie famous case of kStockdale >:<. Han- sard, out of which a conllict arose l)et\voen llie courts and parliament as t'l the privilej^es of the hitter. This act, say.s May, " renu)ved onei^round fi 1 .lisputinir the autiiority of parliament, hut has left tlio}:enorali|ue.stion of pris ilef^e and jurisdiction in the same uncertain state as before." See chap. ;e. ■ For latest case of imprisonment in Newgate, 245* V.. Hans (:'.). !'8!>. ' Ellenl)orough, C J., Burdett r. Abbott, 14 East 1. Can. Sup. Court R., vol. ii., 177. ' LordC. J. Abbott, n Hobiiuuse, 2 Ciiit. R. 207. '240 rowFns j.vp ruivii.FMEs. I* i is a conviction, and their conviction, in consequence, an execution." ' Sir Erskine May, havini? cited the various authorities on this point, hiys down the Ibllowinn- broad principle : " Tlio power of corutnitinont. with all the .iiithority wliicli can lie ;^ivt'n liy law, beiiis; establislioil, it bccomos tho koystouo of pailiamcntaiy privilc^o and coiitom))t; and if tiio warrant rocito that the person to bo arrostod has beon i^uilty of a breach of privileiie, the courts of law cannot in(|uiro into the li^rontids of the jii(l<;ini'nt, but must leave liini t(» sutler the punishment awarded by the Common* House of I'arliamont by wliich he standi com- mitted." - Very many cases are recorded in the journals of th(> legislatures of Canada, previous to 18(j7. of the exercise by those legislatures of the extreme power of commitment for breaches of privilege. ' Though doubts have always been entertained as to the ])owers of those legislatures in this particular, they never liiilcd, when the occasion arose, to assert what they believed to be privileges incident to a legislative assouibly. No cases have occurred since 1807, of commitment by the dominion parliament for contempt. The privileges, however, of the dominion Houses are ex- pressly provided for in the act of union, and it is always ' DeGiey, C.J., in Urass Crosby's case, l!> Ilowell, St. Tr. ll:;7 ; 3 Wil.s. iss, LHi:;. - May, 82. It has even l)een decided tlial a i)er.son so committed can- not be adndtted to hail. 1 Wils. 200, Wri^'ht,.!., in Jlnrray's case. ' Low. Can. .1. (lS17i, 4()2, 47(5, 48(1, ri02. Mr. Monk, for contempt. ll>. (183;i), 528, ]Mr. Taylor, member, committed lor attack on !si)eaUer I'aj)!- neau, in Quebec Mircnrij. Ih. (1835), 24, 29, 30, SO, .Mr. Jessopp, Collector of Customs, for not presentin;.,' certain returns on order of the liou.se. Lc^:. Ass. J. (1S4()), 110, loO, 15(i-7, AV. Horton and T. D. Warren, for not return- ing acommission issued by House. Ih. (1841)), 148, 282, 2!t2, John jMiller, returninjj; oHicer, for evading summons of House, St^e index of journals of 1854-5, under head of Lettislative As.sembly, for cases of returning ollicers comnntted togaol for mi>'conduct at certain elections. Also l^eg. Ass. J. (18.58), 439, 440, 441, 444, 446, 488, 5(i5. 940, 945, returtnng oHicers guilty of frauds. Lep. Ass. .1. (IMitl), 257, 2ti:!, Mr. Lajoie assaulting Mr. Dorion. A motion to commit him was voted down. ■ ■ mm DrUATIOy OF VOWEU OF (OMMri'MFSr. 2^7 possible for thorn to vimlicate tlu'ir risrhts in thf most amplo muiiucr. XIV. Duration of Power of Commitment.— All por-sons who may Ih* in tho tiistody of tho sorjeant-at-arms, or confiiK'd ill i^aol uikUm' tlm orders of'tho House, must l)e released us soon as parliament has beon duly proroii;u<'d. Though the party should deserve the st^vcrest penalties, yet " his olfenre beinu' committed the day bt'lorc the prorogation, it' the House ordered his imprisonment but lor a wt'ek, every eourt would be bound to di8«har«;e him by hnbens " I COI'/IHS. XV. Procedure in case of a Breach of Privilege.— The Hr jiidj^imMit in Stm-kihilo rji. Hansard, IS;]'.), (■_'S3), p. 14:.', sliortliand writers' notes. 15nt a jjerson, notHiillicientiy pnn- isiied one .-^eiT'eion, may he a^ain (•(jininiited in the next until tiie Honi^e is .«.itislio(i. LM!) ]<;. Hans. (:'.), !)S!». • A person must bo tirst examined to see whether ho lias been jiuilty of conttnipt l)e tore ordering; him into custotly. 14() E. Hans. (3), 101-2; 1.'47 Ih. 1875. ■ t;4 E. Com. .1. 2i;? ; S2 Ih. ;51>5, 3li9 ; 1 13 Il>. 181) ; H'W Ih. 181 . 213 E. Hana (.•'.), lr)4:5 ; 248 ///. !»71. 11(10; May, 107. (an. Com. .1. (1873), 133; Jh. 11870), 423 ; Ih. 1887), 121. Or in very a<:i;ravattHl cases ho has been im- mediately ordered into the custody of the serjeant-at-arms. Can. Com. L (1873, 2nd. sess.), 135, 130. But it is inoio rejrular to examine him and lind wlietlier he is jiuilty of an oU'ence before takinjj; him into custody 140 E. Hans. (3), 103-4. ' It the Serjeant report that the jKirson cannot be found, the siwaker will bo instructed to issue his wiurant, Can. Com. J. (1873), 133. The serjeant ■11 'i ! 4 !|-! m li- ! : ;!,; iiiiii ifV'iM 4t mi I' t|.i ml Hi. 1 ■ 'i m \ -t 248 POWERS AND PlilVIl.KCiES. olieiire of whic li he is aciused. Thou h».' will !)»' directfd to withdraw, aiul the House will consider whether he has excused himself or whether he is guilty of the oHfiice, It the House come to the latter conclusion, he will he de- clared s^uilty of a breach of the privileges of the House, and orden'd into custody.' Or if it be shown that he is innocent he will be dis«'harged from further attendance. ' The J .'(Used may be hi'ard by counsel if the House think fit tc grant his prayer.' An otiender may be discharged at any time upon causing a petition, expressing proper contrition for his olfence, to be presented.' Sometimes the House may deem it most expedient to rei'er a com- plaint to a select committee, and to stop all proceedings until it make a report.' H' the examination of a person before the House cannot be terminated at one sittinu", he or ills ile|iuty will Merve the ortlo*" ou tlio |ier«>oii w Ikwo attenilaiu'it it re- <|uirHi1, illie 1h> witliiii rt'tu'li ; otlierwisc, it may !•»» .sent liy |»<)st to tliC n'Hiileiicc (if tlu' individnal ; ca-se of ."M r. Mactioiu'il, Can. .Imir. ( 1S7!») i:'.'i. Aisi Miirm of 1". (1S4(»), "L'O, case of Mr. Howanl, If it 1h» foiiiui he \h wilfully t'vailiiii: tlit* onlcrof the lloiiso, lie will he .sent for in "' ; May, ISil, UU K. Hans. (:'.), '•>«. Case of Mr. Gris.sell in 1870,248 K. Ilnns. (:;>, ll«i3. ' 11:5 i:. Com. .1. liL'. l.->(» K. Hana. (3), KXIil-lOU'.). ■ll:; K. Com. J. l!i;'.. •' Le^'. Ash. .1. 11851.'-:;), L'l«, :UU, Wlo. Ih. {\^:A-^^\ i\\\h (*:}'.». No reioril of coiinHers remarks apiKnu.s in the journals. Ijt»ji. A.'is. .1. (lvS54-r>), (>77, Ac. ; ('an. Com. .1. (1SS7), 1S7. ' Le^'. A;;8. .1. (lSo8), 488, !»4.j. 11:'. K. Com. .1. -'01'-:'.. -'48 K. Hans. i:5), I53»i, UW'l. W'l K. K\SIOS AXD EXITLSIOX OF Mr.\fni:Rs. 240 will bo ordorod to attend at a lutiiro time, or he will l)e eoiitiiiucd in the custody of the scrjoant-at-arnis. ' Whon the oir«'n(v is containt'd in a nowspaper, tlio lat- ter must be brouirht up and read at the table, and thi-n tht? member complaiuiny- must conclude with a motion iounded (m the allegation that he has brought forward.' "When u member has reason to complain of a speech made bv another nuMuber outside the house, he must brinii' up tht* paper, but he should previously, as a nuitterof cour- tesy, ijive notice of his intention to the member ( om- plained of, and ask him formally whether the report is oorrei!, before proceeding further in the matter. XVI. yuspcKsion and Expulsion of Members.— The right of a legi.slative body to suspend or ex[)el a member ftir what is .suliit'ient causi' in its own judgment is undoubted. Such a power is abfolutely neoes.sary to the con.servation of the dignity and usefulness of a legislative ])ody,' In a previous chapter cases have l)een cited of the exercise of the power of expulsion by the parliament of the dominion as well as by the old legislatures of Canada, and conse- quently it is only necessary here to make this ])rief refer- eute to the subject. Tiie minor punishment of suspension is now generally re.served in the English house for aggra- vated cases of «ontempt of the authority of the chair and of wilful obstruction of the public busJness.'' if I! ;-^.!! ' < an. ('(1111. .1. (1S7:{, 'Jml 8o»Hinin, i:!!». But in tliis chho, it wmild have lie(*n siillicieiit to liavoordoreil iiimtoattetui, :i.s iioextiiiiiimtion iiii:{t5 Ih. .".12. ' ''TIki |M)\vertoex|>td aiiu'iiilM. " Chapter xii on debate, h. 25. fMi 2r)0 I'OWKRS AM) PRfVILEGES: XVII. Power to summon and examine witnesses.— Procedure — Thn Senatt' and House of Commons have undoubtedly the viiiht, inherent in them as lei^islative bodies, to summon and compel the attendame oi' all persons, within the limits of their jurisdittion, as witnesses, and toorderthem to hrini^ with them such papers and ri'eord3 as may be required for the purpose oi' an inquiry. When the evidenci; of any person is shown to be mate- riiilin a matter under consideration of the House, or aeom- mittee of the whole, a member will move that an order be made for his attendance at the bar on a i'ertain day. In the Striate, as in the Lords, the order should be sii^ned by the clerk of the parliaments.' In the Commons the order is signed by th*' clerk of the House and served by the .Serjeant or his deputy when the witne.ss is within or lu'ar the city of Ottawa; if not, he will Ih' inlbrmed l)y jiost or teleirvaph, or in special cases by a messi-nger." Wlien the order of the day for the attendance of a wit- ness has been read in due form, h' will be called to the bar and examined in accordance with prescribed forms.' When the witness appears at the bar ' of the House, eacli (juestion will be written out and handed to the speaker, who, strictly six'aking-, should read it to the wit- ness ; but on certain occasions a considerable degree of latitude is allowed for the convenience* of the House, and (juestions put directl3 l)y members have been supposed to be put through the si>eaker.' As a nuitter of correct practice, when a member asks a (juesi.ion it should be put I' 1 ll 'J3B , t] iH im '' ' ,'■! ■InK 1 1 1 ,91|H I ' -May, 17-. Tli« Hjtpakt^r si>.Mi.s in (liv*ir<'i> cascH. Sim; cliai). ■'"^^''• •' Saiim jiractirc in tlit^ Knirli.sii UmiHi' ufCominnti.s. //». 47-'-;5. '(an. C'lui. .1.1,1874), s, 1(), 1.;, 14, 17, is, ;{l', ;(7, :5S. I'arl. Peliatt^s in .Hnil and 'J'iiiu.", 1.S7.'!, p. 3M, show tlio prdceduro on such ociiaHinns. lor tlie liiti'st vatu' (ifcxaniinatiftn soe ('iiii. (oim. .1, (18S7) 1H7-It:; ; Hans. Hli. 1 1 fi 11. ' Moniliers arc cxaniincil in tlifir iilaces (I^jr. A.sh. .!. !S47, p. 4^ ; the 8peak»»r in tlie ciiair; /'-. p. ti. May, 4s.'». Tlie Imr i8«lo\vn duiinj,' tlie exaniinatifin (it a witiicss not a incnibor. //-. 1S4 ; 1* llatsull, 140. ■ 140 J;. Hans. (':,), !»7. See lS.ii. Hans. (18S1.'), l-_'7. \VfT.\i:SSKs. 251 to the Ilouijo ; and it Ix'iiij!; nj^rood to, the witness must answer it distiuetly and audi})ly, as soon as he has read it.' In lase a member objects to a question on any ground, ho must state his objections, and the speaker will decide." It' tht' evidence of a witness cannot be ( ompleted in one day, his I'urther attendance will be post- poned till a luture time, and he will be ordered to attend accordingly.' All the evidence ••i ven by ii witness at the bar is printed in th<\journals of the House with the names of the nieni- hi'Ys asking the questions.' If a witness should be in custody of any oiftcer of the law, the speaker will l)e ordi-red to issur in attendance ami rcail, wlicn rt'niirod, to the 1Iouhi\ fan. Ilan. ( 188"), (i:'-^. Can. Com. .1. (1S71K lO-l:'. ;:'.;5-:i(». Jh. (Is87) l!iO. ' //..(1S74) ):!. ' Ik o-i:? ; //.. (1887) lixi-lfl:'.. • !»3 K. Com. .1, *JU).:!5;J; W ll>. 10:1 ; !t7 ll>. '121 ; !«) Il>. 8!». ";r) //'. W'lW ; it.-) //,. .-)!»: Mirror of W (1840), vol. 15, p. 7l.'I . ■ km; K. Com.. I. 4S. ' 88 M. L>IS; 12 E. HanH. (1), 450, 831. " HO ll>. 501, 504. Cnshintr, pp. :J7y-304. 1 ^ !■ ■ i ffi ;!:}. ■ ■ % ■ "i: M , I' ; -I- -•- 4 ;; ■ ' i' >1 ij ,w — 1-j?- m 1 M' V'\' MM f ■ f. n iBij vi-l ill Iff. feu hX hi', i II POWERS ASD PlilVILKOKS. addressed to him.' On the other hand it is tlie duty of ii witness to answer every question in a respectful manner, and shouhl he not do so the usual course is I'or the speaker to reprimand him immediately aiul to caution him to bf more careful in the future." If the oU'ence is clearly mani- fest, the speaker can [)rocced at once to reprimand or cau- tion ihc oUcudev ; if not, Ihc witness may be direi'tecl to withdraw, and the sense aiul direction of the House mav then l)e taken upon the subjcc t.' In all matters touching- its privileg'es the House may demand deliuite answers to its questions ; but in case of incjuiries touching a breach of i)riviieges, as well as what may amount to crime at tommon law, the House, " out of indulgem^e and comi)assionate (Consideration for the par- ties accused." has been in the ha])it of telling them that they are under no obligation to reply to any cjuestions ,>.o as to criminate themselves.' Incase it is ninessary to change the time of attendance of a witness, the ordt'r will bi' discharged or postponed, and a new ord(»r made for his future appearance.' When the evidence of a witness is conclud«>d tor the time being, he will be ordered to withdraw and remain in further attendaice if required.' If his testimony be not required the order will be read and discharged." Persons desiring that witnesses may be heard in their behalf must petiticm the House to that elfect, and the House m:vy, or may not, as it thinks proper, grant the prayer.^ A witness has been allowed the assistance of counsel when his evi- dence mav tend to criminate himself.' ' 11 Pari. i{ojr. 2;{2, L':53,2;;4 ; i;{ ih. •j;!2, -j;;;;. ' 11 E. lIiuLs. (I), ()(>'_>. Also Cav. Deb. Ciui. 170, 1 71. =' 9 K. MaiKS. {'!), 75. M4(i //'. {W), lOl-'J. ■' on K. Com. .1. •1W^ ; Ciiii. Coin. J. (1-S74), 17, is. Ih. (ISDI ) .lune S. " Can. Com. .1. [1S74]. :!!». " n>. IS ; //,. [ iS87], 1!>:!. ^ Le^'. Ass. .1. [ 18r).">], m\. '■' Mr. Boll, returnini: olilcct, Pari. i)ol>., 1S73, p. .'W ; .lour., 70. riUVILKGKS OF LOCAL LIXUSLATVRKS. 2r)3 The I'xporieiKM' of parliament has shown that in the majority ol' oases, iO(]nirin«>" matniv deliberation and in- quiry, select committees areth*' best tribunals lor examin- ing witnesses ; and aerordingly it will be I'ound, on re- ference to parliamentary recoids, evidence is always taken, whenever practicable, before commitU-es. The procedure in such cases is explained in the chapter devoted to the functions of select committees.' XVIII. Privileges of Provincial Legislatures.— The question of tlie extent of the privilei'es of the legislative iis.semblies of the provinces of Canada is not one within the scope of this work, but those who wish to pursue the subject may consult the authorities i^iveii in the notes, and particularly the judgment of the supreme court of Canada in the case of Landi'rs vs. Woodworth. Mr.Woodworth, a member of the house of assembly of the province of Nova Scotia, on the ](Jth of April, 1S74, charged the provincial secre- tary of the day — without being called to ortler lor doing so — with having fidsiiied a record. The charge was sub- sequently investigated by a i;ommittee of the house, who rei)orted that it was unfounded. Two days later tlie house resolved that in preferring the «harge without suihcient evidence to sustain it, Mr. Woodworth was guilty of a ])reach of privilege. On the UOth of April, Mr. Woodworth was ordered to make an ajmlogy dictated by the house, and, having refused to do so, was de( hired, by another resolution, guilty of acontempt of the house, and requested forthwith to withdraw until such apology shouhl be made. Mr. Woodworth decliiu'd to withdraw, whereupon another resolution was passed ordering the removal of Mr. Wood- worth Irom th(^ house by the serjeant-at-arms, who, with his assistant, enfoi* ed thi^ order and removed Mr. Wood- worth, who soon afterwards brought an action of trespass 1 ii t' I' : :i f >r r1 I' I 'i I ' ('liai». xvi. H. !>. Fur the practico with resiHict to divorce l)ill8 in the benato, aeo chapter xxii. on private Itills. i h \'4 m I 254 POWERS aSD privileges. I ill for assault against the speaker and certain membeio jfthe house, and obtained a verdict of $500 damai^es. The supreme court held, on appeal, afRrmingthe judgment of the supreme court of Nova Scotia, that the legislative assembly of Nova Scotia, had, in the absence of express grant, no }>ovver to remove one of its members for con- tempt unless he was actually obstructing the business of the house ; and Mr. Woodworth having been removed from his seat, not because lie was obstructing the business of the house, but because he would not repeat the apology required, the deiendants were liable. Chief Justici' Kichards, in the course of liis opinion, stated that undei' tlie practice in the English parliament or in the legislature of Nova Scotia, so far as he was informed, the makinii', by one m»>nibcr against another, of an unlbunded (^harg- whicli has been in(|uired into by the house, does not constitute a breach of privilege. If the su])ject-matter of tln' iiKjuiry turns out not to be true, there was no autho- rity or precedent shown where a member can be charntnl Avith l)eing guilty of a bn^ach of the privileges of the house for so doing. If when the house thinks the inquiry ouu'ht not to be made, nnd refuses to take it up, the mem- ber persists in bringing it forward, so as to obstru»;t the business of the house, it may be that he might then become liable to the censure of the house, and if he persisted in the interruptions iinreasonably, he might, to quote the words used in Doyle v. Falconer ' " be removed or excluded for a time, or even expelled." But the house, having thought it a matter which required their atten- tion, took it up and ordered an investigation, and after that, he I'ailed to see how they could projjerly declare that what the member had done was a breach of their privi- leges. Judge Kit chic, in delivering his opinion, said that a si-ries of authorities, binding on the court, clearly established that the house of assembly of Nova Scotia had ' L. K., 1 P. ('. App., 328. Can. Sup. Court Rop. ii., 181. rinviLiXins of local legislati'res. 255 no power to puuish lor any olleiice not an imniediato obstruction to the duo courso of its proceedings, and the proper exercise of its functions, such power not beins- an essential attribute, nor essentially necessary for the exer- cise of its functions by a local le<>islature, and not belong- in<^' to it as a necessary or lei>'al incident ; and that, without prescription or statute, local legislatures have not the privileges which belong to the House of Commons of Clreat Britain by the lex et coHSitefndo Parlinmenti. The allegations and ()yli' V. laltoiuM- (I.. Ii. 1. 1'. ('., Apji. ;i'_'S) woro cnminLMited iii)on l)y tlu' cdiirt and rollowod. Tliu learnod fliio.f ja.sli((i citod these and other cases iKmriiij; on the (luoslion, viz., IJeauniont and IJanvtt (1 Mooin !'.( '.('., ]>. ')!»); Foiitonand llainpton (1 1 .Moore, :', 17) ; ( iivillier ( . ;Moiiro(4 I..t'.U., 14t)): liavoies i-aso (") h.C.H., p. ',)!»i; Dill /■. .Murphy (1 .Moore I'.C'., ('.N.S.,487) ; rxparli: Danseieiiu, Low. Can. .lurisl, voL xix. l'10-248. -Out. Stat, 1)2 Viet., c. :>. (^ludiee Stat., Wl Viet., e. 1. 'Si'.ss. I'., 1S77, No. Sit, pp. L'(IlM2; Todd, I'arl. (.iovt. in the Colonies, SOo. ^Can. Sess. 1'., p. i:21. f 1 ^ ' !l I' lit:';'' ..»: a : 2oG I'owicns A\D I'j:ivhj:gi:s. h m: of their r('si)octive privilej>»'s.' Tlu'so statutes onibrace privili'i;<'.s claimed and iiiJoyiHl by English members of parliament, surh as ireedom from arrest on civil proi;ess, and other immunities set Ibrth in this chapter. The Ontario statute is more comprehensive than the QucIxt act, but both are practi<'ally the same with respect to th" power to iompel the attendance of witnesses, the produc- tion of papers, and the protection of persons acting under the authority of the legislature. These acts were left to their operation, though their constitutionality in certain respects was questioned by the dominion govi'rnment.-' Ilowever, the court of queen's bench, (Quebec, decided that the Quebec statute was within the (Competency of the legislature.' The supreme court of Canada, in the decision just mentioned, has also allirmed the right of the legislatures to pass statutory enactmenls conferring upon themselves such power.s and privileges as may be nece.v sary for the ellicicut disch.irgc of their constitutional functions.' In 187»!, the Nova jScolia legislature passed a statute conferring upt>n both houses the samt; privileues as shall for the time being be enjoyed by the Senate und House of Commons of l^mada, their committees, luid members for thti time being.' The constilationality of this a«'t was also questioned by the minister of Justii e. but it was neither amended nor disallowed. In IHJI, ii Manitoba sliitute to the same eli'ei I win disallowed," but su^>t*e<|ueiitly another act was passed and left by the dominion government to come into operation. In h'DM, 1 Oiit. Stat., :«> Vict, r. !•, -S4. ' P. E. I. Stat, 5:J Vict., c. 4, s. 110. * Todd, Pari. Ciov. in the Colonies, 470-71 ' \ \l I' »^ A\! % If 'i ■it CHAPTER V. nrrjcs, oHDEiis, and rsACrEs. I. Oripinof tlie Hult'S, Orders, and Usa^res of tlio Seiiato and House nf CnnnnniiH. — 11. I'roceiliirf in IN^visin^r KiilfS. — III. NetesHity for a Htrift AdliortMiro to linlos. IV. Sessional (Jniors and llesolntions. — v. I'aeof tiio I'renfii Lan^ua^u in the I'artiamont und llio lAsly and upon sudden impulse.' It is true that the Enuflish House of Commons has, since 1882, adopted very strini^ent ruh's whiiih seem in a considerable dej^ree at varianc^e with the old prin(!iples of parliamentary procedure. The ridf/tre has been bor- rowed from the French system, and other measures have been formally taken with a view to prevent organized obstruction. Hut these new orders which certainly impose restrictions on freedom of speech, and give increased power to the speaker, and to the majority, have been forced 5«.S. - Seo Apjtondix L. 'Leu. C. J. (1841), l-'S. App. L'. I a\? '• ''I'! i, V, . I isra IMAGE EVALUATION TEST TARGET (MT-3} 1.0 I.I 1.25 ^ I4S lllilio 1.8 ^ lltt ^ o 7 Photographic Sciences Corporation \ ^ A O 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) ft72-4S03 260 RULES, ORDERS A^D USAGES. I -^ " 112. In all unprovided cases, the rules, usages, and forms of proceedings of the House of Lords are to be followed." The first action taken iu the legislative assembly of Lower Canada was in 1792, when che lieutenant-governor sent a message recommending "the framing of such rules and standing orders as might be most conducive to the regular despatch of business." The House immediately- adopted a code of rules based for the most part on those of the Imperial Fariiament.^ The legislative assembly of Upper Canada, which met for the first time at Niagara, followed a similar course.- The legislature of the united Canadas also adopted a code in conformity with that of the Imperial Parliament.' Again, when the Parliament of the dominion met for the first time, after the passage of the Union Act of 1867, one of the first proceedings of the House of Commons was necessarily to appoint a committee to frame rules for the government of procedure in that House. The committee subsequently reported the rules and standing ordtns which now regulate the proceedings of the Commons, and which are substantially those of the legislative assembly of Canada.' Eule 120 now orders: "la all unprovided cases, the rules, usages, and forms of the House of Commons of the United Kingdom of Great Britain and Ireland shall be followed." II. Prooedure in revising rules and orders.— Whenever it is necessary to appoint a committee in the Commons to revise the rules and standino; orders of the House it is cu3- ' Christie's Low. Canada, i., 130, 139. In the journals of 1792 (vol. i. p. 48), ,ve find the following entry : " Resolved that as the assrinibly of Lwer Canada is so constituted after the model and usage of the parliament of Great Britain, it is wise and decent and necessary to the rights of the people, as well as to the interests of the Crown, that this house foUov and observe, as nearly os circumstances tdll admit, the rules, orders and usages of the Commons House of Parliament." Also pp. 26, 86, 124, &c. •^ Upp. Can. J. (1792), in My. in the Parliamentary Library. " Leg. Ass. .L (1841), 29, 40, &c. * Can. Com. J. (1867-8), 5, 16, 43, 115, 125, 133. M EEVISING RULES. 261 toraary to place it under the dire^'Iou of Mr. Speaker, the motion being: ''That a special committee of members be appointed to assist Mr. Speaker in revising tbe rules of the House, &c." ' "When this committee has reported, its proceedings will be ordered to be printed,- generally in the votes and pro- ceedings ' ; and after some time has been given to mem- bers for the consideration of the proposed changes, the House will resolve itself into a committee of the whole on the report. When the rules or amendments to the rules are reported from the committee, they must be formally concurred in like any other resolutions ; and when that has been done they regulate the procedure of the House.* All the rules and standing orders are printed from time to time in a small volume, which in some cases also in- chtdes the British North America Act, 1861, and acts in amendment thereof.' In the vSeuatc it is also the practice to refer the question of revising the rules to a select committee." In 1815 Mr. Speaker Christie was authorized by that House to examine during the recess the rules and forms of proceedings and suggest to the House at the next session such amend- ments as he might deem advisable." The speaker's re- port with a draft of the proposed amended rules, was 1 Can. Com. .T. (18(17-8), 16, i;53. Ih. (1876), 58. - 76.(1 SG 7-8), 43. ' Ib.f 1876, March 6 ; V. and P. All the rules were printed (with the pro- posed amendments in brackets) in a convenient form before they were considered in a committee of the whole. Tlie rules and standing orders as amended in committee of the whole and adopted by the House, should be given in the journals ; 108 E. Cora. J., 756, 770, 791 ; Can. Com, J. (1867- 8), 115. Tills was neglected in 1876, though several amendments were made in committee of the whole. In the Enghsh House, when an order is to be repealed, it is first read and then rescinded; the new standing orders will next be proposed and agreed to; 182 E. Hans. (3) 603. ' Can. Com. .1. (1867-8), 115-125. IL (1876), 216. ' Can. Com. J. (1807-8), 133. « Sen. J. (1867-8), 00. ' Senate J. (1875), 256. i,i ] fi- .:\i'i.'i \> 262 RULES, ORDERS AND USAGES. submitted and referred to a select committee in the early part of the session of 1876. This committee reported cer- tain amendments to the speaker's draft, which were con- sidered on a future day. The report was adopted with some modifications and amendments. It is not the prac- tice therefore for the Senate to go into committee of the whole on amendments to the rules.' By the 111th rule of that House, the British North America Act, 1867, all acts in amendment thereof, as well as the commission and royal instructions to the governor-general, are print- ed in a book with the rules for the convenience of the members. III. Necessity for a strict adherence to rules.- Each house is bound by every consideration of self-interest and justice to observe strictly its rules and standing orders, and to rebuke every attempt to evade or infringe them." The political party which controls the House to-day may be in a different position to-morrow, and is equally interested with the minority in preserving the rules of the House in all their integrity. "So far the maxim is certainly true, and founded on good^sense," says Hatsell, " that as it is always in the power of the majority by their numbers to stop any improper measures proposed on the part of their opponents, the only weapons by which the minority can defend themselves from similar attempts from those in power, are the forms and rules and proceedings which have been found necessary from time to time, and are be- come the standing orders of the House, by a strict adhe- rence to which the weaker party can alone be protected from those irregularities and abuses which these forms were intended to check, and which the wantonuess of ' Sen. J. (1876), 2H, 119, 168. Also (18G7-8) 14!]. '^ See eulogy on Parliamentary 'Law in Hearn, Gov. of England, 555-8. Bentham, certainly an impartial criti:, " recognizea, in this bye-corner, the original seeci-iilot of English liberty." ADHERENCE TO RULES. 263 . I power is but too often apt to sugfgest to larj^e aud suc- cessful majorities." Consequently the Senate and House of Commons never permit their rules and standing orders to be suspended, unless by iinanimovs consent ; but they may be formally amended or repealed on giving the notice required in the case of all motions.' The Senate,- like the House of Lords, has standing orders on the subject : — " 17. No motion for making any order of the Senate a stand- ing order can be adopted, unless the senutoi-s in attendance on the session shall have been previously summoned to consider the same. " 18. No motion to suspend, modify, or amend any rule or part thereof, shall be in order, except on one day's notice in v/riting, specifying precisely the rule or part oljulo proposed to be susf nded, modified or amended, and the purpose thereof.^ But any )-ule_may be suspended without notice by the consent of the Senate,' and the rule proposed to be suspended shall be pre- cisely and distinctly stated; and no motion for the suspension of the rules upon any petition for a private bill shall be in order, unless the same shall have been recommended by the committee on standing orders.'"' The proceedings of the two Houses of Parliament are regulated by statute, by rules aud orders adopted by them- selves, and by those usages which have grown up in the course of time and consequently become a part of their own practice, or are derived from the common law of parliament by which, as we have just seen, they have consented to be guided in all matters of doubt. A statute 1 80 E. Hans.(3),158 ; 182 lb. (3), 591 ; 224 Ih. 48, 164. Can.Com. .1.(1867-8) 144. Remprks of Sir J. A. Macdonald, Can. Hans. (1878), 3-4. Can. Com. .T. (1877), 111, 2.^8 ; 227 (R. 1 and 19 suspended) ; lb. (1883), 128, decision of Mr. Speaker Kirkpatrick; Mr. Speaker Ouimet, 15th .June, 1887, Hans. 1001. '' Min. of P. (1867-8), 111 ; lb. (1869), 107; Jour. 69. Deb. (1878), 292. ■'' Sen. Hans. (1882), 705-6. Min. of P. (188";), 359, 363 ; Jour. 270. * Sen. Hans. (1882), 103. ^ See Commons standing orders respecting private bills No. 55. t I I I IP ' '1 Is 1 A\^ 1 1 #!< <; i j if^- I \l ■ib.fe; ill: 11 I'i' 264 RULES, ORDERS AND USAGES. regulation supersedes and cannot be abrogated by any order of the House to which it applies.' For instance, on one occasion Mr. Speaker Cockburn pointed out the fact : — " The constitutional rule contained in the 54th section of the Imperial Act is one that, beini^ absolutely binding, should be neithei- extended nor restrained by implication, but should, at all titnes, be most carefully observed by the House. Consequently unless the governor-general first ret'ommends any vote or motion for the appropriation of public money, it cannot be received by the House." - An express rule or order of the House, whether standing or occasional, supersedes every mere usage or precedent. But in the absence of an express rule or order, what can or ought to be doue by either House of Parliament is best known by the custom and proceedings of parliament. The unwritten law of parliament in such a case has as much effect as any standing order. ' It must also be borne in mind that in the interpretation of the rules or standing- orders the House " is generally guided, not so much by the literal construction of the orders themselves as by the consideration jf what has been the practice of the HoiTse with respect to them." ' IV. Sessional Orders and Resolutions. — The House passes, in the course of every session, certain orders or resolutions, which are intended to have only a temporary effect on its proceedings, or to regulate the business of the session. These orders generally relate to the times of adjournment, the arrangement of business, or the internal economy of the House, or to the presentation of certain papers in sub- 1 Cusbing, sec. 790. •■' Can. Com. J. (1871), 72 ; Ih. 50. ''Cnshing, p. 311 ; 4 Hatsell, preface; 229 E. Hans. (3), 1625, (Mr. S, Brand) ; 4 Inst. 15 ; 1 Black Com. 163. OpHmus legum interpres consuetudo, 2 Rep. 81, Coke on Litt. 186 a, note ; Sedgewick, 255. ♦Mirror of P. 1840, vol. 16, p. 1108-9. SESS^^'XAL ORDERS AXD PESOLUTIOXS. 265 sequent sessious.' Up to the session of 1870, certain re- solutions relative to the offer of money to members were iormally proposed and agreed to at the comiaencement of every session, but when the rules were revised that year, thi'se resolutions were placed among the permanent orders.- Though resolutions strictly expire with the ses- sion in which they are adopted, there are certain resolu- tions and orders, concerning matters of order and prac- tice, which have been observed as binding without being renewed in future sessions. In such a case it is the practice of the speaker to call attention to the resolution, and to giv^e the House another opportunity of consider- ing whether the resolution should continue to be ob- served.' V. The Use of the French Languae^e. — The use of the French language in the proceedings of the legislature has, from the earliest days of the parliamentary history of Canada received the sanction of custom and law. At the first session of the legislative assembly of Lower Canada, it was resolved that no motion should be debated or put to the House, unless it was first read in English and French. As the speaker of that day, Mr. Panet, was not well con- ' Can. Com. J. (18(37-8), 50, 80, &c. lb. (1877), 111, 227, 258 ; Ih. (1882), 55; //'. (1883),51 etc. -Can. Com. .1. (1876), 110; mpra, 243. Still renewed every session in England ; Jour, for 1877, pp. 3-4. The order relative to votes and pro- ceedings, however, was to be renewed every session (Can. Cum. J., 1877, p. 12 ; 129 E. Com. .1., 8) ; but this was not done in 1878 and 1879, and now it has a place among the standing orders, tliougli there is notiiing on tlie record to show how it came there. ' May, 194, 208 ; Mr. S. Brand, p. 79 Rep. of Com. on Public B., 1878. Exclusion of strangers, 227 E. Hans. (3), 1420 ; 240 Ih., 478 ; 131 E. Com. J., 79, 348. Mr. Speaker Anglin's attention was called in 1878 to the fact that a resolution of 1874 relative to the management of the refreshment rooms of the house was not carried out. He said, after some remarks from several members, that he would at once renew his orders in ac- cordance with the wish of the House as expressed in the resolution. Can. Com. J. [1874], 14. Private MSS. of present author, March 5, 1878. .(',. 266 RULES, on DEES AND USAGES. versant with English, it was subsequently resolved that in all cases when the speaker could not speak both Eng- lish and French, " he should read in either of the two languages most familiar to him, while the reading in the other language; should be by the clerk or his deputy at the table." It was also decided to have the journals and bills printed in English and French. Every member had a right to introduce a bill in his own language, but it was then the duty of the clerk to have it translated.' The rules then adopted, it will be seen a little further on, are substantially those which now regulate the procedure of the parliament of Canada. When the two provinces of Canada were united under one Parliament, it was provided by the 41st section of the Act of Union, - that the journals and the legislative re- cords, of what nature soever, shall be in the English language only, and though translations might be made, no copy of them could be kept among the records or be deemed in any case to have the force of an original re- cord. This law naturally created great dissatisfaction among the French Canadians, and it was finally repealed by the Imperial Parliament after an address to the queen had been passed by both houses. ' By the 133d section of the British North America Act, 1867, it is expressly provided : " Either iho English or the French language may be used by any person in the debates of the Houses of the parliament of Canada and of the Houses of the legislature of Quebec; and both these languages shall be used in the respective records and jour- nals of those Houses The acts of the parliament of Canada and of the legislature 1 ' Christie's Lower Canada, i., 132-4 ; Low. Can. J. [1792], 92, 100, 148, &.C. The journals were printed with corresponding pages in the two lan- guages. ^ 3 and 4 Vict., c. 35. •' 11 and 12 Vict., c 56, s. 1, Imp. Stat. ; Leg. Ass. J. [1845], 289, 290, 300, 305, 317. USE OF THE FRENCH LANGUAGE. 267 of Quebec s-hall be printed and published in both those lan- guages." And by rule 33 of the House of Commous, it is ordered : " "When a motion is seconded, it shall be read in English and French by the speaker, if he be familial- with both languages ; if not, the speaker shall read the motion in one language, and direct the clei-k to read it in the other before debate." And rule 93 provides : " All bills shall bo printed before the second reading in the French and English languages." These rules are always strictly observed in the House ol' Commons. It is the duty of one of the clerks at the table in both Houses — for though the Senate ' has no standing orders on the subject, yet it is governed by custom and law — to translate all motions and documents whenever it may be necessary. The Azotes and journals of both Houses, and all bills and sessional papers, are in- variably printed in the two languages. Provision is also made by law for the use of the French language in Quebec" and in the Northwest Territory.^ The act providing for the government of Manitoba also enacted that either French or English " may be used in the debates " of the legislature ; that both those languages " shall be used in the respective records and journals ; " and that either " may be used in any pleading or process " in the courts. ' In 1890 the legislature passed an act providing that English shall be the official language of •See Report of Select Committee, Sen. J. (1877), 114, 136, 208, 256; Deb. (1884), 66, 67. - B. N. A. Act, 1867, s. 133 ; mpra, 267. Quebec Leg. Ass. Rules, 33, 93. ^ 43 Vict, c. 25, 8. 94 ; Rev. Stat, of Can. c. 50, s. 110. In the session of 1890 a long debate took place on a proposition to repeal this section, and provide for the use of English only in the legislature and courts, but the House rejected a motion to that effect, and passed one in favour of allow- ing the assembly of the Territories to regulate their own proceedings. Can. Hans. (1890), 38, 532, 877, 1018. * Dom. Stat. 33 Vict., c. 3., s. 23. I ' ':i'; .Mf^i '^v-^ I : ' ( J I * .4.' f K! PI I ' ! '['ll'^ 268 RULES, ORDERS AND USAGES. tho proviuce, " any statute or law to the contrary not- w'ithstandiug." ' ' INIan. Stat, 53 Vict., c. 14. In the report of the minister of justice allowing this act to go into operation, it is pointed out that tlie most satis- factory method of testing its elliciency is to bring the quention of itis vali- dity before an authoritative legal tribunal. See Toronto Empire, April 7, IS'JI, for summary of rei)ort. CHAPTER VI. MEETING, rROROGATfON, AND DJSmLUTION OF J'ARUA- MENT. I. Meetinjr of Pivrlianient. — IT. Procoodings in the Senate. — 111. Election of Speaker of tlie Commons. — IV. Consideration of the yi)eech. — V. Proceedings in Sessions subsequent to tho first. — VI. Prorogation. — VII. Effect of I'rorogation. — VIII. Dissolution. I. Meeting of Parliament. — The summoning-, prorogation, and dissolution of Parliament in Canada are governed by English constitutional usage. Parliament can only be legally summoned by authority of the Crown ; ' but the British North America Act of 186*7 provides, with respect to the dominion of Canada, that " there shall be a session once at least in every year, so that twelve months shall not intervene between the last sitting of the parliament in one session, and its first sitting in the next session." " A subsequent section also provides that " every House of Commons shall continue for five years from the day of the return of the writs for choosing the House — (subject to be sooner dissolved by the governor-general) — and no longer." ^ Apart, indeed, from statutory enactments, the practice of granting supplies annually renders a meeting of parliament every year absolutely necessary.^ Parlia- ment is summoned by the queen's proclamation, by and 1 2 Hatsell, 296. '' Sec. 20, B. N. A. Act, 1867. •' Sec. 50, lb. See appendix M. for statement chewing average duration of each Parliament since 1867. * May, 44. W I 1 ii ) ii' r SI > 9'! J. mi. 270 MEKTlSa OP I'MiLfAMKNT. with th(» iulvii'o of tlu> privy council.' It is the pnicticc to proroji^iu' piirliiuncnl for iiittM'Viils of forty diiys, iiiul when it is the intention to iissenihKi th(» two Houses, dr farto, the proehmiiition will reciuire senators iind members of tile House of Coinmons to appear personally ; •' /';/• the (Irspafcfi of hiisitu'ss, to h'eivt, ilo, ami act. ami coiicliidi' tipon tlioso (liinii;s wliii-li in oui* saiii pMrlianu'iil ol" CtitjjKi.'i, i)y the common coiincil of our sai(i (ioniinion, may hy tlie favour ol' (loii 1)0 ortiainoil." The Parliiinient of Canada meets as a rule in the winter months. The lirst session was held in November, 1807. and adjourned to March, 18tJ8. In 18(50, 1872, and in 1801 (ufter a u^eneral election) the Houses assembled in April : in ISTM and 1874, in March ; in 187.'i there was a special session in October, on account of ministerial dilli- culties. In 1880 the K uses assembled in l'\'bruary, and ag-ain in December, to consider the C'anadian Pacilic Rail- way contract. The practice in other years has been to assembh» in January or lA'bruary,' and in view of the si'cueral scntinuMit of the House, it is understood that parlianu^nt will be summoned as soon as possible after the I'ommcucemcnit of the year.' II. Proceedings in the Senate. — At the opening' of a new parliament, the senators will assemble in their chamber at the hour apijointed ; and after prayers, if there is then a speaker, it will be his duty to prest'ut to the House the usual communication from the governor-general, inform- ' .Tour. (lS«)7-8), i-x., etc. '-' See dilleriMit procluniationH whicli appear at commencement of .lour- nals of Senate and House of Commons. Also aj)pemlix at end of tliis work for text of proclamation for a meeting for business. ' See address moved by Mr. Brown in tiie legislative assembly of Canada, in ISSo, declaring that the month of February was the most con- venient jieriod for the assembling of j)arliament. ,7our. (1852-3), (500, GDI, 750. * See Can. Hans. 1885, Jan. 30 (Mr. Blake, 8); Ihid, 188G (Mr. Blake, 8). Also api^endix M. to this work for dates of commencement and close of each session since 18(57. I'llOCEEDlNns IS rili: SESATE. 271 inu; tljt'iii of tin- hour when he will piocmmmI to open the session. Now iiH'inb«'rs will, uty-f the g'overnmont in the House — the ♦'•entleman usher proci^dingv The mace which lay l>efore under tho table, will now l)e placed thoreon,' and prayers will be n-iid by the chap- lain. It is usual then to present cortilicateK of the ap- pointment of mnv members, and to have them formally introduced. The House will next l)e informedof tho liour when liis I*]xceUency or tlu^ deputy-iiOvernor will come down ; and the House will then adjourn durin<^ pleasure or until that time. As soon as his Excellency or the deputy j^overnor is seated in tho chair on the throne, the speaker will command the gentleman usher of the black rod to i)roceod to the House of Commons and ask their attendance in the Senate (chamber.' The proceedings when ' Sun. .1. (IhTS) l.>17. II). (ISS;!) l--_';{; Ih. (ISilO) l-i:;. The pro(!(!e(Hn;.'S ill tlieopeniuj;, wlioii tliero is a spoiikor, are tlioHaiiie ua in liio old le^ris- lative council of Canada, wlion tiio Hpeiikor was also nominated hy the Ciowii. Leg- Conn. .1. (Jsr)'_'i 2h-*ll. Tho pro('oedin;,'.s in 1.S78 in the Senate Wire similar to those at openinj^of a now parliament as tho Commons had to elect a speaker. - Sen. .lour. (1S79) 1(1 ; Ih. (ISSO) 12 ; Ih. (l.S!»l) April 2i). ' Tho lato Mr. Fonnin^is Taj'lor, for many years deputy clork, informed tlio writer that the mace used in the senate holonjre .'■ IM t li !•' ifl * ft *(' ^iU 070 MEKTiyO OF FAliLTAMEXT. the Commous present themselves at the opening of a new parliameni — or of a subsequent session — will be described in a later pag-e, where explanations are given of the Com- mons' proc<»edings. "When the speaker is a new member, the clerk must first present the usual return from the clerk of the crown in chancery, and the former will then take the prescribed oath with other new members who may be present. His appointment as speaker will next be formally notified in the manner just stated.' In case of the appointment of a new clerk, it is the dutv of the speaker to announce it to the Senate. The com- mission will be read forthwith, and the clerk sworn ac the table The appointment of other crown officers may also be anuouni-ed at the same time.- Whenever a new speaker and a new clerk have been appointed, as in 1807, the commission of the former will be first read, and he will take his seat in due form. The speaker will then announce the appointment of the clerk, so that his com- mission may go on the journals.' We may now take up the proceedings at the stage where the speech has been duly delivt-red by the gover- :»\or-general, and the Commons have returned to their chamber. The speaker of the Senate, after the retirement of his Excellency, and the introduction of a hill pro for in a will report the speech which will be ordered to be tiken into consideration immediately, or on a future day ; the day following, should it be a sitting day, being generally chosen. All the members present will then be appointed a committee "'to consider the orders and customs of the 0-8 ; ///. (ISOl) April 20. For proceedings in the Lords whon a new ohan- rellor is appointed before the opening of a new parliament, see 194 E. Hans. (3U'-3. ' i?en. ,1., 1S07-S, Mr. Cauchon; //>.,18T3, Mr. Chauveau; 76., 1887, Mr. riumb. -' lb. (1883) l-l'O, appoiutment of clerk and masters in chancery. 'lb. (1807-8)55. ELECTION OF SPEAKER. 273 House aiul pvivilogos of parliament." ' "VVheu the order of the day for the i-oiisideratioii of his ExoeUoncy's speech has beeu reached, two members will formally propose and [second the address in answer to the same. Generally, two new members, whose political sympathies are in accord with the policy of the government of the day, are chosen for this purpose. The practice in the two Houses with respect to the address was similar up to 1870,- when it was simplified in the Senate in conformity with the latest practice of the House of Lords. It is now only necessary to move the address directly, without going' through the formality of proposing aprior resohitiou as in the House of Commons. When the address has been ao-reed to, it is ordered that it be presented to his Excel- lency by members of the privy council who have seats in the Senate.' III. Election of Speaker.— When a new parliament meets for the despatch of business, on the day appointed by pro- clamation, the nembers of the Commons assemble in their chamber at an hour of which they have been previously notified by the clerk, for the purpose of taking the oath and sir^niiig the roll containing the same. The clerk of the crown in chancery is required to be in attendance on this occasion at the table of the House and to deliver to the clerk a roll containing a list of the names of such members as have been returned to serve in the parliament, then about to meet for the trausactiou of business.' The 1 Rule I. ; Jonr. (1S79) 22-23 ; Lords' J. (1877) 11. To this committee is re- ferred every matlt: atfeotinji the privile<:es of the House and its merahers. In 1880, a senator made a charge against the oiFu'ial reporters and it was referred to the committee, on a motion made not hy him, but by two other members. This was a new precedent, but nothing came of the refer- ence as the senator in ([uestion had not aslved for it and liad consequently nothing to submit. Sen. J. (1880) 139, 158. Hans., 243-46, 267, 280. - Sen. J. (1867-8) 69-72. See infra, 283, note 4. ' Sen. J. (1883) 35-36 ; lb. (1890) 9-11. Lords' J. (1877) 10, 11. * Can. Com. .T., 1867-8, 1873, 1874, 1879, 1883, 1887, 1891, p. 1. 18 '\'l ■Bflj^RB^S II^MI^Hfi ! 274 MEETING OF PARLIAMENT. following- oath will then be administered at the table by certain commissioners (generally the clerk, the clerk- assistant, serjeant-at-arms and law-clerk) appointed l)y dedimm polestateni, as provided by the British Nortli America Act, 1867 : " I do swear that I will be faithful and bear true allegiance to her Majesty Queen Victoria." ' When all the members present have been duly sworn, they will repair to their seats and await a message from the governor-general. It is generally customary, how- ever, to swear in the members at a convenient time in the morning, and then the members re-assemble a few minutes previous to the hour at which his Excellency is to come downi to open parliament. The members being all in their seats, and the clerk, with one or two assistants, being in his pla«je at the head of the table, the usher of the black rod presents himself at the door of the Commons and strikes it three times with his rod. He is at once admitted by the serjeant-at-arms, and advances up the middle of the house, where he makes three obeisances, and says in English and French : " Gentlemen, [or Mr. Speaker, in (^ub.sequont sessions] his Ex- cellency the Governor-General [or the deputy governor] desires the immediate attendance ot this honourable House in the Senate chamber." - The gentleman usher then retires, without turning his back upon the House, and still making the cus- tomary obeisances. The House v;ill then at once pro- ceed to the Senate chamber, ' where the members of 1 B. ^'. A. Act, s. 128 and 5tli schedule. In the English Commons, the speaker first takes the oath, and then the members. ConF^nuently the ceremony is attended with the proper solemnity. May, i.'04. In the Canadian house, the ceremony is attended witii some confusion through the eagerness of members to be sworn immediately. Pari. Deb., 1873, p. 1. ■^Can. Com. J., 1867-8, 1873, 1874, 1879, 1883, 1887, 1891, p. 1. Pari. Deb. ((1874). The procedure in snob cases is similar to that of the Enghsh Parliament. •' Previous to the session of 1880 members generally preceded Mr. ELECTION OF SPEAKER. 275 the Commons will b^^ informed by the speaker of the Senate : " His Excolloncy tho govornor-general [or deputy governor a> in 1878 and subsc(iuont sessions] does not see fit to declare tho causes of his summoning the pi-osenl ^larliamont of the dominion of Canada, until a speaker of tlio Homo of Commons shall have been chosen according to law, hut to-morrow, at tlic hour liis F'^xcellcnc}' will declare tho causes of his calling tliis parlia" mcnt" [or sometimes, " tho causes of calling this ]mrliament will be declared," in case a deputy governor is present].' The Commons having returned to their chamber, will proceed at ouce to the choice of a sp-^aker. The clerk presides at these preliminary proceedings, and will stand up and point to a member when he rises to speak. A member will propose the uame of some other member then present in these words : " That do take the chair of this House as speaker." This motion must be duly seconded, and put by the clerk, and in case there is no opposition, it will be resolved Nemiae contr^dicente '• That do take the chair of this House as speaker." The clerk having declared the member in question duly elected, his proposer and seconder wiH conduct him from Speaker and otiicers, but at the eomnienceuient of thiit session arrange- ments were made to give precedence to Mr. .Spealcer and prevent, if pos- sible, confusion and difRcuity in entering the Senate chamber. Precedence of members in the English House in going up to the Lords u determined by ballot. E. Com. .1. 1851, p. 4;!9, 44:), 445. May, 220. Also 118 Eng. liaus. (3) 1940-2, 1946. Mirroi of P., 1828, vol. i. p. 13. Tliese references will show how dillicult it has .dso been found in England to arrange an orderly procedure on such ocasions. • Can. Com. J. (1873) 1.2; Jh, (1878) 1 ; lb. (1879) 1. 8en J. (1873) 18 ; Ih. (1878) 17; ///. (1879) 19. Until the cause of summons has been form- ally declared by the queen or her representative, neither House can pro- ceed upon any business whatever. The speaker's election is the only business which can be done, and that is no exception to the rule, since the Commons receive express authority for performing this act, without which the House of Commons is not completely organized. 2 Hatsell, 307, 327. 1 Todd, Pari. Gov., 405. The speaker of the Senate, however, is sworn and takes his seat, and new senators are admitted as soon i;s the Senate moot. Sen. Jour (1879), 15-19. //y. (18S7) 2-8; //*, (1891) A^irii :;y. ■I ri-lN I; j (f I t, ' d V ■ i 1 1 1 t 276 MEETING OF PARLIAMEXT. his seat to the chair, where standing on the upper stoj) he will " return his humble acknowledg'inents to the House for the great honour they had been pleased to confer upon him by unanimously choosing him to bo their speaker." ' In case there is opposition, and two or more candidates are proposed, the clerk will continue to point to each member as he rises, and then sit down ; and when the debate is closed he will put the question first proposed ; and if the majority decide in favour of that motion, the speaker elect will be immediately conducted to the chair ; but if it be otherwise, the second motion will be submit- ted to the House ; and if it be resolved in the affirmative, the member so chosen will be conducted to the chair in the customary way.- It is very unusual to divide the House when only one member has been proposed, as was the case in 18t8, but still some instances can be found in the parliamentary history of England and Canada.' It has never been the practice in the Canadian or English parliaments for a member proposed as speaker to vote for his own election.' ' Can. Com. J. (1867-8); //-. (1873); Ih. (1S74) ; lb. (1883). lb. (1SS7); lb. (1S91) 2. The person proposotl should always be present, and should be properly a member upon whose seat there is no probability of a quos- tion. 2 Hatseil, 217. For remarks of speaker on such occasions, see 218 E.Hansard 10. Can. Pari. Deb. (1874) 1. Can. Hans. (1878) 12; Ih. (1883) 2. The English practice is a little diflerent ; no question is put by tlie clerk. 129 E. Com. J. 5. May, 200. - May, 200. 90 E. Com. J. 5 ; 94 Ih. 274. There are no cases since 1SG7 of more than one candidate being proposed for the chair, but many in- stances can be found in the journals of the old legislative assembly. Log. Asp. J. (1848), 1, 2; lb. (1854-5), three candidates, Messrs. Cartier, Sicotte and J. S. Macdonald. ^ Mr. Speaker Wallbridge, 1863, 2nd session, Leg. Ass. See also Jour. of 1852 and 1858. Hatseil, vol. il. 218 /!., gives some old cases from Eng- ish parliamentary records. * See for illustrations of Canadian practice : Low. Can. J. 1797, 1809, 1825, 1835. Can. Leg. Ass. J. 1844-5, 1848, 1852, 1854-5, 1858, 1862, 1863 (2 sess. Can. Com. J. 1878. In 1854 a candidate voted, but only after the House had refused to accept him, anc' on a division for another member ELECTION OF SPEAKER. 277 In the Canadian House of Commons, the leader of the government generally proposes the first candidate for speaker, and another member of the cabinet seconds the motion.' In the English House, a private member is now always chosen to make the motion, so that it may not appear that the speaker is the "friend of the minister rather than the choice of the House." " It is usual for leading members on both sides of the house, in England as in Canada, to congratulate the speaker elect in appropriate terms.' Mention is always made of this fact in the English, but not in the Canadian journals.' When the speaker has made his acknowledgments to the House, the mace will be laid on the table, where it always remains during the sitting of the House, while the speaker is in the chair."' Then the House adjourns until proposed as speaker. ^Ir. Turcotto voted himself into the chair of the Quebec Lej?. Ass. in 187S. ' Can. Com. .T., 1SG7-S, 1S7;^, 1874, 1878, 1879, 188:), 1887 and 1891. See Can. Hans. (1878) 2. Jh. (1883) 1 ; Ih. (18S7) 1-2; Ih. (1891) 2-3. -' May, 199-200; Oi)inion of .Mr. Hat.sell. See 129 E. Com. J. 5 ; 218 K. Hans. (3) ()-14, 1874 ; when 3i.r. Brand was cliosen speaker on motion of ]\[i'. Chaplin and Lord H. Javendish. Also remarks of Sir J. A. Mac- donald as to advantajjes of adopting the same practice in Canada. Can. Hans. (1878), 2. ' 218 E. Hans. (3) 10, itc. Can. Pari. Deb. (1874) 1. * 129 E. Com. J. 5. •' Hatsell says : Wlien the mace lies upon the table it is a Honse ; when luuhr, it is a committee. When it i.s out of the House, no business can be done; when from the table and upon the Serjeant's shoulder, the speaker alone manages Before the election of speaker, it should be under the table, and the House cannot proceed to the election of a new speaker without the mace. 2 Hatsell, 218. The mace remains in tlie custody of the speaker until he resigns his office. It accompanies him on all state occasions, see supra 212. The mace now in use belonged to the old legis- lative assembly of Canada, and was carried away by the rioters on the 25th of April, 1849, when the parliament house was burned down at Montreal, after the aseent of the governor-general, Lord Elgin, to the Rebellion Losses Bill. It was subsequently recovered, however, and was lying on the floor of the hall when the assembly met on the 26th in the Bonsecours market- Two of the gilt beavers were missing, having been ■m iil m.. - \\\ ti ' ' f i 21S MEEriNG OF PARLIAMENT. the following- day, or to such time as the governor-general will formally open parliament. At the hour lixod for this purpose the speaker will take the chair and read prayers before the doors are opened/ After which he will await the arrival of the " black rod " who presents himself in the manner previously described. When that func- tionary has delivered his message desiring the attendance of the Commons, the speaker elect, with the House, will proceed to the Senate chamber, where he will acquaint his Excellency that the House had " elected him to be their speaker, and will humbly claim all their undoubted rights and privileges." On behalf of his Excellency, the speaker of the Senate will reply that " he freely confides in the duty and attachment of the House of Commons to her Majesty's person and government, and upon all occa- sions will recognize and allow their constitutional privi- leges, etc." - The choice of speaker by the Canadian Commons, it will be seen by the foregoing form, is not "confirmed" and " approved " as in the English house." In the old legis- latures of Canada previous to 1841 the speakers always presented themselves for, and received, the approval of the governors ; ' but a difficulty arose in 1827 in the legis- lature of Lower Canada in consequence of the refusal of Lord Dalhousie, then governor-general, to accept Mr. Papineau as speaker. The assembly passed resolutions declaring that the course followed by the governor-gen- erel was unconstitutional, inasmuch as the act of parlia- ment under which the legislature was constituted " did wrenched off by the rioters. The legislatures of Nova Scotia, New Bruns- wick, and Prince Edward Island have never used a mace. See Canadian Monthly for August, 1881, article by Mr. Speaker Clarke on the mace. ' See chapter vii., s. 10. = Sen. and Com. J. 1807-8, 1873, 1874, 170, 18S3, 1887, 1891. For the for- mula when a speaker is elected during a parliament and no reference to privileges is made, see Journals of 1878 ; also suj>ra, 234. ' 129 E. Com. J. 5 ; May, 201. ' Low. Can. Ass. J. (1792) 20;Upp. Can. Ass. J. (1792)5. ELECTION OF SPEAKER. 219 not require the approval of the person chosen as speaker by the person administering the government of the prov- ince in the name of his Majesty." The assembly also ex- punged the proceedings from their journals, as had been done by the English Commons in 1678 in the famous case of Sir E. Seymour.' No compromise being possible under the circumstances, the governor-general prorogued par- liament. In a subsequent session, the choice of Mr. Fapineau, as speaker, was " approved " by Sir James Kempt, who had succeeded Lord Dalhousie as governor- general.- The form of approval continued to be observed in the legislatures of Upper and Lower Canada until the union of the two provinces ' in 1841, when it was discon- tinued in the first session of the parliament of Canada as the act of union was silent on the point.' In the legis- latures of Nova Scotia, New Brunswick and Prince Edward Island the lieutenant-governors continue as for- merly to ratify the choice of the assembly ; ^ but in the ' 4 Purl. Hist. 1092 ; 3Iay, 203. '^ Christie, ill. 142, 218. It appears that Mr. Papineaii had reflected very strongly in his addresses and maniftstoes upon the governor-general. Jh. 140. •' The sj)eaker, on these occasions, generally said : " It has pleased tlie house of assembly to elect me as their speaker. In their name I there- fore pray that your Excellency may approve of their choice." To which the speaker of the legislative council repliod; '"I am commanded by H. E. the governor-in-chief to inform you that he allows and confirms the choice that the assembly have made of yon as their speaker." Low. Can. Ass. J. (1835) 21. It is interesting to note, however, that this formal mode of confirming and approving the choice of speaker was not followed in the first session of the first parliament of Lower Canada. On this occasion the representative of the Crown simply stated that he had "no doubt that the house had made a good choice." Low. Can. Ass. J. (1792) 20. ' 3 and 4 Vict., c. 35, s. 33. Leg. Ass. J. (1841) 2, 3. •■' N. S. Ass. J. (1883) 5, 6. N. B. Ass. J. (1879) 11, 12. P. E. L Ass. J. (1877) 5. As far back as 1806, Sir John Wentworth, governor of Nova Scotia, refused to ratify the choice of W. Cottnain Tonge as speaker by the assembly, which body, while expressing regret at the US3 of a prerog- ative long disused in Great Britain, acquiesced and elected Mr. Wilkins. I r ^S' 1 1.1 M' 280 MEETING <>E VA HI. 1. 1 MEXT. !^f logislaturos of Ontivrio, Quebec, British Coliunl)ia and Manitoba, no " appvoval" is given, the same I'onn l)ein. •' Can. Com. J. ] 8(17-8, 1873, 1874, 1879, 1883, 1887, 18<)1, j). 3. •' Low. Can. .T., vol. D, p. 30. Can. Com. J. (1807-8) 3, and all subsequent sessions. 129 K. Com. J. 12. Sen. S. 0. 1. ; Sen. .1. (lS()7-8) GO, iScc. May, 47,222. 2HatselI,82. The resolution of the 22nd March, 1G03, orders this procedure : "That the first day of every sitting, in every parliament, some one bill, and no more, receiveth a first reading for form's sake." (OXSlDERA'rroX of the SI'KEf'lI. 281 fspoakcr to ri^id the spoo(!h, as priiitt'd copies are always (Ii,>stributed imm»'diatoly amoii£^ the meinlx'i-s ; but it is ciitored on the journals as ivad.' The i)ivnii('r, or other mcmbiM' of govcrnniont in his absence, will move that the speech be taken into consideration on a i'uture day, gen- erally on the following' day, ii' the House should meet at that time/ On some occasions, to suit the conveniein-e ol'the House, wh«Mi important matters are to come up lor debate, and time is required ibr the consideration oi' cer- tain papers, the speech is not taken u)) for several days.' It may, however, be immediately consider^ — and this is in accordance with the ICnglish practice — alter it has been reported to the House.' Wlu^n the speech has bec^n ordered to l)e taken into consideration on a future day, it is the practice to move the formal resolution providing for the appointment of the st'lcct standing committees of the House, and to lay be- fore the House the report of the librarian, or other papers.' It is not deemed courteous to the Crown in the Canadian houses to discuss any matter of public policy before con- sidering the speech. In 18t8, Mr. Barthe introduced a bill in reference to insolvency, but withdrew it in de- ference to the wishes of the House until the address was adopted." Of course circumstances may arise when the ' Can. Com. J. (1S77) 10 ; Ih. (1SS3) L"). If the .speech is read, it is not necessary tliat members stand nncovered, as it is only a copy, not an ad- dress uniler the siun manual. Mr. Speaker I'eei, 28 Oct., 1884. See iufrn, chap. xii. s. 1. ■' Can. Com. J. (1S77) 10 ; lb. (188:5) 14. " Can. Com. J. 187:], October sess., 119 : matters relative to tlie Can- adian Pacific Railway were then considered, and Sir J. A. ]Macdonald, premier, resigned. ' 129 E. Com. J. 13 ; 237 E. Hans. (3) 7, 59. The practice in the Eng- lish Parliament is invariable. In 1822 an attempt was made to defer the consideration of the sj)eecli for two days, l)ut without success. Todd, ii. o(32. G E. Hans. N. S. 27, 47 ; 72 lb. GO. '" Can. Com. J. (1867-8) o ; lb. (1873) Oct. sess. 119 ; lb. (1878) 14 ; lb. (1890) G. " Can. Hans. (1878) 18-19. m 'ii M ■ ! • 1 1 J \f I . ll M ^1 J .11 282 MEETISG OF rAJiLIAMKXT. House may coiisidor it iiocossary to act othorwise.' It is not an uiUTsual practioo in tho English Commons to ask questions, move addresses for papers, and to present peti- tions while the address is under consideration," and in the session, when the debate has been prolonged, public bills have been introduced and discussed on the motion for leave before the address has been acrreed to. ' "When the clerk has read the order of the day for taking into consideration the speech of the governor-general — or as soon as the speech has been reported by the speaker, in case it is immediately considered — a resolution will be proposed for an address in answer. The government choose two members to move and second the address, generally two of the junior members.' In the English Commons those members appear in uniform or full dress ; but in the Canadian house this formality is very rarely observed. This resolution is read and agreed to like other resolutions.' Frequently the question is put separ- ately upon each paragraph of the resolution." When a paragraph has been again read and the question proposed by the chair, a general debate may take place on such par- agraph ; " or amendments may be proposed thereto. "" ' 2 Halsell, SOS. -137 E. Haiis. (•!) lo6-15S ; E. Com. J. 1876. 2 Hatsell, 309; May, 48, 49. ■'■ 2(i6 E. Hans. 326, 342 ; 137 E. Com. J. 11. 16, c<:o. In 1SS9 Mr. Abbott introduced in the Senate three government bills, mentioned in the speech, before the address in answer thereto was considered. Objection was taken to this departure from the ordinary course of procedure. The bills were placed on the order i)aper for consideration subsequent to tlie address. Sen. Deb. (18S9) 4-G, 28-37. In the following session tlie usual and convenient procedure was followed. ^ Can. Hans. (1S7.S) 29, 39, Sir J. Macdonald's and Mr. Masson's remarks. '•> Can. Com. J. (1890) 8. '■ Jb. (1867-8) 11 ; lb. (1873) October session, 126 ; lb. (187.5) .56. ' Ih. (1867-8) 11 ; lb. (1870) 16 ; lb. (1878) 19-21. " lb. (1873) October session, 126,128. In the English Commons amend- ments )nay be proposed to any paragraph in the same form as amend- ments to other questions, when the speaker has proposed the question COysiDKRATloX OF THE sl'KFJ II. 283 Members who have spoken on one paragraph may spt'ak again on the question being ])ropose(l on a subse- ijnent paragraph, which is obvionsly a distinrt question.' "When the House has agreed to the resolution, it is re- l. 13 138 Ih. 7, 10. ^ Par). Deb. 1867-S. Remarks of Sir J. A. Macdonakl as to the right of Mr. Howe to address the House a second time. In tlie English House a general debate may take place on every amendment moved to a parti- cular paragraph. 102 E. Hans. (3) 74-219. ■Can. Com. J. (1883) IS; Il>. (1890) 8. •' May, 224 ; 129 E. Com. J. 29. Can. Com. ,T. (1867-8) 15 ; lb. (1877) 17. ' Ih. (1883) 20. In England sinco 1888, (S. 0., Feb. 29,) Ihe stages of committee and report on address have been discontinued. '•> Can. Com. J. (1877) 18 ; lb. (1883) 20. •284 MEI-yriSG OF I'AULlAMESr. IVanit'd ill .>su«h tt'iiusas may avoid the iit'cfssity on tlm part ol till' oppo.siti(3ii ol' moviiii;" any amciidmont or open- ing' up II prolonu't'd dobatf,' It is lelt that the (juo-stions mentioned in the spooch can be more convonitMitly dis- cussed wht'u the House is in full j^ossession ol" all the iu- lormation necessary to the cousideration oi' any important subject. Sometimes. however, the House may ])e called upon to express its opinions at length, and to vote on an anieud- ment to the ados- sible, and to conline the del)ate to a general review of the policy of the government, without taking up those speci- fic subjects on whiihthe necessary information is not yet before the Houses.' It i.s felt desirable, whenever prac- ticable, to allow the address to pass without a division and "be in point of fact thi^ unanimous and respectful expression of the deference with which the Houses re- ceive the iirst communication of the session '" from the sovereign or her representative.' But of course whilst there is a growing disposition oji the part ol' the Houses in Canada and England to limit debate on the address, yet it is always open to any num- lier of members to avail themselves of the great latitude that they have at this stage of discussing public matters. ' Can. Hans. (IS?.")) Sir .1. A. ^UicdonaM, 12; Can. Hans. (ISTS) re- marks of tlie i»reniier, Mr. Mackenzie, oO. !}>. (1870) ItJ. 1232 E. Hans. (.3) :;!, Mar4ue.S3ofHartin;.:ton. Minor of P., 1831-2, pp. 27-29; 111* E. Hans. (3) 13, .SO. -' Can. ( 'cm. .T. (1S73 October sessio i)i 120. In 187S a very lengthy .ebate took place on tlie address. Tlie tariff was one of the i)rincipal topics of discussion, and the inconvenience of discussing it at that >«ta^e was evident from tlie fact that the same subject came up again on the bud- get. From 1879 to 1890 the debate commenced and ended on the same day, generally before six o'clock p m. In 1S91 the debate on the address was continued from Friday to Monday when it ended before six p.m. »Todd, ii. 363-30.) ; 232 E. Hans (3)" 45, 54, 50, 73. * 144 E. Hans (3) 22-44. Lord Derby, and Earl of Clarendon. I'liOCKRIUSas IS SlllSEiil'K^^T sESSloys. 285 In tho session of 1882, the address \vas dtliatcd in the llng-lisli House of Commons for several days, in i'aet even to an inordinate extent.' and the saint- has happened in subsequent years ; but thf sense of the House is obviously opposed to these prolonii'ed diseussions, Avhidi are not lik'-ly to occur except under su*h exceptional eirt unistan- ces as have existed for some time past to complicate the d'batcs of the English Parliament. V. Proceedings in subsequent Sessions — In s-ssions, subse- quent to the iirst, the two Houses assemble at the time appointed, Avith the speaker in the chair of each. Prayers will be read in each house, and new menibirs may l)e in- troduced in the Senate in the manner described in chapter two. The Senate will then adjourn tluring- pleasure, and, on resuming-, the Commons will be summoned with the usual formalities as soon as his Exct-lli'ucy the Gover- nor-General has taken his seat on the throne. The Com- mons being' present at the bar, the governor-gvneral will open parliament with the usual speech, and the Commons will then return to their house.- Before the speaker has announced the speech, it will be his duty to inform the House immediately of any notifications of vacancies in the representation, and to lay before it any returns, reports, or papers relative to the election of members — all of \vhich must be entered on the journals.' The speech will then be taken up as in the manner previously described. VL Prorogation.— The proceedings at the prorogation of parliament may now be briefly described. As soon as the business of the two Houses is concluded, or so nearly concluded that there can be no doubt as to the time of prorogation, it is customary for the governor-general ' The debate commenced on the 7th. Feb. and did not close until the 18th. ^Sen. J. (1877) 13-18; Com. J. 1871, 1877, 1878, 1890, &c. •'Can. Com. J. (1875) 1-52; Ih. (1877) 1-9, &c. fflfi ^!|i ' : s t\ I > ^i 286 PEOnOOATlOX OF PAIUJAMEXT. through his secretary, to inform the speaker of each House that he will proceed to the Senate chamber at a certain hour to close the session.' On the day, and at the hour appointed, the two Houses assemble, and as soon as his Excellency has taken his j-ilace on the throne the speaktn* of the Senate will command the gvntlemau usher of the black rod to proceed to the House of Commons and acquaint that House: — "it is his Excellency's pleasure they attend him immediately in this house." The ser- jeant-at-arms in the Commons will announce the message in the usual words : '" A message from his Excellency, the governor-general ;"' and th ' speaker will reply : " admit the messenger." The black rod presents himself in the way already described, and informs the House : " I am commanded by his Excellency the governor-general to acquaint this honourable House that it is the pleasure of his Excellency that the members thereof do forthwith attend him in die Senate chamber." When the messenger from the Senate has retired, the speaker will proceed with the Commons to the Senate chamber, and take his proper place ai the bar. The clerk of the crown in chancery will then proceed to read the titles of the bills, and when these have been assented to, or reserved iu the manner here- after described.- the speaker will make the usual speech iu presenting the supply bill, to which the royal assent will oe given in the prescribed words.' Then his Excel- lency, the governor-general, will proceed to deliver the speech customary at the close oi the session. When his Excellency has concluded reading the speech iu the two languages, the speaker of th" Senate will say: "It is his Excellency the governor-general's will and pleasure ' Sen. J. (ISTS) l^tl ; //-. {l^i^S;]) 282. Com. J. (1S70) :352 : Ih. (lS83i 435, tS:c. In 1SS6, the lIoi]se.s were prorogued at half-past ei,itiit o'clook in the evening of June '2 in order to meet the convenience oi" the governor- goiierali — tlie hour is generally hot ween three and four in the afternoon. '-' .See chap, xviii. on Bills, s. 25. ■'Chaii. xvii. on iSupply, s. lo. PROCEEDINGS IS THE SEXATi:. 287 -, to be that this Parliament be piorog'ued until then here holden ; and this rarliament is accordingly prorof;-iied until ." The Commons then retire, luid the session is at an end according- to law." At the end of a session, as we have just seen, the speaker of the Senate announces his Excellency's will and pleasure that parliament be prorogued, but subsequently this is done in the " Canada Grazette," through the clerk of the crown in chancery." The governor-general may, however, with the advice of his council, summon parlia- ment for the transaction of business at any time after the issue of the proclamation of prorogation.' When parlia- ment has been dissolved and summoned for a certain day, it meets on that day for the despatch of business, if not previously prorogued, without any proclamation for that purpose, the notice of such meeting being comprised in the proclamation of dissolution and the writs then issued.' The governor-general will be always guided hy British constitutional practice with respect to the prorogation and dissolution of parliament, and when he declines the advice of his responsible ministers in such matters he intimates that he has no longer confidence in them and virtually dismisses them from his counsels.'' In old times of English parliamentary history, it was not unusual for the Crown to signify its pleasure that parliament should be adjourned till a certain day ; but ' .'^en. J. (1SS3) 29i.'-9S. Can. Com. J. (1883) 438-41, c^c. In the case of the Ontario legislatme, it is not necessary for the lieutenant-governor to name any day to whicli tlie same is prorogueil, nor to issue a general protlamation except wlien it lias to be called to^^oUier for the despatch of business. Out. Rev. Stat-, c 11, s. 5. ■^See proclamations at commencement of Journals- Also "Canada Gazette," 1867-91. ^Journals (1S79) ix-x. ♦May, 51. ' See reply of Lord Dafferin in 1873 to a deputation of members of par- liament who called on him to prorogue the Houses contrary to the advice of his privy council. Com. J. (1873), 2nd session, ol-3L\ A I . I It HLl I I l-pl «f>i ' >ii 288 PROROGATION OF PARLIAMENT. even then it appears that the House did not think itself bound to obey the sovereign's commands.' But no case of this kind has occurred in Enghind since 1814 ;■ and none can now ever arise under the constitutional system which makes the ministry responsible for the acts of the Crown. In Canada, such cases have never occurred. When it is sometimes found necessary, as in 1873, to have a long adjournment, ministers must assume the responsi- bility, and convince the House of the necessity of such a course.' VII. Effect of Prorogation.— A prorogation necessarily puts an end, for the time being, to the functions of the legisla- tive body, ?.c an adjournment is a continuation from day to day of the functions of each of its branches.' The legal effect of a prorogation is to conclude a session ; by which all bills and other proceedings of a legislative character depending in either branch, in whatever state they are at the time, are entirely terminated, and must be commenced anew, in the next session, precisely as if they had never been begun."' In like manner a prorogation has the effect of dissolving all committees, whether standing or select.'' In the case of private bills, ho^' "ver, relief has been fre- quently granted to the parties concerned in promoting or opposing such measures, when a session of parliament has been brought to a premature close on account of the exigencies of political conflict. This has been done by the adoption of resolutions, permitting such bills to be re-introduced in the following session, and by means of pro forma and unopposed motions advanced to the stages at which they severally stood when the prorogation took ' 2 Hatsell, 317-321. May, 51. ^ 49 Lords' J. 747 ; 69 E. Cora. J. 132. •'' Despatch of Lord Dnfferin ; Com. Jour. 1873, 2ih1 sess., 16. ^ Cushing, sec. 519. ^ Hatsell, 335. May, 49. 1 Blackst., 186. " 5 Grey, 374 ; 9 lb,, 350. Can. Com. J. (1873, 2nd sess.) 16. DTSSOLVTIOy. 289 place.' But such a procoduro is only justifiable under circumstances of grave urgency, and in view of an abrupt and premature termination of the session.- The House of Commons in England has never agreed to proposals that have been sometimes made to give the statutory power to either House of suspending a public bill, and res^ ming it in the ensuing session at the precise stage where it had been dropped.' VIII. Dissohition.— Parliament was formerly terminated on the demise of the Crown in Canada as in England.' The legislature of Canada, in 1813, passed an act providing that " no parliament of this province, summoned or called by our sovereign lady the queen, or her heirs and suc- cessoTS, shall determine or be dissolved by the demise of the Crown, but shall continue to meet, notwithstanding- such demise." '' This act was re-enacted in the first ses- sion of the parliament of the dominion of Canada." Parliament may be dissolved at any time by the Crown, under the advice and consent of the privy council. It is the rule in Canada as in England, when it is intended to dissolve parliament, hrst to prorogue it to a certain 'Todd's I'arl. Gov. in Eiiy;land, i. :]SS. SC. E. Com. J. (IS^l) part 2, p-.-iL'S. Mirror of P. (1S41) 2303, 234li ; 144 E. Hans. (3) 2209; 1-53 Ih. 1528. 1G07. Leg. Ass. J., Auij;ast sess. of 1803, pp. 01, 93, 282, 288; 1805, Jan. se.iii' M 1 1 292 ORDER OF ni'slXESS. Ash-Wednesday;' Ascension Day;- Corpus Christi;'^ Annunciation ; ' St. Peter and St. Paul ; ' Good Friday ; '' Easter Monday ; ' Queen's Birthday.' The House of Com- mons has sat on Easter Monday, when it has been neces- sary to close the business of the session expeditiously.'' It is the practice to make the following formal motion, in case of a proposed adjournment, some time in the course of the day before the speaker leaves the chair: "That when this House adjourns this day, it do stand adjourned till next." " In 1S72 the Houses adjourned over the day appointed to givj thanks for the recovery of the Prince of AYales." III. Long Adjournments.— During the first session of the parliament of the dominion, the Houses adjourned from the 21st of December to the 12th of March, in order to 'Can. Com. J. (1870), 31; 7'\1S71, 1875, 1870, 1^77, 1878, 1879, 1881, 1885, 188G, 1890. ' IL 1S69; /A. 1873; lb. 1S7S; ll>. 18S3; lb. 18S5; lb. 1800. But tlie Semite met on this day to close business, prorogation being arranged for tlie following day. ■' lb. (]8Ci9), 137. * i/..-(l870), 107; Jb. 1873; lb. 1878 ; lb. 1879; lb. 1880; 76. 1885; //^ 1890. ^ lb. 1885. " //'. (1870), 181, invariably every session. " //'. (1870), 196; lb. (1SS3), 147; also in 1885, 1S8G, and 1890. 'lb. (1869), 122 ; lb. (1872), 163 ; lb. (1883), 435. Jb. (1891). The Se- nate in 1883 met on the Queen's Birthday on account of the urgent state of the public business. Tlie House adjourned d';.ring i)leasure on the pre- vious day and met on the Queen's Birthday by general consent. See Hans. 657, 658. No entry consequently is made of the meeting on that day. Jour. 288. "Tlie Houpe'sat on Easter Monday in 1877 and 1878. I" Can. Cora. J. (1869), 122 ; i6. (1877), 25. In case it is decided not to sit in the evening for some special reason, it is usual to make a formal motion to the efl'ect that "when Mr. Speaker leaves the chair at six o'clock, the House shall stand adjourned until to-morrow (or another day) at three o'clock." The speaker then, at six o'clock, leaves the chair without putting any question Can. Com. J. (18S0-1), 92; Gov.-Gen.'s levee, Hans. 485 ; St. Patrick's day, 1885. " Sen. J. (1872), 24 ; Com. J., 8.' DECEASE OF MEMBERS. 203 give lull opportuuity to the government to consider and complete all the measures necessary to the inauguration of a new constitutional system. In such a case it is usual for the governor-general to come down on or before the day of adjournment, for the purpose of assenting to all the bills that have passed the two Houses.' In 1873 the Houses adjourned from the 12th of May to the 13th of August, in order to receive the report of a committee appointed by the Commons to inquire into certain matters lounected with the construction of the Canadian Pacific Ilailway.- There was a second session of parliament during the autumn of the same year. Again in Decem- ber, 1880, the Houses met for the purpose of considering the contract for the construction of the Canadian Pacific Ilailway, and adjourned from the 24th of the mouth to the 4th of January, 1881. The Houses did not sit on the Epiphany when they resumed business. IV- Decease of Members -It was the practice in the Senate up to a very recent date always to adjourn the House out of respect to a deceased senator ; but this is now done only in exceptional cases.' The House adjourned, for instance, on the death of Mr. Christie, formerly speaker, and two senators \\ere named to attend the funeral.' The Senate has also more than once adjourned to show respect to the memory of a distinguished member of the Housi- of Commons.' But though the ' Can. Com. .T. 18G7, Deo. 21. - //.. (1873), 423, 43d, 437. •'Sen. Deb. (1^71), (i-S; //-. (L>72), 11: ///. (1873), 233-235, kc. Jour. {1S72), 2!), 1.^1'. In the case of Senator Bourinot, one of the ori<;inal mem- bers of the Senate, who died durinLr the session of 1884, the House ad- journed. Hans. 33-34. 'Sen. Hans. (1880-8)), 44-45; Jour. 39, 40. Upon this occasion :VIr. Scott referred to the practice of tlie Senate. When Speaker Phiinb died suddenly in the session of ISSS, the Senate had adjourned for a fortnight ; upon its re-assembling on the 13th Marcli, the House was formally ad- journed out of respect to his memory. M)'Arcy McGee, 18tJ7-8. Sen. J. 213; Sir George E. Cartier, ^873, Debates, 284 ; Jour. 300. ! I I i I t "/ -;^* ft *< h!>li .*!« 294 ORDER OF BUSINESS. Senate does not now adjourn under ordinary circum- stances, a member may refer in appropriate terms to a deceased senator.' It was formerly also the usage for the House of Com- mons to adjourn when it was informed of the decease of a member." In 18G8, the House adjourned on the news of the assassination of Mr. McGee, whilst on his way home from the Commons.' The House has also adjourned to give an opportunity to members to attend the funeral of some distinguished person, who was not at the time a member.' The practice has been followed only in excep- tional cases since 1871,' — that of Mr. Holton, a promi- nent and respected member, in 1880 ; " that of Mr. "White, minister of the interior, in 1888 : ' that of Mr. Plumb, speaker of the Senate, and an old member of the Com- mons, in 1888 ;^ that of Mr. Pope, minister of railways, in 1889.'' In June, 1891, a state funeral was given the great premier, Sir John Macdonald, and the Houses ad- journed for several days."' The expediency of adhering to the practice of the Euglish Parliament except under extraordinary circumstances has been more than once strongly urged by leading members on both sides of the House." It is now usual in the Commons, when orders * Sen. Hans. (ISSC), 211 (death of Sen. Seymour). - Can. Com. J. (1870), 11-1, 175; Pad. Deb., 71S. ■' Can. Com. J. (18G7-8), 1S6. ' lb. (1S69), 100; H. J. Friel, Mayor of Ottawa. *Parl. Deb. 1872, p. 181; remarks of Sir J. A. Macdonald on the occa- sion of the death of J. Sandfield Macdonald, who had himself urged a change of practice in this particular. "Can. Com. J. (1880), 137; Hans. G49. ' Can. Com. J. (1888), 208 ; Hans. 9(32. «Can. Com. J. (1888), 94; Hans. 124. "Can. Com. J. (1889), 218 ; Hans. 943, 1017. ^Ub. (1891) June 8. " Can. Hans. (1880-1), 223-4. See May 241-2. Both English houses ad- journed after the assassination of Lord Cavendish ani Mr. Burke ; 2G^ E. Hans. (3) 315, 319. Also in case of death of Mr. Wykeham Martin in the library of the House in 1878. PROTRACTED SITTINGS. 295 are called or at some other convenient time of the day, to make some remarks on the decease of a member.' V. Two Sittings on one Day.— If it is intended to meet ear- lier next day, a formal motion should be made previous to the adjournment of the House, as in the case of holi- days or church festivals.- Sometimes the House adjourns at six until half-past seven o'clock, in order to have two sittings on the same day ; ' in some cases, three distinct sittings have been haxl on one day.^ When election com- mittees met before the passage of the act providing for the trial of controverted elections by the judges, the House was frequently adjourned for a few minutes in order to enable those committees to assemble in accordance with law.'' VI. Protracted Sittings.— The House of Commons sits very frequently after midnight, and when it does so the fact must be recorded in the journals." It has been attempted several times to limit the sitting of the House to a certain hour every night, but the motion has been withdrawn when leading members on both sides have shown that it is practically impossible to carry it out on all occasions/ In 1877, a sort of understanding was arrived at that the House should adjourn at or near midnight, whenever it could be done without interfering with the progress of business before the House ; but even this understanding could never be carried out.^ In the old Canadian legisla- 'Col. Williams, 6tli July, 1885; Mr. Thompson of Haldimaiul, 19th April, 18S6 ; Mr. Moflfatt, 26th April, 1887 ; Mr. Perley of Ottawa, 1st April. 1890. • Can. Com. J. (1870), 22G ; lb. (1871), 221, 256, 275, 298 ; lb. (1878), 220 ; lb. (1885), G75, 677, Ub. (1867-8), 59, SO, 315; lb. (1878), 292. The same course has been followed in the Senate. Jour. (1880), 234. * Leg. Ass. J. (1866), 355. ' Can. Cora. J. (1867-8), 207, 218, 301. Cons. Stat. c. 7, s. 79. " Can. Com. J. (1877), 98. lb. (1878), 283, etc. ■ Can. Hans. (1877), 99-103 ; //■. (1878), 393-5. •* lb. (1878), 393. ' Ui. I 'J f . '-' ! * u» .5'f li n 296 OHDEIi OF in'siNEs.s. ture the House sat in 18')S from three o'clock ou the aftor- nooii oi' May 2o till six o'clock in the eveninu' of th'» fol- lowing- day. On this occasion Mr. vSpeuker decided that the orders of the 25th of May must 1)0 proceeded with after three o'clock p.m. on the 2t)th of May, as there had been no adjournment since the previous day, and no new meetino" of the House under the first rule.' In the fol- lowing year, the House sat still longer, for nearly 3!) hours, with two intermissions at six o'clock p.m. on each day.- The House of Commons also sat from three o'clock on Friday to six p.m. on Saturday evening, on the occa- sion of an exciting debate with respect to the constitu- tionality of the action taken by Lieutciant-G-overuor Letel- lier de St. Just in the winter of 1878, when he dismissed the de Boucherville ministry in the province of Quebe(\ ' In the session of 1885, when the dominion franchise bill was under consideration, the House sat from three o'clock on Monday, April 27th, until after ten o'clock on Tuesday night, April 28th. with the usual recesses from six to seven p.m. It also had a remarkably protracted sitting — the same question being uiuler discussion — from three o'clock p.m. on Thursday, April 30th, until the midnight of Saturday, May 2nd, with an intermission at six o'clock on each day,' The English parliament has occasionally met on Sun- days, but only in cases of grave necessity.' On one ' Speak. 1). 2S. .Tourmilf!, oOfi-olo. ^Seigniorial Tenure Resolutions, April 14 and 15,1859. ■' Ajn-il 12th and IStli, 1S7S. On this occasion the Hou.se was a scene of great disorder; the oi)i)osition heing determined to de])ate the (juestion at length, despite the wish of the ministerial supporters to bring it to a close. The sittings of 1858 and 185'J were al^^o characterized by much confusion and irrelevant debate. * Can. Com. J. (1SS5), o48--353. S54-357. See also a long sitting on March 26-27, 1890. ^On the denude of the Crown, 1-5 E. Com. .T. 782; IS lb. 3; 28 lb. 929, 933; 75 JL 82, 89. Commonwealth period, 1G41. The plot, 1678. Eeform bill, 18th December, 1831. Habeas corpus susi)ension act (Ire- AVJOVRSMEyr DvniSG PLEAS I -nn. 207 ocoasiou since 1807 the Commons o-f Canada sat over Saturday until nearly one o'clock on Sunday morning.' VII. Proceedings at 6 o'clock and half-past 7 p.m.— As .soon as six o'clock arrives during a .sitting, and it is intended to continue business in the evening, the speaker leaves the chair, and resumes it at half-past seven o'clock. The rules of the two Houses on this point iire the same . '■ '•If at the houf of six o'cloclc ]i.in.. t!u' Im-iiu'ss of thollou-o Ijo iii>t concluded, the Ni)calver slmll leave llic chiiir until li!ilf-ii:ist >cvcii." No record is made of the {\\ct in the journals, for the mace is left on the table, and the House is considered still in session. K the House is in committee of the \vholt>. the speaker takes the chair at six and makes the usual announcement : "It being six o'clock, I leave the chair." The speaker will take the chair at half-past seven o'clock, and call on the chairman to resume. In case private bills ore fixed for the first hour after hal.'-past seven (K. 10) they must be first disposed of, and then the committee resumes. ' VIII. Adjournment during Pleasure.— The Senate and Com- moiis also sometimes suspend a sitting dtiring pleastire, or with an understanding that they resume at a certain hour. This is done constantly at the close of a session, whilst one House is waiting for messages from the other.' As the House is technically in session — the mace being on the table as at six o'clock — no entry is made of the fact in the Commons journals ;■' but it is always recorded in the land), Feb. IStli, ISdfj. The House sat into Sunday, on 3rd July, 1880, and on several occasions since then. ' Can. Com. .1. (1870), 237 ; interest bill. ■-= Sen. R. 4 ; Com., 2. « Can. Com. J. (1874), 113 ; lb. (1878), 118-121 ; Ih. (18S3), 153, 223; lb. (1886), 181, 133. * Sen. J. (1867-8), lOD, &p. See mpra, 292 n. (Queen's Birthday). ' May, 241. I f 1 I !, ' '\',\ I A! •i\ t( ., :i rj i;* 298 ORDER OFBl'SINESS. Senate minutes.' But every formal motion for adjourn- ment — even for half an hour* — must be entered as well as the time at which the House of Commons adjourns every sittinsr after midnight.' *o' IX. Quorum.— By the Soth and 48th sections of the British North America Act, 18G7. it is provided that the presence of at least 15 J^euators and 20 members of the House of Commons, including the speaker, shall be necessary to constitute a raeetini»-of either House, for the exercise of its powers. Both Houses have standing orders on this matter. Under the orders of the Senate, it is provided : '' 5. If thirty minutes after the time of meetinic, fifteen senators, inchulini^ tho s|5ealcci', iiro not present, the ^speaker takes the chair, and adjourns the ilouso till the next sitting tlay ; tho names of the senators present being taken down hy the clerk." ' " G. When it appears, during the sitting of tho Senate, on notice being taken that tiftcen senators, including tho speaker, are not present, the senators who may bo in the adjoining rooms being previously summoned, tho speaker atl.iourns the Ilouso as above, without a question tirst put." The standing orders of the House of Commons are as follows : " 1. Tho time for the ordinary meeting of tho House is at three o'clock in the afternoon of each sitting day; and if at that hour there bo not a quoruni, Mr. Speaker may take tho chair and adjourn." " 4. Whenever the speaker shall adjourn the House for want of a quorum, the time of the adjournment jmd tho names of tho members then present, shall bo inserted in tho journal." Accordingly when the attention of the speaker has been called to the fact that there is no quorum present, he will ' Sen. J. (1877), 309. -' Can. Com. J. (1870), 13. ■' lb. (1877), 2.37; Jb. (1878), 224; lb. (1883), 317. 137 E. Com. J. 440. * In the House of Lords, only three lords may constitute a quorum, May, 235. j'RA runs. 209 procved at onoe to couut the House, and if there are not twenty members nresont, inelnding himself, the clerk will take down tae names, and th«' speaker will then adjourn the House without a question first put until the usual hour on the next sitting day.' If it should appear, after a division, that a quorum is not present, the House should be adjourned immediately ;- but when it is found in committee of the whole that twenty members are not in the House, the committee must rise, and the chairman report the fact to the speaker, who will again count the House, and when there is not a quorum, he must adjourn the House forthwith ; while the House is being counted the doors remain open and members can come in during the whole time occupied by the counting.' A "couut out " will always supersede any question that is before the House ; and if an order of the day for supply, or for the reading or committal of a bill, be under consideration at the time, and there is no quorum present, the House must be asked at a subsequent sitting to revive the question that may have lapsed in this way.' A " count out " is of constant occurrence in the English House of Commons ;'' but only one case has happened in the Canadian Commons since 1867." X. Prayers.— Like the old legislative councils of Canada, the Senate have always opened their proceedings with ' Can. (.'om. J. (1S09), 243. A member may direct attention to the fact while a member is speaking: Can. Plans., (isso), 153.5; 104 E. Hans., (3), 682. - 23 E. Com. J. 700 ; lb. 845 ; 135, Ih. 385. ' May, 237. ' 131 E. Com. J. 391, 329; forfeiture relief bill, ordered to be considered on a future day. 235 E. Hans. (3), 203; 131 E. Com. J. 282-3, Com. of supply. 137 Jb. 18, 297, 306, 483. ^ On Tuesdays and Fridays, sess. of 1873, 14 times; Pari. P. 1873, vol. 53, p. 1. In 1882, 20 times ; Jour. vol. 137 " In 1869, Jour. 243. Several cases can be found in the journals of the legislative assembly of Canada ( 1858), 231 ; (1861), 342 ; (1865, Aug. Sess), 110 m St: I 1 * f ' Lu M i t t ': \i ■F" 300 (>i:in:n of iwsimjss. r ' It |: prayi'i-s. and a ohaplaiu is appointed In' the g-overnor general for that purpose.' lie reads the prayers as soon as the speaker takes the chair, and before his Exoelleiuy present;; himself in the chamber at the opening of parlia- ment. - The old legislative assembly of Canada never com- menced its proceedings with prayer; ' antl it was not iintil the session of 1877 that steps were taken- in the <\uiadian House of Commons to follow the example of the British House in *his iiarticular. On motion of Mr. Macdonald of Toronto a committee was appointed to con- sider the subject, and it reported a form of prayer which appears in the appendix to this volume and is read by the speaker every day before the opening of the doors. The report.' which was adopted nein. con., ret*ommends that " the aforesaid form of prayer be read by Mr. Speaker in the language most iamiliar to him."' Mr. Speaker Blanchet read the prayers in l]nglish and French on alter- uati> days. In accordance with English practice, at the commence- ment of a new parliament, the speaker reads prayers on the day ibllowing his chn^tion, and bel'ore the causes of summons are anuounC(>d.' In subsequent sessions the -Sen. J. (1S74), l:;; //,. (1S7S), IT); //.. (lS7ii), 1(1; //-. (iss;?), i;i. Tlie <'lerk as-sistant lias read the prayers in tho ali.sonoe of the chaitlain. ■' I5nt tlie legislativo as.scmbly ef Upprr Canada luul a chaplain who jvad prayers daily. I'jjp. (_'an. .1. (17(12), S, The 1'. E. Island, New r.rnns- vii'k and Nova S^cotia le:_'islainres have aLso had u chaplain for many years. But in iSS] the speaker waa authorized in the Nova Scutia as- sen\bly to disdiarjio the duties of chaplain and a form of prayer was adojited, N. f^. .lour. ( ls>| ), h. In the New Urnnswick assendily, players are read by the .siieaker in the absence of the chaplain, K. 3S. 'Can. Com. .1. (.b^"), -<>, 42, •'Thi.s was added at the instance of the Frenoli-speakin; 121 E. Com. .1., i»; 12-J Ih., 5. Can. Com. J. (1S71»), 2; lb. (iss,!), 2. Mr. An^'Iin read prayers after his return from the Senate chamber in ls7s, when he was re-elected speaker. ORDER OF Bi'SL\j:SS. 301 prayers are said as soon as the Commons meet in tlu'ir ehamber, before going' up to the Senate, in obedienee to the eommand oi' Iter Majesty's representative.' In case of a vaeaney in the oMiee of speaker during a s"ssion of par- liament, prayers are only read after the eh^ction of a new speaker and before the House proi^:'eds to the upper chamber.- XI. Order of Business —It will now l)e found most con- venient to give some explanations of th(> manner in which the business of the Houses is transacted every day. The order of daily business after prayer in the Senate is as follows, under rule 12 : I'l'esenliition o\' petitions. lioadiiii;" of ])Ctiti()iis. Presenting I'cports of coniniiltoes (not ini'ludod in rule). Xotices of motions (this includes ([uestiuns). Motions (of wliicli notice has been given). Onicfs of til day. Orders of the day for the third reading (rule 45), take ])recedcnce of all others, except orders to which the Senate may have previously given priority. The orders (rule 13) which, at the adjournment, have not been proceeded with, are considered as postponed until the next sitting day, to take precedence of the orders of the day, unless otherwise ordered. The orders are taken in their regular order, though government orders, by consent, are generally allowed the precedence. Motions and orders are generally allowed to stand in the Scnat^^ when not taken up after being called. They are rarely dropped in the absence, or without the consent, of the member who has them in charge. ' May, 219 ; 137 E. Com. J., 1 ; Can. Com. J. (18S2), 1. In ISSQ-l it was necessary to follow the precedent of L'-TS, on account of the early arrival of the j^overnor-goneral. -' rJ7 E. Com. J., 23, 24 ; election of Mr. Speaker Brand. ? « ' If I ' 302 ORDER OF BUSINESS. lu the House of Commous, as soou as the speaker takes the chair, he calls the House to order, and then standing up, proceeds to read the authorized form of prayer.' all the members rising and remaining with their heads un- covered until the prayers are concluded. Then the speaker orders that the doors be opened, unless it is pro- posed to discuss some matter of privilege or of internal economy with closed doors. The routine business is next taken up in the order prescribed by rule 10 : Presenting petitions. Reading and receiving petitions. Presenting reports by standing and select committees. Motions." Introduction of Public Bills.'' The same rule also arranges the order of business, after daily routine, on the following days : Monday. Private bills. Questions put by membere. Notices of motions. Public bills and orders. Government notices of motion. Government orders. Tuesday. Government notices of motion. Government orders. Public bills and orders. Questions put by members. Other notices of motions. Private bills. ' See appendix G. '•' This includes motions for private bills which, being based on petition reported on by committeb on standing orders {infra, chap. xx. s. 4), re- quire no notice. •' This proceeding is not included in Rule 19, but is a matter of prac- tice, and intended to show the House that notice has been giveu of public bills. See inf, a, chap, xviii. s. 3. CALLING OF QUESTIONS AND ORDERS. 303 "Wednesday. Questions put by members. Notices of motions. Public bills and orders. {From half-past seven o'cloc7c2).m.) Private bills for tbe first bour. Public bills and orders. Government notices of motions. Government orders. Thursday. Questions put by members. Public bills and orders. Notices of motions. Government notices of motions. Government orders. Friday. Government notices of motions. Government orders. Public bills and orders. Questions put by membei-s. Otber notices of motions. (^From half-past seven o'clock, p.m.) Private bills for the first hour. I^Mch member of the Senate and House of Commons is providpd every day with a printed sheet, in which the busiuc js of the day is arranged in accordance with the rules and orders. In the Commons a special order paper is printed for every sitting day ; in the Senate the bus- iness of the day is stated at the end of the minutes of pro- ceedings. XII. Calling of Questions and Orders.— Until the session of 1876, when the rules v/ere amended, questions and notices of motion were constantly allowed to stand in case mem- i:' m I, f I ^•^ -til' I < i ! 30- ORDER OF BVSISESS. I bers were abseut or were not prepared at the moment to proceed with them ; but great inconvenience and loss of time resulted from so irregular a procedure,' and the con- sequence was the adoption of the following- rule : "Questions ])iu by members, notices ot' motions, and onlers (other than government notices of motions jind orders), not talceii up when called, shall be dropjied. Dropped orders shall be set do'.vn in tlie Order Boole, after the orders tor the da\' for the next day on whicli the House shall sit." This rule is, now rigidly enforced. If a member is absent when the speaker calls a qtiestion or notice of iiiotion which the former has put on the paper, it disap- pears, and he must again give notice if he wishes to pro- ceed with the matter." In ease, however, of an order of the day in the House of Commons, it will go on the orders of the next sitting day, in accordance with usage. In the Senate, if a bill on the order paper is called, and no one moves in relation thereto, it is dropped, but the member in charge has the right to move to restore it to the paper withotit notice, but on that motion he cannot discuss the subject-matter of the measure.' XIII. Arrangement of Orders;.— The orders of the day are divided into " government orders " and " public bills and orders." All government measures appear in the former ; all motions and bills in the hands of private members appear in the latter. The 2-l:th rule regulates the order in which such questions are to be taken up : "All items statuling on the orders of the day shall be lake]) ' Can. Hans. (1S75), 10^8. ' Can. Hans. (ISTG), 907. //'. (1S7S), 3'J3. It is usual, however, to per- mit motions to remain on the paper, when the government desire it. This understanding was arrived at by the committee who revised tlie rules in 1876. Remarks of Sir J. A. Macdonald on Mr. Dewdney's motion, Hans. (1878), 1638. Mr. Christie's motion in respect to the observance of the Sabbath, February 24, 1879. Also Can. Hans. (1>!79), 1762-3. ■' Mr. Speaker Allan, March 11th, 1890 (Gaelic Bill). ARKAXGEMEXT OF OHDEnS. 306 n\) jiccoi'iliii]^; to the precedence assiyncd to each on tlie Order Book; the I'i^^ht being reserved to the adinini>tration of placing iTOVornment orders at the head of the list, in the rotation in which they are to be taken on tiie days on which government bills have precedence." ^ Public bills aud orders are always taken up in their regular order ; but it has gvnerally been the practice to call government orders according to the convenience of ministers. It is, of course, open to any member to object and enforce the above rule. ■' As soon as an order of the day has been called by the speaker, and read by a clerk at the table, the member having charge of the bill or question, will make the motion he proposes in reference thereto ; and no other member has the right to interpose unless with his oor- sent. ' AYhen an order has been read, however, a petition may be presented in connection with the subject under consideration ; but not after a motion in relation thereto has been proposed in due form.' The followinu' are the standinu- orders of the Commons with respect to the arrangement of bills on "he order paper : ■' 20. Orders of the day for the thinl reading of bills shall take precetlence of -all other orders for the same day except orders to which the House has previously given priority.""' ••21. Bills reported from committees of the whole House, with amendments, shall be placed on the orders of the day, for con- sideration by the House, next after third readings." " 22. Bills reported after second reading from any standing or ' This in identical witli tlie English S.O., No. xiv. See decisions of Mr. Speaker Ouimet, Feb 21, 18S1), when a member attempted to move a bill out of its i)lace ; also on Ajjril 1, LSSO, when a member wished to move a motion on tlie notice paper as an amendment to a question. Can. Com. J. 214; Hans. 253. - Can. Hans. (1875j, 10^8. Jb. (1S77), 842; Sir J. A. Macdonald. ■' May, 285. 159 E. Hans. (3), 2G. M85//^., 1091-93. '' Also Sen. R-, 45. 20 I i! I tf • 1 ' 306 ORDER OF liVSINKSS. iii m select committee, shall be placed on the orders of the day follow- ing the i-eccption of the report, for i-efoi'ence to a committee of the whole House, in their proper order, next after bills rej)orted from committees of the whole House. And bills or. A (luestion respecting an election petition has been given precedence as a matter of privilege. Com. Jour. (isso-l), 164-,-). - Can. Cora. J. (1874), 26 ; re Louis Kiel, expelled. ' Ih. (1S67-S), 247. ' 7/a (1S73), 370. In 18S6, amendments made by Senate to Northern Pacific Junction Railway Co. bill were placed on government orders at a late i)eriod of session. Jour. 341. ' Mr. Fortin'd motion respecting fisheries ; Can. Com. J. (1879), 337. In 1N84, a liquor license question was given precedence, after due notice ; Jour., 250. In 1SS4, resolutions respecting the Canadian Pacific Railway were given precedence after routine proceedings ; Jour. 114. In 18S5, a motion respecting the Exchange Bank was taken up, and the debate having been adjourned, it was made first order on public bills and or- ders for a subsequent day ; Jour., 156. See also Factory bill, March ISth, 1SS5. "Can. Com. J. (1878), 311-2, 337. ' lb. (1878), 148. I I I 1 1 1 ^i I > 'ai'' " i ,h< I iF a rti'ii-'" nS ; n ■ni m ■ f I 1 1' .i ' m 308 OHDER OF JiVsiyESS. was taken ^yith rotereiice to two other equally important measures — one to amend the act respecting the adultera- tion of food and drug's ; ' the other respecting crimes of violence.- Such motions, however, can only be made with the general assent of the House.' As a rule, the public bills and orders must bo moved in their proper order, though the House may sometimes consent towards the close of the session, when there is little prospect of going through all the private business, to take a bill out of its order and advance it a stage, but this is only done Avhen there is no intention to debate the bill.' If it is wished to transfer a bill from the public bills and orders, the regular course is to give two days' notice of a motion to that effect.' The rule which requires a strict adher- ence to the order paper is absolutely necessary to prevent surprises. So rigorously is it enforced in the imperial parliament that even when it has been admitted that a day has been named by mistake, and no one has objected to the appointment of an earlier day, the change has not been permitted.'' It is quite irregular, even if a member proposes to conclude with a motion, to introduce and attempt to debate a subject which stands on the orders for another day. " Under a riue of the House : " 20. AH orders umlit^posed of at the adjournment of the Houtsc ' Can. Com. J. (lcS78) IDS. -' lb., 232. Also Insolvency Bill, 1S79, j). 271 . ■^ See chajjter xi., s. 3. * Building Societies Bill, April 24, 1878. ■' Kailway Passenger Tickets Bill. Votes and P. (1882), 374 ; Jour.,. 334. In this case the government took charge of the bill alter notice. In an ordinary case the motion goes on the list of private business, and towards the end of a s ision a member may never reach it. In this case it was attempted to transfer the bill without notice, but objection having been taken to this proceeding, the motion was withdrawn and notice given in due form ; Hans., 831. •• May, 281-2 ; 118 E. Com. J., 237 ; 172 E. Hans. (3), 246 ; Can. Com. J. (1875), 177. ■ 219 E. Hans. (3), 1302, 1053-4 ; 225 lb., 1824. >l ORDERS NOT DISPOSED OF. 300 shall 1)0 postponed until tho next sittini,' day, without a motion to that ert'ect.'' But if the House be adjourned before an order of the day under consideration is disposed of, or a motion has been made for thf adjournment of the debate thereon, " it is not treated as a dropped order, but being- superseded must be revived before it takes its place again on the order book." ' If a motion is not made for the second reading or other stage of a bill, it does not go on the orders, and it will be consequently necessary for the member in charge to take the first opportunity he has for placing it on the paper. The House will always give its consent to this formal motion, which is not unfrequently necessarv in the Senate, in the case of Commons bills coming up in the absence of the member who is to pro- mote its passage. - If a select committee report adversely on a public bill, it will nevertheless appear in its proper place on the orders of the following day, under the rules, as it is only a private bill that disappears from the paper when the preamble is reported to be "not proven." ' If an order for the second reading of a bill be read, and it is not found expedient to proceed with the bill that day, the motion for the second reading must be with- drawn, and the bill ordered for a second reading on a future day.' ' May, 2H4. 119 E. Com. J., 131, 256: 120 Ih., 22o, 352; 121 Ih., 78; 122 Ih., 211, 404. - Sen. Hans. (1SS3), 179, 220; Jour., 134, 140. ' Carriers by Land Bill, IMarch IS and 19, V. it P., 1885, and Orders of the Day ; Railway Commisaionere Bill, V. cc P., April 3, and Orders of the Day, April 5, 1883; Toronto Harbour Bill, April 24 and 25, ISS;], V. it P., and Orders of the Day ; Railway Bill, April 8, 1890. Orders of the Day. In this case the bill should have been on the orders on the pre- vious day, but was inadvertently omitted. See also Alien Labour Bill, April 17, 1890, Orders of the Day ; V. & P. April 15. ' 123 E. Com. J., 140; OtHcers of the Crown Bill, 9th June, 1885 ; Mari- time Court Bill, 10th March, 1880. m. jilfei ■mm ■! ii. 810 ORDER OF BUSINESS. If a motion is at tl: ^ head of public bills and orders on a Thursday, it remains in the same position on the follow- ing Wednesday, subject, of course, to have precedence given to another question by the rules or a special order of the House.' On Wednesday, the 31st of March, 1886, the House was in committee of the whole on a certain resolution respect- ing farmers' banks, and the chairman left the chair at six o'clock, under the rules before the matter was concluded. The matter went over necessarily to public bills and orders for another day.- If a member rises to propose a motion of which he has given notice, and the speaker leaves the chair at six o'clock before he has concluded his speech, and proposed his motion, it will remain in the same place on the order paper.' But it is more usual when the member cannot conclude his speech in time, to hand it to the speaker at once, so that it may be formally proposed and entered on the public bills and orders under the 27th rule : " If at the hoar of d to notion's of motions, a (special order \vas made lor 8 p. m. By 4 p.m. tlie notices on the paper were exhausted, and an ord«'r for a resumed debate was taken up. and was not disposed of when the House took the six o'( lock recess. At eight o'clock, when the speaker aiiain took the chair, the si)ecial order was called and discussed, hut the question under consideration at six o'clock had to dis- appear from the order book as the rules made uo provision for such a case.' If Wednesday's order of proceeding is made the order for Monday, then all the rules governing" Wednesday prevail ; and if a motion is under consideration at six o'cloi'k on Monday, uuder su»'h circum.^tances. it goes over to public bills and orders.-' If a private bill is under consideration after half-past seven o'clock, and the debate is not concluded thereon at half-past eight, a member may call the attention of the speaker to the fact that the hour allotted to such subjects uuder the rules has expired, and the question will there- upon go over until another day, when it will be taken up at the same stage where its progress was interrupted. The hour for private l)ills is not interfert^d with, as a matter of usage, when precedence is given. to a particular order, l)ut sometimes they are uot called in order to meet the general convenience of the House, and its de.sire to on a Wednesday, and instead of its ijroin;.: to th<' foov of tlie orders it api)eared at the iiead. See V. and 1'. and Orders of the Day, Fel). l;]th and 14th, ISSO. Also s^ipra, 'MO, for illustration of cases of motions adjourned while anjonth, 1S81I. Also Mr. Davin's re- si)ectinii Col. Herchmer, V. and P., March IJlst, and Orders of the Day, March olst and April 1st, ISOO. ■'' See infra chap- xx. s. 3. OliDJJls NOT DISI'OSKI) OF. 818 iomludo a (U'hato. Iiisuch cum's, thi« is a inattor of urrau- jreiiioiit with the mtMubers in chari»t' oiprivati* bills.' Towards th«' close oi the session, with the view of advancing- puldie l)Usin(!ss, the government usually appropriate to themselves one or more of the days devoted to notices of motions, public bills and orders, and other matters in the hands of private members. They must, however, give formal notice, and ol)tain the consent of the House to a motion, the eifect of which is to suspend the nineteenth rule, governing the order ot business each day/' ' See reniarkis of Sir Hector lian;_'ovin, 'Jlst l"eb., isOO ; IlanH., !»'.>S. • Can. Coin, .1. (1S79), 15(), 'ioL'. iisO, 413; IK (18'.»0), 117, 201), \)lb. See Son. J. (1SS2), 31s, for an instance of'nrgency" licin/ jiiven to jrovern- ment measures in tiie Senate. I \ ,^) ,) '•m >if CHAPTER VIII. PKTITIOyS. I. Presentation aiul reception. —11. Form.— III. Irregularities.— IV. Tmi- tions for pecuniary aid. — V. For taxes or iluties.— VI. Ur^'ency in certai\> cases.— VII. Printing'.— VIII. Rellections on House m- mem- bers.— IX.— Petitions to Imperial authorities. I. Presentation and Reception— The ordinary daily business iu the two Housi's commences with the presentation and reading' of petitions,' of which a g'reat number on various questions of public policy or individual concern are pre- sented in the course of every session. The subjects em- braced in these petitions are of very varied interest. "Whcnevci' there is a great question agitating- the public mind, the table of the House of Commons especially is immediately covered with petitions on that subject.- No doubt the privilege is often abused and unscrupulous or energetic agents labour to deceive parliament ; but not- withstanding such abuses of a highly prized privilege, pt. liament atfords every opportunity to indiv'iduals to bring before it in this way their opinions and grievances, and is often able to obtain from such expressions valuable information which enables it to remedy personal wrongs, or mature useful legislation on some great question of general import. ' Siipm, 301. Sen. R. 12; Com. K. 19. ' See index to Sen. and Com. I. for 1S74; Prohibitory Licpior Law; and Protection to Native Manufactures in InO. AlsoC'-.n. Hans. (l'^77), 11-S, showing number of petitioners from each province in favour of jtrohibi- bition ; a total 'jf 500,000 names in 1S74. Canada Temperance Act, March 30, \Si^'; a total of 76,501 petitioners. Also, Prohibition, 1891. i fe< rRESENTATION AND EECEPTIOy. 315 The rules iu the two Houses with respect to petitions are virtually the same, and whenever there is a difference iu practice it will be pointed out in the course of the fol- lowing* remarks on the Commons precedure w^hich is strictly carried out. Routine business iu the Senate and Commons com- mences with the presentation of petitions.' When the speaker has called the House to order, after the doors have been opened, he will proceed to ask for the presentation of petitions. Then the members who have any such to present will rise, and after briefly stating" the purport of the document in accordance with tht^rule, they willsi^id it to the table, whjre it is taken charge of by one of the cierks. Every member should be careful to endorse his name on the back, as confusion sometimes arises when many petitions are presented at the same sitting. One sitting day must intervene between the presentation and reception of a petition.^ The rules of the House of Com- mons are as follows : '• 84. Petitions to the Hoiiso shall be presented hy a member in his place, who shall bo answerable that they do not contain im- pertinent or impro{)er matter." ' "85. Every member otfering to present a petition to the House shall enchnvso his name thereupon, and confine himself to a state- ment of the jiarties fiom whom it comes, the inimbei" of sient ])ei'.sonal giievance, requiring an immediate I'emedy, the matter contained therein may be brought into imme- diate discu>sion. A senator, in presonting a petition, may briefly explain its general purport, but other members may not proceed to discuss its contents.' The practice oi' the House of Lords appears diflerent. A member may not only make ii long speech on the presentation, but a debate may follow on the subject-matter.- In the House oi' Commons every petition is deposited in the journals office, in charge of an oihcer, whose duty it is to see that it is properly endorsed and in accordance with the rules of the House. ' It is brought to the table to l)e read and received two days after the presentation'; in other words, one day between the presentation and reception, as in the Senate. A list is made up of the petitions that have to be received every day, and given to the speaker, with a memorandum of any infringement of the rules governiug the reception of such documents. The clerk assistant reads the brief endorsation and the speaker puts the question — " Is it the pleasure of the House to receive these petitions " — when the reading of the list is completed. In case of any irregularity, he will state it to the House, and rule that the petition cannot be received.' It is the duty of every member ' Sen. Ueb. (ISTci), 1)3, 96. Jh. (I.SSO), 293. - 140 E. Han.s. (3), 70(}-15; SOS-H. In the English Commons all debate on the presentation of petitions was first forbidden in 1S39 ; May's Corist. Hist, ii., ()9 : !t4 E. Com. .1. l(i ; 45 E. Hans. (3), lot), 197 The Lords did not, however, t'han;ie tiieir practice. •' In the English Commons all i)etitions " after they shall have been ordered to lie on the table, are referred to the committee on public jwti- tions, without any ijuestiou being put." S. 0. 81 ; May, 018, 020, 132 E. Com. .1., 41, iS:c- 'Can. Com. .!■ (n77), 27; Ih. (1879), 21, 32, &r. See "petitions" in index to journals rnKSENTATIOy AXD IlECEPTION. 317 presenting a petition to make himself, in the first instance, acquainted with its terms, and see that it is, in its lan- guage and expressions, consistent with the rules and orders of the House.' In case of opposition to the reception of a petition, a debate may take place as soon as the speaker has formally proposed the motion that it be received. In such a case it is usual for the member who has charge of the petition to move its reception.- This procedure has its inconveni- ences since members may be ignorant of the nature of the petition, until the motion is made for its reception ; and it has, therefore, been found advisable under special cir- cumstances to adjourn the debate on the question until a future day.' Petitions which have been duly read and received frequently form the basis for a reference of a question to a committee. In such cases, notice is given of a motion on the question.' If a member has a notice of motion on the paper with respect to a petition he cannot move in the matter until the notice is reached in due order.' Nor on a motion for the adjournment of the House i-an he debate a petition which he would be restrained from discussing by the rules of the House." If he wishes to present a petition signed by himself, he must give it to another member to bring up." The speaker of the Commons cannot present a petition, but must avail himself of the services of a member on the floor." But it is quite competent for the ' -J'JS E. Hans. (3), 1320. - ("an. Com. J. (1SG7-8), 339-40. ■'7/-. (1880-81), 8<). ' V. and P. (1882), 210, 442; Jour., 354-5. H'an. Com. J. (1875), 177. •'109E. Hans. (3), 233. May, 619. ■ 59 E. Hans. (3), 470. Ciishins:, p. 4()2. This rule is always onforoed, though no decisions appear in the Canadian journals. Tlie clerk com- munioates with the member and has the error rectified. *■ Mr. Speaker Addington jwinted out that if this were i)ermitted the speaker would be compelled to make motions and take such part in the M . t'l >' ( ■ ir \'>-^ 318 PETITIONS. ]\ speaker of the Seuate to do so, since he may speak in the debates.' II. Form— Every petition to the two Houses should com- mence with the superscription : To the Honourable the (Senate or House of Commons) in Parliament assembled : Then should follow the formula. "The petition of the undersiiiiied humbly sheweth." The petitioner or petitioners will next proceed to state the subject-matter of the petition, in the third person throughout, and com- mencing' each paragraph with the word " That."' The con- clusion should be the "prayer" — without which no peti- tion is in order. This prayer should tersely and clearly express the particular object which the petitioner has in view in coming before parliament. And the petition should then close with the formal words: "And your petitioners as in duty bound will ever pray." The sig- natures of the parties interested should be written on the sheet containing the prayer. III. Irregularities.— A large number of petitions are not received every session on various grounds of irregularity. The House will refuse to receive a memorial containing no prayer.- Every petition should have the signatures of " at least three petitioners on the sheet containing the prayer." ' But this rule is never interpreted as precluding j)roceeclinf:s as wonlil not be comiietent for liim in other oases. 32 Pari. Ket'. 2; Cushinjr, \\ 402. Mr. Speaker Blanchet, Can. Hans. (187!)), ] 453-4. ' Sen. J. (1880-81), 9.J. -Can. Com. J. (1.S70), ISO. Can. Hans. (1879), 14.53-4. But a document, although termed a memorial, if it is substantially a petition properly Wdrded and concludes with a prayer, may be received as a jx^tition ao- conlinir as the Honse may think proi)er. 240 E. Hans. (3), l()Sl-2; Bh'.ckinore's Sp. D. (1.S82), 1'8. ■' Can. Com. J. (1S7((), 131, 243, &c. ; lb. (1S77), 70, .ss, &c. Tlie reason of th'T rule may be understood by reference to a statement of Lord Claren- don (Hiat. of Rel)ellion, 11., 337) that, In 1640, " when a multitude of IRREGULAR PETITIONS. 319 a single petitioner from approaching' the House ; it simply refers to petitions signed by a number of individuals. Petitions from one person are constantly received in ac- cordance with the English rules which are more definite on this point. ^ The Senate rule is quite explicit : 36. " Every petition is lo bo fairly written, or printed, and bigned on the sheet containing the prayer of the petition ; and if there be more than three petitioners the additional signatures may be affixed to the sheets attached to the petition." A petition may be written in French or English.- It may be printed,' but it must be free from erasures or interlineations,^ and the signatures must be written,'' not printed, pasted upon, or otherwise transferred." It must not have appendices attached thereto, whether in the shape of letters, affidavits, certificates, statistical statements, or documents of any character.' A member may, how- ever, receive permission from the House to withdraw the appendix, when it is desirable that the petition, especially if it be one for a private bill, should be received with as little delay as possible."* But in case the appendix is ob- jected to, the member has no alternative except to present a new petition." liands was procured, the i)etition itself was cut off, and a new one framed suitable to the design in hand, and annexed to the long list of names which were subscribed to the former. By this means many men found their hands subscribed to petitions of which l>eforo they had never heard." ' 100 E. Com. J., 335 ; 109 Ih., 203; 66 K. Hans- (3), 1032 ; Can. Com. J- (1870), 294; lb. (1877), 20 01; May, 009. -' Petition from Judge Loranger and others relative to weights and measures in 1.S77, t*ic. ' rrohibitory Liquor Law, 1S75; Wellami Canal. 1S77, &c. Sen. R., 36. ' .S2 E. Com." J., 262 ; SO lb., 748; Can. Com. J. March 0, LSS5. ' Chenal Ecarte Petitions, March 1, 1S77 ; all printed, March 16, 1SS5. '' 104 E. Com. J., 2S3; 105 lb., 79; Can. Com. J., April 19, 1S,S6. ■ Can. Com. .1. (1870), 212 ; 76. (1877), 113 ; lb. (1885), 173. 81 E. Com. J., 41. 82 ; 111 lb., 102. 14 Pari. Deb., N.S., 509. Sen. Hans. (1S80), 293, 294 (Mr. Penny); //.. (1887), 325, 326 (Mr. Speaker Allan). •'Can. Com. .1.(1879), 18. '' 27 E. Hans. (1 ), 395 ; 38 lb., 662. Can. Com. J. (1870), 212, 239. II iii 'M m \m ft!! llir m I i litf 'v\ i.' -l ■■ h i 320 rETlTIOXS. A pi'titiou forwarded by telegraph cauuot be received, inasmuch as "' it has uo real signatures attached to it." ' "When a petition has contained a number of signatures in the same handwriting, these signatures have )iot been count- ed.-' Petitions of corporations aggregate must be under their common seal ; and if the chairman of a public meeting sign a petition in behalf of those so assembled, it is only received "as the petition of the individual, and is so en- tered in the minutes, because the signature of one party for others cannot be recogrized." ' Aliens, not resident in this country, have strictly no right to petition parlia- ment.' In the case of applicatiojis for private bills, how- ever, this rule is not enforced. It was agreed in 1878, at the suggestion of Mr. Speaker Anglin, to receive a peti- tion from the Hartford directors of the Connecticut Mutual Insurance Company on the ground that it was a mutual company, partly composed of Canadians, and that it was the subject of parliamentary legislation, the com- pany being required to make a certain deposit befort^ doing business in the country.' In 1883 a petition from certain persons in the city of Portland in the state of Maine, asking for an act of incorporation, was received on the ground that the subject-matter came within the jurisdiction of the House, as in the case already cited." ' Can. Sp. D,, Jl>2. Can. rom. J. (1S72), SO. -' 13S E. Com. J., lo;!. .See Can. Hans. (1SS5), L'027. ■' Sen. K. o7-oS. May, tilO; 10 E. Com. J. I'S.'}. * C&u. Com. .1. (1877), 41; lb. (ISSO), ltJ5. See En^;lisli report on Boulogne-sur-mer petition in 187U, Tail. V. 21V2. But aliens resident in Great Britain and her dep^ndeucios have tlie right to [)etition. Mr. Sp. Brand, -'I'S E. Hans. (.3), 1411-117 ; Blackmore's Sp. D. (lS8i»), 158. * Can. Hans. (1878), 950. See also i>etitiou from American Association of Breeu^rs of Shorthorns, Feb. 18, 1878. " Can. Hans. (1>'83), 138. The necessity of otlerin^ every inducement to capital was referred to in the tlebate by the premier, Sir .lolin Mac- donald, as a reason for allowing the reception of sucli petitions. On the 31st of March, 1886, the House received a petition from certain contrac- tors in New York and New Hampshire, claiming that their statutory ]'i:riTIONS FOR AW. 321 The reception of such petitions may bo considered an act of grace.' All petitions should be respectfully and temperately worded. The House will refuse to receive them if they contain any reflections on the queen or her representative in Canada,- or on the action of parliament,' or on any of its committees,' or on the courts of justice,' or affect " the legal and social positions of individuals."" A document distinctly headed as a "remonstrance," even though it conclude with a prayer, cannot be received." Neither can any paper in the shape of a declaration be presented as a petition." Any forgery or fraud in the preparation of petitions will be considered a serious breach of privi- lege and severely punished." IV. Petitions for pecuniary aid— In the first session of the Parliament of Canada the House of Commons initiated the jiractice of refusing to receive any petition for a grant of money out of the public revenues unless it has been first anil vested rights were injuriously affected by pro|X)sed legislation (Can- ada Atlantic lili. Bill). Mr. >Si)eaker KirkpatiLk privately expressed the opinion that aliens had a right to ap;)roacli parliament on a question touiliing their private interests, when it was under the purview of the Uuu.se. The Houses, in the matter of private bills, clearly act in a judi- cial as well as legislative capacity, and all persons interested should be allowed to appear there as in any court and seek a remedy. See on this point the opinion to the siinae effect of Si* Erskine May, before the Com- mittee on the Boulogne-sur-mer petition. ' Mr. Sp. Brand, Friday, April 7, 3*^70, E ig. Hans. -122E. HauB. (:!), S6;5. ' 84 E. Com. .1., l.'7o. ' 12!t Jb. 209. ■'76 lb.,10b;\2\) Ih.,27(]. " 12!) //a 270. ' ^Nlay, (JOD ; 70 E. Hans. (3), 745. But when headed as a petition and cuncluding with a prayer, petitions have been received. 05 E. Han.s. 1225. " Can. Hans.'(1879), 1453-4 ; CO E. Hans. (3), 040. May, 611, gives numerous cases. ^00 E. Com. J., 193, 289; 120 Ib.^ 57, 330. See Res. of 2nd June, 1774 , 34 lb. 800. 21 ii ill -i I I :i!- i i I i \ ^ 1 :i !;! !ii;' 322 PETITIONS. recorameuded by the Crown/ The practice is in con- formity with the following' standing- order of the English House of Commons : "That this House will receive no petition for any sum relating to public service, or proceed upon any motion for a grant oi- charge upon the public revenue, whether payable out of the consolidated fund or out of moneys to be provided by parliament, unless recommended from the Crown." '^ Since then a large number of p'^titions have been re- jected every session, when they have asked for remuner- ation for services performed ; ' for arrears of salaries and pensions ; ' ov aid to construct or repair public works ; "' for subsidies to keep them in an efficient condition ; " for any remission of moneys due to the Dominion ; ' for com- pensation for losses incurred from public works ; "* for subsidies to steamers owned by private individuals or companies ; ' for grants of public lands to aid certain works ; '" for compensation on account of losses alleged to have been sustained through the operation of an act of parliament." But whilst petitions that directlij ask for any public aid or for any measures directly involving an appropriation of public money, are now never received, the House does not reject those which ask simply for legislation, or for " such measures as the House may think it expedient to ' Can. Com. J. (lS67->s), L"J7. LM5 E . Hans. (3), 1724. - 20th March, iSGd. E. Com. J., 1.S74, British Museum; 130 /6., 10!». The English rulo applies to iietitions " distinctly praying for comiiensa- tion, or indemnity for losses, out of the public revenues." ^lay, 013 ; UU E. Com.. J., 4S7 ; 104 lb. 223. ••' Can. Com. J. (1S71), 05, 229 ; lb. (1883), 57. * lb. (1870), 67, 110 ; lb. (1871), 18 ; Ih. (1878), 70. ''lb. (1870), 40, 50, 191, 233; lb. (1871), 44, 135, c<:o. lb. (1877), 70, 92, &c. « lb, (1870), 167. ■ 76. (1871), 159. « lb. (1873), 06. « Jb. (1878), 56. '" lb. (1882), 75. " lb. (1883), 47; Canada Temperance Act. PETITIONS FOR TAXES OR DUTIES. 3-23 take " with respect to public works. Iii the session of 1869, Mr. Speaker Cockburu decided that petitions of such a character ought to be received, as they did not come within the express language of the English rule just quoted. On this occasion the speaker suggested that " if it were the plea&ure of the House to exclude petitions of that class in future, the proper way would be to adopt a substantive rule which would clearly shut out such peti- tions." " But no such rule has ever been adopted, and it is now the invariable practice to receive petitions which are expressed in general terms and do not directly ask for pecuniary aid for public works.- Such petitions are re- ceived on the same principle which allows the moving of resolutions expressive oJthe abstract opinions of the House on matters of fxpenditure.' No petition asking directly for an appropriation from the public treasury can ])e properly received in the Senate. Ther" is no rule or usage of the Lords or Senate, however, to prevent the presentation or discussion or reference to a committee, of a petition for the expenditure of public money or for pecuniary aid or redress, provided it be framed in general terms. ^ V- Petitions for Taxes or Duties.— Up to the middle of the session of 1870, it was not the practice to receive petitions ' C^an. Com. J. (I'^tiO), l!2-o. He made these remarks on a i)etitioii "humbly praying the lloiuso to take such measures as will cause the obstructions to the navii^ation i^f the Ottawa River to be removed," etc. - Can. Com. J. (1S77), 100, &.c., Welland Canal; St. Peter's Canal. A. {1S77), 27, 147, ex-serjoants of Volunteers; first petition not received; second received, as it asked the House simply to take th^ facts into its favourable consideration. '■' Hatsell (iii., 241), says the prayer should be 'general, and not prescribe the quantum of aid. * See remarks of Mr. Speaker Cliristie, Sen. J. (1S74), 93-4 ; Deb. (1><74), 184-S ; Todd's Pari. Govt., i. «96,G97 ; 173 E- Hans. (3), 1622 ; 174 lb., 962. The petitions should conclude simply with asking the Hou^^e to take tiie matter into its favourable consideration, or that aid be given, or with some such general prayer. Sen. .J. (18G7-8), 171; 76. (1879), 108 (York Pioneers) ; lb. (18>S3) 63 ; lb. (1884) 140. ! 1 ,1 1 J 4 M ! tlil .'h ]•- 'A m I \M Ti U 324 PETITIONS. U -i praying for tho imposition of duties, on the principle which prevents private members from initiating and carrying out measures for taxation.' On more mature consideration, however, it was seen that this practice tended to prevent an unequivocal expression of public opinion on questions of taxation, especially as there was no express rule against the reception of such petitions. Consequently it is now the invariable practice to receive petitions asking for the imposition of customs and excise duties.- It has also been decided that when a number of persons ask for a bounty to a particular industry on public grounds, it is regular to receive their petition. The objection to the reception of petitions for a bounty pro- perly applies only to cases where an individual or indivi- duals, personally interested, ask for such a bounty as will be profitable and confined to themselves.' It is also usual to receive petitions from individuals for an exemption of a tax or duty on public grounds ; but petiticyus from parties immediately interested in a remission of duties or other charges payable by any company or person, will be ruled out.' Neither will the House receive a petition praying for the compounding or releasing any debt due to the Crown ; " but petitions may be considered when they pray for provision for compensation for losses contin- gent on proposed legislation." Petitions against measures ' Can. Com. J. (1S73), J40 ; JL (1S75), 205, 241, 200, &c. ; Ih. (1876), oS, 76, 86, «&c. '^ This decision was arrived at in 1876, when the rules were revised, luit no record was made on the journals. Mr. Speaker Anglin stated it to tlio House on the presentation of a jietition asking for the levying of certain duties. Can. Com. J. (1S7()) 107, 130, &c., Ih. (1S77) 37, 54, 58, ,k(',.; lb. (1878) 150; lb. (1879) 57, 66, 140, Ac. ' Mr. Speaker Anglin on Coal Bounty, Can. Com. J. (1877) 27, 37. Such a petition, he showed, stood precisely in the same position as one asking for the imposition of taxes for general purposes. * Can. Com. J. (1876) 70; lb. (1879) 300, Paper Machine- * Can. Com. J. (1875) 260; 92 E. Com. J. 372 ; 223 E. Hans. (3) 879. '■• 81 E. Com. J. 66 ; 83 lb. 212. ' May, 613 ; 92 E. Com. J. 469. CASKS OF URGENCY. 325 for the imposition of any tax or duty for the current servico of the year, are always in order.' VL Urgency.— A member presenting" a petition, has no right himself to read it at length, but he may have it done by a clerk at the table, with the consent of the House. Petitions may be at once read and received by common consent, chielly in order to refer them to a committee ; if a member objects, it cannot be done.' In case of urgency, however, a ])etition may be immediately con- sidered,' but the grievance must be such as to require a speedy and urgent remedy.' Petitions affecting the priv- ileges of the House will at ouct be taken into consider- ation in accordance with parliamentary usage in all cases of privilege." VII- Printing— Petitions are often ordered to be printed for the information of members by the committee on print- ing." It is frequently found convenient to print them in the votes and i>roceedings — a motion to that etf'ect being duly made and agreed to."" Petitions of a previous session have also been so j 'iuted." • Kng. S. O. 82; 97 K. Com. .1. lUl. '•' Rule 80, Supra 315. Previous to 188.") a very loose practice existed with respect to the reading of i)etitioii8, when reijuired by a member, but in that year it was deci. (1882) 192, 2«1. « V. and v., .March 19, 1875 ; Can. Com. J. (1877), 2.5. " ///. (1S77) 25; 112 E. Com. J. 155. li ii t'. ■ I'.'. i I m I I 1 1 , I ,1 I n 1 ri-r 3' I i r r i: 826 PETlTIOyS. VIII. Reflections on House or Members— It' it shall be found on inquiry that the House has inadvertently received a petition which contains unbecominj^ and unparliamen- tary language, the order lor its reception will be read and discharged.' In the Lord.s, whi'U a petition has been pre- sented and afterwards found to be out oi" order, on account of a reflection on the debates of the House, or r,n one of its members, the Lords, on being informed of the fact, have " vacated " the proceeding, and the member has been given leave to withdraw the p<'tition.- It has also been ruled in the Englisli House of Commons that it is com- petent for a member to move, without notice, that the order for a iietition to li(^ on the table be discharged, if an irregularity has been committed with respect to such peti- tion.' If a petition contain a prayer which may be construed into a rellection on the action of the House, a member will be justified in declining to present it.' IX. Petitions to Imperial Authorities.— As a general rule the Parliament of England receives petitions from British subjects in all parts of the world. ' In the times previous to the introduction of responsible government into Canada, the right of petitioning the House of Commons was very frequently exercised by the people of the several provinces iu order to obtain remedies for certain grievances ; but there are now in these days of self-government very few occasions when it is necessary to make such appeals to the Imperial Parliament. It may also sometimes ])e thought expedient to petition the sovereign, and in such a case the constitutional procedure is to forward the peti- tion through the governor-general. The rules of the colo- nial service require that persons in a colony, whether ' 130E. Com. J., 134, 145. - 220 E. Hans. (3), 600. ' 228 Ih. 1395-1400; Klaokmore's Sp. D. (1882), 155-G. ' 202 E. Hans. 859-GO. ■ Mr. Sp. Brand, April 7, 1S7G. Llackmore's ^p. D. (1882), 158. ther PETITIOXS TO THE lytPElU.XL GOVERNMEXT. 327 public functionaries or private individuals, who have any representations of a public or private nature to make to the British government "should address them to the gov- ernor, whose duty it is to receive and act upon such rep- resentations aspublicexptdieucy or justice to the individ- ual may appear to require, with the assistance in certain cases of his executive council ; and if he doubts what steps to take thereupon, or if publi(5 advantage may appear to require it. to consult or report to the secretary of state." Every individual has, however, the right to address the secretary ofstate, if he thinks proper. l?ut in this case " he must transmit such (communication, unsealed and in tri- plicate, to the governor or administrator, applying to him to forward it in due course to the secretary of state." Every letter, memorial or other document, " which may be received by the secretary of state from a colony otherwise than through the governor, will, unless a very pressing urgency justifies a departure from the rule, be rei\'rred back to the governor for his report." This rule " is based on the strongest grounds of the public convenience, in order that all communications may be duly verified, as well as reported upon, before they reach the secretary of state." Petitions addressed to the queen, or the queen in council, memorials to public officers or boards in her Ma- jesty's government, " must in like manner be sent to the governor-general for transmission home." ' In 878 a large body of Roman Catholics in Ontario, petitioned the queen with respect to a provincial act giving special privileges to the Orange society in the province of New Brunswick. This petition j was forwarded through Mr. Isaac Butt, M. P,, to the secretary of state for the colonies, who replied that, in accordance with the rules just cited, all such communications should be transmitted to the colonial office through the governor of the colony whence ' Col. Off. Reg., 217, 218, 219, 220, 221 , 222, 223. See C. 0. List for ISJl p. 347. i-t^: :;■ ■( 328 VETITlOys. they pi-oceod. Accordingly the petition was duly sent back to the governor-general of Canada, for the informa- tion of the dominion and provincial authorities.' K. Cm. P., 1S7S, No. 38!) ; Todd's P. G. in the Colonies, :55C-7. ■1 ' CHAPTER IX. ORDIMS ASIt ADDRKSSKS FOR ALrnVSTs AM) I'ARKRs. I. rrcsontiition of paporsi. — II. T.'ieir thu'acter. — III. Imhiu ofniotitms — IV. Distinction lietweenadilrossst santlonhMs.— V. Kotunisin answer. — VI. C'aiefiilncss in iireparation. — Vil. Motions for papers rclnspil. — Vlll. rriiitinK of tlociwnonts.~lX. .loint counnittto on printing'. I. Presentation of Papers.— By reference to tho index of the journals of the Canadian a.s well as the English House of Common.s. it will be st'en that there are several pages ex- t lusivelv devoted to entries under the general head of "accounts and papers." Here will be fou.idan alphabet- ical list of all the accounts, papers, and documents rela- ting to the public service that may be ordered or laid be- fore the House in (he course of a session. By rule 19, parts of Monday, Wednesday and Thursday are devoted to the eonsideration of notices of motions, which comprise mo- tions for such papers and returns as members require for their information on public matters. The number of pub- lic documents, asked for and ordered everv session, varv from three to four hundred — the num])er having been steadily on the increase since lH»)T-8.' The documents laid annually l)efort' parliament arc pre- sented either by message or by command of his Excellency the governor- general, or in answer to an address or order of the House, or in pursuance of an a*ived fn.m tiie city council of Ottawa, May (ith, 1887, on the subject of lifune Hulf m Ireland, ami in accordance with the usual practice an ikHkamwIedgment of its receipt was sent to the proper municipal authority '\ 1:^: C>' ''II 3f4 It I' , j»; i.i ■Ah 'I I A ■ 1 1 I i r ii ir i iir .>w—MiiiwiiMjfci»»# ■ 332 ORDERS A^•D ADDRESSES. lay such documents indiscriminately on the table, much contusion and inconvenience would naturally follow, and the rules and usagvs that have long- properly governed the production ot public papers wovild be evaded. III. Form of Motions— Returns and papers are moved for in the form either of an address to the g'overnor- general, or of an order of the House. A motion for an address should always commence with the prescribed words : " .Ml-. moves tliat a litiniMe atldrosss bo piesoiitod to his Excelleticy, the (Jovonior-doiioi-al, prayini;' that his IvxcoUeiicy will cause to be laid l)efore this H<)U>e. etc.,'' In the case of an order of the House, it is simply neces- sary to make this motion : "Mr. moves that an older of the House do issue foe," etc. IV. Distinction between Addresses and Orders- — Previous to the session of 1870, it was customary to move for all papers by address to the goveruor-gen«^ral, but since that time the more regular practice of the English Houses has been followed. It is now the usage to move for addresses only with re.spe'ct to matters aifecting imperial interests, the royal prt^rou'ative or the governor in council. On the other hand, it is the constitutional right of either House to ask for such information as it can directly obtain by its own order from any department or officer of the govern- ment. It is sometimes diUi<'ult to make a correct applica- cation of this j^eneral principle ; ' but the following illus- trations of recent practice will show the distinction that should be drawn l>etween addresses and ordi'rs : Addresses are moved for i)apers and despatches from the imperial government ; - for orders in council ; for cor- ' May 0i2'\) states that the saiiie iliflicnlty oxis(>< in tlie F.ngllsh Commons. - Can. Com. .1. (1877), 151 ; l>>. (1878), 124. •' Jl>. (1877), 40, m ; Il>. (1878). (i;!4. IJISTIXCTION llETWEES ORDEli.s ASD ADDRESSES. 333 respoiideuce between the dominion, British and foreign governments,' or between the dominion and provincial governments,- or between the dominion government and any companies, corporations, or individuals ; ' for infor- mation respecting a royal commission ; ' for instructions to the governor-general.' Memorials and other papers re- lating to the government of the Northwest Territories, are brought down also by address."' On the other hand, papers may be directly ordered when they relate to canals and railways, post-office, cus- toms, militia, fisheries, dismissal of public officers, har- bours and public works, and other matters under the immediate control and direction of the different depart- ments of the government.' Correspondence with persons in the employ of the government, and in the possession of a department are ordered.^ Petitions and memorials not in the possession of the House, but addressed to the gov- ernor-in-council, and including memorials for public aid, must be asked for by address ; ' but petitions addressed to a particular department are directly ordered.'" Returns of petitions of right and cases before supreme and exchequer courts are brought down on an address." Returns relative to the trial of election cases before judges,'- and the ' Can. Com. J. (1877), 21, 22, .".o, lO'J; ///. (187S), 44. -'//>. (1877). 204; 7/*. (1878), (if); //>. (1882), ItiO, (for a copy of a resolu- tion passed by a proviiu'ialley;isliiture,au(ltninsiiiitU'tl to his Excellency.) '' lb. (1877), 21, 22, 4."), 1!»I. But this is not 'lone invariably. 'lb. (1878), (15. ■' lb. (1882), 326. '■ lb. (1886), 145 ; lb. (1890), 55. ' See index to journals for ISDO ("accounts and paj)er8"). .^ Can. Com. J. (1878), 121 («crj. Hart); 125 (Mr. I'erley). '' Ih. (1877), 93; //'. (1878), 124; lb. (187'J),5 E. Com. J. 50, (J-t. 147 ; 137 Ih. 2oS ; Can. Cora. J. (187!)), 30. But the House has soiuetiiues onleretl llioni, thouj^h the striot Eiij:hsh prac- tice api)yars to he as uhove; Can. CEi:s AM) AODKK'^SES. shown.' Wheu returns havo once been presenti'il to thf House, it is in order to refer them to a standing or select committee. - VI. Carefulness in Preparation— li] very motion for a return should be very carefully prepared so that the member may obtain the exact information he requires. In case a motion is vaguely expressed, or asks for more information than it is in the power of the government to give, or otherwise n-quires amendment, the member who makes it will generally be allowed to amend it with the unani- mous consent of the House ; and in such a case the speaker will always again read the motion so amended. In this way the i onvenience of members, in exceptional lases, is consulted ; but it is necessary, in order to save th«' time of the House, that each motion should be care- fully framed at the outset, as it cannot be changed (except by general consent) when it is once proposed by the chair in accordance with the notiie. Returns are frequently laid on the table by a minister without a motion having been formally made for their production. This is gene- rally done in cases where an important debate is at hand or in progress, and as there is no time to maki' a formal motion, the government will give every informa- tion in their power to the House. This, however, is a matter of courtesy and convenience and not obligatory on the part of a minister. ' Every care should be taken by the department orofhcer whose duty it is to furnish the return, to have it strictly in accordance with the terms of the address or order. If a person negleits to furnish a return or frames it so as to ra slead the House, it will be considered a breach of priv- ' Infra, 343. -Tan. Com. J. (1S74), 101^5, 220; Jh. (1S7G), 98; fb. (1877), 59, 153, 211 JL (1S90), 54. ' Can. Com. J. (1S74), 70, consolidated fund exi)enditure. liEFC'SAL OF PAl'KHa. 337 ilcge, and he will be reprimanded or more severely pun- ished aeeordin<^' to the circumstances of the case. ' VII. Motions for Papers Refused.— Whilst membf^rs have every fai'ility allorded them to obtain all the inlbrmatiou ihey require on matters of public (nmcern, occasions may arise when the government will feel constrained to refuse certain papers on the ground that their production would be inconvenient or injurious to the public interests. A high authority writes on this point : " Considerations of public policy, and a due regard to the interests of the state, occasionally demand that information sought for by members of the legislature should be withheld, at the discn^tion and upon the general responsibility of minis- ters. This principle is systematically recognized in all parliamentary transactions ; were it otherwise, it would be impossible to carry on the government with safety and honour."- Consequently, there are frequent cases in which the ministers refuse information, especially at some delicate stage of an investigation or negotiation ; ' and in such instances the House will always acquiesce when sulficient reasons are given for the refusal. On this account, members will sometimes consent to withdraw their motions ; or in case only a part of the information sought for can be brought down they will agree to such alterations as the minister may show to be advisable in the public interests. Sometimes the government may be obliged to withhold all information at the time, or they may be able to put the House in possession of only a part of the correspondence.^ But it must be remembered that ' !)0 E. Cora. .T. .-)75; m lb. 363; Mirror of P. 1841, vol. 23, pp. 2014-5; SI Lords' J. 134 ; 82 Ik 89; May, 020. - Toild's Par). Gov. in England, i. 440(7 »e >. 5. ' ' ( ] '1 \ ' i U ■1- i ] II i i ', 838 ORIU'MS A XI) A D DRFSSKS. und«M' all tircuiiistanci'S it is for the House to consider whether the reasons «^iveu for refusing the iuformation are sutlicient. The right of parliament to obtain every possible information on public questions is undoubted, and the circumstances must be exceptional, and the reasons very <'0gent, when it cannot be at once laid before the Houses. Papers have been refused on the ground that it would b«' wholly without pre<'edent to produce them.' Estimat(^s and reports of the engineers of the public works, in many ibises, are considered conlidential.- As a rule the opinions of the law ollicers of the crown are held to be "private communications" when ixiven for the guidance of minis- ters, and may be properly refused by the government.' But there are occasions when it may be convenient to lay thian before parliament ; and that is a matter within the discretion of the government. If such a do 'ument is read '211 E. Huii.s. (H), 1725. •^ Can. llauH. (1S7S), 510, Lachiiie ranal. /''. (\^1 >), 45, Carilloii work.s. Also lOSO. Reniark.s of Sir (". Tupia-r. ininistor of public works, on tlio Hubject of pres(Mitiii<; ;v roport of tlie oii'jiniHMs on I'Midera snhmittcil for tlio t'onstnu'tion of tlm ( anada Pacific K.K. — tlii.s repm hcinj; to a L-ertain extent confnlential. It will be seen fium tlie debate on this occa- sion ti.at leatlln^; members like Mr. Iloltun anil .Mr. Mackonzio acknow- ledi^ed tbat minister.^ could, in particular ca.ses, with propriety rofu.se uiakinjr public certain ollicial pa|HMS. Mr. Mackenzie nxpressed his opinion that everythinj; that reforrod to the giving out of contracts, of a technical and public nature; everything exce;>l vhe Uioral and iKjrsonal reasons why any jyersons had been passed over, should be laid before the House; p. 1().S3. A!.so Mr. Pope (Catiudiun I'aci tic R.K.), Can. Hans., 1SS5, J). V22. The rejKjrts of inspeciors of post olliccs are ^'enerally coii- sidorod as conlidential ; Can. Hans. (1S!H»|, 518 iMr. HaiJ^arti. ' Mirror of T. 1S30, pp. ;5S7, 1.S77-JS7!); 1840, p. 2120; 74 E. Hans. (;;), 5<)S. See roj)ly of J^oril Go-ford to an addres-s of the a88end)ly, Lower CanacUi, Dec. 11, lS;)5;.Iour. ls;55.(), p. 2(i". The same rule applies to communications between law ollicers of the Crown resi>ectin;r particular trials; or the judge's notes taken at a trial; ^lirrorof P. 1N30, pp.527, 1()(>7-I6ss ; Tmld, i. 570; Can. Hans. (1SS5), 8it (Kxchanjre Bank). Or to coroner's notes, which, as they partake of a judicial character, can be pro- duced only with the consent of the ollicor himself; Mirror of P., 1841, V. 2207. c,ovf.rsou-geserm:s despa rcnrs. m*^ in the House, it bet*om«'s a puhli'- paper, aud may W called for.' The practice of askiiiii: for reports from officers, addressed to particular departments of the execu- tive governnn'ut, has also been considered mosi objec- tionable.-' (S>rtain papers have also been refused in the Canadian Commons on the ground that the " '^ovenior-jT Mieral, acting' as an executive ollicer of the imperial government, reserves to himsell' i'ie riiiht of withholding from parlia- ment any documents, the publication of which might, in his judgment, be prejudicial to the public service. That with respect to communications from thi» secretary ot state, marked 'private and «'oniidential,' it is not com- l)etent for the governor- general to give copies of such cor- respondence without the express sanction of the secretary of state. That this rule equally applies to letters written by the o'overnor-general to third parties, communicatinircon- lidentiaily to them, or referring to Uie contents of privite aud conlidential letters from the secretary of state, and to answers reci-ivtul by the governor-general to such letters."' Before leaving this point, it is useful to note here thai t lie colonial olhce htis laid down certain rules for the guidance of governors in their communications with the imperial authorities. Where responsible government is established the governor is generally at liberty to com- municate to his advisers all despatches not " coutideutial." By a circular of 10th of July, 1871, despatches are reclassi- licd : 1. Numheretl, which a governor may publish unless directed not to do so. 2 iierret, which he may, if he thinks fit, communicate, under the obligation of secrecy, to his executive council, and may make public if he deems it necessary. 8. Conjidential, w hich are addressed to a governor personally, aud which he is forbidden to make • 187 E. Ilaiw. K-'), -'19, Ac. ; also 149 lb. 178. ■177 lb. y(il,1402, 1455; 17S /'>. 154. ' Can. Com. J. (lSi.;-8), 275. I ] % t !!■ I ' i M l m 'if ■it xti. r t 0', i ; ^t;' ill il il f II! 340 ORDERS ASD ADDRKSSKS. known without the oxprcsN authority of th«> soorotary of state.' '* Numbered " dt'Hpatc'ht^s are always hiid before parliament on the responsibility of ministerN.- But it is " a i^eneral and reasonable rule that despatches and other documents forwarded to the imperial government should not be published until they shall have been received and acknowledged by the secretary of state, and that no (Con- fidential memorandums passing between ministers and the governor should be laid before the colonial parliament except on the advice of tht> ministers concerned." ' In 1878, Mr. Lanthier asked that the House pass an ad- dress for certain plans and papers relative to the division line between Upper and Lower Canada. The prt'mier (Mr. Mackenzie) obj«'cted to the adoption of the address on the ground that the documents asked for wer*^ not in the possession of the dominion government, and that they wen' wanted, according to the statement of the mover, for purposes of private litigation. The motion was then with- drawn in view of the strong objection taken by the gO'- eminent to the production of the plans.' In the same session the premier refused to bring down a statement in detail of the expenses of the governor-gene- ral during his visit to the Pacific' coast, and contended that the House could find all the necessary information in the public accounts, and that it would be disrespectful to his Excellency to demand more than was given in these accounts. Prominent membiu-s did not doubt the right of a member to make such a motion, but only regretted that he had thought proper to press it. After considerable de- bate on the subject, an amendment was accepted to meet the dilliculty in which the House was obviously placed.' 1 Col. Ketr. 16r)-]88; C. O. List, 18;»1, pp. .344, 34.'). ^ >ie\v Zealand 11. of K. .lour., 1871, app. vol. I., p. 14 ; I'arl. Deb. viii. 140. ' See Todd's I'arl. Gov. in the Colonies (»I)-99) where this question is fully reviewed. * Can. Hans. (1S7.S), 389-92. ' Can. Hans. (1878), 510-25. See Sir Charles Dilke's ujotion with res- pect to the civil list; only two voted for his motion ; 27ti against ; 210 E. Hans. (3) 251-318. Giioiwns mii hiiMASiiisa iwriiRs, 841 III the session of IS7!>, Mr. AVillinms moved for a ropy of all p;ip«'rs uu tliut mij^ht hiivo passed b('t\v»M'n Lord Dulffriii (irovcrnor-gtMitM-al) and the niem- hcrs of the lilt*' Mink»'ii/i»' udininistratioii on ciitain dis- missals from olljt ('. The premior (Sir John Macdonald) inforuit'd "the hon. member thai the ollicial correspond- ence ln'tween the uovernor-mMieral and his advisers for the time beini»" could not be brought to the IIoiuo. If there was any such ollicial correspondenc e on record, and his Excellency would allow itsproduition, and the public interests wouhl not be injured thereby, there could be no obji'ction to layinii" it before th«' House, l)ut not otherwise '" From tUscussions in the I'ini»lish parliament it appears that the document, of which it is proposed to order a copy, must be ollicial in its characn'r, and not a mere private letter or paper.-' The paper aski>d for must relate to a sub- ject or matter within the legitimate powers and limctions of parliament. Where the production of papers was ob- jected to on the ground that the su])ject to which they related was one which belonged to the jurisdiction of the ordinary tribunals, and with which parliament had no authority to interfere, and that the only use which could be made oi the documents would be as evidence against the claims of the party called upoii to produce them, the motion was refused.' Neither is it a proper ground for the production of papers that they will either prove or disprove an assertion made by a member on some former occasion ; ' or that they will enable the mover to proceed individually upon a charge against a party, whom he de- sires to bring before some other body or tribunal A sound rule, generally observed by the House is that pro- ' Can. Hans. (1S7SM, 4'.t2. 11 E. Hans. {\), L'Tl ; (iishiu-r, pp. :5tJ4-6 ; U I'arl. Kejr. I'JS ; 7» E. Hans. (3), 8()5. ' 15 K. Hans. (N.S.), Ili4---'0L\ ♦ -I'l lb. (1), 120, '•> 16 lb. (3), 194-5. ' 'I I'! I a' irl ::l "ij '■"i' rmim J. .1:^ • ft if: X , ; 4- .' -li •! 'ij'l m ;i!kf i ilQi n • I (/iiDj:i:s AM) AiwnEssKs. rt't'dinjjs boforo ji lourt ol" justioo ;iiv not givtii, excopt for public purpost^s, and still inort' is this the ruU' vvhon a case is pi'iuliii*^ and tho ultimate derision not ytt ivachcd. It has, however, boen distinctly liiid down by eminent J-lniilish authorities that the inquisitorial jurisdiction ol' parliament could not be limited to such "public institu- tions" only as were the recipients of public money; but "that when an institution is established to assist in pro- iiiotinii' the cultivation of arts, or other strictly public ol)ject, it ( ould not l)e denied that the House had a riii'ht to inquire into its allairs, evt'ii tliouuh it did not rci-eive public aid," ' And on a later occasion it was declared by I>ir lio'hert I\>el that " where parliament has ijiven pci-uliar privileges to any body of nicii (as for example, banks or railway companies) it has a riii'ht to ask that body for in- lormation upon points which it deenis necessary for th»' I)ublic advantaii-e to havi' fjenerally understood.'" The great point to bo aimed at in such inquiries he considered to be "that while you extract all the information the public require to have, you should, at the same time, avoid all vc^xatious interfer»'nce in the details of the luisiness of the respective undertakinus." ■ All the departments of the ]niblic siTvice are kept most laboriously employed every session in furnishini>' infor- mation re(|uired by members of the two Houses. The expense entailed in this way is necessarily very lartre. The right of a member to obtain every information from the government Avithin the limits previously described, is so undoubted that it seems i Imost beyoml the power of a minister to keep the practice within narrower bounds and thereby save much public money. It is quite obvi- ous, however, that no member should move for papers ' Mr. r.liike, Can. Hans. (ISSo). 701. Sir Kobert Peol and Ixird Jolm Kiissoll, in case of liuyal Acuileiuv , Mirror uf 1'. isiJ't, up. 42;)S, 4r)();i ; Todd, i. 4.-)2-4.J3. -' Mirror o\' 1". 1840. \>. 4S40 ; also Ih. 1S:»S, p. S'J5. j'luxTjya. 343 except oil sulUoient urounds. Ft is dearly laid down by the most eminent of I'^nglish parliiimentarians that it is incumbent upon the mover to state: the reasons upon which his motion is I'ounded, that the House may judye ol' the necessity, importance and ex])t'dieniy olCalliniJC lor the j)apers which are the subject ol that motion.' VIII. Printing of Dociunents.— All the papers and returns laid on the table ol" the House in the eouvse of a session j^ive a vast amount of inTormation relativi- to (questions oi" public interest. It is consequently usual to have all documents of an important nature printed as soon as pos- sible. The practice ol' the Senate with respect to the printing- of public documents is the same as that ol' the Commons. Rule S4 ol'lhat Houst' simply provides. "All papors laijl>. li,}? (an. llaiis. (ls7ii), 1205-7. ■ Sen. .1. (1S75), 170; /'•. (Is7S), I CI i U I li • J, IJ I 'I' ir •if 'I i'i --J. ■'^44 ORDERS AM) ADhRK'i.sEs. pnhli'- :is soon as j)ractieabl(» aTtcr tlie samo arc ]iro- par.Mi;-^ IX. Joint Committee on Printing.— T ho Joint romniittee on printinu. wliith is coniposi'd ot" nn'nibcrs oi l)()tli Houses, is appoinU'd at ttn' roranu'nreniL'nt ol' every session like the other standing eonimitteos.- In tlie old leuishitiire <»!' Canada tlie expenses ol" tho pu])lif printing became so euornion> under an exi;eedingly loose systtnn. that it was at last found nece.-sary to take nieasunvs to introduce greater eionomy into this service. In the session of l.SoS an inquiry was in.stituted with this object in view, and a report was presented by a committee of the legislative council, reviewing the whole subject, and very clearly showing the economical advantages that would n'sult from certain proposed improvements. The report specially recommended that, at the commencement of each session, a joint committee should l)e appointed, composed ecptally of members of both Houses, whose duty it should be to determine what matter should be printe), L'l.VL'-Jl'. ' Log. As.s .1. i,lst;i), 14U. /'/.7.V7/AV/. 345 ptMlbrmed by tender and contract, under the directions of the coinmitt('(<, whicli reported its recommendations to the Houses, \vhiht or mii^h'. not concur in the committer's conclusions.' This contract system lasted i'or many years, hut all the ]nil)li<' print intj' is now done at a uovernment printinu- (dlicc. The lirst chani^e took place in connection with the Canada Gazelle and the departmental inintiiii>-. In isiilt, an act wns passed lor the appointment ol" a queen's printer ibr Canada, und»>r whose superint«!ndence the Canada (lazetle, the statutes and departmental printinu* had to ])e perlbrmed." In ISHS, a dcj)artment ol' |)ul)lic printini>- and stationery was established as a branch ol' the public service, under the direction of the secret :iry of state of C'aniubi.' Thisdepiirt- ment is mamui'ed ])y a (luei-n's printer and controllor of stationery — who is a deputy head, Mppointed by com- mission under the t>Teat seal, — a superintendent of print- ing', a superintendent of stationery, an accountant, and some minor ollicials. A government establishment was organized at Ottawa, under the manag-emeiit of the super- ' (an. {'oiii. .T,(ls(l\as appointed in his place, and carried on tlutiU'part. mental jirintin^' and the i'linuiln h'lUilli in conjnnciion with Mr. l>es- l)arats, the .snrvivinj.' partntir of Mr. l)erl)ishiro (I'arl. heh, ISti:;, p. IJl ; 1^(1'), p. lrnor in comicil may desiumftt'j any other niend)er of ihe j)rivy coimcil when utMessary to preside over this depariuieut. ( ,: :!■ ; ^•m . id! f ; i. 346 OllDKRS AND ADDRESSES. intcudont of printing, lor tho j)urposo of executing all stereotyping, lithographing, binding and other work of like nature required lor the service of the parliament and governm«.'nt of Canada. The .stationery branch punhases all printing pajjers, stationery, book.s and supplies of all kinds oi that character required lor the use of tht; parlia- ment and tlie government, and has charge of the sale of all the ollicial publications of Canada. All purchases ot books and stationery recpiired for the i)ublic service are made by the new dei)artment ui)on rec^uisitions duly fur- nished by the clerks of the two Houses and the proi)er officers of the depnrtments. The Cona'la d'azet/p, the statutes and all d«'partmental and other ollicial reports are printed by this bureau. Provision is also made in the law ' lor (he thorough audit of all accounts for any of the services under the control of the department. The joint committee of the two Houses continues to discharge practically all the im- portant functions that have for so many years devolved Uj)on it with reu'ard to the printing of i)arliament -' It has the services, as formerly, of an ollic attend to all matters within its jurisdiction.' Tht» salaries of the employes are fixed by the committee and any increases or diminutions are recommended to the Houses for their sanction.' In the Fession of 1878, objec^tion was taken to a report of the committee, recom- mendiiig an increase of salary, on the ground that a com- mittee could not make such a ret^ommendation. It was shown, however, to the satisfaction of the House that the t-ommittee had always exercised the power to nominate, and fix the salaries ot its employes, subject, of course, to the approval of the Houses. The committee simply dis- ' Uov. Stilt, of ('an., c. -7; am. by ol Vict., c. 17. - Can. Coin. I. (ISSS), IW')-, //-. (ISS'.I), 17K-1S8 ; Hi. ils<)(l), L'HO-:.'!).'). ■ ')! Vict., V. 17, H. 1. M'an. Com. .F. (1870) i.'4:{, U*S8 ; Can. Hans. (1S7S), 22r.,M ; .lonr. 131, 2L'(i. ///. {im)), 2»0-2i»'), ;!13. Son. .1. (iHiMt), 171-177, 192. PRINTING. 347 tributes the moneys set apart by parliament for this pur- pose." The committee sits very Irequently during- the st'ssion, and the clerk hi; . before it all the returns accordiug as these are placed on the table of the House, and then it decides what documents ought to be printed, and reports the result ol" its deliberations, so that memliers may know what has been done with the papers in which they are interested. All the important papers and returns are printed in the sessional papers — the reports ol' committees always in the appendix to the journals." A certain num- ber ol" printed coi)ies ol' papers are distributed to each member. The lommittet' ha.s allotted to it '• a joint room lor the distributiuu ol' print<'d pai)ers Tor both llousi's," and arranges the numbrr ol' documoits that are to be annually given to niembi'rs ol' parliament and others.' it is usual to let the reports li*- on th-' table lor a day or two, and then to move for their ado()lioii when "motions" are called dviring the progress ol routine bu.sinoss. The motion lor concurrence i« generally allowed to be proposed without notice when the report only refers to the printing of documents, l)ut objections may be taken on that ground at any time ; and it is the practice to give the necessary notice in all ca.ses which are lik<'ly to provoke <'ontroversy and debate.' When a meml)er wishes l' direct the special attention of the printing committee to a paper, he may give notice ' Can. Hans. (IS7S), L"J01.1.'L'(»;5 ; 22."»:;-l.'L'r)4. Also for new apiMjiiitments liy committee, seo Jour. dSSO), 54, (iJ ; Ih. (iss;}), ?!», SO. • Can. Com. .1. (is:*)), 13.'), ^v. 'Can. C...:i. .). (IS(;7-S), Aj)]). No. 'J (I'.rd ami ll'.tli Keports); //-. (ISdli), App. No. li; //^ )lS74i, L'71 ; Hi. (iSTf)), US. Tlio (listriltution of doi'ii- inontN wau roarrangod in 1878, jip. 2l'0, 2h\, App. No. 3; Son. . I. pp. L'l.S-230, L'f),). Nunihor of vot(\s and hills \va« increased in lS7f>, Com. .1. 50, 78. See also lli. (18i)(i), 2'.»i», 313. ' Seo Corn. J. (18S0), 304. Also rliaplor xvi. on atdect connuiUees, 8. S. a ii i i :i' I! 348 fH!i>/:iis AM) A!H)Ui:ss]:s. 4 n of a motion that it Ix' priiitod; and this motion must ijo to tho ((mimittiM' undor the I'ollowini^ ruh' : '* !>4. Oil ;i motion (or |»riiitinn" :iiiy pipor lioiii^r otVoi-od, the s:iino slmll ho lii'st siilMiiilicil to tlio joint coiiitnitloo on pi'inlini^ toe roj)i)i't, hcl'oiv the iiucsiion is put tlioiooii." This ruh? was not strictly fnlorii'd lor some sessions altfr 1807. Motions lor the immediate printins«' ol' doeuments have ])een proposed and adopted, without vel'erenef to the committi'e, or the snsi)ension of tlie standins^ order.' Sometimes tln' ruh' has heiMi suspendi'd, and the order given immt'diatt'ly for printintv — a n'o-uhir proceedini;' in case of uri>'en( y." But if objection l)e taken, the motion cannot he put.' Members have also moved " to refer '" certain pai)ers to the committee, or to instruct it to con- sider tln^ propriety of printinii' certain documents: and such motions have been ])ut from the chair.' No motions, however, for tlie priutinu- of pajxM-s are now put from the chair, but are simply entered on the journals as referred in accordance with the luii'. If a member is not satislied with the report of the committee at any time, he can move ai»ainst it on the motion for concurrence.'' Sometimes re- ports are only agreed to in part.' The committee has fn»quently reconsidered previous decisions without a mo- tion formally proposed in the House to refer the matter back for further ileliberation. At other times, the report has been amended bv the committee itself wheu rofi'rred ' (an. Cuin. .1. (lSi;7-s), i;}; /A. (IHTti). :)(• : /A. (ISTin, -<•, ■;ipor ot'u pruvioMN SHflHion Iia.s lieon n;t't>rrail to tho oouimittcu on motion. //<. (ls!l(»), -Jl'l. - //'. {Is71), L'O; //.. (iss(i), i.(i,i. Ciin. Iluns. (1S77), (iSi). ■' //a'JsdO), L'lill.'.'iH}. ' Ciui. Com. J. (IS7H). 71 ; //.. (ls(i7-s), I'o; Ih. (ISS'.'), 11(2. ' Ih. (1S77), 47, 124, 1;L', cV<-. : //.. (Is79i, :l.'»:t ; ll>. (ixs:5), :!!»1. Mr. Sp. An;;lin (|U(».o, ///. ji. tlS(i. 'Tun. Com. .1. (!S74), :;n4. ' //*. (IS07-S,, 224 ; //.. 0^70), :V.'(i. " Tb. (1873), 415. I f J'HL\TL\(J. 341) bmk for reconsideration,' the more regular proceedini?, since it gives power to the committee to revise its former judgment on a question.- > Can. Com. J. (1883), 236; Jh. (isSo) 3ii4 ; Ih. (18SG),l74, (with instriu- tii)i)8. - See cliaptcr xvi. on aelect committees for remarks on this iHtint,8. >*<. li- fe i ?i ; ,■'■1 ill ; It w m. i! n sill sir it CHAPTER X. AI)l)i:h'SSi:.s, MKssAfilCS AM) VOTES OF TIIASKS. i. .Siibjoct-niutter of Aildivssus. — 11. AildrcssoH tuiiinled on reHolutiong. — III. .loint Adilmssos. — I V. Addrossea orCoiuloIeiitio uiul ('()iijr-< Jniionil. — VIII. Addresses to Prince 1)1' Wiiltw in IStiit. — IX. riuinks to distiiitrnished I'tM-.sons. I. Subject-Matter of Addresses.— Tlio procodiiro in the nas»» ol" tilt' address iii aii.swer to tin- .speech at the ijommeiico- meiif ol' the session has already been fully explained in a previous chapter of this work,' and it is now only neces- sary to reler to the suljject ol' addresses generally, and to the mode of transmitting? them to the sovereign or pro- Kenting* them to the contain expresHioiiM of longra- tulation or regret in reference to matt(UH all'ecting: thu royal family or the govt^rnor-genenil. ' (hap. vi. '* Hut no addresH may be preuented in MtliUioii to il bill or iiiiUliti' iiimImP tlie conxideration of tho \hn\ntt. \'i LordN' ,1. 7'A Hj, MM | H K. Com. .1. 670; 1 Grey, T); May, r)15. 6 «. AI>Dlii:SSK^ ON GI.SEHAL SlIiJECT.s. 3r)i II. Addresses founded on Resolutions. -When an addn^ss to hor Mftjosty orii^iiiatos in the Hou8»« of Commons, it i.s i^enorally tho practice to pass a rcsolutiou in the lirst pla«o. This resolution may, or may not, he lirst considered in committee of the whole, as the circumstances of the ca.so may lilied of late Vi'iH'M. (II I he Commons the old practice continues to be (u||pwuii to a luri^e extent. I full. (dim. J, (IUT7), UH7-tl| hIho l'«if- Ahh. (l.sr,9).5(ii). TiMI. Coin. J. (IS75), l!t7-20:l. ' /MiMUfH 1,117(1, 1177. ' //». 1(87:)), )H7. j|(fl<|l»fll|!a|ln()i ///. (IH78), Jfif), ( 'mmdian boumlariei- " 1 'Kill I 'llltl. •! {\'^U\\ tflW-3. Ilntirnmont of Lord l.lsj^ar from the gov- Ot'tllit--||HIIUt'lllHlll|l. "Sf1l-MHI!!!).|H| T' r! 11 \ M % ■ "ill ' ■W |i ' ' '\ 1 1 ii m 1 1 H 1 m ;'«..fl »* r i; I :*!.' j: : +1 i'l; 852 Ai>ni:i:ssi:s, Mj:ssA(ii:s .lv/> voti's or thanks. Whi'ii tlu' iL'holutioii lor an lultlreHs has bci'ii agn-ed to })y th(^ Iloiih**, a .sclvH't committee will bo appointed to dral't an address to lier Majesty loune read twiee and ai^reed to, and ordered to be enifrossed. The next step is to pass an address to the frovt'rnor-geiieral, recjuestinij his Kxeellency to transmit the same to her Majesty — \vhitha(hlress will be ent^rossed and present(*d with the address to her Majosty by such members ol" th«' House as are of the c|ueen's privy council of ( 'anada.' In the session of 188:i the H(niso of Commons aufreed to a joint address to h^r Majesty on the subje«t of the diilifulties in Ireland as an amendment to the motion for the House to f^o into committee of supply.- The address to her Majesty embodyinu' the Quebec resolutions of con- federation were also passed without the Ibrmality of a previous committee.' In the Senate, in 1882, an amend- ment was moved to the Irish addn-ss — an unusual pro- ceeding*.' On the :i!Mh of January, I8!>0, the House of Commons passed an address to the queen, neni. con., with- out the formality of a committee to draft the same, and thiK is the most convenient procedure in all such i-ases.' III. Joint Addresses.— When it is aj^reed in the Commons to transmit an address of the two Houses to the queen, a message will be sent to the Soiiato requ«'8tiug their ' Cuii. ('i)iu. .1. (IS?,-)), L'0l-'J0;5. ■ Can. ( V.m. J. (ISSJ), ■'!<»7, X^A ; S«-n. .1. 'iAM\, L'7(>, 271. .S«.o 10!) K. dnu. J (IS.'jJ), !()!»; aiMrcss oil \v(ir with liiisHia, a>,'r«<'(l fn witliDiit icferpiim to n <'()iiiinitt('ti. .\lwr. A. Tmld wrote mo on thin iM)int: " .Motlorii iiHujri! teiulM iiiorn ami luoru to Hiinphfy iiiul ubhreviato procedure, wliicli Im nil additional ren.'xiii for (liHponHiri;; with a coinniitU^* to draft an address, when it can he roa- Honalily done by th(> House ilHeif." ' Lev'. Ash. .1. (iMio), vol. Ii4, p. 07. Tlie speaker decided that a com- mittee waH not necpsMary, p. 74. * Stjn. J. (ISf-*), --'(iU-. •' Can. Com. J. (180(1), 37-30. m JOIM APDHKSSIX 353 honours to iinito with the llou8«' in th<' sum-'. This mes- hnpc will he proposed as soon us th«' addn'sshas l»»'»'n puhsi'd by th«» lloust' and day. Tilt' addn'ss iVoni the Connnons always loiitains u blank : " \V»', your Majt'sty's most dutilul and loyal sul>- ject«, the Commons of (!anada."' This blank will })t» lilb'd up by the Senate with tlif words ".Senat-- and," so that tho address will read " thf Senate and Com- mons ol" Canada in Parliament assembled," etc. It will then be ordered tin t th*' speaker do siyn the address on the part ot" the SiMiate. The next step will be lor the Senatf to order an address to the i^overnor-ireneral, re- quest inii' him to transmit the same to thesover«'ii(n. Then this address will be aiireed to, si<^ned by the sjH'akfr, and ordered to be eommunieated to the Commons l)y one ol" the masters in ehaneery lor th'-ir eoncurrence. In this address there is also a blank to be lilled up by the House, with the words, "and Commons," and a mo.ssa^e will b • sent to the Senate inlbrmiiii; them that the Commons have aifreed to tlie said address. Whi'ii the message has been received by the Senate, they will order that " the joint address to her Majesty, and also the joitit address to his Excellency, the Goveru(n*-General, l)e presented to his Kxcelleney by such members ol'this House as are members ol'the privy eouncil." ' In ease the address originates in the Senate, it will be read at length at the table as soon as it is taken into cou- ' Can. Com. .1. lS(i7-H), 2-'5, UIJO ; //-. fiO, (i7,«ts,2, L'i»3, :UM». Can. Com. J. (1S77), l.';]7- 2:iit, 240; Sen. .1. 214, 21."). 21(i, 2i.'l, 229. ZM)', ( an. Com. .1. 2(;S; Sen. J, 239,240. Can. Com. J. (iKS(i), IHl, 1«2, 215, Sen. J. 107,137, 147. In Can. Com. J. (ISSO), 57 ; Sen. J. 47, 4S, will be seon the procednro in the caso of the joint acUlieHB to the governor-generfti on tiie subject of granting relief to Ireland. 28 If \\ I •ML! f?ii il' ^!! 1,1 11 I .! :i it 1: W/M IMAGE EVALUATION TEST TARGET (MT-S) m ^ ^ .^ A 1.0 I.I 1.25 1.4 11.6 — 6" Wa e /a ^> Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY. M580 (716) 873-4503 is %> 354 ADDJiESSES, MESSAGES AND VOTES OF THANKS. sideration by the Commons. The blank after the words " the Senate " in the address, will then be filled up with the words, " and Commons " ; and the address con- curred In. An address wil] next be passed to the gover- nor-general requesting him to transmit the joint address to the queen. The Senate will then proceed to fill up the blank in this address in the usual way, and communicate the fact to the Commons. The addresses will be presented to his Excellency by such members of the Senate as are members of the privy council.' IV. Addresses of Condolence and Congratulation.— Addresses of congratulation or condolence to the sovereign are always passed nemine contradicente. Such addresses are moved immediately in the English Houses without reference to a committee, and the same usage now obtains in the Sen- ate, but in the Canadian Commons the old practice, in reference to addresses, still continues." Again, if the Houses iSen. J. (1872), 2ts,29; Com. ,T. IG, 24; .Sen. .T. 36; Com. J. 2i); Com. J. 1S70, Feb. 21 ; Com. J. (ISSO), 7S, 79, S2, 101: lb. (1S82), 330. 490. In the English Houses such addressea are presented by both Houses in a body (74 E. Com. J. 279) ; or by two peers and four members of the House of Commons (114 E. Com. J. 373) ; or formerly by committees (1 lb. S77 ; 2 lb. 4G2) ; or l)y the lord chancellor and speaker of the Commons (16 lb. 54) ; or by the lord chamberlain, or lord steward, and four members of the Commons (130 Ih. 190, 326) ; but the Lords always iearn her I^Iajesty's pleasure, and communicate to the Commons by message, the time at which she lias appointed to be attended (137 E. Com. J. 94). The same practice obtained in tlie oil legislative council of Canada- Can. Leg. Ass. J. (1859), 145, 539, 5S7. ■•' 113 E. Com. .1. 31, marriage of the Princess Royal ; 116 lb. 112, death of Duchess of Kent ; 123 lb., attempted assassination of Duke of Edin- burgh, 142 ; birth of a princess, 309 ; death of Princess Alice, Dec. 16 and 17, 1878, Lords' and Com- .1. ; Leg. Coun. J. (1862), 57, 88, death of Prince Consort (joint address) ; Leg. Coun. J. (1863), 135 ; Leg. Ass. J. 167, marriage of Prince of Wales; Can. Com. J. (1867-8), 225, attempted assassination of Duke of Edinburgh. Can. Com. J. (1872), 16, 24, 29> restoration to health rf Prince of Wales. Can. Com. J. 1879, Feb. 21, death of Princess Alice (joint address). Joint address to her Majesty on her escape from assassination, Can. Com. J. (1882), 105 ; Sen. J. 73, 78, ADDRESSES OF CONGRATULATION, ETC. 355 wish to congratulate any memljer of the royal family on their marriage, or to condole with them on some sad be- reavement, they may do so in the form of a message.' In England " certain members are always nominated by the House to attend those illustrious personages with the messages or resolutions ; one of whom afterwards ac- quaints the House, (in the Lords, in his place, or at the table ; in the Commons, at the bar), with the answers which were returned." - A similar practice obtained be- fore the confederation of the provinces in the Canadian legislature. When the message had been agreed to, it was ordered that certain members do wait upon his Ex- cellency the Governor-general with the message and re- quest him to transmit the same to the proper quarter.* Under the present practice, the House would order an address to his Excellency, which would be delivered to him by such members of the House as are members of the pri :y council.' No such message, however, it may be added, has been agreed to since 186Y, the necessity for such a motion not having arisen. In 1882, the Houses forwarded through his Excellency the Governor-General by the Atlantic cable messages of congratulation to her Majesty on her escape from the attempt on her life.' In 188*7, the two Houses sent a joint address to her Majesty congratulating her upon the completion of the fiftieth year of her reign." It is always usual for the two Houses to present ad- dresses to the governor-general, congratulating him in case 79. Death of Prince Leopold, Sen. J. (1SS4), 229, 242 ; Can. Com. J., 328, 335, 350. 1 Can. Leg. Ass. J. (1S63) 168. ^ May, 517-8; 53 Lords' J. 369; 95 E. Com. J. 95; 52 E. Hans. (3), 343 136 E. Com. J. 130, 223. •' Can. Ass. J. (1863), 168, 204. * Can. Com. J. (1S67-8) 378 ; 76. (1869), 223. s Ih. (1882), 105 ; Sen. J. 79. « Sen. J. (1887) 104, 156; Can. Com. J., 208, 209, 229. t „ ,i9 % h i% ivi- l|:'^ If f i> \'t, 1'^^ I I % ■' I w mHiP 356 ADDJiESSES, MESSAGES AXD VOTES OF THANKS. of his elevation to the peerage. ' In 1880, the Houses passed an address congratulating the Marquis of Lome, then governor-general, and her Royal Highness the Prin- cess Louise, on their escape from serious danger." V. Address on Retirement of Governor-General.— It is also the practice to pass a joint address at the proper time, express- ing regret at the termination of the governor-general's official connection with Canada. His Excellency will take the most convenient opportunity that offers of acknowledging such an address in suitable terms. In the case of Lord Lisgar, in 1872, he did not send down a special message in answer, but deferred his reply until he delivered the speech at the prorogation of parliament.' In the next case, that of the farewell address to Lord Dufferin, in 1878, it was ordered in each House to be presented by such members as were of the privy council. A member of the privy council subsec^uently informed the Senate that Lord DufFerin had appointed two o'clock of the afternoon of a later day, in the Senate chamber. The Commons were duly informed of the fact by message, and were accordingly able to be present at the reading of the address and answer. On a subsequent day, a member of the privy council presented, in each House, a copy of Lord Dufferin's reply, in order to give it a place in the journals.^ In 1883, the two Houses passed a similar address pre- vious to the departure of the Marquis of Lome. On this occasion also, the address was orde^-ed to be presented by members of the privy council. On the last day of the session, a few minutes before the formal prorogation, the speaker of the Commons informed the members present ' Sen. J. (1871 ), 25, elevation of Sir John Young to peerage as Baron Lisgar. ■' Sen. J. (1880), 53-54, Gl ; Com. J. 78, 79, 82. 3 Can Com. J. (1872), 292, 293, 319, 335; Sen. J. 201-2. * Can. Com. J. (1878), ltj4, 165, 166, 171, 182; Sen. J. 183-85, 193. riii'SEXTAriox. 357 that he had just received intimation from his Excellency that the address wonld be presented in the Senate cham- ber. Accordingly, the Houses having adjourned during pleasure, the members of both assembled on the occasion of the reading of the address by the premier, Sir John Macdonald. His Excellency read his reply, which was duly reported to both Houses, and entered on the jour- nals. It was also ordered in the Senate to be printed in both languages for the use of members.' In 1 888 the two Houses passed an address to Lord Lansdowne on his retirement from the governor-generalship of Canada to preside over +he government of India, and it was pre- sented in the Senate chambers by the two speakers — one readinjr it in Eno-lish and the other in French. The answer was duly reported by the speakers in each House, and entered on the journals.- VL Presentation of Addi'esses— It was formerly the practice for the Canadian Houses, separately or jointly, to wait upon his ExcelleD'^y the Governor-G-eneral with the ad- dresses in answer to the speech.' When the address had been agreed to and ordered to be engrossed, it was resolved that it be presented to his Excellency by the whole House, and that such members as were of the executive council do wait upon him to know his pleasure, when he would be attended with the said address. One of the members of the executive council would then inform the House of the time when his Excellency would be ready to receive them with the address.' At the hour appointed the Houses ' Can. Com. J. (1883), 429, 430, 43i, 430 ; Com. Hans. 1396 ; Sen. .1. L'SS- 290, 292-293. - Sen. J. (1888), 249, 260, 272, 274 ; Can. Com. J. 307, 316, 3S7. ■ Upp. C. Ass. J. (1792), 6, 7 ; Low. Can. Ass. J. (1792), o8 •, Can. Ass. .1- (1841), 67; 16.(1859), 01, i<:c. * In the old assemblies of Upi)er and Lower Canada a deputation of members was ordered to attend his Excellency to learn the time and place for reoeivini? the address. This deputation would report the answer to the House. On December 26, 1792, we find this entry in the ■ M' i ? ' 358 ADDRESSES, Mi:SSA(rES JSD VOTES OF THASKS. adjourned duriug pleasure, and attended his Excellency, generally in the executive council chamber,' but some- times at government house," The speaker, attended by the serjeant-at-arms with the mace, and by the members of the House, would proceed in carriages to the place of meeting. On being admitted into the presence of his Ex- cellency, the speaker read the address in both languages, the mover and seconder being on his left hand. His Excel- lency would reply, and then the House retired. ' In case of a joint address, the speakers of the two Houses would proceed in state to the place of meeting, and would enter side by side into the presence of the governor-general ; and the president or speaker of the legislative council would read the address to his Excellency in English and French. On returning to their respective Houses, the speakers would always communicate the reply of which they had received a copy on leaving the presence of the governor-general.' On such occasions the legislative councillors were in full dress, as is always the case with the senators when his Excellency opens and prorogues journals of l.ower Canada: '-The House is unanimous tl-at the speakpr set out at noon, preceded by the serjeant-at-arms bearing tlie mace, that the members follow to the chateau St. Louis, where IMr. Spnaker will read the address, after which a memlier will read the same in En<;lisli [Mr. Panet could not read Enjrlish very accurately], that the clerk do follow the House at some distance in case of need, and that the House do return in the same order," 1 Low- Can, J. 5S, GO; 1 Upp. Can. Ass. J. 6, 7 ; 1 Can. Ass. J. 67. ' Quebec Mcrairt/, Pari. Deb. Feb, 28, 18i3. -' Low, Can. J, (1792), 60; Can, Leg. Ass..T. (1841), 69. •* The governor general replied only in English to the addresses to the old assembly of Lower Canada, and of the old Canada legislature. It was usual for the speaker of the legislative council to read the speech to the two Houses in French, after its delivery by his Excellency. It was not till the re[;eal of sec. 41 of the Union act of 1840 that the speeches were delivered in French as well as English, Lord Elgin was the first to commence the practice which has always been continued to the present time, * Leg. Ass. J. (1844-5), 317; Leg. Coun. J. 125, PRESENTA TION. 359 parliament. The members of the assembly, however, pre- sented themselves in their ordinary dress.' The practice of presenting the addresses in answer to the speech by the Houses in a body continued up to 1867 ' when the more convenient course was adopted of present- ing such addresses by members of the privy council.' It had, however, for many years previous been the practice to present addresses on general ^subjects, through execu- tive councillors,' or the speakers of the two houses,' or by committees of the same.'' Addresses for papers and re- turns weri; formerly taken up by a committee, one of whom would sometimes report the reply.' It was soon, however, found for the convenience of the House to pre- sent such addresses by members of the executive council ;"* and the answers would be brought by one of the same f or be sent down by message."' This practice is still con- tinued, but the ansv^^ers are now brought down by a member of the government, to whom they are transmit- ted by the secretary of state." The answer to tLe speech at the opening of the session is always brought down by the premier or other member of the cabinet in his ab- sence ; '" and the same practice obtains in respect to mes- sages generally." Messages are always received by the members standing and uncovered, when they are signed by his Excellency's own hand." In the Senate such mes- ' In conformity with an old parliamentary j>rivile;^e, 2 Hatsell, 390 n. - Let,'. Ass. J. (1866), 16, 17. 'Can. Com. J. (1867-8), 15. ' Leg. Ass. J. (1844-5). 437. ■'■ Leg. Ass. J. (1841), 309; Leg. Conn. J., 112. See lnfra,?,o7 for cases of speakers still presenting formal addresses to governor-general. '■ J(>. (1841), 630. " lb. (1841 ), 99, 212. '^ Ik (1S41,) 172. " lb. (1841), 191, 202. "* lb. (1841), 173, 201 ; lb. (1842), 46, 111. " See mpra, 335. '- Can. Com. J. (1872), 18 ; Jh. (1877), 44 ; Sen. J. (1877), 50. ^' Can. Com. J. (1872), 16; lb. (1877), 39, 44, 324, 333. " lb. (1877), 44. See infra, 400- 'P !i': i ! iO» I. I'll ID f "i t n \ Ml Hi 8G0 AI)l)IiI':s.s/:s, MESSAGES AM) VOTES OF TUAXKs. sugos tire gviun-ally read by tho clt'ik at the tabl«' ; ' in th(> Commons by tho spoakor.- Tii case thoy aiv ^j«ff//// road by tho dork iii tho IIouso of Commons, mem- bers neod not bo unoovered.' It is tho usage, however, in tho Commons for members to remain standing and uncovered whilst the speaki'r or elork reads tho message in French — tho document being always sent in tho two languages. Messages tor tho attendance of the House in the Senate chamber are always brought by tho usIkm- of the 1)1 ack rod, and such messages should be received by th«' House in silence, and uncovered ; but the raombors do not stand on such occasions— that ceremony being reserved for written messages immediately from tho queen or her representative. VII. Messages from Governor-General.— In accordance with constitutional usnge the governor-general moots the two Houses in person only on those occasions when ho opens or prorogues parliament or when he assents to bills in the course of the session. Other communications which take place during the session, from tho head of the execu- tive to tho legislative branches, or either of them, are made by message. These messages are either vjritten or verbal. Written messages are confined to important public matters which require the special attention of parliament. The estimates for the public service,' reports of roy:il commissions,' and all despatches from the imperial gov- ernment acknowledging the receipt of addresses to her Majesty and relating to other subjects," are brought down by message under the hand of his Excellency. ' Sen. J. (lS(i7-S), l'U ; Ih. (1877), 30, 50 ; //). (1890) 3(). - Can. (?oni. J. (1S77), 3!>. ■' 2 Hatsell, 3(3o n. * Can. Com. J. (1878), 37. '' Jb. (1873,2nd sessioni, 120 (Canadian Pacilic R.R.); lb. (1885), 124 (Chinese immigration). "Sen. J. (1879), 159. See despatciies in reply to addresses: on the MESSAGES. 301 111 the session of 1878, a ministerial ciisis occurred iu the province of Quebec, the deBouchervillc ministry having been called upon to resign by the lieutenant- governor, notvsrithstanding the fact that they were sus- tained by a large majority in the legislature. The two branches of the legislature passed addresses to the gov- ernor-general and the two houses of parliament, con- demnatory of the course pursued by the lieutenant- governor. These addresses were brought down by a message and read at the tables of the two Houses, The answer of the lieutenant-governor was also brought down by message.' In the session of 1880, a message was received from his Excellency recommending the granting of -S 100,000 lor the relief of the great distress in Ireland. The message was considered in committee, and a resolution to grant the money adopted. An address was then passed, thank- ing his Excellency for his message, and informing him of the passage of the resolution. Subsequently a joint ad- dress was passed to his Excellency, praying that he would cause the issue of the money out of the consolidated fund. Sometime later a despatch on the subject from the secre- tary of state for the colonies was transmitted to the Houses by his Excellency." attempted assassination of the Duke of P^dinhnri^ii, Can. Com. J. (ISfi'J), 20; on tlie imperial Extradition Act, lb. (1S78), 45 ; on an attempt airainst her ^lajesty's life, lb. (1882), 321 ; such messages are hrought down by a privy councillor in either House. In 1891, a reply to a loyal address of the Commons to the queen, passed and forwarded in 1890, was .'-ent by the governor-general to the premier to lie communicatetl by him to the House ; Can. Com. .7. (1890), ST-r.O ; lb. (1891 ), May IS. 'Can. Com. J. (187S), 100, lOH, 150. The message was printed only in the V- and P.; both message and address appeared in full in the Senate minutes of the 22nd 3Iarch, 1878. See mpra, 06 note. '■'Com. .1. (1880), 30,35, 40, 57, 78, 375; Sen. J. 47-S. A similar case occurred in 1854-5, during the Crimean war, when the Canadian parlia- ment contributed the same amount towards the relief of the wounded and the widows and orphans of tlio soldiers of England and France. Jour.. 309, 345, 34(3, 353, 354, 595. ■r i- , I r '-^ I?'; iiij irf making a report in this case; bat he preferred to " run the risk of appearing to do that which may be unnecessary to the possibility of apiiearing to be wanting in deference to the House." Tiie select committee reported that the chief justice had ful- lilled his duty in reporting the matter to tlie House, and that there was no necessity for giving it further attention. Also case of Mr. Gray in 18S2; 137 E, Com. J., 487, 490,491, 504, 509. ADDRESSES TO . 'UM'E OF 'VALES. ing its williiignoss to concur in the moasu^es which may be adopted by the other House.' It is the rule, in fact, in both Houses to answer by addresses all special messages which refer to important public events ;" or to matters connected with the interests, property, or prerogatives of the Crown,' or which call for special legislative action But in regard to measures relating exclusively to pecu- niary aid of any kind, ft is only necessary for the House of Commons to consider them in committee of the whole, on a future day, when provision is made accordingly.' When the message contains a minute of council with a recom- mendation to Parliament, it is sufficient that the House concur in a resolution on the subject." VIII. Address to Prince of Wales, 1860.-The legislature of Canada in 1859 passed an address to the queen praying her Majesty to pay a visit to Canada.^ At the commence- ment of the session of 1860 the governor-general trans- mitted a despatch from the secretary of state for the colonies, in which her Majesty expressed her sincere regret at not being able to comply with " this loyal in- vitation," and informed the Canadian people that the Prince of Wales proposed visiting this dependency of the 'Sen. J. (1SG7-8), 212, 214 ; 114 Lords'.!., 78. ^S2 E. Com. J., 114 ; 239 E. Hans. (3) 274, 290, S70, 103^^. Le^'. Ass. .1. (ISOl), 72, S4 &c. Can. Com. .T. (1S67-S), 224. '85 E. Com. J., 466 ; 89 ]h., ,-)7S; '85 E, Com. J. 214 Can Com. J. (1867-Si, ISO, 201; lb. (ISSO). 40 (Irish relief I. -May, 512 ; S6 E. Com. J. 488, 491 ; 105 lb. 539, 544 ; 129 lb. S3, 96, (Sir Garnet Wolseley) ; 137//>.,n2, 1:0, 120 (Marria<:o of Prince LeopokU; Can- Corn. J, (lSfl7-S), 347; Z/^. (1S69), 22, 29;//'. (ls77), 39, 44, 324, 33.3. In the old legislative assemblies it was the practice to send answers to all messaL'es (which were very freciuent in early pnrliamentary times) in the shape of resolutions or addresses: Low. Can. J. (1792), 108; //*, (1799), 140, 150. " Establishment of provisional districts in the N, W. T. Can. Com. .1. (1S82), 414, 509. "Leg. Ass. J. (1859), 583, 584, 587. Ml llAl 364 ADDRESSES, MESSAGES ASD VOTES OF THAXh'S. empiro. The two Houses of the legislature iheii passed addresses congratulating' the prince on his arrival i». Can- ada, which addresses were ordered in each House to be " presented by Mr. Speaker, with the mace, attended by such honourable members of this House as may be present on the occasion." ' The addresses were presented sepa- rately in the parliament house at Quebec, on the 21st of August, 18G0. The Prince of Wales received the two Houses in the chamber of the legislative council, which had been appropriately decorated for this memorable cere- mony. The address of the legislative council was first presented by the speaker, who was preceded by the gen- tleman usher of the black rod and the serjeant-at-arms with the m c*^ A number of members of the council, together wit! the clerk and other officers, were present in full dress. The speaker advanced and read the addres.s, first in English and then in French ; and the prince de- livered the reply also in the two languages. The address of the Commons was delivered with the same ceremonies. The two speakers. Mr. N. F. Belleau and Mr. H. Smith, on that oct?asion received the honour of knighthood at the hands of his Royat Highness. "When parliament assembled in 18^31, the speakers laid the reply of the prince to the addresses before the two Houses, and in- formed them that " after the reception of the address, the hon. members then present were severally presented to his Royal Highness, who received them A'ery gracious- ly.' The speaker of the assembly also communicated the fact that he had received the dignity of knight- hood, which he was " persuaded was conferred for no service or merit of his own, but as a distinguishing mark of royal favour and approbation from our most gra- cious sovereign to the faithful Commons of Canada, whose ' Leg. Coun. J. (ISHO), 270, 285 ; Leg. Ass. J. 4, 435, 454. ' Dent's Canada since the Union, ii. c. 38. THANKS TO DISTISGVISIIEI) rERSOXS. 3t*)5 reprot^ontativo on that anspi«-ious occasiou it was his happiness to be." ' IX. Thanks to Distinguished Persons—Letters from distill- ifuishod individuals, in return to thanks of parliament (.ommunioated to them by order of the House, are always laid before the same by the speaker, and b 'iuLr read are ordered to be regularly entered in the journals.- Sueh thanks ar<' voled to distinguished officers of th'' army and navy who have performed signal services which demand some official recognition from parliament. Such motions should b'j! made by members of the government concur- rently in the two Houses.' Several cases occurred in Canada during the war of 1812-15, and the rebellion of 1837-38.' In 1885 the thanks of the two Houses vA'ere unanimously given to Ma,jor- General Middleton, C.B., and to the officers and men of the militia force of Canada for their services in suppressing the rebellion in the Northwest Territories.' 'Leg. Coun J. (ISGl), 114, llo; Leg. Ass. J. 7, 8. No suoli otlicial statement was made in the legislative ooniicil by tliesj^eaker. • 151 E Hans. (3), 2152 ; 152 lb. 211. Low. Can. J. (1S14), 114, 1S6. ^ 148 E. Hans, (o), S80, governor-general of India, etc.; gent rals of In- dian army ; 14'J E. Hans. (3), 252, 253 ; Totld's P. Gov. i. 593-.397, where this subject is fully treated. The officers thanked by name should be in chief command (Mirror of V. 1841, p. 222), but others may be thanked collectively ; 136 E. Hans. (3), 324. Also 249 E. Hans. (3)," 2 (gov.-gen , and army of India). Also 137 E. Com. J. 492 (Egyptian expedition). * Brigadier-General Proctor; Low. Can. J. for 1813 and 1814— Colonel de Salaberry for bravery at the battle of Chateauguay ; Low. Can. J., 1814, i)p. 92, 186. — Colonel Morrison for defeat of Boyd at Chrysler's farm ; Low. Can. J. 1814, pp. 92, 114.— Also to Colonels Fitzgibbon, Mac- Nab and others; Upp. Can. Leg. Coun. J. (1838), 17, 106, 113, etc.— To Colonel Radcliffe and volunteers of Upper Canada ; Leg. Ass. J. (1838) 29, 234-5. ^Can. Com. J. (1885), 666; Sen. J. 411. General (now Sir Frederick) Middleton's letter in reply was communicated to the House of Commons by Mr. Speaker ; Can. Com. J. (1886) 134. .' i-' I'. ill ' ■ 1 }' ■;■''. t \ 5;' :'h, " •?. 'J l5j li 1 ■■.•':isi - i I J I ,1 . ':- J- M - t ■flttii - -^'A CHAPTER XI. MOT loss L\ GENE HAL. I. Notices of motions. — II. Rules and usages relative to motions. — III. Motions relativpi to public business.— IV. Questions of privilege. — V. Motions of want of contidenee, not privileged. — YI. Questions put by members. — VII. Motions in amendment. — VIII. Dilatory motions: adjournment ; reading orders of the day ; previous question ; amend- ments to such motioi >.— IX. Renewal of a question during a session. I. Notices of Motions.— Wheu a member proposes to briug any luatter before either House with the view of obtaining an expression of opinion thereon, he must make a motion of which he must give due notice for consideration on some future day, unless it be one of those questions of privilege, or urgency which, as it wall be shown hereafter, may be immediately considered. Rule 14 of the Senate is as follows : — " One intermediate day'.s notice, in writing, must be given of a 11 notices deemed special." ' When a senator intends to give notice of a motion, it is u sual for him to rise in his place, at the time fixed for rou- ine business, and read the notice which is handed to the clerk, so that it may appear in its proper place in the minutes of proceedings.- When a question has been once and sufficiently con- sidered, the House will not agree to its renewal. In 1880, a itenator rose and gave the usual notice of proposed reso- ' See ruling on this point of Mr. Sp. Allan, Sen. Deb. (1889), 37, 38. ■^ Sen. Deb. (1871), 23, 27, 61, 88, &c; i6. (1872). 15; lb. (1874), 8; lb. 1875), 210 ; remarks of Mr. Speaker Christie as to practice. K^'HI NOTICES OF MOTIONS. 367 lutious, but objection was at ouce taken ou the ground that the matter had been already disposed of otherwise. The Senate finally resolved that " the notice should not be re- ceived by the clerk," inasmuch as the subject-matter there- of " had already been considered during the i^resent session and referred to the committee on contingent accounts. " 1 It is not an unusual practice in the House of Lords — and the same has been sometimes followed in the Senate — to allow a member, in giving notice, to make remarks of an explanatory character as to the nature of the motion, as to the reason for proposing it, as to the course the member intends to pursue,- but no remarks of a controversial or argumentative character should be made, nor will any debate be permitted at such a stage, when the House has had no opportunity of considering the subject-matter of the motion. ' No notice need be given in the Senate of public bills.' Neither has that body any special rule, like that of the House of Commons, requiring a seconder ; but it is the practice, nevertheless, to have a motion duly seconded.' As soon as a member of the House of Commons has prepared his motion, he will hand it to the clerk, or clerk * Sen. J. (18S0), 201-2; Hans., 370-5. See somewhat analogous En;j;- lisli case vcited by jMr. Dickey in debate), 7th June, IS.jS, when Lord Kingston gave notice of certain (juestions. Tiie lords resolved that the questions had been sufliciently answered, and Avould not permit the renewal of the subject. Also Lords' Minutes, 191. ■' 141 E Hans. (3), 1383 ; 145 lb. 1S69; 149 lb. 1193, 1700; 157 lb., 930; 210 lb. 378. Can. Pari. Deb. (1870) 766. ' 164 E. Hans. (3), 175. In fact, the necessity of giving notice precludes any debate ; sucli explanations as aro made are given only with he in- dulgence of the House. ' R. 39 ; chapter on public bills. Private bill? are brought in on petition. ^Sen.J. (1878), 190, 191, 193; lb. (1883), 227, &c. In the Lords any lord may submit a motion for the decision of their lordships without a seconder— the only motion requiring a secoiider, by usage, being that for the address in answer to the queen's speech. 109 Lords' J. 10, 35. 70, 92, 93; May, 290. ■M : ■ : i n ^ 1 ir K! 368 MOTION.^ IN GENERAL. s • ': I' i l\ \l -U assistaut, whose duty it is to see that it is in order,' and to insert it in its proper place in the votes and pro- ceedings. Rule 31 orders : — " Two days' notice bhall be given of a motion for leave to pre- >?ent a bill, resolution, or address, for tlie appointment of any committee, or for tlie putting of a question; but this rule sliall not apjtly to bills after their introduction, or to private bills, or to the times of meeting or adjournment of the House. Such notice to be laid on the table before 5 o'clock, p.m., and to be printei in the votes and proceedings of that day." - The latter part of this rule is not very strictly carried out — the practice being to accept motions up to six o'clock in the evening. A motion sent in on any sitting day will appear according to the order of its presentation at the end of the votes and proceedings of the following day, and on the order paper among the notices of motion on the second day after its receipt at the table. Notices of motion for the introdiTction of public bills appeared up to 18*79 only in the votes and proceedings, and were brought up when motions were called during the progress of routine business, but now they are placed on the order paper. If Saturday is a sitting day, then the notices given on that day will appear on the order paper on the following Monday. II. RuJes Relative to Motions.— All motions in the Commons must be in writing or print, and seconded before they can be proposed from the chair.^ It is the common practice ' Tlie clerks at the ttvble may amend notices if they are irregular. The proper and con\'enient course is for the clerk to direct the attention of the speaker to any special irregularity, who wi'i communicate, if possible, with the member ; but in ordinary cases the clerk may confer witli the member himself. 188 E. Hans, (ii), 1066, '^ A notice of motion may be handed in on first day of a new parliament as soon as the speaker is elected. See V. and P., 1867-8, 1887 and 1891. •' 222 E. Ha is. (3), 421 ; 226 76., 386 (no seconder, and motion not put.) A speaker in he Canadian Commons even thought on one occasion that the motion .ov the adjournment of the Houoe should proj^erly be in RULES RELATING TO MOTIONS. 369 for members to obtain their motions from one of the clerks assistant who has them prepared in print from the votes and proceedings. The 33rd rule provides as follows : — "All motions shall be in writing and seconded, before being debated or put from tiie chair. When amotion is seconded it shall be read in English and in French by the speaker, if he be familiar with both hingiinges; if not, the speaker shall read the motion in one language and direct the clerk at the table to read it in the other, before debate." ' No motion is regularly before the House until it has been read, or in parliamentary langiiage, proposed from the chair, when it becomes a question.- AYhen the House is in this way formally seized of the question, it may be debated, amended,' sup3rseded,' resolved in the affirma- tive,'^ or passed in the negative," as the House may decide. If a motion be out of order, the speaker will call atten- tion to the irregularity, and refuse to put it to the House under the thirty- seventh rule. " Whenever the speaker is of opinion that a motion ottered to the House is contrary' to the lules and privileges of parliament, he shall apprise the House thereof immediately, before putting the question thereon, and quote the rule or nutliority applicable to the case." Consequently if, on reading the motion, he detects an irregularity, he will at once apprise the House of the fact without waiting to have a point of order raised.^ It seems from the English authorities to be the duty of the speaker to take it for granted that whoever addresses writing ; but the practice has invariably been not to enforce the rule in respect to such purely formal motions. Author's Notes, April 3, 1878. ' See mpra, 1165, on the use of the French language. ' May, 298. •' Can. Com. J. (1876), 69. * Can. Com. J. (1870), 237 ; Sen. J. (1876), 132; 121 E. Com. J., 78. ^ Can. Com. J. (1877), 60, 84 ; 129 E. Com. J., 114. « Can. Com. J. (1877), 132 ; 129 E. Com. J., 112. ' 76 E. Hans. (3), 1021 ; 112 E. Com. J., 157 ; 115 lb., 494 ; May, 298. See supra, 214, as to the duty of the speaker un iei o«^li circumstances. 24 ■ 7 '1 i 'n :.,.iylp\ i\*. 787 ; 230 lb. 1026; 250 Ih. 1540-41. Sen. Deb. (1889) 631. Or if a motion for adjournment be made, it must be first withdrawn ; Can. Com. J. (1886), 78. * 180 E. Hans. (3), 887; May, 299. No member may amend his own motion, but with leave of the House he may withdraw it and substitute another. Mr. Sp. P rand, 212 E. Hans. (3), 192-218; 235 ii. 1625 ; Can. Hans. (1887), 137. COMPLia I TED Q CFS TIONS. 3Y1 guage, as " complicated questions," they may always be divided into distinct parts with the consent of the House. No individual member, however, can ask, as a matter of right, that such a question be divided, since the House alone can properly decide whether it i^< complicated or not and into how many propositions it may be divided The fact is, the necessity of dividing a complicated question is now obs'iated by the facilities ottered for moving amendments. But, in any case, it is always open to a mem- ber to move formally that a question be divided.^ A motion which contains two or more distinct proposi- tions may be divided so that the sense of the House may be taken on each separately." In the case of motions res- pecting select committees especially, it is the practice of the Canadian House to combine several propositions in one — that is to say <"he object of the committee, names of members, number of quorum, power to send for persons and papers, etc. But in the session of 1883, Sir John Macdonald followed the more correct English practice of separating the different parts of a notice of motion respect- ing a committee on the subject of licenses for the sale of intoxicating liquors. This is the more logical and conven- ient form of procedure, since it gives the House an oppor- tunity of deciding on each distinct proposition. ' A motion on the order paper must be in accordance with the notice in the votes ; and should a member desire to substitute another, or alter its terms, he must first obtain the leave of the House.' In the English House it is always necessary that the terms of a motion or question should be printed at length •2 Hatsell, 118-120. ■' 253 E. Hans. (3), 1763-4. •' Can. Com. J. (1883), 125-8, and Votes, 142. For example of Cana- dian practice respecting committees, see Jour. 1879, pp. 248-9. For Englisli practice, 137 E. Com. J. 65-6. ♦Can. Com. J. (1873), 326; 78 E. Hans. (3), 717; 212 lb, 218, 219; 235 lb. 904 ; Can. Hans. (1876), 535 ; lb. (1879), 1251. M mi i' I r. 'f t \ I 1 ^b' I '» ii 372 MOTIOXS IS OEyERAL. in the votes at least one day previously to being brought up in the House.' But this rule is not applied to resolu- tions to be proposed in committee of the whole.- It is con- sidered sufficient if a member gives notice of the purport of his proposed resolution. The convenience of the House, however, is b^st consulted in the case of every important question by giving the resolution in full in the votes the day before it is to be considered in committee ; and this is now invariably done in the Canadian Commons.-' If a member refuses to proceed with a motio i, the House cannot force him to do so, but he has a right to drop it.^ A member who has given notice of a series of resolutions may withdraw some of them and go on with the others.^ A member may not propose a motion in the absence of another who has placed it on the notice paper, except with the general consent of the House.'' Merely formal motions for the adoption of reports or for certain papers to which there is no objection, are frequently permitted to be made," but all motions involving discussion must be proposed by the member in whose name they appear on the paper. For instance, in the session of 1877 Mr. Speaker interrupted a member who was proceeding to move a resolution with reference to a prohibitory liquor law, in the absence of Mr. 1 148 E. Hans. (3), S65 ; 205 Ih., 774; 207 Ik, 143 ; May, 2S6. ^ May, 286. Sardinian Loan, E. Com. J., June 12, 1S56. ■* Res. respecting inland revenue, adulteration, gas and gas meters, V. and P. of Feb. 15 (p. 43) and 23 Feb. (pp. 76-7) ; 20 March, 1877 (pp. 172-3) ; Can. Hans. (1877), 248, 853-55. Here Mr. Lafla-nme (minister of inland revenue) gave, in the first instance, only notice of the substance of the proposed resolutions ; but subsequently he published them in detail in the votes before he moved them in committee of the whole. ' 32 Pari. Reg., 43. 5 Mr. Gladstone's motion, 234 E. Hans. (3), 385. " May, 296. 231 K Hans. (3), 662, where we find the speaker would not allow a member to move a clause in a bill of which notice had been given by another member. ' For instance, March 4th, 1878 ; Sir J. A. Macdonald, in absence of D'-. Tupper; Mr. Taschereau, of Mr. Frechette. Can. Hansard, 721, 738. Very commonly done in 1879 and subsequent years. RELATISO TO BCSiyESS. 373 Schultz, in whose name it appeared ou the notice paper.' It is quite customary for members to send in notices iu the names of absent members who have requested them to do so.- Ministers also have the privilege to propose the motions of their absent colleagues. One member may take charge of a public bill in the absence and with the pevmission of another member. When a member has dropped a public bill, or it has disappeared from the order paper it may be moved by another member. ' If a member should be unseated in the course of a session, another member will not be permitted to propose a motion which appears on the paper in the name of the former, though of course he may renew it on his own behalf.' No member may move the discharge of a bill without notice, in the absence of the member who has it in charge and who has not given any such permission.' Neither can any motion be with- drawn in the absence of the member who proposed it ; but it may be negatived or agreed to in such a case on the question being put formally from the chair." III. Motions relative to Business,— It has been decided in the English Commons ihat a motion, even in reference to the business of the House, can be taken out of its ap- poilited order only by " universal assent." For instance, ' Author's Notes. Also Northern R. R. Can. Hans- (1S77), 196. -2 E.Hans. (1),439. ' Can. Sp. D. 101). The Insolvency Bill, 1S76, introduced by Mr. Bourassa, disappeared from the order paper (the House refusing to read it then a second time), but it was revived by Mr. Caron ; Journ., 184, 245. It is usual to allow a member to bring in a bill for another when there is no opposition, but not when opposition is exi)ecled; Mr. Sp. Brand, 209 E. Hans. (3), 330. ^ Mr. Langevin's motions, March 5, 1S77. Author's Notes. 5 187 E. Hans. (3), 208 ; 216 lb., 2b8, 276-7 ; 240 lb., 1675 ; 247 lb., 1403. " 159 E. Hans. (3), 1310. In 1880 Mr. Schultz moved that the House go into committee of the whole on the Northwest Colonization Land Bill, but the debate was adjourned, and when the question was again taken up, Mr. Schultz was absent. The motion for committee was then negatived and the bill withdrawn. Can. Com. J., 249, 266. H > i I I wv m /M' ' ' V s i'lf I 1: If 374 MOTioys jy oEyEiuL when it was proposed in the English Commons to take up immediately, out of its regular place, a motion to the effect that for the remainder of the session certain days should be at the disposal of the government, Mr. Speaker Brand decided that this could only be done with the general consent. " With the permission of the House," he said, *' a motion relating to the business can be made without notice. If it is the pleasure of the House that the motion should be put at once I shall do so, but this must be by general assent. If there had been a single dissentient voice I would have submitted to the House that such a question could not be put," ' In 1879, a similar case arose in the Canadian House of Commons, and Mr. Speaker Blanchet decided that the motion could be made only in its regular order. At the close of the day's pro- ceedings, it was made with the general assent of the House.- The 24th rule provides for all items on the order paper being taken up in their regular order.' Many motions known as " unopposed " ^ are frequently made without notice, in accordance with the 32nd rule of the Commons, which provides : " A motion may be made by uniinimous conbent of the House without previous notice." These motions refer to the adjournment of the House over a holiday or a religious festival,' to leave of absence for members, to the addition of members to committees and to other matters connected with the business of the 1- ■ r w; • 226 E.Hans. (3), 94, 127. •^ Can. Hans. (1S79), 650. On government days, all government notices appear and are first taken up on the order paper. '■* Supra, o04. In the Canadian L'ommons, in more than one case, it has been attempted to tai^e a notice of motion out of its place, and give it priority, which, of course, could not be allowed. See ruling in Can. Hans. 24th March, 1885, when it was proposed to give precedence to a bill without notice. Also Can. Com. J. (188!»), 214. ^ Any business may be considered " unopposed " when no notice of opposition is given. — Mr. Sp. Brand. ^ Siipra, 291. QUESTJOSS OF PRIVILEGE. House.' But, as already shown, if any member objeot to such motions being- made without notice they cannot be pressed.- It may be properly added here that it is the general practice in the English Commons to give preced- ence to a motion respecting the adjournment of the House (of which notice has been given) over other VnTsiness ' IV. Questions of Privilege.— Questions of privilege may always be considered in either House ' without the notice necessary in the case of motions generally. By the 38th rule of the Commons it is provided : " Whenever any matter of priviU'i:;e arises, it shall be taken into cousidoration immediately." It is the practice in the House of Commons to bring up a question of privilege after prayers, and before the House has taken up the orders of the day. Only in very aggra- vated cases, requiring the immediate interposition of the House, will any business be suddenly int'i'rrupted. If a member be insulted or attacked, or some disorder suddenly arises a debate may be interrupted ; '' for, as it has been clearly expressed by an ancient authority, " whether any question is or is not before the House ; and even in the midst of another discussion, if a member should rise to complain of a breach of the privileges of the House, they have always instantly heard him.'"' In the Canadian House of Commons questions of privilege take a very wide range, but it may be stated in general terms that they refer to all matters affecting the rights and immunities of the House collectively, or the position and conduct of members in their representative ' Can. Com. J. (18G7-8), 247, 422, kc. ; Il>. (1873), 370. - May, 288; 220 E. Hans. (3), 074; Can. Hans. (1878), 529; Can. Com. J. (1884), 244. Sen. Deb. (18S9), 37, 38. ' 240 E. Hans. (3), 1070 ; 252 lb. 422 ; 201 Ih. 1335. ' Sen. Deb. (1S70), 325. ^ 05 E. Com. ,1.134 ; 70 lb. 483. '• Mr Williams Wynn, Feb. 11, 1830 ; Mirror of P. vol. 31, p. 97. t 4 1 1 nn) Morin.ws /.v f,/<;.\7:AM/,. m i ■I {■<;■ HI ■ I .■ 3 rh!irji(!tt>r. In this tatf^ory m!>y 1m» pliutMl : molioiiN toiii'liinsi" llu' Ncnl or i'lcclion of nitMnl)t*rs ; ' vt'lh'clioii.s or lilx'ls ill hooks juitl uowspujxMs on tin* IIouh*' or iiummIxmn lluMvor," or iuiy of its i'omiiiitl«M's ; ' foruory ol" .sii»uiitiir('s io pclilioiis ; ' motions lor now writs ; ' (jucslions iiU'tMliii"- tlio inlcrnul «•« ononiy or i>r()(t'»»inl)(»r is considered a ease of [>rivile<>e. Imt in order to entitle a ineniber to bring" it up must show that it allerls hiin siiiee he heeame a member of rivilege ; ' but these are personal ' Kloi'tioii lotiinis ol' MiisUc^kii, Wt^st IVttMhiiKiimli ( l'^7;'>). '"'. *>, 1". •>'' ; Louis Kiel. l'>tli April, 1S7I ; iih'miIhts alleiioil tn l>t^ puhlif I'ontiactor.s, April !Hh ami Utli. 1S7" ; .wz/mi, 17/.. Ciiiinw oloctioii, •.»! K. Cmu. .1. 'J4 ; Stiimfenl el.vtion. K. C.nn. .). 1S4S. M:iy \'l; US V.. Han-. (:'>). !>.'U; '.t7 ]■:. ("oin. .1. l,\<;> ; '1\:> v.. Hans. {W) .MS; cavso of Sii (". Tnpp«r, ("an. Han.s. (1SS4). ,"i4l., .'»iprii. i7i). In ISS7 tiio (.iuoen's Co., (N.H.), ("flection cast' wu.s (alvtMi up as a l:(^on two siu-tvs.sivi' days, .way 'Mtti and Juno Ist. • Mr. riiui.soll, K. Com. .'. 'JOtli Kelt. 1S7;'.. i)fiiviii))ij FivinKiu and ('oiinicr (i'Outaouui.^, Can. Com. .1. (lS7;i), i;':"., 1()7 (. •<»//) n i, '_'»! ); Mr. l'ici\(« (ciciU usst.V Feb. r.>th, 1S7S. Can. Hans. Stni •'•'((;>/vi, chapter iv. s. (> on |)iiviIo K. Com. .1. ISl'. ♦ E. Com. J. lS(ir>, Ma\ S, Azoem Jah. ; I7S E. Hans. (,".), I(>n4; 'JIW fh. 17r>7-41. ■' Mr. Norris. Can. Com. J, (IS77), ':ti4 ; 14(1 K. Hans. 770 ; L'ls Ih. lijO'J, lS4;v4. A report of a soloi't rommiiteo on the issue of a writ has been treated as a question of i)riviioge as allei'ting the .xoat of a meiulwr ; 245 1'.. Hans. lo). r>7i!-S. '■ Translation of otlicial debates; Can. Hans. (lS7(i), 'J8S. Can. Hansard committee, rebrnary 11th. 1S7S, p. Ki. ■ Washington Wilks. 150 E. Hans. (3), 1314, 1404. ^ Welhuid and Chicoutimi eleotiona, Can. Com. J. (1S73), 100, L'OO. *• 104 E. Hans, (o), l-JSti, Supra, 240. '" Can. Han8. (IS7S), 1807. Qmsriows or run I !./■:(, i:. i\n cxplaiiiilions, not iniitt»'rs ol' pri vilest', iiiul iin' all<>wt'n<-t' ol' tli<> IlouMv llul, il Im v^ry rlcnrly liii«l 'liHli luilho'ilif.s llmt il'ii innnln'r lias a C(>iii|)laiiil to muko of Ji newspaper, ln' nIiouM tonnally move to have il rrad al the lalilc, and then makf a iuoti(»M in relation thcrcio, if lie «l«'Nin's to have the niatlrr ' If 378 MorioXS !.\ r.A'.VA.V.M/.. -I ii- not likely lo ho ronthod.' Sir Krskiiic May luis thi.sobsor- Viition on the 8uhj»»rt : " It has \n*on said that a (lucstion of privih'if'' is proporly ono not adiiiittiiij? of notice ; hut wli'To tho ciniiinslanceH havf hoon su«h as to onahic tho mt'inhiT to tfivc notii'»', and the mutter was. nevcrthoh'ss, honti Jiile a (jiV'stion of priviloii^f, procodtMice has still htM'u givon to it." " Th«' pnvtHh'uts ufo to show that tho Canadian lloiiseof Commons, in its d»'siro to d«'al jiromptly with all qucstiouH artt'rtinu^ its m<'ml)t»rs. has u:iMU'rally waived thti striit rules whii'h govern matters of privili'i,'*', properly speakinii^, and si'iven every possible facility for incpiiry thereon. When a member proposes to make a motion touchini^ another member, it is frecjuently found ionvenient that he should state his intentions in his plaoe, and then i,nve notice that he will move it when motions are called in due order on a subsequent day.' When a debate on a question of privilea:*^ has been adjourned until a i'uture day, priority will still be given to it. We have seen that this was done in the case of Louis Kiel, mentioned in a ])revious paj^e, and there arc numerous precedents in the Eniilish journals illustrating the same point.' In the session of 1883 a motion was ' Can. Com. J. (1877), -(i4. On anntlior oivasiun the speaker decided that a motion for tlie u«loj)ti(PU of the report of a committee on j)rintin^ and rej>orlin<.' jnirtook of tlie character of privilojre, and mijrht therefore take precedence over the otlier notices ; Can. Hans. (lN7i')), oV,\-A. It was ratlier a (jncstion of i>rocedure. ■' May, L'Ol. Kxpnlsion of .Tames Sadleir, 14o R Hans. (3). l;.]stj ; UA II:, 7(iL\ Case of Mr. liradlauirh, £(il //»., L'ls, -JSl*. 4;'.1. See also cases of Mr. Bowell and Mr. White, April o, ISSd, iriveii [irecedence over motions on i)aper by ^reneral consent. Also of Mr. ( 'ameron, of Victoria, 28th May, 1S80. '^ ' (.ineen's Co. (X.B.), election case, April 2(1-28, 1SS7 ; V. & 1'., US, 110. In ^Ir. Kykert's ca«e, ISMO, rules resiiecting notice were not pressed, but every facility triven to eiKpiiry and explanations. ' 92 E. Com. .1. 450; 3S E. Hans. (:',). 1429; 95 E. Com. J. 13, 15, 19, 23, 70; 51 E. Hans. (3), 19*;, 251, 35S, 422; 52 Ih. 7 ; 23S Ih. 1741 ; 120 E. Com. J. 2.52. MOTiass Oh- WANT OF C()srrvi:.\cE. n79 inado without notice ia th«» (yiinadiuit IIoun»> n'sprctiMu,' a (loubl(! rotiirn lor Kiiij^'n (-ounty, in Priiiccj ICdwanl Island. Tho debate thereon was adjourned without lixini^- a (hvy or ^ivin^ the motion a phice on tlie orders; hut it was tak«'n for ^'ranted that it would have pretedence when- ever the IIouHe was ready to resunu^ the subject. This precedence was accordinjjly <;]fiven tho fjuestion on a later day, and on every occasion when it rarnc belore the House.' But the Iloust^ will n'l'use any priority over other motions when the (juestion is not homi Jif/e one of privilege, or it is not ol'an uru'ent character." The speakers of the J!]n«j,lish CJommons have deeided that "in order to entitle a (juestion of privile«,n' to precedence over the orders of th(^ day, it should he some subject which has recently arisen, and which clearly involves the privilein's of the House and calls for its immediate interposition." '' V. Motions of Want of Confidence — "When a motion of want of confidence in the «rov('rnment of the day is under cun- 'Can. Com. J. (18N;5), (iS.lOl, 107, 257. Seo reiunrka of Mr. Sf)enker Kirkpiitrick as to jjrectHlence of hucIi a (|iieHtion, llmis. Id:.'. Incane it is proposed to take tlio delnite up on a particnlivr day, it Hliould he ho ti.\od ill adjonrniiit; Ww. djibate. See Mr. I'linisoirH case, 17th Teh., ISSO, i;),') E. ( 'oni. .F. Also Qiie(Mi's Co., N. !>., (^ase, 1SS7. ■' 146 E. Hans. {^), 7m ; 151) Ih. 20:!5. ' ISH //* '-'035; 171 fl>. 1!»0. MotioiiB (•allin^; attention to impntalions on iMeint)ers have sonietinies l)oen treated as tpieHtions of jirivilei-'e in the l'".ii>rlisii Ilonse of Commons aiul Iiave conHecjuenlly iia), 4:i--J ; lUaokmore's Sp. Dec. (l.SSJ), KLi-fJ. Seea caso where it was decided that a motion witli respect to the arn-st of a ineiiiher wlio iiad been sometiin'i in prison could not be treated as a matter f)f privilege since urgency could not apply ; 2(11 K. Hans. (;>,) . ?>ir .Tv)hn Maodonald, then leader of ♦ hi> opposition, niovetl an amendment in favour ol" protec- tion to Canadian manufactures and industries, on the nu)- tion for i>oino- into eommilte(> of supi^ly. Previous to the adjoununent oi' the di'hate, Mr. Marken/ie. the premier, pointed out that the motion was equivalent looneof want of lontiilenei' in tlu' u'ovi'rnmenl, and eontendtnl that on that aciount thetUd)ate should take precedence of all other matters until it was concluded. lie pressed its continu- ance on the following- Monday (the debate having com- meiK ed on Friday), whit h. under ruh> nineteen, is de- voted to Justices of motions and other private business. It was pointed out. on the other hand, and with ol)vious truth, that it was entirely irregular to interfere with the appointed order of busiiu'ss. unless the House agreed unanimously to suspend the standing order, or there was an urgent iiuestion of i>rivileg»' under consideration. The speaker sustained this lontentiou at the time and sui)se(|uently showed the House by reference to the English debates that motions of want of coniidence could proi'et>d only on days devoted to private business, with the consent of all meml)ers interested.' In a subsequent session the same tiuestion arose, and the speaker, alter careful deliberation, I'ame lo the same conclusion as on the previous occasion." A laso in point occurred in Eng- ' Can. Hans. 187(1, Manh 10th utul 13tli. ■ Ciu\. Han.s. (H7'>'), !Mti-i»4S. (>i\ a provioiia »tay tlio i^peiiker liml roversod liis tleoision of lS7t), liaviiii; Ihvmi misUvl by a (\nvle38 report of some of .Mr. Ciladstone'a roiunrks, wiiioh uppoiiieil to convey the idea that a motion of want of contiiioiu'e shonKl liavo preceileuoe ; 1'4 '. Hut on re- I'oii.^ii.liiratioii, Mr. SptwUer .Vnglin foiiiul tliat lie liad hoeti loil into au error. (.»rA'.s-77o.v.s /TV' /;}• ME^nnns. n8l land dnrinir tlic sossiou of 18.")!>, Lord John ]\ussoll iiiovt'd an aniondnicnl ayainst tlic ht'cond roadiny ol" tho lit'lbrni J)ill oi' that yi'ar, involving: the lato of Lord Derby's administration At th-' closo oi" th<' lirnt day s dol)at«» Mr. Disraeli, thou ohanrollor ol'thf ox(ln'(|nt>r. said ho thonyht it would ho convfuicnt that tho dohate should procood continuously, and. thcroloro, li-- would suLrurost that it bo adjournod until tho noxt day. 01' course, ho nddod, ho was in tho iiaiids of honourable members who had notices of motions tor that day. but he trusted tlu»y would accede to the course proj^oscd. The House ai^reod to tjo on witli the debate and give it [)recedencc over the private business.' VI. Cliiostions put by Members— It is an established rule ol' parliamentary practice, and one that sliould always be striitly observed, that no member is to address tiie House, unless it bo to speak to a motion already under debate, or to propose one himself for discussion. A practice, how- ever, has long- i>revailed in parliament, and is now estab- lished in the Senate and the House of Commons, ot putting questions to the ministers of the Crown. concerning any measure ]nMiding in ]>arliamont. or otiier pu])lic matter, and of receiving ih^ answers and explanations ot" tho persons so iiiterrogat«'d. This deviation I'rom the general rub' respecting motions has arisen from tho neces- sity that experience has shown of obtaining for tho House material information, which may throw light upon tho business before it, and serve to guide the judgment in its future proceedings. The procedure in the Senate on such occasions is (juito diirereni from that of the Commons. Much more latitude is allowed iu the upper house,- and ' 153 1'-. Ihiua. 405 ; Can. Hans. (1S78), !t47. No control is conceded to ministers ovor orders in tho hands of private nuuubers which are jznverned by the ordinary rules of parliament. Todd. ii.,ottl). M'arl. Deb. (1870), SS3, «n2, 1000; Sen. Deb. (1871), olMlfi; ///. (1872), C'J, 188 ; R). (1874), 05-09 ; Il>. (1875), 1 ILMIO ; Ih. (18750, 51-52 ; Jf: (1880) 't!:t\ s* i!,l 382 MOTIONS IN GENERAL. a debate often takes place ou a mere question or inquiry, of which, however, notice must always be given when it is of a special character.' Many attempts have been made to prevent debate ou such questions, but the Senate, as it may be seen from the precedents set forth in the notes below, have never practically given up Ihe usage of per- mitting speeches on these occasions — a usage- which is essentially the same as in the Lords' House.' The obser- vations made on such occasions, however, should be confined to the persons making and answering the in- quiry, and if others are allowed to offer remarks these should be rather in the way of explanation, or with the view of eliciting further information on a question of public interest.' The more regular, and now the more common practice, is for a member, in cases requiring some discussion, to give notice that he will call attention on a future day to a public matter and make an inquiry of the government on the subject. Then it is penectly legitimate to discuss the whole question at length, as the terms of 107-112: //). 3o0-352; Ih. (1882), 50, 295; Ih. (lSS3j, 2004; 76. (1SS4) 1(53-1 ()7 ; 280-290. ' K. .14. - In the first session an etlbrt was made to confine the Senate to the practice of the Commons, but to no avail. Deb. (18(>7-8), 34, 40-41. See remarks when chanj.'es were made in S. 0-, Deb. (1870), 299-300. In 1890, a meml^er addressed tlie House for several days on a mere inquiry ; tlie debate went over from day to day. Sucli a proceeding is witliout pre- cedent in the history of the Lords, and is pocuhar to tlie Senate. The debate was actually adjourned on each day, but no entry apjiears in the journals as there was no motion strictly l)efore the House. See Sen. Deb. and Journals of February 10th, 13lh and 24tli. On an inquiry, however, on one occasion a member has not been allowed a reply. lb. (1884), 649. An inquiry is not a sulxstantive motiun. Ih. (1885% 44. Mr. Miller, for- merly speaker, in 1888 expressed himself strongly as to permitting debate ou a mere in(iuiry. Deb. 76, 77. But, as these notes show, the Senate has never laid down any distinct rules to limit debate. ■' 191 E. Hans. (3), 6904 ; 209 lb. 639; 243 lb. 1502-1507; 244 lb. 511- 516; SSt)-892; 240 lb. 1-8; 247 lb. 1404-7, 1704-8; 266 lb. 1083; 276 lb. 282. * Son. Hans. (1883), 240-1, 315. CORRECTION OF QUESTIONS. 383 the notice show the intention of the person who puts it on the paper.' This practice of the House of Lords has been followed in the Canadian Senate since 187 J.' In the House of Commons, not only is a notice necessary in the case of all questions under rule 31,* but they must be limited in their terms according ro rule 29. " Questions may 1)0 put to ministers of the Crown relating to public att'airs, and to other members relating to any bill, motion, or other public matter connected with the business of the Hou>e, in which such members may be concerned; but in ])utting any such question, no argument or opinion is to lie otlered, nor any facts stated, except >o far as nuiy be necessary to explain the same. And in answering any such (question, a member is not to debate the matter to which the same j-efers.'" Such questions are printed among the notices and appear on the order paper in the place allotted to them under rule 19. The Canadian practice is identical with that of the English Commons, as stated by Mr. Speaker Brand : " No argumentative matter shall be introduced, and if such matter appears, it is always struck out by the clerks at the table, by the orders of the speaker." ' It is the duty of ' 201) E. Hans. (3), 606 ; 210 Jb. 235-242. Sen. Deb. (LST'i), 644-0 ; Ih. (18S0), 80-82; lb. 158-168; lb. 322-340; lb. (1882), 140-167; lb. (1384), 82-92. - Senator Macplierson (subseciuently speaker) commenced the practice. Sen. Deb. (1&77), 313, 375 ; //). (1879), 171-186. In the Senate tlie discus- sion is sometimes permitted to:run over several days on sueli an inquiry, which is not customary in the Lords, since a debate on a mere question cannot be adjourned. Neither is any mention made in the Lords' jour- nals, as in those of the Senate, of a del)ate on such an inquiry since it is not in the nature of a motion. Compare 210 E. Hans. an.!V ' 1 ' ' J r ' '1 ■% 1 , ii 'iJ ^I'J ^ I P' ;' I'.il ' ' r mm 1 1 it 1 t i 1 1 1 < « |l| •' 1 Tin ! *•!•'! vill I Ir k 1,1 fa jf^jKmM MOTioy^s IN r()posilion or (jucslion hcloif the House ^'on- sists orsm'i'nil .sections, i)!ira<»-r!iphs, or resolutions, the order orconsidorinij^ iiiul iiunMuliun' it is to bcei'in iit the lonimeneeuienj, iUid to proceed throuyli it in course hy paranriiphs ; and when a hitter part has heeii amended, it is not in order to recur back, and make any amendment or aheration oi' a former part. ' Tliis ruh' is observed ospocially in the t'a.se oi" hills in committee oi' the whole, where each section is considered a distinct i>roi)osition, to ])o ameiuled line by line, ii" necessary ; and consequently il'the con)mitte«» liave amended the latter part ol'the clause, they cannot amend the lirst part of the same.- It is lor this reason, the resolution lor the address at the bei?inning ol'the session is always taken up parau.'raph by paraijraph. When the second paragraph has been considered and anreed to, it is not reo-ular according to the rule in ques- tion to go back to the first; and so on to the end of the resolution.' Canadian speakers have frequently decided that amend- ments must be relevant to a motion or qutvstion.' The English parliamentary authorities have up to very recently laid down the rule that a proposition may be amended, in parliamentary jihraseology, not only liy an alteration which carries out the purpose of the mover, but also by one which entirely destroys that purpose, or which even makes the proposition express a sense the very reverse of that intended by the mover ; and, in like manner, amotion which proposes one kind of proceeding, may be turned into another of a wholly diffe, .nt kind, by means of an amend- ment. For instance, where the motion pending was for the House to go into a committee of the whole, on the four per ' 2 Hatsoll, 123; 102 E. Hans. (3), 117. - 40 E. Com. J., 175. See chapter xviii. s. 12. =' Supra, 282 . * Can. Com. . I. (1870), 122, 124; lb. il872). l(j(>. Also 7th July, 1858, Leg. Ass. J. ; 14th April, 1850, Pari. Deb. Colonist; Sp. Dee. Nos. 33,53, 108, 197. Also Can. Hans. (1889), 2dS. /.7C/,/;r.i.vci' or AMj:.\i>Mj:yT.s. i)[r6 C(Mif. annuities acln, andii motion was hukU' to amtMid, ho as in oH'ect to substitute therelora motion lor certain papers connectt il with the passing; of a ilecree l)y the uovernment of Porluyal materially aU'eetiiij^" the eommereial relations oithai eountry with (Jre;it liritain ; and tln» amendment was ohjeited to, on the <>round, tliat it hiid no relation whattn'er lo the subjeet ol' the motion, tin) Hpeaker said, that, aceordinu,' to th«' forms of the JLouse, an: "There is no ruh> whicli re(|uires an amendment to bo relevant to thequ principles of sound reason which L;,'overn lilnglish i>arliamentary law generally. If such a practice were generally tolerated, all the bem^lits of giving due notice ol' a motion, and allowing the House a full oppor- tunity of considering a question, would be practically lost. A member would then bo in a position to surprise the House at any moment with a motion of importance, and the necessity of giving notice would be superseded to all intents and purposes. It is not therefore surprising that the latest English decisions are in accord with those of the Canadian speakers. Sir Erskiue May, in the edition of 1883, admits that "an amendment should be relevant to the question to w^hich it is proposed to be made, and gives a decision of the speaker as late as the 28th ol February, 1882. A motion having been made to declare Michael Davitt incapable of being elected orreturned as a member,it was proposed to amend the same by substituting an address to the Crown for a free pardon ; but the speaker promptly interposed and pointed out that such an amendment was ' 23 E. Hans. (3), 785 ; :!8 Ih. 174, 190. - Page 303. ^ ;.^!i ■ 'I V \£' [ I .1 :-i-^ W, 394 MOTIONS IN GENERAL. inadmissible, as it had uo rolatiou to the question before the House, but should form the subject of a distinct motion, after notice given in the usual manner.' The law on the relevancy of amendments seems now to be that if they are on the same sabject-matter with the original motion they are admissible, but not when foreign thereto. - The exceptions to this rulti are amendments on the ques- tion of going into supply or ways and means.' Amend- ments to bills also, like amendments to the orders of the day, " must strictly n^late to the bill which the House, by its- ordtr, has resolved upon considering." ' VIIL Dilatory Motions.— There is a class of motions, common to all parliamentary assemblies, intended to have the effect of superseding or delaying the consideration of a question. For instance, motions for the adjournment of the House or debate, for reading the orders of theday,and for the previous question, are all in this direction. The term •' dilatory."' is used here as a convenient means of grouping together such motions as postpone a question lor the time being . ' Motions of Adjournmcnl. — When any question is under the consideration of either House, a motion to adjourn will always be in order. The tliirtieth rule of the Com- mons provides : ' Miiy, 32o. 2Citi E. Hans. (:;) 1S46; -JOO lb. 4()1. - To show wide rantre of amendments, see decision of Mr. Speaker i'.rand, wiio ruled that it was regular to move an amendment in relation to the Oaths Act on a (Hiestion re-aflirming-a resolntion restraining Mr. Bradlaugh from taking tiie oath ; 2G7 K. Hans. (11), 219. Such an amend- ment was, however, germane to tlie question. ' See chapter xvii. on supply, s. 5. Bat on report from sucli com- mittees, amendments must be relevant to the question under considera- tion ; Can. Com. J. (1.^90), 367. ' 143 v.. Hans. (3) (i43. ' American writers on parliamentary law use it frequently. It is also found in rule IG (S) of the House of Representatives; Smith's Digest, p. 249. See also Mr. Sp. Branil ; 13G E. Com. J. 50. m i! DILA TO n Y MO TIONS. 395 "A motion to adjoui-n shall be always in order, butnoseconil motion to the Hamo effect shall be made until after some inter- mediate proceeding shall have been had." ' A motion of this kind, when made to supersede a ques- tion, should ho simply, " that the House do now adjourn " ; and it is not allowable to move an adjournment to a future day, or to propose an amendment to the question of adjournment.- If the motion for the adjournment be carried in the affirmative, the House must at once adjourn until the hour of three o'clock p.m., or whatevt^r may be the regular hour of meeting' on the next sitting- day, and the cjuestion under consideration will be superseded,' so that if it was on the orders of the day, it must at once disappear from the order paper where it can only be again placed by a motion formally made in the House for ' The rule as to the intornietliate Inisiness, the doin^ of which is nei-os- sary to the validity of a second motidii tundionrn, orof any otlier motion, into which tlie element of time enters after a former motion of tlic same sort l)as been decided in tlie nejiative, seems to rei|uire a proceeding tliat can lie ])roporly entered on tlie journals. The true test is tluit if any {larliamentary iiroceedinj: talces place, tlie second motion is re>j;ulur, and the clerk ouudit to enter tlie proceed.in^' to show that tlie motion in question is regular. See Cusliinp' p. a-lcl note. It is usual to alternate motions for adjournment of House and debate when a question is under considei'a- tion. Can. Com. J. (lSSO-1) 107. In case there is a substantive motion of adjournment liefore tiie House, audit is neiratived, some proceeding must be had in order to render a second motion to tiie same etrect regu- lar. See proceedings of .Time 22, 1891. Here the message from tlie governor-general which \vas followed by other proceeilings would iiave been sufhcient to render the second motion of adjournment valid. Tlie rule applies literally to the adjournment of the House, and not of tiie debate, but it is usual and convenient to mal^e an entry in the journal between two motions of tlie latter character. See proceedings of May 21, 1891, wlien the clerk entered the fact that the question before the House was again proposed before the speaker put the second motion for adjourn- ment of debate. Also a similar proceeding, July 1-2, 1S91. -' 2 Hatsell, 113. In the Lords a future day may be specified, May, 300. ' For cases 'n point, 110 E. Com. J., 307 ; 115 lb. WX) ; 119 Il>. I'M, 250; 121 Jb. 78. Stn. .1. (1870), 132, I'l*?, i:!9 (Pacific H. H.) It cannot be uiade while a member is speaking, ]May, 300. ' \ ''}' \i ;t t ! ■I V \m 396 MOTIONS IN GENERAL. its revival.' But if tho question is not rei^ularly before the House — that is to say, if it has not been proposed to the House by the speaker — it will not even appear in the votes ; but if it has been so proposed, it will be duly re- corded. But in case a notice of motion is under consider- ation on Wednesday or Thursday, it will not be super- sedi'd. inasmuch as ruh^ 27 makes special provision lor such cases, and places the motions on the orders for a future day.-' Consequently if a question, not provided for by rule 27, is under consideration, and it is the wish of the House to adjourn, it is nec^'ssary to move an adjourn- ment of the debate in the first place, ' unless indeed it is desired to supersede it. But the adjournment of the debate obviously cannot be moved to the adjournment of the House, when it is a substantive question. ' It has been decided in the Canadian Commons that a motion for the adjournment of the debate should be pure and simple, like the motion for the adjournment of the House, and should not contain a recital of reasons.' If the House should be suddenly adjourned in conse- quence of the absence of a quorum, a question then under the consideration of the House will disappear from the order paper for the time being." Motion for Reading Orders of the Diu/. — A motion to proceed to the orders of the day is another mode of evad- ing- a question for the time being. The twenty-eighth rule orders : " A motion for )'o:nling tlie orders f flio day shall have prot'er- eiico ovc'f any motioti before the House." ' ' Sen. J. (IS?!), l;]3, 139; Sen. Deb. (1S78), 832, S34 (Pacific R. R. Act Amendment Hill) ; Can. Com. J. (IS70), -37, 287 (^Interest Bill). - Sui>ru, 310. Can. Com. J. (l''''''). 'J-i- ■' Can. Cofn. J. (187(5), 12!>. 'May 300; 144 E. Hans. (3) lOOli. ^ Can. 'Jom. J. (1880-1), 8(i. Also Can. Le^'. Ass. J., 7th March, 18'i5. Can. Sp. D., No. 129. «129E. Com. J., 371. ' When orders of the day are reat'hod in due course it is not necessary to MOTION TO rROCEED TO ORDERS!. SGt ]!' a question on the motion paper is under considera- tion, any member may move, "That the orders of the day be now read," or "That the House do now proceed to the orders of the day" oi*"to the public bills and orders." If this question is resolved in the affirmative, the original motion is superseded, and the House must proceed at on(;e to the orders of the day.' It has been ruled in the Canadian as well as in the English House that no amend- ment can be made to the motion for Droceedinir to the orders of the day,- it being considered equivalent to a motion for the previous question.' If the House is considering an order of the day, amotion to proceed to another order of the day will have the same elfc't of superseding a question as the motion we have just mentioned.' It is equally in order to move to proceed to the government orders, w^hile a question among " public bills and orders " is under consideration."' imike a motion, as they are at once ttiken up in accordance with rule lit. See svpra, o02. The motion discussed above is one of a peculiar and special character, made when a notice of motion or other question not on the orders of the day is under discussion. ' May, ;-3()2 ; 111 E. Cora. J., 167 ; Can. Com. .1. (1S7:J), :?au ; Ih. (1885), 297 ; a motion has also been made to proceed to a particular onler of the day ; Can Com. .1. (188u), 54, o8. Dut such a motion is not in the nature of the jjfevious question, which a])pears from Enirlish practice to be con- ilned to the (juestiou " to proceed to the onlers of the day" fzenerally. See ■(■/(?>«, 400. -' Can. Com. .1. (1873), 300, Mr. Sp. Cockl)urn. But a case occurred in 1880, Jour, l'.»4. Tho -vveij-'ht of authority clearly rests with the previous precedent, since it is obvious that the motion is in the nature of the pre- vious (luestion. " 3Iay, ;50'-'. A motion for the adjournment of the House, however, will always be in order; infra, 400. * 93 E. Com. .]., 418; lOlIh., 205. Can. Com. J. (1870), 312. Can. Sp. D., No. 120. Le^. Ass. J. (1804), 194. An amendment may bo moved to such a motion as it is not in the nature of tho previous question; Can. Cora. J. (1880) 279. ■' Can. Cora. J. (1880-1), 81 ; Can. Hans. 13th January, 1880-1, 107 E. Com. J., 225. lii^i :; ■)■ i * - i I'M !* 398 MOTIONS IN GENERAL. M!~ I m Previous Question. — Another method of evading or super- seding a question in both Houses is the moving of what is known as " the previous question." The Senate rule on the subject is as follows : "24. Whon SI ({uostion is uikIoi' doliato, no motion is rocoivod unless to amend it ; to commit it ; to jiostpono it to a certain day; for the ])i'ovious (jiicstion; lor roadiny; the ordoi's of the day; or for tho adjournment of the Senate." ' The thirty-lift h rule of the Commons provides: " The jirovious question, until it is decided, snail preclude all amendment of the main question, and shall bo in the foUowiiii^ words, 'That this ([uestion be now i)U(.' If the previous ques- tion be resolved in the allirmative. the original (juostion is to be j)Ut (brlhwith, wilhoutany amendment or debate." The rule just quoted permits neither am(mdment nor debate in case the ITotise decide in the affirmative, for th(^ speaker will immediately put the question. - But if the previous (|uestion be resolved in the m^gative, then the speaker ( annot put any (juestion on the main motion, which is consequently superseded,' " though it may be revived on a future day, as the negation of the previous question merely binds the speaker not to put the main question at that time.'' ' ' 2:57 E. Hans. (3), 5L'7; 238 ///. 290 ; Lords' J., 1878, January 28. Tiie ])revious ciucstion is said to have been introduced in England for the piir- j)ose of suppressing subjects of a delicate character, relating to lugh per- aonages, or which might call forth observations of a daugerona tendency. Cusbing, p. 54i». - 2 llatsell, 122, n. Can. Com. .1. (1879), 84-5 ; If,. (1886) 72, 73. •' Can. Com. .7. (1869), l(i;M. Also Ih. (1870), i-'54; 71 Lords' J. r)81 ; li;5 E. Com. .), 100. * ^lay, ;>03. In the congrc.^s of the Confederation of the United States a more logical form of putting the previous tiuestion, viz. : " That the (luestion be not now put," was adopted in 1778 (Cusbing, p. 555) ; but tliH form is now fixed as it prevails in Canada, though the etfect is different — being used to suppress immediately all further discussion of the main question, and to come to a vote upon it immediately {lb- 554 ; also Smith's Digest, 249). From the edition of the *' Rules, Orders, and Forms PREVIOUS QUESTION. 399 As a rule, the previous question is proposed with th(» object of preventing a direct decision upon a question ; and in that case the members who propose and second it should vote against their own motion.' In the old Cana- dian legislature and in the dominion parliament, how- ever, the motion has also frequently been used to effect a double object, viz. : 1. To prevent, as in England, a decision on the ques- tion under consideration; in which case the members who propose and second it vote against the motion." 2. To prevent simply any amendment and force a direct vote on the question ; in which case the members who propose and second it vote lor the motion.' of Procedure " of i\w En;j:li.sli Coninions, issued in 1891, under the super- vision of tlie clerk of the House, (See No. 1:.'.'), it tippear.s lliat tliatbudy has returned to tiie old practice of 250 years ago, and adopted the more logical form, " Tliat that ijuestion be not now put " (I''.. Com. J., May L'oth, ltlU4 ; Jan. 2'Jnd, 1628 ; (ith Sept. I(i41). Thi.s furin shows clearly the ob- ject of the motion ; those who move it vote " aye," and those who oppose it vote " no." li. T. Valgrave, Chairman's Handbook, So. ' 3iay, ;«);m. - beg. Ass. J. (bS(;4), ]i)l ; Can. Com. .T. (18G9(, l()3-4. •' In 1S()5 (Lst sess.) Atty.-Geii. i\Iac(hjnald moved, and Atty.-Gen. Cartier seconded, a motion for an address in relation to the union of i\w jtrovinces. Sulweiiuently they i)roposed the previous ijuestion, and the .speaker decided, when u point of order was raised, that that question was not an amtMidment in the real st-nse of the term, and that conseijuently the movers of the original proposition could regularly make sui'h a motion. In this case both gentlemen voted for the j)revions ijuestion. Ass. J. (1S05), 180, 191,192. Also lb. (185t)), 142. In 1870 :Mr. Holtou (mover of jjrevious (juestion), voted for it, .lour., 254 ; in a previous .session, when the object was to prevent the putting of the question, he voted in the negative, .lour. (bSOit), 163-4. In 1879 Mr. Ouimet, who moved the previous question, voted in the allirmative, his object being simplj to prevent amendment, and !Mr. Speaker Blanchet decided ho was in ordei on the principle stated above; Can. Hans (1^79), 408. From the foregoing precedents it will be seen there has been a uniformity of practice under the rule which has come to the Commons from the old Canadian legislature. It may be added that no rule or decision can be found in tlie English authorities preventing a member from voting as he pleases on such a question. See also Can. Com. J., 1886, March 11th and 25th. m m '\.A .!■ -I E ■i.Ui wm 400 MOTIONS IN GENERAL. Amendments to Previous Question or to Motion for Proceed- ing to Orders of the Day. — No amendment may be proposed to the motion for the previous question.' Neither can it be proposed when there is an amendment under considera- tion.- If the previous question has actually boon pro- posed it must be withdrawn before any amendment can be submitted to the House. ' If an amendment has been first proposed, it must be disposed of before a member can move the previous question.' The motion, " That the House do now adjourn," can be made to the motions for the previous question and for reading the orders of the day. But such a motion cannot be made if the House resolves that the question shall now be put under rule 35. '' It is also perfectly in order to move the adjournment of the debate on the previous question." When a motion has been made for reading the orders of the day, in order to supersede a question, the House will not afterwards onter';ain a motion for the previous ques- tion, as the former motion was in itself in the nature of a previous question." It is allowable to move the previous question on the different stages of bills.'^ IX. Renewal of a Question during a Session — When amotion has been stated by the speaker to the House, and proposed as a question for its determination, it is then in the pos- session of the House,to be decided or otherwise disposed of according to the established forms of proceeding. It may ' May, 304. Commons' rule, supra, 398. - 2 Hatsell, IIG ; 21l' E. Hans. (3), 926. ■' 149 E. Hans., 712. * 117 E. Com. .1., 129 ; 118 Ih.'im. 174 E. Hans. (3), 1370. Can. Com. J. (1870), 254. '250E. Hans. (3), 1157-8. " Can. Hans. (1879), 407. But not if the House decide that the question be put ; 250 E. Hans. (3), 1158. ' May, 305. See supra, 397. ■'• 99 E. Com. J., 504 ; 113 lb. 220 ; 119 Ih., 160, 234 ; 135 lb., 261 ; 137 76., S78. 114 Lords' J., 173. REVIVAL OF A QUESTION IN SAME SESSION. 401 then be resolved in the affirmative or passed in the nega- tive ; or superseded by an amendment, or withdrawn with the unanimous consent of the House. It is, however, an ancient rule of parliament that " no question or motion can regularly be offered if it is substantially the same with one on which the judgment of the House has already been expressed during the current session." ' The old rule of parliament reads : " That a question being once made, and carried in the affirmative or negative, cannot be ques- tioned again, but must stand as a judgment of the House." - Unless such a rule were in existence, the time of the House would be constantly frittered away in the discussion of motions of the same nature, and the most contradictory decisions would be sometimes arrived at in the course of the same session. Consequently, if a ques- tion or bill is rejected in the Senate or Commons it cannot bi' regularly revived in the same House during the current session. Circumstances, however, may arise to render it necessary that the House should reconsider its previous judgment on a question, and in that case there are means afforded by the practice of parliament of again considering the matter. Orders of the House are frequently dis- charged ' and resolutions rescinded.' Thelatter part of the thirteenth rule of the House of Commons provides : " No member may reflect upon any vote of the House, except for the purpose of moving that such vote be rescinded." In such a case, the motion will first bo made to read the entry in the jourrals of the resolution; and when that has been done by the clerk, the next motion will be that the said resolution be rescinded,' or another resolution expressing a different opinion may be agreed to." But when ' May, 328 ; 1 E. Com. J., 30G, 434. ■' Res. April 2, 1(J04, E. Com. J. » Can. Com. J. (1877), 2G. ' lb. (1867-8), 184 ; Leg. Ass. J. (1S5G i, 722 ; 253 E. Hans. (3),G43. •■' May, 328; Can. Com. J. (1S67-8), 184 ; Ih. (18S5),53. « 1^2 E. Com. J. 345, 367 ; 235 E. Hans., 1690 ; Controller of H. M. Stationery Offico. 26 ?■ 1 ^\'i \t:-'i 402 MOTIONS IN GENERAL a question has once been negatived, it is not allowable to propose it again, even if the form and words of the motion are different from those of the previous motion.' Sir Erskine May says on this point, which is one involved in much difficulty : " The only means by which a negative vote can be revoked is by proposing another question, similar in its general purport to that which had been rejected, but with sufficient variance to constitute a new question ; and the House would determine whether it were substantially the same question or not." The English journals are full of examples of the successful evasion of the rule which the House permitted.- In all such cases, the character of the motion has been changed sufficiently to enable the member interested to bring it before the House. All such motions, however, must be very care- fully considered, in order to guard against a palpable violation of a wise and wholesome rule. If a motion has been negatived, it cannot be afterwards proposed in the shape of an amendment.' In case a motion has been w^ithdrawn, it may be again proposed as the House has not previously determined the question, and it is only in the latter event that the same question may not be revived.' If an amendment has been nega- tived, a similar amendment cannot be proposed on a future day.'" It has been decided, however, in the Canadian Commons that an amendment is in order when 1 95 E. Com. J., 495'; 115 lb. J?49 ; 245 E. Hans. (3) 1502 ; Can. Com. J. (1884) 462. ^ The most memorable instances of numerous motions on a cognate question occurred in the session of 1845, in reference to the opening of letters at the post-othce, under warrants from the secretary of state ; 100 E. Com. J. 42, 54, 185, 199, 214. ^ 76 E. Hans. (3) 1021. ♦ 80 E. Hans. (3) 432, 798. '•> 214 E. Hans. (3) 287. For other illustrations of the rule, see May, chap. 10. REVIVAL OF A QUESTION IN SAME SESSION. 403 it comprises only a part and not the whole of a resolution previously voted on by the House.' As it is in reference to bills, and the proceedings upon and in relation to them, that this rule receives its most important application, it is proposed to deal with the subject at length in the chapter devoted exclusively to public bills. ' Can. Sp. Dec, 186 ; Can. Coin. J. (1871) 145, 146. Also Mr. Speaker Kirkpatrick, March 12, 18S3 ; Hans., 175, 176. liil mm -;t:' m :,-. I. i\i:t.-i;i CHAPTER XII. RULES OF DEHAI'i:. I. Deport inont of inoiubors on t!io lloor. — 11. I'lorodiwico in deliato. — lir. Written spooclios not poiinissiblo. — IV. Extratit.s from puperH. — V. Keferennes to tlio (.liioon or (iovernor-tJonoriil. — Vf. Rolovuiicy of spetM'liea.— VII. Thoir lonutli. — VIII. Motions for adjonrnniont — IX. Knloa limiting dohiite. — X. PorHonal oxiilaniitions. — XI. i'allinj? in qnestion ji nioinlior's words. — XII. Intorrn|)tion of in(Mnl)or8. — XIII. Spoakinir when orders a.ro tiillod. — XIV. Manner of ad(i.~os8ni)r another member. — XV. Uef((rences to tlio other House. — XVI. Or to previous debates. — XVII. Rules for the preservation of order. — XVIII. jNamiii;; a member. — XIX. Words tai(>iieral ac([uies('eii(;e ol' thellouse.' A member sullerinj^ I'rom indisposition will also be per- mitted to hiind his motion to iuiother meml)er to read.' In the Commons, ;i member must address liimsidl' to Mr. Speaker.' In the Senate the mombt^rs must address themselves "tolhoresi ol' the seiuitors, and not rel'er to any other seiiiitor by name." ' In the Commons, if a mem- ber addresses the House and not the cihair, h(; wi'l be ("died to order immediately.' Senators and members, when they enter or leave the House, or cross the; lloor. must make obeisance to the chair.' The rule of the Senate provides : It. " Sonutoi's may not jimss Imtwoeii tlie cliuir and tli(i (ahio. Wlion ciitorin^ or ci'ossiii^ the Soiiato cliainljor thoy Itow to tiio cliair ; aii, 270. When Mr. Pitt made his celebrated sp(«di in 17i);> ji^iiiiist tho poace ho was iHirniitted to spealv .siUin Sen. R. 20. Same as the Lords' S. O. No. 14. " 223 E. Hans. (:]), 1002, 1458. ' 8 E. Com. J. 204. .^ii m M 406 HULES OF DEI} ATE. walk out of, or across the House, oi* iiiiiko any noiHo or ilisturb- nnco ; and when a member is sj)oaking, no member shall inter- I'upt him, except to order, nor pass between him and the chaii- ; and no member may pass between the chair and tiie table, nor between the chair and tlie mace, when the mace has been taken otr tiie table by the serjoant." It is very irregular I'or members to loavo their seats abruptly when the speaker is retiring from the House at six o'clock, or at the hour of adjournmeut. The two Houses have the same rules on the subject : "When the House adjourns, the membors shall keep their seats until the Hpoaker has left the chair." ' Whenever a message is received from the governor- general, " signt^d by his own hand," the speaker will read it to th«^ Hous(> of Commons, while the members stand uncovered.- But when the clerk proceeds to read papers transmitted with the message, the members may resume their seats. II. Precedence in Debate.— The speaker of the Cc -^ns will always give precedence in debate to that member who first catches his eye. Rule 11 provides also for cases where several members rise at the same time : " When two or more members rise to speak, Mr. Speaker calls upon the member who tirst rose in his place; but a motion may bo made that any member who has risen ' be now heard,' or ' do now speak.'" ' It is usual, however, to allow priority to members of ' Sen. R. 8 ; Com. R. 3. ■^ In the English Lords and ( ommons the members sit uncovered when messages are received direct from the crown under the sign manual (E. Hans. Oct. 27, 1884) ; but Hatsell (ii. 3(50) states that in 1G20-1 one Eng- lish House of Commons carried their respect still further and every one stood up uncovered. •' See May (344-5), who gives an example where two members rose at the same time, and a motion being made that one be now heard, the other took immediate advantage of it and spoke to the question. Memo- rials of Fox i. 295. WlilTTKS SI'EEVHKii. 407 the administration who wish to speak ; and in all import- ant debates it is customary lor the speaker to endeavour to give the preference, alternately, to thi^ known support- ers and opponents of a measure or question ; and it is irregular to interfere with the speaker's call in favour of any other member. But in disputed cases un appeal may be made to the House in accordance with the rule just cited.' There is no rule in the Senate like that of the Commons. If two members rise at the same time in the House of Lords, it is proper for the chant^ellor to point out who, in his opinion, first rose ; but the chancellor or chairman of committees has no absolute right to determine the ques- tion ; and in all cases of variance of opinion the de -ision must rest with the House,-' which may forthwith proceed to vote who shall be heard.' The lord chancellor is given, by courtesy, precedence over other peers, should he rise to speak at the same tim - with other members.' III. Written Speeches not Permissible.— It is a rule in both Houses of Parliament that a member must address the House orally, and not read from a written, previously prepared speech ; for the reason, as stated by Mr. Fox in 1800, that "if the practice of reading written speeches should prevail, members might read speeches that were written by other people, and the time of the House be taken u\) in considering the arguments of persons who were not deserving of their attention." ' It is the invari- able practice to discountenance all such written speeches, and it is the duty of the speaker to interfere when his ' 07 E. Hans. (3), 898 ; 77 Ih. 86(5; 153 lb. 83il. The debate of 12tli March, 1878, on the tariff (see Canadian Hansard of that date), ilhistrates liow members on different sides follow eacli other alternately ; the con- venience is obvious. • 18 E. Hans. (1), 719, n; 4th Jan, 1811. ' 34 Lords' J. 306 ; May, 343. ' 21 E. Hans. (N. S ), 1S7-8 ; May, 343. •' Pari. Deb. 1806, vol. 7, pp. 188, 207-8. iiii' ^1 ; / '^: 1 •i^^'' ■ i'^^ ■ *:■' ,i .t! ■ if- U. ilk 408 nULKS OF DEBATE. atlontiou is diivctod to the fact.' McmbiTs may, how- t'vor, luaki' usi> of notes in (lolivoriiii»' a spooch." IV. Extracts from Papers.— It is now in owIvy for a niomber to nuiivo » xtrai'ts from hooks, novvspapors or otlior printed puhHcationsas part of his sptMM-h, provided in doin-;* so he d(\\s not infnnii-t> on any jioint oi' order.' lUit there are certain limitations to this riulit ; for it is not aUowabk^ to read any petition referrinu' to didiates in the House.' In making- extraels a member must bo ean^ful to pertim^nt to the question; it is not regular to (juote a whole essay or pamphlet of a g'eneral character. ' Neither is it regular for a member \o read a paper which he is asking the House to order to bt' produi-ed. " Nor is it in order to r**ad articles in nows- liapers, h'tters or otlnn- communii-ations, whether printed or writti'U, emanating I'rom persons outside of the House, and referring to, or ccnnmenting on. or denying anything said by a mcnnber or (Expressing any opinion rollecting on proceedings withi:i t\w House. " During a debate on the tarifV in the session of 1877. Mr. Mills referred to the opinions of kSir Alexander Cralt, formerly a mmnbor and ) ' 223 E. Hans. {:!), 17S. - Pari. iH'b. ISOd. p. 'JOS. ■ I'.ut it Wiis not in (inter to do so up to ISIO. I K. Hans. N. 8., JVJ^-:!. l'>nt ijrradnally llio practice Ivcanio a.s it n(>\v i.s, i:> 1''. Hans. (.">) SS4 (IS:'.".'. ) Mirror of 1', J840. vol. l(i, p. KCM ; Ih. ISU, vol. 17, p. '-"-Til), 'tlio practice is otton carried to excess in tlio Canadian Housoh. Where the lani:naj:e of a document is such as would he disonlerly or uuiiailiaiuentary, it spoken in ih^hate, it cannot he read ; no lanjjuaire cun he orderly in a ijUo- taticu which would he disorderly 't spoken; Hi K. Hana. (;>). -17; Can. Hans. (USSf)), 2LM0 ; //.. 2:;()2. ' Mirror of 1'., IS-th, vol. 20, p. •ts2(*. • i:!!! K. Hans. (:>), (;:iS ; Can. Hans. (ISS')), lltd. Nor may a mendier read to iiiin.self in a low tone; he nuist address himself to the chair; 221 E. Hans. (;;), i((t2-:!. See re.solntion of IDth April, ISSii (Mr. Cluirlton), with respect to the reading; of voluminous and irrelevant extracts. " 12 //>. [\) RM;{ ; 10 //'. (1), 7v 0; Kil //-. ^5), 4;;2. ' (U K Hans. [:\). 141, (iCl, (U)2 ; (34 //.. 2« ; 2:il) //.., 13:!() ; 241 //>.,831 ; 24.-) lb., W.\. J:.\'I ILiCTS FIU>M rM'KIiS. 40!t iniuistor of financt'. Suhsfquontly ono of tho Canadian papers pnhlislu'd a loiter iVoni 8ir Alexander, in answer to some ol' ^[r. ^lills's remarks; and the latter rose and proposed readinu' from the paper in question : but the spealcer inttM-nipted him and questioned the propriety of this eourse — a decision entir»'ly in aeeordanct* with tln> I'hiiilish rules ol'dchate.' It is (piite in order, however, lor a member to quoti> IVom a printed i)aper. on whirh he pro- jH)Si>s to lound a motion.' Members must read documents or extracts in lull if they wish tluMu printed in the Can;i- dian olUeial debaies. It has been laid down by the highest authoritit^s thai 'when a minister of the frown <[Uotes a pu])lie docu- ment in till' Ibuise, and founds upon it an aru'ument ox assertion, that document, if called for, ouirht to be pro- duct'd." ■ But it is allowable to repeat to the House infor- mation which is contained in a private communii-ation.' "When such private papers are quoted in the IIousi' there is no rule re<|uirini>' them to be laid on the table.' The rule respecting* the production of public papers, (juoted by a minister of the Crown, is necessary to ijive the ir«mse the same information he possesses, and enable it to come to a correct louclusion on a (jUi'stion. It does not appear that the l-hui'lish Commons have ever applied ! . I' ■ , I; I 1 1 1 !.,.,»! ■ \' \m ' Can. Hans. (1S77) ll'.lO- Wlicn a iiu'iiibcr pinjH\scil tn loail a loiter in till- "Tinio.s"' from (u'i'.sT.i] Ilay. Mi. Sjioakir l>i>ni.sun intcrpostMl : nil suit! that "tliolum. inoiubtM' lia^l I'xon'i.si'd a w ieo discretioa in net iloinL' so.'' Tlu' IIoMsn, liowovtM', i.s >nwHMaliy vtMv indnlL'ont in allowing: tlii.s nilo to \w .snsiHMuled, in .s|iecial ca.so.s \v1umi tiu' coiulni'l of ii inenilH'i is in (HU'stioii. or wlion it ri'qniro.s nion* inl'orniation on a inattor of tontro- vorsy. 17S K, Hans. [W), W'W. Also, is;l //,. SL'ti. -LMO E. IlaiLs. (;•.), Idili. ■' Lord l'iilnuM>t(in, lt)(i V. Hans. (;>), l-'TJli ; Mr. Canning's ca.so, til) K. ( oni. .i.,4tli .March, ISOS; 17(5 K. Hans. (;?). iUil'; lo(i //« , 1087; L';'..") Ih., JKh"). lint lio may reliiso in raso ho hi'Hi'Vi's tiiat tlio i>ul)lic inttMCsis w.mltl 1h> jeopardized, 'Ji:'. K. Hans. (lU, !M()-I1. * Lord I'ahnerslon, Hti K. Hans. (:>), 175)'; 15t> /''.. 1C)S7. • 17S»i/>.,41tO. ! I 4;,! 1 I ■ 410 HULKS OF DEBATE. this Y\\\o to the case of private members citing public documents not in the possession of the House.' V. P.«?ferencesto the Queen or Governor-General.— It is expressly forbidden to fspeak disrespectfully of her Majesty or her representative in this country, or of any member of the royal family.- Neither is it permitted to introduce the name of the sovereign or her representative in debate, so as to interfere with the freedom of discussion, or for the purpose of inlluencing the determination of the House or the votes of members with respect to any matter pending in parliament.' Casc^s, however, may arise where it is permissible to introduce the name of the sov^ereign or of the governor-gen«'ral in debati*. A member of the govern- ment may, w^ith the authority of the sovereign or governor- general, make a statement of facts, provided it is not intended to inllucnce the judgment or decision of the House.' A c;ise in point occurred in 1870 when Mr. Disraeli was permitted to give an emphatic denial, on the jxirt of her Mtijesty, to some remarks madt» by Mr. Lowe as to certain alleged unconstitutional iniluences brought ' Tlio English autliurities do not support a deci.sioii of tlio spoakor in 1880 (Can. Coin. .1., L'OO) to tlie eflei't tliat a j)rivato inenibor who (piotod from public documents oufjlit to lay thorn on tho tablo. See May, 'M'.h Also tho debate in tho case of SirC. Napier (i:'>7 E. Hans. (3), 2(51), dur- ing which a private moiubor road lonji oxtracts from public papers, in possession of tho jroverninent, but not before the House. The propriety of his course was (juestioned, but it was not claimed he should lay them on tho table. Since ISSd the opinion of Mr. 8jxjakor Blanchet has not been f(»llowed ; it arose from a misunderstandinj? of the correct [practice. ■Com. R. \?,. ■ Mr. Speaker Lefevre, tii) E. Hans. (:$), L'4,574 ; L'2S Il>., i;?3-<>; 235 Jh., 15H6. In 1783, Dec 17, the House of Commons resolved that it was " a high crime and misdemeanonr, derojratory to the honour of tho Crown, a breach of the fundamental privileges of parliament, and subversive of the constitution of the country, to report any oi>inion or pretended opinion of his Majesty upon any bill or other i)roceeding depending in either House." Also see the remonstrance of the Lords and Commons to Charles I. on the Kith December, 1641. ♦ Sir Kobort Peel, Uth May, 1843. (i!) E. Hans. (3), '24, 574. RELEVAXCY OF Sl'KLCIIES. 411 to bear upon ministers and members in favour of the Royal Titles Bill. On that occasion Mr. Speaker Brand said : " Tf tho stiitomont of tlio i-ight hon. gentleman relatew to mat- tors of fact, and i« not made to infliieiico tho Jiulgmont of tho House, I am not prepiired to say th:tt, with tho huhilgonco of tho HouHO, ho (nay not introduce her Majesty's name into that state- ment." .Mr. Disraeli then j)roccode [ \ 1 r ( I \ ■A\ ■i ' V 1 1 tj? 4 r i ■ r, 1 \ 5 '\/ 5 44 1 1 ■!" 412 AT/.A'.S' OF DKIiATK. I I question umler oonsidcration. Il'tho speaker or the House believes that his renuirks nit' not n'h'vant to the question, he will be promptly ealled to order })y the lornicr.' It is not, however, always possible to jud<^e as to < he relevancy of a member's r«Mnarks, until he has made some proi>'ress with his argument. Th<» IVeedom ol" debate requires that every member jshould h;ive lull liberty to state, ibr the inl'ormation of the House, whatever he honestly thiidvs may aid it in tbrmin«y a judgment upon any question undi'r its eonsideration.' It is, therelbre, always a delicate matter ibr the speaker to interiere unless ht; is positive that the member's remarks are not relevant to th(^ subject before the House. On such occasions he may very pro- perly suppose " that the member will brinu' his obsc^rva- tious to bear upon the motion ))(» ore the House ;"' or "that he will conclude with sonu^thins'' that will ])rinq: him within order." ' Hut the moment there is no doubt as to the irrelevancy of a member's observations, the s[)eaker will call his attention to the fact. ' And he may lind it necessary to caution a member that " he is approachini>- the limits of j)ropri(»ty which «'online hon. members in speakinj^- to that which is relevant to the subject on hand," and to expr«»ss the hope " that he will be careful toconiine himself to that which is relevant," " In the English Commons the authority of the speaker, in cases where members persist in making- irrelevant remarks on a question, has very recently been enlarged. A member who repeatedly wanders from his subject is at once reminded by the chair that he must keep to the ' 2l'7 E. Hjins. (;{), 7S;i, 8% ; L'2() //>.. 1751 ; 'JI'.O Ih., 10!)() ; 2;U Ih., ll.>2L> ; •j;?S lb., 'JH, ]07(i ; 1'4'J //>., KliW, 171"', A:c. -' Ciisliiritr, p. (>:>•">. ' IS E. 1-111118. (:i). 89 ; Mr. Speukor Sutton. ' ^Ir. !S!)eaker Aiihott; Ciisliiii!.', |). ();]7. ■' lML' E. Hars , l()i»H ; Uv. Speaker Braml. ''2L'2 /A., ilOlt. LKSGrn OF si'i:e(:iii:s. 413 qiu'stion, mid ilht; continues in his irr«>r. Wilson's I)ij,'efst of Tari. Law, 404. ' May, 350 ; \)\) E. Hans. (3), 11% ; Kil ///., 344. 1-; I ' ■! I' ^'M^^ :11 ■M:!i: i a' 414 RUUJS OF DEBATE. of the debate.' New rules have been quite recently adopted ill the Eni^lish Commons to confine debate to a motion lor adjournment, when it is made during the discussion of any matter.- But so far the Canadian Hoase has not shown any disposition to waive what may be a valu- able privilege on certain occasions, when much latitude of debate is neiH'ssary. A motion for the adjournment of the House may be made while a matter is under disi^as- sion, or in the interval of proceedings In the first case such a motion is in the nature of an amendment, and in the other it is a substantive motion, to which a reply is permitted to the member who makes it. ' Motions lor the adjournment of the House or of the debate are generally made in the Car '''an Houses in the course of a discussion, in order to give an opportunity to members who have already spoken to speak again,' or to make certain explanations which, otherwise, they might not be able to make. Substantive motions for the adjournment of the House ought to be reserved for occasions when it is necessary to discuss questions of gravity." They are not unfrcqm^ntly proposed in the Canadian Commons with the view of bringing before it some question in which a member is immediately interested, and which he believes should be explained by himself with as little delay as possible. Consequently we find they have been sometimes made for the purpose of giving a positive denial to certain charges made against members. ' In 1878, a member ' 85 E. Hans. (3). 1405; 182 lb., 2172-5 ; Sen. Deb. (1884), 545. -' See new t?. O. on this subject at the end of tin's work, app. L. ' Rule 15 of Com.; rule 22 of Sen. : 186 E. Hans. (3), 1505. * See Can. Hans., March 8, 1877 (Graving Dock at Levis); Ih., March 13, 1878. Also 2(}1 E. Hans. (3), 991). •' Can. Hans. (1883), 949. '• lb. (1885), 2030 (Mr. Blake). 188 E. Hans. (3), 1523-6. Such motions are now restricted in England. S. O. xvii. See app. L. ■ Can. Hans. (1878), 2057. MOTIONS FOR ADJOIRNMENT. 415 brought to tho notice of the House, on such a motion, that certain dominion ofRjials were tukin-j^ j)art in the provi.icial ek^ctions of Quebec' In 1S91, Mr Laurier initiated in this way a long debate on the formation and policy of the new administration, formed on the death of Sir John Macdonald, premier of the ministry consequent- ly dissolved ipso facto ir But even this practice, which is liable to abuse, has its limitations. No member will ])e permitted, on such a motion, to discuss an order of the day,' or a notice of motion on the paper,' or a motion which was dropped owing to a count-out,' or what has taken place in a for- mer debate/ On the IDth of July, 1S75, Mr. Whalley was proceeding to discuss a resolution of which he had given notice, but for which he could not find a seconder ; Mr. Speaker Brand called him to order on the ground that he was attempting under cover of a motion of ad- journment to discuss a matter which was not regularly befor*' the house." It has also been de<.'ided that a motion of adjournment is out of order on a motion that the House go into committee on a bill on a future day." Nor is it in order under ., 19M.'), 200S, 2011 ; Blackmore (is,si;>,2:?. MSj/Za (3), 886; 187 //>., 775. Can. Hans., 10th April, 1S70; 269 E. Hans. (3), 1246 i Lords). ' 224 Ih., 593 ; Blackmore (1882), 76. '■' 261 E. Hans. (3), 1689 ; Can. Hans. (1888), 1093. ' 225 E. Hans. ^3), 1664; Can. Hans. (1880), 1916. ^ 221 E. Hans. (3), 744. " 260 lb. 1257. ht 4'\ ;>.! 4^ I- m m H*' . ^i. 41G RULES OF DEBATE. \ I himself to tho question.' Nor, on a motion lor the adjourn- ment of the debate, can a member refer to a vote just previously given, nor review what has taken place in the House," nor debate the subject-matter of a bill,' nor ref<'r to a past debate.' It has also been ruled that a member moving the adjournment of the House for the purpose of askinjr if another member had a certain conversation with the speaker was committing a gross abuse of the privi- leges of the motion,' IX. Rules hmiting Debat'?.— Both Houses have imposed upon themselves very strict rules with the view of pre- venting members from occupying unnecessarily their time on any question under consideration. The following are the rules of t!ie Senate, regulating the limits of debate : 21. " A senator maj' speak to any question before tlio Senate, or upon a question oi- an amendment to bo proposed by himself; or upon a question of order arisiiii^ out of the debate ; but not otherwise, without leave of the Senate, whieli shall be determined without debate. 22. ''No senator may speak twice to a question before tlio Senate, except in explanation or I'cjily. when lie has made a sub- stantive motion. " 2.3. "An}' senator may recpiire the question undei- discussion to be read at any time duriuii; the debate, but not so as to inter- rupt any senator whilst speakin_l,^ 24. " When a question is under debate no motion i.s received unless to amend it, to commit it, to post])one it to a certain day, for the previous question, for leading the orders of the day, or for the adjournment of the House. 25. " Any senator called to order shall sit down and shall not proceed Avithout leave of the Senate." 1 232 E. Hans. (3), 173:5, 1734. ^ 2o7 //-., 13ol-2. •• 259 Ih., ] 79-80 ; 530. * 250 Ih., 1440-7. ■' 263 Ih., 50-51 ; Blackmore (1883), 22. "Sen. Deb. (1884), 60. " See a decision of Mr. Speaker Miller in 1886 that a senator called to order must sit down and cannot proceed without the unaiiimo'm assent of lil'LES LI MIT ISO. DEBATE 417 The foregoing rules are substantially the same as those of the House oi' Commons, to whose practice \\y\ shall now proceed to rel'er. It is ordered by the rules ol" that House : 15. " No member may speak twice to a question, except in ex- planation ot'u matoriul part of his speccli, in which he may have lieen misconceived, but then ho is not allowed to introduco new matter. A repl^' is allowed to a member who has made a sub- stantive motion to the IIoiiso, but not to any meml)ei' who has moved an order of the day, an amendment, the •• previous (jues- tion," ' or an instruction to a committee." - It is the practice in the Canadian House for the member who makes a motion to give the name of his seconder, w'ho may, if necessary, lift his hat as evidenci; that he has intimated his consent, and under such circumstances he is allowed to speak at a subsequent stagt! of the debate on the question.' But if a member who moves an order of the day or seconds a motion, should rise and say only a word or two, — that he moves the order or seconds the motion — he is precluded from again addressing the House according to a strict interpretation oi the rules.' In mo- ving an amendment, a member is obliged to rise, and though he may only propose his amendment, he is con- sidered to have exhausted his right to speak on the ques- tion before the House. ' On the same principle when a member rises and simply reads a substantive motion to the House, he is considered to have spoken to the question, but he may claim the right of reply at a later stage." the House ; that is to say, any one member may prevent him from going on, when he has been called to order under the rule, Deb. 775-778 ; ^iS3. ' May, 360. -' Nor, under Lnglish decisions, to the mover of a m< 'on for referring a bill to a committee special!" constituted and enlarging its terms of refer- ence ; May, 3G0. •' This is the English practice; May, 3(il ; 210 E. Hans. (3) 304. * 11)4 E. HauB. (3) 1470. But it is unusual to enforce the rule so strictly as in the case cited. Also 4 Hans. N. S., 1013. •' 118 E. Hans. (3) 1147, 1103 ; Mr. B. Osborne's am. ; May, 361. '■ Can. Hans. 14th April, 1877 ; secret service (Mr. Young). 27 /I H<'M\ 418 RULES OF DKliATK. A member who has already spoken to a question has no right to rise again and propose an amendment or the adjournment of the House, or of the debate, thouirh he may speak again to those new questions, when they are moved by other members.' For the same reason a mem- ber who has moved the adjournment of the debate which has been negatived cannot speak to the original question.- A member who has moved or seconded the adjournment of a debate cannot afterwards rise to move the adjourn- ment of the House.' And '■ as a member who moves an amendment cannot speak again, so a m»^mber who speaks in seconding an amendment, is equally unable to speak again upon the original question, alter the amendment has been withdrawn, or otherwise disposed of. In both cases the members have already spoken while the ques- tion was before the House, and beibre the amendment had been proposed from ae chair." ' It is usual for a member who wishes to have the floor on a future day to move the adjournment of the debate. and to give him the priority when it is resumed. The House also frequently agrees to adjourn the debate in order to allow an opportunity to a member to continue his speech on a future occasion. ' But a member must rise in his place when the House resumes the debate, otherwise he will forfeit his privilege.'' If a member should move ' May, 3(i2; 222 E. Hans. {?>), 1120; 2;)7 Ih. 408, 15:52. Mr. Holt..n, 2oth Feb., 1878 (jzov.-jien.'.s expenses). See Cushing, pp. (>18, (ilP with reference to S{)eeche8 on main tiuestion and amendments thereto. - 227 E. Hans. (3), 1098; 2o4 Ih. 1793. 257 //'. 13r)l-2. " May, 302 ; 202 E. Hans. (3), 448-450 ; 240 lb. 123. * May, 301 ; 241 E. Hans. 1311. It appears, however, from a later deci- sion that if a member moves an amendment, and does not speak, lie will be allowed to address himself to the main See Can. Hans. 7th April, 1877 (Mr. Costigan) 1260-7. Also 13 E. Hans. (1), 114; 194 lb. (3), 1470; 196 lb. 1365. * 126 E. Hans. (3), 1246. This rule has been always observed in the Canadian House. PKRS OX A f- EM 'L A NA TIONS. 419 the adjounimeut of tht^ debate, and the House should negative that motion, he will have exhausted his right of speaking on the main question.' When a debate is ad- journed until a future day, a member who has previously spoken on the ,su))ject will have no right to speak again, unless a new question has been [>roposed in the shape of an amendment.- X. Personal Explanations-— But there are certain cases where the House will permit a memb'r who has already spoken to a question to make some further remarks by the way of explanation before the debate finally closes. For in- stance, when a member conceives himself to have been misunderstood in some material jnirt of his speech, he is invariably allowed, through the indulgenceof the House, to explain with respect to the part so misunderstood, and this privilege of explanation is permitted without leave being actually asked from the House.' But such explana- tions must be coniined to a statement of the words actu- ally used, when a member's language is misquoted or misconceived, or to a statement of the meaning of his lan- guage, when it has been misunderstood by the House; ' for the speaker \\\\\ call him to order the moment he goes beyond that explanation, and replies to the remarks of members in the debate ; '' or attempts to censure others ; ' or proceeds to state what he was going to say, but did not ;"* or to give the motives which op^'rated in his mind ' 194 E. Hans. (3), 1470; I'fj lb. VMo ; 2:52 Ih. 1341 ; Can. Hans. (1S78) 197G (Mr. McDo!iu';ill). 1 E. Com. .1. _'45; May, 362. ■' 12 E. Hans. 3), 923 ; 223 //-. (3), 1187; Ih. 307 ; Sen. Deb. (1874), 84. ♦ May, 359. •"' 107 E. Hans. (3), 1215. Can. Hans. (1875), 801-4. * 06 E. Hans. (3), 834; 105 Ih. 1032; 223 Ih. 307; 22416.1924; 232//', 358; Mr. Goudge, Can. Hans. 3rd April, 1878. " 175 E. Hans. (3), 402-0 ; 252 Ih. 225. See remarks of Mr. Sp. Kirk- patrick, Can. Hans. (1880). 1198. "E. Hans. (1), 814, 815. '"jini- 420 JiULKS or I > Ell ATE. r to induco him to Ibnii tho opinion which ho had cx- pn'ssod ; ' or to explain th»' hinguagc ol'othor monibcis ; " or to explain the conduct ol' another person ; ' or to go into any new reasoning or argument or to advert to a past debate on any other matter.' It is necessary, however, to observe here that in all cases of personal explanation the House is generally disposed to oe indubrent and will IVequently " waive a rigid adherence to established usage," especially when the public oondui t oi' a member is in- volved.' The indulgence of the House will also be given to a member who has already exhausted his right of speaking, when he states that certain facts have como to his knowledge with respect to a matter in which the House is interested, and on which it is necessary that the House should come to a correct decision." The same iu- dulgent'c is almost invariably shown to ministers of the Crown, when it is necessary to place the House in full possession of all the facts and arguments necessary to give a full understanding of a question." The House will also always be disposed to listen indulgently to explanations in refutation of statements injuriously affecting the con- duct of important public functionaries or officers of the army or navy."* But while great latitude is allowed in personal explanation, nr reference should be made to another member in connection with the subject except in his presence.' » 29 E. Hans. (1), 409. ^ 26 lb. (1), 515 ; 41 lb. 1(J7. ■' 38 E. Hane. (;5), 13. * Itil lb., 355, 487. - 87 E. Hans. (3), 537; 222 //-. 1187; Sen. l)i-b. (1873), 10-12. See Can. Hans. 1878, 12th Feb., when Messrs. Jones and Tiipper were allowed to speak twice in i^ersonal explanation. « 2 Ilatsell, 105; 111 Grey, 357, 410; 18 E. Hans. (3), 510,555 ; Cashing p. 023. " 119 E. Hans. (3), 88, 153. " 148 E. Hans. (3), 072, 1364, 1458. Can. Hans. (1878), 803. Sir John Macdonald, when orders were called, read memorandums from Chief Justice Young and Judge Desbarres in answer to remarks of Mr. Alfred Jones in the House on 12th Feb. See also 210 E. Hans. (3), 400, Mr. Reid, admiralty organisation. '•' 216 lb. 1783, Blackmore's Sp. D. (1882), 151-2. vM.i.isa IS (jiiwnoy A MKMium's iroA'/>>. 421 XI. Calling in Question a Member's WordB.-Whiitcvor a mom- bor says in oxpliination— whether relivtinif to the words or tho meaning ol' his speech — is to he taken as true and not afterwards oalled into question. The words, whieh he states himself' to have used, are to be considered as the words actually sj)oken ; and the sense in which he says they were uttered, as the sense in which they are to l)e taken in the debate. If a member disavows the use of words attributed to him, and objected to, the matter must end.' XII. Interruption of Members.— It is a well recognized rule that when a member is in possession of the House he can- not be deprived of it without his own consent, unless some question of order, or of privilege should ari.se ; in which case he must sit down until such question has l)een disposed of.- A member who interrupts another on a point of order should state it clearly, and must not pro- ceed to wander beyond it, and touch upon the question under debate. ' A message from the governor-general, or deputy governor, brought ))y the usher of the black rod, will also interrupt a member or any proceeding, but the debate or business will continue when the Hou.se resumes.' In the August meeting of 18T3, Mr. Mackenzie was ad- dressing the House, when the gentleman usher knocked at the door and was ordered to be admitted by the speaker, who proceeded forthwith to the Senate chamber where the Housetj were formally prorogued.' No member who rises to a question of order or privilege will be permitted ' 21 E. Hans. (2), ;593; Can. Hans. 187S, l,jtli Fel>. (Mr. Dymoml) p. ".4. Also 2 E. Hans. (1). 315; 61 /A. (:;), 5:5; 200 Jh. MIS; 233 10. loUU-O!) ; 24.^ Ih. 1474. ■^ K. 17, supra, 405. ■' 7 E. Huns. (1), 194, 208; 195 Il>. (3), 2007-S. ^ Can. Com. .T. (1SS4), 189; Can. Hans. (ISSS) 119fi, 1197; I'>. (ISSO) 745 (Mr. IJeansoleil was speaking when the message was received). '' Pari. Deb., 13th August, 1873. Also 2 Hat'^ell. 374-7. h ' I ' ' at 'M ! i .,•>;,; m ■'^ 1 ti- ff m iiil , 422 Rri.Fs OF DEnATi:. ■ to raovo an adjournmont ol' tho HoUi*o or of tho dobati* under tho covor cf ^U' h quf^ition. In 8Uoh a oaso the spcnkor will i^rovont him proooi'ding' i'urther, an.l call upon th»' mombor who had lirst iH>ssossiou of the House toi>rot'Ood.' Whilst a niombor is addrcssinj^ tho House, no one has a rit him by puttint"' •.; question to him. or by makina* or demandinii- an explanation.' A member will, at times, allow such interruptions through a sense of courtesy to another, but it is imtirely at the ojition of the meml)er in pos-^.-ssion of the Hi)usei to yive way or not to an immediate explanation ; and it is quite manifest that all sueh interruptions are very ineonvenient and should be deferred until the end of a speech.' Hut any member, under rule 14, may re(juir(» the cpu'stion uiuler discussion to be read at any time (»f the debate, but not so as to interrupt a meinber whilst speaking. AVhen. in the Knglish C'ommons, a member has fre- quently interjOv ted remarks while another member has been spe; king-, he has been warned by Mr. Speaker that if he I'ontinues such disorderly interruptions, he will be "named" as disreijarding the authority of the ehair un- der the rigid rules lately adopted for the seemly conduct of debate.' XIII. Speaking on Calling of Orders— It is a » ommon practice for members iu bi)th Houses <«f the Canadian Tarliament to maki' personal exphuu.tions or ask <|uestions of the government when the orders of the day are ealh'd. They make these explanations in relerenee to an inaccurate re- ' -tr* K. II'ii!8. (:'i 'X)i''. A iiKMiil'iT !:;is I't't'ii iiiirrMiui'»'il whilst h uu'IuI'it wass|H>nkiiii:; Mr. Wliitc, llrh .Narch. ami Mr. Ort.ni, iL'tli March, IHTit; Mr. Siini:Icy, (an. Hans. (1SS.'>), I'.In:!. Sj-e ca.st' efa rotiirn feri'lcction ami tiie intnuiuciidn it" tho iii*>uili<>r liiuisell'tiurin^: a ato; //'., II!'- i.Mr. (Juillet). Vm- analepiiei |ircuv»'iliiii.', "';'> K. t'l.ni. .1. -7(i, ^U'S. -'1!>L' K. Hans, (oi, 74'i. "j;U K. Hans C'.) ;'.; /'.. :;.-..;; fan. lliinp. (1SS4) .-.di. *:'t;i K. Hans. (.-') l:'.".0, f.';-.7; WackiiHTf (ISMl) I'J. sPKiKiyc, inoss. or othor mattors ol' [luhlir intiMvst. port ol' their speoihos in the oliicial record ' or in tho lunvs- papers;- or in denial of certain chiirgt's made ai^ainsst them in the puhlie prints; ' or in relerenee to certain re- marks whiih had l)een misunderstood on a previous ov'('asion. and which tliey had not before had an oppor- tunity of exphiininij" ; ' or in respeet to the incompleteness or inaciuraiy of certain returns broui^ht down under the orch'r of th<> Ilttuse.' (Questions have been asked, when the orders are called, relativ*' to the statt" of public r>ut no dif-cussion should be allowed when a minister has led to a ([uestion, nor after a meml)er has made his personal explanation." In askini^ a (piestion, a member must not attack tii coiuluct of the uovernment/ If a member wishes to make personal explanations in reference to remarks whii-h have fallen from another member, the latter ouixht to be in his place; ' and he will take steps, as a matter »»fcourtesy, to inform the member of his intiMition to address the House on the subjei-t at a particular time.'" But no (piestion can be put. nor remarks made, after the cle'-k has read the lirst item on the order paper; for then all ([uestions or renuirksmust clearly relate to the business uiuler t, Hans., IS7S, p. y.\\. Scii.Uor Miller, Son. \hA\ (ISSd) •.'•i;{ - I'ar!. I VI.. (1S70) r)-JL'. ' < '.(11. Hans. ( l.ST.'i) Stil-'J; //.. ( 1S7S\ IIU 1. Such cNphinations an* not allow. iMm mu tin- jfroiintl 111' privilt'j:i>, mili'.s.s tin- coniliu'l ot' a nuMnhor a8 a inenitxT i« jittiukcl. and m tnal frtw> n. motion Hlmnltl li<> foriniilly pro- posed. Mr. H.'ltoii'.x reinarkn, 'Jlst Manli, 1S7S; al.xo lltli .April, 187S. Soo.iii this point .(/;.)•.. :;77 nu,\ •22'2 E. Mans. ['■'<) 1 l.^t>-l •.'(»:;. S7 K. Hans. :.> ISO. S7 K. Hans. :.> ISO. 'Can. Hans. ^ISTH), .VVJ, .>)»:{. " //'. (:s7S) .v.t;?, 7iiS. ■ //-. (1>7S) .•)!!.■). ■"JUJ K. Hans. [W) 17^:'.. '" 174 //.. C\) lit'J. " Mny, L'SI; 'an. Hans. (ISSin, ;;s4 /'■. il.s7S) I'Jtui. WM .{it i'J I 424 RULES OF DEI! ATE. of orders has boon of rooout years carried to an inoouvon- ient degree, and at times indeed in direot violation of the rules and usages govornin^ questions and motions. The rule respecting questions has been consequently set at nought by taking advantage of a practice which has not the aathority of correct parliamentary procedure to sustain it. IJemarks with respect to a return not brought down in answer to an order or address, or on a matter of urgency, or of public business, or of personal oxplauutiou, may be allowed by the indulgence of the House, but not as a matter of absolute right. All questions and the answers thereto, — when answers are necessary, — should be brief, and involve no matter of controversy or debate. The rules and usages of the Canadian Houses ailbrd every proper opportunity for the (lis<'USsion of questions, and the practice under consideration is one which should be carefully avoided. H' a memi)er wishes to bring up a question of urgent public importance, he should conclude with a motion for the adjournment of the House.' In case of ministerial changes, explanations are generally allowed to be made in both Houses when orders of the day are called by the speaker.-' When the premier or member leading the government in the House has made such explanations, it is usual to permit the leader of the opposition to make some remarks on points arising out of the former speeeh. In fact, considerable latitude is allowed ' See lemurkH of speakers on the projwr proceiluro t(i follow : Can. Hnns. (ISSoi, L'SUd: //.. (18HS1 \t)m; //.. (Iss}») :5S->; //,. (IS'IO^ .')0(}, l.")l(;, :?i!ts. A.S an illustration ol'tlie inconveniences of tlie practice, .see Can. Hans, for Jnly loth, lS8r>. In the session of lS8.">,when an insurrection had hroken cut amonnthe Half-hreeiit the excuse at this time was tiie necessity of keeI)in^ the public informed dnrii.'ir a national emergency. In isitl the practice was carried to an inordinate extent, and Mr. iS|)eaker White was forc(Ml more than once to call attention to its inconveniencies, and to a-k the House to assist him in restrainiu;.; it to . REFKniCyXES TO OTHER MEM HERS. 42; by the iuduli;eiice of the House on such occasions in the Canadian Commons. In the English Commons, it is irre- gular to permit any debate, after the ministerial state- ment has been made, urless some question is formally proposed to the House; ' and the same practice obtains in the Lords — a motion for the adjournment being made when a debate is expected/ XIV. Manner of addressing another Member —A member ad- dressing- the House must not mention anothfr member by name, but mtist refer to him in certain terms which the ex(>*»rience of parliament has proved to be l)est ciilculatcd to ^)resin-ve the decorum of debate. The Senate have an express rule on this point ; '' and it is usual in that House to speak of another senator as " the hon. member for Grandville " (or other division he may represent) ; ' or simply the hon. member ;' or "the hon postmaster- g-eneral '' *''^r other othce he may hold in the government) ; ' or his hon. friend and colleague from Nova Scotia (or other province).' In the Commons, members are referred to as the hon. member for ; the hon. minister of inland revenue ; the hon. premier, or lirst minister, or the hon. gentleman who leads the government ; the hon. and learned member ; the right hon. gentleman ; or in sut h other terms as designate a member's position, rank or profession But it is not irri'uular to refer to members of a previous arliament by name,' or even to refer to a 'i:| ' 174 K. Hans. (:;) 1215. lliKi; 1«>1 //,. KilM-lTlT; IT^T-lMy. See on this jM)int, Todd ii.,4i»l. Also olmp. xxii of this work. • 153 L Mans. ilVi iL'dti. ' R. 2<». '• KvHrv senator desirin)^ to 8{>eak i.s tn rise in liis i)hice unc'overeil, and adilres.s himself to the rest of the setiatifrs, and not refer to any other senator l>y name " ' Pari. I)el). 1870, 1440. •■ //-. 144-.. " Ih. 144»i,14.")(t. • Ih. 14SIJ. ' Can. Han*. ■ lS77j 11, 17, 'X^, 212. 241 ; 231 K. Han.-*, (:'.) 3lil, itc. Also Sen. Del). K't > 124. m»<>. ' 252 E. Haj*!. (3) 13(34-5. \n\ ri' ''. . (■ M-^ \ 426 RCLES OF DEBATE. member by name, when there are two gentlemen of the same name sitting lor a <-onstituency, and it is necessary to distinguish between them.' XV. References to the other House— It is a part oi' tht> un- written law oi' parliament that no allusion should be made in one House to the debates of the other chamber, a rule always enforced by the speaker with thi^ utmost strictness.- Members frequently attempt to evade this rule by resorting to ambiguous t«'rms of expression — by ri'ferring, for instance, to what happened " in anotlier place;"' but all such evasions of a wholesome practice will be stopped by the speaker, when it is very evident to whom the allusions are made.' It is periVs-tly regular, however, to reler to thi' oliieial printed records of the other braneh of the legislature, even though the document may not have been formally ask»>d for and communicated to the House. XVI- Kelerences to previous Debates— No member, in speak- ing, can retf-r to anything said or done in a previous debate during the same session — a rule necessary to econo- mise the time of the House." Neither is it regular to refer ■im Il>. (■.'<) ;;(iS; l'OS II>. 1(;Sl'; U-JS //,., 1771 ; -'(i7 ///., -II; Sen. IVh. (1871) -JS-I; /■• (1884), lti7. "Tliero is no S. (). on tlie sub- ject, but t!io unwritten law of parliament is of eiiual, if not oi^reater force tlian any .*•. n. df this House." .Mr. Speaker Brand, .iune !), 187(i; Blacknioren S|). I •.(1882) 117-8. In tlio oM time.s of conflict I'eiween tlie leiriflative fonn<'il anil atiseinbly of Lower Canada tliis wise rule was constantly l>roken; a very nieiuurablo case is inentionoti in t'liristie, ii.. :')"<'•(!. Wln-n declarations iiavo been inadti by niini>ters of the frown in the Lnrds, excejitions have bet^i made to tlio strict observ- ance of the rule. Mr. Sp. Denison. l!»i K. Hans. (;{), 178(1. ir>!i //'. (;ii 1181. ' 1G8 //;. (;;i 11117, iii»8. ■ !!!» Ih. (;;) (i:;i ; in') Ii>. sw. .\iso 4 li>. (\.s.) 2i:{. ' 13 n>. (N.S.) iL'iC, 22!) ///. (:i) 124. (an. Hans. (187!l) 1824. The rule, however, does not apply to the different ataxics of a bill; 2Jf» E. Hans. (I!) :}74. 2.T< /''. f»7-l. On a motion for the adjuurnintMU of tho Ilou.soa uiemlKM- canuMt inff'.Djie this wise rule; 2.')0 Il>. (lb 1440-48. i rREHERVArioy of ouder. 427 to arguments used in committee of the whole ; ' nor to an amendment proposed in the same.- Xfitht-r may a mem- l)t'r read, Irom a printed newspaper or book, tomuu'nts on any speech made in parliament during the current session.' It is also in contravention ol' the rules ol" the House to discuss measures which an^ not regularly before it.' lUit a referenot^ to a previous debate, by way of illustration, is in order.' Hut a mi'mlx'r may always quote from a speech made in a previous session." XVII. Rules for the Preservation of Order.— Vv'ry stri> t rules have bei'U laid down, from time to time, by the two Houses for the preservation of detorum and order in their debates and proceedings. The donate has also adopted the following rules to prevent tlie use of personal and un- parliamentary language in the course of debate : ' 26. "All personal, hliarp, or ta.Kiii^s|)eeclu'> are foi-biddeii, ami any senator conceiving himself ollerxieij, or injured in tlie .Senate, in a committee room, or in any of the rooms helongin;,' lo tlio Sciiato, is to appeal to the Senate for redi-css. 27. " If a ^enator be called to oi-ilei-, for words sjjoken indeliato, iij)on the demand of the senat(»r so ealleil to oi-dei*, oi- ofany other sonator, the oxeeplionaMo words shall he taken d(twn in writing. And any sonator who has usi'd exeeptior'ible \voril<, and does not explain or rolraet iho same, or oiler ap(doirit's thercfoi', to the satisfaction of the senator, will bo een^ured or otheiwise dealt with as the Senate may think tit." Similar orders have been, for centuries, tht^ rules of the House of Lords."' In case of a diU'erence between senators ' ir)4 K. UiuiH. (:i)!tsr); -I-IX ll,. \W.)-\, r.laekniore's Sp. Ik-c. ^1,SS2) oO. '2l'1 //'. V.i), 1(M4. '•J»j;i ///.. 1(113; L''_'l //'.;>(!(). Nor even ask ;i nioniher if he is ('(rrecily re|M)rted to liiive nmile certain stiileinents lliat session ; '-MS //.. \in:\. ' L':ir) //,. :ii>;5 ; -^m) ri>. i."). ' '2:]\ II,. litKt. '' ic.'j Ih. :;!•:',. ' !^n. l)eli. (isso) HO; irrelevant remarks are also toiliidden, /'>. I(i7, " S. O. 1<> aiul !!•; June 13th. hvn\ ; .Mirmr nf I'. IS:;.;, vol. 'I'l, p. 'l%ho. ' It 4-. Rl'LEs OF DElLiTr:. the matter will be discussed with closed doors.' The Senate will also " interfere to prevent the prosecution of any quarrel between senators, arising out of debates or proceedinii's of ,the Senate, or any coramittei' thereof." ' The Lords have even extended this rule to prevent quarrels which have happened outside from proceeding any fur- ther.' In suchmattiTs, however, the speaker has no more authority than any other peer, and in that respect occu- pies a position very different from that of the speaker of the Commons, whose duty it is to stop a member the moment he is guilty of a brea«h of order, and to enforce the rule.s and u.sage of the House with promptitude and decision.' In the House of Commons a member will not be per- mitted by the speaker to indulge in any reflections on the Hoase itself as a political institution, or as a branch of the government ; or to impute to any member or member.^ unworthy motive.s for their action in a particular case ;" or to use any profane or indecent language, such as is uniit for the House to hear or for any meml)er to utter ; ' or to question the acknowledged and undoubted powers of the House in a matter of privilege ; ' or to reflect upon, argue against, or in any manner call in question, the past acts and proceedings of the House ; ' or to speak of com- mittees as if they were the special nomination of any per- son or " packed by the majority " ; '" or to speak in abusive and disrespectful terms of an act of parliament ; " or to ' Sen. l)«b. ( 1S71),8:;. For ucaseof taking(lown\vor<.l8,iiud asub-seiiiient retraction, see 5;en. Deb. ( 1880), ;50(». -Sen. R. 2S; :;i Lonls' .1. 448. ■' May, :17."> ; :'.() Lonls' .1. 191. ' .May, ;;',tO. .See «lebate in Senate on Si^aker's powers, June 21, 1'^'T. •'■ i;; S. O. ; 11 E. Com. .1. oSO; 15 E. Hatis. (1), :}:58-!) ; -'30 lb. (3), 397. '■() //>. (N. S.), 09, 70. Not to nienibers of the government, for in- stant e; LM.5 II: (:;>, 1.587. ■ Hi //-. (3) 217 ; 21S //,. 1331. " 4 E. Hans. (N.S.), 110. 8 " 2 Hatseil, 234 ; 2 E. Hans. (1), 095. '" 4 7/-. (1), 7:'.S; Can. Han-. (187S), 030. " 3.) E. Hans. (1), 309. ryPARLIAMEXrARV LASGVAGK. 420 speak irouioally or in terms of disrespect of the members of the other House of Parliament.' Per-sonal atta«ks upon members will always be promptly rebuked by the speaker. "There is no rule better established," said Mr. Speaki-r Addington on one ocoasion, " than that (iiii digredihir a mdterid ad personam is disord'-rly, that whatever wanders from the subject in debate and is converted into a personal attack is contrary to order." - No member will be permitted to say of another that he could expect no candour from him ; ' that he only affected to deplore the distresses of the country ; ' that his remarks are insulting to the House and to the country ; ' that he is in the habit of uttering libels, in the House ; " that he is guilty of gross misrepresentations ; ' that he has acted basely or from base motives;" that he is observed indulging in a smile un- worthy of a man ; " that the House has a right to know whether a member meant what he said or knew what he meant ; '" No member can be allowed to apply the expres- sion " impertinence " to another member ; " or to attribute motives '■ or any intention to insult others ; ' ' or to ques- tion the honour of one;" or to tell a member that he went about the country telling palpable lies ; '' or that certain members would shrink from nothing, however illegal or unconstitutional ; '" or that " members came to the House to benefit themselves ; " '" or that " a member has acted as a traitor to the sovereign ;'' '' or " that liberty ' 2()4 E. Hans, (oi, 1590 ; 3 Halsell, 74 ; Ciishing, pp. (wO, 660. ' 38 Pari. Rejt. 307 ; also 6 E. Hang. (N.S.), 00, 70, 518 ; 10 //-. 470. ■'33 7<>. (1),505 M//'. (2),U43. ■• 3 //.. (3), 1152, 1153. " 3 II. (3), ll!t4. '8 7/-. (2), 410. ^27 7/;. i;!), 120. Mi/<. (3), 561. "'4/'.. (2), 240. " 230 Ih. (3), 803. '•' 35 lb. (1), 723; 6 lb. (2), 09 ; 231 ///. (3), 437. ■' 228 lb. 2020, 2030. '* 222 lb. 329. '■' 223 lb. 1015. '" 210 //-. 589. "6 76. (2), (0. '•' 257 //'. 1204. •i I'i ! i il! i ;H-' , Hr .^1 H'' a ! i I unriifi f 430 lii'LES OF ItEBM'E. and regard of private ric^ht are lost to the House," and that a " minister had transferred himself from a constitu- tional minister into a tyrant ;" ' or that a member has stated what he knew not to be correct ;- or that he does not believe a statement he himself has made ; ' or that he ha, 2191 ; Ih. (18S4), 448. "JISK. Haiis. (.}), 1375. •' 201 lb. •■•(K). •'Cau. Hans. (1883), Dl'J. " 220 lb. 5S:i. \ < ALLL\G A MEMliEIi TO OliDKIl. 431 nn'uacing to tlu' Houso.' "Words whith aro plain and iiitoUigiblo, and couvey a din'ct meaning, are .sometimes iisi'd hifpothelicaUfi or conditionallif, upon the idea, that, in that iorm, they are not disorderly. IJut this is a mistake. If, notwithstanding- their being put hypothetical ly or conditionally, they are plainly inti-uded to convey a direct imputation, the rule is not to b«} t'vaded l)y the iorm in which they arc expressed. Thus, where a member, l)eiug called to order for personal remarks, Justilied himself by saying Ihat he was wholly misunderstood, he had put the ca.se hypothetically, the speaker, Mr. Manners Sutton, said "the hon. member must be aware that putting a hypo- thetical case was not the way to evade what would be in itself disorderly." -' It is the duty of the .speaker to interrupt a member who makes use of any language which is clearly out of order.' On one oot'asiou Mr. Speakei- Sutton said : " That ho always fell it a painful duty to iiit»'irii])t inemlKT.-. hut it wiis his tir^^t duty to inotsorvc order in the Iloasc. The order.sof the llouso were uiado not fortheatlvantaijje . -S//<. 72-', 723; 28 Ih. Ii5. ' 8 lb. 410 i 228 lb. (3) 2029 ; 231 lb. 437 ' Ih. (2) m, 70, »44. M3///. (2)129, 130. « 2 //>. (2) t)44. ' 13 lb. (2) 130. '!' iiJ^^ M ' 1 \ \ }' 1 t 1' 1 .il '^^ 432 i:ri.i:s or i>Er>.\TE \\\\i on all (itcasions it is the riiiht ol'ji member to riso and call anothor nioniher to order. He must state th«> point oi" order elearly and su«'einetly, and it will be for the speaker to decide whether the point is w»'ll taken. A member is not at liberty, in risinu- to order, to review the general tenor oi' a speoeh, but mustobjtrl tosome delinito expression at the moment when it isspok«n.' Itisle«riti- mate on sueh oreasions I'or members todebat<' the point of order, but they must eontine thems*'lves strictly to it.- When the .speaker has pronounced his opinion it is ;ilmost invariably ai(|uiesccd in ; but while no member can bo permitted to argue against it, he can take the sense of the House thereon. RuU* 1- provides: •• A moinlioi' called to oiilcir sliall sit dowti, Imt mayat'tei wartls explain. Tiie ILouse, ifapiR'aled to, sliall decide on the ;iiij)eal the ilcfision of the rhair shall he liiial." But there are few iusi.inoes, even in the early records of the English Commons, of the speaker being overruled on such points of parliamentary order.' JSome instances have occurred in the Canadian Houses, of his decisions on disputed points of procedure having been overruled.' In all matters of doubt, the speaker will always listen attentively to the opinions of members of experience, or sometimes, instead of expressing his opinion on either side, may ask instructions from the House on the point in dispute ; "' or refer the question to the discretion or feeling of the House ; " or suggest that the House may, if ' l!»oK. Hans. (;',)l.'007. - 1 //', (H 800, 801 ; 7 //.. 1^*4, 208; 105 //-. (3) 2007. ' C'ushinjr, p. 077. ♦ Can. Com. J., (lS7o), .")<). The House may also disaws as a i)oint of order any apparent irregularity in the procedure. For instance, if a meinbtT thinks a tiueetion has not been put distinctly and regularly from the chair; 174 E. Hans. CO lUUO-4. ^ 7 /6. (1) ISS, 207, 208. "4 Ih. (2) 518, 519; (i lb. (1 1 S47. SAMr.Mi A M/:.)n;i:i:. 433 it think prop«'r, dispense with th«' rulf in a particular case;' Also, in many e entirely will be ordered to attend in his place at a particular time; and when he is there, iu obedience to the order, the speaker will request him to stand up, and immediately proceed to reprimand him ; and when he has linished, tht' rei)rimand will, on motion, be placed on the journals.- The House, in all cases, should give every proper opportunity to an ollending" meml)erto make such a defence as may satisfy the House and avoid a reprimand. In the case of Mr. Plim.'^oll, in the session of 187o, it was shown that he had made use of most ollen- sive expressions "while extremely ill. and labouring under excessive mental exintemeut — the result of an over- strain acting upon a very sensitive temperament." Under these circumstances it was considered most advisable th:it Mr. riimsoU should not be required to attend in his place till some days later. It was accordingly agreed to adjourn the di'bate until a future day, when Mr. PlimsoU appearetl and apologized to the House ; and then the order of the day for the adjourned debate having been read, Mr. Disraeli moved that it be discharged, which was agreed to unanimously.' XIX. Words taken down.— When a member makes use of any disorderly and unparliamentary language, it is the riffht of another member to move that it be taken down.' ' 30 Pari. Hist. 114. ■' 3 Mirror of P. (1838), 2231, 2233, 2203, 2207. •' 225 E. Hans. (3), 1824 ; 220 Ih. 178. * See Sen. R. 27. WORDS TAK'KS DO WW. 485 Still th<' speaker will not imnuMliately ordt-r the words to be taken down, hut will Ix' s^uidod by the sense of the House on the subjeet.' Hatscll says on this point : 'The s|>onUor may (liii'ct tlio cloiU In lako tlic woiiU n t'(»r thi'ir Ikmiilj tlooiut'il disoriK'i ly, ho will piu- (K-ntiy delay giving an^'such direction, in arily to iiitfii apt the pioceodings ot the Ilonse. It'. h"\vi'Vi'r, iho call to t;dvO down tho woi'ds should ho pretty ircnornl. the cicik will 1)0 certainly ordered hy the HpeuUer to lake them down in tho I'orm and manner of expression as thoy arc stated hy the men\her who makes the ohjoction to them."- The motion to take down the words should include tho exact words (as I'ar as possible) that may be o))jected to.' "When the motion has been made, it is allowable to dis- cuss it before the speaker puts the (juestion thereon to the House — the object being" to give every opportunity to the oll'ending' member to withdraw the oil'ensive expression, and apologize to the House.' When he apologizes, the motion will be almost invariably withdrawn with the general consent of the House. H' the speaker rules that the expression complained of is not unparliamentary, a member will not be permitted to move that the words be taken down." U is also the rule : "That if any other per.son speaks hotween. "i- any othei' mut- ter intervenes, hofbro notice is taken of the words which givo otfenco, the words aro not lo ho written down or the party con- .sured." ' ' 272 K. Hans. {'.)), loCr., laOo. - 2 Hatscll, 273, v. ' '6 Mirror of 1'. (18:58), 2233 ; 180 E. Hans. (3), 882. MS(i K. Hans. (4), 882-887. • 210 Ih. 58y. "115 Ik 27(5. ' 2 Hat.sell, 2(58, n. ; 93 E. Com. J. 307, 312. 313. Consequently "any exception taken to words 8i>oken in dubato must be taken on the spot at once, and no words sicken can be noticed afterwards in the House, if such exception has not been taken to theiu ; and if the words themselves have '' 1- ii I* 1 ' f ■ 1 ' ! 1l# 436 KULES OF I > KB ATE. Consequently the ohjeition must be taken immediately that the words are spoken.' It will also be too late to interrupt the member and ask that his words be taken down if he is allowed to continu<' his spi-eeh for some time after he has g-ivt'ii utterance to the objectionable lan-626. In this case there was a prospeii of an enconnter between two nuMnl>ers, and the House couKl only prowcil to jirevent such a niet^ting ; the words ori^finatin^ the ditlieulty could not be discusHed. ' U E. Hans. () ), 32(1. -' May, 378. See also -18 E. Hans. (Il), 3l'1, which shows that mi the Lords, also, the words nuist ))e tnken down iusUintir. •' '2 Hatsell, 273, u. ; 235 E, Hans. (3), 1809-1833 ; 272 i'-. l.-)71. *32E. Com. .1. 708. ' 2 Hatsell, 273, n. ; 18 E. Com. J. 053. "120 E. Hans. (3), llt»4. ' 2 Hatsell, 273, ».; 32 E. Com. J. 708; 00 //.. 301 ; 120 E. Hans. (3), 1207. " 00 E. Com. J. 3{»1 ; 137 Jb. 395. !5oi). l»eb, (1880), 300. MlsBEUAVinrR IS COMMITTEES OR I.OBIilES. 437 orderly, and proceed to < ciisun' him.' Or the House may resolvt' that the words are not disorderly by neirativini'' the motion to een.sure the member.- Or the House may go still further and order the oli'ending- member to be eommitted to the cu-stody of the serjeant-at-arms nnd im- |)risoned. When the word.s have In'en taken down at the table the member should exi)lain and withdraw, and then the IIou.se will proteed to consider what course to take with reiorence to him.' Sonn'times the House may be dispo.s«'d to allow every induli^ence to a member who, in the heat of debit*', has allowed expressions to escape him which are (-alculated to oti'end the House or some member thereof. In such a ease tin* House will not deal immediately with the matter, but will order that it be taken into consideration at a future time, and that the member do attend in his i)lace at the same time. When the orders of the day, for the consideration of the words objected to and for the attendance of the member, have been read, the speaker will ask if he is in his place, and will proceed to explain the state of the matter, and j?ive him a further opportunity for an apolog-y. The words of the speaker may also be taken down and recorded by the clerk, wh<» may read them to the House, which can then proceed to deal with the matter as in the ca.se of any nt'mbiT on the lloor." XX. Misbehaviour in Committees or Lobbies.— When a member misbehaves himself in a committee of the whole, his con- duct must be reported to the House, whi<'h alone can cen- sure and punish any act of di.'^order.' H' objection be laken to anv words that a member mav use in com- fill I I- \ •. iS'l 'IS K. Com. .1.(15;!. ■Wl II.. 7ns. ■ m //,. f.,-)3. ' iL'd K. llaiirt. i;{i, I'JOH; '.':»■) /'.. lsO'.t-l'(i, ■'I2ti Ih. (;{), 1-J07, l-.Ms, i-.':;4. ":»'-' K.Ctiiu. .1. 707-H. arliament, it will bi' the duty of any member, on being informed of the fact, to call the attention of the House to the matter, "as a breach of one of its most im- portant privileges, that there shall be perfect freedom of ' lOSK. Cuiu. .1. Ill, 4ii(i; l:'G K. Hiuis. {:>), llli;{-l:'ii7 ; 'I'ib //-. IHiit, Is.lJ. ■•' i;!7 K. (oiii. .1. :'•)". ■ ('880 of l>r. Kont'aly \v!u) iii>iiltoil Mr. ^-ullivan, 'S,\\) V.. llaiis. (;>) ('ol- 5C)ti. See also for jiriivious prectnleiit-, 12.' !•".. (Oin. .1. I'.'l ; ]'.'2 E. llan.«. ' is:5 //.. (:•>), s(ti-'.'. /' U.\ ISIIMES T OF MrSC(K\D I V; T. 48!) speech in its dvbatos." The speaker, on bfini,^ informed of so distinct a breach of its privilei^es, will at onoe call on tlie olF'-ndini^ uiemlx'r.if hcbe present, '' to express his rcyrct for the breach of privilege he has coniniitted, and to jj^ive an assurance to the House that the matter will proce.'d no further.' The niemb«'r should then immedi- ately proc»'ed "to a<'(juit himself of any disrespect to the House or its privileges and give the required assurance.'" If the memb"vs are not piesent, they will be sent for ira- njedi:itely, and the necessary assurances asked Iromeaeh.- If the meml)er who has committed a l)reaeh of order either in the Hou.«e. or in a committee of the whole, or in a select committee, refuse to apologize or retract the expression complained of, and there is a prospect of a (piarrcl arising betwcn him and another member on ac- count of such words, it will be the dutj of some member to move immediately in the House thai ne Ix' taken into the cusiodv of the Serjeant-at-arms. Ifth«' membershould subsequently apologize and explain that the nn\tter will not proiec'd further, the motion for his arrest will be with- drawn.' XXII. Pun shment of Misconduct- — I'iit her House of parlia- ment has full authority to \)unish those members who are guilty of contempt towards it. by disorcb'rly or contuma- cious behaviour, by obstruction of tho public business,' or ' ("asfi of .Sir K. lVeliui-;'.S, pp. i,V.\'2. .M:!7, .Mi'.S, ,-ill7. ( -iLsour Mr. O'Ki'lly, l:'>s K. ( uui. ,1. IMS. A similar I'as^ (u'ciirrtMl in tlio U-yi^'laiivf a.s;-ciiil)ly nf Canada, scss. of 184!', wlion anj:ry words passed lietwecii two |irouiiiu'nt iiieiiilois dtiriiiv' tilt' pxiitiiijr d»>l)atoH on lla* nil)ellion Uishch ImII; Can. I.fjr. Ass. .1. (1^-4U), .""S. l"nr ntiu*r cases, seo S'.t V'.. Com. .1. II ; Ul Il>, \x\:>\ H'J //,. I'Tii; 1(1(1 ll..')>.\). 'S K. Hans. CJ). KnH-Ild'.'; Can. !.<••;. Ass. .1. (lS4tO, SS ; l(l(i F. ("dm. .1. 31 5 (fdhiiiiittct' rif wlioloi. F(ir 1 in 'cod an* in ia.>«e nf altercations in a st'U'it '■ ; but he .-should })e Iirst allowed an opportunity to explain and to know the nature of the charge against him.' For instance. when a member is named by Mr. Speaker lor disorderly conduct or language, he will explain and withdraw.' In ( ase he ' \m v.. ('.nil.. I. ."i."),')!;. ■ 122 E. HiuiH. (;n, .'•«i7-7;t; 107 K. ('..111. .1. 27s. L'(»2, :;(ii. ' 122 K. Hans. CI), (ill, SKI. ' 2 Uatsoll, 170; CiiHliin/. p. n!i2: Miiy,:i!t2; 150 K. Hans. (;5). 2102; 2:« Ih. 1)51. Can. Ia>x. Ass. .1. ( isiil j, 270; 12U V... '.i:.i>>. (;{), 1207. witjidhawal of mf.mbers. 441 perHists in remaining-, \>m will bo ordfrod to withdraw, as soon as a motion in reronnici' tw his conduct has boon pro- posed." When the chariie i< containt'd in the report of a committee, or in certain papers whirh are read at the table, the member accused knows to what points he is to direct his exphuiation, and may. thcrelorc. In- lieard to those points before any question is movi'd or stated against him ; and in such a case he is to be heard and to withdraw before any question is moved/ IJut where the (juestion itself is the charg't\ for any breach of the(»rdcrs of the House, or for any matter that has arisen in del)ate, then the charge must be stated — that is, the (juestion must l)e moved. The member must then l>e heard in his exi)lana- tion or exculpation ; and then he is to withdraw.' The principle is thus stated by Ilatsell , '"The nn'uiber com- l)lained of should have notice of the charu'e. but not of ;ill tlie arj^uments." For instance, if a motion ])»> made lor a select committee to inc^uire into tln' conduct of a member, he will be Ijeard in his place and withdraw.' The statement of a member made in his place in reply to certain «harues which appear on fh»' journals. i.s also frequently i;^iven in full on the record, especially in the Canadian Commons. This, liowever. is only properly done under more recent practice, wlien the charges are contained in papers laid before the House, and the reply is road from a written paper. lu Mr. O'Connell s case, in ' 235 K. Ilaas. y\\), is-Jii. "2 Hiitsoll, 170. 171, <,.; Minorof p. ISJS. vol. :;. pp. I'lry.', •.Hi4 ; 101 K. ('(•111. .1. .'.S'J; 11:; //.. «iS; lUi /''• :'.77, :!sl. ( HM' of -Mr. Daoiist, Ct'.!-. Com. .?., Ifith Mari'li. Is7t). IK> will ul.so ln> iviiuiroil to witliJiuw slioiilil lie pn'Hent liimsiilf in the Hmi-c licfore tlioy Imvt* iliuiUy (U'tiMiuinoil tli<' nuittor aireitinw: liim ; .So K. Hans. (.'<), ll'.>8. (^U'en'.s To. ( N. K) election ni.si', . I iiiu> 1, 1SS7; in tics rast*, whoii .Mr. H.iinl's Heat wa.s uttackoil, lie mailo liis explanatioii.s an«l then letiioil fioni the IIou.su until tho nifttter was iliai'oseil of; Hans. (>71, ii7.'). ^2\V> K. Hans. (3). ISll-rj. ♦yi K. Com. J. ;;i4. ^ iOO K. ( (.ni. J. 5S.'5; Can. Com. .1. l(Jth Marcii, 1.S7<>. 1 ■■■ - , 1 ; 1 i i m ^ S", ! : f< I ! \m Mi 1 1 n \--- i 442 Kl'l.nS OF I) KV, ATI:. I 1888, the sptvch complained of appeal in full, ami thou the journals simply record : " Mr. O'Connell havini? avowed makinj^ use of these expressions withdrew."' In similar Civses, when the chari'-e is contained in a motion, or wlu-n words have been taken down, or a com- plaint has been made of a member's conduct, the journals will simply record the fact that he " explained," or that '' he was heard in his place," or that " he madt' an explana- tion, in the course of whi v.. Hans. (:'.). I."i77, In ii cast' wIumc a mcnilicr imici't'dtMl toattaik tlio private clianKtor of a (It'coast'd iiolili'iiiaii (l-unl l.«'itriiii, a.ssaHainatt;, l>e:;4 ll> HO:), l.wS; :';;s v. llCjlJ; (an. Uaiih). (l.ss7),:!7:}. ' 24(1 K. Mans. !»!M).!»!C'. The HmiM* lias ai^i itl'iiscd tn rtveivo IK^titi^llls redfu'tiiij: uhjwliv< , "JIO K. Hans. (,11), '»tiii-l ; yiipio, i;!(i K m:\v sTASDiya oiii)i:Rs of ESaLisn (Ommoxs. 443 iu tho limits of docoruni, wo may re lor to tho laot that whon a momhor has applied the word "tyrant"' to the Emperor of Kussia, the speaker has at ouc e interrupted him aud pointed out that the langua«re was not respect- lul to a sovereign who is an ally and I'rieudly to Eng- land.' The speaker has also stopped a niemhrr who was using unparliamentary language towards an ofliet'rol' the House engaged at the time in the discharge of his duty. XXV. New Standing Orders of English Commons.— Several refer- enees have been made in previous parts of this I'hapter to the standing orders which have been adopted of late years by the House of Commons in England, with a view of preventing systematic obstruction to public business, and briniring the debates on a ([Uestion within a reasonable I'ompass. When it became evid<'nt that there was a settled policy of obstruction in the House, and that the old rules were ineffective, i\w si)»'aker fflt lonstrained to depart from the line of conduct hitherto observed by the chair, and to interpose on one occasion when a sitting had been « (nitinu«'d lor a pi'riod of forty-one hours, and the House had been fn-ciucntly occupied with heated discussions ujion repeated dilatory motions for ailjiturn* nient, supporttd only by small niinoritits in opposition to the general sense of the House. He felt compelled to say, after some preliminary observations : • Till' (liiiiiiiy, thu credit, ami tlio authoi it}- oi' !lii> ITou^e are MMiotiNl}- tlii-cati'iit'd, and it i^ nece^^al•y 'liat tiny -liould he vi '• • liciitt'd. I'lider tlie oiieratinri t(>nu'd rules and muthuds 1)1' proccduie, llie U'gi.>lative puwt'ih «ii' th..- licaihc aro I > ' '2:u E. Iliuis. (;{), lti:]i». .Mw. JI'.S //.. 7W. A iiu'udMT in il.f( iiiiadian ConiiiuinH, (111 one occaBion, avuh lailed to order t'or n fie ■tiiij: < n ilie i«ro- cecdin^rH of the Qnebec let'islature ; < an. Hans. (1S7S\47. .S-c also re- iimrks of Hpeaker as to the roursc a iiiemlier sIimuM ji>irs;;i> \\!ieii h(< has cli.TrL'eH to make a;:ainht the re| reseiitative ot a I'ore'nn ixjwer; -"»'_' K. IhniH. {[]). 1002-7. LM- K. HaiiH. 1 3), .->:]. I I I 444 JtULKS OF DEBATE. paralyzed. A new and exceptional courHO in impoiatively do- niandod, and I am eatisMed that I shall best cany out the will of the House, and may rely upon its KU|)poi't, if I decline to call ujton any more memliorn to .xpeak, and proceed at once to put the ([UCHfion from the chair. I foel assured that the House will he prepared to exercise all its jwwers in j^lvin^ etloct to these ])ri>- coedings. Future measures for ensurin^jj orderly dehato I must leave to the jud<;nuMit of the House; but T may add that it will bo necessaiy either for- the House itself to assume more etVectual control over its dcbato, or to entrust greater authority to the chair."' The host method of un'otiiif^ what was clrarly a crisis iu the procoodiugsof the House was the subject of earuest delil)t'ration lor inonths on the part of the speaker, minis- ters and } rominent members on both sides. The House affroi'd, fov the time bcini^, to various orders and re.solu- tions of a tentative character. The speaker's authority was streimthcuec, and a debate coukl be immediately l)rouyht 'o a close under the new ruU»s he stibmitted for tlie regulation of public l)usiness in eases of urgency." Tlie r< suit of all these proceedings has been th<' adoption of standing ordert which imi)ose the restraint of the closure on too protracted debates, limit discussion oil motions lor the /irlj Minnnent of the House or of a debate, allow the speaker or the < hairman of committees to in- terrupt a member wlio jvrsists in irrelevance or tedious repelitJoM, and provide nmre speedy inejjiods of punish- ing those members who may williilly and persJHleMlly uhhtnui the |)iibli' business. These new ordeiw, vvlllell ar<' given in full in ilie DppendiceH ' jo this work lor the inlormatiiHi of (be sludeuls of parliantenlfiry liJNtrM'V* show the radii al chnnifes (but Ibe piiiglish Commons have been ffU/ipelled. Ihruiigli uigeni: UfciiBHiij/, u/id, Iff . ~^, 4fcta>..'.rT ' Mr. S|K.aI
ys. I. I'littiiiif the qiiC'stii'ii luitl division tliorenn.— II. I'l-nivoiliiiirs after a (tivisinii; cliullt'iiu'iir^ of vnt»>s ; pairs. — III. Qiu-stioiiH '■(•arrit>ii oit ilivirtiMii."— I V. Ivjiiaiity nf vnt»»> on a tlivlHiun ; caHtin^xvot*' of speaker. V. I'rntost of f*tMuitt>ri.— VI. Nn lut'iuldM- iiitcro.sted diroctly in n ipu'>- tii-u can Vote tlii'ii'i-n.— Vil. KcMrdinir of names in liiojnurnals. I Putt ug thr Queation.— "NVhou the d«0)!ite on a quo.stion is closod. and tlic IIouso is rt»:uly to decide theivoii, the speaker proceed.^ to "put " the (juestioii. The proceediiiij'.s in takinsi' the sense oT the House on ii question are simihir in the Senate and Commons. Meml)ers lor and against a qut'stion are distinuuished in thi' Senate as " eontents "" and '"non-contents:" in the Commons as " yeas " and '' nays." The IIousi' generally expresses its desire lor a decision on a (juestioi! by demandinu' at the close ol' the debate that the members b* called in; and in that case, the speaker does not read the question until the serjeant-at- arms has reported that the meml)ers have been called in. In many cases, however, the question is put without calliixDf in the members The speaker rises in his place and asks — " Is the House ready ibr the question ? " H" it is evident that no member claims the right of speaking", the speaker proieeds to put the question by reading" the main motion, and then the amendment or amendments in their order as the case may })e.' Having read the ques- ' See w/'ru,!}38. ni'Liis nFspKcT/.sa A Dnisioy. 447 If J ?!! 'VI * ■ ^ 11 1 >ii tioii on vvhioh tlu' lU'oision oi" the Houso is to bo lirst ^ivoii, ht' liik»*ts t h»» H»»n«»' of nii'niljers by saying — "Those ^vho are ill I'avour of the (juestioii (or aiiu'Utlnieiit) will say roiiteut (or ya) ; those who are oi" thi' (Oiitrary opinion will say non content (or nay)." When the Nup- porters and o])pon»'nts of thf (jueslion havo j^iven llu'ir voices Ibr anil ai^ainst the same, the speaker willsav — " 1 think the contents (or yeas) have it;" or '1 think the non-contents (or nays) have it ;" ^ "1 cannot decide."' If the House does not acipiiesce in his do isinn, the yeas iiiul nays (or lontents and non-contents) may be called for. Ihit a division cannot be taken except in accordance with the iollowinf? rule of the S»'nate : ;!l. " \\ \\\i> senatois itM|iiirij ii tlio conients aiiii ii(»ii-cMii(«.>nts are eiitored iipnii llic iiiiinilo,' pros iiiol llio Suiiatosliall not liave talon up otiicr basinu!j^ ; aiul oacli senator .-liall votu on the (pu>^- tiiiii upi'iily anil willeiul ilohate, iiiilc-^s I'or apodal rea.soii.s ho be t'Xiaso and nay> >liall not be entered ell the niinntes, Mnii's.«« leniaiided by tivo niomliers." - In the case of important (juestions, the meml)ers ar.' ' .S78), '2\'i\l In coiisoipience of the absence of Hueii a rule in Catuida, one mendier may practically 0, no votes wen^ given in tlie netiativo; Can. Com .l.,;t8. 'k .» 'til i . ' ^. I . ■:■ I, !!■ it I I i: IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I ■ 50 "^S Hi fim Hf 1^ III 10 2.5 2.2 III 1.8 1.25 U ,|,.6 4 6" ► ^ ^<^/, Photogr^hic Sdences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14S80 (716) 872-4503 4rt <$> i : ■■■;it, ; Kfl 448 DIVISIONS OX qUEsTIOXS. called ill when it is proposed to close the debate, and decide the matter uuder consideration. The moment the speaker orders that the members be called in, no further debate will be permitted. The Senate rule is as follows : 33. " No senator may s])eak to a (question after the order lias been g-iven to call in tbe memhoi's lo vote thorcon, unless with the unanimous consent of the House." Rule 82 of the Commons is equally emphatic ; " When members have been called in, preparatory to a divi- sion, no further debate is to be permitted." The speaker gives the order — " Call in the members," and the serjeant-at-arms immediately sees that all the bells are rung, and that other steps are taken to bring in all the members from the lobbies and adjacent rooms.' Several minutes elapse — no stated time is fixed as in the English Commons, where a sand-glass for two minutes is provided ■ — and then the serjeant-at-arms returns and announces the performance of his duty by a?i obeisance to the speaker. The latter will then rise and put the ques- tion as previously explained. If any member declares he has not distinctly heard it, he has the right of asking the speaker to read it once more, even after the voices have been given.^ In the Senate the speaker says — " The contents will now rise." Then the clerk or clerk-assistant, standing at the table, proceeds to call the names — first looking at Mr. ' The whips of the respective political parties in the House are always, on such occasions, occupied in bringing in the members. '^ A very loose system prevails in the Canadian Commons ; fifteen or twenty minutes — even more sometimes —pass before members take their places in answer to the call. In the English House, when the voices have been taken, the clerk turns a two-minute sand-glai5s, and the doors are to be closed as soon after tl e lapse of two minutes as the speaker or chairman shall direct. Two minutes enable members to rearh their places. May, 399 ; S. 0. 19th July, 1854. a 80 E. Com. J. «07 ; 114 Ih. 112. ) I iii. TAKING A DIVISION. 449 Speak'.T, who remains seated, and indicates by an indica- tion ol* the liead his desire to vote, or his intention not to vote by the absence of any movement on his part. In all cases the speaker's vote should be first recorded on the sid'' on which he wishes to vote. Alter the contents have been taken down the speaker again says — '• The non- contents will now rise." ' The names having- been taken down, and the numbers declared, the speaker states the result of the question in the usual parliani'ntary terms. In the House of Commons the speaker says — "Those who are in favour of the motion (or amendment) will l)lease to rise." The clerk has before him a list of all the names printed alphabetically, and places a mark against each name as it is called. The assistant clerk calls out the name of each member as he stands up. It is customary for members to be taken in rows ; when one row is com- pleted, the members in the next rise and sit down accord- ing as they hear their names called distinctly by the clerk.- When the members in favour of the motion have all voted, the speaker says again—" Those who are opposed to the motion(or amendment)will please to rise :" and then the names will be taken down in the manner just described. Any member who does not rise cannot have his name recorded by the clerk at the time, as the speaker has instructed members to rise in their i^laces. Each member is designated lion. Mr. in the Senate, and simply Mr. , in the Commons, except in the case of a title conferred by the queen, when the clerk will ' Senate R. 30. " In voting tlie contents first rise in their places, and then the non-contents." See Sen. J. (187S), 07. - The system of taking votes in the Canadian House lias its incon- veniences. It is not workable as a rule for two or three weeks at the cou:raencement of a new parliament, since it is impossible for a clerk to know all the new members by name. Or, if the clerk who takes the division should be ill, a difficulty must always arise. The system seems peculiar to the Canadian Commons. The more convenient practice — in vogue in legislative bodies in the United States, Europe.and the colonies — is to call the roll, when each member will respond "ayo" or "no." 29 m\ r.Mi:'i 1 m \t\. .1 1 '; 1 ■% ' I 460 DIVISIONS ON QUESTIONS. -, but it is usual for the clerk designate him as Sir iu the Commons, as a matter of courtesy, to give prece- dence in a division to the name of the leader of the gov- ernment should he rise with the rest.' A similar courtesy is paid to the recognized leader of the opposition iu cases of party divisions. When all the names have been duly taken down, the clerk will count up the votes on each side, and declare them — yeas, — ; nays, — The speaker will theu say — *' The motion is resolved in the affirmative ; " or " passed in the negative," as the case may be.- If the motion on •which the House has decided is a motion in amendment, then the speaker proceeds to put the next question, on which a division may also take place.' II. Proceedings after a Division.— When the clerk has de- clared the numbers, any member has a right to ask that the names be read in alphabetical order, in order to give an opportunity of detecting any errors or irregularities.' The vote of a member may be challenged in the English Commons before the numbers are declared, or after the division is over ; but this is generally done in the Cana- dian House when the clerk has given the result.' If a member was not present in the House when the question was put by the speaker, he cannot have his vote recorded. ' Strangers are now perniittod to remain in the galleries, and also on the seats to the right and loft of the speaker's chair, whilst a division is in progress ; unless.of oourse.the House ordersthe withdrawal of strangers in accordance with rule 11 of the Senate and rule 6 of the Commons. » Sen. J. (1878) 197-8 ; Com. J. (1878) 10, 79. ='Can. Com. J. (1877) 173-5; lb. (1878) 278-9. Sen. J. (1878) 197. Members should not leave their seats before the (juestion is finally declared. In 1880-1 a member's vote was hastily struck oft" on account of his leaving his place before the question was jo declared (Can. Hans. 7?4) : but Mr. Speaker Blancliet misinterpreted a rule (17) which had no application whatever to such cases,and his decision was properly reversed in 188i> : Can. Hans., 249. * May vS, 1878. Author's Notes. * 110 E. Com. J., 352 : 139 E. Hans. (3), 488. i:'i!''i1 PAIRS— MEMBERS NOT VOTING. 451 Rule 33 of the Senate distinctly provides that " he must be within the bar when the question is put." The speaker will inquire, if the hou. member was present in the House and heard the question put.' If he replies in the negative, his name will be .struck off the list, and the clerk will again declare the numbers." If a member of the Commons who has heard the question put does not vote, and the attention of the speaker is directed to the fact, the latter will call upon him to declare on which side he votes ; and his namtj will be recorded ac- cordingly.' By rule 32 of the Senate it is ordered that a senator declining to vote, shall assign reahons therefor, and the speaker shall submit to th) Senate the question, " shall the senator, for the reasons assigned by him, be e-'ieused from voting?" Though "pairs," which are arranged by the whips of the respective parties in the House, are not any more authoritatively recognized in the Senate or Commons then in the Houses of the English Parliament, yet it is customary not to press the vote of a member when he states that he has " paired " with another member.' If a member who has heard the ques- n. AX ' 2 Hatsell, 187. -139E. Hans. 486; 111 E. Com. J. 47. Can. Hans. (1890) 4G0 (Mr. Welsh) ; the name apjieareil incorrectly in the Hansard division list. See Jour. 79. ' 114 E. Com. J. 102; 129 /6. 234. Mr. Mclnnes, 16tli April. 1878, Canadian Commons. Can. Hans. (1879) 1979 (Sir J. A, Macdonald's remarks as to compelling members to vote). In the English Commons, ord February, 1881, Mr. Speaker informed the House that several mem- bers who had given their voices with the noes when the ss do not wish to divide the House, may ask that it be entered on the journals as " carried on a division," and the speaker will order it accordingly. The entry on the journal is simi)ly : " The question being put, the House (1SS3) 45S. III. (l^SU) 715. iWit pairs are recognised by the rules ot'tlio liouse of rei)re8oiitiitives iit Wasliini-'ton. fc^mith's Digest, p. 2',)[) ; Kule viii. (2). In tlie Canadian ConnnDiis tiie clerk at the table has been on more than one occasion alloweil to strike oil' the name of a member wlio is recorded and then admits having paired ; but there is no rule or order authorising this (luestionable proceeding. The ollicial Hansard, each session, pubhshes a list of pairs on each question, obtained from the whij)8 of the two political parties. It is usual at the close of a divi- eion to call upon a member, known to have paired, to explain how he would have vott>.d. Can. Com. Hans. (1890) 3iit). On one occasion a member inadvertently voted, though lie had paired in the opinion of another memijer who had not voted, and on the following day he wished to have his name struck olf but it was not considered expe- dient to make such a precedent and alter the journals ; Jh. (1887), 360. ' 176 E. Hans. (3) 31 ; 164 Ih. 210 ; 242 JL 1814 ; May 409. - Can. Com. J. (1871), 174 ; V. i^ P. (1879) 356; /6. (1887), 113 ;Sen. Deb. (1880) 455-6; lb. (1880-81) 501. ■' 232 E. Hans. (3), 1636; Blackmore's Dec. (1882) 91. CASriXG VOKF.. 453 divided, and it was resolved in the iillinnative ;" ' or "passed in the neu'ativt'." -' QiU'stions iruiy also he en- tered as "resolved in the ailirmative," or "passed in tlu' nen-ative," as " in the last preci'ding- division." ' Fre- quently, in the case oi' numerous motions on a (juestion, all the divisions are ordered by general consent to ])e recorded as in the first case.' IV. Equality of Votes in a Division.— When the voices are equal in the Senate the decision is deemed to be in the negative.' In ease of an equality of voices in the Com- mons, the speaker (or chairman of committee of the whole) is called upon to give his casting vote, in acCordancH* with section 49 of the B. N. A. Act, 18<37 : "(Questions ai'isiiii^ in the House of ('otniuDiiH shall bo (h'cido'l by a majority of voices other than ;hal of the speaUer, and wIkui the voices are equal, but not otherwise, the speaUof hhall have a vote." And it is provided by the rule of the House : !\ " In ease of an equality of votes, >[r. Speakoi' gives aca>titi;LC voice, and any reasons stated by him are entered in the joui'nal." Only two cases are recorded in the Canadian journals from 1867 to 18D0 of the speaker having been called upon to vote. On the first oc(^asion the question was on a motion for deferring the second reading of an Interest Bill for three months — on which there was great diver- sity of opinion — and the speaker voted with the yeas, but no reasons are entered in the journals.'' In 1889 the ' <;an. - IL (1 ' Can. ' Can. majority accord in B. N. of entry '■' Can. journals Com. .T. (1S77) 191, 102, 200, 220 ; //*. (187S) 50. S77) 200, 231 ; //.. (1878) 56 ; 129 E. Com. J. 144, 289. Com., I. (1877) 19;'., 249. Mans. (1882) 1479 (Representation bill). On .luly 3rd, 1885, the of the divisions on the Franchise bill were so ordered, and gly recorded. A. Act 1867, H. 3(). Semper pr.v-nimi(ur pro negante is the old form in the Lords' J.; 14 Lords' .b 167-168. Com. J. (1870) oil. Reasons are not always given in the English ; 98 E. Com. J. 163 ; 102 Ih. 872. il 'I ■I I i' ! 1 1 4r)4 nivismxs on QVJ^:sTHh\s. 8i>«'ak(M- voted in favor of giving- the IIouso another oi)pov- tunityof conKidoring a bill to prevent criu'lty to aninialK.' Hy consulting the various authorities on this poinl, it will l>e found that the general principle which guides a speaker or chairman of coniniittei^ of the whole- on such occasions is to vote, when practical)lt\ in such a manner as not to make the decision of tlie House linal.' Hut it may sometimes happen that the speaker's vote must be inlluenced by circumstances connected with the progress of a bill, especially when there appears to be much diver- sity of opinion as to the merits of a measure. In such a case the speaker may " refuse to take the responsibility of the chiMigt' upon himself, and may l(>ave to the future and deliberate judgment of the Hous«^ to decide what change in the law should bo made." ' It was evidently on this ground that the speaker gave his casting vot(^ against further progress during the session of 18t0 with the Interest Bill. V- Protest of Senators.— Wheiu'ver one or more senators wish to record their opinions against the action of the majority on any question, they may enter what is called a "protest," which will be duly recorded in the journals,' in conformity with the following rule, 34. " Any senator eiitoiiiig his protest or dissent Lo any votes of the Senate, with or without his leasous, must enter anil sign the same in the clerk's book, on the next sittin^^ day, lieforo the rising of the Senate." 85. '' Hvory protest is subject to the control of the Senate, and Tan, Com. J. (1889)114. - 131 E. Com. J. 3Vt8; May, -110. ' 83 E. Coin, .1, 292 ; 92 Jl>. •19H ; Can. Com, J. (1889) 114. * Cliureh Rates Abolition bill (Gvd reading:) 1«3 E. Hans. (3) 1322. Some eases are recorded in the journals of the legislative assembly of Canada of reasons being given by the speaker under sm^h circumstances ; 18t)3, August sess., p. 33. •"" Sen. .1, (1875) 149; lb. (1877) 261 ; lb. (1S82) 1^8-9, '• Lords' S. O. 32 ; May, 418. li - I'EnsoxAL isriini'isT in a uui'srioy. 466 miiy lio neither altered nor willidrawn without tho e(»iii«ont of 'ho Scrmte ; nor ciin u KOiiutor, iibHent when the (ineHtion iw put, lio jidniitted to piotest." ' A senator who signs a i)rotest may assent to it as a whole or in part; and in the hittt'r case he will statu his particular reasons in a foot-notu.' Any protests, or reasons, or parts theriiol", if considered by the llousn to he iinl)e- comiiif^ or otherwise irregular, may he ordered to he expunged.' Protests or reasons expunged by order of tho House havt; also heon followed by a second protest against the expunging of th(^ lirst protest or reasons, by which the object of tho Housi! has been dol'eated.' VI- Members' Interest in a ftuestion.— The House of Commons of England in 1858 resolved : "Tiiiit it is contrary to the usage and derogatory to the dii;nity ol'fhiH House tliat any of its members should bring forward, pro- mote <»r advocate in this House any proceeding or measui'O irj wliich lie mr.y have acted oi' been concerned, for or in considera- tion of any ]iecuniary foe or reward." ' The Canadian Commons have among their rules the following old order of the lilnglish Parliament : '' "No memtter is entitled to vote upon any (piestion in which he has a direct pecuniary interest, and the vote of any member so interested will be disallowod." The interest must be of a direct character, as it was well explained, on one occasion, in a decision of Mr. vSpeaker "Wallbridge, in the legislative assembly of Canada. ' The same practice obtains in tlio Lords; 87 E. Hans. (3) 11P.7; -55 Lords' J. 4!)2. i^en. Deb. (1879) 432-;i. '' Sen. J. (1877) L'(il ; Ih. (1879) 188 ; Ih. (1882j 189. ' 40 Lords' J. 49; 43 Ih. 82; May, 419. ' 43 Lords' .T. 82. • Res. of 22nd of June, 1858 ; May, 103. See Mr. Sixiaker Kirkpatriok's decision tliat a bill cannot be promoted in the House by any member wlio has advised thereon in his profe.ssional capacity ; Can. Hans. (1884), 857. « Mr. Sp. Abbot, 20 E. Hans. (1) 1011 ; Can. Com. R. IG. -m f 1. in; !! < i) 4r)() /'/I7.s7n.\.s O.V QCKsTloys. A (livi.sioii haviuii liikcii i>l;ic«» upon a bill rosi>«'oJint? jxt- minicnt hiiijdiim' societies in Upper Cimndn (\vhi( h had het'ji introdueed by Mr. Sheet), Mr. Scatelierd raised tln» jmint of order that, under the rule of the Jlouse. the lor- iu»M' hiid a dire( t i)eeuuiary interest in the l)ill. and ( ould not cons«M]uently vote lor the same. The speaker said — "That the interest which disijualilics must he a direi t pecuniary interest, st'parately l)eloni«inn' to the i>ers()n ^vhos^> vote is (jiieslioned, and not in common ^vith the rest of her Majesty's subjects, and that, in his opinion, as the bill relates to buildinn' societies in general, the niem- ])(M* i'or Welland is not i)recluded I'roi.i votiui^." ' Tiiis decision is strictly in accordance \vith the principle laid down in all the I'Jin-lish authorities,- and is. in lacl, a repetition ol One yiven by Mr. Speaker Ab])ot on a motion for disallowing- the vott>s of the bank directors upon tiie Oold Coin liill. which was neo^atived without a division.'' Consequently the votes of members on questions of pub- lic policy are allowed to pass unchalleni>ed.' Publi(; ]>ills are IVequently passed relative to railways,' building societies, insurance companies," and salaries to ministers,^ in which meml)ers have an indirect interest ; but their ' Can. Spoakons' 1'., Xe. l;i') ; l.t'::. As-s. J. (IS(io)--.S. '■'L'Hntsell, !<>!>, n. •' May. 4'J(i :. I'O K. Hans. (1) 1011. ' L' Hat.soll, Hi!>, ;-. 7() E. Hans. (:>), 1(>. •ODE. Com. .I.41I1. '• 79 E. Coin. .1. 4nri. ' Leji. Ass. .1. (ISr)^-.")) 1147. The votesof ministers on ii liill to ameml an act resiHjiUinjr tlie civil list and salaries was iniestioniMl on tliis ocoa.si'm. It was replii'il that they looked upon the bill as ajjeneral measure, appro- l»riatinsx a salary for tho oilico, and not for t' h(>t')l alwiiys alioWtMl.' When a <1()«1)1 cxisls as to tlio riylit of a iiii'inhcr to vott», hr sliould 1)1' hi'anl in t'xplaiialioii and then withdraw heron* Iho usual iiioiion is made — "Thai the vole oi' he disallowed."" Votes have he«»n allow«*d when meni- hers have slated that they have jiartt'd with their svih- s(Tii)ti(>ns in a f^overnnient loan, or that they had d<*ter- iiiined not to derive any advantage personally I'roin I lie same ;' or that th(>y had taken the n.-cessary len'al steps to retin* IVom a company ahout, to receive u'overnnieiit aid ;' or that their interests are only in eomniou with those of hor Majesty's su])je<;ts in (/anada. Memhers have heoii excused i'ro)n votinu' on a (juostion on the i^round that they had biu-n employed as counsel on hehall' of the person whos(^ condui^t was arraigned helon' parliament.'' A m<>mber has also been excused Irom votini^' on a, que.s- tion becauso he was personally interested in the decision ol an election committee.' While mem])ers may properly vote on any question in which they have no direct ]MM;uniary interest, they will ' Uill to m-ant aid to tlio (Jraml Trunk Kuilway; l.e^i. Ass. J. (ISrxi) ()()2, (i79, 680. ^SO E. Com. .1. 110; <)1 Jh. L'71 ; LTi K. Ilan.s, (1), 1001-lL'. l.f-. Ass .1, (IS,')?),:!]!'. ■52 K. Com. J. (i:;-j. ' Lotr- Ah.s. .1. (18.')7), I!l!!-4. Cases of Mr. Gait amJ Mr. Ilnlton, partners in tlie lirm of C. S. Ci/.ow.ski iarged from any further attendance if it be discovered afttr his appointment that he has a direct pecuniary interest in the bill.' A member interested in a bill may take part in a debate thereon, or propose a motion or an amendment in relation thereto.'' Though the Senate has no rule like that of the Com- mons in relation to this subject, senators observe the same practice. When the bill is of a public nature, a member of the Senate may properly vote if he wishes to do so.' The Lords have never formally adopted a resolution on the subject, because it is presumed that " the personal honour of a peer will prevent him from forwarding his pecuniary interest in parliament ;" ^ but they are ex- ' May, 421-2; SO E. Com. J. 443; 91 lb. 271 ; 13 E. Hans. (N. S.), 796. Sen. Deb. (187(5), 258. - 80 E. Com. J. 110; 101 lb. 873. ' 100 lb. 430. See also 212 E. Hans. (3), 1134-7. * May, 424 ; S. 0. 108-110. ■" 101 E. Com. J. 904 ; 115 lb. 218. ''• 155 E. Han-. (3), 459. ' In 1875 Senator Ryan asked if he eoulJ vote on a public bill respect- injj; marine electric telegraphs, as he was a shareholder in a company afl'ected by that bill. The speaker said that there was no rule to prevent him voting on a public bill in which he had only an indirect personal or pecuniary interest, and he voted accordingly. Sen. J. (1875) 137-8; Hans., 410 (remarks of Sir A. Campbell) ; lb. (1876) 258. " May, 420. RECORDlXa OF .SAMES. 450 ;u! eraptod by standing order from serving on any committee ou a private bill in which they are interested.' It' it should be decided that a member has no right to sit or vote in the House, the votes he may have given during the period of his disqualification will be struck off the journals.- VII. Recording of Names.— The names of members who vote in a division always appear in the journals of both Houses — this practice having been generally followed in all the Canadian assemblies since 1702. The names were not recorded, however.in the legislative council of Canada until 1857, when it was made elective.' The wise practice of enabling the people to know how their representatives vote on public questions was adopted in 1836 in the Eng- lish House of Commons. The Lords 'lave published their division lists regularly since 1857.' ' S. 0. 98. - Case of Mr. Towneend, a bankrupt, 113 E. Coin. J. 22it; 150 K. Hans. (3) 201)9-2104. Of Dr. Orton, Can. Com. J. (1875) 17«; ."iipnt, 188. ■' Leg. Coun. J. (1857) 31-57. * May 'fj Const. Hist., ii. 57. ^I^rtfi i'» mn r'j6. !. I ■Jl Li -bm SI i ;!l CHAPTER XIV. RELATIOXs BETWEEX THE TWO HOUSES. I. ^Messages. — IT. Conferences.— '.II. Reasons of disagreement communi- cateil. — IV. Juint Comniitteei«. — V. Interchantre of documents. — VI. Kelations between the Houses : — Questions cf exi)enditure and taxation. — Bills rejected 1)y tlie Senate. — "Tack.*" to Bills of Supply.— Initiation of measures in the upper chamber. I. Messages.- It ■svas formerly the practice to communi- cate all messages to the iipper chamber through a mem- ber of the Commous, whilst the legislative council trans- mitted the same through a master in chancery.' It was soon, however, found more convenient to send all bills to the upper house by a clerk at the table." Addresses con- tinued to be carried to the legislative council and to the Senate by one or more members of the House up to a very recent period ; ' but it has been the practice since 1870 to transmit all messages through the clerks of the two Houses.' The following rules '' are common to both chambers : " One of the clerks of either Hoube may be the bearev of me.-?- sages from one House to the other." ' Low. Can. .T. (1702) 42, 174 ; I,eg. Ass. (1841) 108, R. 24; Tb. (18.52..S) 995; Leg. Coun. J. (1S41) 48,59. The clerk and clerks-assistant of the Senate are appointed masters in chancery ; Sen. J. (18(.)7-8) 61 ; lb. (lS84i, .3. Also, the law clerk ; ///. (1883), 15. In ISoo the otiice of master in ordinary was abolished in the Lords; 3Iay, 255 n., 489; 15 and I'i Vict- c. 80. - Log. Ass. .1. (1857), 411, 412 ; //.. (18G0), 40.S, 430, etc. ■' Can. Com. ,L (1S07-8), 109, 225. * /.'•. (1871), 294, 301. 5 Sen. R. 100, 101 ; Com. 97. MESSAGES. 461 " ^Icssiiifcs !?o sent may ho recoivcd at tlio bar by one of the flei'ks of the lIou>o to which ihcy aro ^ont, at any time whilf*t the House is sitting, or in comraittei', witiiout interrupting tlie !)usiness then in-oceeding." lu addition to the foregoing rules the Coimnous have the following : i)5. '' A master in chancery atteu'ling the Senate shall be received as their messenger at the eleiU's table, where he shall deliver the message wherewith he is ehargod. 90. "Messages from this Ilou^e to the Senate may be sent by a member of this House, to be appointed by the Spealvcr.i 1)8. " Messages from the Senate shall be receiveil by the House as soon as announced by the serjeant-at-arms." In this way all bills, resolutions, and addresses are sent and received — whether the mace is on or under the table — without disturbing the business of either House. The clerk at the table is informed of the presence of the mes- senger from the other House, and receives the message at the bar. If any business is proceeding at the time, the speaker will not interrupt its progress, but will announce the message (which is handed him by the clerk) as soon as it is concluded, and there is no motion before the House.- A message from the governor-general or the deputy-gov- ernor will, however, interrupt any proceeding, which will again be +ake?i up at the point where it was broken off,' — except, of course, in the case of a prorogation, when the message will interrupt all proceedings for that ses- sion.* Whenever fither House desires the attendance of a senator or member before a select committee, a message must be sent to that effect.' Leave must be given by the ' This ie the old rule, but it is practically obsolete. - 131 E. Com. J. 290; Can. Com. J. (1877), 244. ' 129 E. Com. J. 66; Can. Com. J., 1891, July 31. * 131 E. Com. J. 424. Can. Pari. Deb. (1873), 210-11 ; supra, 421. * 131 E. Com. J. 87, 100, 168 ; Sen. r... 102; Can. Com. J. (1877), 142, 178, 234 ; Ih. (1889) 152. See chapter xvi., s. 9, on select committees. I ' I 462 RELATIONS BETWEEN THE TWO HOUSES. House to which the member belongs, and it is optional for him to attend,' In case the attendance of one of the officers or servants of either House is required, the same course will be pursued ; but it is not optional for them to refuse to attend.- In 1870 a message was sent to the Senate requesting' that they would give leave to their clerk to attend the committee of public accounts, and lay before that committee an account of the sums paid to each member of the Senate as indemnity and mileage.' The Senate did not comply with the request, but simply com- municated to the Commons a statement on the subject.' In a subsequent session the Senate agreed to a resolution instructing the clerk to lay before that House at the com- mencement of every session, a statement of indemnity and mileage, '.ind to deliver to the chairman of the committee of public accounts a copy of such statement, whenever an application may be made for the same. ' In answer to a message from the House in 1880, the Senate gave leave to their i lerk to furnish details of certain expenditures of their own for the use of the same committee, adding at the same time an expression of opinion that " the critical examination of the details of such disbursements was, in the interest of the harmonious relations of the two Houses, best left to the House by whose order payment is made.' ' In the session of 1890, the House of Commons requested the attendance of one of the officers of the Senate before the committee of public accounts to give information respecting the distribution of stationery and the expendi- ture for contingencies in that House. The Senate replied ' 131 E. Com. J. 93, 100, 191 ; Sen R. 102 ; Sen. J. (1-577), 129, 203 ; Can. Com. J. (1S77), 150, 1S2, 237 ; Sen. J. (18S2), 159. - 113 E. Com. J. 255; Sen. R. 102 (see chapter xvi. on select commit- tees sec. 9) ; Can. Com. J. (1870) 210 ; lb. (1890) 104. ■' Can. Com. J. (1S70;, 210; Sen. J. (1870), 130. * Can. Com. J. (1 570), 2G5; Sen. J. (1870), 149; Pari. Deb. 1184, 1214. •'Sen. J. (1872). ■6; Deb. 92. « Can. Com. J. USSO). 130, 158-9, 242; Sen. J. 112. CONFERENCES. 463 that the matter was under the cousideratiou of their owu coutiugeut committee and that as soon as a report was submitted by that committee it would be transmitted to the Commons. Su])sequently the report was laid before the House of Commons.' II. Conferences.— In former times, before the mode of com- munication between the two Houses was simplified as it it is at present,it was usual to hold a conference in all cases of diiftculty and disagreement between the council and assembly.' Though conferences have not been held of recent years, still the Senate and Commons have con- tinued their rules on the subject, for cases might arise when it would be found convenient to resort to this ancient method of maintaining a good understanding be- tween these two branches of the legislature.' Under these circumstances, it is necessary to refer to the princi- pal rules which regulate a conference. Conferences are conducted by members appointed by both Houses for that purpose, and are held in a room separate from either of the two Houses.' It is the pri- vilege of the Senate to name both the time and place of meeting, whether they or the Commons first request such conference," It is an old rule that " the number of the Commons named for a conference are always double those of the Lords;'"' but it is not the modem practice to 1 Can. Com. J. (1890) 10 , 136, 502 ; Sen. Deb. 130, 149. The report never came from the Senaie until the last day of the session, when the committee on pubhc acc^nints had finally reported. - In the old days of conflict between the two Houses in Lower Canada, it was often the practice to nominate committees to keej) up a good cor- respondence between the two Houses, Ass. Jour. (1819), 9, 10. ■' See following instances of conferences in Canadian practice since 1840 : Leg. Ass. J. vol. 19, pp. 105, 114, 117, 13S, 376 ; lb. vol. 20, p. 169; lb. vol. 22, pp. 285, 286, 287. The last occasion of a conference in Canada was in 1863. * The " painted chamber " in the English parliament. Lords' S. 0- 89. 5 As in the Lords, May, 493 ; 1 E. Com. J. 154 ; 9 lb. 848. « 1 E. Com. J. 154 ; Can. Leg. Ass. J. (1861), 114, 117. « V\- ! » 1? 31 'is: W 464 RELATIONS BETWEEN THE TWO HOUSES. specify the number of managers for either House. Neither is it "customary uor cousistent with the prin- ciples of a conference to appoint any members as man- agers unless their opinions coincide with the objects for which the conference is held." ' It is also an ancient rule that the conference can be asked only by that House which is at the time in the possession of a bill " or other matter.' Rule 99 of the Canadian House also provides : ■' When the Hou^o shall request u cont'erenee with the Senate, the reasons to be given by this House at the same shall be pre- pared and agreed to by the House, before a message shall be sent therewith.'" It is not necessary, however, in requesting a conference to state at length the purpose for which it is to be held; it is sufficient to specify it in general terms, so as to show the necessity for having it held."' AVhen the time has come for holding the conference, the clerk will call over the names of the managers, who will proceed forthwith to the place of meeting.'^ The duty of the managers on the part of the House proposing the conference is confined to the delivery to the managers of the other of the com- munication, whatever it may be, and the duty of the managers of the other House is merely to receive such communication. They are not at liberty to speak, either on the one side to enforce, or, on the other, to make objec- tions to the communication. One of the managers for the House proposing the conference (the member first named, unless otherwise agreed upon) " first states the 1 May, 493 ; 1 E. Com. J. 350 ; ] 22 U>. 438. The number on the part of the Lord6 was generally eight; of the Commons, sixteen. The numbers were the same in the Canadian houses. ■' 1 E. Com. J. 114 ; 13th xMarch, 1575. •• 2 lb. 581 ; 9 lb. 555. ' Leg. Ass. J. (1860), 321 ; 122 E. Com. J. 438, 440. . ^ 4 Hatsell, 50, 51 ; 88 E. Com. J. 488 ; 89 Jb. 232 ; Leg. Ass. J (1861), 105. « 113 E. Com. J. 182 ; 150 E. Hans. (3), 1859. ' Pari. Reg. (53), 108. CONFERENCE. 465 occasiou of it in his own words,' and then roads the com- munication, and delivers it to one of the manaj^ors for the other House, by whom it is received. When the con- ftrence is over the managers return to the respective Houses and report. Such reports should always be made in accordance with correct parliamentary practice.- The Senate has the following rule : 103. "None are to bpeak at a conference with the House of Commons but those that are of the committee; and when any- thing from such conference is reported, the senators of the com- mittee are to stand up." The report of the managers for the House at whose request the conference has taken place is in substance that they have met the managers for the other House, and have delivered to them the communication with which they were charged.' The ^'^port of the managers for the other House is substantially that they have met the man- agers for the former, and that the purpose of the confer- ence was to make a certain communication which they have received, and which they then proceed to lay bofore the House. The report of the managers is then to be considered and disposed of by the House to which it is sent, which may take place immediately or be postponed to a future time.^ The result will be communicated to the other House by a message.^ Sometimes a second con- ference will be necessary, when the first has not led to an arrangement between the Houses.*^ Or a free confer- ence may be held when two conferences have been fruit- ' Speaker Onslow, 4 Hatsell, 28 n. ■'May, 494. 113 E. Com. .T. 182; Can. Leg. Ass. J. (1863, Aug. sess.), 287. Sometimes the managers appear from the Canadian journals to have made no report. '' 113 E. Com. J. 182. * Leg. Coun. J. (1861), 92, 93, 97, 98, 104 ; 90 Lords' J. 171. ^ 113 E. Com. J. 308. " 91 E. Com. J. 681, On one occasion the Enghsli Houses held no lees than four ordinary conferences ; 92 lb. 466, 512, 589, 646. 30 i!l ,, . i| ! i >l ; i f li 466 RKLATIOm BETWEEN THE TWO HOl'SES. less. Hero the managers are at liberty to urge argu- ments, to otter and combat objections, and, in short, to attempt by personal persuasion and argument to etlect an agreement between the two Houses.' When a free con- ference is held business is suspended in both Houses. The Commons stand the whole time, uncovered, within the bar at the table. The Lords walk uncovered to their seats, where they remain sitting and covered during the w^hole conference. - III. Reasons of Disagreement communl''a,ced.— It is now the practice of the Senate and House of Commons to follow the resolution of the English Houses adopted in 1851 with respect to amendments made to bills : " Whore one lEouso disagrees to any anuMidineiits made l>y the other, or iiisist.s ui)()ri any uniendnients to which tlie other Honst' lias disagreed, it will I'ecoivo reiisons for their disagrooing or insisting, as the case may bo, by mcssatje withcut a coufoi-enci.', utdess at an^'timo the othei' Ilouse should desire to communicate the same at a conference." ' These reasons are moved immediately after the second reading of the amendment. ' IV. Joint Committees.— The practice of appointing joint committees of the Senate and Commons on various sub- jects on which united action is desirable has been found to work most advantageously.' Such committees are now • 91 E. Com. J. 771, 783, 787. - For full details of proceedings of conferences, see 4 Hatsell, 26 ; May, chap. xvi. ; Cashing, s. 820 et scq. ■' May, 492; 10(5 E. Com. .T. 210, 217, 223. ' Can. Com. J. (1877) 262 ; see chapter xviii. on public bills, s. 17. The English procedure is somewhat different from that of the Canadian house; a committee.is appointed to draw up the reasons. 131 E. Com. J. 310. • 3 Hatsell, 38 ; 131 E. Com. J. 282, 289, 292, 294 ; 136 lb. 281, 315, 318, 320. Can. Com. J. (1870), 56, 57, 60, 68 ; lb. (1880), 147, 152, 177. In 1885 a joint committee was appointed to examine and report upon the con- solidation of the statutes of Canada ; lb. (1885), 223, 250. ilf'1 DISAGREEMENT— JOINT COMMITTEES. 46Y m. appoint(^d overy session with renpeo^ to the library and printing of parliament.' Sometimes it may be found convenient to put commit- tees of both Houses in (communication with each other. This proceeding is especially useful in oases attecting the business of the Houses; for instance, when it is neces- sary to revise such rules on private bills as are common to both. But no committee can regularly of its own mo- tion confer formally with a committee of the other, but must obtain all the necessary authority from the House itself. The proceedings in each House will be <'ommuni- oated to the other by mcssage.- No rule exists as to the exact number from each House, but it is generally nearly equal.' In the English Com- mons the two Houses send an equal number.' The House of Coinmons will not, however, consent to unite their committee with that of the Senate when the matter is one atl'ecting the revenue or public expendi- tures.' In case it is necessary to omend the report of a Joint committee, the proper and convenient course is to rel'er the matter back to the committee." V. Interchange of Documents.— In cas(^ the Senate or Com- mons require a copy of a report of a select committee or other official document that may be in possession of one 1 !!; If ii; !»' ' .See chapter xvi. on select committees, s. 2. ■ GO E. Com. J. 287, 291 ; IIG lb. 77 ; U\\ Lords' J. 13; May, 498. '■ Printing of P., Can. Com. J. (1889), :54, 77, 107. ' May, 497. ' Can. Com. J. (1874), (53, HI ; Pari. Deb. April 24tli. In this case the question to be considered was tlie passage of a prohibitory liquor law • committees were formed in each House, but the Commons, after discus- sion, thought it unadvisable to unite their committee with that of the ^Senate, as the result might affect the revenue, over which they claim exclusive control. This illustrates the jealousy with which the C'ommons regard even a possible infringement of their privileges. '' Sen. Hans. (1880), 480 ; Sen. J. 238, 255 ; Com. J, 349. See supra, 348, 349. -^m : 468 RELATIONS BETWEEN THE TWO JfOVSES. House or the othor, a message will be seut to that effect.' "When the messag'e has been reported to the House, it may- be immediately taken into consideration, and a copy of the document ordered to be communicated to the other House - It is also usual to ask that it be returned to the House to whom it belongs ; and this will be done by ra'^ssage in due time.* VI. Relations between the Houses— The respective rights and privileges of the two Houses of Parliament are now so well understood that the work of legislation is never S'riously impeded by embarrassing conflicts with regard to their respective powers. In the old times, before the concession of responsible government, the legislative council and legislative assembly, especially in Lower Canada, were frequently at a deadlock. The majority controlling the upper chamber repeatedly rejected the fiscal and financial measures passed by the popular branch, and the machinery of legislation for many years was practically clogged. But since 1841 the two cham- bers have, on rare occasions only, failevi to work har- moniously. Questions of Expenditure and Taxation. — In a few in- stances only has the upper chamber attempted to interfere with the fiscal and financial measures which necessarily emanate from the popular branch. The following are the only cases on record since 1841 : In 1841 an act providing for the payment of salaries of officers of the legislature, and for the indemnitication of members, was amended in the legislative council by striking out the clause pay- ing the members out of the general revenues. The action of the council in amending a money bill was resented by the assembly; 1 131 E. Com. J. 232, 339, 389. Can. Com. J. (187G), 132; lb. (1877), 274 ; lb. (1878), 126 ; Sen. J. (1878), 133, 139. ■' 131 E. Com. J. 339. Also lb. 298; Sen. J. (1880-1), 97, 105 ; Com. J. 124. ■' Can. Com. J. (1878), 147, 294 ; Sen. J. 140. KXPENDITVRK ASD TAXATIOX. 4t)0 tlio umoiitled document was seized by a memlicM- and kicked cut of tlio Hotirso. The snnio bill, wi'.h :i receded tVoni their former position and agree ,1 ,'.i u ,, i ■I ,'i w \. ill: I AVI i;i:i.ATinxs iu:twki:n thk two rmcsEs. closoly within their coiiHtitutioiial fiuirtioiis, wo may ri'l'er to the f'lut that that House has decliiunl to appoint a committee to examine and report on the public accounts, on the •riound that while the Senate could properly appoint a committee lor a speciHc purpose — that is, to inc^uire into particular items of expenditure — they (!0uld not nominate' a committee like that of the Commons to deal with the general accounts and expenditures of the dominion — a subject within the jurisdiction of the lower House, where all expenditures are initiated.' It is lej^i- timate, however, for the Senate to institute inquiries, by their own committees, into (M'rtain matters or questions which involve the expenditure of public money," But the committee should not report recommending' the pay- ment of a specific sum of money, but should confine themselves to a general expression of opinion on the subject referred to them.' Bills rejected by //le Senate. — The number of bills of pub- lic importance rejected by the Senate since confederation is very small compared with the large number coming under their review every session. In the latter part of the session of 18<)8 they refused to consider certain mea- sures assimilating and revising the laws relating to crim- inal justice, on the ground that it was impossible at that late period of the session to give such measures that care- ful deliberation and examination which their importance demanded.' In 1874 the Senate threw out a bill respecting ' Sen. Deb. (1870), SKWUS. ^Todd, i. 697; iL",) E. Hans.'(3), 1097; l(i4 Ih. ?.94, 401 ; Sen. J. (1878), 59, 02. ■' The Gatineau booms and i)iers committee in 1875 recommended a payment of §1,000 to one Palen ; tlie report was amen. a bill respecting two additional judges in British Coluni])ia. In all these cases the Senate dillered from tiie majority in the Commons on grounds of public policy or publi(^ necessity. In the session of 1878 the Commons sent ui) a l)ill to amend the Canadian Pacific Railway Act of 1874. The Senate amended the bill so as to require the assent of the two Houses to any contract or agreement made by the government for the lease of the Pembina branch. When the amendments were considered in the Commons, the premier (Mr. Mackenzie) asked the House to disagree with them on the ground that " it is contrary to the uni- form practice of parliament that contracts into which the executive is authorized to enter should be made subject to the approval of the upper chamber, etc. " The Senate submitted in their answer several precedents justifying, in their opinion, their action, and at the same time urged that " without the amendment the bill would provide for the disposal of public property for a term of years v^'^ith- out obtaining the sanction of both Houses to the terms of the transfer." It was also urged that the practice referred to in the Commons message " never extended beyond contracts for the completion of public works, for which money voted by the Commons is in the course of being expended, other contracts having been constantly submitted for the approval of both Houses." The result was that the government refused to proceed with the measure when they found that the Senate would not recede from the position they bad taken on the grounds of public policy and constitutional right.' In 1879. an- 'Cun. Com. J. (187S), 203, 284; Sen. J., 275-(J ; Com. Hans. 2454- i I 11 ^ ii 474 liELATlOya BETWEEN THE TWO HOUSES. other ministry being in power, a somewhat similar bill was passed through parliament with a clause providing that *' no such contract for leasing the said branch railway shall bt binding until it shall have been laid before both Houses of rarliamt'Ut for one month without being dis- approved, unless sooner approved by a resolution of each House." ' In 1889, the Senate postponed for six months the second reading of a government bill to provide for the building aud working of a railway from Harvey to Salisbury or Mouctou, in New Brunswick." Tacks to Bills of Suppl//. — In the old days of couilict be- tween the Lords and Commons, and between the legis- lative louncils and assemblies of Canada, it was not an uncommon practice to tack on to bills of supply and other bills, matters entirely foreign to their object and scope. Such a system was entirely at A'ariance with correct par- liamentary usage. The journals of the Lords abound in examples of the condemnation of so dangerous a system ; and from the first establis^hment of colonial assemblies, it appears to have bfen a standing instruction to the gov- ernors to enforce the observance of the strict usage by refusing their assent to any bill in which it might be infringed.' :.'45l*, ^ooo-.ooS. The minority in the ('niiinioiis asserted the right of the Senate to make the aniemlmer.t in (juestion. See remarks of Ur. Tujiper, Sir J. A. Macdoiiakl and otiiers. ' 42 Vict., r. Jo, s. 1. Tiiis provision is in aooordance with EngHsh jirartic-e; 25 and 20 Vict., i'. 78, s. 2, Imp. Stat.; Todd, i. 493. One example is given in the same work of a contract heini: hiid before both Houses of the I.nperial Parhament; 28 and 20 Vict., c. jl (Dockyards at rortemonth and C'iiatham). ■■' Sen. Deb. (1889), 090-715. Tliis bill had passed the Commons. ' See remarks of Vise (loderich, April 10th, 1832, giving reasons for disallo'ving a bill jiassed by tlie Lower Ctuiada legislature respecting the independence of the judges, whicli also contained a clause asserting the right of the lei:islature to appropriate, according to its discretion, the whole of his Majesty's casual and territorial revenues. Cliristie iii.,455; L. C. Jour. 2t)th Nov., 1832. See also on tliis point 3 Hatsell, 218-225 ; Iti Lords' J. 369 ; 17 li>. 185 ; 13 E. Com. J 320 ; 159 E. Hans. (;5), 1550. IMTIATION OF MEASURES. No modern exampleiL> can be found in the English or Canadian journals of a practice now admitted to be un- constitutional in principle and mischievous in its results. The Senate still retain among their standing orders the following rule, which is almost identical with that of the Lords : ' " 48. To annex any clause or clauses to a bill of i\'u\ or supply, the matter of which is foreign to and ditt'orent fioin the matter of the hill, is unparliamentary." Initiation of Measures in (lie Upper CJaunber. — From the necessity of introducing all financial and fiscal measures in the lower House, directly responsible to the people, the great bulk of legislation is first considered and passed in the Commons, and the Senate frequently for weeks after the opening of Parliament have had very fVw bills of an important character before them. The consequence is that very many measures have been in past years brought from the Commons at a very late period, when it was clearly impossible to give them that full and patient consideration to which legislation should be submitted in both branches. As we have already seen, the Senate refused to consider the criminal laws in the first session of the dominion parliament on account of the late period at \vhich they were brought up. The question of ini- tiating more important legislation in the upper chamber has been constantly discussed in that body,' and c^ommit- tees have even been formed to consider the subject and provide a means of mooting the ditticulty.' An effort ' 17 Lords' .T. 185. See chapter xvii. oa Suj^ply, s. 11, Appropriation Bill. •' Supra., 472. •' Sen. Deb. (1872), 53; 2I>. (1873), 74 ; Ih. (L^77), 479. ^Sen. J. (1867-8), 1114, 200; //;. (1874), 10 », 118; Deb. (1874), 19(5. Tl>e committee of 1867-8, of whii'h Hon., now Sir, A. Campbell was cli:virm.in, called on the government to originate in the Senate as many measures " as the law and usage of parliament will permit,'" in order that that House "shall adequately fill its place in the constitution." .Tonr 261. The necessity of initiating more private bill legislation in the Senate has also \^^W 47»5 ri:lati(>\s liirrwEEy the two irorsEs. has, however, ])oeii made of Into years to iiicn'ase the amount of lei»ishitiou initiated in the {Senate. This was notably the ease in the sessions of 1880-81 and 1882 — an unusually lari>'e nunil)er of important ijovernment mea- sures having- been introdu<'ed in the upper House in the i'ourse of tin* latter session.' Tln^ same remarks apply to the session of 1883, when measures were initiated in tlie Senate respeelin<>' the «'ivil service, superannuation of olHeials, judiciary, naturalization, booms and other public works, and penitentiaries." In 1889 and 1890 there was also an improvement in this particular. In 181)0 there were seventeen government and public bills brought down o the Commons, against nine in 1880, live in 1887, and tiiree in 1888. Of this number thirteen were gov- ernment bills. been tiu> siibjei't of tlisi-iisaion in tliat Ilonso; iind it is cortainly very desirable that liie practice fit' tlie Eiiirlisli Pailiainont slumld l)o ailoptoil in tliLs respect. See on tlii.s point cluq). xx., h. I. ' StM). Hans. (ISSO-Sl). 702-:^: Ih. (ISSl'). Ui, '_'!) (Sir A. Campbell). '-' It) Vic!.. chapter.s '.', S. 10, ol. '.u, ■iW. ! I : CHAPTER XV. COMMITTKES OF THE WIIOLK. I. Tlireo cliisHf'8 of ('(unmitleos in use in I'.irliainciit : ( 'uininitteeH (jf tiic wlioUr, iseleot com 111 it teea; joint coininitfecs. — II. Rules of the Senato respecitintr (!oniinitf Can. Han.s. (1883), 37 (Sir John Macdonald). PROCEDURE IN THE SENATE. 479 Committeen of the whole House, being composed of all the members, possess none of the advantages which result from the employment of a small number of persons, selected with express reference to the particular purpose in view ; and at the present day the principal advantage which appears to result from *^he consideration of a sub- ject involving many details in a committee of the whole House, rather than in the House itself, consists in the liberty which every member enjoys in su<'h committee of speaking more than once to the same question. The ap- pointment of select and joint committees forms the sub- ject of a subsequent chapter, and consequently the fol- lowing pages will be exclusively devoted to a consideration of the powers and duties of committees of the whole. It will also be necessary to refer to the same subject when we come to review the proceedings in committees of the whole on bills and supply. II Senate Rules.— "When the Senate has been " put into committee," it is recorded in the journals as " adjourned during pleasure," and when the committee rises, it is stated that " the House was resumed." ' The procedure with respect to committees of the whole is substantially the same in the two Houses. The Senate has the follow- ing special rules on the subject : "87. When tlie Senate is put into committee, ever}' senator [a to sit in his place. ''80. The rules of the Senate are observed in a committee of the whole, except the rules limiting the time of the speaking; and uo motion for the previous question or for an adjournment can be received ; but a senator may, at any time, move that the chairman leave the chair, or report progress, or ask leave to sit again. " 88. No arguments areadmittetl against the principle of a bill in a committee of the whole. ' Sen. J. (1883), 86 ; lb. (1890), 198, etc. The same practice prevails in the Lords, though it is not now usual to make the entry " adjourned dur- ing pleasure." 119 Lords' J. 293, etc. ■ii :il \yB ll ;l ■:i: 11 ill ll '! 480 COMMITTEES OF THE WHOLE. illll I 1 h ] ; "90. When the Senate is put into a comraitteo of the whole, tjic Hitting is not resumed without the ununimoiis oonsent of the conunittee unless upon a question put by the senator v/ho shall be in the chair of such committee, "01. The proceedings of the committee are entered in the journals of the Senate." There is no chairman of committees in the Senate rcg-nlarly appointed at the commencement of every ses- sion, as in the House of Lords ; ' but the speaker will call a member to the chair. In committee a senator may address himself to the rest of the senators.- III. Procedure in the Commons.— When the House of Com- mons proposes to go into a committee of the whole on a bill or other question, it must first agree to a resolution duly moved and seconded — " That this House will im- mediately (or on a future day name.d in the motion) resolve itself into a committee of the \vhole.'' ' By refer- ence to the chapters on public bills and committee of supply, it will be seen that all matters affecting trade, taxation or the public revenue must be first considered in committee of the whole, before any resolutions or bills can be passed by the House of Commons. Addresses to the queen or her representative in Canada are also fre- quently founded on resolutions considered first in com- mittee of the whole/ When the House agrees to resolve itself immediately into a committee of the whole, the speaker will call a member to the chair in accordance with rule 75 : " In forming a committee of the whole House, the speaker, before leaving the chair, shall appoint a chairman to preside, who shall maintain order in the committee; the rules of the House shall be observed in committee of the whole House, so far as mav ' Lords' S. 0. 2, 3«, 39; 109 Lords' Jour. 11 ; 237 E. Hans. (3), 58. . '^ R. 20 ; supra, 405 n. •' Can. Com. J. (1875), 188; lb. (1877), 117; lb. (1878), 147. * lb. (1875), 351, 355 ; lb. (1878), 255 ; supra, 351. PROCEDUEE ly THE COMMONS. 481 be appliouble, except the rule limiting the number of times of speaking." In the session of I880 the House of Commons adopted the English practice of electing a permanent chairman of committees of the whole, who acts also as deputy speaker.^ At the same time the House passed the following stand- ing orders : 1. That this House do eloct a chairman of committees of this House at the commencement of every pai-lituiieiit, as soon as un address has been agreed to in answer of his Excellency's speecii ; and that tlie member so elected do, if in his place in Ihe House, take the chair of all committees of the whole, including the com- mittees of supply and ways and means, in accordance -with the rules and usages which j-egulate the duties of a similar otticer, generally designated the chairman of the committee of ways and means, in the House of Commons of England. 2. That the member elected to serve as deputy speaker and chairman of committees shall be required to possess the full and practical knowledge of the language which is not that of the speaker for the time being. ?j. That the member so elected chairman of committees do con- tinue to act in that capacity until the end of the parliament for which he is elected, and in the case of a vacancy by death, re- signation or otherwise, the House shall proceed forthwith to elect a successor. When the House has ordered the committee for a future day, the clerk will read the order when it has been reached, and the speaker will then put the formal question — " The motion is, that I do now leave the chair." If the House agree to this motion, Mr, Speaker will at once call a mem- ber to the chair ; but any amendment muy be made to this question ; and if it be carried in the affirmative it ' Jour, and Hans. 10th Feb-, 1885. Mr. Daly was the first chairman appointed under this rule ; see supra, 210. No notice is absolutely required of the election of a chairman, as it proceeds, like the formation of com- mittees of supply and ways and means, by virtue of a standing order. None was given in 1887, but when it can bedone, it is the most con- venient practice. 31 11 '■ I m\ i: M i 482 COMMITTEES OF THE WHOLE. will supersede the question for the time being, and the House will not go into committee. But when it is in- tended to move only an instruction, and not to prevent the House going into committee on a question, the in- struction should be moved as soon as the order has bee)i read at the table.' When the speaker leaves 9 E. Hans. (3), 033. ■ Can. Com. J. (1877), 76. n32E. Com J. 395. " Evidence of Mr. Raikes, C. on P. B. 1878, p. 89. p I f .f) ^ ( Ifl I i'il: 486 COMMITTEES OF THE WHOLE. f n li i 3: 3 ai report being made to the House, the bill or question dis- ajipears from the order paper.' Two motions to report progress cannot immediately follow each other on the same question ; but some intermediate proceeding must be had." Consequently if a motion to report progress be negatived, a member may move that " the chairman do leave the chair." ' If the latter motion is carried in the affirmative, then the business of the committee is superseded, and the chairman can make no report to the House. In this case, however, the original order of reference still remains, though the superseded question may not appear on the order paper ; and it is competent for the House to resolve itself again, whenever it may think proper, into com- mittee on the same subject.' By reference to the Senate rules "' it will be seen that the motion for the previous question is expressly forbidden. No such rule appears among the orders of the Canadian Commons ; but the practice is the same as that of the English House, which does not admit of the motion. " The principle of this rule," says Sir Erskine May on this point, " is not perhaps very clear, but such a question is less applicable to the proceedings of a committee. A sub- ject is forced upon the attention of the House, at the will of an individual member ; but in committee the subject has already been appointed for consideration by the House, and no question can be proposed unless it be within the order of reference. Motions, however, having the same practical effect as the previous question, have sometimes been allowed in committees on bills ; and a motion that the chairman do now leave the chair, offered before any resolution has been agreed upon, and with a Auew to 1 117 E. Com. J. 177 ; Can. Com. J. (1869), 10(5, 288, 303 ; Ih. (1874), 326. ■^ May, 440. The same principle applies to these motions that applies to those for the adjournment of the House and debate, mpra, 395. ■* 132 E. Com. J. 394-6 ; 239 E. Hans. (3), 1802, 1811-15. * See chapter xviii. on public bills, s. 18. '•' Svpra, 479. ■ ,r MOTION TO SUPERSEDE A QVESTIOy. 487 anticipate and avert such resolution, has precisely the earn*' elfect as the previous question." ' If it be s'own by a division or otherwise that there is not a quorum present in the committee, the chairman will count the members and leave the chair, when the speaker will again count the House. If there is not a quorum present, he will adjourn the House ; but if there are twenty members in their places, the committee will be resumed.- If the House is adjourned for want of a quorum the committee may again be revived.' In the same way, if a question is superseded by th(^ motion for the chair- man to leave the chair, it may be subsequently revived, for the committee has no power to extinguish a question ; that power the House retains to itself.' During the sitting of the committee, the speaker generally remains in the House, or within immediate call, so that he may be able to resume the chair the moment it is necessary. In case the chairman of committees has to take the chair, in the absence of the speaker, he may call upon any member on the government side to make the report.' A message from the governor-general, sum- moning the House to attend him in the Senate chamber, will require the speaker to resume the chair immedi- ately. But messages brought by a clerk of the Senate will • May, 433. Eaiication, 111 E. Com. .1. 134 ; 141 E. Hans. (3), 780, 79(1.80. ■' 100 E. Com. .T. 701 ; 121 [h. 272; 137 Ih. 197; Leg. Ass. (1852-3), 1038, 1116. ' 110 E. Com. J. 449; 137 //-. 197. ♦ 17tj E. Hans. (3),99; 115 E. Com. .T. 402, 427. Evidence of lAIr. Raikes, Com. on P. B., 1878, p. 89. Also chapter xviii. on public bills, s. 18. ' Mr. Palgave, clerk of the English House of Commons in a letter to the author, states in these words the English practice: " When during the speaker's absence, the chairman of ways and means leaves the chair of the commlttee,to take the chair — a committee fitting being over — he asks a member at hand, usually off the government bench, to make the report from the committee, as any member of a committee can make a com- mittee report to the House, and so the absurdity of the chairman's report from himself to himself is avoided." ■i :|r ( I r 'i: 488 COMMITTEES OF THE WHOLE. 1 \ !, • ! not iiitorrupt the proceediugH of a committee. Su< h ir.es- sai^es are only reported to the House by the speakiT as soon as the committee has risen and reported, and bel'ore another question has been taken up by the House. ' When six o'clock comes the speaker will resume the chair imminliately, without waiting lor any report from the chairman, and will say — " It being six o'clock, I now leave the chair." In case, however, the committee cannot sit after recess, the chairman must make the usual formal motion lor len'e to sit again. In case, however, the com- mittee can continue, the chairman will resume the chair after half-past seven o'clock, when the speaker has taken his seat and called on him to discharge that du*^y.- If it be one of those days when an hour is devoti d to the con- sideration of private bills, he will only resume when they have been duly disposed of. ' IV. Report from Committees of the Whole.— By rule 47 of the House of Commons all amendments made to bills in com- mittee of the whole " shall be reported to the House, whi»^h shall receive the same forthwith." ' llesolutions provid- ing for a grunt of public money, or for the imposition of a public tax, can only be regularly received on a future day.' Resolutions relating to trade or other matters may be received immediately, and bills introduced thereupon." All resolutions, when reported, are read twice and agreed to by the House. The first reading is a purely formal pro- ' Can. Com. J. (1S77), 282. Here tlie uiessajze was received whilst tie oomiiiittee of supply was pittiny^. - Can Com. J. (1870), 204-5. ' Ih. (1878), 85. Here no private bilLs were on tlie pajwr, but a message from the Senate with a |)rivate bill was taken up, and projiress made therewith. IMessages with bills from the Senate are sometimes taken up by yreneral consent at this stajre ; Ih. (1SS5), 2;>5. ' Chapter xviii. on public bills, s. 11. •'' Chapter XV. on 8Ui)ply, s. 9 ; May, 442. "Can. Com. J. (187:5), 1*27, 141), 1,35, 157; Ih. (1878), 108, IIG; 120 E. Com. J. 31; 137 lb. 48 (Hanking Laws); May, 442. XEIV RULES OF THE ENGLISH CO}fMOX.s. 480 ( oi'diug', but tlu' question for reading- the resolutions ;i second time is put by the speaker, and may be the sub- ject ©.'."debate and amendment.' Resolutions may be with- drawn, postponed, referred back for amendment, or oth ; ^^Kw' "f K :l ■ Bi '■'' K .' '< - f ( ^H W 'L ' ']■ ' ■ri; W^M bI' i ' ' \[\\ HIP If!' ^^H^' > . 1 ■- d ^ ':^| : 1 1 1 . ■ '' M ' . V- ; ' ; Jfijjtfe 1 i^K i ■ ; ^^^^^K ^^^B j 1 S" ) l^^^E '! '1 ■. 1 I ''"^lll ' • i ■■ 'J H t B H ^:,! |ffl 1 '!: ^Ji' 1 ^m 1,|, 1 {[ ^B Ha M^^ i 1: . ! 1 ! i i 1 •1 ft M »' 492 COMMITTEES. shippiug and mauufactuies ; iu fact, establishing a class of committees which have been practically in operation for years in the legislatures of Canada.' In the course of every session, a number of standing or sessional committees are appointed in each house of the parliament of the dominion to inquire into and report on those matters referred to them for consideration. By standing committees are meant those committees which are appointed beforehand for the consideration of all subjects of a particular class arising in the course of a session. In the Senate these committees are also called "sessional.'' After the speech from the throne has been considered and answered in the upper House, it is the practice to appoint sessional committees on the following subjects : on banking and commerce ; on railways and telegraphs and harbours ;" on the contingent accounts of the Senate ; on standing orders and private bills.' Committees are also appointed to act with committees of the Commons on the library and printing of Parliament. As the Senate has, for years past, had its debates reported officially, it is usual at the beginning of a session to appoint a com- mittee on reporting.' Notice is always given in the minutes of the members of the different sessional com- mittees.^ The motion for the appointment of a sessional committee must be put and concurred in by the House." ' See remarks of Sir .lohn Macdonakl, llith of Feb., 1~<83, Can. Hans. Also S. O. of 1st Dec, 1882, and of 7th March, 1888, witli respect to the Enjrhsh committees. Rule.s ami Orders (Paljzrave) X(»6. -70, -71, -7-, -7;i. ■^ Previous to the session of 1879, tliese subjects were j" referred to one committee on banlving, commerce and railways. Sen. Hans. (1870). IIS. A committee is also sometimes appointed to mana;.re the refreshment rooms, Sen. J. (1880), ?>S. ='Sen. J. (1883), 41 ; //,•• (1890), 13, 14- ♦ //'. (1878), 36-37; /'*. (1879). 44-5 ; Ih. (18S2), 29-30; Ih. (1890), 14. ^ Min. of P. (1878), 2(3-27; Ih. (1882;, 18-20; lb. (1883), 35-36; Deb. (1889 -, 37. « Sen. J. (1878), 36. STAyDIXG COMMITTEES. The sessional committ«'t's ou banking and commerce, rail- ways, and contingent accounts, report from time to time, without receiving special authority to that effect in the order appointing them.' The committee on standing orders, however, always receives such power, as well as authority to send for persons, papers and records.- Mes- sages will be sent to the Commons informing them of the appointment of committees on the library and printing.' The committees of the Senate meet on the next sitting day after their appointment, and choose their chairman, and the majority of senators appointed on such commit- tees constitute a quorum, unless it be otherwise ordered.^ But it is the practice for these committees (except that on the library) to report, recommending the reduction of their quorum to a stated number.' The rules that govern the proceedings of the committees of the Senate are, for the most part, the same as those of the Commons ; " and whenever there is any difference in practice, it will be shown in the course of this chapter. II. Commons Standing Committees. —When the speech has been reported by the speaker at the commencement of a session, the premier or other member of the ministry in the House of Commons will formally move — " That select stamlinic committees be appointed for the follow- ing purposes : — 1. On privileges and elections; 2. On expiring laws ; 3. On railways, canals, and telegraph lines ; 4. On mis- cellaneous private bills; 5. On standing orders ; 6. On printing; 7. On public accounts ; 8. On banking and commerce ; 9. On agrictilture and colonization. Which said committees shall sev- 1 Sen. J. (1878), 37; Ih. (1882), 30 ; lb. (1890), 13 ' Ih. (1882), 30 ; lb. (1890), 14. •' lb. (1882), 29-30; lb. (1890), 13. ' R. 92. "Sen. J. (1878), 44, 52, 54; lb. (1879), 54, 55; lb. (1882), 32,33; lb. (1890), 16. * In the House of Lords there are very few special rules in regard to the appointment and constitution of select committees; May, 447. f' f\] w 1 1 II I'j! ! r ■'■ I i^ r! ! 494 COMMITTEES. emlly be einpoweieJ toexamineand inquii'e into all fiuch matters and things hh maybe refeirod to them by the House; and to report fi-om time to time their observations and opinions thereon, with power to send tor |)ersons, papers and records.'" Notice is theu giveu of a motion for the appoiutmeut of a special committee composed of leading men of the ministry and opposition to prepare and report lists of members to compose the select standing committees ordered by the House.- This committee is appointed in due form,' and reports the standing committees without delay.' The report is generally allowed to be upon the table for one or two days, so that the members may have an opportunity of examining the lists in the votes, and of suggt^sting any changes or corrections that may appear necessary. But it is necessary frequently to move concur- rence immediately i)i the report '• so far as it relates to the select standing committee on standing orders.'"" in order that no tiraj may be lost in the consideration of petitions for private bills, which can be received only within a limited period after the commencement of the session.'' When the House has had an opportunity of considering the lists, the report will be formally adopted ;' but it is not usual to appoint these committees until the address in answer to the speech has been agreed to. It is the practice to make si)ecial motions with reference to the joint committees on the printing and the library of parliament. Messages are sent to inform the Senate that the Commons have appointed certain members of the > Can. Com. J. (lSti7-S), 5 ; (1878), 14 ; Ih. ^1890), 0. ■' V. and P. (1877), 6; Ih. (1878), 14, etc. •' Can. Com. .T. (1878), 24; lb- (1890), 12. ♦ Ih. (1877), 23; ]h. (1878), 28; Ih. (1890), 13. ■' lb. (1877), 25 ; lb. (1878), 28; lb. (1879), 23 ; lb. (1890), 14. " Chapter xx. on private bills, s. 4. ' Can. Com. .J. (1878), 30; lb. (1890), 17. In 1886 additions were made to t'") committees as originally reiwrted, by moving amendments to the motion for concurrence in the re^wrt of nominating committee ; lb. 18. SELECT COMMITTEES. 495 House to form a part of such committees. "VYheu similar messages have beeu received from the Senate, these joint committees are able to organize and take up the business before them.' Though the committee on the library is not ordered — as is the case with that on printing — in the resolution providing for the formation of standing com- mittees, yet it falls practically within the same category, and is generally appointed at the same time.- The titles of the several standing committees of the House sufficiently indicate their respective functions. vSome of these committees are very large, the number of members on railways, canals and telegraph lines having been 166 in 1890 ; on banking and commerce, 110 ; on agriculture and colonization, 98 ; on miscellaneous private bills, 74. The number on the other committees, vary from 80 to 42. Before 1883, the committee on public accounts was composed of 9t members ; but in that year the num- ber was reduced to 45 as an experiment. In 1890 it con- sisted of 57 members. It has been suggested that public business might be largely forwarded by the extension of the principle of reduction with reference to other com- mittees.'* III. Select or Special Committees.— In addition to the standing- committees, there are certain select or special committees appointed in the two Houses in the course of a session. The term, select committee, is properly applied to a com- mittee appointed to consider a particular subject. For instance, in the session of 1883, select committees were appointed in the Commons on interprovincial trade, on ' Can. Com. J. (1878), 41 ; Ih. (1890), 15, IS, 19. •^ lb. (1877), 25, 28 ; Ih. (1878), 29, 36 ; Ih. (1879), 23; lb. (1890) 14. ■' See remarks of Sir John Macdonald and Mr. Blake ; Hans- (1883),36-7. In the English House the committee on public accounts, established by S. 0. (No. Ixxvii.) since 3rd of April, 1862 (amended 28th of March, 1870.) consists of only 11 members, of whom 5 are a quorum. i i i ' . ■]■ 1 ,■'.'■:!' ^ j 1 mimmmi In I! 496 COMMITTEES. the question of commiinioation between the main-land and Prince Edward Island, and on the criminal law. In the same session several bills of a special character wore referred by the Senate to select committees.' In the Senate there is no rule, as in the Commons, limiting" the number of senators who may sit on a select committee. When a committee is appointed in the Senate it is usual to ask in the motion for power to send for per- sons, papers, and records, to examine witnesses on oath,to report from time to time, or other powers that may be necessary.- If it is necessary to refer minutes or evidence taken before a committee of the previous session, the mo- tion should be to that effect.' Notice should properly be given of all motions for select oommiitees ; ' but it is not the invariable practice in the Senate to include in the mo- tion the names of the members, which may be given by consent of the House when the motion is duly proposed. ' But no doubt it is the more convenient and regular course to include the names in the notice of motion.'' It is usual for the mover of a select committee to be one of its mem- bers. Rule 96 provides : " Every senator, on whose motion any bill, petition, or (jucs- tion shall have been referred to a select committee ^hall, if he so desire, be one of the committee." A select committee of the Commons, unlike the stand- ing committees of the same body, is limited to a certain number, except the House should find it advisable to make additions. Rules 78 and 79 provide as follows : " No select committee may, without leave of the House, consif^t ' Sen. J. n 883), 157, 176. See Sen. and Com. J., xmder head of com- mittees. ■' Sen. J. (1878), 59, 63. » lb. (1878), 59 (Canadian Pacific R. R., terminus at Fort William). * Min. of P. (1878), 42, 138. s Min. of P. 1878, p. 44 ; Journ. 62. «Min. of P. (1878), 138. NAMED BY THE HOVHE. 491 of more than tiftccii membery, and the mover may submit the names to foim the committee, unless objected to by tive mem- bers; if objected to, the House may name the committee in tiio followint; manner: each member to name one, and those who have most voices, with tlie mover, shall form the same; but it shall be always undei-stood that no member who declares or decides against the principle or substance of a bill, resolution, (jr matter to be committed, can be nominated of such committee." "Of the number of members appointed to compose a com- mittee, a majority of the same shall be a quorum, unless the House has otherwise ordered." By the thirty-first rule it is ordered that two days' notice shall be given of a motion for the appoiutmont of a committee ; but none is necessary in the case of matters alFecting the privileges of the House.' It is the regular course to give the names of the committee in the notice of motion, unless it is intended to have it appointed directly by the House." The motion should also state whether it is necessary that the committee should report from time to time.' If the committee should report once without having received the power in question, it will be defunct until revived.^ In cases where it has been forgotten to ask this power from the House, it is usual for the chairman, or other member, to obtain such power on a special motion.' The same remarks apply to sending for persons, papers, and records. '' Sometimes committees may find it necessary to ask for power " to report evidence from time to time,"' and "w^ith all con- ' 113 E. Com. J. GS ; 140 E. Hans. (3), 97; 148 7/^ 1855-18ii7. -v. and P. (1877), 48,127; Can. Com. J. (1876), 173-4. The English S. 0. directs that one day's notice be given in the votes before the nomi- n.ition of a select comuiittee. Rules and Orders (Palgiavo) No. 327. •' Can. Com. J. (1877), 3G. < lb. (1870), 23, 36, 68. ■' Can. Com. J. (1877), 23. Here it will be seen the motion having been agreed to,the committee on the oflicial reporting of the House immediately brought in their first report. « Ih. (1873), 61 ; Ih. (1882), 122. " Ih. (1873 , 137. 32 ■' i' "tf'P '! nig Ui 'It ( k ■'.:■ i ,li , h 408 COMMITTEES. venient speod." ' If it be proposed to appoint a larger committee than one of fifteen membi^rs, the mover will ask for leave to suspend the rule. ' — of which motion a notice should properly be given/ Members are frequently added or substituted in place of others, without a notice being given ; ' ])ut objection may properly be taken to this course, and the regular procedure in both Houses is to give previous notice in the votes and minutes of pro- ceedings.'' The English standing order is much more explicit than the Canadian rule, as respects the appoint- ment of committees ; it is as follows ; " No select committee shall, without leave obtainoil of the House, consist of more than fifteen mem hers; .such leave shall not be moved for without notice ; and in the case of membei-s propo.scd to be added or substituted after the tii'st appointmen* of the committee, the notice shall include the names of the members proposed to be added or substituted."' " Committees are sometimes appointed directly by the House of Commons, in accordance with rule 79 ; and in such a case the procedure is as follows : The assistant clerk will call out in regular alphabetical order the names of all the members from a printed division list, and each member will immediately reply with the name of the member he votes for. The clerk checks off the votes, and those who receive the highest number will compose the committee. Th6 notice of motion should properly state whether it is proposed to have the committee appointed ' Can. Com. J, (1875), l.'JO, 212. - 76. (18(39), 50; //). (1870), 117; Ih. (1875), 139; Ih. (1883), 128 ; IK (1S90', 205. 3 112 E. Com. J. 157; 137 Ih. 21 ; May, 450. ' Sen. J. (1867-8), 115, &c. ; Can. Com. J. (1878), 48, 57, &c. ■^ Can. Speak. D. 43 ; Sen. Min.ofP. (1878), 82; 174 E. Hans. (3), 501, 1569 ; 227 Ih. 1496 ; 239 Ih. 1192. But it has been ruled that no notice is necessary to substitute one member for another on a committee on a l>ill under rule 31 ; Can Com. J. (1884), 238. See supra, 368 for rule 31. « S. 0. Ixvii. ; 25th June, 1852, E. Com. J. */:'• the amos each the and the state inted (1S90' MEMBERS EXEMPT FROM SERV/XCf. 499 in this way ; and then, as soon as the House has agreed to the committee, it will proceed at once to name the same.' In the session of 1877 the House agreed to ap- point a committee of nine members to inquire into the affairs of the Northern Railway Company, but adjourned without nominating the members of the committee. It was then considered necessary to give two days' noti(;e that the premier (Mr. Mackenzie) would move on a parti- cular day that the House name the committee in question ; and it was named accordingly.- In a previous case it was proposed to refer some matters connected with an election in Charlevoix to the committee on privileges ; but the House adopted an amendment that it should itself appoint the committee, and it was nominated forthwith ' By reference to the rule of the Canadian Commons it will be seen that five members can always object to the mover submitting the names to form a committee. This provision is to be found in the rules of the legislative assembly of Canada, though for many years it required the objection of only one or t'"o members.^ The practice was for the members to take objection under the rule as soon as the question was proposed on the motion for the committee, and the House would at once proceed to name the committee."' In 1883 five mem' 3rs rose to object to a committee being named by the premier on the subject of a bill " respecting the sale of intoxicating liquors and the issue of licenses therefor ;" but the speaker called atten- tion to the fact that the motion before the House provided for the suspension of the rule as to the selection of mem- 1 Can. Com. .T. (1873) 137 (Pacific Railway charges). '' Votes (1877) 127 ; Jour. 103, 118. •'' Can. Com. .T. (1876) 173-4. The mover \va6 not on the committee- * The rule for some years after 1841 contained the words, '' if not objected to by the House," and the speaker decided on one occasion that the objection of one member was sufficient to prevent the motion being received; Leg. Ass. J. (1852-3) 127. ^ Leg Ass. J. (1854-5) 173. r ii.U Hi' :1s P 'I l!r''|:!| 1,1 -In I! MM I 'U i I '■> i' ■ i !• '. ! ; t ' M ■A. i ' 1 r r ■ i 1; 500 COMMITTEES. bers, and consequently decided that the mover had a right to submit the names as in the resolution.' It is a standing order of the English House of Commons : " That every member inloiulin Can. Com. J. (188:'.) IL'8. ■-' S. O. Ixviii. ^ Com. on coal and intercolonial trade, Hans. (1877), March 1 and 2. * Can. Com. J. (1.S83), 128 ; Hans. 253-4. The objecting members never took part in the deliberations of the committee which was appointed on the subject of the issue of licenses for the sale of intoxicating liquors— a subject referred to supra, 107 cl seq. 'Low. Can. J. (1792)124; Leg. Ass. J. (1841) 14, 40. The rule was enforced more tlian once ; Can. Speali. Dec, 44, 93. ! I 4 MEMBERS EXEMPT FROM SERVIXO. 501 "Those who speak against the body or substance ofabill or committet> or anything proposed in the House, ought not by order of the House to be of the committee for that business.." ' But a member must be totally opposed, and not take simply exceptions to certain particulars of a bill or motion, in order to be excluded from a committee." It has also been decided in the Canadian House that a member who opposes merely the appointment of a com- mittee, cannot be considered as ccming within the mean- ing of the rule. ' If a member is desirous on at'count of illness or ad- vanced age to be excused from attendance on a (committee he should ask leave from the House through anoth»»r member.' Every member of a legislative body is bound to serve on a committee to which he has been duly ap- pointed, unless he can show the House there are con- clusive reasons for his uon-atteudanc< If a member is not excused and nevertheless persists in refusing to obey the order of the House, he cau be adjudged guilty of con- ' 2 E. Coui. 14; Lex. Pari., '.V2'.\ IVM. ■^ Lex. Parl.;U.3; (> Grey. [)7'.). It is .still iiu En<5lish rule that no mem- bers can be appointed to a coniinitteeoi" conference " unles.s their opinions " coincide witii the object.s for wliich the conference is held." 122 E, Com. J. 4l'.8 ; also 1 Ih. 350; snjim, 464. ■' Can. Hans. (18S0) 102. ' 'Can. Com. .1. (187o),t)0. ^ It was said by Mr. SiJeuker Sutton on a proposition to discharge a member from a committee, on the ground that lie could not attend, for the purpose of substituting another, " that he coidd not find any trace of such having been the practice; he did not perceive any member had been left out, except it was by absolute parliamentary disi]ualification or physical impossibility of attendance; as to any other disqualification of attendance, there was, so far as his knowledge extended, no account of any case having arisen." 37 E. Hans. (1) 200-4. Also 4:'. lb. 1230, 1234 ; 81 lb. (3) 1104, 1190 (Lords). A member has been substituted for anotlier in the Canadian Commons on account of the member originally appointed having acted as counsel for the parties interested in the matter before the committee ; Can. Com. J. (1884), 239, Z-tO ; Hans. 843. Or on account of a member of his family being directly attected by the issue; Can. Com. J. 173; Hans. 569. r-t 1 502 I ! COMMITTEES. tempt and » ommitted to the custody of the serjeaut.' Following- Eno;lish procedure, members have been ap- pointed to a coinmitteo of inquiry, without the power of votiua*." IV. Quorum of Committees in the Commons.— TJnd'^r rule *70 of the Commons a majority of the members of a committee compose a quorum ; but it, is now usual, on the appoint- ment of the standing committees, to fix it at a certain number immediately.' An exception, however, is made in the case of the committees on " privileges and elections," and on '"railways, canals and telegraph lines," the latter of which is composed of a very large number compared with others. Consequently, there must always be a majority of the members of these committees present before either can proceed to business. Sometimes the chairman or other member of a select committee will move that the House order a reduction in the number of the quorum, in case it is found difficult to obtain a large attendance of the members ; or this may be done on the recommendation of the committee itself.' The quorum of the committee on printing is only reduced on the report of the committee itself, as it is composed of members of both Houses, and can be regularly organized only when the Senate and Commons are informed of the respective members on the part of the two branches of the legisla- ture.'' Sometimes the quorum of a select committee will be increased in case of an addition to its numbers." The ' Case of Sinitli O'Brien, 101 K. Com. J. 560, 582, 003. Also that of Mr. Hennessy, 115 Ih. 106; 156 E. Hans. (:5) 2047. - Can. Com. J. (ISW) 168, 109 ; 01 K. Cora. J. 42 ; 113 Ih. 68. ' Can. Com. J. (1877) 24 ; lb. (1878) 28. Tliis is English practice; 129 E. Com. J, IK), 32, 04. Tiie old practice was for each committee to recom- uiend, iji its first report, a reduction. Can. Com. J. (1867-8) 28, 29, kc. * Can. Com. J. (1807-8) 45, 180, &c. lb. (1874) 120, »S:c. lb. (1882) 122. ' lb. (1S77) 65, 59; lb. (1878) 46; this report was not concurred in— an inadvertence on the part of the chairman. Sen. .T. (1878) 54. "Can. Com. J. (1874)85. PROCEDURE OF COMMirTKEs. 603 committee on privileges and electious has sometimes re- commeuded a reduetiou of its quorum.' V. Organization and Procedure of Committees.— We may now proceed to describe the mode in which the committees are organized. Rule 98 of the Senate and rule 74 of the House of Commons provide : •• The clerk shall cause to be aflSxed in some conspicuous part of the Senate [or Jloute] a list of the several stancUng or select (.oinmittees." It is usual for the leader of the government in either House to give the clerk of the House instructions as to the time and place of meeting for the organization of the several standing committees.- In the case of the standing committees of the Commons there are certain clerks whose duties are connected with them especially. For instance, the clerks of standing orders, private bills, public accounts, railways, canals, and telegraph lines, and printing. It is usual for the member, on whose motion a select committee has been nominated, to take the initiative in calling it together, and having it regularly organized ; and this he will do by placing himself immediately in communication with the clerk of the House.' The committee having met, and a quorum being pre- sent, the members will proceed to elect a chairman ' If there is no quorum present this proce nling must be de- ferred until the requisite number are in attendance ; or the organization of the committee may be delayed until another day.' It is the duty of the chairman to preserve order and enforce the rules. Committees are regarded as ' Can. Com. J. (1873) 82. - .Sen. Deb. (18S;'.), 49. ■ Rep- of Com. on the ixitition of G. T. I'enison, App. No. 7, Can. Cuin. .1., 1867-8. * Can. Com. J. (1873i, 27(1; ll>. 1883, App. No. 2, King's election case. May, 404. *^1T^^M 1 mmm j : • i ||H 1 '■ 1 1 1 'Ul i 1 i|H . i i;'! ■ il ^ ■ -1 1 i •t,| -1 'if 'II "' ■ , ' ' il n i Mm. M^ i ' 1 ■ i i ■ 1 i ; E •ii' J m ^ IIHHI 004 coMMirrEi'is. portions of the House, limited in their inquiries by the extent of the authority given them ; but governed for the most part in their proce«'dings by the same rules which prevail in th(^ House, and which (;ontinue in full operation in every select committee.' l!]very question is determined in a select committee in the same; manner as in the House to which it belongs.- In casi; a difference of opinion arises as to the choice of a chairman, the procedure of the House with respect to the elei^tion of a speaker should be followed. That is to say, according to correct practice, the clerk puts the question and directs the division in the same way as is done on that occasion by the clerk of the House. The name of the member ilrst proposed will be lirst submitted to the committee, and if the question is decided in the allirmative, then he takes the chair accord- ingly ; but if he is in a minority in the division, then the clerk puts the question on the other motion. In English practice, when no difference of opinion occurs in the ap- pointment of a chairman, the member proposed as chair- man is called to the chair without any question being put.' Whenever no quorum is present the attention of the chairman should be called to the fact at once by the clerk, and l)usiness must be suspended or adjourned.' The names of the members present each day must be entered iu the minutes by the clerk, and nuiy be reported to the House on the report of the committee; ' but it is ' u K. ihuLs. CJ), \n-i, !)14 ; :;•.» ib. (;n, .->oi.2-3-4. - May, 4til. ' Miiy, 4(il. See Mr. I'til^ravo'e ("liairman'.s HamihooU, for some iiiUT- esting inforiiuition on cominiUee prooi'dnie, based on the practice of the Knjilisli Ilonso of Coiumoiis, uiul useful to parliauienturiuns as well a.sall j>ersons enjraged iu public l)t;siues8. Also, Rules and Orders (Talgrave) Nos. 32,') I't St''/. ' Knulish S. (,)., 25tli June, isr)2. • This is the S.O. of the Lords and Coininona ; Lords' .T. 25tli .Tune, IS52 ; Com. S. O. Ixxii. See proceedinj^s iu Kiny;'s Co. election case, Can. Com. J. I.ss;}, App. No. 2. I ol the ed.' It b'" rtod it is I'ROCEEDIS'GS IX COMMfTTEK 505 usual to do so ouly when the :^uestiou is of particular important'*?, and all tho procoedings are reported.' When there is no evidence taken, it is usual to make only a general report, giving the opinion or observations of the committee.- The minutes, how-^ever, must be kept in :i- proper book by the clerks of the dilt'erent committees in the two houses for reference.' The name of a member asking a question of a witness should be entered.' The rules that govern the conduct of members in the House should govern them when in committee. It is a rule of the Senate (93), that "senators speak uncovert'd, but may remain seated." When members of the Commons attend the sittings of a committee, they assume a privilege similar to that exer«ised in thi- House, and sit or stand without being uncovered.' Members of the committee, however, should observe the rules of the House itself, when they address the chair. It is also the practice in the Canadian Commons to fol- low the English rule with respect to divisions in a select committee : "That ill tho event ef any division (iiivinif jtlace in tiny select (ominitloe, tho question ))ropose(l, the nunie of the j)rop().-ier. ur.il tho respective votes theivui)on of each luemher pie>ent, he t.Mi- terod on the minutes of evidence, or on the minutes of j)roceedIngs of the committee (as tho ca.se may ht^), and reported to the House on tho report of such committee." '' The standing order of the Lords is verbatim ef Uleralim the same as that of the House of Commons." In the Senate, rr'f '!! 1^ li 1 ' ( 1 1 r 1 t 1 ! I ■ f. III 1 ^ 'i II h ' ' ;'^[ B iii!: 1 ! as all briive) llS5'J; Com. ' Printiiiir H. Api). No. L', ISO!) ; Public AcoounU* K., Aup. No. '_', ls7.">; Cana.hi Pacitic R, R. Com. Jonr. (1S7:>), 'J75. - Printing R , App. No. 1, isjo. ' Sen. Deb. (iss;i), 474-5 (Mr. Vidal). TlieSenate practice is here stated. ' hi/r", .52;{. Can. Com. .1. 1SS3, App. No. :>. ■' May, 4(il. "S. 0. Ixxlli. Can. Com. J. IStiO, printin-; K., App. No. -, pp. 10-12 ; Ih. 187(1, public accounts. ' Resolution of 7th Dec, \H')'2. "1 f ii li y ' H 506 LOMMITTEES. however, it has not been the invariable practice to record the names in the divisions of committees and report them to the House — the case of the printing committee not being in point, as it is a committee, not of one, but of two Houses. This question came up in the Senate during the session of 1878, and there appeared to be considerable ditter«?nc(' of opinion whether the rule of the Lords ought not to apply thereafter to the proceedings of their committees.' From an entry made in the journals subsequent to this discussion it will be seen that the names are recorded on a division in a select committee, and ordered to be reported to the Senate.^ The journals, however, show a record of divisions only in those select committees to which special matters of inquiry have been referrta, and which report their minutes of evidence or proceedings to the House. As it is shown towards the end of this chapter, the ses- sional committees on bills do not report their proceedings, but only the conclusions to which they have come. In cases where there is much evidence to be taken by a committee, it is usual to ask authoritv from the House to employ a short-hand writer,' whose remuneration is fixed in the Commons at the rate of $5 for each sitting of the committee, and 30 cents per folio of 100 words," * Committees should be regularly adjourned from day to day, though in the case of select committees particularly, the chairman is frequently allowed to arrange the day and hour of sitting, but this can be done only with the consent of all the members of the committee."' Commit- ' Sen. Deb. (1878) 413. - Com. on Can. Pac. R. R., 1st May, 1878 ; .Tour. 254. See also remarks of Mr. Miller, Sen. Hans. (18813), 47(3. The names were recorded and reporteil in the case of the committee on the Palen contract in 1875 • Jour. p. 221. ■ Can. Com. J. (1877), 117 ; lb. (1878), 109. Sen. J. (1883), 85. * Can. Com. .1. (1874), 201. '■> May, 404; 205 E. Hans. (3) G85. TIME OF SlTTlXa. i07 teos aiv not permitted to sit and transact business during the session of the Plouse. It is a rule of the English House of Commons : "That the Merjeant-at-ui-ms attoiiding the llouse ilo, from time to time, when the House is going to prayers, give notice thereof to all committees; and that all proceedings of committees, after such notice, be declared to be null and void, unless such com- mittees be otherwise empowered to sit after pi-ajers." ' If it is necessary that a committee meet while the House is sitting in the afternoon or evening, leave must be ob- tained for it to sit until such hour as may be agreed upon.- In the Canadian House of Commons, committees fre- quently sit on Saturday.' Committees of the Senate sometimes sit on the same day, and it was formerly the practice to move for leave to do so.' The point was at last properly raised whether such motion for leave is not un- necessary, since the Lords have a rule which permits select committees " to sit, notwithstanding any adjourn- ment of the House, without special leave." ' As the Senate draws its precedents from the Lords in unprovided cases, ' June l.'5, 1852; 19 E. Hans. (3) 381. In 1879 Mr.Speaker Brand (inoted the following passage from a manuscript book prepared by Mr. Speaker Abbot in 1S05: "On the appearance of the mace at a committee, the committee is dissolved. But it is usual and convenient first to inform the committee that the speaker intends or threatens to send the mace if they do not come ; and for the messenger, when the mace is coming, to inform the committee of it that they may adjourn and not be dissolved.'" >Ir. Brand added that whilst he liad, on the previous day, followed a course founded on the practice set forth in the foregoing paragraph, yet he had no authority to compel the attendance of members who are serving on committees; 245 E. Hans. (3) 1499-51. - 129 E. Com. J. 122, &c. May. 463. Can. Com. J. 1S91, July 9. ' In the English Commons committees cannot meet on Saturday, unless the House is sitting on that day. T^eave must be given by the House. :May, 464 ; Pari. Reg. (63), 613. Rules and Orders (Palgrave) No. 339. ' Sen. J. (1877), 190. ' May, 448. iltUi m jt' ) ■' * 4 li ; i ■ i if n 508 COMMITTEES. the speaker has decided that a motion for special leave to sit on Saturday is unnecessary.* Sometimes a committee is authorized by the House to adjourn from " place to place as may be found expedient," " or to meet at a particular place, ' but no committee can sit after a prorogation. A mem >rable case in point occurred in the session of 187o in the Canadian Commons. It was moved that a select committee be appointed to inquire into certain matters relating to the Canadian Pacific Rail- way, and that it have power, " if need be, to sit after the prorogation." The resolution was agreed to, but members had serious doubt^i whether a committee could sit as pro- posed. It having- been admitted by all parties after fur- ther consideration that the House could give no such power to a committee, it was arranged +hat the House should adjourn to such a day beyond the 2nd of July, as would enable the committee to complete the investigation and to frame a report." The dai: > eventually determined upon was the 13th of August, when parliament was pro- rogued, but circumstances aro;.e to prevent the committee making a report to the House.' It is the rule of the Lords that in their committees the chairman votes like any other peer ; and if the members be equal on a division, the question is negatived {semper prccsumitKi' pro ne<^ante).' It is the rule of the English Commons that the chairman of a select committee " can only vote when there is an equality of voices." " The practice of the English Houses prevails in the Senate and 'Sen. Deb. (1>*78), 120; li. (1882), 128 (Senators Dickey ami Miller). -' 107 E. Com. J. 270; 111 Ih. :]IS ; Romilly, 304, ii. 'Can. Com. .1. (187:5) 294 (l^acific R. R. Com.). 'See statement of Lord Dudierin on this (luestion in the (.'an. Com. .1, 1873(211868.".), 15 (/ .'('7. Also Can. Com. .1. (187:5 lat sess.). 137, 275, 287, 2i)4. 3()8. Supra, 288, as to etlect of prorogation on committees and proceedings generally. ■' May, 4fil. See Cnshing, p. 118. « 91 E. Com. J. 214. D/v/sioys. 500 Commons. The sam«' rules, in fact, obtain with respect to divisions in committees as in the House itself.' On one occasion since 1867, the Commons ordered that all questions should be decided by a majority of the voices, including the voice of the chairman, who was not, in that case, to have a second or casting vote.- In the com- mittees of both Houses on private bills, however, the chairman can always vote, and has a second or casting vote when the voices are equal.' In the Senate committees no persons except senators are allowed to be present. Their rules are as follows : 04. "Senators, thout not vote; tliey .sit ln'hind those that arc of the committee." ' '.•5. " "No other persons, unless commanded to attend, ai-o to enter at any meeting of a committee, or at any conference." ' Strangers are permitted to be present during the sit- tings of a committee of the Commons, but they may be excluded at any time ; and it is the invariable practice for them to withdraw when the committee is discussing a particular point of order, or deliberating on its report.'' Members of the Commons may be present during the pro- (;eedings of their committees, and a committee has no power of itself to exclude any member at any stage of its proceedings. Sir Erskiue May, after citing a number of precedents on this point, comes to this conclusion : " These precedents leave no doubt that members cannot be ex- cluded from a committte room by the authority of the committee; and th' t if there should be a desire on the ' Sen. .1. (1.S75), 2L'l ; Jh. (1878), L'54. ("an. Com. .1. (1S70), public accounts, App. No. 2; Ih. [\S7'.'>), -7'^ ; here there was a tie, and the cliair- uiiin voted. - Can. Pacitic K. R. Cora. (1873), 4:50. ' Sen. R. ()5 ; Com. R. 02. See chapter xx., s. 8. ' See Lords' S. O. No. 43. ' Same practice in Lords, S. O. 44. "' Can. Com. J. (1809), App. 8, p. 4 ; 247 E. Hans. (3), 1957-8. }■ .V 'J: iS; ;j ill i a Ll 510 C0MMrrrEi:s. part of the committee that members should not be present at their profeediuns, where there is reason to apprehend opposition, they should apply to the House for orders similar to those already noticed. At the same time, it ounnot fail to be observed that such applications have not been very favourably entertained by the House." ' Consequently the House vv^ill at times appoint secret committees which will conduct their proceedings with closed doors.- Such committees are often chosen by bal- lot in the English Parliament.' It has been decided that " a member who is not a member of the committee has no right whatever to attend for the purpose of addressing the committee, or of putting questions to witnesses, or interfering in any way in the proceedings." ' When counsel a 'e required in cases involving the in- terests, conduct or character of individuals, petitions ask- ing permission to employ such counsel have been referred, and counsel ordered.' It is a clear and indisputable principle of parliamentary law that a committee is bound by, and is not at liberty to depart from, the order of reference." This principle is essential to the regular despat<*h of business ; for, if it were admitted that what the House entertained, in one ' Page 4(J0. 1 E. Com. J. 849 ; 3S Ih. 870 ; OG Ih. G ; (i7 Ih. 17; 247 K. Hans. (.3), 1058. -53 Lordb' J. 115; 92 E. Com. J. 26; 9i) lb. 461; 112 lb. 94; 96 E. Hans. (3), 987, 105H. ■• (i7 E. Com. .1. 492 ; 74 lb. 64. 51 Lords' J. 438 ; 37 E. Hans. (1), 155 ; Cashing, p. 733. In the session of 1873, Canadian Commons, the com- mittee appointed to in(iuire into certain charges brought by ]Mr. Hunt- ington, relative to tlie Pacitic li. R., reported a resolution that the j)r(i- ceedings should l)e secret (.lour. p. 275). But the chairman did not press the resolution out of deference to the wishes of tlie government (P. Deb. 146), antl it was >ubseiiuently rescinded by the committee itself (Jour. 294). ' 73 E. Hans. (3), 725-6; Cushing, p. 745. • May, 4t)5 ; 77 E. Com. -T. 405. « May, 446. Pari. Reg. (22), 258 ; 190 E. Hans. (3), 1869. ORDER or REFERENCE. .311 iii.stance, and referred to a committee, was so far con- trollable by that committee, that it was at liberty to dis- obey the order of reference, all business would be at an end ; and, as often as circumstances would afford a pre- tence, the proceedings of the House would be involved in endless confusion and contests with itself.' Conse- quently if a bill be referred to a select committee it will not be competent for that committee to go beyond the subject-matter of its provisions.- If it be found necessary to extend the inquiry, authority must be obtained from the House in the shape of a special instruction. Such an instruction may extend or limit an inquiry, as the House may deem expedient.' Sometimes when a committee requires special information it will report to the House a request for the necessary papers, which will be referred to it forthwith.' The committee can obtain directly from the officers of a department such papers as the House itself may order; but in case the papers can be brought down only by address, it is necessary to make a motion on the subject in the House through the chairman. When the papers have been received by the House, they will be at once referred to the committee. Orders in council are asked for in this way.' It is at times found necessary to discharge the order for a committee and appoint an- other with a different order of reference." In ; ase a com- ' Cushing, p. 741. 12 Pari. Reg. 382. - 190 E. Hans. (3), ISW). ■' 101 E. Com. J. 63G ; 105 lb. 497 ; 121 Ih. 107 ; 190 E. Hans. (3), ls70. Clin. Com. J. (1.S67-S), 33, 157; Ih. (1,S70), lit); Ih. (1S71), 34; Ih. (1S73), 1S6 : Ih. (I.S.SS), SS. ' Can. Com. J. (1^75), 176 (pi.^^lic accounts). See remarks of Sir A. JIacNab. lieg. Ass., .lune 7th, lSo6 {Globe report,. ■' Can. Com. J. (IsSo), 90-92, 95. TTevious to this year the correct prac- tice was not generally followed. See lb. (ISS.")), 97 {Mr. Rykert), 1^3. "Conventual establishments, ISth May, 1S54. This case "presents examples of every conceivable obstacle that can be opposed to the nom- ination of a committee after its apix)intment ; " May, 456, Also con- ventual and monastic institutions, 1870. n 1 w i 1 ' i V mill ' '! ^ \ ft- .>m r)i2 iOMMITTKES. mitteo requires its evidence to be printed for its own use in the course of an inquiry, its chairman should apply to the joint committee on printing-, who will duly order it.' Sometimes a committee may have to obtain leave from the House to make a special report, wht*n its order of reference is limited in its scope.-' VI. Reports of Committees.— When a committee has goii.' through the business referred to it, the duty of preparing a report is devolved upon one of the members, usually the chairman, by whom it is prepared accordingly, and sub- mitted to the (committee for its consideration. The report of a committee, both in its form and as to its substance, ought to correspond with the authority of the committee. ' As a rule, draft reports should be submitted like resolutions in the House itoelf, and amendments proposed thereto in the ordinary mode.' If the business of a committee involves an inquiry of fa(\ it should report the facts, or the evidence ; if the opinion of the committee is required it should be expressed in the form of resolutions ' Very frequently when a number of questions are before a committee, resolutions relative to each are proposed separ- ately, and amendments submitted, and when a decision has been arrived at, the report is adopted and ordered to be reported to the House, with the minutes of evidence and proceedings.'' Sometimes the minutes of evidence and proceedings are simply reported to the House, without any observations or opinions on the part of the committee.' It must, however, always be remembered that the report submitted to the House is that of the majority of the coin- 1 Sen. J. {1SS4), 129 ; Can. Com. J. (LS.s4), 202. -' Ih. (1S90), 205, ;)05. See cliaji. xviii., s. 11. ■ 60 Pari. Keg. 3«»1, 395, 396. * INIay, 4(i7. ^12E. Com. .1.087. "Can. Com. J. 1S70, iniblic accounts, App. No. 2, pp. 12-32; 77*. 1^74 App. No. 9, p. 144; lb. 1878, App. No. 1, p. 51. ' lb. 1870, 4th K. of public accoimts; lb. 1878, 3rd R. App. No. 1. Sl'R-COMMlTTI.ES. 513 mittee. No .signatnivs should be allixod to a roport for the purpose of showing any division of opinion in the com- mittee ; nor can it be accompanied by any counter-state- ment or protest from the minority,' as such a report is as unknown to Canadian as to English practice. When the chairman signs a report it is only by way of authenti- cation. In 1871*, a report of a dissenting member was brought in and appeared in the votes, but attention hav- ing been called to the irregularity of the proceeding, this minority report was ordered not to be entered on the jour- nals.- The ruh^ with respect to such matters, however, has been more than once practically evaded by permitting a minority report to app<*ar in the appendix to the report of the committee ; but such a paper of course can only be added in this way with the consent of the Commons House as a part of their proceedings.' It has also been custt^mary to report the proceedings of sub-committees to the House. The practice of re- ferring matters to a sub-committee who report thereon to the committee has largely obtained for years in the Canadian Parliament, and has frequently been found very convenient in cases demanding special inquiry and investigation, which could not be as well done by the larger body. The sub-cominittee, however, cannot report directly to the House, but only to the committee from which it obtains its authority, and it is for the latter to order as it may think proper with respect to the report of this sub-committee.' Such a repoi I has sometimes been submitted to the House by the committee as its own ' See Palgrave, Chairman's Handbook, 91. Also a decision of Mr. Speaker Wiirtele in Quebec Assembly, Ist of April, 1SS5. ■ River Trent Navigation and Canal Works, Votes, 511-12. By some error of a clerk this minority report nevertheless appears in the jonrnals. '' Can. Com. .1. 1874, public accounts, App. No. D, j). 144. See debate in the legislative assembly, June 7th, 1S5G {Globi). * Can. Com. J. 1S80, App. No. :.', R. on printing ; Sen, J. App. No. 1. 33 #1! i ■ ■ 'a I r. f ' S l! "■1. M .i4l 614 COMMITTERS. report.' Thes«» su])-committee8 have imdou))t('dly beon found cxcot'ding'Iy nselul in the cousidoration of private bills. It is now a ('ommon prat^tico of the large com- mittees — the committei! on railways, eanals and telegraph lines tor instance, — to refer certain bills to a few members "who have special qualihcatious for this duty, and are better able to study and perftH;t the various details of the measures. In this way there is a practical approach to the small select committees, to which, in the English House of Commons, the different (^lasses of private bills are always referred.' If there is a division of opinion as to the report hrst submitted for (Consideration, another report may be pro- posed by way of amendment, and the sense of the com- mittee taken thereon.' If a committee, l)eing' equally divided in opinion, tinds itself unable to determine the matter referr<'d to it, it may send the matter back for the determination of the House.' The report of a committee is, of course, stipposed to be prepared and drawn up by the committee or some of its members, and not by any other person; but whether it is so or not is entirely im- material, provided the report receives the sanction of tlie committee, and is presented by its order, and it is alone held responsible for it by the House."' Every report must bi' regularly signed by tL' chairman." In regard To clerical form — a matter by no means unimportant — a report should be clearly and legibly written with ink and not in pencil, and without any material erasures or inter- lineations. If presented in a foul state, the House will 'fan. Com. .1. 1875, public acoounts, 4tli R., Apj). No. 2; //». 1.ST8, printing, 7th K., App. No. 3; Jh. 1882, jmblic acconnts, L'lul 11., App. No. 1. '' Can. Hans. (1HS3), 37 (Sir .Tohn Macdonakl). ='Sen. J. (1S75), 220; Can. Com. J. 1877, public accounts, Api.. No.;:; Ih. 1878, public accounts, lirst report, App. No. 1. MHatsell, 192,71. '" 22 E. Hans. (:'.), 712. « Can. Com. J. (1878), App. 1 to 5. Sen. J. (1878), 271 ; App. No 4, &c. IlKl'OliT.S. .'^15 No. 'i •. i) 4.&1'- order it to Ik» iv-coinmittocl or withdrawn, in order tliat it may bi' written out in a proper manner.' Until a committee report, it is irregular to rt^l'er to its proceedings in debate in the House. For instance, in the session of 1873, Mr. Huntington was proceeding to refer to certain papers! and letters relative to an important mat- ter under the consideration of a select committee ; but the speaker decided in accordance with l^iiiglish prt'ctidents that they could not be read in the Hous".-' Xeither can a committee report the evidence taken befort; a similar committee in a previous session, except as a paper in the ai>pendix, unless it receives authority from the House to consider it.' To place a ('ommittet- in posses!>ion of all in- formation necessary for inquiry, the House will order that reports and papers of a previous session be referred to the 4'ommittee.' It is a breach of privilege to publish the proceedings of a committee before they are formally re- ported to the House. ' M the evidence taken by a commit- tee has not been reported to the House, it may be ordered to be laid before it.'' As soon as the evidence is before the House it may be debated at length, but members will not be permitted to discuss the conduct or language of members on the committee, except so far as it appears on th<' record." It is not unusual for a select committee to report to the House certain papers which are necessary for the iuforma- ' 17 E. Hans. (1), i-10. Such ii uitliculty lias never arisen in the (Cana- dian Houses, aa it is the duty of the clerk of the committee to write out the rei)ort legihly. '-Can. Com. J. (1S73), 349 (Pacitii: railway in(iuiry). See lo!) E. Hans. (3),S14; ISO lb. 604; 193 Ih, 1124, ] 125; 223 lb. 789, 793, 1134. ' Can. Com. J. (1S74), 2S2 (Agricultural Com.). Here the committee emhodied in its report the substance of the information obtained in a previous session. ' 107 E. Com. .1. 177 ; 129 lb. 129, 237- Sen. J. (187S) 59. ^ Can. Hans. (1S75), S64 ; Sen. Deb. (1873), 61 ; supra, 241, 242. ''105E. Com.J. 637, &c. ' Can. Hans. (1S78), 2267, 2268, debate on contracts; Cushing, p. 668. : ■ i 1 'Am : ii i 1 I' I ,! ii If I i r 1 - till ' !!i 510 C OMMITTEES. tion of members on public questions. A member who wishes to obtain snoh information will take steps to have a motion proposed in the committee to lay the papers before the House.' "Wheiiever evidence is taken before a committee it should be reported in the shape of an appen- dix to the report.- All reports of committees of the House appear in the appendices to the journals; but i^iiis wished to print them for distribution, the matter must be brought before the committee on printing", and on its re- port it will be so ordered.' Sometimes the printing com- mittee will recommend the printing of the report alone, or of the report and part of the evidence.' Though it is the practice, whenever necessary, to report the minutes of proceedings of the select committees of the House of Commons, it seems that the same usage does not obtain in the Senate. In the case of a bill respecting th'' Cirand Trunk Railway, veported in l?;8o Irom the commit- tee on railway.s, canals and harbours, some of the mem- bers of the committee requested the chairman to .submil the minutes cf proceedings to the House. Xo such course, however, was taken, as there was no special motion made in the committee, and the chairman, on inquiry, found that it had been the practice of the sessional committees on private bills to report not their minutes of proceediug.s in full, but only the general results an-ived at, thou::h it was admitted a ditlerent practice prevailed with respect to divorce bills, and certain matt'-rs referred to select or ' Can. Com. .1. 1M77, first and fiecond Hep. of Public Accounts, Com. Ajij). No. '2. ' Reports on salt interests and ik^pression in trade, App. Nos. 2 and 3, 1S70 ; public accounts App. No. 1, 1>7n. ' Can. Com. .1. (lN7(i), report on salt interests, 2.s2, 2!tl). * Agricultural (.'om. (ls7(i), 290. Tlie rejior of tbe committee relative to Judge Loransier was omitted in the appendix of 1S77 through a misnit- prehension of the report of the printing committee, Jour. HI. In the session of ISGO a report relative to Jud;^e Lafontaine was omitted on the report of the committee ; l^Ot), j). 272 and App. No. 5. rRESFSTATfON OF HEI'ORTS. 5\1 special committees," in which cases evidence was taken aud facts brought out that it was advisable to lay belore the House. The ditliculty iu the case iu question appears to have been the absence of a motion regularly proposed and pi\t in the committee. As clearly stated by one of the members at the time of the discus.sion in the Senate, if it was ronsidered desirable on any otcasion to depart from the general practice of the Houst*. it could be done iu two ways: First, by instruction to the committt'c from the Senate ; and secondly by the action of the committee itself.- The rules of the House of Lords provide for the report of minutes of proceedings.' VII. Presentation of Reports.— AVhen a report of a select committee is ready to be subnr fd to the Senate, the chairman presents it irora his place, and in case of bills being amended in committee "he is to explain to the Senate the eti'ect of each amendment.'' ' It was formerly the practice for other members of the committee to stand up when the chairman presented his report ; ' but whi'U the rules were revised in 18T»> the practice was discon- tinued. It is usual for the chairman to move, after he has presented his report, that it be taken into considera- tion on a future day,' on the orders of which it will ac(^ordingly appear.' When thi' order is reached the report is considered, and the report may be taken up paragrai^h ])y paragra})h, if it contains several recom- mendations, and each separately concurred in, negatived, or amended.^ ' Sen. J. '!S75), 21!t i I'alen contract) •, /'>, (IS7s), ':4!) ( Pacific U. R.). '^Sen. Han.s. (1SS3), 474->'2 (remarks of Sfnators Miller an J Vidai). ' Sii]>r; Min.of V. (ISSS), leb. L'l'.nl. "Min. of P. (isr)7-s), 101. • Soil. J. (is(;7-s),!t3. M :i5!i I \ .* ' 't\ 518 COMMITTEES. Rule 80 of the House of Commons provides : " FJoportH from stanroceedings of the two Houses.- A member will not be permitted, in presenting a report, to make any remarks on the subject-matter ; he can only properly do so on a motion in reference to the report.' VIII. Concurrence in Reports.— It is the practice to move concurrence in the reports of committees in certain cases. For instance, the reports on printinu* are invariably agreed tj, as they contain recommendations for the printing and distribution of documents, which must be duly author- ized by the Hous". ' Also reports containing certain opinions or resolutions are fre(|iiently concurred in on motion. ' But when the report does not contain any reso- lution or other propositions for the consideration of the House, it does not appear that any further proceedings with reference to it, as a report, are necessary. It remains ' V. i^i: l*. 1S77 and IsT-^. Reports on iiinni^rafinn and colonizatinn. ^ 'I'liis ((uestion was raised in tlie StMiate in 1S()7-S, and tlie speaker deoideil tliat the rofH)rts slioidd he in tlie two Um^uajires ; Sen. .1. I'L'I. ' fan. Ilan.'J. 1S7S, .April l't'>, I'ldiii'' .Acconnts Uep. * I'rintin;; K. 1S7S, .lour. \>\\ S'*^, '-'-'i, -"••'i, in: '■' Can. ( nni. .1. i lS(ii>), L'ti4 ; //». l.'<77 ; public »«•<•., secret service fund, .riti. I.'(j4. ; //'. 18!tl, Au^r. 1!». COXCURRJ':^XE in RKI'ORTS. 519 in the possession and on the joarnals of the House as a basis or ground lor such further proceedings as may be proper or necessary. Every session, select committees make reports of this description, containing a statement of the facts, or of the evidence on the subject of inquiry ; but as they do not contain any proposition which (;an be agreed to by the House, they arc simply printed for the information of members.' Many motions for concurrence in reports of select com- mittees are })rought up without notice and allowed to pass by unanimous cou.sent.- But in all cases objection may be taken, !ind it is the regular course to give notice.' This is conseqi. -ntly always done when there is an ob- jection taken by one or more members to the adoption of a report, and a debate is likely to arise on its subject- matter.' The reports of the committees relative to private bills are not i-oncurred in, as they are regulated by special standing orders. Sometimes, however, when one of these committees has made a ^^pecial recommendation requiring the authority of the House to give it effect, the concur- rence of the House will be formally asked and given."' It is allowable to move an amendment, to add words as a condition to a motion for concurrence in a report." A report has been sometimes adopted only in part. ' ■ » ■ I' ■I;-: :* ■ 1 •I ! lifi! ' Report public aocoiint.s, I'oul trade, ti Hervice in 1S77. Report of Committee on A(:ric:ulture and Colonisation. 1'_'). Hnron and Ontario ship canal (pp. L'J7-231 ); railways, canals and lelf'^'raplis, '.] R. (ic.l, lt>2), 187ti. Printing <'. 4 R., resjKH-tinjr form of Vottw and 1'. (1()4, 21'.M, I87<). ' Can. <'om. .1. (ISOli). Railways, canalw, and tele^iraph lines, 4 Rep. 174. This report recommended a payiii. (,1884), 28.-), 421. 1 1 ■ f 1 ; i 620 COMMITTEES. A report may be rel'errod back to a committee for fur- ther consideration," or with instructions to amend the same in any respect.- In this way a committee may regularly reconsider and even reverse a decision it had previously arrived at. As the rules of the House govern the procedure of committees generally, a committee (Can- not renew a question on which its judgment has been already expressed.' For instance, we recognize the opera- tion of this rule in the fact that in committee on a bill a new clause or amendment will not be allowed, in contra- vention of a previous decision.' It has been ruled in the English House that when a select committee has resolved that the preamble of a private bill has not been proved, and ordered the chairman to report, it is not competent for the committee to reconsider and reverse its decision, but that the bill should be re-committed for that purpose.' Consequently the correct procedure in all analogous <.'ases is for the House to give the eommittee instructions which will enable it to consider the whole question again. IX. Witnesses before Select Committees.— Many witnesses are examined in the course of every session before commit- tees of the Senate and House of Commons. It has already been stated in the tirst part of this chapter that it is usual in both Houses to ^ive committe»'s special authority to send for witnesses or documentary evidence. " ' Jjen. J. (l.Sl)7-8 ),•_•:.' J; ('an. Com. T. (lR83i. IIG, 2r>() ; //>. (1SS4), L'9S. ' Sen. .!. I ls7!t), 170; Can. Com. ,1. tL'*'''-lK I'S"). In l!SH7-8 tlie printing cooimittBe t(i wliom the (juestion of reporting tiie dobates of tlio Mouse liatl been referred, re{)orttMi tliat tliey had decidetl, on a division, to defer tlie matter till a future nieetin;;. It was then moved and agreed that the q\ie»tion be referred back, witii instructions to present ii plan of report- ing to tlie iIou.se. Com.,!. (10 anil App. No. -, fourth report. ■' Supra, 400 (< />,,/. "Jll K. Hans. (:]), 1:57. Jn l(i07, June 4 (1 K. Com. J. :^70i, it was decided : " Every (piestion by voice in committee l>iudetli, and cannot bo altered by themselves, but by tlie House it may." ■ May, 8(i2-:;. " .!)'i//>n», 4'jt), 4l»7. Sen. J. (1878), '67, 5», G2-:i ; Com. J. (187s), 14. SENA TORS AS WITNESSES. 521 Witnesses are sumraoued in the Commons by an order, signed by the chairman, and they are bound to bring all the papers which the committee may require; but the committee cannot order the production of documents or the summoning of witnesses unless it has the necessary authority from the House " to send for persons, papers and records." In the Senate, as in the Lords, witnesses generally attend on a notice from the clerk of the com- mittee. In case a witness will not attend, application must be made to the House for the necessary power to compel his attendance.' Whenever the evidence of a senator is required before a committee of the Commons, it is usual for the chairman to move in the House that " a message be sent to the Senate requesting their Honours to give leave to , one of their members, to attend and give evidence Ix'fore the select committee," etc. The Senate will consider the message and give the required leave to the senator, "if bethinks fit."- If the attendance of a member of the Commons is required before a committee of the Senate, the same pro(^edure|will be followed.' In case the attend- ance of an oflicer of either House is required, a message will be sent ; but in the message in reply the words "if he thinks fit" are omitted.' The Senate has tie follow- ing rule on this subject : 102. ''When the attendance of si Heiiator, or f'f any of the officers, clerks, or servants of the Senate is desired, to be e.xain- ined b}* the Commons, or to a|)])ear before any c(iinmittee ' Tlie Lords do not <;ive select oommittees any special authority to send for witnesses or doctmientary evidence, l)nt witnesse-s jionfially attend on a notice from the clerk of the committee. In ca.se a witness will not attend, application must be niade to the House for the necessary power; May, 44S. See Sen. .1. and Deb., M\^. 7, and U, IMM. ■' {.'om. .I.'(1877), 142, 178, 234 ; lb. (ISHO), 217 ; J'>. 1891, .Inly 17. Sen. .r. (1877), 129, 103. ' 132 E. Com. J. W, 2f}I,i'tc. ' 103 E. Com. J. OoS ; 113 Ih. 255. i.' Ii: u U! M :i y I 622 COMMITTEES. thereof, ix ihv .igo is sent by the Commons to rc(|uesi that the Senate will give leuvo to such benator, otticer, clcik, or servant to attend ; and it' the Senate doth grant leave to such senator, lie may go if lie think tit; bm it is not optional for f?ueh otiieer, clerk, or servant to lefuse. And without such leave, no senator, oflScer, clerk, oi- servant of the Senate shall, on any account, either go down to the House of Commons, or send his answer in writing, or appear by counsel to answer any accusation there, upon penaltj' of being committed to the Black Rod, or to prison, during the pleasure of the Senate." ' In case the evidence'of a member of the Commons is required before a committee of that House, it is customary for the chairman to request him to i-ome, and not to address or summon him in the ordinary form. Two reso- lutions of the English House lay down the following rub\s on this point : " That if any member of the House refuse, upon being sent to, to come to give evidence or information as a witness to a com- mittee, the committee ought to ac(|uaint the House therewith, and not summon such member to attend the committee. " That if any information come betbie any committee that chargeth any meml)er of the House, the committee ought only to direct that the House lie ac(iuainted with the matter of t-uch in- formation without proceeding further thereupoii.- If a witness should refuse to appear on receiving the order of the chairman, his conduct will be reported to the House, and an order immediately made ibr his attendance at the bar, or before the committee.' If he should still refuse to obey, " he may be ordered to be sent ' f?en. Hans. (18S;]), 15S. Attention was called on this occasion to the rule by Senator Miller. -' hitli March, Iti^SS; May, 474. For Ciuses of the House onlerint; the attendance of its members before a CDi.iniittee, see H' E. Cum. .1. 40;;; !i7 //*. 4oS, 4'h^, 4r)S. May siiys there lias been no instance of a member Ix3rsislin)i; in a refusal to jjive evidence ; but a member has been com- mittetl to the custDiiy of tlio Serjeant that he mi^Mit lie broniiht before a committee. '2\ Jl>. fiol,^')'2. i»7 /''. 44!t (precedents). See //(//•<(, 5:i:>, ■'. •' 91 E. Com. J. ;]52; 11-' Tb. :i03; 121 lb. mry; 131 Ih. do. SEyATORS AS WlTyKSSKS. 523 for iu custody of tho serjeant-at-arms, and the speaker be ordered to issue his warrant acoordiuijly, or he may be declared guilty of a breach of priviU'ge, and ordered to be taken into the custody of the serjeant." ' Similar pro- ceedings are taken when a witness refuses to answer (juestions. ' Towards the close of the session of 1878, in the Cana- dian House of Commons, a Mr. Sutherland, residing in Manitoba, disobeyed the order of the chairman of the com- mittee of public accounts for his attendance. The com- mittee thereupon unanimously reported the circumstances to the House, with a view that it should at the next session deal with the matter, if it should so deem advis- able ; but no further steps were ever taken in this case.' In the session of 1891 the committee of privileges and elections to whom was referred a very important inquiry, reported that one of the witnesses refused to place under the immediate control of the committee certain docu- ments, which he had produced. His conduct was re- ported to the House, and he was ordered to appear at the Bar. He appeared and was ordered to deliver all ac- counts and papers to the clerk of the House. He com- plied at once with the order, and the committee had consequently full control of the documents in question.' The practic^e of the Senate and House of Commons ' with respect to entering the name of the member asking ques- tions of a witness is in accordance with the following 1 r I'. i i I I 1 • May, c 1.-). <».-) K. Com. .1. 5'.t; 100 Ih. 48, l.JO. Mirror of V. [MiAO), 7-JO. '' SS K. Com. J. 21:.', 21S ; Ctisliinj:, 1>. .'5S.'). Soe i-ase of Mr. MH rret'vy, a member, onlered iiitofu-stody ; Can. Com. J., Aujir, 12, 13, IS, ami 20, 18!»1. ' Tublio accounts, 2 K., 218 ; App. No. 1, 100. ' See Can. Com. J. and Hans., .luiie 5, 16 and 1 /. Tlio proceedinjrs of this committee (to whom was referred an investigation into matter^* relatinj; to tlie «.iuebec Harbour Worlds) j^ive numen-us cxamjiles of the powi^rs and duties of committees of parliament. 'Com. on financial depression, isTti, App, No. 3, Can. Com. J.; Com. on immitiration, 1S7S, App. No 2, Can. ( om. .1. U lM:L I 524 rOMMITTi:i:S. order of the EuGflish House, though the practi(;e is not strictly followed in the upper House ; ' "That to every quostion askoil of :i witnoMs untloroxamination in tlu' jn'oct'edings of any (5. 1-' K. Ihiius. (1), ."ilo ; Cushinjr, pp. ;}01-2. ' Can. Com. .1. (1S77', 13:', 141 ; Can. Hans. (1H77) 685, 080. Supra, 348. ' Can, Com, .!.. Aug. lit, 18'U. « Sen. R. 99 ; Com. R. 81. Wiry^sSES VMJEK OATH. 525 bo paid lor his attondaure. Under this rule it is the practice to pay witnesses their triivelling and hotel ex- penses, but nothinj^ is necessarily allowed for loss of time, even in the ease of professional men.' Printed forms are provided under the rule and certified by the clerk betbre payment is made by the accountant. Xo witness who comes as a witness at the solicitation of parties interested in a private bill is paid by the House. The rule only applies to those persons who are present in cases of public inquiry. XI. Examination of Witnesses under Oath.— It is only within a very recent period that the House of Commons has enjoyed the right of administering- oaths to witnesses. Indeed it was not until 1871 that an act was passed in the English Parliament - giving the same power to the Com- mons that had been exerci.*th Houses as to the competency of the Canadian parliament to pass such a bill at that time,' and these doubts were verilied by subsequent events. The law ollicers of tin' Crown in England, to whom the act of 1873 was referred, reported that it was ultra vire^oii the colonial legislature " as being contrary to the express terms of section IS of the British North America Act, 1807, and that th ' Canadian parliament could not vest in them- selves the power to ailminister iths, that being a power which the House of Common > did not possess in 18ti7, when the Imperial Act was passed " ' The act of 1878 was accordinu'ly disallow*'d, ' and the doubts expressed by emi- nent Canadi-an authorities were fully verified. In the same despatch, it was declared that the lirst section of the act of 18(J8,(chap. 24) which gave powi'r to the Senate to examine Avitnesses on oath at their bar. was also beyond the competence of the parliament o]^ Canada at the time it ' ("an. Com. .1. (lS7;i), 1()(J. Dum-Stat. ;}ti Vict, c- 1. Another bill on the sumo 8ul)jei't liad been iiovionsly intioduoed by Mr. Fonrnier,Nnl).se- qiieutly minister of justice), l)nt it was not proceeiled with- -■ Can. Com. .1. (lS7o) 207. No witnossos were examined for the reasons given further on in the text. ' Com. Deb. (lS7o) 88; ."^en. J)eb. 142. .See Lord l>uflerin".s despatch to the Colonial ISecretary, Can. Com. J. (187:5, Oct- soss.), 5 it ncj. In tliia document the whole matter is exj)lained with j^reat clearness. * Can. Com. J. 1S73, (M. sess., p. lu. See 8. 18 of D. N. A. Act, 1807. ' Dedi)atch of Lord Kimberiey, I!j. 11. WITNKSSKS IWOKli OaTII. 527 pas.sod ; and that thouifh that act had uot bi'on disal- lowt'd, it was void and iu(>i)evative as beitc^- repugnant to the provisions ol" th>' Biitish North Ameri. a Act, and could not be h'<;ally proiceded upon. As regards, however, th»' powers iriveu ])y the a(.t oi lst!8 to soh'et commit t«'es ui)()n private })ills, they appeared to the hiw otlicers to bo unol)j.'«'tionabh\ as like powers had, bei'ore the pas>'ui»- of the 13. N. A. Act, been given to the English House ol" Commons l)y 21 and 22 Vict., c. tM. In ac ordauie with the retpiest oi' tht' government ol" Canada, math' sometime ' in 187o, the British ministry took steps to obtain the passage through parliament of " An a't to remove certain doubts with respect to the powers ol the parliament of Canada under section is of the British North America Act, 13GT." This act providi's that any act of the Canadian parliament deiining the privileges, immunities and powers ot the Senate and House of Commons shall not confer any powers exceed- ing those at the passing of su> h act held and enjoyed by the Commons of England. The second section also pro- vides that the act passed in ISGS (chapter 24), "shall be deemed to be valid, and to have ])een valid as trom the date at which the royal assent was given thereto l)y the governor-general of the dominion oi Canada." - In the session of 187G an act was passed by the parlia- ment of Canada giving the necessary powers to the two Houses. The law now provides: '•Witnesses may he examined uiion oath or ujton attirmation, if affii-mation is allowed I13- law, at the Itai- of the Senate, and for that J}Ul•])0^t'K upon oath or atlit inatimi, ii" :itlii-inati(>ti Ih iillowinl l>y law, iipDii inaltoiH relating to micIi lull, and lor thai iturpuhr tlio chaiiinan oi- any tnctnlii>r of such coin- niittiM' niay a*linini>tiM' ^ll('h oath or atliiiniilioii to any mk ii witnl'^s. " Whi'iii'ViM- any witnoss or wilnossos is or art* to lio oxainiutd by any ctninutti'i' ot' the Soiialo or IIoumi of Coininons, an resolved that it is dosiral'Ie that ^lI(•h witness or wilnessi's shall he examined on outh, stuh witness oi- witnesses shall he t'xamiticd npnn oath or anirniatioii, whore allirmation is allowed hy law, and siieh o:i(h and allirmation shall Ik' adntinistored l>y the ehairman or any mendn-r ol" any such committee as albresaid. '• livery sucii oath or allirmation shall l)i« in the followiiiii; forms A and \\ ropeetively . "A. The evidence you shall ijive on this t'xamination shall he the truth, the whtde truth, and noihin;;' but the truth. So help you (fod. " 1!. You do >oIeninIy, sincerely and truly allirni and declare that the evidence you shall ^ive on this examination shall he the truth, the whole ti-uth, and nolhin<^ but the truth."' Tlu' oath or allinuiitioii is adininistored by the «hairiiiaii or any member of tho conimittot'. Any wituoss i^'iviiig false evi(bMUt» is siibjoct to all tho pains and ptMialties of porjury, as fixed by the criminal law. Since I87t'>, a largo number of witnesses have been examined under this statuti'. The chairman of the com- mittee or other member will move in the House of Com- mons or in the JSenate for the requisite authority geuervilly iu these words : " That it is desirable [the language of the statute] that any witness to be examined by the committee should be examined on oath or allirmation, where allirma- tion is allowed by law." - In the Senate it is also the ' l>oni. Stat. oO Vict. c. 7; He v. Stat, of Can. c. 11, ss. 2()-L'3. ' Can. Com. J. {1^11), US, 205, 314, 335; lb. (1S78), 153; //'. (1890), Kift; Sen. J. (18S0), 79. But this form of the motiou is not imi)erative thoii^ii Mr. Blake urged with force on one of the tirst occasions audi a proceed- M77'A7';.VS7^S rSlHin OATH. r.2{» practice to ask th«' in'rewNary power Iroin the House in tho order appointing , (i:! ; //,. (I87!t), lOS. •Hon. .1. (1880), 71»; ("oin. .1. Ill, iL'U. 34 ' ! I '' ' K ' \ t' I \ ■ 1 m ■i;, fj CHAPTER XVII. LOMMITTEE.s ol' Sl'J'l'I.V AND ir.ll'.s AM> M1:aX.\ I. (Jrantsof public moroy.— II. Moih' of .sijjuiiyin^' tlic n rcjiiumMidatKin of tlio Crown. — 1 11. (' msiMil of the Crown explained. — 1 V. < onnnittees of supply, and way.sand means. — V. rroctHlme before ^;oill^J inloMii)ply. VI. IIuu.se in coniniitteo of sujiply. — VII. The bud;:et .spitecii, — VIII. Way.s and nieauB; imposition of taxes. — IX. Heport.s of committeos of supply, and ways and means. — X. Tax bills.— XI. Api)ropriation or Hupply bilL—XII. The bill in the .Senate. — Xlll. Tlie royal an-sent. — X!V. Ariation accounts. I. Grants of Public Mouey.— Tho ruh'.s ol' tlio House of Commons of Canadii with n'.spcct to the oxinMiditun* ol piihlif monoy and the imposition of burthens upon the people are strictly in conlbrmity with the praetiie of it.s English prototype. All the clu'cks and guards which the wisdom of English parliamentarians has imposed in the cor rse of centuries upon public expenditures now exist in their full force in the parliament of the dominion. The cardinal jn-inciple which underlies all i)ar]iamentary rules and constitutional provisions with respect to money grants and public taxes is this — whenever burthens are imposed on the pt^ople, to give every opportunity for fit • and frequent discussion, so thtit parliament may not, by suddiju and hasty votes, incur any expenses, or be induced to approve of mi'asures, which may entail heavy and lasting burthens upon the (.'ountry. Hen«e it is wisely ordered that the Crown must lirst come down with a recommendation whenevt'r the govrnment linds it necessary to incur a public expenditure, and that there . • ., , , ' ol' th." 11" its t\i«' th.' 1st in •ul»'s luey avo IV. " I, by anil isi'ly th ';» s ii Itlv'iv RhXOMMKSlKMIOS (fF THE GOV ERisOR-U ESKRAL. -VJl should b»' lull lonsideriitioii ol the uiuttiT iu coniniittHe and ill the house, so that uo nn'iubev may be toned U) come to a hasty decision, but that every one may have abundant opportunities allorded him of stating his rea- sons lor supportiut^ or opposini'' the proposed ^rant. ' Iu the old legislatures of Canada, previous to 1S40, all applieations for pei;uniary assistanc*^ were addressed directly to the house of assembly, and every governor, especially Lord Sydenham,' has given his testimony as to the injurious ellects of the system. The Union Act of 1840 placed the initiation of money votes in tlie crown, and this wise practice was ,dways strictly followed, up to 1807, when the new constitution came into force. Ijy the r)4th section of the British North America A<'t. 18t)7 — which is copied from the tlause in the act of 1840 ' — it is expressly declared : " It slmll not li(> lawful for the IlKaHo of Coiamons to adijpt or pass any vote, resolution, adilress, or hill for the uppi-opriation of any piii't of the public revoiiue, or of any lax or impost, to any purpose that has not been iii'.st roeonnnentleil by a inesMiijo of the t,'()vornor-gcnoral in the session iu wiiiuh such vote, rosoluli(^n, ud(lro.sH or bill is proposo-l." ' The standing orders of the English Commons go still further than the foregoing provision, for th«(y also exclude the n'ception of petitions for " auy sum relating to public service." ' '3.llat8t'll, 17(), 181.' ■' "One of tlio j;roattyH." Si'ro|Hi'.s I,ifi> of Lord ."^ydtMibani, 17l*. Also reiuurkis of .Mr. (dadHtonei infra, 5:>.') ". Lunl Kiirluun's U., \W. ' Btio Kti/ira, '2'.K ' SiMi Can. Hiiiifi. (1R7S), -Jl.")? ; iit this cuso tiiH niyanini; tA' the suction was dearly oxpluinod by Mr. iS|M»ik<'r Aniflin. ' S. O L'Otii Murci), lS(itJ ; ^iipni, liL'L'. So« also .Mirror of P., \S')7, .luno !.'), p. 1SH8; ISJ !•:. Iliins. \\i), oitl-GO:!, whoro presont H. U. of l-a^'lish liuuw) tire fully disouHstMi, i. I i ) If • ■ '1 ! i 1 i * I ' I'll ■ ;i } ''i m f| It h ! : l'''ii i i r |i i it 1 1 It ! J, .')32 .SIJ'J'LY AM) UM }.s .IA7> MKAX.S. The roiiKtitutioiial provision whitli roortation by the «;^overnment ol' certain depreciated ••sil- ver coinalic burthens, as in th«' ease ol' a bill or motion within the direct control olthe Canadian Parliament.- No cases i'un be I'ound of any ]>rivate member in the Canadian Commons receiving the i 'hority of the Crown, through a minister, to propose i-, notion involvinu- the expenii('ii farthui' out of the consolidated fund or out of moneys to be provicb'd by parliament." ' Another rule of the I'^n^lish Commons (which dates back as far as 1707) provides that " the House will not procei'd upon any pelition. motion or bill for granting any money, or for releasing or compoundinu' any sum of money owing to the Crown, but in a com- mittee of the whole Hou.se." ' ' 1S7 K. Iliin.s. (S , ICitiT. .Mr. < ihuistiniti Hiiid mi the uccusion ro.si'nt Kn'.di.sh S. (\ in isiit): "In ('iiniuiii iicfnre tlio InvHOiit constitution was (»«tul)li.slied, ilm |in)|>oHiils l)y privato in«Mnl)ers to niuko ^'rants of piilili,- nioney hi>('anit> ho nunierouH and ^'iarin;.' that a lometiy was neeessaiy. Tlie remedy waH to adopt tiiis piuvision — that is to Hay, tiie previous recoinniendation of liie ( rowu." hS'J ll>. ,")78, '•' Can. Com. .1. and Hansard, ls78, April -! (Mr. .S|H>uker Anvdin). This niU> was adojited in Iho hnwer Canada Ass., iHth of April, 17li;{; .lour« 54t«. St'e .Maiutolia Ues., < an. Com. .1. (1SS2), li">!, 4'J4. ■'S. O. '.'Oth Mureh, iSfKi. ' S. O, linth .Mart'h, 1707. See Kej*. ro«|>ettint; the town of Cobourn, Cun. Com. .1. ilSsd), ISl, "JtR ' I ill it 1 h i I ! i ' '>U sri'PLY .\NI) ]VAYS ASD MEAXS. The loregoiiiff rule of the Ciinadian Commons is strietly obs'^rved : ' bnt it was said with obvious Ibrce on one occasion by Mr. Speaker Coekbnru that " this rub', beinjj self-impos.a, may be entbrred or relaxed, as the House shall determine. But the constitutional provision con- tained in the .•)4th section of the Imperial Act of Union, is one that, being; absolutely binding, should be neither extended or restrained by implication, but should at all times be most carefully considered by the House."- As an illustration of the strictness with whi»h the House observes the i)ractice of requiring much delibera- tion with respect to any matter allecting the public ex- chequer, it may be stated that on the loth of April, 1878, it went into committee of the whole on a resolution pro- viding for the subscription of X'la.OOO sterling of first mortgage bonds of the Northern Railway of Canada at th<' rale of dO pc»r cent, in satisfaction of the sum of ct*13,')00, being the balance remaining due to Canada.' Orders in council respectihg subsidies to railways, con- tracts and agreements between the government and ct ui- panies or individuals for certain public services are frequently laid on the table for ratification in due form by the House of Commons.' When such orders and agree- ments are only made in pursuance of authority given to the government by parliament, and are already provided for by appropriations sanctioned by parliament, it is not necessary to go into «ommiitee on any resoluiion on the subject.' On the 21st of March, 1879, numerous contracts 1 Can. Coin. .T. (1S7(5), I, 2l!i, Canada Central R. R. ; Ih. '.ViO, Canadian I'acilio \l. K. ; II'. (1878), -Jo?-!!, Mon<'ton (ran Co.; Jh. 202. 273. Canada Central R. R. ■ Can. Hans. (1S,S0), 782. Kl-") E. Hans. Ci), 1819-2(i. In 187;'. the Hoii.'^e went into committee on a })rovi.sional contract lor tlie ocean mail eervicO' before inticxlnction of hill. Can. Com. .1., 81^, 178. liKSdirTIoys IX COMMITTEE OF THE WHOLE. 53 '» I'ov tho roiiistnictiou of portions of th<» Caiiiidian Parifir Jiaihvay, then ii government work, were Itiid on the tivl)le. No speoial motion was made with respect to these con- tracts. The statute under whieh thej' were brouu'ht down (37 ' u*t., »'. 14, s. 11) simply required that they should lie on the table for thirty days ; if they were not movi»d against at th*' end of that time, they were considered to have received the approval of the House.' In 187;'. the ffovernraent was authorised to enter into neg'otiations during- the recess with some reliable company for the transfer to the same of some of the dominion rail- ways in Nova S.otia on certain ., "JStli of ,\prii. Tiio iirsl, motion in 1H7:1 iiad not iHten firocoetleil with when it wiia nndoidtcKnl tliut tlm ^{ovornmont Would take tho (juestion \\\\ ' (.an. » om. J. (1874 ) •_'7;i, 2!»^t, 3(iO. f! 11 I i ili!i:il« i! i|»! 4 m h I f il I'liii' I! Il ■ \. _ : 1 i 1 hi 536 SUPPLY AXD WA YS AND MEANS. H '■ m«'ut at the next session. The propriety of th ■ procedure was called in question. It was said in reply hat as the re.solutiou was merely "tentative," it was noi in'cessary to "0 into (ommittee ol" the whole. But Sir John Macdonald, Mr. Helton, and Mr. Blake pointed out the necessity of considering with the fullest deliberation all propositions which may involve an appropriation of the public moneys. The speaker took a similar view, though he was not called upon to give any decision, as Mr. Mackenzie did not press the matter in the face of the sentiment that prevailed in the House.' No doubt what- ever exists that it is the most (Convenient and correct practice to consider all such propositions in a committee of the whole, .so that the House may not be surprised into a hasty decision on the subject. A practice has grown up in the House of allowing th«^ introduction of resolutions by private members, w^heu they do not directly involve the expenditure of public money, but simply express an abstract opinion on a mat- ter which may necessitate a future grant.- As this is a question not always understood, it may be explained that such resolutions, l)eing framed in general terms, do not bind the House to future legislation on the subject, and are merely intended to point out to the government the importance and necessity cf such I'xpenditure. By way of illustrating the form of such resolutions, the following precedents are taken from the journals of the Knglish Commons : 1. '• Tliiit it is oxpodiciit hoi" Majosfy's <;()vcrnmuiit. or parlia- inoiit, should take stej).s to in([uiic liow \wM a(lui[uatc' open space'' ill the vicinity of our inci-eawnig popultuis towns, as public workt*, ' ( an. llaius. (1S78) i'(HIL>-'_HKi,j. ■Clin. Com. .1., (18(i!»), 123(»; ///. (1S7J), 214; Can. Hana. 11877). :?!tubHcrip- tions, voluntary rates, or public grants, to caiiy out such t)l)J0CtS." ' 2. '• Tiiat in the opinion of this Jfouse the Rourd of Trade, or dcpartmont of tlio govoi'nmont, having tho control atul mana^e- inontoftho monoyn belonging to the jnercantile, marine, and seamen's fund^, sbouM bo etnpowered by ])arlianiotit to give to those sailortj' homes (not in the neighbourhood of the doclcyaid) such pecuniary assistance as, in its Judgment, and at its discretion, i( may bo deemed advisable." ' 3. "No bill can bo asutisfactory solution of the question unless it includes provisions enabling the court, to in-ar all claim> by land owners for i-ompensation foi- losses proved to have been sus- tained unuthciont proof thereof, to award reasonable! compiMisation." ' 4. ** Tlial having regard to the Admiralty Act of lust sessioi., by vii'tuo of whiidi an entirely now juri-sdictioii has been conferred U)»on ceitain county courts, atid to the liankruptcy Bill, nniler which the district county courts will take llie place anil perlbiiu tho functions of the district bankruptcy courts, and with u view to socuie ctliciencv in the othce of county court iudge. in the opinion of this IJ(uise it i^ expedient that the judgo-i upon whom the new duties and responsibilities may be impose!, should lecoive an additional rt'inunei-ation of t.'5,'M»(> :i yeai." ' The last of the toregoinu' inotious shows to what extent stich abstract propositioii.s may 2^) ; hnt it was perl't'«tly in acconhuito with parliamentary rules, sin.e th'^ fait o'i its adoption by the House would not have authorized an expenditure of public money, though it might have been considered a sullicient reason by the governmeut lor bringing down a resolution on the subje.>t with the con- sent of the .sovereign, and obtaining a vote of money iu ' 11.-) E. Con). .1.. :.Mti. -118 ///.,181. ' Se«i ruiiiivt of Mr. Sp, ( oni. .1., 405), 410-410. ' 124 //'. '28'.). Branil, L'dl E. Hans. (:i) MTit, 1371. Also i:}7 K *tf'' i.:': ::;- til M. 588 Sri-I'LY A\n WAYS AM) MEANS. i at'cordaiu'o with the proscribod forms. Iteferrinii' to this liirht of inombcrs to move such aljstract rt'solutions, all authoritiesaifro*' that it is one " which th«^ House exercises, and should always exercise with very i^reat reserve, and only under p(Miiliar and exceptional circumstances." Such resolutions are considered virtually "an evasion of the rules of the House, and ar(» on that account objectionable, and should be discouraged as much as i)ossihle." ' Never- theless the Kni^lish House of Commons has never agn'»'d to the adoption of a rule to fetter its discretion in rejjurd to the entertaining of such prop(»sition8. Tt may sometimes happen that the ofovernment is wil- ling to allow the reference of a matter which may sub- sequently involve a i)ublic expenditure to a select com- mittee of the House of Commons for the i)Urpose ofelieii- ing all the fa<'ts in the case. A motion, framed in general terms, may be proposed, without directly asserting that any grant of money is required — in other words, one of those abstract motions to which reference has just been made.- Two precedents in point may })e given : " Iti ISTfi, the papets relative tn a cluirn (»( Mv. Amliro.sc .Shea, ill coiiiioction with tliu lntoirolonial Raiiu'ay. woru h'lid on the tahio, aiiti Huhse(iuoiill3*. with tlie CDiisoiit of llio jiri'mier, sont to a eominittoo vvhieh docided that ho hud u Just (dairn foi- coinjtcn- HUtiori. In 187.*», u petition from AU'.xandor Yuill, wltli rcspeei to certain hisHOH »He/^ud to have lnnn NU-taini'd hy hini in con- nui lion with a duii.Hion of the doiuinion itrhilralois, wa.s rtdcrred, with tho eon»u|it of (he goviuiwnunt, tun HuluL'f (..oinniitiuu, whicii ii^ ' Mtiy, lK»r»l 'r this iniifHn in |K7H, in tho <'Hnu oI'k iiioiioii on llir wi/iler navi»/!ation of tliR Hi liiiu|< na : allnwiid to Hin«ml it V. A I'. |''el/, 'MHU HW\ March 'MU, IN/Hi I'^t) //imH. hm. ' ScoT.Hic]. i. 7. 1400. ' Can. rom. .1. (1M7U), 7'J, P, UN, jl/t/, GO VEHSOn-GESERA VS HFXOMMKSDA TIOS. 539 reported nil the facls, jitid iix|»rert>"3il the hope timt rc'(ll•c'^s would Im' granted to the jiftitioncr." ' In tho fon'i^oing, as in other fases, the governmont con- sented to the appointment oi" the eomniittee. Just us an abstract resolution may he rejruhirly proposed, so the report of a select committee which does not directly re- commend or involve a public expenditure may be received by the House." II. Qovernor-General's Recommendation— The recommenda- tion of the Crown to any resolution involviu'r a payment out of the dominion treasury must be I'ormally given by :i privy councillor in his place at tiie very initiation of a proceedinjjT, in accordance with the express terms ol the .')4th section of the Ilritish North America Act, 18r»7, and in conformity with the invariable ])ractice of the English House of Commons.' The statement sh(mld be made as soon as the motion has been proposed lor the House to «ro into (ommittee on the resolution. The followinir is the entry ma(U^ in th(\journals on such an occasion : "Sir .loliii A. Muc'doiiuU!, a meinlior <>i tlii' <[ueeii'> privy coun- cil, then ae«iuainlod the Mouse thai his oxcellonc}', the ifovcrnor- <,'onc'ral, luiviri;^ hcon int'ornied of tin- .suhjoct-iuattcr of thin motion, roconimonds it to the <<)iisidoiatioii of" the House." ' ' Can. ( 'om. J. (1875), ll'7, 'JL'd, :;(»;5. Seo ;•> Hatsfll, 24:5, on hucIi cases. AJHd 8i)euker'.s dcciHion (No. IS'I) tliat a liaiiii for (laMia!.'o.s minht be lelern-d to u seUM't comuiiltee; .lour- (,1S71), •J")4. .-Mso ciaini of .lauies Kin«; /''. (1888), 187. T( Kid, i. 70,-) (case of Uaron de I'.ode); l«»i K. Hans. (:V), 71f>; Can- llanH. (1877), :'.!i(i. H««i Cnn. IlftUH., 2llh of April, 1878, when Mr. Speaker An^'Hii fully KXpiainod the tueaniuK of the 54th stu-tion of tlie union act. The recoiu- niendation liaH lntiMi ^ivon in casim of a liounty on pi;;-iron, ('an. rout. .). llHH(l), ;||| ; of land siil)Hidics ; II,. (l«K!)), ;i|(>, 374 ; of .oiiunutation of debt due htCl'oUtli //>,, :)2(). ' ("im. Com. .1. ( I87:<), 'J05 ; l\<. (1877). ill), !M, Kit, k<\\ fh. (1870), M, l.'.H, Jftll, .'i(ll), :|(i((, llf» In the journulH ol I87;iihe ;:overnor-,renerars re.toni- (litdl'llllloii Ih Hiiinillfd to a reHoliitinn rtdative to customs duties in the NiitllnuiHl, thliillgh n niiHapprelienHion of tli« meaning' <>f the nei-tion .ji V 'n' 1 : . '. ■;if i 640 SUPI'LY AM) WAYS AM) yfKAXS. Tho ivcoinmi'iKlatiou may he uciveii by iiiiy miiiistor of the Crown, jiccording to English usage ; hut in Canada it is usually done hy the premier or leader of the government in the House. The English praetice, and necessarily the most convenient one, is to give the necessary recommenda- tion through the minister directing the department in charge of the parlieular matter ])efore the House.' Though thi' recommendation of the governor-gentjral cannot he formally given in the Senate to a motion involving money, — since such matters must originate in the Connuons — yet tliat House has a standing order which forbids the passage of any bill which, from information received, has not received the constitutional recommeudati"n. ■17. ''Tho Senato will i»oi proceed upon :i hill appropriutirji; ])iihlit' iiioiu'v, that shall not, within tiio knowlodgo of tho Senate, havo hoon roe(»innioii(io I hy ilio (luoen'e. lepresoiitalivo." III. Consent of the Crown explained— A misappreh«Mision has sometimes arisen as to the time when the "consent" of the Crown should be given to a bill. The procedure with respect to signifying the consent is dillerent irom that in giving the recommendation of the Crown. The recom- mendation precedes every ffrant of money; the constant may be given at any stage before final passage, and is always necessary in matters involvinu' the rights of the Crown, its patronage, its property, or its prerogatives. - This consent of the Crown may ))e given either by a special message, or by a verbal intimation from a minister — th»» last being the usual procedure in such «'ases. The wliii'li refors oiily l<» the "ai»pr()j)riiition of a uix or iini>(>8t," and not to the "iinpo.sitiun " of tho suine. See a del»ate in tii<< House (Can. tlans., ls7S, i». 'Jl,"i.")i, wluMi a luarntid lawvor, now a jiuljie of a liijrli fouit in tliw ilominiou, jjiavely ai^fuod tliat liie lucoinniendiilion should hoyivon undiT the law to tl\e iin{i08ition of taxe.s. ' T.'!» K. Com.. I. 14, '2U,:'A},:V2, kc. • .May, 5()o; Todd, ii. VM ; !.>« K. Hans. (:'.), -.'ll. COSSEST OF THE (UOWN. 641 intimation of tho ronsont does not inojin that tht» Crown " givoH ilK api>ro})ation to the siibstant*' ol' tlu- m«Misuiv', but mon'ly that tlic i«A-.reii>'n consents to rcniovc mi obstacle to the prouress of the bill, so that it ni ly \)0 con- sidered by both Houses, and ultimately submitted lor the royal assent."' In any ease where a private member wishes to obtain the consent of the Crown, he may ask the House to aifree to an address lor leave to pro« d thereon, before the introduction of the bill.- The consent should be properly ^ivcn ht'lorethe committ ^ of the bill.' but, according to the practice of the English House, it is not generally f^iven before the third reading.' A hill may be permitted to proceed to the very last stau-e without receiving the royal as.sent. but when it is not given })efore the motion for the final pas.sage, it must ^)e dropped.' If the introducer of a bill hnd- from state- ments of a m.nister that the royal as8«'nt will be with- held, he has no other alternative open to him except to withdraw the measure.'' If the royal ;issent is not given at the last stage, the speaker will refuse to put the quets- tion." If a l)ill, requiring the royal consent, should be permitted to pass all its stau'es througli some inadvert- »'nce, attention will be i-alled immediately to the " fact in the House, and the proceedings declared null and void."' The consi'ut of the governor-general, as representative of the Crown, is generally signiHed in the Canadian Com- mons on the motion for the second reading, though cases will be found of its having been given at other stages. ' MH E. Haas. 144r); ISL' Ih. 7:'.2 ; Estal.lisliM.l Church (Irelaiull bill. '' Mr. Ghitlstone, 191 E. Hans. i3), 1S!»S.<(. ■' Church Reform (Iroland) hill ; Mirror of P., (l.sn;i), 16l.'7, 17:5;{. * Mr. Speaker IVnison ; PeiMM^'e of Inland hill, I'M E. Hans, (o) l*()l. ■ Mr. (Jathorno Hardy ; 191 E. Hans. CJ), 1.504 ; May, .ms. '■ 7(i E. ilans. I3).r)!»l ; 191 /'.., 1.5(14 (I'oeraKe of IrolancJ hill). ' I'Jl H. Com. J. 42:5. ■■ Rliyl in)|)rovement hill ; .Medina Kiver navijration hill. 107 E. Coin- .!•, l.")7. Tlie procedure in sudi cases is to read the entry in tlio votes, and to move that the pnjceedinirs he null and void. I 4"''M ■■ 1 ■m I. I I J ^1:1 'ill ::Hi ■ '^'•I'iiiii 1 i j K^m IMAGE EVALUATION TEST TARGET (MT-3) u (/ .i ^3.^^' ■- !4 1 546 SITPLY AND WAYS AND MEANS. ministor of fiuanco when he is present — will propose the two Ibllowing resolutions in accordance with the order of 1874,' " that the House will, in future, appoint the com- mittees of supply, and of ways and means, at the com- mencement of every session : " 1. "That this House will on next resolve itself into a committee to consider of the supply to be granted to her Majesty. 2, "That this House will on next resolve itself into a committee to (>onsider of the ways and means I'or raising* the supply to be granted to her Majesty." ■ Before the House goes actually into committee of supply, the Hnance minister will bring down the estimates bv message from the governor-ireneral, and when the message has been read in English and French by Mr. Speaker, or by a clerk at the table, the minister will move " that the said message together with the estimates accompanying the same be referred to the committee of supply." The order of the day for the House to go into committei' of supply having been read, the speaker will put the question — " That I do now leave the chair." ' The same question is always pat whenever the House is to go into committee of supply, in order to attbrd an opportunity to members to propose amendments. On this point it is observed by au eminent English authority : " The ancient constitutional doctrine that the redress of grievances is to be considered before the granting of supplies, is now represented by the practice of permitting every description of amendment to be moved on the question for the speaker leaving the ' Can. Com. .1., 1874, March 31. ■^ lb. (1876), oo ; //;. (1878), 24 ; 131 E. Com. J. 11. » Can. Com. J. (1876), 68 ; lb. (1878), 47 ; 131 E. Com. J. 39, 47, 51. The time for the meeting of the committee of supply is always proposed by a minister of the Crown; 240 E. Hans. (3), 1663. But a member may move to substitute another day, 240 lb. 1669. A member may not move au instruction to the committee, as they can only consider the estimates submitted l)y the Crown. Mirror of P. 1828, p. 1972. Todd, i. 753. GOING INTO SUI'I'LY. 647 J tho ler of com- com- d iuto to hin' If iuto aising lupply, ites by aessage iker, or hat the )auyiiig ." The littee of luestiou estion i;^ ftittee of ibers to id by au Ltutioual iiisidered d by the meut to knug the 51. ^i'l'e [)osed by a may move \l move an estimates 1753. chair, before goiug into the committee of supply or ways and means. Upon other orders of the day, such amend- ments must be relevant ; but here they are permitted to relate to every question upon which any member may desire to offer a motion." ' The same practice is now followed very extensively in the Canadian Commons"; - but there are certain limitations to this right. Only one amendment can b ' moved to the question, *' that Mr. Speaker do now leave the chair." ' If that amendment is ' May, G()()-()l. Miirur of P., ISoS, vol. 7, p. 5S74 ; lid E. Hans. (.'5) SGI ; 2-^3 /6. 1549; Can. Hans- (1S78), ISOS (.Sir.l. A. :MacdonaM). The right ti) consider sirievances at this sta.L'e is one of the. tirst principles of tlio Bri- tish (constitution, L'37 K. Hans (;>) oSO. But the practice has been nuich ahuseil in England, and the Commons have more tiian once considered what means can be devised for limitiri^' discus.sion. The .speaker and other hi^h authorities, when examined before the committee of pul)lic business in 187S, -aiii they wmild absolutely preclude the discussion of any abstract motions, and only allow motions calling into (piestion the oiuiduct of the administration or of some department of the governmeni,. lieport of Com. .July 3, 1S78 ; jjp. 4, G, 4(5, 105, &''. See also an article by :Mr. Baikes, " Mneteenth Century," Nov. 1879. Under the present Eng- lish prai'tice, restraints are impo.seil upon amendments. See Rules and Orders of the English House ( Palgrave), No. ;U4, for present procedure on amendments and debates on going into committee of supply. - Can. Com. J. (1876), 88, 114, 129, 191, 2} 3, 233, 237, 2i)l. " 20« E. Hans (3). 1445- Can. Hans. (1878), 1808-11. This limitation to moving amendments is peculiar to the Canadian Commons, and arose originally from a misunderstanding of a Canadian speaker as to the Eng- lish practice. In tlie English Commons, when it is moved "that Mr. tSi)oaker do now leave the chair,"' and an amendment is projwsed thereto, no other amendment can be submitted until the House decide whether the words proposed to bo left out after "That" in tlie original motion shall stand part of the (lueslion." If the House answer in the negative, then an amendment can be proposed to the amendment. In the Canadian Commons, the amendment is moved at once, and there is no reason under their system of proposing questions for applying an English rule arising out of a different procedure of moving amendments. The efiect is to impose a restraint upon moving amendments — in fact, the previous question in another form — wliich does not practically exist in England. Indeed, the practice with respect to moving amendments exists generally of course in England, and might as well be applied to various stages of bills and other proceedings in the Canadian House as on going into committee of supply. ^ll' ' I ' i I 1 1 n in lis !, 548 SUPPLY AND WAYS AND MEANS. negatived, a discussion on other questions may be raised but no other motion can be proposed.' If the amandmeut is withdrawn, however, another amendment can be at once submitted to tho House.- It is the practice in the English Commons to give notice of all motions in amendment proposed to be made at this stage ; ' but this is not the practice in the Canadian House/ though notice is sometimes given of contemplated amendments. No doubt the uniform adoption of the English practice would enable the Commons to approach a subject with more deliberation and information than is possible when a question is suddenly sprung upon the House. Members may discuss various questions on the motion for the speaker to leave the chair, without moving any amendments thereto — a great latitude being always allowed on such occasions ; ' but they may not refer specifically to any vote which has passed, or is about to be discussed in committee ; '' nor to any resolution of the committee of w^ays and means ; ' nor to any bill or order of the day."" Neither will a member be permitted to debate ' I * % ' See 12U E. Com. J. 337; 132 Jh. 118 ; 138 Ih. 167, 168. 121 E. Hans. (3), 761 ; 198 //'. (3), 633; 245 Ih. 908. ' Speaker Smith, Six^xker's D., pp. 27, 43, 79 ; Mr. Cockburn, 2n(lof^ray, 1873 ; Mr. Anglin, Feb. 29th, 1876 . 170 E. Hans. (3), 690 . 222 Ih., 1727 ; 225 //-. 1943 ; 239 lb. 16, 22-23. ■' 131 E. Com. J., 103 ; 180 E. Hans. 369-427. ' See Apj). L. * Dr. Tupper's remarks. Can. Hans. (1878), 2279. Priority has been sometimes given in tlie Enghsh Commons to those who have amend- ments on the paper. See the decision of Mr. Speaker Lefevre, 110 E. Hans. (3) 861. The adjoarnment of the House may be moved on a mo- tion to go into committee of supply : 240 E. Hans. (3) 1669. '•• May, 662-3. Mr. Langevin, April 29, 1878 ; Mr. McCarthy, Feb. 26, 1878 ; 240 E. Hans (3) 759; Can. Hans., 1878, Feb. 22, &c. « 164 E. Hans. (3) 1500 ; 173 P>. 903; 189 lb. 857; 209 Ih. 1327 ; 218 lb. 1869 ; 222 Ih. 971 ; 253 Ih. 924. ' May, 663. IH lb. 1439; here a resohition respecting fire insurances was framed so as to avoid the irregularity. « 142 lb. 1026 . 221 lb. 720, 795 ; Can. Hans. (1882), 1435. A member may not move at this stage to discharge an order of the day ; 231 E. OOISG ISrO SUPPLY. 549 a raotiou of which he has giveu notice. On the 10th April, 1876, Mr. Burpee was proceodiug' to address the House respecting the Bay Yerte Canal, but he was stopped by Mr. Speaker, whose attention was directed to the fact that he had given notice of a motion on the same subject. This ruling is in strict accordam.'e with the practice of the English Commons.' When an amendment has been moved to the question for the speaker to leave the chair, discussion should be properly confined to its subject- matter." When an amendment is negatived, a debate may be raised when the speaker again puts the question, on the general policy of the government, or on some other subject not embraced within the exceptions just mentioned.' This question arose in the session of 187»3. An amendment having been negatived, it was urged by a member that no further debate could take place on the original question ; but Mr. Speaker Anglin observed — " The House has not yet resolved that I leave the chair, and that question is consequently still before the House ; and gentlemen who have not yet spoken are in order, and ] I Hans. (3), 301. It is allowable to move for an address to the queen or lier representative in this country ; Can. Cora. .T. (1869), 93. 101. ' 146 E. Hans. (3), 1699-1702. In the session of 1890 Mr. Laurier, on going into committee of supply, proposed a motion similar to one already on the notice paper in Mr. Kirkj)atrick's name. Tiie latter waived rais- ing a point of order, on account of the premier having previously arranged to give Mr. Laurier an opportunity of making and speaking to the motion. See Can. Hans. 391. The speaker intimated privately to the author that had the question been raised he would have been obliged to decide against Mr. J^aurier in accordance with precedent. •^235 E. Hans. (3), 602.623; 1330-1358; tliis reference illustrates the practice. See 240 Jh. 759 for the speaker's ruling, in which lie clearly defines the distinction between a debate on an amendment and one on the motion for the speaker to leave the ciiair. Also Can. Hans. (1878), 892; lb. (1885), 747-756, where the House discussed the taritl' generally and then proceeded to debate a distinct motion on a specific question moved by Mr. Blake. Also 230 E. Hans. (3), 45t) ; 232 lb. 834. ■' 239 Jb. 16, 22-3. Blackmore's Speaker's D. (1882), 11, 200 ; 215 E. Hans. (3) 994, 1739. •1,-! il 550 SUPPLY Ay D WAYS A\D MEAXS. n ' : If ■ ! are permittod to speak on almost every qiTi'Stioii." ' If an amendment has boon carried in the affirmative, then it is the practice not to allow the committee of supply to drop — for that is not the intention in moving amendments at this stage — but to propose the question for the spealcer leaving the chair a second time. It will be moved — "That the House do on next, resolve itself into committee of supply.- Or, when it is necessary to pro- ceed at once with the estimates, it will be resolved, "That this House do immediately resolve itself into committee of supply." ' Mr. Speaker will then again propose the question for his leaving the chair, wl ich is generally agreed to,' although it is quite legitimate to propose amendments and debate various matters.' In case it is found inconvenient at any time to go into committee after the motion that the speaker do leave the chair has been put and discussed, the motion may be withdrawn with the consent of the House, and the com- mittee will then be formally fixed lor another day.'' If the order for the Hoiise to go into committee of supply should become " a lapsed order " in consequence of " a count-out," it will be necessary to revive it by giving notice of a motion for that purpose. In 1877 the com- mittee in the English Commons lapsed in this way, and the leader of the government subsequently gave notice of a motion to set it up in the usual words — "That this House will on resolve itself," etc.'' On another ;-i ' Can. Hans. (187(!), 307 ; See 225 E. Hans. {?,), 1940 195.5, for an illustra- tion of the extent to which a debate may proceed at this stage. Also 222 E. Hans. (3), 1727; 223 lb. 1932; 224 A 052; 240 lb. 759; Can. Huns. (1890), 1938-1954. '' 131 E. Com. .1., 19.3-4 ; Can. Com. J. (1SS2), 254; lb.. 1S91. Aug. 4. •' Can. Com. J. (1873), 272-3 ; IK (1S90), 182 ; 127 E. Com. .7. 96; 129 ]b. 337. ' 122 E. Com. J. 106. ^ 174 E. Hans. (3), 1960 ; 235 //-. 1350-58. " 123 E. Com. J. 163. ' 129 E. Com. J. 204, l99 ; 184 E. Han?. (3), 535 ; 131 E. Com. J. 282-3 ; 235 E. Hans. (3), 203 ; 132 E. Com. J., 202, 206. ilhistra- Also 222 n. Mans. J. lo:^. J. 282-;i ; LAPSED ORDKIi Ol SUl'l'LY. 551 occasion the House adjourned whilst a motion lor the speaker to leave the chair was under consideration, and it became necessary on the next sittini]^ day to move " That the House do immediately resolve itsoli', etc." ' VI. In Committee of Supply.— When the House agrees to go into committee of supply, the speaker will call on the chairman of committees," appointed since 188"), or, in his absence, on an experienced member, to take the chair of this important committee. The rules that obtain in other committees prevail also in this. Each resolution will be formally proposed from the chair, and amendments may be made thereto. Each member is provided with a printed copy of the estimates, and the chairman reads the vote at length from a written set of resolutions, each of which he signs when it has been duly adopted by the committee. As in other committees, each resolution must be proposed and discussed as a distinct question, and when it has been formally carried, no reference can again be made thereto.' Neither is it regular to discuss any resolution before it has been formally proposed from the chair. Each vote or resolution is necessarily a question in itself to be proposed, amended and put as any motion or bill in the House. Sometimes there are a number of items in a vote or resolution, and then these may be generally discussed as forming part of a single question. Each item may then, if the committee think proper, be taken up as a distinct question, and so discussed and amended. The debate in such a case must be confined '240 E. Hans. (3), 10S6. Also 132 E. Com. .1. lli), 120. In 1890 the committee rose and reported, and then it was moved (by general con- sent) to go immediately into committee again that day in order to give Mr. Laurier an opportunity of proposing an amendment, in accordance with an arrangement made between him and the premier; Can. Hans. 3!tO, 391. See 132 E. Com. .J. 119, 120. ^ See Supra, 4S1. ■'175E. Hans. (3), 1<)73. 11 ■m ■| .i ; I ' I • ( 1 '; ''}-: 552 si'ppf.y A.\i> u:\ys a\d means. !' to the item, aud when it has been disposed ol, uo retVi- ence can aj^aiu he made to it wheu the subsequent items are under considiTation.' When it has been proposed to omit or reduce items in a vote, the question shall be alter- wards put upon the original vote, or upon the reduced vote, as the case may be, without amendment. And alter a question has been proposed from the chair lor a reduc- tion of the whole vote, no motion shall be made for omit- ting- or reducing- any item.- It is irregular to discuss any matters in committee which are not relevant to the resolution under considera- tion.' It is also out of ordiT to move for the adoption of a general resolution with respect to any jDarticular vote, or for the reference of a particular vote to a select <;om- mittee.' Sometii. es, when it is not convenient to discuss a resolution it is not proposed from the chair but passed over with aeu^ral consent until another occasion ; '' but if it has been regularly proposed from the chair and discussed, no motion for its postponement is regular, be- cause there is no period to which it can be postponed." But the mover of a resolution may, with the consent of the committee withdraw and submit it again on anoth^'r day, with or without alteration, and either as a distinct vote, or in separate items." The committee having only partly considered a resolution may, however, rise and re- port that they had made progress in the matter to them referred, aud ask leave to sit again."* Or they may report ' May, 670. See Can Hans., 181)1 , .luly L'. - Res. of Ensr. Com. 9tli Feb., 1858, and April 28, 1868 ; 113 E. Com. J 42; 123 lb. 145; 239 E. Hans. (3), 1763-1775. ■'157E. Hans. (3), 1851. * Mirror of P., If'Sl, p. 1826; lb. 1831-2, p. 3472. But a select committee may be moved in the House subseciuently to inquire into matters con- nected witli a particular vote ; 172 E. Hans. (3), 131. •' Pacific R. R. votes, 1877, «&c. « 159 E. Hans. (3), 549 ; 175 lb. 77. ^ Mirror of P. 1830, p. 1498; lb. 184U, p. 2867. " 128 E. Com. J., 74, &c. THE BUDGET. 553 certain resolutious which they have agreed to, and pro- gress on eevtain others.' Sometimes the House will go into committee and immediately rise and report progress without adopting- a vote ; ■ but in no case must the com- mittee be allowed to drop by neulectingto move lor leave to sit again. The speaker will always put the question, after report of the chairman, " When shall the committee have leave to sit again ? " It is for the minister of finance, when present, or other member of the government, in his absence, to propose the time when the committee is to resume.' In case of a raessajre from the u'overnor-ixeneral or the deputy-g'overnor, while the committee is sitting-, the speaker must resume the chair, and the House pro; eeds to the Senate. On the return of the speaker, the commit- tee may resume.' The committee of supply cannot increase a grant which has been recommended by a message from the governor- general.' It is also irregular to increase anv item in a resolution." But any motion to reduce a grant, or to strike it out of the estimates altogether, will be always in order.' The advisability of increasing a grant mav, as a matter of course, be discussed so as to inform the government as to the sense of the House on a question."* The ministry alone can move in the matter, and another message will be brought down to increase the grant." VII. The Budget.— It is now competent for the finance minister to move the House into a committee of ways and ' 129 E. Com. J., 91. 134; Can. Com. J., (1876), 238, 239. ■^ 129 E. Com. J., 2G1, 331 ; Can. Com. .T. (1877), 324: //-. (1886). 182 ; lb- (1890), 282. -' See siipra, 546, n. *Can. Com. .L (183S), 235-237 ; IL (IS90), 222, 223. '•> 148 E. Hans. (3), 392. *■' 173 lb. 1282. ■ 131 E. Com. J. (1S70), 51, 65, 249. ** Todd Pari. Govt, in England, i, 702 note, (Annuity to the Duke of Wellington) ; 27 E. Hans. (3), 831. " Mirror of P., 183S, vol. vii., p. 5S75. I.i * ;i r '1 1 , . ;1 ! ■ :' ■ '■'■'■■ ■ 1 '': ,-. I S i ^'it- llll ' ,■ { ■ , '''''-'•',. ■', j : 1 '1^ i i' ' it J ili fi 1^ H I r li 1 "i ' .il];,l ) 554 SUPFLV A.\D yt'AYS AXD MKASS. means, to ooiisidor resolutions rospeotiug the taritf, with- out takiiig a preliminary vote in supply, as both these committees are now formed at the eommeueemeut ol" the session, and there is no necessity whatever, under modern practice, to pass a vote lirst in supply in order to lay a foundation, as it were, for the committee of ways and means." It is usual to make the speech on the " budget " on the motion for the House to go into committee of ways and means since it is there tliat taxes are increased, repealed, or otherwise amended ; but finance ministers have, at times, tbund it more I'onvenicnt to depart from this practice. In tiie session of 18l)T-S Sir John Rose made a financial statement on the motion for the House to go into committee of supply ; and on a subsequent day he proposed to amend the taritf in committee ot ways and means.- In 18(t:> he made a financial statement on the motion tor the House to go into committee of ways and means.' In 1870 Sir Francis Hincks made his financial statement and developed the liscal policy of the government in com- mittee of ways and means.' In 1874, Sir Ivicliard Cart- wright took the same I'ourse when he proposed to amend the tariff.' In 1877 he made his financial statement when the order of the day for ways and means had been read." In 1878 no change in the tariff being proposed he made ^ It w.'.s thn pr.ii'tii't' in tlio <'aiuiilian ronuihins until the scssinn of 1SS:> (.hnir. ISSO-SI, pp. :'rj-l;l) 1(1 tako a pivliaiinary vote in ooinniittee of snp- j)ly and to con/ur in tlio^anie, beforo moving \\w House into coiuniitteo ol ways and tniMiis. This iua nvoniont and niinei'eesary procedure was tni'itly ilroppod. - I'arl. I>eb. (K^(>7-S). 7i>, I'T- ' //'. (l8t)!0.;M. It istho ruloof (he jzovornnient to take possession of the tele^'raph lines as soon as ihelnitljjet speei'liooinmenee-^, and aehaniro inthe piiblic taxation is proposeit. I'arl. l>eb. (K*^74), J4;('an. Han-.OS?«">) ol-'l'd [Mr. r.owell, minister of customs). * I'arl. l>oh. (1S70), JMd; .Four. IflS. • I'arl. l»el\ (\^7-i), -24 8; .lour. .Vl. Tan. Hans. (1>77), IL'II iMrosirioy of taxes. 555 his statement on the motion i'or the House to go intoeom- mittee of supply.' In 1870 Sir Leonard Tilley proposed anew tariff in ways and means, but in subsequent years, from 1880 to 1891, the statement has been i^enerally made by the finance minister on the motion to g-o into com- mittee, with the speaker in the chair. It will be under- stood from these precedents tliat whenever (hanjres are proposed in the tariff, the finance minister will make his !statt>ment in committee of ways and means, or. as is now more generally done, on the motion that the House go Mito that committee ; but that when no alterations are proposed in the fiscal policy of the government, as in 1875, 187(5 and 1878, the statement may be conveniently made on the motion for the House to go into committee oi' supply." It is always usual for a discussion to follow tlie budget speech ; and much latitude is permitted.' Previous to 1888, it was usual to delay the considera- tion of the estimates until the budget was ready, and consequently in some years supply was unnecessarily delayed ; but in that year the more convenient practice was adopted, and has been ibllowed ever since, of going into committee of supply as soon as possible after tlie I'ommencement of the session, and making considerable progress therein before the annual statement of thelinauce minister is duly made to parliament. VIII. The Imposition of Taxes, and Ways and Means.— It is now a fixed principle of constitutional governiucnt that all ' ("an. Hans. (.I'^^S", 4l.'7. •' Tho practice in ilie Knglish House with respect to tlic Inuljrot is also variabio, May, tlti?. ' In 187S Sir R. ("ar'.wrijrlit (tinanco minister) spoko aiiain after Sir ('. TnpiHT, tlionu'li strictly 1,« liad not lhi» riglit, as lie liad moved only an order of tlie day. Can. Hans. Fob. I'-, 1S7S. Of late years, as a matter of convenience, the Honse has jrone at (Mice into committee, after tlu> presen- tation of the budget, pa-sed the resolution pro/oriiui, and then the tlebute hns continued on tho reception of the report, the fullest possible tliscnssitm heinj: allowed by general cons' nt. See Tan. Hans (ISHO), iirxio, jr>iH;; //». lS!)l,,Iune •2'X TmT'l : H ' 1 : ' i ■ i n ■■ ' i 'w n i M 1 ' 1 M jl 1 ' ■ 1 ' ;■ ' ■ '• 1 1 M ! w i I :'; \ ( I 'I ■ i 1- ii; 4 1 1 ih 556 SUPPLY AS D WAYS AND MEANS. propositions for the imposition of taxes should emanate from the ministry or should at least receive its indirect sanction.' In the session of 18Y1 Mr. Speaker Cockburn- recommended to the House the adoption of the British practice in this particular, and the Commons have ever since acquiesced in its wisdom. As a consequence no private member is now permitted to propose a dominion tax upon the people ; it must proceed from a minister of the Crown, or be in some other form declared to be neces- sary for the public service. A motion or a bill of such a character should properly be introduced by a minister of the Crown. The followini^ precedents will show the strictness with which the House uov. adheres to this practice : " In 1872 u member was not allowed to move the llouno into coiiimittt^o ot the whole to eoiioidor certain resolutions imposing a duty on barley, oats, Indian corn and coal." A report from a Heloct committee was not received in 1874 because it recom- mended the adoption of a new taritt" for British Columbia; it was withdrawn and subsequently brought up in another form. A motion on a later day to concur in tlio report was not allowed, on the ground that it asked for the enactment of a special tariff, which could only be di)iie by tlie government and in a committee of the whole House." ' If the government approve of any plan of taxatiou suggested by a private member, it is the constitutional course for them to propose it themselves in the committee of ways and means. This was done in the English House some years ago in th^^ case of a resolution to extend the probate duty upon property above the value of one mil- lion.' If the government object that v motion imposing IHI . ' 1S2 E. Hans. {?>), 592 ; May, 674 ; Todd, i. 709, 713. ■'■ Can. Cora. J. (1871). 112, 113. ■' Speak. D., No. 1!)4, 20th of May, 1872. See also No. 102, 14tli of Jnne, 1809, for a simihi rulinjr. ♦ Can. Cora. J 1874), 141, 210. ■• 155 E. Hans. (3), 991 ; 114 E. Cora. J. 348 ; Todd, i. 711. 4th of -Tnne, IMPOSITION OF TAXES. 561 a tax is not required by the exigencies of the public ser- A'ice, the member oHeriiig- it should at once withdraw it.' But all the authorities go to show that, w^hen the gov- ernment have formally submitted to the House the ques- tion for the revision of customs and excise duties, it is competent for a member " to propose in committee to substitute another tax of equivalent amount for that pro- posed by ministers, the necessity of now taxation to a given extent being declared on behalf of the Crown.- It is also competent for my member to propose another scheme of taxation for the same purpose as a substitute for the government plan.' But it is not regular to pro- pose a new and distinct tax, which is not a mere increase ' or diminution of a duty upon an article already recom- mended by government for taxation.' But any proposi- tion for the repeal of a duty is always in order, and many cases will be found where a proposed duty has been struck out in committee.'' Though there is no rule to prevent private members moving abstract resolutions proposing changes in the scheme or distribution of taxation, or the imposition of uew duties or the reduction of duties, " yet they have been uniformly resisted by the government in the Eng- lish House of Commons as inexpedient and impolitic." ^ ' 73 E. Hans, (o), 1052-50. In tliis case, it was proposed to j.'o into com- mittee of the wliole, which was inaniftstly irregular, as was pointed out at the tinae- - May, 675; 108 E. Coin. J. 187; 123 E. Hans. (3), 1248 ; also Todd, i. 711. 'Mirror of P.'(1836), 19G3-4 ; lb. (1840), 3042, vol. 18; 76 E. Hans. (3), 020. * 63 E. Hans. (3), 629, 708, 750, 753, 1364. ^ For instance, a member could not extend licenses to other manufac- turers besides brewers, who alone were to take them out according to the government plan ; May, 675. Also 77 E, Hans. (3), 637, 751 ; 75 lb. (3), 1015. " 128 E. Hans. (3), 1129 ; 166 lb. 1574, &c. ' Todd, i. 713, 714 ; 88 E. Com. J. 336 ; .94 26. 510 ; 102 lb- ?.S0 : 103 lb, 880 ; 229 E. Hans. (3), 778. 1 ! I ^H'-lf 'fl.'iH M 558 SUPPLY ASD WAYS AND ME ASS. ^ I I' £ I i i All proposals for the imposition of taxes belong- peculiarly to the Crown, and custom, as well as sound policy, has long- ago devolved upon ministers the duty of submitting such questions to the consideration of parliamont.' But nevertheless numerous instances will be found in Cana- dian, as well as English, practice, of committees having been appointed to consider questions of taxation, notwith- standing the opposition of the government.' The whole question came up in 1877 in the Canadian House, and Mr. Speaker Anglin decided, in accordance with English precedents, that it is open to a committee to whom a question of taxation is referred, " to express an abstract opinion as to the expediency or inexpediency of imposing a duty." ' The proceedings in ways and means are the same as iu committee of supply or other committees of the whole. Changes in the tariii" are proposed in the form of resolu- tions, each of which must be formally adopted by the committee, and reported to the House.' Any motion or resolution moved in committee must be relevant to the suhj(M_'t-matter referred to it.' An amendment, of which notice has been given, on going into committee of supply, cannot be moved on the question for going into ways and means." IX. Reports of Committees of Supply and Ways and Means.— The English House of Commons rigidly observes the rule ' Sir R. Peel, Mirror of P., 1830, vol. 7, p. 1032; also Marcli 26th, 1833; August 7th, 1848; May 10th, 1849 ; :May 10th, 1864. Also 73 E. Haas. (3), 1052-56. - See ToJd, i. 714-72], for numerous cases in point. •K.'ommittee on a petition to impose a coal duty; Can. Hans. (1877), 380-398 ; .Tour. 91, HI. Also British Columbia tariff, Can. Hans. (1^77), .')32 ; journals, j\Iarch 7tli. Petroleum duty. Can. Com. J. (1S76), 233 ; Jh. (1877), 25 ; //*. (1878), 215 (coal duty). ' 239 E. Hans. (3), 556, 605. Can. Com. J. (1883), 207, 216, 228-234. U56E. Hans. (3)1473-4. « 261 //;. 474-6. REPORTS. 559 which requires that " the resolutions of the committees of supply and ways and means shall ])e reported on a day appointed by the House, but not on the same day as that on which they are agreed to by the committee " ' This practice is in accordance with the principle of giving every opportunity to the House to consider deliberately all measures relating to the expenditure or the taxation of the country. So strictly is this practice carried out in Euorland that when a resolution of this character has been received on the same day on which it was considered in committee, without anv "urGencv" having been shown, the House has ordered that this very irregular proceeding (as well as all the proceedings consequent thereon) be declared null and void, and the resolution in question reported en a future day.- In the Canadian House, however, at the close of the session, this wise rule is too frequently broken.' The resolutions from committees of supply and ways and means are read a first and second time, and agreed to, after the order of the day for reporting the same has been read at the table. The practice of the Canaaian Commons with reference to amendment and debate, at this stage, was variable up to the session of ISTT, when it was decided to adopt the English practice. The pro- cedure on the report of such resolutions is now as fal- lows : The order of the day having been called and read, the speaker proposes the question — That these resolutions be read a first time. This is a purely formal motion and is never discussed or amended. The speaker then pro- ' May,GSl; 129 E. Com. J. 107; 137 E. Hans. (3), 1639; Can. Com. J. (1S77), 51, 95 ; Jb. (18S3), 2l^0, 228. - loS E. Hans. (3), 1167, 120S. Here Lord Palmerston showed the wisdom of the rule. Only in oases of great rrgency will this rule be departed from. Since the revolution, only one instance has occurred in England, and that was in 1797, on the occasion of the mutiny at the Nore. 52 E. Com. J. 552, 605. » Can. Com. J. (1882), 500-505. See infra, 567. !l 1 f^i !-^!ii i-r 560 SUPPLY AND WAYS AND MEANS. ¥ poses the next question — That these resolntions be read a second time. ' The procedure at this stage with respect to amendment and debate, has been explained on more than one occasion by speakers of the English Commons. "When the question is put," said Mr. Speaker Denison, " it is open to any hon. member to make any general observations he may think neces- sary," - but they should be "relevant to the subject- matter." ' "With respect to amendment, Mr. Speaker Brand said on a subsequent occasion : "The established rule of debate is that the observations of hor.. members should be relevant to the question put from the chair. There is one exception to that rule, and that is, when a motion is made that this House resolve itself into committee of sup- ply ; upon that occasion irrelevance of debate — that is, debate not relevant to the subject-matter proposed to be discussed in committee — is allowed ; but I am not aware of irrelevant matter, generally speaking, being allowed upon any other occasion. No doubt considerable latitude of discussion has been allowed occasionally on the report of supply; but I kuow of no instance where an irrelevant amendment has been allowed on the motion that resolu- tions adopted in committee of supply be read a second time." ' If the House agree to read the resolutions a second time the clerk in the Canadian House will proceed to read each separately. The speaker puts the question for con- currence in each resolution, and both amendments and debate must be relevant to the same in accordance with English practice.' For instance, on the question for agree- 1 Can. Com. J. (1S7S), 249, &c., (supply) ; lb. (1S79), 193, (ways and means); lf>. (1890), 261, 366; Ih. 1891, June 26. In 1877 the question for the second reading was not regularly put, and an entry was made in the journals to guard against such irregularities in the future. Can. Haus. 1171, 1172 ; Jour. 97, 172, 224, 336. ■' 174 E. Hans. (3), 1550-52. ' 16? II' * 243 //'. (3), 622 ; 206 lb., 1367-8. 1549. 174 lb., 1551. DEBATE ON REPORT. 561 iug to a resolutiou providing a sum of money for printing, in connection with the Queen's ColLges (Ireland), Mr. Parnell was proceeding to discuss the general subject, when he was interrupted by Mr. Speaker Brand and re- minded that " on the question of a vote for stationery, it was not competent for him to enter into a general discus- sion on the subject of those colleges." ' In the Canadian Commons, on report of resolutions on the tarirt' from ways and means, the rule of relevancy is understood to apply to any amendment — even to an abstract resolution — relating to the tariff, or to the fiscal policy of the country, or laying down a new principle of commercial policy in opposition to that of the govern- ment of the day.-' Resolutions reported from committees of supply or ways and means are frequently postponed after they have been read a second time.' Or, on the reading of the order for the reception of the report, it may be referred back to committee for the purpose of making certain amend- ments.' Or the resolutions, as in 1879 — when the whole tariff was revised — may be all sent back to committee after the second reading."' Any resolution may be with- drawn on the second reading.'' ' 240 E. Hans. (I!), 348. Also 231 Il>., 749. For precedents of amend- ments and debate on reports of resolutions in English Commons, see 129 E. Com. J. 263 (supply) ; 115 E. Hans. (3), 1135, (ways and means); Mirror of Pari. vol. xiv.. p. 4722 (supply); 144 E. Hans. (3), 2151 (supply). In the last case mentioned, Mr. Gladstone moved, on the second reading of reso- lutions for supply, (navy estimates), an amendment looking to the reduc- tion ot the public expenditures. '■' Can. Hans. (1877) 1172. Sir Richard Cartwright's amendment in 1890 on the second reading of resolutions of tariff, Can. Com. J. 261. Also amendments proposed on June 26, and July 9, 1891, Jour, and Hans. ' Can. Com. J., (1874), 170 ; lb., (1877), 297 ; lb. (1886), 110; 119 E. Com. J. 324 ; 129 lb. 197; 131 lb. 60 ; 132 lb. 360. ' Can. Com. J., (1874), 144. 113 E. Com. J. 211. '•> Can. Com. J., (1879), 201 ; or before second reading, lb. (1890), 280. « lb. (1867-8), 94 ; lb. (1879), 411. In the English House it is usual " to disagree " with a resolution not to be proceeded with ; 129 E. Com. J., 100. 36 '^m in uiu 1 i \ '^H {! 1 ^1 M-.i*i|l| ^1 ^^K^^m Wiff\ 1 i ' '< 'f 1 A K' ' ^ f' ^K B r'A. '" '■':''! 'l 1 ;, Ji)i|iiiiHi 562 SUPPLY AND WAYS AND MEANS. f ■ Any resolution from supply may be reduced after report without going back into committee,' though it is some- times convenient to do so for that purpose.- AV'hen reso- lutions are reported, members are restricted to one speech on each question." It is not allowable at this stage — more than at any other — to increase or alter the destination of a grant of money, recommended by the governor-general.' But it is ahvays in order to propose an amendment dating the con- ditions under which the House makes a grant of money.' It is also quite regular at this stage to move an amend- ment to an amendment to a resolution." In case it is proposed to increase a grant, it can only be done with the recommendation of the Crown, and in committee of supply." The resolution is recommitted and the committee will report that a further sum has been voted in addition to that previou.sly granted. But unless the government signify the recommendation of the gov- uor-general, the committee cannot increase a grant.^ lu the session of 1883, when a report of the committee of supply was under consideration, it was pointed out that a resolution of $8,000 for the purchase of certain property required for government purposes did not represent the actual expense that would be incurred, but that the vote should be for $11,000. It was suggested that the premier ' 129 E. Com. J., 164; Can. Com. J., (1S73), 374; lb. (1878), 241; Ih. (1885), 619, 620. » Can. Com. J., (1873), 356, 371 ; lb. (1878), 249. •' Unless, as is sometimes done, it is agreed to allow the same latitude as in committee, for the convenience of the House. Can. Hans. 1878, May 2. * Mennonite grant ; Can. Com. J. (1875), 140. Can. Sp. D., No. 160,10th of June, 1869 ; No. 176, 6th of May, 1870. 148 E. Hans. (3), 392 ; 170 lb. 1884. This rule applies to all money resolutions reported from committee of the whole ; Can. Com. J. (1867-8), 390. 5 Mennonite loan, 1875 ; Can. Pacific R. R., 1876 ; 78 E. Com. J. 443. « Can. Com. J. (1875), 141 ; lb. (1877). 105. ^ 3 Hatsell, 179. « Can. Sp. Dec, No. 199 ; 11th June, 1872. INCREASE OF A VOTE. 563 give the recommeudatiou of the Crowu aud increase the vote before the adoption of this particular item of the report. On consideration, however, it vras seen that such a proceeding at that stage was irregular, aud the leader of the government stated he would bring down a supple- mentary vote for $8,000.' A precedent from English practice will show vrhat is the correct proceeding when it is necessary to increase a grant after report. In 1858, a vote of jei5,118 for the g< :!eral register house at Edinburgh was reduced by jC 1,000 in committee of supply. The sense of the House, however, on further consideration of the matter, being opposed to the reduction, it was agreed on the report of the committee to recommit the reduced vote. Subse- quently the vote was formally increased by the addition of c£ 1,000, and reported to the House.' Here,it will be seen, that the grant was not increased beyond the sum origin- ally recommended by the Crown. In the case which occurred in the Canadian Commons, the committee could not have increased the vote, had it been recommitted, until a message was received authorizing the additional sum required.' The most regular and convenient pro- cedure under all the circumstances was that finally pro- posed by the premier. On the same principle any increase in the imposts should be made in committee of ways and means.' But it must be remembered that it is always regular to pro- pose an amendment on the report from the committee either for the repeal or reduction of proposed duties, even when those duties are actually reduced below what they had been previously." Neither is it necessary to go back ' Author's notes. Can. Hans. (1883), 1316-17 (Rideau Canal Basin). ■' 113 Com. J. 211, 314, 320; 150 E. Hans. (3), 1502, 1585. ' Supra, 553. * Supra, 556 ; 155 E. Hans. (3), 991 ; 3 Hatsell, 187; 124 E. Com. J. 203; Can. Com. J. (1885), 587, 595 ; lb. (1890), 437. 'May, 685-7; 101 E. Com. J. 323, 335, 349. In 1880 the House went - . \-i '• :J I! ■ . ' ..i,-;ii: f li ■ 664 SUPPLY AND WAYS AND .yfEANS. into committee to strike off ceitain articles from the free list, provided the duty is left as payable under the existing law.' But every new duty must be voted in committee. So strictly is the rule enforced which "requires every new duty to be voted in committee, that even where the object of a bill is to reduce duties, and the ai?gre Can. Com. J. (1874), 241. Can. Hans. (1870), 180(i. * Can. Com. J. (ISSO-l ), 367. ^ lb. (1882), 492 ; lb. (188;i), 408. * But the practice is never to allow the committees of supply and ways and means to lapse, but to keep them alive to the very lae^t moment of the session. Can. Com. J. (1877), 341, 352 ; Jh. (1879), 384, 431. ^ Can. Com. J. (1879), 431. By some inadvertency, the supply resolu- tions were in 1877 (p. 352) referred to the committee of ways and means. Ap the House goes into that committee to provide the means to meet the sums already declared necessary for the public service, the reference was not only unnecessary, but without precedent. u< SUPPLY BILL 56T an address to the sovercii^ii — a subject which is raoro oon- veniently treated in the first section of the following chapter on bills. It is enacted in the supply bill that a detailed account of the sums expended under the authority of the act shall be laid before the House of Commons during- the first fifteen days of the following session of Parliament.' In the last section of this chapter will bo found a brief review of the law regulating th»5 mode of auditing the appropriations under the act. The Canadian House of Commons frequently allows the supply bill to pass two or more stages on the same day. In 1867-8, it was passed with intervals of one or more days betw^een each stage, and was amended in com- mittee of the whole. In 1869 and 1870 it i)assed several stages on the same day, and was never committed. In 1871, it passed its second and third readings on different days, but was never considered in committee of the whole. In 1877 and 1882, the resolutions from ways and means were at once agreed to, and the bill passed through all its stages at one sitting.' In 1878, 1879, 1884, 1885, and in subsequent years, it passed all its stages on the same day.' This practice is entirely at variance with the wise principle — a principle only to be relaxed in cases of grave public necessity — which requires the resolutions to be reported, and the different stages of the bill to be taken on difierent days.^ No instance can be found in the Eug- ' Can. Com. .T. (1883), 4:U ; 4(5 Vict- c. 2. " An act for {.'ranting to her ^lajesty certain sums of money required for defraying certain expenses of the public service for the financial year," i*ic. ■' Can. Com. J. (1877), 352, 353 ; Ih. (1882), 505. •'' In ISSf) the supply resolutions and tlio appropriation bill were passed with remarkable despatch, and the House prorogued on the same day. It was done to suit the convenience of the governor-general, who had made his arrangements for leaving the city for Quebec on the evening of the same day. Can. Com. J. (1886), 301-401. Such a proceeding is with- out parallel in the parliamentary history of Canada. * 131 E. Com. J. 62, 65, 67, 74, 76, 79, &c.; 239 E. Hans. (3), 1419. I i'lii i \ 568 SUPPLY AND WAYS AND MICAXS. lish jouruals of two stages of a mouey bill being taken at the same sitting.' Only two instances have occurred since 18^i7 in the Canadian House of an objection having been formally taktMi to immediate concurrence in the resolutions on which the supply bill is founded. One happened in 1877, and both speaker and House acquiesced in the force of the objection, as the motion for receiving the report of the committee w^as not pressed. Subse- quently, however, during the same sitting, the member who had interposed withdrew^ his objection, and it was agreed nem. con. to allow the resolutions to be reported and the bill to be introduced and passed forthwith.- Again, in 18T9, Mr, Holtou objected to concurrence in the report, and it was accordingly held over until next day.' It is now becoming unusual in the Commons to raise a debate or propose amendments at ditlerent stages of a supply bill, though it is perfectly regular to take that course. Many illustrations w^ill be found in the E iglish as well as in the Canadian parliament of the length to which a debate may proceed on a bill of this character. It has been ruled frequently in the English Commons that debate and amendmimts on the ditierent stages of the appropriation bill are governed by the same rule as is ap- plicable to other bills. For instance, w^ien a member was attempting to speak of the constitution of the country, he w^as at once interrupted by the speaker.* An amendment must be applicable to the bill or some part of it, and discussion thereon should not be allowed ' Mr. Speaker Brand, 2:19 E. Hans. (3), 1419. - Author's notes. No 'nention of the fact, strange to say, is made in the Caaadian Hansard. •' Can. Hans. (1S79), 12001-3. The haste with which motions involving piihlio exj)endiiure6 are constantly passed tliroiigh the Canadian House of Commons, particularly at the end of the session, has been frequently deprecated by prominent and experienced members. Mr. Holton, 6th of May, 1879, p. 1799 Hansard. * 231 E. Hans. (3), 1162. AMKSDMENrS TO .SUPPLY BILL. 569 the same latitude as ou the motion for going into com- mittees of supply and ways and means.' This rule, how- ever, does not " preclude a member from bringing a question of foreign or domestic policy before the House upon any stage of the bill, if it be a question that arises out of any of the votes thereby appropriated " ^ Much latitude, however, has always been allowed in the Cana- dian parliament. In the sessions of 18tJ8 and 1861) mem- bers of the opposition reviewed the events of the session at considerable length, and a debate followed on the motion for the third reading of the bill. In 1870 Mr. Mackenzie, then leading the opposition, refrained from making any remarks during the passage of the bill on account of the illness of the premier, Sir John A. Mac- donald.'' Since then, the old practice of raising discus- sions on the bill has only been followed at rare intervals. In 1879, a discussion of several hours took place on the Letellier affair, which had been referred to England.^ In a previous part of this work,'' reference has been made to a practice, which cannot be justified, of tacking to a bill of supply certain enactments to which the members of the upper House might have strong objection, but which they would feel compelled to pass rather than take upon themselves the responsibility of rejecting a money bill, and causing thereby grave inconvenience if not positive injury to the public service. No attempt has ever been made since the establishment of responsible government in Canada to renew a practice which was more than once attempted during the conflict between the assemblies ' 211 E. Hans. (3), 1555 ; 231 lb. 1118, 1158-62 ; 205 lb. 735-6. Can. Sp. D.. No. 77. ''Todd, i. 819-821; 143 E. Hans. (3), 643; 176 lb. 1859; 250 Ih. 967, 1232. ' Can. Pari. Peb. May 11, 1870. Amendmonts were proposed at different stages , pp. 1568-9. *Can. Hans. (1S79), 2011-2035. ' Chapter xiv., s. 6. ■ ii I: ' 4?i' f: \ i I i.:- i 570 SUPPLY AND WAYS AND MEANS. : 1 and legislative councils. "When recently it was proposed to move in the English Commons to instruct the commit- tee on the appropriation bill to add to that bill a provision altogether foreign to its subject-matter, Mr. Speaker Brand said: '' If such an inntruction were moved, I ishould not consider it my diit}' to decline to put it from the chair ; but I am bound to say that such a motion would be in the nature of a tack to a money bill. I can say positively that no such proceeding has taken place in this House for a period of one hundred and fifty years. The House of Lords has always respected the rights and pi-ivi- leges of this House, and has abstained from amending money bills. So in liko manner, has this House abstained from sending up money bills containing anytliing in the nature of a tack to a money bill." ' XII Supply Billin the Senate— The supply bill is sent up immediately after its passage in the Commons to the iipper House, where it receives its first reading at once. The bill is genr rally passed through its several stages on the same day, and is never considered in committee of the whole." It is usual, however, sometimes to discuss the various questions arisiuy, out of the bill at considerable length.^ The House of Commons alone has the constitutional right to initiate measures for the imposition of taxes and the expenditure of public money. The fifty-third section of the British North America Act, 186Y, enacts that " bills for appropriating any part of the public revenue, or for imposing any tax or impost, shall originate in the House of Commons." ' 1 256 E. Hans. (3) 1058 9 ; 1200-10. ' Sen. J. (1878), 293 ; Ih. (1879), 293; Ih. (1883), 292 (all its stapes on same day). In the Lords more time is given for consideration of the bill, and the question is always put whether the bill shall be committed, and resolved in the negative. Lords' J. (1877), 401, 405. ^ Sen. Dob. (1874), 359; lb. (1875), 750 ; lb. (1877), 487 ; lb. (1878), 983. A similar provision is found in the Union Act. 1840, s. 57. SUPPLY BILL JN THE SENATE. 571 In the speech with which the governor-general opens and closes every session of parliament, he recognizes the constitutional privileges of the House of Commons with respect to the estimates and supply ; for he addresses its members only with respect to those matters ' The supply bill can only be presented for the assent of the sovereign by the speaker of the House of Commons, and it will be seen by reference to another page that the short formal address which he makes on such an occa- sion, like the preamble of the English appropriation act, is an emphatic assertion of the sole right of the Commons to vote the money, and that the governor-general, in her Majesty's name, gives, in the form of his answer, a recog- nition of this claim.^ The Canadian Commons have resolved, and placed the resolution among their standing orders, that " all aids and supplies granted to her Majjesty by the parliament of Canada are the sole gift of the House of Commons " — a resolution taken from that passed by their English pro- totype more than two centuries ago.' The constitutional privileges of the Commons in this particular are now tacitly acknowledged by the Senate never attempting to amend the supply bill. H' any alter- ation is now made in a money or taxation bill in the House of Lords, it is only of a verbal and unimportant character ; but such an alteration is of very unusual occurrence, and so jealous are the Commons of even an appearance of an infringement of their privileges, that they will make a special entry of their reasons for accept- ing such amendments.' The supply bill when it comes back from the Senate bears the endorsement common to other bills " Passed by the Senate without amendment ;" '' • Sen. J. (1879), 298 ; 132 E. Com. J., 441. '' Infra, s. xiii. ' Chapter xviii., c. 2. ♦ 1112 E. Coin. J. 393; 122 lb. 426. See cliaj.ter xviii. on public bills, s. 17. •' Sen. J., (1879), 293. s • 1 I f:i! 572 SUPPLY AND WAYS AND MEANS. and the propriety of such an endorsation has even been questioned in the Commons ; but it is always considered a matter of form and is not noticed in the Commons journals. Thouo-h the upper House may not amend a supply bill, yet all the authorities go to show that theoretically it has the constitutional right to reject it in its entirety ; but such a right will never be exercised by a legislative body not immediately responsible to the people, except iinder cinumstances of grave public necessity.' Either the direct or indirect concurrence of the upper House in every grant of money is constitutionally requisite.- When the Crown sends down a special message to the Commons asking that provision be made for some matter not in- cluded in the estimates, it is usual to forward a similar message to the Senate.' It is a well understood principle that the consent of the Lords is indispensable to every legislative measure, whether of supply or otherwise, and it is desirable that they should have a full opportunity given them of considering the policy of all public expen- diture and taxation, after it has been initiated and passed in the Commons ' XIII. Royal Assent to the Bill.— The supply bill is always returned to the House of Commons,'' and is taken up to the Senate chamber by the speaker, when his Excellency ' IJlackstone's C, KJ'.t. DeLolme, book 1. c. 4- Cox on British Institu- tions. lSS-9 ; Todd, i., 808 ; seeintpra, 470, for a recent case of a supply bill rejected by the lejiislative council'of the province of Quebec. ■^ .^ee despatch of Earl of Bathurst, Aug. 31, 1817 ; Low. Can. Ass. .four. Garnean, ii. 334. ■' Hen. J. (1S(37-S), 212, 214 ; Can. Com. .T. 187, 201 ; relief to the family of T. D'Arcy McGee, foully assassinated during the session of parliament. Grant to Sir Garnet Wolseley, 1874, 218 E. Hans. (3), 022, 709. * Todd, i. 80() et seq. In 1879 resolutions setting forth the policy of the dominion government with respect to the Canadian Pacific K. R. were introduced and passed in both Houses. Sen. J. (1879), 27(3 ; Com. J. 417. " It is privately returned to the clerk, who hands it to the speaker. See 3Hatsell, lGl-2. " ROYAL ASSENT TO SUPPLY B11L. oV3 the Governor-General has summoned the Commons ibr the piupose of proroguing parliament. "When all the bills passed by both Houses have been formally assented to, or reserved for the signification of her Majesty's pleasure thereon, Mr. Speaker will present the supply bill with the usual speech. " May it plcjist your Excellonoy : The Commons of f'aniida have voted tho supplies reciuii'od to enable tlio i^overninent to dcfi-ay the expenses of the puijlic service. lu the name of tiie Commons, I present to your Excellency a bill intituled," etc' The clerk of the Senate will then proceed to the bar, and receive from the speaker the supply bill, with which he will return to the table ; and the clerk of the crown in chancery will then read the title of the bill in the two languages. This done, the clerk of the Senate siguilies the royal assent in the following words : " In her ^lujesty's name, his I-'.xcellency the (rovernor-General thap';s her loyal subjects, accepts their benevolence, and assents to this bill."'" XIV. Address to the Crown for a certain Expenditure, &c— It has happened on a few occasions in tho English House of Commons when the estimates had all gone through the ' In accordance with an old usage of the En<;li8h parliament (oHatsell, 1G3) the speakers of the legislative a8seml)lies of Canada were aocnstomed, before presenting the supply bill, to deliver an address directing the at- tention of the governor-general to the most importarit measures that had been passed during the session. Leg. Asa- J. (1805), 257 ; lb. (18CG), 386. On the -2nd of June, 1S54, when the legislature was suddenly prorogued by Lord Elgin, after only a week's session, the speaker took occasion, before tlie delivery of Ins Excellency's speech, to refer to the fact that no act had been passed or judgment of parliament obtained on any question since the House had been summoned a few days before; lb. (1854), 31 ; Dent's Canada, ii., 294. The last occasion on which the speaker availed himself of this old privilege was in 1869, and then lie made only a brief reference to the importance of the measures of the session ; Can. Com. J. (1869), 312. ^ Sen. J. (1890), 286 ; Com. J. 505. A similar procedure is followed in the case of any supply bill passed and assented to during a session. Can. Com. J. 1891,9th July. ( • 'i i ■n '\M ^\V 574 SUPPLY AND WAYS AND MEANS. " ■■'■ i committee of supply, and when iu consequence of the lateness of the session or for some other reason, it is not convenient to make a grant therein, or it is not possible to state the exact amount of money required, the House of Commons will agree to an address to the sovereign for u certain expenditure of public money, with an assurance that "this House will make good the same." This practice has been followed only on one occasion in the Canadian parliament since 1807 ; and that was at the close of the session of 1873, when the death of Sir George Etienne Cartier was announced. Sir John Macdonald, then pre- mier, moved an address to the governor-general praying that " he would be graciously pleased to give directions that the remains of the deceased statesman be interred at the public expense," and assuring his Excellency that " this House will make good the expenses attending the same." ' The course pursued on that occasion was in accordance with the precedents in the cases of Lord Chatham in 1778, and of Mr. Pitt in 1800, to whom monuments were voted by parliament.- But since that time the House of Com- mons has adopted a standing order requiring that all such addresses should originate in committee ; ' and as the Canadian rule is, in all unprovided cases, to follow Eng- lish usage the address for a public funeral to Sir G-eorge Cartier should obviously have been in conformity with the later English practice, and should have originated iu committee of the whole.* The right of a private member in the English Commons ' Can. Com. J. (1S73, first session), 430. •' 36 E. Com. J. (1778), 972 ; 61 lb. (1806), 15. Also Lord Nelson ; 61 E. Com. J. 16. •' May, 691. Sir R. Peel, 1850 ; 105 E. Com. J. 512. Vic. Palmerston, 1866 ; 121 E. Com. J. 100. Earl of Beaconsfield, 18S1, 136 lb. 230. * So particular is the English House in adhering to this practice that when an irregularity has heen discovered, the order for an address has been discharged and proceedings commenced de novo in a regular manner. See address for a statue to Viscount Gough, May, 692. 125 E. Com. J. 355, 362, 368. Also 98 E. Com. J, 321 ; 106 lb. 189. ADDRESS TO THE CROWN. 575 to move an address to the Crown for a grant of public money to be provided by parliament— such address as vv^e have just seen, to originate in committee — appears to be admitted by all the English authorities. The form of the motion " that this House will make good the same," makes the royal recommendation unnecessary.' When the House of Commons amended their standing orders, as they appear now, the chancellor of the exchequer recognized the right of any member to move an address — " the ancient and truly constitutional method of expressing the desire of the House, that some public expenditure should be incurred." The effect of such a motion is not ultimately to bind the House, but to throw on the Crown the responsibility of accepting or declining that address.- It must be remembered, however, that the express lan- guage of the 54th section of the B. N. A. Act, 1867, forbids any member in the Canadian Commons from moving for an address for a grant of public money, with- out a recommendation of the Crown.' It is still neces- ary, however, to insert the words, " that the House will make good the same," because the grant so authorized upon an address, must afterwards be included in a regu- lar bill of appropriation. In 1891, on the occasion of the death of the premier, Sir John A. Macdonald, the incorrect procedure of 1873 was avoided by the sejiior member of the cabinet. Sir Hector Laugevin, simply moving an abstract resolution that the remains of the deceased statesman should be publicly interred and the House would " concur in giving to the ceremony a fitting degree of solemnity and importance.^ ' Todd, i, 700, 701, 766. Also 221 E. Hans. (3), 766, where a member moved, on motion for going into supply, that the House go into com- mittee of the whole on a future day to consider the granting of a {tension, and to assure her Majesty that the House would make good the same. '' 182 E. Hans. (3), 598. But this right should only be exercised under peculiar and exceptional circumstances ; lb. 593, Mr. Gladstone. ' Supra, 531. ♦ See Can. Com- J. and Hans., 8th June. W I , 'M ■ ', ;r; ;!■ I 676 SUPPLY AXn WAYS AND MEANS. s 1 XV. Votes of Credit and on Account— Occasions may arise when parliament will be callod upon to give the govern- ment a vote of credit to meet a national emergency, and it is impossible to determine the exact amount that may be required for the public service. In 1885 parliament voted the sum of $1,700,000, "required for defraying certain expenses in connection with the troubles in the Northwest Territories." Such " votes " are brought down like all matters of supply with a message from the governor-general, passed in committees of supply and ways and means, and included in an appropriation bill, which is presented by the speaker of the Commons, and receives the formal assent of the governor-general like other supply bills.' The nature of the service and the amount probably required should be specified in the act. The amount should be limited, as nearly as possible under the circum- stances, to the necessities of the state, and should be fully accounted for at the earliest practicable moment. The strict auditing of all public expenditures now renders any abuse of a vote of credit almost impossible." Votes " on account of" particular services, now quite common in the English House, have only been necessary on one occasion from 1867 to 1891 in the practice of the Canadian Commons. On the eve of a dissolution, in case of a ministerial crisis, or at other times in anticipation of particular grants or classes of service, the imperial par- liament has allowed votes " on account." Such a course has now become necessary every session, " in conse- quence of the increased strictness in the audit of public accounts and the difficulty of securing the considera- tion of the estimates in due time." ^ " It is an estab- 1 Can. Com. J. (1885), 304, 305, 411, 445, 449, 680. See Todd, i., 757, 758; May, 680 ; 82 E. Com. J. 542 ; 115 lb. 142. The preamble of such bills is the same as in the general appropriation act ^Todd.i., 758-763,823. ^ May, 679. A UDIT OF A rPROlTJA TIOX ACCGUSTS. ^17 lished rule," says a high authority, "that a vote ou account should involve no new principle, but should merely provide for the continuation of services which had been sanctioned in the previous year ; and it is the practice not to take more than two or three months' sup- ply, except in certain particular cases of public emer- genity, so that the committee in agreeing to vote on account are not pledged to the estimates for the year in anticipation of the opportunity to be afterwards afforded of voting them in detail." ' In Canada, as the fiscal year ends on the 30th of June,- and parliament generally assembles in the month of January, or, at least, months before the appropriations for public services are exhausted, the necessity for votes on account can only arise under exceptional conditions. In 1891, parliament met on the 20th of April, and it became necessary when the first of July was passed to meet the exigencies of the public service. One tenth of the annual estimates was passed without discussion, and included with all the resolutions previously passed iii an appropriation act, which imme- diately received the royal assent. Subsequently one fifth was voted in the same way.' Finally the sums necessary to complete the amounts required for the service of the year were voted after the usual full discussion. XVI. Audit of Appropriation Accounts.— For the more com- plete examination of the public accounts and the report- ing thereon to the House, there is an officer, appointed under the great seal, called the auditor-general, who holds office during good behaviour, but is removable by the governor-general, on address of the Senate and House of Commons.' "When any sums have been voted by ' Todd, i., 760. 181 E. Hans. (3), 1780 ; 195 lb. 523 ; 197 lb. Irl40; 200 Ih. 1583 ; 205 lb. 1034 ; 211 lb. 1049. '^ The English financial year end** on the 31st of March. ' Can Com. J. and Hans., .July 3, 10 ; Aug. 21, 28. * 41 Vict, c 7. Rev. Stat, of Can., c. 29, am. by 51 Vict. c. 7. A sum- 37 ! ! i ic' ^ W Mi' (t; '1 ■ I 1 I. .,; i( i I !|v \l: 578 SUPPLY AND WAYS AXD ^fEA^f<. parliament for speoilied public purposes, the governor, from time tu time, issues his warrant, authorizing the minister of iinance to issue such sums as may be required to defray those expenses. The minister of finance will then, on the application of the auditor-general, cause credits to be opened in favour of the several departments or services charged with the expenditure of the moneys so authorized. These credits are issued on certain banks, authorized to receive publi«r funds, and the law provides a thorough system of checks over all payments for public purpo.ses. No credit can issue in favour of any depart- ment or service in excess of any vote sanctioned in the supply bill or any act of parliament. It is the duty oC the auditor-general to see that no cheque goes out unless there is a parliamentary appropriation for the same. He is to certify and report upon the issues made from the consolidated revenue fund in the financial year ending the 30th of June preceding, for the interest and manage- ment of the public funded and unfunded debt, and all other expenditares for services under control of the minister of finance. He certifies as to the authority under which these issues are made, and his report thereon is laid before the House of Commons by the minister of finance on or before the 31st January, if parliament be then sitting; ' if not, then within one week after the Houses have assembled.- The accounts of the appropria- tion of the several grants comprised in the appropriation, or any other act for the year ending the 30th of June preceding, are prepared by the several departments mary ot some of the more important provisions of this act follows in the text. • Can. Com. J. (1880-81), 40. Parliament met on the 9th of December, and the report was presented on the 14th of the same month. In 1891 parliament did not meet until April 29, but under the new regulations permitting the issue of blue books wlien ready for circulation {mpra,ii,i) the report was made public property in February. » lb. (1883), 28. Al'DlT OF API'ROI'IilATION ACCOUNTS. 579 eriior, ig the quired L-e will cause tmeuts moneys banks, roviiles L- public depavt- L in thi' duty of t unless ne. He "rom the : ending nninagt'- , and all of the luthority t thereon |inister of iment be after the [ppropria- ipriatiou, 30th of lartments Mlows iu the If December, Itli. I" 1891 regulations and transmitted for examination to the auditor-general, and to the deputy of the minister of finance, and when certified and reported upon, they are laid before the House of Commons. These accounts are carefully examined by the auditor, who, in his report to the House, calls attention to every case in which cheques have been issued without his certificate, or in which it appears to him that a grant has bemi exceeded, or that money received by a department from other sources than the grants for the year to which the accounts relate has not been applied or accounted for according to the directions of parliament, or that a sum charged against a grant is not supported by proof of payment, or that a payment so charged did not occur within the period of the account, or was for any other reason not properly chargeable against the grant. The act provides that if the minister of finance does not, within the lime prescribed in the statute, present to the House tJie report of the auditor on these or other accounts, the latter shall immediately trans- mit it himself to the Commons. All balances of appro- priations which remain unexpended at the end of the financial year lapse and are written oft", but the time for closing these ac<'Ounts maybe continued for three months from the 30th ot June, provided there is sufficient cause shown for doing so in an application to the governor in council. In case the money cannot be expended before the 1st of October, and it lapses accordingly under the law, a memorial may be addressed to the governor in council, setting forth the facts, and if it is found expedi- ent to authorize the payment of the money, a warrant is issued in due form. Special warrants may issue, when parliament is not in session and any expenditure not fore- seen or provided for by parliament is urgently and imme- diately required for the public good ; and a statement of all such warrants is laid before the House, not later than the third day of the next session.' As a rule, all grants » Can. Com. J. (1883), 47 ; 41 Vict. c. 7, s. 32, suba. 4 ; Rev. Stat, of i ;!■ 'i\m ARO srrrr.y and ways as'd means. not expended within the finaneial year, and still required for the public service, are re-voted, in whole or in part, in the estimates when they are brought down in the fol- lowini? year — the printed ( opie.s of the «'8timate8 havini^ a column, when neeest^ary, to indicate the amount of this rc-vote.' A detailed statement of nil unforeseen (Expenditures, made under order of council, is also laid before parliament during the first fifteen days of each session.- In the session of 1H80 the committee of public accounts, to whom the report of the nuditoM'''neral is always referred, considered several mattt'rs therein mentioned, and made the followincf, amoni^ other rec(»mmendatious, which were formally adopted by the House.' Onkrs conceruinii; Grants of Supplif. 1. Tlie (losciiptioM ol" tlio -orvi' for which a vote is givor* sheuM ho !is cletinite as is practicahle, so tiiat no oiio vote may he a])plicahlo to the saiiu' ])ui])n^o foi- which anotlioi" voto in ^ivon. 2. The tk'sci'iption of tlio suh-hcads into which votes aio divided should he as (ioHiiito as is practicable, so as to avoid questions as to the iiarticular suh-iiead U) which any particular item of expenditure should be chai'getl. 3. The bupiilemcntary votes ' should bo divided as near as may be into the same bUb-heads as the main votes to which they are bupplementary. 4. Where large votes aio taken, it is desirable to divide iheni Can. c. 129, s. 3!?. Tliis power uf issuing governor-general's warrants should be exercised witii great caution, and strictly within the limita- tions of urgency and necessity expressly laid down in the statute. See debate on this important subject in the Can. Hans., Aug. 27, 1891. ' See estimates for 1S83 in Sess. T. for 1882, No. 2. pp. 44-5, &c. ^ This statement appears in acconlance with the provisions of the appropriation act of every year- Can. Com. J. (1890), 17 ; 52 Vict-, c. 1. •'• Can. Com. J. (1880), 183. * The reference here is to the supplementary estimates brought down with, or subsequent to, the main estimates. Al'lUT OF M'I'HorniATION ACCOrSTS. 681 into Hub-hoiulrt, ,si> as to givo in tho OMtimates um much dotailoil itiluiimtioti as h poH.^ililo. 5. VotOh which aro iiitotjih'tl a-; i^ritnt-t to institutions or individuals should l)o distitictly so spociliyd ; and no vole should \w considorod as so intcinh'd utdos-. so spi-citii'il, 0. Tho supply hill should contain the suh-lieads of tho votes on which it is based. 7. It is the duty of tho»o rosj)onsible for tho estimates to maUo the calculations (»n which the main vote and its suh-rlivisions aie founded as carefully and closely as practicahlo, and theii- atten- tion to (his duty will ho increased by their licing cxpero, 207, li32. i i ! II 1. 1 CHAPTER XVIIL PUBLIC BILLS. ii' ! * I T. Kxplanatory. — II. Bills of appropriation and taxation must originate in tlie Commons. — IF Introilnction of bills. — IV. Bills relating to trade. — V. Or involving public aid and charges on tlie people. — VI. Second Reading. — VII. Order for committee of the whole — Vlff. Instruction)^. — IX. Reference to select committees. — X. Notice of proposed amend- ments in committee. — Xf. Bills reported from select committees. — XII. Proceedings in committee of the whole. — XIII. Reportsfrom such com- mittees.— XIV. Bills not referred.— XV. Tliird reading.— XVI. Motion that the bill do pass. — XVII. Proceedings after passage ; amendments; reasons for disagreeing to amendments. — XVIIL Revival of a bill tem- porarily superseded. — XIX. Introduced by mistake.— XX. Expedition in the passage of bills. — XXI. Once introduced not altered, except by authority of the House. — XXII. Correcting mistakes during progress. — XXIII. Loss of a bill by accident during a session. — XXIV. Once re- jected not to be again offered in the same session; exceptions to general rule. — XXV. Royal assent ; changes in governor-general's instructions as to reserving certain bills ; assent always f iven in the presence of the two Houses; cases of bills assented to by error.— XXVI. The assent in the provincial legislatures. — Practice of reserving and vetoing bills. — XXVII. Amendment or repeal of an act in same session. — XXVIII. Commencement of an act.— XXIX. The statutes and their distribution. I. Explanatory.- According to parliamentary practice a bill is an incomplete act of parliament. It is only when it receives the assent of all the branches of the legislative power that it becomes the law.' A bill is, generally speaking, divided into several distinct parts : 1. the title ; 2. the preamble and statement of the enacting authority ; 3. the body of the act, consisting of one or more proposi- tions, known as clauses ; 4. the provisions, and 5. the Sweet's Law Dictionary. Stejihen's Comui. ii, u97 d foj. PREAMBLE— ENA CTING A UTHORITY. schedules.' The provisos and schedules may not be necessary in every act, while public statutes frequently omit any preamble, or recital of the reasons of the enact- ment, and contain only a statement of the enacting authority. The Interpretation Act - provides : 1. "The following words may be inserted in the preambles of htatutOB and shall indicate the authority by virtue of which they are passed: " Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as fol- lows : 2. '• After the insertion of the words aforetuid which shall fol- low the setting forth of the considerations or reasons upon which the law is grounded, and which shall, with these considerations or i-easons, constitute the entire preamble, the various clauses of the statute shall follow in a concise and enunciative form." ' The only exception to this form of enactment is the preamble of the supply bill, which is in the form of an address to the queen : " Most gi-aoious Sovereign : whereas it appears by messages from his Hxcelleney the Governor-General, and the estimates accompanying the same, that the sums hereinafter mentioned are required to defray ceitain expenses of the public service of the dominion, not otherwise provided for, for the financial years, etc. '' May it therefore please your Majesty that it may be enacted ; and be it enacted by the Queen's Most Excellent Majesty', by and with ' See 46 Vict. o. 30 (Liquor License Act, ISS:?), vvhich contains all the parts of a complete act as given in the text. -' ol Vict. c. 1, " An act respectin>^ the statutes of Canada," Rev. Stat, of Can., c. i. ^ In acts of Ontario, Quebec, Manitoba, and British Columbia, her Ma- jesty's name is used as in acts of the dominion parliament. In Nova Scotia, New Brunswick and P. E. Island, bills are enacted by the lieut- nant-governor (governor simply in the former province) council and as- sembly. In the Northwest territories, ordinances are now enacted by the lieutenant-governor, by h.nd with the advice and consent of the legis- lative assembly (formerly with the consent of the council). Tlie same practice was followed in the legislatures of the old i)rovinces before con- federation. ! Hi f ,.f 684 I'UBLIC BILLS. Iv. tlie advice and coii.seiit of the Senate and llou.se of (Commons of Canada." This preamble appears in all bills of appropriatiou siuce the union of Canada in 1840,' and differs from the English form in similar bills since it does not assert in express terms the sole right of the Commons to grant supply. The preamble of the English act sets forth : '• "We your Majesty's most dutiful and loyal subjects, the Com- mons of the United Kingdom of Great Britain, in parliament assembled, towaivls making good the supply which we have cheerfully granted to your Majesty in this session of parliamenl, have resolved to grant unto your Majesty thc^ sums hereinafter mentioned, and do therefore most humbly beseech your Majesty that it may be enact ed ; and be it enacted by the Queen's Most Excel- lent Majesty, by and with the advice and consent of the Lords, s])iritual and temporal, and Commons," etc. It will be seen that the form of the enacting authority is substantially the sinne in each, and differs from that of bills in general since it contains a prayer to her Majesty, that it may be enacted. This form appears to be derived from the old practice of the English Commons centuries ago, when bills were presented in the shape of petitions to the king. While the language of a petition is still retained as above in certain bills', the declaration of the advice and consent of the two houses of parliament has been added in the course of time in accordance with the modern form of statutes.- ' Before tlie union,tlie preamble in appropriation acts of tlie old assem- blies of Lower and Upper Canada contained no reference to the trover- nor's message, but this was the onlj' difference in form. Upp. Can. Stat. 3 'tVill. IV., 0. 2(j; Low. Can. Stat. 41 Geo. IIL, c. 17. After the union, the messages of the governor-general, recommending supply, were always mentioned in the preamble of the act ; Can. Stat. 4 and 5 Vict. c. 12. ''■ See on this subject.which is interesting to students of legal archteolof^y , an elaborate preface by Owen Rutfhead, to the first volume of his edition of the statutes at large. Towards the close of the reign of Henry VL, bills in the form of acts, according to modern custom, were first imro- dueed. Cushing, pp. 71)(.i, 819 ; Stephen's Comm. ii., 399. MONEY OR TAX BILLS. 585 Bills are divided into two classes. The first class com- prises all bills dealing with matters of a public nature, and may be introduced for the most part directly on motion. The second class comprises such bills .is relate to the affairs of corporations or of individuals, and can be presented only on the petition of the parties interested, and in conformity with certain standing orders which are always strictly enforced. It is i)roposed in the present chapter to deal exclusively with public bills. Another part of this work will be devoted to the rules and prac- tice governing the introduction and passage of private bills. II. Appropriation and Taxation Bills -As a general rule, pub- lic bills may originate in either House ; but whenever they grant supplies of any kind, or involve directly or in- directly the levying or approprif»tion of any tax upon the people, they must be initiated in the popular branch, in accordance with law and English constitutional practice.' Section 53 of the British North America Act, 1807, ex- pressly provides : " liills for appropriiitini^ any part of the j)ul)lii- rovoniie, or for imposing any tax or impost shall originate in the lioiiso of Com- mons." And a standing order of the House of Commons declares explicitly : '' All aids and wupplies granted to her Majesty by the i)arlia- mont of Canada are the sole gift of the House of Commons, and all bills for gi-anting such aids and supplies ought to begin with the House, as it is the undoubted right of the House to direct, limit, and appoint in all such bills, the ends, ])urposes, considera- tions, conditions, limitations and qualifications of such grants which are not alterable by the Senate." '^ II t i' Ml' n: it ' 3 Hatseli, 126, 154, 155, &c. Bramwell, i. 150. ' This standing onler is literally taken from the Eagllsli resolution of 3rd of July, 1678 (9 E. Com. J. 235, 50l>). It was amended by the English 586 PUBLIC BILLS. I i h i i If any bills are sent down from the Senate with clauses involving public expenditures or public taxation, the Commons cannot accept them. Such bills may be ordered to be laid aside.' The same practice is also strictly carried out in the case of amendments made by the Senate to Commons bills. Latterly, however, it is not always usual to lay such bills immediately aside, but to send them back to the Senate with reasons for disagreeing to such mendments, so that the Upper House may have an opportunity of withdrawing them." As an illustration of the strictness with which the Commons adhere to their constitutional privileges in this respect, it may be men- tioned that on the 23rd of May, 18^4, a bill was returned from the Senate, with an amendment providing for an in- crease in the quantity of land granted to certain settlers in the Northwest. The premier and other members doubted the right of the Senate to increase a grant of land — the public lands being, in the opinion of the House, in the same position as the public revenues. The amend- ment was only adopted with an entry in the journals that the Commons did not think it " necessary at that late period of the session, to insist on its privileges in respect thereto, but that the waiver of the said privileges was not to be drawn into a precedent." ' Many other entries will also be found of the House accepting Senate amendments, rather than delay the passage of a bill at an advanced Commons in 1860, when the Lords rejected the Paper Duties Repeal Bill so as to assert more emphatipally the constitutional rijrhts of the Commons in tliis particular. 159 E. Hans. (3). 1383; May, ()4C50; Todd, Pari. Govt, in England, i., 810. The same resolution always appeared among the rules of the old legislative assemblies of Canada. Low. Can. Ass. J. 19th April, 1793. Leg. Ass. J. (1841), 43. ' Kailway Audit Bill (1850), 105 E. Com. .T. 458 ; Parochial schoolmasters (Scotland Bill), 1857; 112 //-. 404. May, 643. ^ Can. Com. J. (1873), 429-30, Quebec harbour bill. The Senate did not insist, 431. 13 E. Com. J. 318 ; 105 //'. 518. ' Can. Com. J. (1874), 336. Since then all grants of public land are initiated in the Commons. See infra, rECUNfARY PENALTIES AND FEES. 58t period of the session,' It is quite regular, however, to agree to araeudments which " affect charges upon the people incidentally only, and have not been made with that object." ' In order, however, to expedite the business of the House, the Commons have adopted the following rule : " 90. The House will not insist on the privilege claimed and exercised by them of laying aside bills sent from the Senate because they impose pecuniary penalties ; nor of laying aside amendments made by the Senate because they introduce into or alter pecuniary penalties in bills sent to them by this House. Provided that all such penalties thereby imposed, are only to punish or prevent crimes and offences, and do not tend to lay a burden on the subject, either as aid or supply to her Majesty, or for any general or special purposes by rates, tolls, ashcssments or otherwise." The foregoing rule does not, however, as clearly state the actual practice as the English standing orders. Under these the House does not insist on its " ancient and un- doubted privileges : " "1. When the object of such pecuniary penalty or forfeiture is to secure the execution of the act, oi* the punishment or pre- vention of offences. "2. Where such fees are imposed in respect of benetit taken, or service rendered under the act, and in order to the execution of the act, and are not made payable into the treasury or ex- chequci", or in aid of the public revenue, and do not form the ground of the public Jiccounting b}'^ the parties receiving the same, either in respect of deficit or surplus. "3. When such bill shall be a private bill for a local or per- sonal act." ' 1 Can. Com. J. (1867-8), 41S, 420; Ih. (1873), 319. In cases where the amendments do not infringe materially on the Commons' privileges, it is also usual in the English Commons to agree to them with special entries. 80 E. Com. J. 579, 631 ; 122 ]l>. 426, 456. ^ 3 Hatsell, 155 ; E. Com, J., prisoners removal bill, 1849 ; industrial schools bill, 1861. ■' 104 E. Com. J. 23. See debate in Senate on marine electric telegraph *! iw '.'yi H ! i 588 F CD Lie BILLS. ;\ On the same principle the Lords or the Senate may- originate bills applying the money of public corpora- tions, or any moneys which do not form part of the public revenue or arise from public taxation, and which are Bot part of the consolidated fund and in the treasury. In 1878 a bill applying a million of pounds from the surplus revenues of the disestablished church of Ireland to inter- mediate education was received from the Lords and passed the English Commons without objection.' It is frequently found convenient to introduce bills in- volving public expenditure in the Senate, and in such a case, the money clauses are embodied in the bill as pre- sented, in order to make it more intelligible. When the Senate goes into committee on the bill, these clauses are ordored to be left out. They are printed in red ink or italics in the engros'^ed bill sent up to the Commons, and are technically supposed to be blanks. These clauses are always considered in a previous committee by the Commons, and then regularly referred to the committee of the whole on the bill.- In the same way, resolutions imposing a tax or duty must be alone considered by the Commons, and referred to the committee on a Senate bill.^ in. Introduction of Bills.— In the Senate it is not necessary to give notice, or ask leave to bring in a bill. Their rules provide : bill, 1875, pj). 422-3. Also private bills, infra, chap, xxi., s. i., wliere it is shoAvn that the Senate may pass rates of tolls. 'May, 522; Ecclesiastical Commissioners (England) Bill, 1843 ; Waste Lands'(Australia) Bill, 1846. * Census and statistics bill, 1879. Sen. Min. of P., 144, 148 ; clauses 22i 23, 24, 37 ; Com. J., 160. County court judges bill, 1882 ; Sen. Min. of P., 108, clauses 10 and 11 ; Com. J., 370-71. See also the journals of 1883 for civil service act, superannuation act and penitentiaries act. For a some- what similar procedure in the English parliament, see British North America act, 1867, introduced first in Lords; and Probates act, 1858. ^ Copyright bill (1872), 285. In this case the duty was imposed for the benefit of owners of British copyright works. Waste ^uses 00. lin.ofP., |l883 for a some- li North 558. for the INTRODUCTION. 589 HO. " It is the right of every Senator to bring in si bill." 40. " Immediately after a bill is presented, it is read a first time and ordered to be printed." ' On the other hand in the House of Commons it is or- dered : 30. " Every bill shall be introduced upon motion foi- leave, specifying the title of the bill ; or upon motion to appoint a com- mittee to prepare and bring it in." In accordance with this rnle, every member who wishes to introduce a public bill, must give two days' written notice of its title,- which appears in the votes and since 1880, on the orders of the day. ' If the notice is not given, it is open to any member to object to the introduction of a bill, and the speaker will sustain the objection.- When the two days' notice has been given, the member in charge of a public bill rises as soon as motions for public bills are called in the course of the day's routine proceedings, and moves formally for " leave to introduce a bill, in- tituled, etc." He sends to the speaker the motion in writing with a copy of the bill. The speaker will then propose the question. " Is it the pleasure of the House that the honourable member have leave to introduce his bill ?" ' But if the speaker finds that the bill is " in blank or in an imperfect shape " he will decline to put the question and will return the bill to the member who must take another opportunity of bringing it up in con- formity with the rules." It is usual on the introduction ' Similar practice in Lords; 3 E. Hans. (3), 24; 13 lb. 1188. Sen J. (1878), 88. -■ K. 31 ; supra, 368. ■' Can. Hans. (1880), 79 (remarks of Mr. Helton). Private billB are called when " motions ' are reached; they require no notice on the paper, as the petition, which is reported on by the Standing Orders Committee is the notice ; infra, chap, xx., s. 6. Public Bills are now introduced when the speaker calls for the " introduction of bills "—the proceeding following " motions " of a general character. * Can. Hans. (1678), 2226. Building societies bill (proposed introduc- tion irregular). * R. 40; Can. Speak. D., No. 50; Can. Hans. (1878), 1583. IM •f.«!' 1k m 'I Ir |i i§ 690 PUBLIC BILLS. of a bill — on the motion for leave — to explain clearly and succinctly its main provisions ; ' but it is not the practice to debate it at length at that stage, such discussion being- more properly and conveniently deferred to the second reading when the bill is printed and the House is in a position to discuss its principle. Sometimes, however, a short discussion may arise on some features of the bill on the motion for its introduction, as there is no rule to pre- vent a debate.- At this stage, it is within the right ofany member to submit an amendment to the motion for leave, and even to alter the title of the proposed bill,' though such a course is very seldom followed. As in England, it is now a very rare thing for the House to refuse leave, though, of course, it rests entirely in the discretion of the majority to do so." ' When leave has been formally given the speaker will propose the next question in accordance with rule 42 : "When any l)ill 8hall be presented by a member, in piirsiuancc of an order of the House, or shall be broughtfrom the Senate,the question, ' That this bill bo now read a tirst time,' shall bo decidod without amendment or debate." Thereupon one of the clerks will read the title of the bilx in English and French, in accordance with the modern practice which does not require a reading in extenso.' ' 159 E. Hans. (3), 360, 762; 218 lb. 1699, 1706 ; 144 lb. 329, 422; Cuii. Hans. (187«), 1582-15S4; Sen. Deb. (1878), 160. ^ 219 E. Hans. (3), 379; 144 lb. 422-450 ; Sen. Deb. (1874), 112-119. •' 107 E. Com. J. 68, 131. On the 20th of Feb., 1852, tlie title of the militia bill was amended in this way, and the ministrj', of which Lord John Russell was premier, resigned. In 1884, in the Canadian Comnioiis, an amendment was made to add words to the motion for leave, with the view of condemning the proposed legislation ; Independence of parliament amendment act, 4th March. * Evidence of Sir T. E. May before Com. on public business, 22nd of March, 1878, pp. 13, 15. 70 E. Com. .J. 62 ; 71 lb. 430. ^ The ancient usage of the English Parliament was to read bills at length, but according as printing was freely used in the proceedings of the Houses, the practice became obsolete ; and it is now considered quite sufficient to 22; Can. le of tbe lich Lord omnions, with the irliameut BILLS AFFECTING TRADE, 51)1 Though no ameudmeut or debate is permissible ou the questiou for reading the bill a lirst time, it is quite regular to divide the House thereon.' IV- Bills relating to Trade,— But here it is most convenient to direct attention to the important fact that all public bills cannot be iutroduced directly on motion in the way just described. Bills relating to trade, or involving- expenditure and taxation, must be initiated in commit- tee of the whole before the House will give leave for their introduction. Rule 41 of the House of Commons provides : " No bill relating' to trade or to the alteration of the lawri con- ceinin^" trade, is to be brought into the House, until the proposi- tion shall have been tirst considered in a committee." It is quite allowable, however, to introduce bills relating to trade in the Senate, without previously considering the subject in a committee of the whole.- The rule, as generally understood in the Canadian House — and English practice bears it out — simply requires the House to go into committee to consider a general proposi- tion, setting forth the expediency of bringing in a measure on a particular question affecting trade.' The object of read a bill in short, that is by the title. 17S E. Hans. (:-]), ISl ; 192 Ih. o22. For the first time for many joars, a bill w.-'.s read at lenoil in c'Oininittco. JMlls ros])octiiig thu culling mid moaHUivnioiit of timitoi* should originato in coniniilti'e of the whole. ^ Mills icspoi-t- ing ])atoiils ' and copyright' havo hoon ])rt'Hi'nted witiioul aconi- niittoo. Bills rcspt'c-ling hills of exchange and proniJHsory notes need not originate in conunittcc of the whole, uidess they ini|)ose 8tami> duties.' A hill to i-egulate the sale and disjjosal of hotllos used in the manufuclui-e of mineial watei- and other drinks has not been alloweil to pass a secoml reading Ijecauso it was not connnenced in committee of the whole.'' A hill to ])reveiil fraud in the sale of agrirultural fertilizers has oi-iginated in com- mittee.' Bills to regidate genei'ally the sale or ])rol>iltit the traflic in into.xicating licjuors should originate in committee;' but bills which ])rovent li(|Uor tiatfic on Sundays" have been re- garded as measures of jiuhlic concern and order, which do not ' Can. (V,ni. J. (1S7;',). 2?,; Ih. (1S77), 117, lis, 2l'l>. - Can. 8i)eak. ]>., No. 104 ; Can. Com. .1. (iS77), L'07. " Can. Com. .1. (1S7.".), l(i(>. In 1S72 a bill to amend und con-si i patent laws wa.s based on resoliUinn; and siilweiiuently the .same tion was referred to tlie committee on the liill.on tiie ^.Tound, apparently. that it imposed fees This wan clearly an irre^'uhirity ; anl'\) was brought from the liords with foes provided in schedule. A resohition to impose, duties on stamps was only consiilonvl in committee and referreil to tiie committee of the whole on the bill. * Mirror of P., 1.S40, p. 1110 ; 129 E. Com. .T. 2S7. •' Can. Com. J. (1870), 33,03; Il>. (1H72), 125; lb. (1873), 41, 175. Also in 1874, 1875, 1879, 1SS2. See Can. Hana., April 24, LS78. " Can. Com. J. (1S78), 14(i. ' Jh. (1884), t)5. « 125 E. Com. J. 62; 129 fh. 31, 49, 109, 158 ; 132 P>. 11, 12 ; Can. Speak. r>. 22; Leg. Ass. J. (1S55), 957-8; Can. Com. J. (1883), 377- In the last case, the liquor license bill was framed in a select committee and reported to the house ; but it was thought exjjedient to comply with tlie ex{)ress terms of the rule and first pass a resolution in committee of the whole before formally bringing in the bill. Hans. 234 (Mr. C^asgrain). In 188-5 a bill to suspend certain portions of the Liquor License Act of 1883 wiis initiated in committee; Can. Com. J., 322. » See FInglish Commons journals for 1855, 18(i3, 1868, 1878, 18S1, &:c. BILLS AITi:CTL\G TUADK 605 iionl of csjiort- II com • y notert nn])oso ' boUlcs inks \\n-^ was not pievonl I \\\ com- liil.it the iiniUoe/ L> l)cen ro- • h ilo not (•nn«' ' ivnie appannitly. ideed it was iinposin-'. port'oi'iii'^'l. i Vict..^-.^:^ Iprovitli^'^ ill ,' consi 125 E. Com. .1. 300. « 125 lb. 1S7. • Can. Com. .1. (1876), 248-9. " lb (1880), 154-5; lb. (1885), 277. « lb. (1886), 125. '" 72 E. Hans. (3) 286. " Can. Com. ,T. (1884), 177, 188. When the bill imposes license dues, it originates in committee; lb. (1877), 155. f I I'M ; 1 M . . 1 1 i .;ii: '!! \i 596 PUBLIC BILLS. H '\ : ■}■ Senate, for the reason as stated by Mr. Speaker Denison : " The object of the rule that bills relating to trade should be founded on a resolution of a preliminary committee is in order to give opportunity for a fuller discussion and a wider notice to the persons interested. These objects have been already secured by the proceedings in the other House." ' When resolutions relating simply to trade have been reported from committee of the whole, they may be at once agreed to, and the bill introduced in accordance therewith.-' The rule requiring the adoption of resolutions on another day only applies to money or tax resolutions. ' V. Bills involviagPublic Aid or Charges— It is the invariable rule that all measures involving a charge upon the people, or any claiss thereof, should be first considered in a com- mittee of the whole. Rule 88 orders : '' If any motion be mado in the IIoii!ecuuiary penalties neces- sary to the operation oi' a bill.' In the Canadian House it is the practice to consider all fees ami expenses imposed by a bill previously in a committee of the whole ; " but such bills are received from the Senate in conformity with the En*^lish practice which allows the House to accept any clauses from the Lords which refer to tolls and charges for service performed and which are not in the jiublic lands in aid of its object should ori>:iiiiito in (•onunittee of tlio wholo. Oil the 7tli March, IS78, resohitious irrantinjr ('(-rtain UuhIh for rail- way construction wore reforre; fh. (ISi)O), 4(i5. When a momher has projiosed an increase of the irrant, lie has been rnled out of order; //.. (1S85 ,. t)'J(i, (\'27. '' Trnro & Piotou l^ li. ("an. ("om. J, 1S77, pp. JM, 1:54. •'English S. ()., L'Oth of March, 1707. See Can. Com. J. (188!»), 31!) ; mpra, h'M\. * 174 K. Hans. (3), 1700-1. Can. Com. .T. (1870), 283. In 188(i, a bill, in effect increasing; the indemnity to members was not allowed to proceed; Can. Han«., 38. The same occurred in case of another bill that propost^d to give [xnver to assess otiicials of tiie dominion government. //'. (188i)),:i(i7 •' I'ost-ollice act, 18(17-8, s. 81, tVc. ; wharves and docks bill, 187.") ; gaminir liouses bill, 1877. In Kn^land same ])rai'tice obtains; jwtroleum bill, 1871 ; actirranting certilicatee to iHvldlers, 1870 ; small imnalties in Ireland bill, 1873, etc. « Can. C"om. .T. 11874), ia\ election law; //-. (1870), 83; 7A. (1879), "JaS- 55, 34ti-7, :>(>8. It was a practice in the Canadian House in the case of bills containing clauses imposing fees and charires which go into the treasury, to consider such clauses in a itrevions committee and to refer them, when ajireed to, to the committee on the bill. Can. Com. .1. (l'^70), 2412,314; Ih. (1872), 254. niLLS IMl'OSINd CHARGE}^. 509 nature of a tax.' The correct practice, as iu the English Commons, is not to require a previous committee when the hill exacts lees for services performed, and when they are not payable into the treasury or in aid of the public revenue. For instance, the "act to regulate expenses and control charges of returning ollicers at parliamentary (jlec- tions" (3S and 80 Vict., c. 84 Imp. Stat.) contains a schedule of charges and expenses, which was not previously con- sidered in committee.- But when any payment is made out of the consolidated revenue fund, or out of moneys to be provided by parliament, the clauses providing for such payment must be lirst considc^red in committee. Under the act Just cited, the candidat«'s pay expenses ; but in another a(;t providing for the trial of controverted elections by judges, the clauses paying judges and ex- penses were lirst «onsidered iu committee, as such pay- ments are made out of the public funds.' The following precedents illustrate the correct practice in cases of fees: In IHSo, \,\w liifiuor Licoiiso Act cotiliiiiitiil ii clause provuliiit^ for tho payinont of (•((rUiiii foos l»y por.sctns rocolvin^ licensos iiiulei- the jict. Those foos, togetlior with tinos ami puiialties, form !i license fund, ap|)lie(l, under reijulations of the governor in council, for the payment of the salaries and oxponHCH incurred ' .S'»/)n(,nS7. Patentbill, lS(i!l; trade mark.s and dcKi^rns bill, ]S7(). For IiniHjrial acts, sec i)atent law amendment act, 1S.')L'; also, l(j and 17 Vict, e. 7S, commissioners under act relative to ai»pointment of j)er«ons to a«l- minister oaths in chancery, &c. ; also Jlo Vict., c. 1, s. ."i. Dom. Stat. ; also Eiifrlish railway bills injjiosint; rates of tolls, 8 and !) Vict, c. 10, s. 90; 'Jl and '2'1 Vict., c. 75. • See also " Act ^rantin^ certificates to peddlers," in which fees are i)aitl to police authorities; 1-5 K. Com. .1, ."^09; also 29 and .'JO Vict., c. I'O, a8ses.s- in^' railways by commissioners for special purposes ; also sec. 11 of 9 and 10 Vict, c. 105; 11 and 12 Vict., c. 48; 12 and 13 Vict., c. 77; also joint stock companies act, -10 Vict, c. 43, s. 74, Dom. Stat. ; also railway acts of 18(1S and 1S79 reipiirinj!; a payment of ."?10 for each mile for a fund for the purposes of the acts; also Dominion i^ands Act, 18S(», allowing fees for services performed ; also 151 Iv Hans, (o), IGOl ; corrupt practices prevention bill, 1S5S. ' 123 E. Com. .1. 109, 312. !|i ; III I i>i .(, '!' ill- II I 600 PUBLIC BILLS. under the law, and any residue was to be handed over to the treasurers of the various municipalities, except in the case of un- organized districts, where it should be paid to the receiver-gene- ral. As these fees were only necessary to the execution of the act, and were not intended to be in aid of the public revenue, no previous committee was requii-ed.' In 1890, a bill to amend the Adulteration Act contained a schedule of fees, but they were only in effect fines or penalties on the seller of adulterated goods, and in any case the governor-in- council had already ])Ower under the law to impose such lines, and the bill merely fixed the amount. ' On the othei- hand, in 1885, a bill provided a salary for a harbour master at the port of Halifax, to be paid out of tho fees received by him. It was based on a resolution which passed in committee of the whole and previously received the recommenda- tion of the governor-general, since it used the public funds — all the fees in (question being made payable under the existing law into the public treasury.' Clauses in a bill, gi-anting costs against the Crown or revenue officers will not bo entertained unless authorized by a prelimin- ary committee.' A bill to enable the government to take ground for public purposes, but not providing the funds for the same, need not originate in committee of the whole. The funds should be voted afterwards in committee. ' It has also beeu held that a bill merely declaratory in its nature, and involving no new charge, need not originate in committee of the whole.'' Neither is a com- mittee necessary in the case of bills authorizing the levy ' 46 Vict., c. 30, 8. 50, &c. ■■'See 53 Vict., c. 2G,sclied. 1. •' Can. Com. J. (18S5), 433, 441. See Ih. (1872), 170, ISS ; also. Ik (1888) 271 ; fees in this case under tlie Territories' real property act being made payable into the treasury. * May, 5G4 ; 100 E. Hans. (3), 1593. •' Public offices (site and approaches) bill, 177 Th. 1301-1308. " Bill to remove doubtii a.s to the liability to stamp duties of premium notes, taken or held by Mutual Fire Insurance companies. Can. S[)eak. D 183. See also i)romissory notes bill. Can. Hans., April 24, 1878. BILLS IMPOSING CHARGES. 601 or application of rates for local purposes by local authori- ties acting in behalf of the ratepayers.' Nor does the rule apply to bills imposing- charges upon any particular class of persons for their own use and benefit.- Nor to bills indemnifying members for penalties they may have incurred for the violation of an act.' Nor to bills having for their object the diminution or repeal of any public tax,' provided such bills do not atfect trade; and then they come under the special rule on that subject. As an illustration of the strictness with which the Canadian Commons observe the rules respecting trade, it may be mentioned that in the session of 1871, the House went into committee on resolutions to exempt parafine wax, lubricating oil, and other articles from excise duty, and to reduce that duty on certain articles in the province of Manitoba. "When the House had agreed to these resolu- tions, a bill was brought in ; but before it had gone through committee, it was considered advisable by the government to reduce the duty on certain spirits manu- factured from molasses in bond ; and accordingly resolu- tions were passed in committee, and when adopted by the House, referred to the committee on the foregoing bill.' No previous vote in committee is necessary in the case of bills authorizing payments out of moneys already appli- cable to such objects," nor in the case of bills appropriat- ing the proceeds of an existing charge." Bills consolidating and amending statutes are frequently brought into the House with clauses containino- charges • S4 E. Com. J. 233; 94 //;. 363; 151 E. Hans. (3), 1519 ; 174 lb. 1701. '' 103 E. Com. J. 57 ; 105 lb. 54 ; May, 530. •'• 175 E. Hans. (3), 83. See Dom. Stat. 34 Vict. c. 2 (indemnity act). * E. Com. J. 1860 ; Pai)er duties bill; lb. 185S, bill to reduce duties on passports. Can. Com. J. (1SS2), 87; bill to rejieal duties on promissory notes. •' Can. Com. J. (1871), 119, 120, 234. « Public works (I.) act, 9 Vict. c. 1 ; May, 534. " Thames embankment bill, l--i62 ; lt;5 Hans. (3), 1826. ^ ' 'I'll I ' ii I U.l 602 J'lWLlV nJLLS. f i oil tho public revenue, but it is only whoii these clauses imi)ose new burthens that it is necessary to consider them first in a committee of the whole. For instance, in the session of 1883, the House passed " an act consolidating^ and amending the several at is relating to th.' militia and det'enco of the dominion." The bill, as introduced, con- tained two classes of clauses alfecting the public revenue : 1. Clauses taken from existing statutes. 2. Clauses entir»^ly new. As to the second class, there was no doubt that they imposed a new burthen, and consequently resolutions were at once iiitrodu»^ed with the recommendation of the governor-general, considered in committee of the whole, and when agreed to by the House, referred to the com- mittee on the bill. With respect to 'he first class of clauses, they re-enacted simply the existing law and did not create any new charge on the treasury ; and accord- ingly no previous committee w is considered necessary. The object aimed at in such bills of consolidation is to give the old law in a new and more convenient form of reference ; and certain charges were merely continued, in the bill in question, in accordance with law at that time in force. The last clause of the act, in fact, expressly declares : "This act shall not be construed as a new law, but as a consolidation of so much of the said act as is hereby re-enacted." ' VI. Second Reading- — With these explanations as to certain preliminary proceedings necessary to the iiitroduction of public bills, we can now refer to the difi'erent readings and stages through which a bill must pass before it be- comes law^ When the House has agreed to give a fir^^t reading to a bill, the speaker will at once proceed to propose the next motion : ''When siiall the bill be read a .-^ocon'l timo?" ' 40 Vict., e. 11, ss. 28-45; ("an. Com. J. (188;]), 220. SECOND RKA DISG. 603 [lii to a le next This motion passes almost invariably nemine rnntrndicente, as it is a purely formal motion, propos d with the object ol" placing the biU on the orders lor a second readinc, when all discussion can most regularly and conveniently take place ; but though it is unusual to raise a debate on th<' merits of the bill on such a motion, yet it is perfectly in order to divide the House on the question as at any other stage of a measur*».' When the bill comes up for consideration in its proper course, one of the clerks at the table will read the order aloud, and the member in charge of the measure will then move its second reading — a motion which does not n'Cjuire a seconder, according to strict lilnglish usage." The member should take care to inform himself whether the bill is printed in the two languages, as that is abso- lutely necessary at this stage.' The letters E. F. on the order paper will show whether that has been done. If any objection be made on that ground, it will prevent the bill being taken up for its second reading on that day.' But if the motion has been made, and a debate allowed to proceed thereon, it will be too late then to raise an ob- jection as to the printing in French." The second reading of a bill is that stage when it is proper to enter into a discussion and propose a motion re- lative to the principle of the measure.' The ^Senate has a rule on the subject : ''43. Tlie piinciple ot a bill Ih usually del'iited at its second I'oadin^'." ' Can. Com. J. (1S7C.), 245; //>. (1877), ItlO; Can. Hans. (1S7!»), 1375-8, rw.'i; supreme court r;^i)ea!injr bill. - Orders of tlie day recinire mi sermider, May, .')45. Such motions, how- ever, are )j;enerally seconded in the Canadian Commons. ' See Kitpnu 267, R. 113. * Can. Sj). I>. Nos. it4, 118. ' Mr. Si)eaker Blanchet. Insolvency bill, Can. Huns. (1879), 1(520. '• Mirror of Pari. 1840, vol. 17, p. 2029 ; 190 E. Hans. (I!), IStiO ; Can. Hans. (1878), 599, common assaults bill ; Sen. J. (18G7-8), 248, 283, 290, &c. ; 216 E. Hans. (:!), 1080 ; Can- Ccn. J. (1879), 327. hi 604 I' It: hi I I V ■ i! i PUBLIC BILLS. This rule, which is very vaguely expressed, is generally adhered to, although sometimes the Senate, like the Commous, may agree for convenience sake, to defer a general discussion of the merits of a measure until a later stage. The Commons have no rule on the subject, but the practice of the House is always to discuss the principle of a bill at this stage,- Any member may propose as an amendment " a resolution declaratory of some principle adverse to, or ditfering from, the principles, policy or pro- visions of the bill, or expressing opinions as to any cir- cumstances connected with its introduction or prosecution or otherwise opposed to its progress, or seeking further information in relation to the bill by committees, com- missioners, the p-oduction of papers or other evidence, or the opinion of judges." ' All amendments must " strictly relate to the bill which the House by its order has re- solved upon considering." ' If a resolution adverse to the bill be resolved in the affirmative ; '' or the motion, " that the bill be now road a second time " be simply negatived on a division, the measure will disappear from the order book, but it may be revived at any subsequent time, as the House has only decided that it should not then be read a second time, and the order previously made for the second reading remains good. When a bill disappears in this way from the order paper, it is competent for a member to move at any time, " That it bt) road a second time on next." ' Sen. Deb. (1874), 297, .3rd R. ; //). (1874), 364 ; Can- Com. J. (187.")). L'.S4. '' May, 546 ; 131 E. Com, J. liHi ; Can. Com. J. (1867-8), 425 ; Can. Hans- (18fc5), 1360, 13S.5. •' May, 546, 547; Can. Com. (1882), 410, 412; Ih. (1885), 94, 308, ?A\. ♦ 143 E. Hans. (3), 643 ; 179 Ih. 342; 251 lb. 1070-71 ; 252 Ih. 9."v70 ; 135 E. Com. .J. 177. Ami according to tbe rules of debate, a member is bound to confine himself to matters which are relevant to the subject- matter of tbe bill, 213 E. Hans. (3), 644-G. Sen. Deb. (1886), 742. ' 244 E. Hans. (3), 1384. SECOND READING. 005 On this motion being agreed to, the bill iakes its place on the orders. The same practice obtains with respect to the bill, at any previous or succeeding stage.' It is customary for those who are oi)po.sed to a bill to move " That tlio woi'd ' now ' bo strucU out, and tlio wonLs ' this day thi'ee [or ' four,' or ' six '] moiithH ' addod at the end of the ques- tion." '' If this motion is carried, the bill disappears froin the order paper, and is supposed to be killed for the current session ; but it may happen that the session is prolonged beyond all oxpectations, and that the bill will again take its place on the paper in conformity with the order of the House.' In 1880, a bill respecting marriage with a sister of a deceased wife was postponed in the Senate by the passage of a resolution declaring it inexpedient to pass the measure that session ' When the order for the second reading has been read, a m'^mber may move, if he should not wish to proceed with the bill, that the order be discharged and the bill withdrawn.' Or if the motion has been aetually made 'Interest bill, 1870; insolvency bill, April :*>, 1870 : interest bill, 4th May, l^s;; ; act for relief of Susan Ash, 21st .June, 1SS7; Lowrv divorce bill, 4th April, 188!'. See infra, s. xviii. where the . (1882), 177. ' Cases have occurred in the old Canadian assembly as well as in the English parliament. In 1882, a bill was ordered to be read " this day month," and it came up accordingly, and was placeil on the orders of the day after bills to which the House liad, during the interval, given prece- dence. Fraud in contracts bill, Jo ;r. p. % ; ordcs of the day, 3rd of April. See also Can. Leg. Ass. J. (185G), 435-444, •.>25 {? narate school bill). * Sen. J. (1880), 20'.). ^ 129 E. Com. .1. 307; Can. Com. „. (1879), 130 ; Sen. J. (1807-8), 297, 306. The order is simply discharged in the^?enate as in the Lords (Lords' J. 1877, p. 297), when the bill is from the Commons. The practice in the Lords is, however, to withdraw the bill, when it has originated in their own House; in fact, the practice is the same as that of the Commons. Lords' J. (1877), 194, 243, 27L !. t ) f t^^^^^^ -,'l''^JlOi J 006 I'UULIC HILLS. lor the setoiid reading-, it must first, with leave ol" the House, be withdravvu.' It is irregular to go into the merits ol' a bill on a motion that the order lor a second reading be postponed or discharged.- A member who has moved the second reading of a bill can only speak again at the close of the debate if he wishes to make an explan- ation as to the course he proposes to take with respert to the measure.' Neither is it regular to propose on the second reading, or other stage of a bill, any amendment by way of addition to the question, when it has been decided by the House that the bill shall be read a second time.' On the motion for the second reading it is out of order to dist'uss the clauses seriatim:' Nor is it regular, when a bill is before the House, to anticipate discussion by a motion on the same subject.'' VII. Orderfor Committee of the Whole— When a bill has bi'en read a second time (^jhoiOi by the clerk, the next question will be proposed." ••That llio n<)U>e yo into foinmittee on the bill on lawt. ' "Which motion generally passes, tiem,con.,'^ like all suih formal motions ; though it is quite regular to move au amendment as to the time of committal.' When the order of the day for committee has been 'Can. Com. J. (1S67-S),40; Ih. (1877), 90; lb. (1878), 146; Jh. (1.SS2), 129; //». (18S()), l-_'6; 129 E. Com. J. 309, &.C.; Lords' J. (1S77), -JS.S, 271. An order may be diseliaijied and made the first for a sul>se(iiieut day. Can. Com. .J. (LS77), :)9. ^ 210 E. Hans. (3), 1048 ; 240 i'A S5S-9. The same rule ai)pUe.>i tu the order for fummittee of the whole. 220 Hi. 859-00. ' Rule 15, p. 417. 219 E. Hans. (3), 5.S4 ; 220 Ih. 381 ; 223 lb. 1704. *183 E. Hans. (3), 191S ; 180 lb. 12S5. ' 2-24 E. Hans. (:;), 1297; 225 Tb. 0S4; 238 fb. 1593; 248 Ih. 590. '• 219 E. Hans. (3), i(i53, l(t54, 1:502 ' Stipro, 4S0. •* Can. Com. J. (1S70), 300 ; Ih. (1S77), 128. " 129 E. Cora. .1. 140. But it is not regular to move that the House do adjourn, according to an English decision, 221 E. Hans, (3), 744. IXSTIU'CTIONS. 607 reached aud called iu due lorin, the speaker will put the question. "Tliul 1 ilo iiow loMve the cliair." Now is the time to move auy amendment to this ques- tion. Members opposed to the bill may move that the House resolve itself into committee on the bill that day three or six months ; or may propose motions adverse to the principle or policy of the measure. ' It has been frequently d»»cided in the English House that on the motion lor the speaker to leave the chair, a member " is at liberty to discuss- the main provisions, but not to proceed iu e changes in a bill which otherwise it 1 ould not make, should be moved as soon as the order for the committee has been read by the clerk, and before the question is put that the speaker do leave the chair.' An instruction, properly speaking, is not of the nature of an u nendment, but of a substantive motion which ought to have precedence of the (question that the speaker do leave the chair.' If an instruction is moved when the latter motion is proposed, then it becomes an amendment, which, if agreed to, supeisedes the motion for the com- mittee, and the bill conseouently cannot be proceeded with for the time being. ' Tonsiderable misapprehension appears to exist among ' Suprei""! court ])ill,2"it' Marcli, 1875. But it is not competent to move any ambiidment l\v way of aiMition to the question, "That Mr. Si)eaker do now leave the chair; May, 552 ; mpra, ()0U. - 223 E. Han.s. (3), 35; 224 Ih. 120?'; 232 ///. 1195-6; Can. Hans. (1S85), 13S3. 13S4. ■' 103 E. Hans. (3), 597-8; 212 i/>. 1075. ' 170 Ih. llG-7 ; 183 lb. 02C-1 ; Sen. J. (KS82), 195 ^ lt)3 E. Hans. 59V-8 ; 179 lb. 116-7; Can. Com. J. (1875), 284. I I If t . i 'f!l''- ' (t if I- w I 608 J' 1 1: Lie HI I. IS. 8oine membk'rs of tho C'anadiiUi Commons as to the moau- iiiii'of an iustrurtioii — ami.sapi)ivhtMixion by nomt'anst on- liiu'd to that body, since Eni^li.sh speakers have frequently found it necessary to give decisions and exphmations ou the subject. An instruction, ac«'ording- to these decisions, is given to a committee to confer on it that power which, without such instruction, it woulu not have. If the subjctt-matter of an instruction is rilevant to the subject- matter and within the scope and title of a bill, then such instrut'tion is irregular since the committee has the power to make the required amendment.' The following pre- cedents will illustrate the correct practice with respect to this class of motions. In 1854 the English Commons had before them a '* Bill to abolish in England and Wales the compulsory removal of the poor on the ground of settlement," and a member proposed to introduce clauses into the bill to prevent the removal of Irish paupers in the different unions of the country. It was pointed out that the contemplated changes would entirely alter the character of the bill, and could only be made by an instruction : the speaker being appealed to said, '* that the rule had been clearly stated, and if the noble lord intended to propose the addition of the new provisions alluded to, it would be necessary to move them as an instruction to the ^ommittee." - In I8G0, the order for committee on the Union Charge- ability Bill having been read, Mr. Beutiuck moved that " it be an instruction to the committee, with a view to render the working of the system of union chargeability more just and equal ; that they have power to facilitate, in certain cases, the alteration of the limits of existing unions." An objection was at once taken, that under the Poor Law Board Act there was power to alter the bound- ary of unions, and therefore an instruction was not neces- ' 74 E. Hans. (3), 107; 195 lb. 847; 207 lb. 401-2. ' 131 Jb. 1274. fXsrnrcTfoxs (;o!» sary. Tho sp»'akt'r (Mr. Di'iiison) docidocl : "Tho quostiou is not as to wht'tluT the Poor Law Board has the power, Vnit whether the coininittee would huvf it witliout the instruction ; and, in my opinion, the i'ouiniitt»'e woukl not have that pov^er, })ecause the subjet't-niatter wouhl not )>o relevant to the suhjectinatter of the hill. Therelore the motion is in orcU^r and should have preeedence, hecause an instruction is not ol' the nature of an amendment, l)ut (»f a suhstantivt' motion." ' lu lf^T8, the order lor committee on the Factories and Workshops l^)ill haviuij been read. Mr. Faw«'ett rose to move an instruition extending- the operation of the hill to children employed in ai,''ricultiire. Mr. Speaker Brand stated in reply to an ol)jection to the proceedini^ : "The motion of the hon. member is in the form of an instruc- tion to the committee. The committee would not have power to deal with the question unless au instruction of this kind was passed. - In 1881, the order for the committee of the whole on a bill respectini^ the sale of intoxicating liquors on Sunday, in "Wales, having- been read, it w^as moved as an instruc- tion that " they have pow^er to extend the same to Mon- mouthshire." ■' In 1868, the speaker ruled that a select committee to which had been reftu-red the Sale of Liquors on Sunday Bill would be confined to its subject-matter, and could not consider the question of the general lic(>nsing system without a special instruction from the House.' In 1870, the order of the day having been read for com- mittee on a bill respecting elections of members of the UV n I f I ' 179 E. Hans. (3), 11(5. ' 23S Jh. 63-4. ■ 136 E. Com. .1.30-2. ♦ lilO E. Hans. (3), 1SG9. In the Senate it lias been decided that it is irregular and unnecessary to move to instruct a select .standing commit- tee to do that which it has already the power to do under its order of reference; Sen. Deb. (,1880), 430-44.5. 39 1 1;. 1 ri itt 11 Ib 11 610 PUBLIC BILLS. Commons, it was moved that the committee be instructed to provide that the qualifications of voters should continue to be regulated by the laws of the legislatures of the pro- vinces. Mr. Si)eaker Cockburu decided that the com- mittee had the power to do what was proposed, and that consequently the motion was irregular.' In 1872, when the question for committee on the bill to repeal the insolvency laws was under consideration in the Canadian House of Commons, Mr. Harrison moved that it be an instruction to the committee to exi^ept the province of (Ontario from the operation of the bill. Mr. Blake having made objection to the motion, Mr. [Speaker Cockburn ruled : " As the bill att'^cted the whole dominion the committee have already the power asked for iu the motion, and consequently it is out of order."- Decisions of English speakers have also laid down the ibllowing rules with respect to instructions: "Thill it requires an instruction to divide a l)ill into twn pait> or 10 coiiso'idate two bills into one.' " That notice should be u;ivon of an instruction when a inemhor has pro])osed such as a substantive motion, and not as an amend- mont ti) the ((uestion, that the speaker do leave thechaii'. ' ''That when a bill is simply a continuance bill of an act i)W. ' ,S6 E. Huns. (:J), 154 ; also 136 E. Com. J. 285 ; 137 //-. 121. !?ee Can. Com. J., 1891, .1 uuo 18, when tive bills were referred to a select committee. ' 175 E. Hans. (3), 1939-40; 158 Ib. 1951. ■> 159 //>. 1912, 1924. JSSTRUCTIOyS. 611 momler until it luui Koon ascertained by an actual census of the population of the borough, whether or not the numher of its population fell helow the limit of 7,000 inhaltitants. Mr. S))eaker ruled, as above, because it was not conii)etent to the committee to inquire with regani to the census. ' "That any number of instructions may be moved successively to the committee on the same bill, as each question for an in- struction is separate and independent of every other.- "That it is rei^ulai' to move amendments to a (question lor an in.struction." ' If a motion for an instruction contains a proposition that ought to be confjidered in a preliminary committee, it can- not be entertained. For instance, when it was proposed on one occasion in the English House to instruct a com- mittee on a bill respecting- thf ile of spirits to extend its operation to the sale of beer, wine and cider, Mr. Speaker Denison said . " The necessity lor an instruction arose from the acts relating to spirits being considered quite a distinct class ; and to deal with beer, cider and wine, would be to deal wnth separate trades. If the House should now deal with those trades by an instru<'tion they would pass by a stage — a preliminary committee — that, in due order, ought lirst to have been taken " ' On the same principle, an instruction cannot be moved to make any provision which imposes a tax or charge upon the people ; but the matter ought to be first con- sidered in a committee of the whole.' It is the practice in the English Commons to give, according as it is neres- ' 158 E. Hans. (S), 1951-5. - In ^8G0, nine instrudiona were moved on the order for committee on the representation of people hill; th** jmjceodings an()(), iti'. Such manilatnry instrnctions in tlie case of bills can bo found in tiie Enj-'liah journals, but not for many years past. 21 ll>. Sotl; 06 Ih. 2!»W.\. ' 158 E. Com. J. 1W54-5. ' Mr. AtUlingUm cited by Lonl Colcliester (Mr. Speaker Abbot) in liis diary, 4IU. May, 553. See a case in the Canadian House wbere theiom- mittee did not amend a 1)111 in accordance with an instruction, but adojited one proposed by Mr. Blake in ameiidment to that refoncil to them by the House- .lour (1882), 24H-4y i Presbyterian bill). RF.FERESCE TO Si ELECT COMMTTTEES. 013 All instrut tioiis must be moved on the first oeeasiou when the order for the oommittee on a bill has been read. If the bill has bfon partly considered in committee, it is not competent to propose an instruction when the order is read for the House "again in committee." as the rules retjuire that the speaker leave the chair as soon as that order has been taken up. ' IX. Reference to Select Committees. — It is becoming a fre- quent prai^tice in l']ngland, as well as in Canada, to send important bills, requiring A'ery careful and deliberate inquiry t.> a special or a select standing committee, before refer: inu' th in to a committee of the whole.- The practice of revising ')ills in committee of the whole only dates from 1700, and the most eminent English authorities have frequently advised, and th«' House of Commons has already attempted a modified return to the old method of con- sidering certain public bills in select committees.' Parti- ' Snpra, 4S3, 48-1. ■-'120 K. Com. .1. ln:>,, 110,21).-). Lonls' J.(ls(il). 2G:'.; /-/. (is?:'.), :1»)4. Can. Com. J. (I'^T*)), 120, crimiiuil pn-cedtiro liill. Ih. (1S7')), I;;;), insol- veiuy bill ; Ih. (1877), IHI, larceny bili ; Ih. (^1877), 7"), iiisiirunce bill ; /'*. (1878). .-)(), evidence in common a.ssault.s l)ill. Several bills maybe con- 8oli«late(l into one bill in ibis way ; Leij. Ass. .1. {\W-,:\), 29(), ?,\\\, :'.20. ' House of Commons, I'algrave, note A at end of work. Hasrebot, in bis work on tbe Enj^iisb constitution, sbows bow dillicult it is for a committee of tbe wbole to give tbat j)atient, onlerly examination wbicb all bills sliouid receivt!. Tbe sanu' (jiiestion was di-scussed before a committee on public business in 1854 (P'^port. :'>!), anil in 1S7S (Report, 21-22), anf course, it could al^^ays tie re-committed t)y an express order of tbe House. In tbe al).sence of »u
  • *<09, Ls7e, 1871, 1^7'), J8Sri. * See Cam. Com. .1. IHitl, June IHth. Also mjira, 610. • Marino electric tele^'raphs hills ; Can. Hans. (1870), 1572 (Mr. SjKAak. IMandiet). .May,r)77. '■ V.\\\:. S. (». lOili .July, lsr)4,No. xxxiii. 114 K. Com. J. 2r.;i: " Provided that, with reHpoct to any bill not in projjress, if any member shall ol>ject to its consideration in committee with other hills, the order of tlie st|)oned." In the lejiislative assem- bly of Canada this practice wug tuilowed on several occasions. I^eg. .Vss. J. (1 800), 445 ; //>. (1801), :110; Ih. (1800), l!»5. In 18G1 some nineteen NOTICE OF AMENDMENTS IN COMMITTEE. 615 X. Notice of Amendments in Committee.— When a member intends to move an important amendment in committee of the whole to a bill, he is not required, according to Canadian practice, to give notice oi" such amendment,' but latterly it has been found expedient in many cases to give notice, and this practice, obviously so convenient and useful, is gaining ground every session.- In the English House the rules provide that on the consideration of the bill as amended in committee, no new clause can be proposed unless the House has received a regular notice containing the words of the proposed amendment.* XI. Bills reported from Select Committees.— When bills are re- ported from select »'ommittees after their second reading in the House, they go upon the orders of the day for con- sideration in committee of the whole, in pursuance of the following rule : 22. " Bills reported after secoml reading from any standing or holcH't fonimittee shall be placed on the ordoi-s of the da}' t'ollow- ing the reception of the report, for reCeronco to a committee of the whole House, in their proper order, next after bills ivpoi-ted from committees of the whole House. And bills ordered by the House tor reference to a committee of Iho whole House shall be jilaced, for such reference, on the orders of the day followingtho order of I'eforence, in their jjroper order, next aftoi- bills reported iVom any standing or select committee." ' i tJ III ii'Hlti I > bills were relerred ivt one tune. But it does not appear to be the i)ractice of the Senate, Deb. (1S80), 30.-). In tlie Canadian ("ominuns, 7tli May, IcSSS, a bill respecting? railway employees was referred — order for cotn- initte* beiti},' tiratdiscliarged — to a committee of the whole on tlie general railway act. ' Com. R. ;U ; Sen. Deb. (1SS4), 520, o21 ; Jour. 253. ■ V. i«c I'. (1S77), 175, 200, 214, 225, 22(i, 233, 257. Railway ai;t (1879), 250; militia act, 462. Temjwrance Act, V. & P., 18S5, April 9, p. 41S. See also Franchise Act, 1885. Notice is required in case of aniend- luents to private bills. ' May, 573. Palgrave, Rules and Orders, No- 254. * 12y E. Com. J. 260, 314 ; Can. Com. J. (1877), 140,207. InHurancebill. llli-i ■I ft. 616 PUBLIC BILLS. Eveij ommittee on a public bill is bound to report thereon, as the House alone has power to prevent its passage or order its withdrawal.' "When a bill has been referred to a select ostpone(J, anil then every clause con- sidered by the committee in its proper order; the preaml)le and title to be last considered." In the Senate the title is regularly postponed ; ' but in the Commons it is never considered except when it is ne- cessary to amend the same. The preamble is also post- poned in both Houses until after the consideration of the clauses." The bill is then considered clause by clause. 1- i' See mpni, :>09, for cases of public bills reported against, but still placed on the orders of the day. ' See /»;m, (i22. Sen. Deb. (1SS6),51«. - Alien Labour I'.ill.Can. Com. J. (1890), 30.") ; 120 E. Com. J. 3^0; May, 578, 57!). The select standinsj committees of the Canadian Commons have general power to report opinions and ol)servations. li. U. (.^:)nmlissione^s Bill ; Can. Com, J. (1.SS3), 98, 1()9. ' Sen. J. (18(i7-S), 121. * R. .S9. f'Sen. J. (18S0), lt)f>. •■' Ih. (1880), 1()(). The English House has now a S. 0. to postpone the preamble until after the consideration of the clauses, without question put, No. XXXV., 27th Nov., 18S2. L\ COMMITTEE OF THE WHOLE. on i;S! The chairman will call out the number of each clause, and read the marginal note as a rule, but he should aive the clause at Icugth when it is demanded by the committee. He will then put the question, '" shall the clause be adopted," or *' stand part of the bill ? " Each clause is a distinct question, and must be separately discussed. "When a clause has been agreed to, it is irregular to discuss it again on the consideration of another clause.' Ann»nd- ments must be made in the order of the lines of a clause. If the latter part of a clause is amended, it is not compe- tent for a member to move to amend an earlier or antece- dent part of the same clause. But if an amendment to the latter part of a clause is withdrawn, then it is competent to propose one to an earlier part.' When the committee have agreed to a clause, or to " a clause as amended," the chairman will sign his initials on the margin, and his name in full at the end of the bill, when it has been fully considered by the committee. It is irregular to propose to leave out all the words from " That " to the end of a clause in order to substitute other words, as such an amendment is in the nature of a new clause, which should be considered at a later stage in committee,' According to strict Enirlish practice, whicn is generally followed in the Senate, new clauses should be brought up and discussed after the consideration of the original clauses of the bill ; but in the Canadian Commons, the practice is not rigorously followed, and the committee is generally guided by what is most convenient in each particular case. a\\ 1 ' I »|ti if \i !)■ ■' ''. I ■ ' 241 E. Hans. (3), 2112; May, 561 ; Can. Hans. (1.S,S.5), 14.S2, 14S3. If a nieinber moves to omit a clause the chairman will simpiy put the usual question, shall the clause stand part of the hill ? lt)4 E. Hans. {.■>), um. Mt) E. Com. .T. 175; ISl E. Hans. {?>), 5:5!). The proceedings in com- mittee on the Franchise Bill of 1SS5, illustrate the practice with respect to'atnendiuents and the order in which thoy should he moved ; Can. Hans. 1470. 1471. •' lUi E. Hans. (:'), 600 ; 200 Jb. 1057. * i I 018 PUllLKJ HILLS. The schedules are the parts of the bill last considered. Clauses are frequently postponed, in order to give an opportunity until another meeting of the eoinmittee of considering the advisability of amending them, or taking any other course that may be found necessary with respect to them. If it be necessary, the title can be amended in aicordance with English practice, in order to make it conform to the changes of the bill, and in such a case a special report ought to be made ; ' but as a rule, in the Canadian Housi', any change in the title is made the sub- ject of a special motion after the third reading.- In the case of a Senate bill it is usual to amend it in committee, and report the fact to the House. ' But in the Senate the title may be amended at this as at any other stage of the bill.' A committee of the whole have now power to make amendments not within the scope and title of the bill. A rule of the l^lnglish Commons ' provides : "Tliat any amcmlmeni may he iiiailo to a ciuuso, provided tlio hsimo lie relovaiil to tlio sulijcitmatter of the liill, or juirsiiaiit to any instructions, and bo othorwise in coniorinity with the i'ulen and orders of the Houso ; Imt if any ainondinont he not within the title of the hill, the committee are to amend the title aoi-oi-d- ingly,' and rejv)rt the same specially to the House.' In the session of 1875, the House went into committee on a bill " to amend the general acts respecting railways," and a question arose whether it was competent to add a clause requiring the government to purchase goods ibr ' IL'7 E. Com. .1. :)5-', parisli constables abolition bill; Can. Com. .J. I1SS2), 42<5, harbour and river police bill. - Can. Com. .1. (ISTli), -'17 ; Jl>. (l^ill), -Ml.'. ••;//. (Kss-.>).4-JU. *i?en. .1. (ISSO), 100, lOS. ' !^. 0. l'.)tli July. 1854. See Rules and Orders (ral>,'rave), No. 239, "Sen. J.(1S77), lioll. ' This order has always been held in the English House to apply to select couimittees. May 578 ; IIS E. Com. .1. -MS ; li]7 lb. lOH, :542. /A' COMMITTEE OF THE WHOLE. t>10 the use of dominion railways upon public tt'nder and con- tract only; and the oommiltee havini^ arisen lor the pur- pose of receiving instructions from the House upon the point at issue, Mr. Speaker Anglin decided that such an ami'ndment would be regular' without an instruction. A similar decision was given in committee of the whole on a bill to repeal the Insolvency Laws now in force in Canada. It was proposed to make some amendments which would have the ell'ect of adding lertain provisions with respect to preferential assignments and priority of judgment, and in that way avert certain dangers likely to result, in the opinion of many persons, from the total repeal of the act as provided for in the bill. The amend- ments were decided to ho in order.' On the other hand, it has been decided that it is not within tht» scope of a committee to which a continuance bill has been referred, to amend the provisions of the acts which it is thereby proposed to continue, or to abridge the duration of the provisions contained in those acts." It is irregular to propose an amendment which is irre- levant to the subject-matter of a clause, but it should be submitted to the committee at the end of the bill, as a separate clause.' The committee cannot agree to any clauses involving payments out of the public funds,' or imposing any do- minion tax or charge upon the people," unless such clauses have bee)i previously considered in committee of the whole — a subject fully explained in the previous part of 'Can.Com. .I.(lS7r)), :5:i7. -' Can. liana. IST!*)) 1775. ' 121> K. Com. J. :)o3. * 147 E. Hans. (3), llOd, llitS. In tliis rase tlie amendment proposed to ho made was relevant to the bill, but as it eml>od:ed a principle contrary to tlie clause, it could not be added. " .May, 503 ; Can. Com. J. (1870), 84; Ih. (1877), 94, T-'S. " Can. Com. J. (1870), 24l', registration of timber marks ; lf>. L'85, copy- right. t{\\ i : ' j- \i'. ' t ■ •r^ 620 j'rnf.ic luij.s. I' this chapter.' Tht» oomraittee on the bill taiinot iucn'ase duties, without a previous resolution IVom a »'ommittee. but it may reduce them in accordanee with the 8»»ttle!Mi tl .V'fj. ' May. 5()4. ■"J\7 E. Ilan.s. (3), 40-J, 41;^ * Penitentiary act, 1^7*j. •'• S. O. I'ttli July, 18.')4, No. o7. In the English Commons money or taxation clauses are printed in italics in the bill as introdiinvl. In tlio Canadian House they are generally given in the same way. '' Post-uthoe hill, IstiT-S; Sen. J. 155-S ; Com. J. 1-S-i) ; teusus bill, 187'J. L\ COMMITTEE OF THE W llUl.E. (121 more, or oxainiue wituossos and hear oonusel. Whoii two 1)ills arc to bo consolidatod, tho pr.'ambl.'s ol the two bills ar^} sevt'rally postponed, and the clauses of each are su«- eessively proceeded with. "When a bill is to be divided into one or more bills, it is usual to postpone those clauses which are to ibrra a separate bill, and when they are afterwards 'onsitl i''d, to annex to them a preambh' emu't- ins? M'ords and title. The separate bills are then separately reported.' Ai'tci a bill has b".'n considered « lause by elause, and the preamble agreed to, the committee have sometimes Ibund ii expedient to reconsider the bill, either in whole or in part, and in order to do this, a motion Tor the recon- sideration has been made and agreed to.-' The Senate have a rule which appears to provide ibr such cases: "44. A Miialoi' may, at any tiiue Ir-I'iic a I'ill ha^ pa^^ed, iii'ive lor iho i-ocoiisidLialion nt any clause ihereot' ahvady j)assL'd." The siame practice sometimes obtains in Commons com- mittees, but it is not one to be encouraged, since it is obviously at variance with the sound principle which prevents either the House or committee passing on the same question twice.' The proper time lor the reconsider- ation of an amended bill is alter r^'port from committee, when, under English practice — which might advantage- ously be followed in the Canadian Commons — it is com- petent to make amendments, and " reconsider " the bill ; or in any case, it may be sent back, and the committee regularly authorized to reconsider it in any particular.^ In case private bills intervene under liule 19 before a measure is fully considered in committee of the whole, ' May, 5()8 ; 73 Lords' J. 188 ; 127 E. Com. .T. 23(1. Also 12U Ih. 121 ; 205 E. Haiis. (o), 977. -' Son. J. 1SS2, Man h lith and 13th, onunty jud^'es bill. ' 8ee mjiTu, 401, aud infra, U41 . * I»fra,(j-2A. t if. fi ir ill It ■■ ;<' ^1 1 M- ^ 0-2 -2 I'l'liLir lUl.LS. prortM'dinfff^ i ivport proiircss, and ask loavi' to sit ai>ain.-' On n'ooivinij;' tho report, thf speaker will ask the House to appoint a I'uture day ibr the further ronsideration of the bill. Hut when it is wished in loniniittee to make no lurther [>rouress with a bill, it is moved "That till) eliaii mull do now leave tlii' eliair." In this «ase no report is made to the House and the bill will disappear from the order l)ook.' The same will happen if it is found that there is not a quorum present iu the eommittee ' But t lie «ommittee '' have no power to exting-uish a bill, that powi'r is retained l)y the House itself Coust'(jUently the bill may be subsequently re- A'ived by a motion, without notice, to fix another day for the committee, and the i)roceedinos are resumed at the point where they were previously interrupted." But when the committee have fully considered the bill, the chairman reports " The committee have gone through the bill and made certain amendments thereto ; " or *' the committee have none through the bill and directed me ' Can. <'«tin. .1. (iSSti), 1;>1, l;'..'). Siijiro, 4SS. ■^ Can. Com. .1. (1S77), 18(). Sonietiine.s tlie committee may receive leave to sit attain tliat same day. Jh. (Is7>>), 147. ■'■ II>.(lS(i[>}, l(»ti, lisS; ih. (1S74), ;!:'(); Ih. (1882), L'l.'l»; //-. (ISSG), iL'O ; Can. Hans. (1882), (515; Sen. J. (I88(i). 1(3(5. * 110 K. Cum. J. 44!) ; 187 //-. Itt7, 21(». ■ 17(5 E. Hans. (S). »'.). " Can. Com. J. {18SS>, 159 (Mr. 8j)eaker Kiriipatrick'.s ruling with respect to Criminal Law Amendment BID . See infra, s. xviii., whore the ques- tion of notice is discussed. La^r of Evidence Amendment Bill, Sen. Deb. (ISSti), 5G5, 5(58. llEl'OUr FROM COMMITTEE. 023 to report th»' saiiu' without :imt'iulin<'nt." ' K'ulo 47 of tho Coininoiis provides : "All aincinliiu'iit^ maiU' in coinmitttH' nIuiII I)o ropftrtcil hy tlio cliaifiiian In tin- ll»>ii>c. wliich ^llull ii'ccivc tin- hiwuo (oriliwiih. Atlci icpDi't tli(> Itill >ii:ill lio ttpuii to ilcKute iiiid atiiiMKliueiit ht'foii" it i> oiiliMoil lor a third ivadiiii,'. Hut wlioii a l>ill in ri'porltvl witlioiil ami'inlmnnt. it i-* forthwilh urdi-ri'd to ho road a third titiic. at >tt(li timo as may ho ap|»oiritod hy tho llouso." Ac('or;ulur to discuss a particular ilauae, 2r)(i fh. X •' Maritime jurisdiction bill, lvS77. Can. Com. J. (187S), 9!>. ♦ Can. Com. J. (1877), 'J24 ; TL (1S7S), 200; Sen. J. (18G7-8), 225. ■Can. Com. .7. (1877), 241. •• lb. (1809), 253. See for English procedure, 136 E. Com. J. 116-118; for Canadian prac- tice, Can. Com. J. (1885), 527, 529-554. Ml'; li I II ,. r t » M i I i 'C i I i! ]y:| liii ill G24 punLic niLLis. In the Senate it is usual to follow the Eug-lish practice and amend the bill, when necessary, on consideration of the bill as amended in committee of the whole.' As a fact, the Canadian Commons never amend the bill at this stage in accordance with the English practice. It is quite usual, however, for a mi-mber to move that the order for consideration be discharged and the bill recommitted for the purpose of amending the bill in any particular." The bill may be ordered to be reprinted as amendt.'d, or re- committed to ii committee of the whole, or to a seleet committee, immediately after reception of the report.' Or, on the order of the day having been read lor the ;on- sidcration of the bill, as anuMided, it may be reeommitted to a select committee, and all petitions relating thereto may be so referred, and counsel may be heard before the committee on the subject of the whole, or to a special t ommittee.' Bills may be recommitted any number of times to a committee.' 'Ulls may be recommitted »/•//// or ii'Uhout limitation ; in the latter case, the whole ])ill is open to reconsideration ; " but in the former case, the committee can only I'onsider the clauses or amendments or instructions referred to them." It is open to a com- ' Soil. .1. (lSt;7-S), L'L'L'; //. (1S77), HIM; //;. 1 187S), ISO, 2r)9, A:c. -Tan. rmii. J. (IStlO), '24n.'J.")L' ; /'-. (1S77), l-'OS ; SIJ K. Com. J. 5:5:5 ; 128 Ih. \m-). 'Vl\!i E. Com. .1. -'I'S, 244; Can. Com. J. ( 1875), lUO; Jb. (1880), 124 ; lb. (1882), 1")8; ///. (1884), 108 (roprintiny;); //-. (1877). 14'.> (.select com.) ; //* (1878), 172 (cum. of wliolc). /''■ (188.^), 527 (com. of wluile). Sometimes the amendments, when they are short, are printed in the votes lor tlio convenience of tiie llou-e, when the bill luis been amended hy a select committee; common assatdts hill, 1878, p. KIS, V. & 1'. In such a case no furmal motion need he made; a verbal direction will lie jriven to the clerk. * 120 E. Com. J. :!4r). * Can. Com. J. 187o, supreme court bill; //*. 1877, I'lckeriu^' harbour bill ; (10 E. Com. J. 420, 444, 4(10 ; 128 lb. IWO. " 120 E. Com. .1. 284, iiOS ; Can. Com. J. (1878), 170; lb. (1880), 82. ' Can- Com. .1. (1877), 115, crinnnali)rocedure bill; 21t», joint stock com- j.anies' bill ; /'/. (1878), 172, indejiendence of parliament bill ; 178, iuhur- ' M i«) tKC II of !\.s a this r for d for The or re- sek'ct .port.' e ;0U- tiittod Koroto )re the special ibor oi •d v'ith le hill ase, Iho im^'uts a ooin- 1, 124 -, n>. lotnethnes l\^( votes Ion wiU ^'« L harboui 82. stock com- |178, iufeur- NOT REFRRRKl) To COMMITTEE OF THE WHOLE. 625 mitteo to accept or reject ameudmonts sent to them, whe- ther as instructions or not.' XIV. Bills not referred to Committee of the Whole —It lius not been unconiinon in the Canadian lloasos to pass bills without rt'lerenco to a committee of the wliolc. This has been almost invariably dom» in the case of the Ap- propriation or Supply Hill,- and not unfreciuently in the case of other bills, also founded on resolutions i)assed in the committee of the whole.' Instances are also found in the Canadian journals of Commons ])ills not based on resolutions, as well as of S'Miate bills having- been passed without reference to a (Committee of the whole ' — beinsj read at length in such cases instead of being sent to a committee of the wliole.' J^Jupply and customs bills, on the other hand, 'lave been considered only at times in com- mittee, whenever it has been found necessary to amend them." This proceeding is at variance with the general practice of the Canadian Commons, and is not sustained ])y the modern usage of the English House, where bills generally (excei)t those reported from standing commit- tees) are considered in committee of the whole." The correct usage of considering all bills in committee of the whole is now invariably followed, the Appropriation Bill Leing the only exception. anco bill ; Ih. (ISS.-)), ,V27, franchise bill. Also li'l) E. Com. .T. 3(i4 ; 17lt K. Hans. (;■!), 82t'>; Can. liana. (lS7r»), 9(iS. ' ^?ee sufird, 612 ». In the case of tho teinjierant'e l)i!l, April l;], ISSI, tho comniittce altered some aniendmonta leforroil to them and noj-'atived another. See Hans. 1045 il i>t7 (sjieaker's a(!t);2.'»> (.interpretation of stat- utes); Ih. (1S7:'.), insolvency bill, :'.14; //.. (!S7:) 17!i, 21f) (Senate bills). ' This is an oltsolete practi'e of no utility, .in i may l)o traced to tho old jiractioeuf readii>g bills at length. See ."ii/jr.i, •"» tJ. " Can. Com. .1. (lS07-8\ 421 ; //-. < 1S74\ 207. ' 241 E. Hans. (:'.). 12U8.h Commons, which is stated in a stnndiuii' order: "No amendments, not being mer>'ly verl)al, shall be made to any bill on the third readiuii." ' AVhenever it is proposed to make important aniendui'Mits, it is usual to move to discharge the order for the third reading, atid to go l)am. .1. oSd, ^o. * Can. Com. J. (1S7;!), :ni ; 113 K. (.'oni. J. 318, ivc. ■' Can. Com. .1. (lS(i7-8), 112, 180, 102. '•21st .luly, 1850, lliilos and ovAovh (I'al^riave) No.2bl ; 2:), 257. Same practice in I.ohls ; 151 E. Hans. (3), 1907, 2077; 200 II. 704; 20lh Feb., 1802; I.or-i.s" .1. (1877), 200. RKAD THIRD TIMK A.\I> I'As.^ED. e-:i ffavo rise to misuiiderstundiiiiis wIumi members wishod to move amendmeut.s. Since then, the third reading* is moved reouhirly as in the Commons.' The practice iu moving amiMidments; is still very variable. Amendments are now moved alter the rcadinu- of the order,- or on the motion for the third reading — the proper time when there is a diversity of opinion as to the bill and amendments.' Or they are moved after the third reading has ])een agreed to.' Sometimes it is found convenient to go back to com- mittee.' XVI. Motion, that the Bill do pass. -The next question put by the speaker is : '• That thi> hill do pa.s^, and (ha' the title ho, otc." This motion uvnevally passes neni. con. immediately after the third reading,' though it is quite regul\; to defer the final pas.sage until a future day ; " or to move that the further consideration of the bill be postponed; or to pro- po.se other amendments against the principle of the mea- sure with the view of preventing its passage ' On the ' Son. lltm.s. (I&so-Sl). 4ul (Mr. SppukiT Macpht'ivson's rumarkBi. .*^eii. .1. (ISS'.'i, VM;, 147, 1S7. '-.11, '.'.')7-'.i. Tliis is j_'ouerally the casiO Willi private l)ill.s ami aniemlmeiits to wiiich there are no objections. . the putting' of tho (juostiju, after tho thinl reading', "that the l)ill d(j now piiss," has of lato years fallen into dosiiotudo and is i)raclically olisolete. Mr. Speaker I'ool, 2S!l E. Hans. ('.)), 15s:!. ' May, 582. in tho Senate, 1879, the motion for tho pa.ssage of a bill was mvatived, the speaker oominjj; down fmm his chair to sjieak and vote apiinst the nu'asur(^ Hans. 439. ■ 80 E. Com. .1. SOU ; IdO Ih. 335 ; 117 Jh. 3s3. U»f n\\ i'i " M !h ( m it il 028 rrnijc hills. ')th ol" April, 1877, in the Canadian Commons, a member proposed to send a bill respectiuj^ insolven.-y back to committee but the speaker ruled that such an amendment was inadmissible at that stagv — the third reading having- been agreed to.' Any am^-ndment to the title may now bo made.- XVII. Proceedmgs after Passage, — Amendments, Reasons — When a bill has passed all its stages in one House, it is reprinted in proper form and communicated to the other Iloust' l)y one ol" the clerks at the table, who takes it up and presents it at the bar to a > Icrk. ' Every bill has en- grossed on its back th-* order of the House, i)i the two languages: That th ' clerk do carry thf bill to the Senate (or Commons) and desir*' their concurrence.' II' the bill is passed by the Si'iiatc, to which it is sent, without any amendment, a written message is returned to that etl'fct.' If the bill is amended, a message is sent desiring the ((in- currence of the other House to the amendments, which are always attached to the copy of the bill." If the bill fail in (>ither House, no message is sent back on the sub- ject, and the fate of the measure can only be decided by reference io the records of the House, to which it was .sent for concurri'iice." Rub; 23 of the Commons provides : " Ainomlinoiits niiitle by the Soiiato to bills orii:;iiiatiiij^ in tlii^ IIousi", shall bo |)lafeil on tiio ordeivs of tljo day noxL after l)ilN I'Cjiorted on by select committees." The practice in both Houses with respect to amend- ' Can. Com, J. (1H77), 2'JO. M2l» E. Com. .1. lie, 04, llo, 15:5, . (187!0, ;i73. 'Sen. R. 100; Com. K. 07. * Sen. J. (ls7S), ls7 ; ('an. < nni. .1. {i>-'i^), 2o2, 205, i\:f. ■■' iron. .1. (1S78), 210 ; Com. J. 224. •■ Sen. J. (1S7S), 277 ; Com. J. as77), 1:11, 322. ' lieceivor-^renoral anil attorney-;:;.;neial uf Canada bill; Com. J. 1876, p. 155-0; Son. .1. 201. :*»♦ AMKM>.\fi:XTs. »;.20 ments is tho samo. "When thf^ amt'iuhiuMits are of an uu- Mnportaiit channtiT, ov there is no c'vi^otion to tlieir pas- sai^t\ tlioy are generally read twice and agreed to I'orth- ..ith;' but if they are important their consideration is deferred until a future day/' The speaker of the English Commons lays down the I'higli.sli practice as follows : " In cases where expedition is neeessarv, it has been the prac- tice of the House occasionally — especially late in the ses- sion — to ordei' that these amendments shall be considered forthwith. Bat on such occasions the member in charge of the bill is bound to satisfy the House that expedition is necessary." ' If amendments from the upper 50. Sw also 110 K. Com. .1 ^o^, 4(i4 ; 13') K. Ifiiiis. (3), Nil. Mr. Sp. Kirk|)atiirk, ( an. H;in8. ISsG), i;).'7. • 91 E. Com. .1. 382, 3S,S. ■' Can. Com. .1. (ISTti), -M2 ; ll>. (1S78). 2n0 ; Sen. J. (187S), 177. "Sen. J. (187(1) 190; Can. C ni. J. il^77). 3-)0. Albert R. H. I.ill. 113 K.Com. .1.319. 11 f 1 I 1 ^'1 t M 1 i . h M n . 630 I'l'BLHJ IULLf<. meiits.' If the Soiiato or Commons do not » here to their amendment, on the reu.sons beini^ communicai.d to them, they return a mcssagt that '' they do not insist, etc. " ; " and no further action need be taken on the subject. But if they " insist on their amendment," ' then the other House will be called upon to consider whether it will continue to disac^ree or waive its objection in order to save the bill. In the latter case the House which takes strouij ground against an amendment, will agree to a motion that it " does not insist on its disagreement," but concurs in the amendment made by the other House; and consequently the measure is saved.' In 1S78, the Senate having insisted on their amendments to two Commons bills, respecting the supreme and exchequer court and the Pembina braiK'h of the raeilie Railway, the government allowed them to drop ; and the same was done in 188-} in the case of a bill further to amend the fisheries art.' The old practice of resorting to a I'onference, in order to bring about an agreement between the two Houses, is now virtually obsolete, though the Commons have still a rule on the svibject.' "When amendments made by one House to a bill from the other House are received back, and are under consid- eration, it is not regular to discuss the bill itself, or its principle, or the policy of the government thereon ; but the debate must be confined to the amendments." Nor U'an. Com. J. (1874), :?19; I'.. (1877), L'Ci.'; //>. llS7S), LHi:*. ; /A. ilSvj), 50S; ///. (iss;!), ;L't;; ///. (IMKI), 44S ; .<(>n. .1. ils7S), iMC}, i\:c. ' Sen. .1. (IS7S). 'IWl, I'SIt, L'Oii ; /'-. (lss(t|, L'77 ; //-. (IS9(i), 2.j7 ; Cniii. •!. (ls77), :VJS; Ih.\\i^^'l),h\'l'\\; //-. (IMKm, -lOil. ' Soil. .1. (1>^7>), liS',». In such a casj tlie roas'HH am al.sn given. /'/. ' Sen. J. (1^7-<), l^».') ; //'. (1S«<-J), :5:r., :!4I. ;?4-_'; ("an. Com. J. (1S77). .".L's ; Ih. (1S7S). -'H7-S ; //,. (ISSL'), ol.') ; li:; E. Com. J., ;Wl.'. • Sen. .1. (1.S78), 277, i'".t4 ; Com. J. l.'.S4, I'iiS; Com. liana. I'.joO, '2o-)?>\ Sen. .1. (IS8.S), I'SS; Com. J. 43H. '• Clinpter xiv., s. 2. '231 K. Hans. (:'.), 1222; 24! /';., SKI, lor)i> ; (an. lianH. (ISSO), I%5. AMK.MLMEyns. 631 r(»ia its ])Ut Nor in.!- /'.. ;v.s ; , Sen. on a motion I'or disaprrt'eini,' to an amendment ol" this kind, is it rog'ular to enter into a general discnssion of the prin- liple ot" the bill, but all debati^ should bo eonlined to the amendment and the reasons for the same.' Neither House can regularly, at this stage, insert any new provision, or amend, or omit any part of a bill it has itself passed and sent up to the other House lor eoncur- renoe.- But it is perfectly in order to propose any anieml- ment to an amendment made by the one House to a bill of the other House, provided it is " consequcnitial " in its nature, that is to say. ronse(]uent upon, or relevant to the amendment under consideration.' In 18T1>, a bill respi'«t- ing petroleum was sent up to the Senate for coneurreiice. It had be«'n amended in the Senate and sent back to the Commons, when it was discovered that a very important matter had been left out of the bill. As it was impossible to alter the l)ill at that staiye, sinet^ the requisit*' amend- ment was not consequent on the Senate amendmejit, it was necessary to introduce a short bill embodying th«' provision in (|uestion.' The House, whose amendments are disagr<'ed to, though not at liberty to proposi' new amendments to a part of the bill to which both Houses have agreed, as above men- 'Can. llauH. (1S77), lS7!i, All)frl R. U. !>ill; /'-. (is7^i, 'JloT, t aiiiula I'acilic K. K. bill. ■ ",» K. Com. .1. :)47 ; !•! !!>. 5<>2; 111 /'-. I'J") ; I'Jl /'.. t7:.»; l:'.5 K. Huns. {;'.), '^W; Can. «'(iiu. .1. IS7.'», Murdi •_*:*>, luiiriiio tilectric k»lt;^rii|ili> liill; Il>. 1S78, April ."), Camuirt Sontliern K. 11. hill. 'May,.->S7; l!t;i E. Hans. C!), llliiO ; !•_'!» K. Cum. . J. :.'()<»; 11.") //.. 4i>4 ; I'Jti //', lit" (an amoiulment in IkhIv of bill, i'onsei|uont upon a Lonl.s' ai.u'n.lnu'nt ) ; !:!(> //;. 44.-). Sen. .1. (is77), 'JL'S ; Ih. (lssi>), WJS; Cun. Com. .1. (ISWt), USl ; //.. (lS77),'J01,L'(i!l; //<• ( Is?')), 41.") ; Ih. (IKSL'), 5(iS, .-.(i!t, .■)13, r.!4. ril5; //..,( iss;^), :iL':;; //.. i^issr,), 4-vS; //.. iisst;),r.L>7; //,. (i ssy ),■_'( i.3; J>: tlSittl). 4^1.'. H'an. Com. .1 ( ISTO), 422. Tlio error \va>i puint»Ml out in tlu' S<\nate, wlien the original t)ill hail pnssfil its tinal sta^'o, hnt it was too latctlu'n to rfctity it. Son. l>eb. 1 1.^7!M, liH'.i. .St^o Pirates' Hoad .Moiuiy I'.ill, isMi ; 10.-) E. Com. .1., 471 ; May, oSS; Twswater and Kimanline I'.ill, Can. Ilann. (1.SS7), !»20. W i\ II i A ()32 I'm Lie HILLS. tioiii'd, may iicvortholess, propose auit'iulmeiits to a part of it to which thi^ ainiMiding House has not agreed, and is consequently still under its consideration. Thus, where the Lords have passed a bill from the Commons, with an amendment leavini^ out certain words, whi«h amendment was disagreed to by the Commons, the Lords thereupon have proposed as an expedient, to insert certain words in the words orii^inally proposed to be lei't, to which tlie Commons have agreed, in this case, the words oriuinallv proposed to l»e left out had not been agretKl lo by both Houses.' In othtM* cases the Lords have left out clauses or words, to whii h ainendmcnls the Commons have dis- agreed ; but on restoring such clauses or words (lie Com- mons have, at the same time, proposi'd to amend tlieUi.-' Sometimes bills are returned from the Senate with amendments which appear to inlilnge on the prh i!ege,< of the Commons. In such cases the bills are sent back with reasons for disaureeini»' to the amendments; ' or |f the amendments are of an unimportant character and ill'' House is anxious to avoid all delay, they are at once agreed to with a special entry in the journals of the House, .so that the agreement mav not be drawn into a precedent.' If an amendment made by the Senate alters a contract made* with the government or otherwise all'ecis the interests of the Crown, the formal assent should be giveu to it before it finally passes the (.*ommons. IJills originating in one House are brought tbnvn totlu other House with a message, "That tlie Senate [or Com- ' -IS Lords' .1., !t07; fi? K. Com. .1., -Kis, 47'.> ; Cusliintr, p- S74. ■' M;iy, .-)ss ; 11:; Lords' .L, 41'.), 420; l-.'5 K. Com. .1. :VttJ ; l:'.'! V>. ^\n, )}(1 Crtiniilu TomiRM-anoe Act, Cixn. Com. J. (LS.S,')), 4.'>s. For iinicttiliiiB iii moviii;; cvlmv po.s.sil)lo ainHiidmt>iit to iimoniliiiofiJ.'j hum |li(t ll|ipi'r chamber, .see Arri'.ir.s of Iv-iit (Irolaiul) Hill, 11/ |'^ C.irii. .1. i'll ; j.ifn' Law (IrMliind) Hill, \m fh. 444, 44s, 4.-V_', •'Can. Com. .L (l,sr3), 43i) ; Sen. -L :W(i; IIihImm -l.i,.h ,h,.y ;;;->.>;.; who h,„s •■ha,.,., „n /, r't " '' "■^"'" ^"■"- !'"" " be read a l\m fun. „, j , ,, '"'"'■ "'"""'lialoly "Iff on the order,, -' Tl, ,' ''"""' '<"■ "» s-'oad re„I '";■,•'■'■"••■<' "iti"-,, a :;;:;;;;' '"vi"- "- -'^.» - 1' "•;'i. rule 42 of the Cotumo ' yl ""^■' "' ''^'■"''^'>'- {'"'"mons, ,vhe/h,.r i, i , '" "'" ^"'""^i"" "mise of '"°''<''H;u. the revival o a I, i''*"7 ,'", '"•'■ "»"- of a "Pl-tred ,ro,„ theorder nt '; f, ' '"^ "•'"/""■■"*/ di.v ''''•"■imrodnetion-. ;■,.'■'" '"■ """*' »'' Wli.s -,!„.. ""'/'--. /mt i',,I, ced ■. . '■ "''."^'^ "'"-"S- ti.^. or.lin ry ""/'Of ™Wa(,,i,l„ ;, ,'; „;""'"•!;»" at th,. head o, i^ r"r "'• '/"• ?'o„.. .:':?''"-'-«. '"■■'i.-nror. "i" iii'Mu hers nroime .1 • r °' °'"l"'-s ol' the dav« '""- - n,e n!a: r , ;:rj:.i'''''"^'- '»'■'■ •- ""-^"- " i'^'^mkr mot 110 ri "d to Vi-^^ntly happens th '"" i^ reach..!. TJio pra.^ ■•^0} motions. ^»t weeks olapsebWbre '^^ i» th.' C'ana- " -SH^jfa, 302. • L/'ii} 111 tlu> votes. ""* .■V I ! I :(| ();J4 JTJU.IC HILLS. dian llouso in rol'orenco to n hill toniporiirily snp.'rs«»(l«'tl, hiis biHMi to move that it be read a .second or third tiiiu', or » oiniuitted, (as the aiso may be), on a I'utnre day, as soon as motions have been called in their dne order.' Such a motion prevents surprise and is e<|uivalent to a notice. The same subject has also been cMusidered in the English House, and the same conclusion arrived at in rt'i'erenee to a bill whiih had disappeared I'rom the order paper, on account of a committee havinu: risen without rcporiini"-.- On another occasion it was decided: '' It ji n emlicr winlu's tt» altei" a liill his r-mi-sc is to ask loavo of tho IIoiisi' to witlnlraw the l>ill ami present atiotlief iristoail tlioieot'. I'lulci' sucli t'irciinistaiK'e.s no notice on tlie ])art of the nicinlier in cl!iir:^c is noc'cs>ary in nrdcr to raise the (juostion wliotlicr lie >lioiilil, or .-lioiilil not, lie pci-niitlcd to |irescnt anotiicr bill." ' Aii'ain, when the motion lor the second readins:^oi'abill lias been neuatived, it has ln'cn immediately followed by another for reading it that day three or six months.' If a bill becomes a dropped order by the counting out of the House it is lompetent for a member to revive it on a sub- sequent day without notice." In the Senate, on one occasion, a jirivate bill wav: re- ' <'an. SjH'ak. I>. i:>l.'. Iiitorcst 1)111, ls7(>; insolvency bill, .\pri 115, ls7t;; I'lill for relief of Holiert t'ampboll, April 24 and 'Jti, IS77, Cuii. Ilaiis., l.s:!7. Allien railway company bill, April L'7, ls77. (riniinal law anien'lnient bill, :^iitb Marcb, ISS;) (Mr. S[KMikcr Kirkpatrick's decision). C'riniinal Law l-'.vi.lence Itill, Can. < 'om. .1. (Iss4), 1 '.tt I, L'n: !,•_';',() ; Fraud in ("ontracta Uill, ll>. 2:5(1, 2:JL'. Asli Divoivc. Hill, //-. (1ns7), :!;5t>, :<:;s; Cruelty to Animals I'.ill, //-. (iss'.t), 1<»!I, 11:5. l.owry l>ivon;e Uill, //-. L'lM, !'»'»'. .Mr. ."speaker .Mian's decision. Law of Kviilenco .Vniendnient I5ill, S?en. l>ob. vl8S(i), .v.)."), .'itiS. - .See rennir!:s of Mr. ."Speaker I»enison on this point, 17<'> Iv Hans. (3), '•'•). ■ -Jl.-) K. Hans. ([\, :5(t:;. Also ^l-i Ih. 1(14. * l(i7 K. C(jni. .1. L'<)7; llo lli. li'lt. The same course mav be followed in ease it is altenipteil to restore a bill lost in committee of the wbole; !?i'n. Deb. (ISSd), o<>.'^. Tliis is done to prevent a revival of the bill ; the same session. •> >'•.-' !•:. Hans. (;'.), 171t); iilackmore's ^p. D. (ISSJ), 34. •HMIf iSnioDVi KD liy MI^IAKE «U]5 t'>rre(l to tht' supn'iru! court lor an (>[>inion as to wlifthi'r it caiiio within th»' jnrisditti(»ii ol'tlu' parlianiill lie rt'sturt'il to the nnh'i's — a iiioiioii for the third readiiiir liaviii;; heeii su|«'rse(lfil hy an aineinliiieiit to tlio ■< mu', ami it heiii;r 'he j.'eneral ilesire ti> proceeil at nnee with the iiiensuie. .tour. •_':'> l-.:'. 2 ; l)eh., Ist May. See Mr. Speaker Allan's ileeisioii on tiie [Hiiiit of order. -March -») and L'T. IS7S. See (an- Hans. (1^7s)snl tor an illnstratiori of a fa>.e where a private hill hai h(H>n inirndmetl liefore the appliiation lias heen reported on l»y the coinniittee on standinir orders. Also Can. <'oni. .1, (,lsso),.-)!t, <;;! Cmarriau'ebilh. J wmrm % ^., IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 ^1^ l!M 1.4 2.0 1.6 V] m^ ^1 4 ^ V Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 £: 1 •SS \ <^ ^. ^6) Ih. (iSSOi, 274, 275; Lh. (1882), 56. Ih. (1890), 283. Sen. Deb. (1889), 721. Amendmenis made in a select committee to a bill may also be concurred in forthwith ; Sen. Deb. (18S4i, 325. ■■' Sen. J. (1889) 226, 229.; lh. (1890) 229, 245. ' //*. (1869), 226, 230; lh. (1S78). 286; Ih. (1890) 262, 264, 281. etc In the Lords (S. O. of the 25-28 June. 1715. 20 May 1801, 3 July 1848, No. 39) " No committee ( f the whole House shall proceed on any bill the same day the bill is committed for the first time " and " no report shall be re- ceived from any committee of the whole House the same day such com- mitiee 2oes through the bill." u ss w ith , oach on lI to pass ■heuever hi^ same », ill cou- W The lie wliole ,se of the ' thereon, ajjreed to u different uordinaiy ed two Of mmoiis, it |)use to de- quire the to the effect ordance will' was given of !, (iSo-B) Pi- .' (ISS'J), 721. Hbe concurred ll. etc In the llS48, >'o. 3'.>) l)i\l tiie same Tt shall \)e re- Lv such com- uii<'j:s(jy. 637 rapid passage of the measure ;' aud whenover the sense of the House is to take more than one stage on the same day, the speaker has permitted it to be done. As a ruh\ bills in the English Commons pass through their various stages with an interval of a'day or two betweon each. If a bill is amended in committee, it will not be considi'red immediately and read a third time on the same day except under exceptional circumstances. Towards the close of tlie session, however, bills which have not been amended in committee are frequently allowed to be read a third time forthwith.- " It was at the option of any hon. mem- ber," said Mr, Speaker Denison on one occasion, "if he thought it inconvenient or improper, to interfere ; but if the body of the House was satisfied that there was no objection, then it had not been unfrequent that a bill, if it had passed through committee without amendment or objection, should be read a third time and passed on the .same day." On the same occasion the mover of the bill stated that he had given notice on a previous day that he should ask to be allowed to piiss the bill through all its stages on that evening.' In fact, in England, as in this country, when urgency can be shown, the House will allow a bill to pass through several stages ' (except money 'Can. Speak. D.Nos, 40, i:J9, 140 ; also Can. Hans. (1S7S), 2006-7, 2157; ■.dso 250 E. [lans. (3), 708, Speaker IJrand said in ISSO : " It is occasion- ally tlie custom to pass hills through their different stages at one and the same sitting. That course, however, is never taken excej)! in cases of extreme urgency, and with the general assent of the House." 254 E. Hans. \o), 609-10, 046. -R. 47 leaves it within the authority of the House to order the 3 R. immediately in such a case: "When a hill is reported without amend- ment, it is fortiiwith ordered to be read at sucii time as may be ap- puinted by the House," Can. Hans. (1S79), 1575, marine electric tele- L'raphs bill. 484 E. Hans. (."), 2107. See also Mr. Speaker Macpherson's decision ; Sen. Deb. (1S80), 216, ' May says " there are no orders to be found in the journals which for- bid the passing of bills in this manner," p. COO. Also 24-1 E. Hans, (o), 1491-2. Can, Hans. (18S6), 1714, a case in which urgency was pressed. f|l i! ■!! 1 II ■■; \r : 1 ■1 Ir'l If I i M' Iv. ; i-. !•■ " ■ :'.il.; VT 638 PUBLIC BILLS. bills of course) ' on one day ; but such occasious seldom arise, and the wise practice is to give full cousideration to every measure. XXI. Bills, once introduced, not altered except by authority of House.— While a bill is in progress in the Commons, no alteration whatever can be made in its provisions except by the authority of the House. If it should be found that a bill has been materially altered since its introduc- tion it would have to be withdrawn.- A clerical alteration, however, is admissible.' If it be necessary to make any changes in a bill before the second reading, the member in charge of it will ask leave to " withdraw the bill and present another instead thereof." ' In the Canadian House, 1874, the order for the second reading of a bill relative to usury was discharged, and the bill withdrawn. On the followinu' day, the member interested in the bill was given leave to bring in another on the same subject, but with an amended title.'' In the session of 1882, the atten- tion of the speaker was directed to the fact that the re- presentation bill had been materially altered since its iu- trodu* tion, and that it was not, in consequence of such alterations, the same bill that had been presented a few days before to the House. Mr. Speaker Blanchet at once decided that the bill could not be allowed to proceed, and that it was necessary " to follow strictly thereafter the practice of the Engli.!«h parliament and not permit any changes, except mere clerical alterations, in a bill when once regularly before the House." The bill was accord- ingly withdrawn and another immediately presented." ' See nipra. 559. No instance of this course being taken in Englaml witli regard to money bills, 239 E. Hans. (3), iri). 2 215 E. Hans. (3) 300. =" 108 Ih. 969 : 237 Ik 302-3. « HI E. Com. J. 211. 213; 117 Ih. 202; lo2 lb. 84, 243. H:an. Com. J. (1874), 123, l.'G. " lb. (1882), 400. seldom atioii to Lhority of nous, no IS except )e found Liitrodin- Iteration, Liake any member ? bill and an House, relative to . On the bill was ibject, but the atten- lat the re- lice its in- e of such iited a few .et at once ■oceed, and eafter the lermit any bill when as accord- presented." CORRECTION OF MISTAKES. 039 No notice need be given in such cases, as the orii?inal order of leave for the introduction is still operative.' XXII. Mode of correcting mistakes during progress of a Bill- Sometimes mistakes are discovered in bills after they have been sent up to the other House. For instance, bills may be sent without having 'passed all their stages, or with- out certain amendments that had been made therein. When a bill has been sent up by mistake Id the Lords without certain amendments, a message has been trans- mitted to that House asking them to make the necessary amendments, either by adding the requisite provisions, or by expuni.:ing certain clauses or parts of clauses.- "When a bill has been sent up without having been read a third time, a message has been received for its return ; and in such a case, if the House agree to the recjuest, the bill will be discharged from the orders.' On another occasion, when several amendments made by the Commons were not in the bill sent to the Lords, the former have trans- mitted a correct copy of the bill.' In the session of 18*75, a bill " to incorporate the Ivoyal Mutual Life Assurance Company of Canada " was amended in the Senate and sent back to the Commons, where the amendments were concurred in. Subsequently the House of Commons was informed by message that an amendment to the title had been inadvertently left out in the copy of the bill sent back to the Commons, and requesting that leave be given to the proper officer of the Senate to supply the omission. '215E. Hans. (3), 307. - 7S E. Com. J. 317 ; 91 ll>. 03!) ; 92 lb. GOO, 646 ; 100 lb. S04. " 75 E. Com. J. 4-17 ; SO lb. 512; 92 lb. 572. ' 101 lb. 1277. In the old Canadian legislature tlie practice vvap genei- ally to ask for the return of a bill, when it had been Le!it up without amendments or was otherwise inaccurate. Leg. As.s. J. (1S60), 268, 274 ; 379 ; 380. When a bill hae been sent down by mistake, a message is sent for its return, and a new one then brought down. Leg. Ass. J. (1854-5), 1014. In another session, amendments were agreed to in error, and the bill had to bo brought back ; lb. {1SG5, 2nd sees.) 260, 209. Mil I ' ! ..it- \\i !f ! :f- i ■ I 1 1 11 G40 rUBLIC BILLS'. It was aoAordiiigly rosolvod by the House to give the ne- cessary leave, aucl a message was returned to that effect. Then the omitted amendment was considered and regu- larly agreed to.' This is the ordinary practice now in the case of an amendment being omitted in any bill.- But when a bill has been sent to the other House without having passed through all the necessary stages, a message must be sent for the return of the bill ; and when it has been brought back, it will be taken up at its proper stage and passed in due form — the standing orders being sus- pended when necessary.' "When a bill has passed all its stag<'s, and it is discovered that it should have previously received the royal consent, it will be necessary to strike out the entry, and give an opportunity to the member in charge of the bill to obtain the necessary assent.' XXIII. Accidental Loss of a Bill diu'ing a session— If a bill presented to the House should be accidentally lost during its progress, the House, on being informed by a member that it is missing, will permit another bill to be presented ; but the proceedings must begin de novo? In the session of 1849 a large number of bills were destroyed by the burning of the parliament house at M<^ntreal ; and a com- mittee \vas appointed to consider what was to be done under the circumstances. The committee reported : "Your committee consider that the substantial point to be ascer- tained with a view to the public interest is the actual ' Can. Com. J. (1875), 353-4 ; Sen. J. 258, 2G7-. '' 103 E. Com. J. 736 ; 112 77^ 420. ' 119 Ui. 370, 374 (Lords bill). In 1877, when an amendment had been made by a select committee of the Commons, but not agreed to by the house — not having been reported by the committee — the persons in- terested in the bill took steps to have the amendment made in the Senate forthwith ; this plan saved time. Kincardine harbour bill. Otherwise it would have been necessary to ask for the return of the bill and com- mence proceedings dc novo. ' 107 E. Com. J^ 157 ; si(pra, 541. '" 2 Hatsell, 207 ; Bramwell, 28 ; 03 E. Com. J. Jesuits' Bark bill. ! the lic- it oUect. lid regu- \x in the 11.- But withovit , message en it has ,per stage ic'iiig si-'is" sed all its ,revioui!-ly to strike icmber in t.' -If a bill ost driving a member presented ; the session ed by the land a com- ;o be done :ed : "Yonr o be aseer- the actual lent had been Jreed to by the Le persons in- in the Senate Otherwise it Ibill and com- krk bill. ONCE PASSED OR REJECTED. 641 sta^-3 ill which each bill was under the consideration of the House at the time it was lost. When that is once ascertained to the satisfaction of the House, your commit- tee can see no necessity upon any general principle to treat them as in any other stage of parliamentary progress towards completion than that in which the calamity by which they were overtaken found them." ' By reference to the proceedings of the legislature it will be seen that in most cases a new bill was presented and passed imme- diately through all its stages. For instance, a bill in reference to marriages had been passed and returned by the legislative council with amendments previous to the fire. A message was afterwf rds sent to the council in- forming them that the bill had been destroyed ; a new bill was then sent up and passed by both Houses with- out delay. - XXIV— A bill, once rejected, not to be again oflered in the same session.— Exceptions to rule.— It has been elsewhere' shown that it is a well established rule of parliamentary practice that no question or motion can regularly be offered upon which the judgment of the House has been expressed during the current session. But while this rule is recog- nized as a general one, it is limited in its application as respects bills. In reference to amendments to bills, Hat- sell lays down the uniform practice which still obtains in the Canadian and English Parliaments : '• That in every stage of a bill, every part of the bill is open to amendment, either for insertion or omission, whether the same amend- ment has been, in a former stage, accepted or rejected." ^ ' Leg. Ass. J. 1840, App. S.S.S.S. Mr. Baldwin was chairman. - Leg. Ass. J. (1849), 287. 298. Also Montreal Merchants' Exchange and Reading-room bill 285, 301 ; Quebec St. George's Societ::, 223, 302 ; here the bill had tinally passed both houses, and a new bill was ordered and rules suspended ; Roman Catholic Archbishop of Quebec bill, 243, 287, 309, 313. •' Chap, si., s. 9. * 2 Hatsell, 135, n. 41 1^5 A\ I : » ( it I Hi: 1 M 1 : » ■ I n i i i 11 Sip ■ - * 1 1 : ; ( 1 iH ;, h : _'. 1 : \:^ :i i ' A,Mi Mm iH 642 PUBLIC BILLS. if. II y~! But if au amendmeut has been rejected in a committee of the whole ou a bill, it cannot be proposed again durino- the pendency of the bill in the committee.' The following illustrations of the practice with refer- ence to bills' are given by the English authorities, and are sufficient to show how far the application of the general rule is carried in such cases : Where the House has merely come to a vote, refusing leave for the introduction oi' a bill, and a motion is after- wards made, which is objected to on the ground of its identity with the former, the question must be determined by comparing together the two propositions as they stand. Thus, where a motion was made for leave to bring in a bill "to relieve from the i)ayment of church rates that portion of Her Majesty's subjects who conscientiously dissent from the established church," which was decided in the negative, a motion subsequently made " to relieve dissenters from the established church from the payment of church rates," was considered to be within the rule. and consequently inadmissible, on the ground, that the two propositions, though different in form and words, were substantially the same.- If the second or third reading of a bill sent from one house to the other, be deferred for three or six months, or if it be rejected, it cannot be regularly revived in the same session.^ Again when a bill has finally passed, it cannot be introduced again in the House w^here it was presented.^ But there are ways of evading this rule, when ' May, 335; 211 E.'Haiis. (3), 137. ■' 1 Hans. (3), 553. ■■'May, 337; Bramwell, 27; Hakewell, s. 5; June 22, 1821, forgery punishment ; Jan. 9, 1807, Ibid. * May, 335. The Senate have a special rule on this point, jS'o. 46 ; " When a bill, originating in the Senate, has passed through its final stage therein, no new bill for the same object can be afterwards originated in the iSenate during the same session." This rule came up for discussion in the Senate in 1883, when a bill in amendment of a Senate bill passed ONCE PASSED OR Rl J EC TED. 043 the necessity arises. For instance, if a bill begun in one House be rejected in the other, " a new bill of the same matter may be drawn and commenced again in that House whereunto it was sent." Or, if a bill " being begun in either of the Houses, and committed, it be thought by the committee that the matter may better proceed by a new bill, it is likewise holden agreeable to order, in such case, to draw a new bill, and to bring it into the House." ' Or if a bill be altered in any material point, both in the body and title, it may be received a second time.- Or, when a bill has been rejected in the Lords on account of its mul- tifarious provisions, the House of Commons has given leave for another bill to be brought in during the same session for some of the matters contained in the former bill, others being omitted ; but the House has in such cases directed an entry to be made in the journals of the reasons which induced the House to pursue this course.* And when part of a bill has been omitted by the Lords, and the Commons have agreed to such amendment, the part so omitted has been renewed, in the same session, in the form of a separate bill.' Again when the Lords have inserted clauses in a Commons bill, which appear to infringe upon the privileges of the latter, the bill has been dropped ; and in such a case, the Commons have allowed the introduction of another bill, containing the amendments to which they have been willing to agree ; and the bill has been ultimately agreed to by both Houses.' i\y ■1} : ! , I i! that session (booms in navigable waters bill) was introduced. It was considered advisable to suspend the rule ; but the more correct course would have been to have presented the bill in tlie Commons. Sen. Deb. 612-13. 1 Lords' J. 17th of May, 1606; 2 Hatsell, 125; Bramwell, 27; 151 E. Hans. (3i, 699. ^ Bramwell, 27 ; Hakewell, sec. 5. •' Bramwell, 27 ; E. Com. J., 9th of Jan , 1807. ♦ May, 336, drainage (Ireland) bill ; drainage and improvement of land (Ireland) bill, 18G3. ^ May, 337. 644 PUBLIC BILLS. Or, in case tho bill is brou^^ht up with amencbnents to which the Commons cannot agree consistently with a retrard to their own privileges, they may lay the bill aside and bring in auother.' But il' ;i bill has been T'^'jected during the session, and another bill is still before the House containing provisions similar to those in the former bill, it will be necessary for the House to strike out those provisions which have been already negatived.- The foregoing examples illustrate cases where there is a public necessity for passing a bill ; and it will be seen that the Houses, in the means they took, did not practi- cally violate the general rile, the wisdom of which is obvious. The rule has always been strictly enforced in the Canadian Commons ; notably in the case of two Interest Bills in the session of 1870.' In the session of 1877, Mr. Barthe introduced a bill to repeal the insolvency bill, which was ordered for a second reading on a future day. Some days later Mr. Palmer introduced a bill with the same title, and to the same pur- port. The f[uestion was raised, could the latter bill be regularly presented, since there was already one on the same subject before the House ? By reference to the English authorities it was found that a similar question came up in the House of Lords during 1854, and Lord Lyndhurst stated the rule as follows : " Whilst a bill is still pending, and until it is completely disposed of, there is nothing whatever to prevent another bill for the same object being introduced." Lord Lyndhurst also quoted a memorandum from an eminent officer of the House of Commons (Sir T. E. May) to this effect — " No objection can be raised to the introduction of a bill into the House '91 E. Com. J. 777, 810; revenue charge* bill, 1854. 2 203 E. Hans. (3), 563. ' Can. Com. J. (1870), 314 ; one bill was postponed for three months, and the speaker refused to allow the introduction of another. Also Can. Sp, D. Nos. 51, 111 ; 123 E. Com. J. 132, 145. nOriL ASSENT. (145 of Commons on the ground of thfio boinu' a similar l)iil already before the House. Indeed we have at present two India bills before us, — Lord Palmerston's and Lord Derby's — awaiting a second reading-. It is the re/'ectiun and not the pendency of a bill that creates a diiPiculty as to the ulterior proceedings. The rule applies to both Houses." ' In the case of the insolvency bills just referred to, Mr. Barthe's was postponed for three months, and when the order for the second reading of the other came up, Mr- Palmer moved that it be discharged. Many casi-s of bills to the same effect having been introduced in the same session, will bt' found in the Canadian Journals.- It is always regular for a member to introduce a second bill upon the same subject, with the intention of moving the discharge of the order on the first bill, w^hen leave has been given for the introduction of the second.' XXV. Royal Assent to Bills.— The bills passed by l)oth Hou3es remain in the possession of the clerk of the Parlia- ments ' or clerk of the Senate as he is commonly called, (with the exception of the supply bill which is always returned to the Commons), ' until his Excellency the Governor-General, comes down to give the royal assent in her Majesty's name. When his Excellency has tak"n his seat upon the throne and the Commons are present at the bar, the clerk of the crown in chancery reads seriatim the titles of the bills which are to receive the royal assent. Then the clerk of the Parliaments having made his obeis- ance to the governor-general gives the royal assent in the prescribed formula.'' • lol E. Hans. (3), 09!t; '_'04 /A. 2046. :Mr Speaker Kirkpatrick on supreme court bill, Can- Hans. (18s'5) 270 ; Cnsliing, sec. 2321. - Leg. Ass. J., March 20, 1S49 ; increase of representation bill, Co'.or.hl debates ; interest bill, 1870. •' 261 E. Hans. (3) 670. * Supra, 204, 205. ■' Siq.ra, 572, » Sen. J. (1878), 296-7 ; Com. J. 299-310, &c. Ij 11 fiiiWI I I: H i I i 4. •'■1! G46 vrr.Liv HILLS. iiid the royal assent on the same day.' In 1873, 1878, 1880, 1880-1, 1882, 1884. 1885, 1888, 1890, and 1801, a number of bills were assented to in thtM'ourse of the session. On such occa- sions, when the House of Commons returns from the Senate chamber, the spt'aker (who has received a list from the clerk of the Senate) will report the acts to the House, so that thi' titles may appear on the journals. ' It is an old constitutional rule that the royal assent is due and should be given to all bills which have passed all their stages in the two Houses, and are ready for that assent, when the queen or her representative comes down for that express purpose. For some unexplained cause, this rule was not observed in the session of 1800, when the assent was given to a number of bills in the course of the session.^ When any bills have been reserved the titles have also been read by the clerk of the crown in chancery, and the clerk of the Parliaments has announced the fact in these words in the two languages : ■ = * . ' Can. Com. J. (1867-S), 134. - lb. (1S70). 18(>, ISS. •■' Ih. (1S7S), 177; i:U E. Com. J. lO.S, iVc. ' See remarks of Mr. Blake, Can. Hans. (1890) 2594, 2595 ; May, 592 ; 2 Hatsell, 339. No action was taken on seventeen bills. nFsr:Rvi:D. 647 " IIIh Kxt'cIlt'iK'y tlio (rovoniorGtMUMiil, doth roKci'vo these MIIh for tin* si^^iiiticiition of hvr MajoHly's ])l<'i>siiro thoi-eon." The followini^ aro iho sections in the JJritish North America Art, 1867, whis((ntrt thoroto in the (jueon's nanio, or that h(! withholds the (lueen's assent, or that h^ rosorvcs the hill for tho sii^idllcation of the (|ii('en'H jtleasuro. 5(). "Where the <4overnor-;jjetieral assents to a hill in tho (pieen's name, ho shall, l»y the tirst (tonvenieM opportunity, send an authentic coj>y of tho act to one of her .Majesty'rt principal secretaries of state, and if tho <|Uoen in council within two years at'tei" I'occipt thereof hy tho . ocrotary of f-tale thinks lit to dis- allow th(( act, such disallowance (with a certificate of the secre- taiy of state of tho day on which the act was i-ecoiviMl hy him) hoing slgnitiod l»y the goveiMioi'-gonoral, hy speech or message to each r)f the houses of the parliament, or hy pi'oclamation, shall annul tho act from and after tho day of such signitication. 57. "A bill reserved for the signification of the queen's j)lea- Bure shall not have any force unless and until within two years from tiio day on which it was presented to tho go ernor-genoral fu)' the queen's assent, tho govei'iior-general signifies by speech or message to each of the Jfousesof the Parliament or by j)roclama- tion that it has received tho assent of tho queen in council. An entry of every such speech, message, or proclamation, shall be made in the journals of each House, and a duj)licate thereof duly attested shall be dclivei'cd to the proper officer to be kept among the records of Canada." The foregoing sections are also found in tho union act of 1840, and the constitutional act of 1791.' The governor- general's instructions, previous to 1878, directed him not ' 3 c, because the parties were not at the time domiciled in Canada — Mr. Harris being an oliicer in the army — and tha conrts of law would not on that account consider such an act as a valid divorce. Can. Leg. Ass. .T. (is-lij), 20. -' r)2-33 \lct., V. 74 ; Can. Sess. P. 18G9, No. 73. 8ee proclamation in the Ciwadit Gazelle, Oct. 16, 1860, and Can. 8tat. 1S70. ■' Can. Sess. P. 1875, No. 28. * :n Vict., c. 04, amended by 33 Vict., c. 25. •"' See Todd, Pari. Govt, in tlie Colonies, 201, et .st"/. ; Can. Sess. P. 187G, No. 40 : //-. 1877, No. 13. pp. 10-18. And see Rev. Stat, of Can. c. 142. ' 1 1 650 I'UBLIC BILLS. ■ 1; (T ■ In 1874, a bill to regulate the construction and mainten- ance of marine electric telegraphs was reserved, becauso it might " possibly be considered to prejudice the interests and rights of property of her Majesty's subjects not resid- ing in Canada," as provided against in the seventh para- graph of the royal instructions ; but all difficulty w^as removed by the passage of another bill in a subsequent session, in order to meet the views of the opposing par- ties.' In 1873 and 18*78, the governor-general reserved three bills : 1. An act respecting the shipping of seamen ; 2, An act relating to shipping, and for the registration, inspection and classification thereof ; 3. An act to repeal section 23 of " the merchant; ' shipping act, 1876," as to ships in Canadian waters. The first two acts subse- quently received the royal assent in council, and procla- mation thereof was duly made by the governor-general in the Canada Gazette,- but the third act (of 1878) never became law, as it was considered to contain provisions in excess of the powers of the Canadian parliament.' Since 1878, the royal instructions have been amended in certain material particulars. These instructions were originally framed for provinces and colonies possessing limited powers of self-government, and could not possi- bly apply to a dependency of the Crown, " which is en- titled to so full an application of the principles of consti- tutional freedom as the dominion of Canada." ' When the commission and instructions of the governor-general were at last revised, the imperial authorities recognized the peculiar position of Canada and omitted the clause in the inr>tructions relating to bills. These and other changes ' ;)8 Vict., e. 26; Can. Sess. P. 1875, No. 20; lb. 1877, No. 119. ' See beginning of statuifs of 1874. It has been the practice to print reseived bills, when 8ubae(]iiently sanctioned by the Crown in this way, in the statutes. The proclamation always api)ears in the Canada Gazdi . ' T' id. Pari. Govt, in the Colonies, 150. M an. Sess. P. 1877, No. 18, p. 4. IMPERIAL POWER OF DISALLOWANCE. 651 were the results of the action of the government of Cana- da in 1876 and 18tt, when the minister of justice (Mr, Blake) made various suggestions, in an elaborate state paper, which were practically adopted by the imperial ministry. In his memorandum on the subject he directed attention to the fact that " it would be better and more conformable to the spirit of the constitution of Canada, as actually framed, that the legislation should be completed on the advice and responsibility of her Majesty's privy council for Canada ; and that as a protection to imperial interests, the reserved power of disallowance of such completed legislation is sufficient for all purposes." In the final despatch on the subject, the colonial secretary of state mentioned that the clause in the former royal instruc- tions, requiring that certain classes of bills .should be re- served for her Majesty's approval, '* was omitted from the revised instructions, because her Majesty's government thought it undesirable that they shorld contain anything which could be interpreted as limiting or defining the legislative powers conferred in 1867 on th*) dominion parliament." ' In 1878, an act passed by the parliament of Canada to effect a judicial separation of certain parties from the bonds of matrimony received the assent of the gover- nor-general, though it would ha\v,' been reserved in pre- vious years, in accordance with the old instructions.- The only bill reserved since 1878 was one entitled ''an act further to amend the act respecting fishing by foreign vessels," which affected the international relations be- tween England and the United States.' It is now understood that the reserved power of disal- ' Can. Sess. P. 1877, No. 13. See despatch of Sir Michael Hicks Beach, colonial secretary of >tate, .Srd of May, 1S79; Can. Sess. P. LSSO, No. 51 (not printed). ' 42 Vict., c. 79 ; i^^n. Deb. (1879), 287. ■' In 1880, Sen. J. 2S4, 285. See Bourin.-^t, ■^-'f ral Government ia Canada, 30. ;;■ ( f I' ii Il ii^ 652 PUBLIC BILLS. lowance which her Majesty in council possesses under the law, is sufficient for all possible purposes/ This power of disallowance can be exercised, not merely in cases where imperial interests are affected, but even in matters of a purely local character, when it is shown that the act is beyond the jurisdiction of the dominion parliament. For instance, in 1873, the imperial government disallowed an act " to provide for the examination of witnesses on oath by committees of the Senate and House of Com- mons in certain cases," on the ground that it was beyond the competency of the parliament of Canada. As shown elsewhere, doubts were expressed in the House during its passage as to its legality ; but the governor-general, in view of the necessity that existed at that time for the measure, gave the royal assent, and then directed the attention of the imperial authorities to the subject, with the result just stated.^ This precedent shows the value of the power of disallowance under certain circumstances, and that it is equal to all exigencies. In accordance with established usage no act of the par- liament of Canada can be disallowed, except upon the issue of an order of the queen in council. ' The mode of informing parliament of the disallowance has alreadv been given in section bQ of the British North America Act.-- Acts are sometimes passed with suspending clauses ; that is, although assented to by the governor-general, they do not come into operation or take effect in the dominion until they shall have been specially confirmed by her Majesty in council. In this way, bills are prac- ' Can. Sess. P. 1S77, No. IM, p. 9. •^ Can. Com J. 1S7;>, 2n(l sess., 5, et seq. See supra, 525, 526, where tb.e history of the act is given. •' Co), reguhitions, No &! ; col. office list, 1890. *• Can. Com. J. 1873. 2n(l sesa., 5; Sen. J. 14. See Leg. Ass. J. 1S60, i>. vi. for a proilamatioii disallowing a Canadian act. uder the s power ia cases L matters it the act rliameut. sallowed uesses ou of Com- is beyond ^s showu duriugits joneral, iu le for the rected the aject, wnth 5 the value umstances, of the par- upon the ,^e mode of [as already li America [if clauses; lor-geueral, feet iu the coufirmed are prac- I26, where the Lss. J. li^GO.r. ROYAL ASSEXT. 653 tically reserved, siuce it is only hy order iu council that they become law. When approved and confirmed by the Crown, a proclamation will appvar in due form iu the Gazette, to bring the act into force.' The following is the only paragraph in the amended instructions that refers to legislation in Canada : IV. " Our ijjiid govci-nor-genoral is to take care that all hiW8 assented to by him in our name, oi- reserved for the signification of our pi easr.re thereon, shall, when transmitted by him, be fairly abstracted in the margins, and bo aceompanietl in such cases as may seem to him necessary, with sufi) oxplanatDry observations as may be required to exhibit the reasons and ocrasions for pro- posing such laws; and ho shall also transmit fair copies of the journals and minutes of the proceedings of the parliament of our said dominion, which he is to require from the clerks or other proper otiieers in that, behalf, oi" the said parliament." The same para^i.tph has always appeared in substance in the instructions issued to the governors-general of Canada since 1763." An act of the parliament of Canada requires the clerk of parliaments to certify and deliver to the governor-general a bound copy of the statutes for transmission to one of the secretaries of state, as required by section 56 of the B. N. A. Act, together with certified copies of all reserved bills. ' Hatsell quotes Sir Edward Coke as saying in 1621 : "When bills have passed both Houses, the king's royal assent is not to be given, but either by commission or in person, in the presence of both Houses.'' In his comments ou this point, Hatsell shows that " the law of this realm is, and always hath been " to this effect.^ The British North 1 Col. regulations, No. 49; .ol. office list, 1890. See 33 Vict., c. 14, s. 3. - See copy of instructions issued to Governor Murray, 7th of Dec, 1763, in Doutre et Lareau, Histoiie du Droit Canadien, 556. ' 35 Vict, c. 1, s. 4; Rev. Stat, of Can., c. 2, s. 4. * 2 Hatsell, 338. Dr. Todd does not consider the practice of giving the assent in the presence of the two Houses as "essential" (Pari. Gov. in the Colonies, 131). The practice, however, in this country has been uni- lUit I ' ! i II . \v. ^\\\ i 'i !: 'Ml ■ ■ :;ii ;ill ; I 3 it !! ju: 654 PUBLIC BILLS. America Act. like previous imperial statutes providing: coustitutious for Canada, is silent on the question ; but it has always been the practice to follow the ancient usage of the parent state in this respect, and to give the assent of the sovereign in the upper chamber in the presence of both Houses. In 1841, the governor-general, Lord Sydenham, was un- able to come down to the legislative council, but sent a message on the ITth of September requesting the mem- bers of the two Houses to adjourn on the afternoon of that day to government house, where he would declare the royal pleasure on the bills passed that session. But in consequence of the serious turn his illness had taken (he died two days later) the assent could not be given at government house. On the 18th of September a deputy- governor formally assented to all the bills in the chamber of the legislative council,' In this case it will be seen that the proposed departure from constitutional usage was only as to the place where the assent was to be given. In 18T9, a dead-lock occurred between the two Houses in the province of Quebec, and the assembly adjourned for two months, but the council remained in session for some time later. The lieutenant-governor came down to the council chamber a few days after the adjournment of the assembly, a^d gave the royal assent to the bills passed up to that time. The speaker, and officers of the House, including the serjeaut-at-arms with the mace, were pre- sent outside the bar. Subsequently, when the assembly met, it w^as proposed to pass a bill to remove doubts as to the legality of the assent, but the session came to a pre- mature close on account of the defeat of the ministry, before any measure could become law. "When the lieu form in accordance with tlie wi*e principle of following British consti- tutional usage in the opening and the closing of the legislatures of this country. 1 Leg. Ass. J. (1841), G38, 040. THE ASSEyr ly the local legislatures. 655 tonaiit-governor prorogued the legislature^ he gave the assent again to all the biP-^ in the presence of the two Houses — his previous proceeding being deemed iusulh- cient.' Should a bill receive the royal "assent without having, through some inadvertence, passed through ail its stages in the two Houses, then a serious question as to the vali- dity of the statute may arise. Cases of this nature have occurred in the parliamentary practice of England and Canada. In 1829, the Lords amended a Commons bill relating to the employment of children in factories, but did not send it back that the Commons might consider it as amended. After it had received the royal assent, the speaker of the Commons drew attention to the mistake. The amendment was agreed to by the House, after a con- ference on the subject, and a bill was passed to render valid and effectual the act in question. In 1643, Mr, Speaker Lefevre called attention to the fact that the School- masters' Widows' Fund (Scotland) Bill had been returned by the Lords to the Commons with amendments, but be- fore these were ag^'eed to, it was taken up by mistake to the other chamber, ard though it had not the usual endorsement, a ces amendmens les communes sonf. uiisenl.us, the mistake was not noticed, but the bill received the royal assent in due form. In this case also, a new act was con- sidered necessary to give validity to the measure.- In 18*77, the lieutenant-governor of Quebec assented to a bill intituled '' an act to provide for the formation of joint-stock companies for the maintenance of roads and the destruction of noxious weeds," though it had only been ^! Hi i: ' Quebec Leg. Coun. J. (1879), 208, 221 ; Ass. J. 350, 352; Montreal Gazette aad Herald, Oct. 28, and Nov. 1. It is stated on the authority of the first paper that when the speaker presented himself on the first occa- sion of the assent being given, he did not occupy the place specially provided for him at such ceremonies. See Ann. Reg. (1879) 172-9. '' 69 E. Hans. (3), 427. See Bourke's Precedents, 64-6. May, 600-3. 656 PUBLIC BILLS. \ •! read twice in the assembly. Apparently in the hurry of the last hours of the session, the clerk, by mistake, had certified it as passed without amendment. The error was immediately discovered by the attorney-general, who made a report to the authorities at Ottawa, and suggested that the act be disallowed. The minister of Justice (Mr. Blake) declined to take this course because the bill was not an act, but only so much blank paper. He pointed out that, according to precedent, an act might be passed in the legislature to declare the act to be invalid, and that, meanwhile, it was in the power of the lieutenant- governor in council to refrain from putting it into opera- tion. The Quebec government concurred in this opinion, and directed that the act should not be printed among the statutes of the session.' It will be remarked that, in the English cases cited above, parliament was sitting when the mistakes were discovered, and was able to provide against the difficulty that might arise. In the Quebec case, the government had to deal with it at once on their own responsibility. XXVI. The Assent in the Provincial Legislatures.— While the governor-general, and the lieutenant-governors of Ontario, Quebec, Manitoba and Bri^ish Columbia assent to bills in her Majesty's name, a different practice prevails, now as before confederation, in the maritime provinces of the dominion. In Nova Scotia, New Brunswick, and P. E. Island, the lieutenant-governors give the assent in their own names ; the reasons for this difference of practice have never been authoritatively explained. By section 90 of the B. N. A. Act, 1867, it is provided that the provisions of sections 55, 56 and 57, are " made applicable in terms to the respective provinces and the legislatures thereof, with the substitution of the ' lieuten- ant-governor ' of the provinces for the ' governor-general,' ' Can. Com. Sess. P. 1879, No. 19, p. 20, and No. 2G. RESERVED OR VETOED. f)57 of the ' i:roTernor-<^eueral ' for the ' queen ' and for a ' secretary of state,' of ' one year' for two years, and of the province for * Canada. ' " Consequently it is now within the discretion of a lieutenant-governor in any province, when any bill is presented to him for the necessary assent, to reserve the same " for the signiliration of the pleasure of his excellency the governor-general there- on." Such a bill cannot go into operation unless, within one year from the date of its having been reserved, the governor-general shall issue his proclamation intimating that it hay received the asse t of the governor in council.' The governor-general in council also possesses the same power with respect to provincial acts that her Majesty in council can exercise in the case ofdominion acts, and may at any time within a year from the passing of a provincial act, disallow it for good and sufficient reasons." This im- portant subject is briefly reviewed in the first chapter of this work. The lieutenant-governors of the provinces have some- times reserved bills for the consideration of the governor- general in council.^ In Nova Scotia, New Brunswick, and P. E. Island — but not in the other provinces — they have also, on several occasions, withheld their assent from bills passed by the legislature ^ — a power not exercised by the Crown in England since the days of Queen Anne.^ ' Tliese proclamations always appear in the Canada Gazdteand Canada Statutes. - See Canada Gazette, Deo. 4, 1869, p. 386. ■ Nova S. Ass. J. (1869). 126; New B. Ass. J. (1874), 224 ; P. E. I. Ass. J. (1879), 229 ; British C. Ass. J. (1873), 79 ; Man. Ass. J. (1879), 83 ; Ont. Ass. J. (1873), 374 ; Quebec Ass. J. (1878), 213. * Nova S. A6S. J. (1875), 124 ; New B. Ass. J. (1870), 229 ; P. E. I. Ass. J. (1880), 284. See also Nova Scotia J. for 1879 and 1883 ; New Brunswick J. for 1871, 1872, 1875, 1877 and 1882. ^ In J 707, in the case of a bill respecting the militia in Scotland. See 18 Lords' J. 506. We find in the history of Nova Scotia a remarkable case of an appropriation bill having been vetoed in 1809 by i)t. A. Croke, when president or administrator of the province. See a paper on the 42 ' 1 : fH: '1 r* ttn :!' '':ii (J58 I'UIiLW BILLS. I : The power is, howovor, expressly e tlio power of reservation conferred on him, he would do so in his capacity as an imi)erial officer and under royal instructions. So in any province tlio lieutenant-governor should only reserve a bill in his capacity as an officer of the dominion, and under instructions from the governor-general." Sir John A. Macdouald, minister of justice, in his report on the Ontario Orauge bills of 1873, Oni. Sess., P. 1st sess., 1874, No. 19. Also Can. Sess. P., 1882, No. 141, p. 101. We have no official information of such "in- structions " having been issued to lieutenant-governors. THE VETO Ji\ CEUTMS LE(i ISI^ATl'liES. G5!) thoir own (lis n'tiou aud foiv «'d to come to a <'OiU3lnsion on such matters with the assistiuicc of any advice that their ministry may give them under the circumstances. But whilst we may, by reference to the past practice of governors-general in Canada come to some conclusion as to the position of lieutenant-governors with reference to reserving bills, we have nothing whatever l)(>l'ore us as a guide to the principles which have inlluenced these functionaries in the exercise of the extreme power of v«»to. The section in question makes instructions as necessary, in the case of withholding assent, as in that of reserving bills. It might be supposed that the exercise of the minor power of reserving bills lor the conside- ration of the governor-general, would sullice to meet the most extreme case where dominion interests WDuld be imperilled by provincial legislation. In lact, the his- tory of " disallowance " show^s that the general power possessed by the general government of annulling such provincial acts as are d the power b}"^ virtue of the instructions to which they are certainly subject under the British North America Act, then they were obliged at times to use their own discre- tion, under very exceptional circumstances, in order to prevent the further progress of measures, which ( ontained provisions clearly unconstitutional or injurious to the in- terests of the dominion, whose officers they are.' The position of a lieutenant-governor's advisers, under ' See Todd, Pail- Govt, in the Colonies, 396, where he endeavours to explain the position of one lieutenant-governor from whom he had a private memorandum on the subject ; the information he gives is vague though it justifies in a measure the assumption in the text. 11 " ! i I ii \u\ I \ 1;' t- t i I f.' G60 rUDLIC BILLS. those oxcoptioiial circumstances, is v«^ry difrioiilt to explain iu accordance with th<' prim iples ol' rosponsibility that govern a ministry in th^ir relations with parliament and the head of the executive. It is not possible to suppose in these times that a bill passed by the Lords and Com- mons shonld })e I'ormally presented to the sovereign to be refused ; for such a proceeding would l)e an acknowledg- ment that the ministers who advised it were no longer responsible for legislation, did not enjoy the confidence of parliament, and consequently were not in a position to advise the Crown. 0\\yi cantiot but lome to the conilusiou that while the power of " reserving" l)ills may still be exercised at times with benefit to the dominion at large, no possible reason can be found for sustaining the veto as it has been sometimes used in the lower provinces. The veto is clearly just as irreconcilable with the principle of responsible government iu each province as it would be in the case of the government of the dominion itself.' XXVII. Amendment or Repeal of an Act in same Session.— Section five of the Interpretation Act of 1867-8, provides that " any act of the rarliame}it of Canada may be amended, altered or repealed by any act passed in the same session thereof" - By an act passed in 1883, the foregoing section was amended by adding the following as a sub-section : " The ' " It cannot be imagiiieil that a law should have received the consent of both houses of i)arliametit, in ■which the responsible ministers of the Crown are sitting, debating, acting, and voting, unless those who advise the Crown have agreed to that law, and are therefore prepared to counsel the sovereign to assent to it. If a law were passed by the two Houses against the will and opinion of the ministers of tl.'e day, those ministers must naturally resign their offices, and be replaced by men in whose wisdom parliament reposed more confidence, and who agreed with the majorities in the two Houses." Lord Palmerston, 159 E. Hans. (3), 1386. •^ 31 Vict. c. 1 ; Rev. Stat, of Can., c. 1 ; e. 6. See Can. Com. J. 1879^ petroleum acts ; 1882, Ontario Bank ; 1883, booms and works in navigable waters bill. ion was TJir-: yrATi'TEK GO I ropoal of any art, or [Kirt of an art. f-luill not rovivo anv act or provision of law n^pcalt'd hysut h a« t. or part of an act, or provt^nt the ofTt'ct of any saving* clauso therein." ' XXVIII. Commencement of ail Act.— It iis also provided by law that the . Such classes of subjects as are exj)ressly exeei)ted in the enumeration of the classes of subjects by this act ussi^ned exclusively to the legislatures of the provinces; and any matter coming witlun any of the classes of subjects enumerated in this section (!^>1) shall not be deemed to come within the class of matters of a local or private nature comprised in the enumeia- ' Courts of equity also look upon the .solicitation of a bill in parliament in the light of an ordinary suit, and will iu a proper ease restrain the pro- moters by injunction from proceeding wiih a bill. ^lay. ToO. H ■ ■ I li il ! .[ ' ;;i i .:t' i i f ' ■ 1 :;'l5 , t !i ' 1' ] { 666 PRIVATE BILLS. tion of the classes of subjects by this act assigned exchisively to the legislatured of the provinces." By section 92 the provincial legislatures may exclusively make laws in relation to the following subjects : " 10. Local works and undertakings other than such as are of the following classes : (a) Lines of steam or othci- ships, railwaj'-s, canals, telegraphs and other works and undertakings connecting the province with any other or others of the provinces, or extending beyond the limits of the province. ijb') Lines of steamships between the province and any British or foreign country, (c) Such w rks as, although wholly situate within the pro- vince, are before or after their execution declared by the parlia- ment of Canada to be for the general advantage of Canada, or for the advantage of two or more of the provinces. 11. The incorporation of companies with provincial objects. 1<). Generally all matters of a merely local or private nature in the province." Though the constitutional provisions just cited have been framed with the avowed object of clearly defining the respective limits of dominion and provincial legisla- tion, yet twenty-four years' experience has proved incon- testably that there is still some uncertainty as to the rules and principles that ought to govern the question of juris- diction. In every session of parliament, the issue has come up for discussion, and from the difference of opinion that prevails in some cases it is easy to see that the question of jurisdiction is of a perplexing character, even yet, after years' experience of federal legislation, to those who have assisted in framing the constitution itself. The writer, however, proposes to confine himself simply to a review of the legislation that has been at different times the sub- ject of debate, and in this way show^ the tendency or direction of the legislation of the dominion parliament. Diiring the first session of parliament doubts arose as to the jurisdiction of the general legislature with respect LEGISLA riVE JVEISDICTIOX. 66t to certain bills lor the incorporation of railway, insurance, building and other companies. Railways, canals, tele- graphs, and other works or undertaking.^, connecting a province with one or more of the provinces, or extending beyond the limits of a province, are expressly reserved for the jurisdiction of the general legislature. But in the case of railw^ay companies within a single province, like the St. Lawrence and Ottawa railway, which runs from Ottawa to Prescott on the St. Law^rence, or the Northern railway, which runs from Toronto to the north of Ontario,' it has been found necessary to declare them to be '" for the general advantage of Canada," or " for the advantage of two or more provinces," in conformity with sub-section 10 of section 92, cited above. Since 1867, a large number of charters have been granted to railways, expressly de- clared to be for the general advantage, or benefit, or in- terests of Canada. Some of these roads have been incor- porated in the first instance by the provincial legislatures, but they have found it expedient to come under the pro- visions of the act, in order to obtain extended powers. The policy of parliament has been for years in the direction of practically controlling the entire railway system of the dominion, and during the session of 1883 the government brought in a bill," which became law, with the object of giving effect to that policy. It is expressly declared to be " for the better and more uniform government of rail- ways " that the Grand Trunk, Great Western, Intercolo- nial, North Shore, Northern, Hamilton & North "Western, Canada Southern, Credit Valley, Ontario & Quebec and Canada Pacific railways, as well as all branch lines now or hereafter connecting with or crossing these railways or any one of them, " are works for the general advantage ' 31 Vict., cc 20 and S6. ^ 46 Vict., c. 24. " An act further to amend the Consolidated Railway Act of 1879, and to declare certain lines of railway to be works for the general advantage of Canada." See Rev. Stat, of Can. c. 109, s. 121. I! *i ■in:-;f 1 ; ! h\ i ;i I I i . ii ■ 'i 1 i '4 I ( m 1 1, \l ! r hh 1 ■ !■ ! ' i> 1' m II: T hi;!' Ril 1 t ll ^1 668 PRIVATE BILLS. of Canada within the meaning of the British North Amer- ica Act." The provisions of any act of the legislature of any province, passed prior to May 25, 1883, and in force at that date, remain in force so far as they are consistent with any act of the parliament of Canada passed subse- quently. The question was raised during the passage of the l)ill, whether the ettect of so wide a provision was not practi- cally to destroy the efficiency of provincial jurisdiction and control in the important matter of provincial rail- ways ; but it was urged on the other hand that there wore manifest public advantages in having all the rail- ways of Canada, as far as possible, under one voutrol, especially in view of the fact that parliament had here- tofore been powerless to deal with many matters requiring legislation, in the general interest of the country." It was not denied, however, even by the most earnest advocates of provincial rights that the dominion parliament has full power to declare that a work is for the general benefit of Canada, and when it has been so declared, it may be assumed to l)e under dominion control. Of course, parlia- ment should exercise that power bona fide, and not declare arbitrarily what railways are works for the general advan- tage of Canada." It is obviously difficult to draw the line, for there can be very few railways which may not be brought, for sufficient reasons, within the very wide scope of the section of the British North America Act giving parliamen:: the right to deal with such subjects. As a question of conveniency there can be no doubt that the policy of the dominion parliament has decided advan- tages ; and the only question is how far it can be carried without infringing provincial legislation with respect to local railways.' ' Can. Hans. (18S3). 1293-1304. -' Ih., 1294. ' Mr Blako, in an elaborate argument before the suitreme court of rth Amer- slature of i in force cousisteut ;ed siibse- 3f the l)ill, lot practi- iirisdictiou mcial rail- that there U the rail- ne iOutrol, t had here- 's requiring ;ry/ It was it advocates liament has leral benefit , it may be urse, parlia- uot declare eral advan- |o draw the ch may not very wide merica Act h subjects, doubt that lided advan- |u be carried respect to LEGISLA riVE JURISDICTION. 6)69 Lreme court of Since 1867, the Houses have frequently found a difli- culty in many cases in determining what class of bills come within the meaning of the section assigning to the local legislatures the jurisdiction over " the incorporation of companies with provincial objects." In the first session a bill to incorporate the Stratford Board of Trade was presented and referred to the commit- tee on banking and commerce, where the question of jurisdiction was raised. The committee, after much dis- cussion, came to the conclusion that though the board to be (treated was a local body, yet the fact that trade and commerce was under the control of the dominion parlia- ment by section 91 of the British North America Act would justify them in reporting it favourably to the House. In examining the details of the bill, however, it was found to contain provisions ior the establishment of a court of arbitration in commercial matters ; and " as the constitu- tion, maintenance, and organization of provincial courts, both of civil and criminal jurisdiction," are, by section 92 of the said act, assigned exclusively to the provincial legislatures, the committee expunged from the bill so much as related to that court, and it was then passed in the amended form.' In subsequent sessions several boards of trade were incorporated ; and in the session of 18*74 a general act was passed for the incorporation of such bodies throughout the dominion." In the same session the committee on standing orders reported with respect to the applications of the Gore Dis- trict Mutual Fire Insurance Company,and of the Sorghum Growers' Association of the Countyof Essex,that these corn- Canada in 1888, on the Manitoba Railwaj' Cro8Jc, and sub.sequently before the privy council that, inasmuch as the association had confined its operations to that pro- vince, and its business had been of a local and private nature, it followed that its objects were local and pro- vincial, and its incorporation consequently belonged to the provincial legislature exclusively. But in deciding that the act was not tillra vires of the dominion parlia- ment, the privy council stated that " the fact that the association had thought fit to confine the exercise of its powers to one province could not alt'ect its status or capacity as a corporation, if the act incorporating the same was originally within the legislative power of the dominion parliament." The company was incorporated "with powers to carry on its business, consisting of various kinds, throughout the Dominion.'' The parlia- ment of Canada could " alone constitute a corporation with those powers ; and the fact that the exercise of them has not been co-extensive with the grant cannot operate to repeal the act of incorporation, nor warrant the judg- ment prayed for, viz. : that the company be declared to be illegally constituted." ' ' Can. HaiiB. (1S85), 1007, 1008 ; Can. Com. J. 282. See 48-05 Vict.c. 95. ■^ 37 Vict., c. 103. •'' 7 L. N., 10-15. The appeal was from the judgment of the court of queen's bench, Quebec, reversing a judgment of the superior court of the m 4> |:- i :l t H- i .1 ■ ! ' : 1 ... , = ' \< \ \ll |: : ■ :■. . . I 1 ■' \' il ■ '^^iilti ijilkllllllil 676 rniVATE BILLS. •■!' ' i In 1887, objectiou was taken tothe inoorporatiou of the Imperial Trusts Company ' on the ground that it enabled a company to exercise the functions of trustees of estates in the different provinces, when it might not have an ag-ency or head office therein and be brought under the control of the courts of those provinces. The House, however, appeared to coincide with the argument of the minister of justice that, inasmuch as the company sought to do business in all the provinces, it was alone within the competency of the dominion parliament to pass it. Parliament had incorporated previously two accident cor- porations of precisely the same character, and for precisely the same purposes. In the case of Dobie,- it was prac- tically decided that the question of "territoriality," — to use a convenient expression in such cases, — that is, the extent within which the company was to operate, is to be one test of its constitutionality. More than that, the company did not accjuire any right under the bill to assume the office of trustee of its own motion ; it could only so act by the authority of one of the superior courts in each province.' In the session of 1889 objection was taken to a bill to amend the act respecting" Queen's College at Kingston, on the ground that the instiu^Hon, though incorporated by royal charter originally, had its domicile exclusively in Ontario, and was within the control of the legislature of that province which had complete jurisdiction over the subject of education. The bill, however, passed after a division by a very large majority, who appeared mainly influenv?.ed by the arguments that the corporation was only asking for the removal of restraints, w^hich were province, dismissing the petition of the attorney-general, pra\ing that the act incorporating tlie company be declared ultra fires- See 5 lb. 11 (J. ^ 50-51 Vict., c. 115. ' See mpra, 99 ct secj. ■' Can. Hans. (1887), 637, G38. Also opinion of Mr. Mills fts to interpreta- tion to be placed on Dobie r. Temporalities Board ; lb. (18S9), 602. LEGISLA TIVK JURISDICTION. 677 imposed by an act of the parliament of Canada iu 1882, wheu the question of jurisdiction was never raised ; that it had property in the two provinces of Ontario and Quebec, which it was necessary to administer under the authority of a new statute ; that the legislation asked for did not deal with the subject-matter of education, but with a body established for the puri)ose of carrying on operations iu two provinces,' The following' list of acts of the parliament of Canada illustrates the wide range of dominion legislation : An act to incorporate the Conunorciul Travelloi.s' Association of Canada (37 Vic, chap. 1»G) ; "having toritsolijects the moral, intellectual, ivnd tinancial improvement and advancement and welfare of its member.-.'' An act to incori)orate the 8u ("roix Printing- anil Publishing Company (37 Vict., chaj). 110) : "a coi-poration for ])rinting a newspaper and other publications in the town of St. Ste]iheii, New Brunswick. An act to incorporate Lamb's Waterproof Gum Manufacturing Company (37 Vic, chap. 117): with its principal office in London, Ontario. An act to amend the act incorporating the Ottawa (Jas Com- pany, to contirm a resolution of their shareholders, placing pre- ferential and ordinary stock on the same footing, and to contirm. amend, and extend their corporate powers (3'J Vic, chap. 71); a co''poration originally created by an act of the late province of Canada. Two acts with respect to the ^lail Printing and Publishing Company of Toronto (35 Vict., chajt. Ill, and 31.) Vict., chap. 73). An act to ineorporate the "Dominion Grange of the Patrons of husbandry " of Canada (40 Vict., c. S3) ; "having for their object the improvoniont of agrieulture and horticulture, the sale and disposal of their production-, and the pi'ocuring of their supplies to the best advantage, the systeniati/.ing of their work, thodiscoiintentMicing of a svstem of credit, the encouragement of 1 Can. Hans. (1SS9), G02-(JUU. See Dom. Stat., 52 Viet., c. lOn. ii n 1 . i J- in I ■ ) ! M lili {I ! 1 , t i 678 rmVATE BILLS. iVii^ftlity, and the inlellootual, social, and liuaiu'ial iinin-ovemont, aiul wclfai'o ofitw inoiubors in tho vuriousi i)n)viiK'os ot'tho domi- nion. An act to aniond tho act to iiu'i)i'j)orat.> tho (llobo Printini^ Company of Tt)rontt) (40 Vict.'C. S4); "desirous ot'oslablishinii; t)lUcos in various phicos outside ot'tho jirovinco of Ontario." An act to amend tho act respecting ti>e Canadian Hngine and Machinery Company ( U» Vict., c. S5) ; autjjori/.in^ tiiem to "exercise thcpowoi's conferred on them by their act of incorpora- tion at any i)hu'e or ]>iaces in Canada." An act to incorporate the (Iraiiijje Trust (40 Vict., c StJ) ; an a.ssociatiou incorporated as a loan company by Ontai-iu hitters- patent, l»ut desii'ous of extendini^ thoir business in the other pro- vinces. An act to ini'orporate the Dominion Phosplnito and Mining- Company (4() Vict., c. SU); associate'l for minini; and manufac- turiiii^ purposes at vai-iom points witiiin iho dom'MiMi of Viwnxdix. The foivgoing- .utsaivcitocl hero bcHuiiso ihoy roprosont a larg'e clasj> ot'iu'f';', which, it has boon somotiiuos qiies- tioiunl, do not lei»'itiinatoly fall withiti doniiiiioii juris- diction,' but wheuover a bill asks for povvors as a tradinc^ or manui'acturinuf company, to do business throug'hout the dominion, it lias been considt'rod to fall und(>r tho pro- vision which placos trade under tho control of tho general logislaturo. In this class must bo placed tho Dominion (irango Company, which obtained power to dispose of its products, agricultural and horticultural, in tli • several provinces. In the case of the Orange Trust Com- pany, it required powers to deal with the question o: interest, and so far had cause to apply to tho general legislature. In other cases, like the printing and publishing- corporations, it is not 80 clear why it was necessary to apply to parliament for legislation, in all such matters, however, thi» gout'ral legislature has rarely hesitated to ' See rel'ertMice ti) dominion phosphate act by privato bill couunitteo. .lour. (,lt).s;5), l;),"). Also ("an. lliuis. i,K'^"'»>)i "01 (Urai'-j^e Trust). LEdisLATivi: .lunisDicrioy. iM9 pfive powers to companies wliieh iniule a claim to do busiuess in more than one province.' Corporations, established by ai-ts of the provinces or of foreig-n countries, frequently apply for, and obtain, addi- tional powers by statutes of the domwiion parlianuMit. Joint leijislative action, in fact, is necessary in many cases. A company may be obliged to receive certain rights and privileges from a foreign government which Canada can- not grant, and at the same time to resort to the dominion legislature iV>r powers which the former government could not concede to it.- In 1881 and 188:!, parlianu'nt granted acts of incorporation to " Winslow, Jones vSi: Com- pany," and to the Quebec Timber Company, both formed under imperial acts, in order to enable tht'm to *arry on their business within the dominion.' 188:.', parliament also passed an act respecting the New York iS: Ontario Furnace company, which is a corporation "duly incor- porated uiuler the gene"al laws of i\w state of New Jersey, and of the United States of America, to mine, ship and manufacture iron in its various forms." It declared its desire in its application to parliament, as set forth in the preamble of the ai-t, to carry on business thvoughout Canada, and to have " its organization and corporate powers recognized by the parliament of (\inada ami ex- tcuiled to the dominion." ' Sonu^ objection was taken to the bill in the House of Commons on the ground that parliament was asked to sanction exceptional legislation by recognizing a foreign entity and giving it certain powers. Dominion legislation, it was urged, oughi to be in the direction of creating the corporation to which par- liament might legitimately give power. It was stated ' Can. Hans. O^"^^-). •i;5>> (Sir .lohn Miicdonalin. -■ Il>. (ISSLM. J-Jit-IU*. ■ -11 Vict., c. (i:> ; 45 Viil., c. ll^t. Sft'i^mi, (>'> t'l r a r('|H rl t>f tlio supivnie court of t'anatla, as to tlio constitutionality of tlui Qucl>t>c tim- ber hill. '4:. Vict.,c. \VX i , ! i\\ i hi:! I j. ; i' 1-1 ii 680 PRIVATE bills: 0* in the discussion that the question of the expediency of recoj^nizini? a foreign corporation in the way proposed had come up in the private bil) committee, when the bill was before it, and it was found that the House had in former sessions passed more than one bill of a similar character, without insisting upon the companies being organized, according to the laws of Canada, or upon their stockholders being residents of the dominion.' No doubt. in all such cases, the desire to encourage the introduction of capital into the country prevails above other considera- tions, and inclines the House to facilitate the i^assage of acts like the one in question. Several bills have been passed by parliament to permit the construction and maintenance of bridges over various navigable rivers of the dominion — navigation and ship- ping being under the exclusive control of the general legislature.- "Whenever companies, incorporated under provincial acts, have required certain privileges upon na- vigable streams, they have always sought and obtained ' Clin. Hans. (1SS2), 429-30. ■T.. N. \. Act, 8. it],sub-.s. 10; Doutre 141. See Dom. Stat. 3S Vict., c. 97, bridge aoros.s river L'As80inption ; Can. Hans. (1>S75), 8()3-S0(j. Tiie committee on tliis bill were of opinion tliat the parliament of Canada had the power to deal with such matters, 895. Also 40 Vict., c. 05, Riviere du Loup bridge; thisi river is only navigable at certain seasons in tlie neighborliood of the bridge; Can. Hans. (1877), 1041-2. Also 37 Vict., c 113 (River L'Assomption Toll-bridge); 4o Vict., c 91 (Richelieu Bridge Co.) Also 4.") Vict., c. 37. " An act resjxjcting bridges over navigable waters, constructed under authority of provincial acts." Sen. Deb. (lSs2,) 373-77. See remarks of Sir J. A. Macdunald [Can. Hans. (1879), 923] in which be claimed that the local legislature could deal with navigable rivers. Parliament, however, had a right to legislate as to navigation and shipping, and could pass general laws in relation to obstructions. In the case of Wood r. Esaon, the supreme court of Canada (reversing a judg- ment of the supreme court of Nova Scotia), virtually decided that the Crown could not, without legislative sanction, grant to any i)er3on the right to place in Halifax harbour below low-water mark any obstruction or impediment so aa to prevent thu free and full enjoyment of the riaht of navigation. Can. Sup. Court R., vol. ix., pp. 239-250. L EGISLA TIVK Jl 'UISDICTIOX. G81 them from the general legislature. For instance, the Canadian Electric Light Company had received certain rights as a corporation from the legislature of Quebec, but in 1883 it was obliged to seek legislation from the domi- nion parliament to define its powers as to the construction of dams, wharves, and other works necessary for the suc- cessful prosecution of its business. It was enacted in the Quebec act of incorporation that the '■ compuny shall not exercise any right or privilege which may be within the exclusive jurisdiction of the federal power without having first obtained the reqr.ired authority from the government or parliament of Canada according to circumstances " Hence the application to the general legislature and the passage of a dominion act by which the company can construct works en navigable rivers with the approval of the governor in council. In the session of 1883, a very instructive discussion took place on the question how far the genc^ral legislature may go in legislating in the case of companies already incorporated under provincial acts. Among the bills before the House was one to grant certain powers to the Acadia Powder Company, already incorporated by special acts of the province of Nova Scotia. The bill asked for power to extend the business of the company throughout the dominion ; and, from the debate on the measure, it is evident that had its promoters been content with asking parliament to grant this general power, there would have been little objection to its passage, except from those who had doubts as to the right of the dominion legislature to in- terfere in any way with local legislation.' But the bill ' See speech by Mr. Amyot (Hans. 422-25) in which he gave his objec- tions at length to any loj^islation by the ilominion parHanient which would infringe, in his opinion, upon the exclusive jiirisdiction of the provincial legislatures. If a company reipiiretl rights in other provinces, it should apply to their respective legislatures. But. on the other hand, see [mpra, 672), the argument of the premier in the very opposite direction. ii ;i :!!;:! i 1 IH % I ! fl lii I V G82 PRIVATE BILLS. ■I >.. .. I I went 6till further, since it contained provisions with res- pect to the capital stock and directors, which were a clear infringement of the powers of the provincial lej^islature which created the company. The following summary of the views of some of the principal speakers on the points at issue will show that there was unanimity of opinion as to the principles that should guide the House in similar cases : Mr. Oaimet said that it was quite clear that corporations creiited by the local leLnshitures might come to the <^onei-al par- liament to have their powers extended ; that is to say, to obtain powei's, which could not be granted b3'' the legislature of a pro- vince. For instance, the house had that session given power to the Credit Foncier PrancoCanadien '^ to impose certain charges of interest, which were not within the power of the provincial legis- lature. No doubt the parliament had power to create corporations whose operations would be general or federal, but in cases like the bill under consideration it should onlj' giant such powers as the legislature could not grant. Application should bo made to the latter body for such ])owers as it could give. Mr. Blake. — There are two modes in which parliament can deal with a manufacturing company which wants more than a local legislature can give. We can either extend to the cor- porate entity, created by the local legislature, certain powers which we alone can give, or wo can create a federal corporation complete and entire, ci-eated by and amenable to ourselves, totus, teres, atque rotiindus. On general principles I strongly l)refer the second of these two modes, because it gives a multi- plicity of conveniences. I would refer all those who are interested whether as shareholders, creditors, or otherwise, in the constitu- tional powers of the company to the one statute or the amend- ments of the statute. The other mode exposes you to compli- cations ; but if we adopt the least convenient course, we ought to know the extent of the corporate entity, the sum of power which it cannot obtain from the local legislature, and which will enable it to enlarge, if required, the sphere of its operations. We should not interfere with such details as can be arranged by the local - 4«) Vict., c. 85. LEGISLA riVE JURlSDICTlOy. 683 legislature. Were some of the domestic anangcments to bo altered by the Nova Scotia legislature ami othei-s by jiarliameiit, great confusion would nece.-sarily arise. Mr. McCarthy — For my part I entertain not the slightest doubt that we can give increased powers to a corporation, although it may owe its existence to one of the local legislatures, just as we give powers to English and Ameiican companies. But we should stop there; we should not interfere with such details ot the organization, as are wholly within the juris^Uclion of that sovereignty which has created the corporation. The legislature which had in the first instance made provisions with respect to the capital stock, had it nowjin its power to inci-e:ise the same on such terms and conditions as it might deem e.Kpedient; and it was clearly fi-om thai body alone >uch power sln)uld be sought. Sir John Macdonald — A complication arises when a local cor- poration having certain limited powers conferred on it by a pro- viiuiid legislature seeks extended rights. Whilst we may extend these powers we cannot alter the constitution as arranged by the j)rovincial legislature. Xa}', I go further, antl say that, if a cor- ]ioration, chartered under certain comlitions and provisions by a l)cal legislature, comes to the dominion jtarliament and asks for increased powers which the legislature considers contrary to the ])olicy under which they created the cor|)oration originally, then I think it is quite within the jurisdiction of the provincial body to take steps to destroy it. If it wishes to have a dominion existence it should come here and obtain a new charter. Ml'. Weldon, who agreed with these views, pointeil out how a conflict of authorit3' might arise from the fact that the bill, as amcnileil by the Commons committee, provided for an increase of capital stock by a two-thinls vote of the shareholders in accordance with the principle laid down by parliament in such cases, whilst the act of the provincial legislature left that matter t') be decided by only a majority of votes. lu view of those opiuions, so emphatically expressed by eminent constitutional authorities, the bill was amended in committee by striking out the clauses with respect to capital and directors, and giving the company simply power to do business throughout the dominion.' ' 46 Viot., c. 94 ; Can. Hans. (18S3), I'OL', 422, m\ 500. tf'l fi' H ;1 1 ; ■'H:. Si i It ■■"■1 If .".i;? ?l li 684 PRIVATE BILLS. In the later case of the Internatioual Coal Company, incorporated under the Joint Stock Companies Act, which had acquired the property of a coal and railway company created by the statutes of Nova Scotia, it was decided to amend the bill so as to leave in the control of the pro- vincial legislature such powers as were clearly within its jurisdiction.' IV. Supreme Court Reports on Private Bills— By section 53 of the Supreme and Exchequer Court Act - it is provided that the supreme court or any two of its judges shall examine and report upon any private bill or petition for a private bill, referred to the court under any of the rules of either house of parliament. The Senate at first adopted a stand- ing order which provided for the reference to the court before the second reading- of a bill, but now such bill may be referred at any time before final passage.' The opinion of the judges is placed on the journals as soon as it has been laid before the Senate by the speaker.' In the session of 1876, a question arose in the Senate whether a bill for the incorporation of the Brothers of the Christian Schools in Canada was not a measure which fell within the class of subjects exclusively allotted to provincial legislatures under section 92, sub-s. 11 of the B. N. A. Act, 1867, relating to the incorporation of com- panies with provincial objects, and section 93 relating to education. Four of the judges reported their opinion that it was a measure included in the class of measures falling under provincial jurisdiction. Chief Justice Richards did not differ from the other judges in the con- clusion arrived at, but declined to make a report on the ground that he doubted if section 53 of the Supreme Court ' 48-4!) Vict., c 29, s. 3 ; author's notes, '' ns Vict., c. ]], Dom. Stat. Rev. Stat, of Can. o. 135, s. 3S. ■' R. 55 amended in 1878, March 2S, p. 337, Sen. Deb. Al3o7/>. (1877), 200; 76.(1878), 137,293. * Sen. J. (1876), 155, 200. IaIso lb. (1877), REFERENCE TO SUPREME COURT. 685 Act iiitendod that the judgos should, on the ivferencc of a private bill to them, express an opinion on the consti- tutional right of the Canadian parliament to pass the bill.' In 1882, on the recommendation of the committee on private bills, the Senate referred to the supreme court a bill to incorporate the Queb'H^ Timber Company in order to solve doubts that had arisen as to the constitutional right of parliament to legislate in the matter. The points on which the House desired information were these : — 1st. Whethci- :i company ulrcudy incorporated under iho " Companies Act of 1862 to 1880," of the imperial i>arliainent I'oi- the ])iirp()ses mentioned in the bill, has u legal corporate e.xistence in Canada, and, if so. whether a ^econd corporate exis- tence can, upon its own ajiplication as u corajjany, lie ,i;'iven to it by the Canadian ])arliament, and 2nd. Whether thec'bjects I'or which incorjjoration is sought ui'o sucdi as to take the bill out of the exclusive jurisdiction of the legislature of Quebec. The judges, in their report on the bill, excused them- selves from answering the first part of the first cjuery on the ground that it aft'ected private rights which might come before the court judicially. As to the second part of the c[uery, the court was of opinion that the dominion parliament can incorporate such a company for objects coming within the jurisdiction of the parliament of Can- ada. As to the second query, the court was of opinion that the objects set forth in the bill are within the juris- diction of the dominion parliament, and out of the ex- clusive jurisdiction of the legislature of the province of Quebec." In the same session, on the motion for the third read- ing, a bill to incorporate the Canada Provident Associa- 'Sen. J. (1876), LW. ■' Sen. J. (1882), 143, 158-9. The bill was, with the rei>ort, then referred to the committee on private bills, and subsequently passed by the Senate. Ill 1 1 ■ . >" 1 'i' 1 ■ 1 ■ 686 I'lUVATE HILLS. i . tion was reftMi'cd to the .supivme court. This association was I'ormed " for the purpose of making' provisiou in case of sickness, unavoidable misfortune, or death, and for sul)- stantially assisting the widows aud orphans of deceased members." The judges reported that it did fall within the jurisdiction of the dominion parliament, although they had doubts as to the first section, which enabled the company to hold and deal in real estate, and also as to the second section, which exempted from execution for the debts of any member the funds of the association — mat- ters which should be argued before any positive opinion should be expressed by the court.' V. Questions of jurisdiction referred to Senate committees — In 1870 the Senate decided to make the experiment of giving authority to the committee on standinir orders and private bills to consider the (juestion of jurisdiction in the case of bills submitted to them, liule (30 was re- scinded and the following substituted : '• Any private bill >liall, if it be demanded by tiro members, whoii read the first time, I'C retbri-ed to the comniittoe on standing;- oi'dor.s and private bills, to ascci-tain and report whetlior oi- net tlie said bill comes witliin tlio class of subjects assigm-d exclu- sively to the legislatures of the provinces.-^ VI. Classification of Private Bills.— Sometimes doubts mav arise whether a bill should l)e classed as public or private. Many cases of this nature occurred in the practice of tlie old Canadian legislature, but the Houses generally allowed themselves to be guided by the decision of the committee to whom a bill might be referred. A committee has, under such circumstances, made some amendments to a bill in order to obviate a difficulty, and bring it under ' 45 Vict., c 107; Sen J. (KSSl'), 273, 1501-2; Hans. 460-L',G98. ■' Sen. J. (1871)), 155, 170, lUO, 206; Deb. \m, 340, 415; Jour. (18S0), 7'J, 83, 85, Dl, &.C. The words in italics were added as an amendment in 1.^80. Jour. 92. CLASSIFICATION, <;87 the category ot a public or private l)ill.' In the session of 18»)5 a bill was brought up I'rom the lerrislaliv*' council intituled, "an act to enable the church societies and in- corporated .synods of the Chur(;h of England dioceses in Canada to sell the rectorial lands in the said dioceses ; " and the objection was taken that it was private iu its character and ought to have been introduced on petition. The speaker decided against the bill, on which no further progress was consequently made.- All bills respecting synods and religious corporations are considered private since 1807.' In the session of 1879 a member asked leave to intro- duce, as a public measure, a bill " to empower li. Cx. Dalton, clerk of the court of queen's l)ench, Ontario, to pay to John Stewart, of the city of Kingston, surgeon, one thousand dollars,"— the money having been paid into court in accordance with the law requiring a certain deposit in the case of an election petition. The speaker at once decided that the bill was private in its character, and accordingly the motion for leave was withdrawn.' Subsequently a petition for a private bill was presented.' Bills from the corporations of towns, and municipal bodies generally, are always treated as private bills when they desire special legislation alfecting their property or interests," Though thi class of measures now tails, as a rule, within the jurisdiction of the local legislatures, 'Todd's Private Dill I^actice, 8-10; bill in reference to townshii^ in Victoria county, Ass. Jour. (IS.IS), ruiS, i;S4; Huron Indiaas, Ass. Jour. (I8G4), 3!)1,47.S. '' Speak. D. 134 ; Ass. Jour. (ISOo, Aug. sess ), 123. 'Saskatchewan Synod bill, Com. J. (lS8-_>), (54, i*tc. ; 45 Vict., c. 126; also 34 Vict., c. 58; Com. J. (1871). 71, ^<:c. ' Can. Hans. 1S79, March 5. By reference to the journals of 1S7H (27, 36, 74), it will be seen that a private bill on the same subject had been presented that session, but not proceeded with. ■> Can. Com. J. (1879), 56, 57. •' A bill to incorporate the city of Kingston was declared, in 1847 to be a private bill, and subject to the payment of a fee ; Jour. 150. I ii !* tl Ii ♦588 PRIVATE mils. i . r^ ii yet st'voral cases will he I'ouiul in the (^ommoius journals of applications from corporations of cities and towns ibr hills touihini^' llieir interests ; Imt on rel'erence to the details of the measures it will he seen that they afl'ect certain niatt'Ts which properly com«^ within the purview of the dominion parliament. Kor instiince, in the session of 1870, bills w«'re passed to enable the town council of IJt'lleville to levy harbour dues, and to g'ive authority to the Collinii'wood Township (Nnincil to construct a harbour at the mouth of the IJeavcr river. Nitmerotts bills of a similar character have been passed in other years; and as they have ail'ected trade, navii^ation and shipping', matters within the jurisdiction of the dominion parliament, they have been propt-rly presented in the f^eni'ral legislature.' In the English House, bills relating to the metropolis have been treated as public bills on many occasions on account of the general and large intt'rests involved, al- though possessing many leatures characteristic of private bills. These measures have related to the ye and de- livery of coals, ballast heavers, weighing of -, main drainage, water-supply, besides many others which, had they been presented by other cities, would certainly have been regarded as private bills." As a rule, it may be stated that when bills treat of mat- ters of general policy, such as sanitary, or police, or com- mercial, or fiscal regulations, they may be considered as public measures. In fact, all bills aflecting the general interests of the community, and involving considerations of public policy, are out of the category of private bills ' 33 Vict., c. 45 ami c. 40; Can. Com. J. (1870), 60, 81. Also harbour dues in Owen Sound (.54 Viot., o. 3.")); harbour dues in Trenton (34 Vict., c. 36) ; Kincardine bill (40 Vict., c. 52) ; Moira river bill (42 Vict., c. 51); Grafton harbour continuance bill (46 Vict., c. 93). -' ]::<) E. Com. J. 122 ; 131 ///. 330; 132 lb. 34S, c<:c. Bills affectini; the property, interests or jurisdiction of the city of London, have been gener- ally solicited as private bills- May, 747. CLASSirWATlOS. m.) (h'liliiii!: with the apodal iutorcsts of corporationH or usso- riations. In the st'js.sioii ol' 1SS(I-H1, the uoV'TMUicHt ol ('iiiiada havinu" dt'cidcd to coniplft*' tin- Pacific railway l)y uifaiis of Ji foini)aiiy, brought in a public bill to incorporate certain persons under the name ol' the Canadian I'acjlit; Railway Company.' Fu the samt^ session a minister pn;- seut«'ill \\a.s Inist'd on reso- Inlioiis from the coinmittee of the wliolc — an jdtojrether Mi])erllaon.s pro- ceeding. Can. Com. J. (ISS.")), U71, ".(w ; Can. Hans., 1(177. 4S.40 Vict., c.c, 88, M. But in 1S77 a hill of a somewhat similar character, rcspectinj,' tie Bank of Briti.sh North America, was presented as, and parsed throu^di all the stages of, a private hill ; Can. C(jm. J. 41, 41), 50, ()7, itc, 40 Vict., c. 54. Ill ISUI, .Tune 2l.'nd, the nnnister of finance withdrew a hill in his naine resspecting the Alhion ^tines .Savings Bank, as it was clearly a [irivate bill, and did not come within the precedents cited in the text, which sinijjly applied a public act to certain banks. 44 1 ti ^''■S^s ! ! r ()90 PRIVATE BILLS. and forcigu trade, and also the public revenue ; but the speaker railed attention to the fact that there were alle- gations iu the preamble which were open to dispute and required to be established by evidence, and under such circumstances he deemed it advisable to commit the bill to a select committee, by whom iheso facets would be in- quired into, and any local or private rights would be duly protected.' A similar case occurred in the Canadian House iu the session of 1883, when a member introduced, on motion, a bill, " to increase the harbour accommodation of the city of Toronto, to extend the esplanade, and to provide for the control of the use thereof by railway companies." This measure proposed that a board of commissioners should be established for the purpose of carrying out the objects, which were sulliciently set forth iu the title. After the second reading it was referred to the railway committee with the understanding that due notice would be ofiTen to the private companies and great corporations which would be allected by the proposed legislation. The com- mittee did not, however, deal with so important a measure that session, but reported to the House that the preamble was not proven.- In the English House of Commons, there is a class of (jimsi private bills, distinguished as " hybrid bills." They are brought iu, by order, as public bills, but as they atfect private rights "their further progress is subject to the proof of compliance with the standing orders before the examiner, and to the payment of fees." They are generally " bills for carrying out national works, or relating to crown property, or other piiblic works in which the government is concerned," or they sometimes deal with matters e.ilecting the metropolis ' They are ' Mr. Speaker Denison, June L'3, 1804 ; 17t) E. Hans. (3), 1U3, 171. -' Can. Com. J. (ISS:'.), 203, l.'1.4 ; Hans. 70U. •'May, 7S7. Windsor Ca.stle approaches bill, 1S48; rortland harbour HYBRIDS. 691 committed to a select committee, when the committee on standing orders has reported l'avoura])ly. The rules ol' the Canadian Houses do not make any special provision lor this class of bills. The Toronto Esplanade bill, just mentioned, would probably belong- to this class, since the House found it necessary to refer it to a select committee with a view to protect the private interests involved.' In other cases, where bills have alfected both public and private interests, a dilferent course has been followed In the session of 1875, the premier (Mr. Mackenzie) moved for leave to introduce a public bill to re-arrange the " capital of the Northern Railway of Canada, to enable the said company to change the gauge of its railway, and to provide for the release of the government lien on the road on certain conditions." Objection having been taken that some of the provisions all'ected private in- terests and altered the powers of the Company in very material points, the speaker decided that the bill ought to be withdrawn. Separate bills were subsequently passed by the House — one, relating to the government lien, was treated as a public bill, and the other, relating to the gauge and capital, as a private bill.- In 1879, a bill of a very novel character w^as presented in the House of Commons. The solicitor-general of the province of Quebec came before the House as a petitioner for a private act to confer upon the government of that and breakwater bill, 1S50; Smithfiekl market removal bill. IS.'il ; Belfast iiuinicipal bouiularies bill, ISoo; Tiiames embankment l)ills, ISd'J and 1S63; Metropolis gas bills, lS(i7 ami ISdS; Dover pier and barbonr bill, IS?") ; Public Odiees site bill, 1SS2 ; Hyde Park Corner bill, ISST. See Rules and Orders (Pal^rave) No. '2'2(y. ' Tbongb tbe rommittee reported tlie preamble not proven, tbe bill appeared in its proper place on the public orders. A strictly ])rivate bill would not have even appeared on the private business paiwr under the rules tjovernini; such bills. In the English Commons liybrid bills always apjiear on the public orders. ' Can. Com. .1. (1875), 213, 217 ; Hans. G'Ji'. m i I; 1 " i I,;! ,1 |1 I ' in-' 602 PRIVATE BILLS. ii I province " the powers <:^ranted to the Montreal, Ottawa and "Western Railway Company, by several acts of the parliament of Canada, in so far as related to the construc- tion of a bridge over the Ottawa River, and likewise power to acquire all land and real estate situate in Ontario, necessary for the purposes of the said railway." The executive government of Quebec, for the time being, was to be constituted a railway corporation and body politic and corporate, for the purposes of the act, by the title of the government of the province of Quebec. The bill was not discussed in the House, but sent at once to the railway committee, where the inconveniencies that might arise from constituting the Quebec government a corporation under a dominion charter became obvious to the majority of the committee : and it was agreed to alter the bill very materially. The bill, as finally amended and passed authorized " the commissioner of agriculture and public works of the province of Quebec for the time being to construct abridge over the waters of the Ottawa River, between the cities of Hull and Ottawa, and also a line of railway to connect the Quebec, Montreal, Ottawa, and Oc- cidental Railway with any railway coming to the said city of Ottawa." It was also provided that the powers conferred upon the commissioner in question shall bo vested in and may be <>xercised by any commission^ or public officer who may hereafter be substituted by the legislature of Quebec in place of the said commis- sioner.' In 1880, the minister of justice introduced a bill to remove a difficulty that had arisen as to the title of the Quebec, Montreal, Ottawa, and Occidental railway, which had been already the subject of dominion legis- lation The government of Quebec, by whom that road 1 Can. Com. J. (1879), Go, 89, etc. ; 42 Vict,, c 50. See Montreal Ga:,U>^, March 29, for Hummary of discussion on various points raised. MISCELLANEOUS. 693 had been acquired, believed it to be necessary to obtain additional legislation fi-om the dominion parliament with respect to that portion of the railway extending- from Montreal to Quebi'c, just as it had been previously ob- tained in the case of the part between Montreal and Aylmer, Objection was taken, on the second reading-, that the bill affected private interests, and the case of the Northern Railway bill was adduced as a precedent. The bill was then withdrawn.' It is not unusual to repeal or amend j? public act by a private bill." The policy of this mode of legislation has been sometimes questioned, and while the praeti(;e is allowable, such bills cannot be too closely scrutinized. Many cases can be found in Canadian, as in English legislation, of companies or corporations being excepted in express terms from the provisions of certain public statutes. A new rule was adopted in the Canadian Com- mons in 1883, with the view of indicating in every bill any departure in its details from general acts.' But a bill proposing to amend a public act in the interests of certain persons will not be allowed to proceed as a public bill. In the session of 1883 it was proposed to pass, as a public measure, a bill to enable the minister of the interior, notwithstanding the provisions of the act 43 Vict., chap. Y, to receive the applications of certain per- sons in Manitoba for the issue of letters-patent to them of various lots of land in that province ; but it was with- drawn on the objection being taken that it was a private bill.' It has been decided in the English House of Commons that a bill, commenced as a private bill, cannot be taken up and proceeded with as a public measure. In 1805, 111 I ':i H i ' 11 ! .. ill 1 'Can. Hans. (18S0), 1998. •-' 176 E Hans. (3), 10-19. 'Res. of 20th April, 1883. ' Can. Hans. (1883), 1034. 694 rRIVATE BILLS. tho promoters of the Middlesex Industrial Schools Bill, dissatistied with some amendments relative to Roman Catholic Chaplains, made in committee, determined to abandon it ; but sul)sequently Mr, Pope liennessy gave notice that h»; proposed to proceed with it as a public bill ; but this course was decided to be irregular.' Nor can a strictly private bill be turned into a hybrid." If it l)e found that a private bill atlects the public revenue, it will be necessary to obtain the consent of the govern- ment to the clauses in question and have them first considered in committee of the whole, and then referred to the committee on the bill. ' A private bill has not been allowed to proceed on the ground that it alfected the public revenue,' l)ut in the majority of cases where the property or interests of the Crown are concerned, the con- sent of the sovereign will oe obtained at some stage befort^ the linal passage. If this consent be not obtained, all pro- ceedings will be stayed.' In the session of 1885, on the second reading of a bill to incorporate a railway company, attention was called to the fact that it contained a positive parliamentary decla- ' ^lay, 75;i. It lias boen decfided in tlio Knt;lish Coininons tliat it is f(ir the IIouso, and not for the speaker, to decide whether the .subject-matter of a bill is properly private or public. 177 E. Hans. (3) ()42-()53,(Liveriiool liicensinj; Hill). - 180 K Hans. (:'.), 45. ■' Canada vine growers' association bill, 1SG(» and 18(17-8. In the case of a i)etition aifectin;; stamp duties or other branches of the revenue, says Sir Erskine May, (pp. 789, 79(1) " the petition is presented, and the (|ueen's recommendation having; been signified, the House resolves to go into committee oii a future day to consider the matter. It is considered in committee on that day ; and when the resolution is reporteil and agreed to an instruction is given to the committee on the bill to make provisiun accordingly. If any such provision be included in the original bill, it must be printed in ifr.li,-.-^ ; and before the sitting of the committee, similar proceedings will be taken in the House." * Bill to extend the time for paying debt of the county of Perth. LeL'. Ass. J. (ISGO), 29S-9. •' Supra, 541. ^^ 1 GEMIRAL ACTS liKLATIVE TO COMJ'AXIES. 695 > I 1 ration alienatiug a largo portion of the public domain in the Northwest ibr each mile of railway constructed. At the sugi^estiou oi' the speaker, the bill was withdrawn and another subsequently presented without the clause properly objected to.' VII. General Public Acts afteoting Corporate Bodies.— In order to give greater facilities to the incorporation of companirs for various purposes, and to obviate th«! necessity of so many applications for spi'cial legislation, parliament has passed general statutes which provide all the necessary machinery by which a number of persoii.s can form themselves into a body corporate. Under an act respect- ing the incorporation of Joint stock < ompanies. the gov- ernor in council may, l)y letters-patent under the great seal, grant a charter to any number of per.>rn, G6!» ; Rev. Stat, of Can. o. i:;o. * 38 Viot., c. 20 ; Rev. Stat, of Can. c. i;'.3. 1 « I I ! H : 1 1 n ^\ ,. 096 rJilV ATE BILLS. been passed by parliament for the purpose of regulating the businoss of banking, insurance, railways, and trading and businoss companies generally, and with the view of protecting the various interests that the public have in all such associations and undertakings. The provisions of the general railway acts apply to every railway already constructed, or to be constructed, under the authority of any act of the parliament of Canada, and must be incorporated with the^special acts respecting these works, unless they are expressly varied or excepted by the terms of such acts.' In the same w^ay the provisions of the Companies Clauses Act apply to every Joint Stock Com- pany, except companies for the construction of railways, banking, issue of paper money, and insurance, unless it is otherwise expressly provid'^ in its special act of incor- poration.- Very stringei-t provisions have also been made for the careful working of monetary institutions, and for the security of the people of Canada who have assured their lives or j^roperty in insurance companies. Greneral statutes have also been passed for the winding up of in- solvent banks and trading companies."' But notwithstanding the facilities aftbrded bv the dominion parliament as well as by the local legislatures for the incorporation of certain classes of companies by ' Rev. Stat, of Can., c. 109; am. by .50-">l Viet., c. 10; 51 Vict., c. L'!); oil Vicf., c. l?3. - Rev. Stat, of Can., c. 118. ' For lej-'islation of the parliament of Canada on these subjects, in atldition to acts already ciie'l in the text, see Banks and I'ankinji, 5:5 Vict., c. 31. Trading Cori)orations,windinj: up of, Rev. Stat, of Can., c. 129; am. by 52 Vict., c. 32. Carriers by water. Rev. Stat, of ('an., c. 82. Copy- riirlits, //>. c. G2, am. by 53 Vict., c. 12. Electric Telofxraph Companies, Rev. Stat, of Can., c. 132. Insurance, //a c. 124, am, by 51 Vict, c. 2S. Interest, Rev. Stat, of Can., c. 127, am. by 52 Vict, c. 31. Loans in Canada by British Companies, Rev. Stat of Can., c. 125. Patents, //>.,c.()l, am. iiy 53 Vict.jC. 13. Pawnbrokers, Rev. Stat of Can., y. 128. Savinjis P.anl<.s in Ontario and Quebec, 53 Vict., c 32. Trarouj;liam's act of 1S.3(), for sborteninj^ tbe language of acta of parliament ; 13 Vict., c. 21, s. 7. ' See Imp. Stat. 8 anlvingand Commerce 112 The committees of the Commons, as already shown in the chapter on select committees, are nominated at the commencement of each session by a committee of selec- tion, composed of leading men representing the political divisions in the House. Thequestiou of facilitating the business of the Canadian parliament, by the introdU( tion in the Senate, during each session, of a larger number of private bills than has hitherto been the case, has been considered more than once in the latter chamber.- No reason apparently exists why there should not be such a division of labour as exists in England. The rules that have been adopted there could be practically adapted to the Canadian ' May, 79;), SdS. -See Sen. Deb. (18S5), 42!MoO ; TOo-Tll. In the session of l^^DO, Mr. Blake directed the attention of the government in the Commons to the samesuhject, but no steps have yet been taken in that desirable direi'tiuii. Can. Hans. 2:U'J. JIoW I'noMOTEl). lOl lloust's with little dilliculty or expciis-'. It is ijiiitf ccrtiiiu that if the promoters of hills uvt' free to select the lloiis." for the initiation of their lei>isliition, they will, ;is was the ease orii^inally in Ent^land, always j?o to the C'onimous under the l)elief that if th»'y pass the ordeal of that hody, the consideration in the npper House will he easy enouuh and a matter of secondary importance. Lei>-islati(>n should be divided without reference to the wishes of promo- ters.' "With those remarks the writ- r may now proceed to consider the practi«'e of the Canadian parliament with respect to private bills. As the orders of the two Houses are for the most part the same, reference will V)e ehielly made to the rules and precedents of the Commons wher*' the mass of this class of legislation is initiated. A separate t'hapter will be devoted to divorce bills and to a few points of practice in the Senate which demand special mention. II. Promotion of private legislation in Parliament— It is the practice of the Canadian Commons for members to take charge of private bills and to promote: their progress through the Honse and its committt'es, but it is "contrary to the law and usage " of the English parliament that any member of the House " should be permitted to engage, either by himself or any partner in the management of private bills before this or the other house of parlia- ' One of the plans su^'trested in England from time to time, avowe'dly for tlie purpose of fiU'ilitatiny; puliiic business, lias been tlie substitution of a sinjrle iniiuiry, f'lf tlio (^xistiuix (loui)le inquiry into contesteil bill««. It has been proi)Ostid that sucli liills be r.iferreil to a joint committee of tlie two Houses, but the sentiment of parliament has so farbecnin favour of each Hous(< aotinsi as a court <>f apjieal on the decisions of the other. See Clifford, Private Bill Legislation, ii,, iMiO-'H;]; Todd, i., 401'. 40::i. In 187.'!, however, bills for railway anial,s:amations of threat ma^rnitude, it was a'^'reed, should be referred to a joint committee, hut thisarran>rement did not at all invclve the principle of referring ordinary railway i>r otlier bills to a joint committee. -14 E. Hans, (i)), 8S(i. ^i ■ I 'ii- 702 pniVATi: HILLS. mont Tor pt'cuniary rowartl.'" So .strictly i.s tlii.s priiK iple carried out in Kuj^laiid, that it in even provided in the staiidini*" orders tliat s on oppoiscd l)ills shall bo (Oinposod "ol" lovir nn'inbfrs not locally or otherwise interested in the bill or bills referred to them." l*^very nii'inber of a committee on such a bill must, bi'iore he is entitled to attend and vote on such committee, sign a declaration that his constituents have no " local interest" and that he himself has no "personal interest" in the proposed legislation. Nor <'au a member, locally or other- wise interested in an unopposed private bill, vote in n committee on any question that may arise, thouuh he may attend and take jiart in the proceedings/ It is a recognized principle in the Canadian, as in the Engli.sh parliament, that ministers of the Crown should not iuitiate or promote private bill legislation. But ministers sit on private bill committees iu the Canadian Commons, and carefully scrutinize all private and local legislation with the view of guarding the public interests. Rules 72 and 73 of the Commons lay down certain regulations for the guidance of agents, to whom parties interested in private legislation may entrust their bills. Every agent is personally responsible to the House and to the speaker for the observance of the rules, orders and ' Res. of 26tli rob., 1S.30; So E. Com. .T. 107. See mpm, 4,5."). •■' Eiijjr. S. O. lUi-118, 13!>; fan. Hans. (1SS8), 36-37. While some mem- bers have been incUned to adopt the En-jrUsh .standing orders in thcsi' particulars, others havo arguod that in a very large committee like that on railways in the Canadian House, it is to the jmblic advantage ainl convenience that all the railway interests shoiild be repiesented and heard; of course, in small committees like those in the English Com- uions, it is expedient to have such checks as are impo.sed by their niltn. See remarks of Sir J. A. Macdonald ; (^vn. Hans (1SS3), 37. ' In England, the occupants of the Treasury bench are exempt fniiii serving on private bill committees; 175 E. Hans. '(:>), 1545. See as tu duties of ministers; Mirror of P. 1S30, p. 2009 (Sir li. I'eel) ; Ih. 1,S40, p. 4(i57 (Mr. Baring, chancellor of the oxcheriuer); SO E. Hans. (3), 177 (Sir K. Peel). See also Sen. Deb. (1879), ISd ; Ih. (1883), 52. I'lUVATi: lUI.l. /Ml'.s l\ Tin: <•()}! MOSS. 703 some niein- lee like that lij^lish Ciiiu- Itheir riili'.-j. pmctico of parliumt'nt, and also luv llic payinmt of all fees and rhaiffos. lit' caiiiiot act until he shall have rc- (oivcd the express saiutioii and authority ot tiie speaker. If he shall aet in violation of the rules of parliament or of those preseribed by the speaker, or shall wilfully mis- coudu>t himself in proseoutinii' any proceedini>s before parliament, " he shall be liable to an absolute or temporary prohibition to practice as a parliamentary ao-ent, at the pleasure of the speaker ; ])rovided that, upon the applica- tion of such agent, the speaker shall state iu writing* the irround of such prohibition." No ollicer of the House is allowed to transact private business for his emolument or advantage, either directly or indirectly.' III. Private Bill Days in the Commons— Dy rub' 19, private bills come up for consideration iu the House of Commons on Monday, Wednesday, and Friday in each week." No limit is fixed to the discussion on such bills when they are reached on Monday, but on the other days they are not to occupy more than one hour, when the House re- sumes at half past seven o'clock in the evening. By general consent the hour may be extended,' but if objec- tion be taken, the House must go on with the other busi- n-^ss on the order paper.' The rule is frequently suspended towards the close of the session by orders giving pre- cedence to government or other business of importance. In case it is not proposed to supersede private bills, the motion to give priority to other matters should be, 'Pail. Rep. No. ((48, of 18:)3, p. 0; No. (iOG, of 18:55, pp. 17-1!). May, T.vj. - 8uvra, 302, 303. ■ Canaila .Southern railway bill, March 22; and April 10,1878; wiien two hours and a half were devoted to private bills. ' Campbell relief bill, Hans. (1879), 1883; ("an. Com. J. (lSS(j), .3-J3; Ih. (18S8), 1U7; lb. (18'JO), 134. The speaker almost invariably takes the chair from 8 to 8-15, and the hour, of course, commences at that time — not at half past t-even. il H !i I I; 104: I'RIVAri: HILLS. I strit-tlyspeakiug', so worded,' though, as a mattov ol prac- tice, the hour lor private bills is rarely interlered with. rV. Petitions for Private Bills.— Every private bill, presented in either Jlouse, should be iirst based upon a petition which states, succinctly, the object which the promoters have in view." The rules Ihat govern petit'.ms generally, apply also to those lor private bills ; and it is thcrelbre important that every applicant lor privatt^ legislation should carelully observe these rules, as an ini'ormality may jeopardize the measure he is applying ibr. As the subject oi" petitions is treated I'ully elsewhere,' it is hen- necessary only to state that the; signature must appear on the sheet containing the whole or part of the prayer; that the signature or signatures must be in the hand-writing of the party interested ; that an agent cannot sign lor another except in case of illness ; that the petition of a (Orporation must contain the corporate seal;' that no member can present a petition from himself, but must do so thiough another member. ' A member will present tln^ petition in his place — coniining himself to a simple state- ment of its allegations or of the prayer — and a clear day must elapse between the days of presentation and recep- tion," and it is then relierred, as a matter of course, to the committee on standing orders, which takes cognizancn^ of all such petitions, and it is only after a favourable report that the ])ill can b(» pres. nted. •Can. Com. .T. (lSSi'\ I'P.l. ■-' Sen. li. 57; Com. II. ad. =• Chapter viii. ' In tlie Glasfiow j^as hill, ISI.'). an ol)jeoti()ti was taken tliat the seal attachodto a petition was rot tho corporate seal of a company ; and wlnii tliis was proved to he tlie (aso, all the evidente in support oftiic petition was ordered to he oxpunj,'e(I ; -May, 83S. Tlic Senate liave a special rule (;;7) on tho snhjoct. ' Bank of ^'.anitoha, Can. Com. J. 1875, p, L'Ijo; Metroixdit.m Bank, ///. is7(i, p. 141. "Sen. Deb. (1879), 120; Ih. (IH'JO), ;}3. .|l«I^HlfbP ■ !' 1 \ ! PET moss. 70/ Petitions could formerly he presented within the first three weeks of the session : but in 1876 ecrtain modiliea- tions and changes were made ' in the rules, and it is now ordered : " No jictition for any private bill is received by the House after tlie tirst ton days of each session; nor may any private bill bo presented to the llouso after the first two weeks otoatb session; nor may any rej)ort of any standing or select committee upon a private bill be received aftoi- the tirst six weeks of cacli session." (Son. cV Com. R 49.) Under the amended rules, any person seeking to obtain the fiassagi' of a private bill is required to deposit with the clerk a copy of the bill eight days before the meeting of the House, together with a sum suffi(>ient to pay for the printing and translation. Under the old system, the time of the House w^as occupied even toward the latter part of the session with private bills, and the House was fre- quently unable to give them the full consideration all such measures should invariably receive. The time for present- ing petitions and bills was practically extended through- out the whole session, and a very loose and careless system was encouraged. The object of the amended rule is to bring the bulk of petitions and bills within the first part of the session, but, though there is a decided improvement as compared with the old practice, the promoters of private bill legislation are still very remiss, and are likely to l)e so while they feel that the committee on standing orders is disposed to extend the time whenever an application is made for that purpose. When it becomes necessary to extend the time for receiving petitions, the regular course is for the committee on Htandiug orders to make a report, recommending su^h an extension. The rule provides : " No motion for the .•••iMpensioii of the rules upon any petition tor a private bill is entertained, uu1ok»* the same has been ropoi-ted ' Can. Com. .1. (187H), lOS, lOit. ■' Infra, 728, 72i». V :V ! i il ! i M M '■ ! i i 1 i 45 106 PRIVATE HILLS. upon by the cuiiimitU'c on .-tanding oidiTs.'' (Sen. R. 18; Com. R. 55.) Rule (]9 of tin' Commons also provide.s that any motion in relation to the Husptnision of the rules, must be referred to the t'onimittees : *' KxcopI ill cases of ai'i;oiit and pressini; necessity, no motion for the suspension or moilitication of any rule applyint,^ to private l>ills or jietitions for private hills siiall lie entertaineil by the liou^e until after reference is made to the several standinij com- mittees char,i!,'e(l with the consideration of private hills, and a re- port made thereon by one or more of such committees.'" When the committee on standing orders, or other ooni- mittee charued with private hills, has reported in favour of exteudinji the time, it is the duty of thi" chairman to make a formal motion in aceordaiuM' with the recommend- ation. This motion may also extend the time for present- ing private hills, or receiving reports from committees — the latter recommendation being only necessary in rare eases.-' In the session of 1879, the time expired before the committee on standing orders in the Commons was organized. A motion was then made in the House by the premier to extend the time, as a number of petitions would be brouiiht up beibrc the committee could rei)ort regularly in favour of an extension.' J'hibsequently the committer on standinu' orders reported in favour of extending the time for presenting bills, and the House agreed to the recommendation.' When the usual time for ret^eivinu' petitions has expired, ji f*| ' The St-iiate have no such rule re8|K?rtin^ hilLs, hut in order to 8iiH|ttMiii a rule one iJay's not ice .should l>e pnnHdly L'iven under rule IS. Sen. I>oh. (1S7!>), 5(>o. lor case.s of " pres-^ing necessity " see Can. Com. .1. (l'SS7) 2. 58, 7:eneral coUHenl. ' See also ^eiate jouuiak ilJKi9) ol, 52, loi' ; ( nni. .1. (lS7!t), :'-9. rETJTIOSS. 707 and tht^ House is not disi^osed to extend it, occasions may arise when parties will be oblii^(>d to ask for len-islation. Under such circumstances, the reirular course is* lor the parties interested to present a petition prayinu' to bo per- mitted to lay before the House a petition for the passinu- of the necessary act, notwithstanding- the expiration of the time for briniiino- up petitions for private bills. It is usual to allow (by general assent) such a petitionfto be read and received forthwith, and to refer it to the committee on standing orders. If the committee, after considering' all the circumstances of the case, report favourablv, the peti- tioi' or the bill will be at once presented, and leavt^ ijiven to re id and receive it forthwith.' When the .ommittee find that the reasons for delay in coming to the House for leuislation are not sulHcient to justify a suspension of the rules, they will report accordingly, and no further progress can be made in the matter.' Cases will be found in the journals of ihe old legislature, of the House- having allowed the prestMitation of petitions without the reference of a preliminary petition to the committee on[standing orders.' lu these cases the rules have l)een suspended by tmani- mous consent, and the petition at once received. In one case, since 1807, a petition was immediately received, and the bill at om-e presented and referred.' Ihit such in- stances of departuri' from correct practice are of very rare occurrence, and can only be justified " in cases of ur- gent and prej? iug necessity." ' In another case, stated to 'Can. Com. J. (1877), 2n;',, 2(>7, -JtJS; fh. (1S711), :j.-)7, 'MY.); Ih. (lsso-1), 'jnS; y/,. (18s;!), Ill, L'H, 1>41, •_'.")4; /'-. (1SS4), -JlfS, 331; Ih. (IS'.Ki), \'1\. Sninetiuu"* the coniuuttee recommend suspension ol other rules; Vk (issii), is;;, l^ii. \n the Senate a proliiiiiMary ixHitiou ha.s not been n-lcrred to tht' committee on standiiv,' orders, hut lia.- l)een received fortliWilh ; .lour. ii^7'.M, 17."), •J.'>4. Then tlif [lotition fur the :ut has l)wMi broujilit in and referriMl in due form to tiie .standini: orders com- mit lee; Ih, :.f>S, L>10. ■ Can. Com. .L l''7.'>j. :,'4«i. ' Le^'. .\88. .'- ^1 V-.2-3), ;'.47 ; Ih. (,180.3, Feb. sess.), 320, ;52t>. * Can. Com. .1. 1X7:'.). 280. '' R. 09, mpm, 7oth Houses at the commencement of the ses- sion, and proceeds to work without delay. Under rule 53 of the Senate and Commons "petitions for private bills, when received by the House, are to be taken into consid- eration (without special reference) by the committee on standing orders, which is to report in each case whether thn rule with regard to notice has been complied with ; and in every case where the notice shall pro\ e to have been insufficient, either as regards the petition as a whole or as to any matter therein which ought to have been specially referred to in the notice, the committee is to recommend to the House the course to be taken in conse- quence of such insufficiency of notice." ' Can. Com. J. (1877), 79, 80, 90. -' Can. Com. .1. (187:5), 39; Il>. (1H76), 170; Southern Kailway petitions, Fob. 21, 1878. ' The tune is liinitcd for receiving petitions against hills in the Eny:li.sh house. May, Hit;. • Can. Com. J. (1S70), 139, 14:5, 171, 190. COMMITTEE OX STAND fXG ORDERS. t09 Under rule 51, commou to both Houses, notices must ])e given of " all applications for private bills properly the subjects of legislation by the parliament of Canada, within the purview of the British North America Act, 1867, whether for the erection ol a bridge, the making- of a rail- road, turnpike road, or telegraph line ; the construction or improvement of a harbour, canal, lock, dam or slide, or other like work ; the granting of a right of ferry ; the in- corporation of any particular trade or calling, or of any banking or other joint stock company " ; or " otherwise for granting to any individual or individuals any exclusive or peculiar rights or privileges whatever, or fordoing any matter or thing which, in its operation, would affect the rights or property of other parties, or relate to any parti- cular class of the community, or for making any amend- ment of a like nature to any former act." The notice must clearly and distinctly specify the nature and object of the application, and (except in the case of existing corpora- tions) must be signed on behalf of the applicants. In the provinces of Quebec and Manitoba this notice must be in- serted in the official Canadd Gazette, in the English and French languages, and in one newspaper in the English, and in one newspaper in the French language, in the district attected, or in both languages if there be but one paper ; or if there be no paper published therein, then (in both languages) in the official Caniula Gazette^ and in a paper published in an adjoining district. In any other province, or territory, it is necessary to insert a notie allected injuriously by the irregularity. The reasons which gene- rally lead them to a coui^.lusion will, however, be best understood by referring to some of the cases since 1807, where they have considered the notice sulficient or have considered that the circumstances justified a departure from strict usage. When the aj>i)licati()n was l)a!se(l on resoititioriH unanimously adopted by the sharoholder.s present ata.spe, ial gonerul meet- in^f, convened for the jturpose (f considering tiiosaine.' When a notice has been sutttcient in I'cgard to time, but no mention has been made therein of the rates of toll to be levied by a Jiridge Comj)any ; on condition that such jirovision bo made in the ' Can. Com. J. (1867-8), 35, 31). ill! ■■I I'll^l 1 \ . i i • I » 712 PRIVATE HILLS. bill ;w lliL' piivato Mil cominittoo mi/jjlit connklor necoMnai-y for re.'sliictiii;^ llio rates of toll.' When the iiotico coiitaiiiod no inon- tioti (or the proposed inciviiho of capital, on comlition that a pio- visioii was insoi-ted in the bill ixvpiirin^ tho consont of the shaio- holders to such increase before il went into operation.' When a railway to be inc(»rporated did not intei-fero with any existiii<^ in- terest.' When the aj)])lication has not been sufficiently explicit, but evidence was brou<;ht before the committee that the ]»ro- posed chaiif^es were approved by the shareholders.' When the e.Ktension of a railway would run thiough an unsettled tract (jf country, where no private ri<^ht8 would bo interfered with. When a very numerously signed petition in lavour of a bridge or other work in a public locality has been shown to the committee." When there are no existing rights to be atlVcted, and no oppo.sition likely to be otlered to the project." Wl;en the necessity lor the application has ari.-^cn too recently to admit of the notice being given in time.'' Whenever no private interests other than those of the petitioners ai-c atVected." When the committee have been convinced that the public in the locality specially aft'ect-jd has been made fully aware of the proposed legislation.'" When they have had evidence that the consent of the shareholders had been signitied." In 1871 the notice for the Coteau Landing and Ottawa railway was given oidy a few days before the presentation of the petition ; but the promoters explained that their action had been contin- gent on that of the legislature of Ontario, and on that of the corporation of Montreal City, and that as soon as they felt justilied in going on with the work they published the re(iuisite notice and hekl public meetings for the discu.ssion of the project, at which it was most favourably received. Under these circum- ' Can. (Ami. J. (lSt}7-S), KiS. '-' Ih. (lS(i'.»)) 99. In other instances whore the projJOHed uniendnients were not .siwcifu'ally stated in the m)tice, the committee have recomineiuled invariably a similar provision in the bill ; Ih. (18(39), 113; Ih. (1S71), 13!); lb. (1873), 82. •'//>. (1870), 1'37. ^///. (1S7;!), 110; 76. (1874), 147. '//>. (1874). 89. '•• Ih. (1877), 74, 272 ; lb. (1889), (JG. '" lb. (1870), b2. *Can. Com. J., (1873), (i7. « //>. (1S74), r,4. " lb. (1874), 219 ; lb. (1833), 100. " ///. (1{507-S), 177. NOTICES DEKMKl) sVlTiriEST. 71:5 ^taiic'OM the rulo was .susiu-ndod.' In another ca-.e of nljort tintice. the petitioners were under the enoneous irnprosion that tlicy conid obiain a charter tiom tiie governor in council under tlie i;eneral hankini,' act ; and the itile \va^ suspended espcciully in view of the fact that the whole hardvin;;: .\vstcni woidd cotnc under review tluit Mc.ssion.-' On the jjctition of tiio ('-•n»morcial HanU of New Brunswick for an act to limit the time witldn which tiieir notes would bo redeeiual)lo tiie notice wa.>s not complete as to time; and to remedy this the committ»'e sui^Ljcsted that in tixing the time to he limiteiich a ilatc lie >]tecitied a- would i^ive to creditors ample notice of the limitation. On the petition of the sion, the committee tbund that the notice merely referred to an extension of powers without any >peciric mention of these debentures. They were issued under the authority of the act in (juestion, after it had passed both Houses, but before it had leceivod the loyal assent. They were issued through inadvert- ence, in conse<[uenco of information of the passage of the hill transmitted by telegraj)h. and the object of the application was to remedy the defect. Under those circumstances the notice wa> deemed sufficient.' In another case the committee found the notice sufficient for a railway bridge, l»ut would not recommend a relaxation of the rule concerning tolls on vehicles and foot j)as- seiigers, because they tbund there was op[)osition in the locality ailected. ' In the case of an act respecting the (.'anada Landed ( 'redit Co., notice was first published of an apj)lication to the local legislature of Ontario through a misapprehension, and the notice of api>lication to the dominion parliament wa> only jjublishod subsequently, and consequentl3* was not conipleto ; but the com- mittee had no hesitation in reporting favourably.' When the petitioners have asked oidy for the confirmation of a railway charter already granted by the local legislatui-e, and there has iieen no opposition to the undertaking, which would be a^lvantageous to the development of mining and other interests of the country." When the necessity tor asking legislation arose 'Can. Com. .T. (1871), 60. 'Can. Com. .1. (IS71), 13l>, 140. ■' Ih. (1S74), 14S. ' Can. Com. J. (ISSS), 7S. ■'P.. (1S71), 7S. ' 7/a (1874), 147, 14.S. '■• Ih. (187(5), lOL', 120. iii ■\ i I n I Sr ! il.i r^ I I 714 PRIVATE HILLS. I at the la>t moiuoii; ami it wast<»()lato loirivi' tli.- rc.(uiroil notico ilk lull, aixi tiu* iiiti'i'«'sl8 of ilic >haix'lnil(lt'i> would I'C >utUci».'ntly protec'leil umK'r ;lie ciausf of the Model 15111, by which the jMiwei's a^ulilication ol the notice, the jd-omoteis havinij since then extcii.xivcly advertised their intent ion> in the have been received iVoni the inhabitants of the districts utlected in favour ot'the undertaking, ;ind no vested interests will lie injured should the measure become law. When the notices will have ^ullicicnilv matured before the bill could \>v considered bv the jiro]ter committee. ' When a i-harter for ;i railroad has !;ip.scd through inadvertence, and evidence has been adduced lo show ihat all parties ai-c in favour , of thi- ineasiirt Wi icn a lean anil agency couij»any iias a^Ued for an act to extend the time from live to ten years l(»r . ling real estate in satisfacti n of any debt, and the notice lia* merely stated that ajiplication woiiid be made to amend liie act of incorporation by Hubstituting the word •' rive" for • ten,' tlie cunimillee has refused to suspend the rule, but on further ctusidcration of evidence that no rights or intei'esi> were iikely to lie injurit)Usly attectcd by the absenci' ■<{' a Hpecitic notice, they consented not to ])i'ess the rule.' When no notice has i'cen published in thewliole district through which a railway is ]»roposed t" run. the notice has been deemed sulli- cient only for the districts where the notices have been duly given." Wlien no tolls or other particulars have been given in connection with a proposed railway bridire, as !('([uircd by rule 52, and adcfiua'' provision ean be made therefore in the bill ' Can. ( <>m. J. (isss), •♦(», -'//.. 137. ' lb, 12S. For model bill, see hifra, 72;i. * Can. Cow. .T. (isSff), :'.<•, (i.'», S4, !:.•<»; Ih. (1800), 20, ;M. oS, i^c. ■' It. (18.S1M, (Iti. " r>. S5, 90, W. ' Ih. 106, 112; //'. 18W), 68, 7il, t»S. yoTlVi: Itlsl'ESsEU WITH. 715 hubjoct to tlie approval ot liio .ifovornor-iii-couticil.' Wlxii an ll^HU^unccl'^)mpany liavo not ^jic'cilifd in tin' iioiict' — ri';,Milar in uthcr lospc'cts — their intention to :i))]»Iy tm- powiT to limii tin' amount ol' >tov ]< hold by anyone jioihoii. hiil (ho exnci^e ot' mkIi power woiilil allVct the hhaiehoidi-is only and (.(Hild be made eon- ditional by the bill on theii- appmval al a general meetin.n.-' From the forciroinc: [)iV('i'iloiits it will be seen that uotioo was i»iven ivrouularly, or was d<'t'ettivt> in point of time; Imt there are numerous inst;intes where the toni- •littee have lelt justilied in dispcnsinu- witli a notice altoi-ether. The petition oi' a board of trade for aniend- meuts to its act of incorporation, and to leirnH/,. the appointment of an official assiunce made previous to iu- cori)ora1ion, was not considered one recjuirinu," tlw pub- lication of notice.' In the case of the Niairara FtiUs (ras Company in the state of New York, for authority to sup- ply the town of Clifton with' yas, no notice was given, but the committee recommended a suspension of the rule in A'iew of the fact that there w;is befor»^ the House a petition from the latter place, repre.sentinii- that it would be of great advantage to the town, and that no private rights w^ould be interfered with.' The Vine Growers' Association petition<'d the House for the repeal of section 171 of the act respecting the inland revenue (relating exclusively to the said associ.ition) and for certain amend- ments to the act incorporating that body. No notice had been given, but the committee recommended a suspension of the rule, as no other interests were likely to be allected, and as the act referred to was passed that same session, without the knowledge of the company, whose interests were thereby most prejudicially atlected.' ' Can. Com. i. (1^90), 5s, 99. -' lb. 6S. • IL (1J<67-S), 39. * lb. 177. ^ lb. 207. I ' ! M in 1 \ ! I 710 riilVATK HILLS. The rommittee havr al.so clispoii8t»d with a notiff under the rollo\vini»' ill.' Wlion ilu' ornistwion ha> ari.-'On trom rtoino accidi-nt, and not I'lom any no^li^vnco on the part of tho potitiont'r, and the ahsontij of notico woidd not ho |)rojudicial to any private intcrostH. When it has boon shown that tho cii'cujnstanccs rondorin^ lojj;ishition no(('s«ary wore so rocont that it was impossible to _i,'ivo tho foipiisito notice;' but ^'onoially on condition of tho insertion in the l)ill of a jd-ovision that HO mucli thore. (IS()7S), 210. •'//>. (iStiO), Sii. * lb. (1874), Ititi; II,. (187(i), 170; Sen. J. (18S3), 18S, 232. ■■'Cun. Com. J. (isfiy), is,-). " Can. Cum. J. (1870), 44. In this eiwe the company first applied to the Quel>e(^lej:ialature and jiave the reiiuisite notices; and then they detei- niined to a.sk legislation from the douiinion parliament. ■ lb. (1S70), li:!; Ih. (ISSi)), 100. " Ih. (1S73). 123; //.. (1.S75). ;!0;5. lb. (1890), 110, 203; Sen. J. (1883), 7ii, 5)4,232; " //^ (1883), 110, 202. '"///. (1 SOU), 102. lysrFFlClKXCY OF NOTICK. 717 |»iililisliO(l in tl»e loculity iitul tlio publu' Iiuh hi'on ()tht'rwi>e fully niado c'(t^ni/-ant of ihe propobod application.' When mi notice of tlif inlonilcd legislation could Lie given in lli« locality or in its neighbourhood,-' When the putitionui'n have been willing to hubniit the mutter to a vote of the Mhaieholdeis befoie t.iking action upon it, and ju'ovision is insei-ted to that effect in the bill.' When the inajoiitN- of the Hhai'eholdoi> ronido in <^ireat Uritain and Himilar provision is made.' When notice had been given in a local piijier only, and it wan shown that the jtroposed work was confined to a pai'ticulnr locality.' When no notice had been pub- lished in H local j»aper by the Montreal Nortliorn Colonization Railway Company, the committee diiected that notice of th(^ a|. plication whoultl bo given to Iho St. Lawrence and Ottawa IJailway Co., which had power to build a railway bridge in the same locality, and au the rightH of the general )>ublic could not lie prejudicially ail'ected, the notice in the Gazette and .Montreal papers, bo supplemented, was eoneidcred hutlicient.' When the meosure did not interfere with any existing rights, but would tend to develop u now section of country." When the Winnipeg \ Northern Pacitic Railway Company have asked to extend the time for the commencement and completion of their railway, no notice was jiublished in Saskatchewan and British Columbia, over which their charter as extended, and no notice was given in French in Manitoba: but as no interests wore likely to be affected injuriously, and a notice in English appeared in Winnipeg, the rule was suspended.' When the operations of the proposed company would lor the most part bo contineil to a county in which no news[)aper was published, arul the measure would not conflict with anj' existing rights.' When a proposed inci-ease of capital is subject by the act to the unanimous consent of the sharo- liolders at a special general mooting called for the purpose. " When the bill is not of a nature to i-ecjuiro the jiublication of a I l^ ' Can. Com. J. (1^70), S2. In tbia case tlio notice was jiublished in the Ottawa pai)er8, but not in the adjoining city of Hull. • //-. (1S71), 7S. ' IL (1871), 102; i/.. (1873), o2. ' lb. (1S73), 1G2. •' Il>. (1H74I, 255. " lb. (1S74), 218-9. ' lb. (ISSK), Ity. -//>. (1881)) 100. «///. 111). '" lb. (IS'JO), 185. I i I i i ■ lf;i i •718 riilVATK lULLS. notice.' On coMilition (hat provision ho inado in tho hill for tho assent of tho shaieholdei-- at a ,«fenoi'nl meeting.- When tho h'<;islatioM asked t'oi' related to eotnpanies or associations tbi'mei! for benevolent, cdiaritalilo, odiicalional, social, literaiy or seiontitie piii'I)osos. Wlien the occasion for le^^islution has arisen on ac- count ot a very recent Judicial decision and it was inij)ossible to givo sutticiont notice.' When an act of naturalization is asked for.' The i"or»'iroino' precedents illustrate very clearly the principles that f^uid»' the corainittee in coming to a I'ou- clusion with respect to the absence or insulficiency of notice. They show that such irrcuularities are overlooked only when the committee are made J'ully aware that all ])arties interested hav(» had sufficient notice, or that no interests are allected except those of the petitioners. In the case of hanks or other incorporated companies, the consent of the sharehoklers is provided lor l)y tlie inser- tion of a (lause in the bill. When the committee have believed that the notice was really insulHcient." or that the consent of the shareholders had not been i»iven," or certain rights or interests are injuriously allected," or the petitioners show no good reasons for exemption from the rule,' they have always rej)()rted iidversely. If the ' ('an. ("oiu. .T. (1S7!)(. s;} ; Sen. J. s.'t (Gedjiraphicnl Society). Can. <'oin. .1. (1S7!I), KM. WuiKlstock I-itoMiry Institute, ls,")7. .Moutreal Natural History Sooipty. ]S(iL'. Sdcioiy of Canailiun artists, ('an. t'oin. .1. (isTO), s;5; .Son. . I. It'). Canadian Aiudoniy n. .1. 7'_'-:'.. Sistcis of Charity in N. W. T., 7th Manh, Issi', Cuti. <'oni. .1. Uoyai Snciety of Canada, Can. Comi. ,1. (ISS:!), ()7; Sen. .)., 7(;. Koyal Victoria Cc/lone, Can. C.ni. .1. (isss;, -JH. ' 1're.shytorian Ciiurch hill.s, "Jud .March, 1SS2. (an. Com. .1. (iS7--'). sO. '' lit. ilsti!»), KiL" ; /''. (l><74), lis ; ih. (i.s«;;), loo. ■ /'.. llS7(i). 17(1. ' [I). (IH-'S), 1:')S. In<)uei)f tiio two cases hero cited the matter wns rolorrod i)ack to tho comniittoe for fnrthir consitleration, and when thtj parties who had Ijofore opposid the jM«tili")ii came forward, and did iinl press thoir claims for iiMtectiitu at that staire, tlio rule was siis|KMided. / . li*5, V.A. '■' Jl>. (Ih'.lO), 13^. jiKi'nirr f'F .sTAXDiya oa7>;;a\ lommu'tkf., lit no :»tict' should he too i»'<'iu'ral in it- i.rnis. (.r il no nuMitiuij l)t> niiult' ol"r««rtain niMttcrs in ; or il" the matters so omitt«>d u!v allowed to be inserted in the bill, due 'pro- vision should be made therein lor tli.- protection ol' all parties wlu)se rig'hts might l)e allecft'd ])y the absence of a speeilic notice. A\ hen thf notice has been iriveii oidy iu one county or district, th"' operations oi th«- petitioners have ])een loniined to that locality. Th. re por t of l1 le committee i.s almost iuvarial)lv at ce[)ted by the llousi' as eonelusive. and there tannot be found a single instance sinre istiy-s ^vhere the House has directly ovi'rruletl their decision, i hough, as it is shown on a subsr(|uent ])age, they ha vt' themselves reversed their report on a further consideration of the ^ue.slion.- in the rase of a bill from the Senate in 1^77 thf committee reporteiludvi'rsely, and the House suh.se<|Ufntly negatived a motion to suspend the standing order>, and in tliis way (Aerruh- the report of the committee. hi l^iS:}, the Senate eonimittee on staudiiiu orill. of whi« h no notii-e had Vh'cu given, and whirli was referred to them in the absence of a petition ; but I h<' Senate susiieuded the rules and in this way nuUihed tlie action of their own commit'ee.' One case is ri'ill I'ratticts 47; Hiintintrdon plnnk road conipany, IMti. ■' " In some few I'jwos, (May, 71)3-4), the ilefision of tin? Htiiiidiii^' orders coinmiUt* lias Uetm excepted to and overruled by tlie House, either iiptm the lonsideratioii of |K'titions from tlie promot4^rs, or liy a direct motion in t)io House, not founded upon any petition. Ilutas the House has l)e(ii jreiierally dispaseil lo 8Up|Hiri the commiltee, attempts to reverse or dis- turh it« decisions liave ranOy been successfal." See ^(i C. Hans. i,:l), 15^, ' Elora Incor|H)ration, isr^ii. * Can. Com. J. (lS7«, :124.:>, 320, \m. ci is paid )minitte(', 11 having d Ctiiuida ) tht; coin- as*' oic'on- i!>peudin;j; ivoiirablH, Midod and 'd.' When lominitteo [or rurthtM- I amt'ndt'd li('«mI to sa- ho suspcn- bill, it is hat iviom- ht'DlSolvt'S however, Piid tuniiiany, idiii^; (inlers .either upon irt'iit inotidM \iselias Itei'ii \ crsu or iliH- ,iiis. (,:'.), I5s. 1 :]('.. K. K. aineiul- "<.ni..I. (\SS7\, ret'erretl Inn k for 11 Itill was 1 1 recuiiinienil iwiiiH (lay the :>), 1(15, ItiS. . Jiiur. tl>»7o), :., [V2{), 373. rntsr ukadixi;. 721 has not l)etMi uniiovm in this ivspect, and rases will be I'ound in the jonrnals of bills having be«'n immediately iutroduct'd after tlu^ presi'ntation of the report without any formal motion for the suspension of tht» rule.' The correct practice, however, is to move formal concurrence in the report,-' beibre the introduction of the bills founded on the petitions n-ferred to the committee.' in the session of 18.S0-1, the time for the rece[)tion of reports on private bills in the Commons lai)sed accident- ally, and it was not compet«'nt for the standing orders com- mittee to recommend an extension of time. It was then considered iiecessary to givt; a formal notice of a motion to revive the «ommittee. The standing orders committee then met and made a report to extend the time for peti- tions as soon as the House had agreed to the above motion. In accordance with English practice, all nquiries as to compliance with the standing orders allecting private bills properly fall within the sphere of the functions of this conin)ittee, and not of the committee on a particular bill.' VI. First and Second Readings-— When the committee on standing orders have reported favourably on a petition, the member who has th»^ bill iu charge can present it im- mediately iu accordance with the rule: "All pi'ivnte bills are iiitioducod on potitioti and ])rosoiited to tlio House upon a motion foi' loavc, after siudi petition has heon liivouralily i-oported on by the committoo on standing orders." (Com. II 50, Son. K. .)T.) It is usual to pi-i'sentsuch bills when motions are called 'Can. Com. . I. (IS"')), 14(5,147. ■ It\ the Eii^rliHh ("(Hiimoiis tlu' (■()iiimitl«M»'s report is in llie sluipe of varitMis resolutions, which tiro furnially road a second linioand a^jroed to ; 121» E. Com. ,T. ()3, ito. ' Can. Com. .1. (isSO-l ), fiO, (;s; Ih. (1SS3), 100, etc. ' V. \ V. KMl; .h)ur. Joo, l.')4. ■ May, S7l'-3. 40 Mil ii; Wi M I ! ! I 1 1 1 1 1 i ' ' 1 1 t ^u fH .1 Ifl 1 I 722 PRIVATE HILLS. duiimi' jirogrt'ss ol' rouliuc business. Tln' motion I'orlcavi' must 1m> in writing-, as in the rase of i)ul)lif bills, and the ioes i'or i)rintin!^- must l)e paid bt'l'ore tlio bill ran be j^ri'- sontfd.' All tho rulos that apply to public liilis are aj)- ]ilicabli' to private bills in their progress through the Houses,- unless tlnMV are standinu' ordi'rs six'tially rei'er- riniT to the latter. I'oi instanec all bills an> read a lirsl time without auuMidmeut or debate in the Commons, though the House may divide on the (juestion.' If a bill has been presented and read a lirst time before the com- mittee on standinjr onb-rs have reported on the petition, the order for the second readinj^ must be forthwith dis- charged, and the l)ill withdrawn until it can be intro- duced regularly.' H' the committee on standing orders recommend a suspension of rule .")! respecting notice, the member in presenting the l)ill should also move in accord- ance with thatret.omraendation.' H' the time for receiving private bills has expired, a member cannot regularlv presi'Ut a bill, unless the committee on standing* orders or other committee on private bills have iirst recommended a suspension of rule V.\ t)n application having been nuide to them by the member interested, 'i'lie rule having been suspended on motion, in accordance with the recom- mendation of the committee, the bill may then be regularly introduced." The lirst and seiond readings take place almost invurial)ly on separate', days ; only in cases of urgency, towards the close of session, and under excep- ' Pee (■»//>"tu't« all li-fs and fliarws. '•' See cliiiptur xviii. on public hills. ' Com. K. 4L'; Can. Com. .1. (1877), l-i;}. H4, \W : Sfii. .1. (1S>^;J), II). ' Can. Com. .1. ilS77), M). ■ ///. (IS7t;), 1(1.".; lb. as77), !Hi. '' IIoihelftK'si Unildiiifr .Socii-ty, March 15, 187s. ( >ii a previons day .Mr. .lett^ moved i'nr leave but iiad to withdraw hi-* mution until tiie com- mittee reported. Sometinies the 8tandin>^ orders committee, in a ( asH of ur^rency, will report in favuur of .sU6i*Midin>j both rule*, lit andiiO; C; Cum. J. ( 1S73), 2(J7, .V>. ( lsi)0), 1:'.!), iStc. iiii. M FIRST llKADlSa. n-1^ tional circumstaucos. Avill tho llouso deviate from this wise piactiee. ' It is necessary to have all proposed rates, tolls, i'ees, or fines printed in ituli'.s — teclniirally eonsider.'d as blanks to be lilled up by the oommitttv.- The bill " must also have attached to it a eopy of any letters-patent or agree- ment " \vhi?n its object is toconlirmsuch. WIk-u the rule has not been fompli»'d with, a private bill committee has reported adversely ; but in such a ease tho omission may be rectified in committee of the whole on the bill.' In the session of 1887," the House of Commons adopted rules with respe(^t to the ineorporation of railway com- panies, which have decidedly facilitated the work of legislation. It is now provided that all bills of this character shall i)e drafted in a( cordance with a Model Hill" under the following rules: .■)1A. All pi'ivate Itill^ foi-acts of ineoi'poratif.ii of. or in amorwl- nu'Ut of acts iia-orpoialiiiic railway coinpanics. hIkiII Ipo liiawii in aoconlanco with the Mo'lel Jiill atJoptoil l>y ilio Jfimsi> on 23nl .liu\o. 1S87, eopio of wliii'h may ho obtainotl troni the clerk t>l' the House. {a). The j>rovisi(>n^ contaiiicil in any bill which are not in aoi'di'd with the Mo.l.'l bill, ^ilall ho in>ertotl l»etwotM\ hraekcl-. antl wlion rcvL-jcl by tiio propoi" otUior shall bo so printoil, ami hills which are not in aceMivlanco witii this rule shall bo n'turned to tho promoters ti) he recast bol'ore hoini^ revised anil printed; (6). Any sections of existing" acts whicli are )iro]»osed to ho ' Can. Com. J. (l.S7!'),:i-(), ;}73; Son..!. tlS79), '_':;3. In the Sonato tlie Miles are fnrnially di^pensod witii in sach a case. Ih. (tssS), 'J7o. Totld'a I'rivale I'd!! I'ractice, 5') ; .May, 7'.Hi-7. In issii, a 1)111 was aiiiondod in cnniniittee of tho whulo by adding; a elausf iixinj; rates of tolls. Sahle ami Spaiush Boom and Slide Company of Aiiroma. Hans. 782; 49 Vict., c. lOS, s. 4. Com. -i. T)? ; l»en. K. oS. ' Hessonier's patent, 1357. •' Can. Com. J. (1887), 105, 203, :513, 3'JO, 411.'; Hans. Ill"), rj7i». The pro- visions of tho now rules wore CI >i>ied in certain partit'ulara from .iinuhir rules in the Ontario liO):ialatiire. ' .N.'.e nppoudix K. to this work. ■ i t I - V ' I, I ; i \ I Hi ( WM ■! I 724 I 'R IV ATE BILLS. jimonclcd shall bo rcprintod in full with t • amendments inserted in thoii" proper placew and between braeket>i ((•). Any exceptional pi-ovisions that it may bo pi-oposod to insert in any bill sliall bo clearly specified in the notieo of aj»]ili- cation for the same. niB. No bill for the incorporation of a i-ailway company, or for chan^inf^ the route of tlio railway of any company already incorporated, shall be considorod by the railway committee until tliei'e has been fyled with the committee at least one week befoio the consideration of the bill : (<^/). A map or plan drawn upon a scale of not loss than half an inch to the mile, showing the location uj)on which it is intended to construct the proposed work, and showing also the lines of existing or authorix-od works of a similar character with- in, or in any way atlbcting the district, or any jtart thereof, which the proposed work is intended to serve, and such map or jdan shall bo signed by the engineer or othci- person making the same ; {b). An exhibit showing the total amount of capital projiosed to be raised lor (ho purposes ot the undertaking, and the manner in which it is jiroposod to raise the same, whether by ordinary shai'i's, bonds, debentures, or other securities, and the amount of each, respectively. 59A. Before any private bill is considcied b}^ tiic committee to which it may be referred, a rojjort shall lirst be submitted to the cf)mmitteo by tiie examiner, stating that he has examined tlio same and has noted, oj)posito each section, any variations from I lio j)rovision8 contained in the Model Jiill ; and, to insure uni- formity, the oxamiru'i' shall revise and ccrtity every i)rivato bill j)assod by the committees, and the reports iliereon, before they are presented to the House. Provious to 1867, private bills were referred to the select standiiiij committee after the second reading-, but in that year when the rtiles were revised and a new code adopted tor the dominion parliament, the reference was ordered to be made in the Commons after the lirst ri-adin*^.' In 187"I the House of Commons reverted to the old and more Can, Com. J. (1807-8), IL'O (Rule o'J). SECOSD Jii:An[.\G. 72.-) corroi.t practice of voforrini:? all ])ills alter the second readiiiff.' The Soiiate, howevor, never deviated I'vom this practice." "When the order of the day has been read for the second reading of a private l)ill, the member will make the usual motion. At this stage counsel may be heard at tht^ bar for and against the bill, but the ne(^essity for this step has only arisen in a few cases in Canada, and, in fact, there have been no instances since 1807.' The opponents of a bill liiid that the more convenient i;ourse is to explain their objettions fully before the committee to which the bill may be referred. It is only on rare occasions that the second reading of a private bill is opposed ; the practice is to allow all discussion as to its expedieni^y to take place first in the committee.' ►Sometimes, however, if it is thought that the bill is properly one that ought to be dealt with by the lo'-al legislature of a province, objection may be taken at this or at any other stage of the measure.' ( )r if there are other reasons of a public nature against the passage oi' a bill, its second reading may be very properly opposed." The principles which should uuide thcIIouMt ' (an. Com. .1. (isTI}), IJol, ;'.S4. -' In IStil tlio le)»isUlivo rouncil of Cnnaila mloptod ruins tVir private hills ith'iitical with tb>ne of xhv a.ssfiiiltly, Tlio Senuti* nia(liiu>ntsar« iiiaMo in the one house, it is usual to make similar dian^iw in the other, .so that there may t)e unil'ormity of prutticf. •' Kinc's Collene, 1S4;!, lS44-.")an(l 1^4(1; Montreal ("onsuniors' (ias < 'o., is4t); (ireat Southern K. 11., 18:)7. ' Tiii.s i)rat'ti(e has heen found particularly convenient in the case of railway hilLs, involvini; uect^ssarily many diver** interests of a coiii[)li- catod character in not a few instances. " If it was nndersitK)d with re^'ard to hanking', insurance, canal and railway liills, that they \\er<' to have a Ion;.' di.scn88ion in the iiouse, on the principle involved, thes»» committees would lose thoir chief practieal value."— Sir , I. A. Macdonald. Seo Can. Hans. (1S7U), KlT-'.l ; i:?!»l-7. Il> (IHsO), MH (Mr. Ilolton). Bridt'e over the river l/Assoniption, lS7o ; Hans. H(»:;-4. "Street U. K. Co. hill in E. Coniinons, Ititli April. IHtii ; h)2 K. liana (:?), ••)41. ! ■! I t r^ M T-^ l-2i\ I'lllVATi: I'.ILLS. > i on thesccdiid reading ol" a privatt^ l)ill av«' thus oloarly laid down by the most oniinont Kniilish authority of modem times : " Till) .second I'cailing coirosiionilswitli the same statjf in oilier liills, nrid in n^^roeiiii^ to it, the lioii-.i' atlinns tliogeiu'ral jirinci- ]>k\ or cxiit'diency of tlic incai«iire. Tlioie in. howevi-r, a (iihtinc- tiiin lietwceii llio second ii-ailiiiji^ ot'ji )iulili('. aii ; hut l))p exiH'dicMuy of a I'n'vate liill, iieing mainly founde*! upon allegations of fiict, whii li have not yet li('«'ii j>i'( vtd, Ihc lionx-, in airit'eing to 1(8 second reading, atiirnis tlu> )irin<'i)ilc of the iiill, conditionally, and suli- jeet to the juotd'of Hueh alli'galions licfnrf the eomniitlee. Whore irrespective of HUih facts, t ho |)iiiKi|di' is objectioiinl)le, the house will not consent to the second reutliiig ; hut otherwise the exjiedi- ency of the measnre is usually- li-l't for the c<»n.>-id<^ratioii of Ihc coniTnittee. Tliis is the first occasion on which the hill is hrought before the house otherwise ihixn pro for ma, or in connection wit/i the Btandiiig ordi'rs ; and it the l>ill be opposed upon its prificjpjc it is the proper time for attempting its defeat." ' When thel)ill has been read a second tiino, the memlier interested will move that it be referred in aiiordance wj^ the rules of the two houses : Smite Hide 00.- " Every private bill, aftei- itH secoinl veaillng, Is rollM'I'tnl to tlin standing committeo on ]»rivatc bills if aj»pointed,or to some other comniittoe of the same charactoi'; and all petitions before Ihc Senate, for or against the bill, are considered na icferred to such committee." Commons Rule 59. " Every private bill, when road a second tim©) ii* referred to Ihn standing committee charged with the cotjsjtic'iatji/// ofmieh hills. ' May. 7iKt-H0. s#.e remarks of Hir .F. Ma(\.sion for refiiinlM'M (il llllM, af.er first reacting in case of a '^iieHtiun of jurisdiction ariHing ; K((^«ni, liMi- V. iiEFKiiiiiih r<) A <().\[Mi iTi:i:, 1-21 IViIIh relating Id haiiUs, insiirarnc, tijulc ami r.iinnuici' \>> tho committt'o on liankiii^ aiiil cumiiu'rco ; Mils ri'lalin^ to faiUvayH, caiials. lolt'^^iaplis, canal ami railway l.iiil;;i's, to ilic ci-niiniltoo (Ml I'ailways ; the Kills not coiniii;^ iMi'loi- tlifsf clasM's to llie com- mittt'o on niisfollaneous piivato hills,' ami all ]>ctitions tor or airainst tlio liills arc considcicil an ret'isrred to sui-li corniniitec." All Iho prociM'diims in llio proL-ri'ss oi" a private bill art' carornlly provided lor in the staiidiiii^ ord'Ms, with tho view ol' inl'orminir all tho i)arti«'.s iutercstt'd. Under the rules of the two Houses u privat*' hill reuister is kept in one of the ofUees. A elerk ent«'rs re«rularly in this hook " the name, deseription, and plaee (»r residence of the par- ties nj)plyin,ir for the hill, or of their aufeiil, and all the pro(M'edinirs thereon, from the petition to ihe passinir of the bill — such entry to specify brielly e;ich proi-eedin«>' in !)}>' TI0U8O or in any committee to which the bill or the petition may be referred, and the day on which the com- mittee is aj)pointed to sit." This })Ook is open to public inspection daily durin*^ olHce hours. ' .Sometimes, when the House discovers that a bill has lip referred to the v»r:?'ig committee, or that it can be more ( onveiiienlly considered by another committee, a Ifiolion will be made to discharge the previous order of re- fcrern e, and at'}}^ }t to the proper committee.' Sometimes k • Tor iiiHtunce, bills resjitwtinv; bridges, not railway bridm«, are reft'rrod Id liiii (!(i|iiliiitt('(' f)n private bills, ("an. Com. .1. (1880), l(i(). lint bills for iii(nr|iiatioti and steamship companies [/'». (18()7-s), JKl; //-. (187:5), -'«! ; //'. (1875), ir,:'.; Jh. (ISSO-l), Acadia S. S. Co. ; //-. (ISS'J), 71, Nil ; //(. (1835), 12!)J, liavo been j.'enerally sent to banking and commerce coinniittee. In lS8it, a steamsbij) bill was reA^rred to railway.-* and canals lifciuiHo if was connected witli the Canadian I'acilii' Railway Company. .Idin., Kit). .Stui. U. (W; Com. R. 70. 'Can. Com. .1. (18771, IL'7; //.. (ISSO), 77 ; //.. (ISSJi, 2H0. In 18.s4 a bill ie8|p<((lln^' pilots, lir.st reforrod to the comndtttn* on banking; ;ind com- merce, was snbsetpuMilly sent to private bills, as it was Himi>ly a bill r(>)/iilalintjr the Hfhiirs ol pilots am<>ii'/ themselves. .S>e Hans. i:U. In )8(|| two bills rts|»e('iin^ a bencvulent society were sentltirst to private (lilU, tuul HUhHe(|i!ent|y tu bank'ngand commerce, becau>«e they contained 1 I f! 1 1 H I • t (■- \ 728 riiiVATi: HI U.S. ! 4 •:! n the ( onnnittce will lluMusclvi's n'port that it should bii so it'ltTrod iiiul a motion will ho made actordiiii>lv.' In- striirtioMs aic sonit'tiinos i^ivoii to rommiltt'cs with n-- lon'ncc to particular hills. In IH^;:), the tommittfc on hankinrr h;iviuj»; under consideration a hill to repeal the acts incorporating^ the Colonial and > ertain othi»r hanks, that had I'orleiti'd tlu'ir charters, made a report that they he«'mpowered to extend their iuijuiries to any other ))anks that might he similarly situated; and the House imme- diately gave the necessary instructions." IT it should be necessary to withdraw a hill alter it has been referred, a motion .should be mach* lirst to discharj^e the order and then to withdraw (he bill.' lu the session of 1SH2, it was ascertained in the Senate that a bill respecting' the Quel)ec timber company, which had passed the private bill «ommittee, and was on the order paper for tlie third reading-, contained certain pro- visions empowering them to borrow money aud make loans on the security of stock, deposit receipts, etc. The order was thereupon discharg;ed and the bill referred to the committee on banking who made further ameuf^- ments.' VII. Fees and Charges.— Under the rules, as amended in 187«i, all bills should be printed before the first reading-, in the two languages, at the expense of the promoters. The rules provide for the printing expenses as follows: provisions all'ootiii^r iiisuiaiHO. .lour. .luno .'). In laso of a ntnv reference af'tiT tlio l)ill liuH liocn po.stcnl for a wwk, llio terms of rnl« «)(» providing for sucli jMistinn are conHidtwed sulliciontly compliod with. If tlio full wtH'l<'s notice lias not been jrivtMi wlicn u new roforoncw is niatlo, tlion it will bo niuossary only to post it for tbo tinio rcMpiirod to make up a full week. Votosand 1'., 187"), p. 'J:;5; Ih. 1882, p. ".TO. In the last case tlu> week's notico had lon^ since been j;iven, ami houco there is no reference to bill at the on:1. ■' Ah8. .lour. (ISd:? AuK'ust session), lO'J. See also //.. (1852-3), 290, :U0 ; Ih. (18.-)4-r)), 177, H»7, 2'J!). 'Can. Com. .1. (1S7S), (lO. ' Sen. .1. {1^82), 17s ; Hans. 28u-fi. r amcuf' FKEs. :-2',) " Any piM-MMi Hcekiti:; t<» olttain any piivati,' hill, jn-lnj any f.relitsire priritfije or profit^ or jmciite <»■ rorj.unte iulcauta'je, or f<^r any awfinliiirnt of .ny former act, shall ho iviiuii'oil toilopnsii with tho clerk of tho IIoum-, oi;,'ht days lu>lbrethc moeliii!,' ofthoNanu-, a (-((py of such bill in tlii.^ Kiii^UhIi or Froiuli lani;uai;o— with a -.iim sulllciriit to pay tin- tnui-latiiii,' at-.tl piintimr tlu* -am-.- — (><)() copies to hu pi iiitt'tl in Kn^lish, aiul liOO copies to ho piiiitoiovides for the payment of a fee after tlie second reading : "The applicant shall aUo be rcinates, but the cost of printing- the same is paid in eaeh Iloii.se." In ca.se the bill is witiidrawn or otherwise fails to be- come law, the fee of ^'200 is relunded, generally, am. pro- perly, on the recommendation of the tonimittee on the ' i^en. K. ")'.••, Com. R. oS. Tho rule ig iml well observed in the Com- lutms; in ISSU, there wero ;i" l)ills sent in Ix'foro the sesslDUout ofti- {"re- sented ; in 1S^7, 'JO out of SI ; in IsSS, IT ()(). ■' Can. Com. J. (ISTti), 212; also \ls80-li, 3"m. If tho bill fail or bo with- drawn in the House, then tho meud'or will be allowed to move directly for rofundin^;()f fees. Yarn outli Dykin-^' Co. Iiill, u. Isl, .hiur. IST'.t; alao (1S80), 'im, 2C)7. rreaml)le not proven (IS80), 2'.t'J, 300 ; P>. (ISSO-l), 21.:> ; 11k (1SS2), 425. t ! if • I i i r. h I r I 'I ..i^ *n-> ^, IMAGE EVALUATION TEST TARGET (MT-S) 1.0 I.I 1.25 If 1^ V^ S I' IS 1.8 1.4 1.6 # /; ^^ ■ v» Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 iV ^N^ ' \\ a' cS\ ■^ ,^ . 'm.s ^ Ill i i i ;i M ll 730 PRIVATE BILLS. bill.' Sometimes the committee will recommend that it b^ refunded on other grounds : " Because a bill has been rendered necessarj- by the action of the geneial legislature,- Becaus.- the necessity for its passatrc ai'ose f]'om no fault of the promoter, but from circumstances beyond his control.' Because the committee have materially diminished the powers asked for.' Because it is not liable to the fee and charges levied on private bills."' Because it is a mere amendment to the general act respecting banks and banking.'' Because a project is a groat public benefit to a locality." Because the promoters of the bill have agreed to accept the provisions of a general act passed that session.^ Because it has to a great extent been superseded by the provisions of a public bill.'' Because a bill has been consolidated with another, on which fees are paid.'' Because it is a mere amendment to a previous act." " Sometimes the committee will make no report at all on a bill, and then the member interested may move that the fees be refunded "inasmuch as the committee have not reported on the same," or " it is impossible to obtain a quorum."'- When a C ommons bill is lost ornot proceeded with in the Senate, leave will be given in the Commons to refund the fees which are always payable in the House where the bill originates.'" When a bill is lost in the 1 Can. Com. J. (1879), 224, 344 ; lb. (1880), 99, &c. ; lb. (1880-1), 215, &c. ; 76. (1882), 297, &c. ; Sen. J. (1882), 171. - Can. Com. J. (1870), 175. •' lb. (1873), 212. ^/t. (1874), 167. ^Geographical Society, 1879; Baptist Union, 1880 ; Sisters of Charity in the N. W. T., 1882; Royal Society of Canada, 1883; Society of Civil Engineers, 1887. « Can. Com. J. (1877), 93. ' lb. (1877), 147 ; lb, (1879), 425. « lb. (1877). 245. » lb. (187S), 148 ; Hans. April 5. '» Can. Com. J. (1870), 325 ; lb. (1880-1), 213. " lb. (1883), 192. '^ lb. (1875), 343; lb. (1880), 289 (no quorum). '■'lb. (1874), 349; lb. (1880-1), 334; lb. (1882), 409; lb. (1886), 321 ; lb. (1889), 240. The same course is followed in the Senate when a bill is lost by the action of the other Houce. Jour. (1890), 235. IX COMMITTEE. 731 House itself by an adverse motion, the lees are also gener- ally refunded.' The fees paid on a bill that had not be- come law have been refunded in a subsequent sessiou.- "When it is not intended to go on with a bill, the regular course is to move at the same time for leave to withdraw it and to refund the fees.' It is also usual, though not necessary, to add, " less the cost of printing and transla- tion" — the fee to be refunded being the $200 paid after second reading. In 1882, at the end of the session, a bill was deferred for three months on motion of the member in charge, who was unwilling to agree to amendments made by the Senate, and the fees were thereux^on ordered to be refunded.' VIII. Committees on Private Bills.— Lists of the committees to which private bills are referred under the rules ' are hung up in conspicuous parts of the Houses for the information of members and all interested parties. It is also ordered : "No committee on any private bill originating in this House [in the Senate] of which notice is required to be given, is to con- sider the same until after one week's notice of the sitting of such committee has been first affixed in the lobby ; nor in the case of any such bill originating in the Senate [House of Commons] until after twenty-four hours' like notice." (Com. E. GO, Sen. R Gl.) This rule is often suspended on the recommendation of one or more of the committees charged with the considera- tion of private bills." In a case of urgency it is suspended on motion, especially in the case of Senate bills ; but only ■\> ill 1 Can. Com. J. (1877), 353. '' lb. (1875), 170; lb. (1882), 207 (bill lost in the Senate). •' 16. (1887), 245. * lb. (1882), 511 ; Hans. 1571-2 (telegrapli biU). ■' Supra, 726. « Can. Com. J. (1874), 201, 203; Ih. (1880-1), 254 (S. 0. Coin.) ; Ih. (1883). 221 ; Sen. J. (1880), 220 ; Deb. 456-7. 1 : speech until after the evidence. Witnesses may be called and examined in support of the petitions ; cross-examined by the counsel for the bill, and re-examined by the counsel for the peti- tioners ; but counsel can only be heard, and witnesses examined on behalf of petitioners, in relation to matters referred to H I M 1 1 I 1 ' May, 820. ' Com. S. 0. 131. * May, 837, 881 ; Lords' S. 0., Nos. 62-66. '•> 859 et seq. May, 837. 6! 736 I'll IV ATE HILLS. I \' in their petitions. As a general rule, each witness is to bo examined or cross-examined Ity the same counsel. (!ommit- tees ha\e also resolved that no counsel should be ])ermittod to cross-examine witnesses who had not been jjresent dur- ing the examination-in-chiei', nor to re-examine them unless he had been present during the cxamination-in-chief, nor to re- examine them unless he had been present during the entire cross- examination. When the evidence against the preamble is con- cluded, the case of the petitioners is closed, unless an opening Bj)eech should have been waived ; and the senior counsel for the bill replies on the whole case. If the petitioners do not examine witnesses, the counsel for the bill has no right to a reply ; but in Pome special cases where new matters have been introduced by the opposing counsel (as for example, acts of parliament, pre- cedents, or documents not previously noticed) a reply strictly con- fined to such matters has been permitted. When the arguments and evidence upon the preamble have been hoard, the room is cleared, and a question is put : " That the preamble has been proved," which is resolved in tho affirmative or the negative, as the case maybe. If the committee decide the foregoing question in the affirmaiive, the parties are called in, and made acquainted with the deciision, and the clauses are then taken up one by one, and dealt with just as in tho case of committees of the whole on public bills. ^ If petitions have been presented against a clause, tho parties will bo heard for and against. Tolls and rates are now in- serted regularly in the bill — the same being indicated by italics as previously stated." - "When any araendraents are made in a bill, or clauses added, they must be signed on the margin with the initials of the chairman's name in accordance with the following rule : " The chairman of the committee sliall sign with his name at length, a printed copy of the bill, on which the amendments are fairly written and shall also sign with the initials of his name, ^ Grand Trunk Arrangements Act (1807-S), App. No. 3. ^ No previous resolution passed in a committee of the whole as to rates, tolls, or penalties, is now necessary under modern practice ; Todd's Private Bill Practice, 88-9. Supra, 587, 598. IN COMMITTEE. 737 igs it* to bo 1. Comtnit- 8 permitted )re8ent dur- 111 unlesH he f, nor to re- ontiro cross- mblo is C'ou- s an opening )unsel for the I not examine •eply ; hut in utroduced by •liamcnt, pre- ,j' strictly con- he arguments I, the room is nblc has been 10 negative, as going question ule acquainted ip one by one, [■ the whole on ii a clause, the tes are now in- [ited by italics 11, or clausos |h the initials Ihe Ibllowiug i,h his name at lendraents are Is of his name, [hole as to rates, I; Todd's Private the several amondmonts matlo and cdauses added in ecmmitteo • and another copy of the bill, witli the amendments written there- on, shall be prepared by tho clerk of the committee, and filed in the private bill office or attached to the report."' (Sen. R. G9, Cora. E. OG.) If the committee decide that the preamble has not been proven, no further proceedings will be had in the com- mittee on the bill, but the fact must be reported to the House in conformity with the following' rule : " When the committee on any private bill report to tiio House that the proaml)le of such bill has nut been proved to their satis- faction, they must also state the grounds upon which they have arrived at such a decision ; ' and no bill so reported upon shall be placed on the orders of the day, unless by ^pecial order of the House." (Sen. E. 68, Com. E. 65.) The committees on private bills have reported against bills on various grounds, as follows : Because no sufficient evidence was offered in favour of the pre- amble.'- Insufficient information or antagonistic evidence.' No proof of the consent of the parties interested.' That the peti- tioners against the measure are as numerous as those in its favour or more numerous.' Tliat there is groat difference of opinion in the locality affected, as to the expediency of the mea- 8ure." That legislative interference is not desirable or neces- sary.' That it would interfere with law suits pending,^ or with existing rights.'' That the powers sought for would not advance • Can. Hans. (1S80), 1GS5, (Mr. Blake); Sen. J. (ISSO-Sl), 211 ; Hans. 621. Can. Com. J. (1885), 244, 258. - Gatien estate, 1857 ; La Banque Jacques Cartier (1878), 99. ■' Onslow survey, 1862. * Lennox and Addington separation, 1860 ; Russell estate, 1865. ^ Stanbridge division, 1866 ; Berlin town limits, 1865. •' Clifton division, 1866. " Quebec stevedores' incorporation, 1861 ; Montreal licensed victuallers, 1865 ; Thunder Bay & Minnesota R. R. Co., 1882 ; St. Lawrence Bridge and Manufacturing Co., 1883. « Peterborough & Port Hope R. R., 1862. ' Etchemin bridge, 1862 ; Clifton suspension bridge, 1858. 4t i!'i;| ■' ■ ( 'i (■■ ii. ,1,.:. \\ ■I'i \% •788 PRIVATE BILLS. : the interests of the locality.' That the bill asked for an (>xtenHioii of the ])owoiM of a certain company to purposes entirely foreign to its original charter.'^ That it contained most unusual pio- visions.' That it was in the ])OWor of the executive govornmont to carry into etlectthe objects contemplated by the bill ; ' or in the ])Ower of the court of chancery to do so/' That the infornui- tion was insufficient as to the possible etlect upon the navigation of a navigable stream and u|)on i)rivate rights." Because it was necessary to give certain bondholders abundant opportunity of considering the ett'oct on their securities of the provisions of a bill." Because the provisions of a general act aflibrdod sufficient facilities to the promoters to obtain the powers asked for, and consequent!}' a special act of ii.corpoi'ation was unnecessary without special reason.'^ Because a bill was inconsistent with the provisions of an act respecting the Canadian Pacific Railway and the contract thereby made and ratified." Because a bill embodied the objectionable principle known as assessment endowment assurance, and also sought to avoid inspection by the insurance department." A committee will sometimes make changes iu the pre- amble, and iu such a case they must also report the fact to the House in conformity with the rule as follows : " The committee to which a private bill is referred, shall report the same to the House in every case; and when any material alteration has been made in the preamble of the bill, such altera- tion, and the reasons for the same, are to be stated in the report." >' (Sen. K. G7, Com. E. 64.) ' St. Lawrence and Bay Chaleurs land and lumber company, 1858. "^ St. Clair and Rondeau plank road company, 1857. ■^ Richelieu Co., 1862. * Bill to vest in certain persons a portion of Church Street, London, 1852-3. 5 Watson's Ayr mill dam, 1856. « Cordwood on River St. Francis, (1877), 245. ^ Canada Southern R. R. Co., (1876), 231. 8 Can. Com. J, (1880-1), 215. » lb. (1885), 258, 317. See mpra, 84, 85. *" Order of Canadian Home Circles, Jul? 6, 1891. " Grand Trunk arrangements (1867-8), App. No. 3 ; Labrador Co. (1873), 252; American Electric Light Co. (1882), 165; Williams Manufacturing Co. (1882), 257; Wesleyan Methodist Society (1883), 176; Banque du Peuple, (1885). 234. AMEXDMl .T.s IX ( OMMITTEK. 739 The committee may sometimt s propose such alteiivtious in a bill that the promoters will ubaiidou it rather than accept the uew provisious. For instance, in the case of the Canadian Mutual Lite Insurance, in 1808, the commit- tee were unwilling to reiommend its passage — the prin- ciple of mutual life insurance being then new to the country — unless the promoters were prepared to provide a guarantee capital with not less than $.')0,000 paid up — a provision which was not accepted l>y the parties in- terested.' By a rule of the two Houses. " It is the ';^^H fIBf ill I ! n Ml 740 rniVATE HILLS. -I ^ 5 % I' ,il:^ \ givi'ii to the same.' The committee htive sometimes, with the eonseut of the partios, made very mutfrial aherations ill a bill, and in all suih eases they will report th(! t'aet to the House. For instance, in 18(58, the committee on mis- cellaneous private bills had under consideration a bill to authorize the Niagara Falls Gas Company to extend its works ior the i)urpose ol' lighting the town olClilton ; and when they found that the company was composed of Americans and could not be re-incorporated in Canada, they so amended the bill as to accomplish the object aimed at through the instrumentality of a Canadian Company. The committee have also frequently struck out certain provisions w^hich have been contained in a public bill before t. e House, so as to leave certain societies, applying for privat ' bills, to the operation of the said bill should it become law.' In other cases, when the committee have considered an amendment of the general law preferable to the passage of certain private bills, they have occasionally made a special report to that ellect, and postponed the consideration of the bills to which it had reference to enable the House to take action in the matter ; ' or they have expunged certain provisions, and recommended an amendment of the general law in these respects. ' It should be always remembered that the amendments made to a private bill by a committee ought not to be so extensive as to constitute a different bill from that which has been read a second time. A committee in the English Commons may not admit clauses or amendments which are not within the order of leave, or which are not authorized by a previous compliance with the standing orders applicable to them, unless the parties have received » May, 861, 862 ; Todd's Private Bills, 91. ^ Can. Com. J. (186 7-S), 212. The committee on standing orders luul previously recommended a suspension of the rule respecting notices, p. 177. ' Building and savings societies (1874), 307, 335. * Mining companies bills, 1854-5 ; Joliette incorporation, 1863. * De Lery gold mining company, 1865 ; Quebec corporation, 1865. IS" C0M.\nTTi:i-:. 741 pi^rmissioii from the Ilousf to introducMMcrtain provisions ill accordaiict' with petitions lor additional provision. If the committee are ol' opinion that such provisions should be inserted, the further oousideralion of the bill will be postpoiii'd, in order to uive the parties time to petition the House for additional provision. When a ])ill comes from a committee with extensive amendments atfeetin^'- private rii^hts and interests, it is the practice now in the Eng-lish House to refer the bill as amiMided to the examiner to inquire whether the amendments involve any infraction of the stand ini? orders. If he reports there is no infra(;tiori, the bill proceeds without interruption; but if he reports there has been an infraction, thi'ii his report together with the bill g"oes to the standing orders committee.' It will be seen from a Canadian precedent on a previous page that an analogous practice has obtained in the House, and in the absence of an examiner a bill has been referred at ouce to the standing orders committtM\- In the session of 1888, some in portant amendments made by the Senate to the Credit Valley llailway bill were referred on its return, in accordance with the rule govern- ing such cases,' to the committee on railways, who very properly made a report, calling attention to the (iict that " no mention of the new provisions w^as contained in the notice, or in the petition for the said bill." The House, however, agreed to the amendments, though a motion was proposed to disagree to them for the reasons, among others, that no notice had been given of any intention to apply to parliament for the legislation contained in the amendments, and that in the absence of petition and notice, it was not expedient to sanction such legislation.' Under English practice such important amendments ' :May, 871 ; 105 E. Com. J. 446, 4S1, 4S5 ; 108 Ih. 557 ; 230 E. Hans. (3) 1679-80. - Supra, 739. ■' Infra, 777. * Can. Com. J. (1883), 317, 325 ; Sen. J. 187. i ' ; ■ i 'f ■; II! 1 1' 742 PRIVATE BILLS. I' ; i ! :- ;i « i ii :! would have beeu submitted to the scrutiuy of the exami- ners aud standing orders committee, and only allowed to pass on their favourable report. There can be no doubt that this practice is in the interest of safe legislation. In case it is deemed inexpedient to proceed with a bill^ a motion may be made to that effect on the question for adopting the preamble, and ^f it should be so decided, the committee will report accordingly.' Sometimes a com- mittee, in cases of doubt, have asked instructions from the House as to the course they should take with reference to the bill before them.- When the committee have found it advisable to alter the title of the bill they will report the fact to the House ; ' aud it will be amended on the motion for the final passage.' It will frequently be necessary for the committee to order that the bill be reprinted, as amended, and this is done at the expense of the promoters.'^ If a committee find that a bill should more properly, or would more conveniently be considered by another com- mittee, they will make a recommendation to that effect, and it will be so referred." If the committee are of opinion that the bill falls under that class which requires the con- sent of the governor-general before it becomes law, they will report the fact to the House ; and the consent will be signified by a privy councillor at a future stage of the proceedings." In the session of 1883,'' the House of Commons passed the following resolution, and made it a standing order, with the view of facilitating the work of the committees on ' Detroit River Bridge^and Tunnel Co., 1809, App. No. 4. ■^ Civil Service Building Society, (1867-8), 60. ^ Can. Com. J. (1874), 240,'262; Jb. (1883), 172, 214 ; lb. (1885), 244. * Infra, 749. ^ Can. Com. J. (1877), 13t3. The bills are invariably reprinted in tbe Imperial Parliament before consideration by the House. " Can. Com. J. (1875), 246, 247. ' Northern R. R. (1871), 135, 160 ; supra, 541. *■ Res. of 20th April ; Hani^. p. 741, (Sir H. Langevin.) HE PORTS. 743 private bills, and preventing, as far as possible, any depar- ture, without the knowledge of the committees, from the principles of +he general acts which may apply to acts of incorporation : " All private billH for acts of incorpcralion t;hall be so framed as to incorporate by reference the clauses of the general acts relating to the details to be provided tor by such bills ; — special grounds shall bo established for any proposed departure from this principle, or for the introduction of other provisions as to such details, and a note shall be appended to the bill indicating the provisions thereof, in which the yenerul act is proposed to be departed from ; — bills which are not framed in accordance with this rule, shall be re-cast by the promoters, and reprinted at their expense, before any committee passes upon the clauses.'^ The proceedings of the committees on private bills should be entered regularly by the clerk in a book kept for that purpose. As a rule, the evidence and proceedings are noc reported in full to the House ; but the committee confine themselves to the giving of the result of their de- liberations. In important cases, however, they have re- ported their proceedings in extenso, and then it is the regular course for the committee to agree to a formal motion that they be so reported.' A select committee may consolidate two bills into one or divide a bill into two, but only on receiving instruc- tions to that effect from the House.- IX. Reports of Committees.— By the rule previously cited * the committee to which a bill may have been referred, " shall report the same to the House in every case " ; and when parties have decided not to go on with their bill, the fact is? reported and an order is made in the House i.i ' First report of railway committee (1867-S) Apj». No. 3; banking and commerce (1869), App. No. 8 ; railways (18G9), App. No. 4. ■^ May, 862. Can. Com. J. (1888), I'M. Supra, 614. ' Supra, 738. :ii'- Ll. w I' 'i ■: ii i ' il 744 PRIVATE BILLS. for its withdrawal.' In case the committee do not report with reference to a bill, the House should take cogiiizance of the matter. " It is the duty of every committee to report to the House the bill that has been committed to them," says the best English authority,^ " and not by long adjournments, or by an informal discon- tinuance of their sittings to withhold irom the House the result of their proceedings. If any attempt of this nature be made to defeat a bill, the House will interfere to prevent it." Sometimes, under such circumstances, a committee will be " ordered to meet " on a certain day, " to proceed with the bill." ' When a committee cannot meet for want of a quorum, the attention of the House may be called to the fact, and its interposition invoked. In such a case, the House will order : That the committee be revived and that leave be given to sit and proceed on a certain day. ' Or the House may order : That the committee have leave to sit and proceed with two or more members, in case there is no likelihood of a quorum.'' In the legislative assembly of Canada. 1863, a member complained to the House that one of the standing committees had not met for some time, and would not assemble for several days to come, and requested that the House would order the com- mittee to meet. The speaker said with respect to this point that " the House could instruct the committee to meet, and it was not necessary that the member who desired the meeting should give notice of amotion ; " and the subject then dropped.*^ In the session of the House of Commons ' Can. Com. J. (1877), 169, &c. ; lb. (1883), 205, 215. lb. (1890) 199, 20S, 269. Sen. J. (1889) 134, 135. Lords' J. (1 >s7^ 103, 109. 104 E. Com. J. 501 ; 131 lb. 372. After the preamble of a bill has been proved, the pro- moters have abandoned the bill, rather than consent to the introduction of a clause insisted upon by the committee. ^lay, 869. '' May, 869. 8 80E. C ;n. J. 474; 91 76.195. ♦ 105 lb. )1. » 128 lb. i33. Speak. D. p. 70. I .- COMMITTEE OF THE WHOLE. 745 of 187*7, a bill respectiug the Albert Railway Company came up from the Senate with amendments and was referred to the committee on railways in accordance with the rules in such cases.' As it was then near the end of the session, there was a difficulty in obtaining a quorum of the committee, and the bill was not reported. The member in charge of the bill moved that the order of reference be discharged, and that the amendments made by the Senate to the bill be considered. The speaker decided that no notice was required of such a motion ; and the bill was then taken up, and its further considera- tion deferred for three months — several members having strong objections to its passage.- Bills have also been referred back for reconsideration.' Towards the end of the session, or in case of the pro- ceedings of the House being interrupted by adjournments over holidays, the time for receiving reports on private bills is frequently extended on motion ; but the more regular course is for a committee to make a formal recom- mendation in the first place.' The time is, as a rule, practically extended to the <^nd of the session;' for the House will give every opportunity to their committees to consider fully the details of bills submitted to them. The object of the rules with reference to the presentation of petitions and bills is to force outsivle parties to apply for legislation at the earliest possible time after the assembling of f arliameut. X. Committee of the Whole.— In the Senate, private bills are not considered in committee of the w^hole— their prac- tice in this respect being similar to that of the English Houses — but when a select committee reports a bill with ' Infra, 111. ^ Can. Com. J. (1877), 343, 350; Can. Hans. April 27, 1877. ■' Can. Com. J. (1880), 252, 265 ; Ih. (1887), 150; //» (ISSS), 209, 210. * 76. (1877), 38, 42, 44, 198, 237 ; Sen. .T. (1882), M :. •' Can. Com. J. (1879), 155: lb. (1883), 1^14, 235, 249, 2S2. !( !' '■' I, M \ t I V rr-^ 1-iiJ PRIVA TE BILLS. I :: ii' araendmeuts, these are considered as if they came from committee of the whole, and when they have been agreed to the bill is appointed for a third reading.^ On considera- tion of a bill as amended, it may be further amended as in case of a bill reported from committee of the whole.^ When a bill is reported without amendment, it is usually read a third time and passed forthwith.' "When a bill is reported to the House of Commons, with or without amendments, it is ordered by rule 65 to be " placed upon the orders of the day following the recep- tion of the report, for consideration in committee of the whole, in its proper order, next after bills referred to a committee of the whole." ' Towards the end of the ses- sion, it is not uuiToual to place bills reported from select committees immediately on the orders of the same day, but this can be done only by general assent."' Whenever a.committee reports unfavourably on the pre- amble of a bill, it has no place on the order paper in either house." Of course it is always open to the House to refer a bill back to a committee for further consideration, especially if the reasons given for not proceeding with it appear insufficient to the House.^ Or the House may give instructions to the committee to strike out certain provi- sions and report the same as amended.'' ' Sen. J. (1878), 213-14; Ih. (1883), 210, 222, &c. When the report of the committee has been received, it is moved and agreed that the £.-.iend- ments be taken into consideration, generally on another day. - Ih. (1876), 190, 193, 197 ; lb. (1877), 141. ^ lb. (1883), 140, 145, 179, &c. * Can. Com. J. (1877), 188 ; lb. (1879), 344. The practice of the Senate is different, as shown above. 5 lb. (1887), 289. « Supra, 737. ' 91 E. Com. J. (S. W. Durham R. R.), 396 ; 116 lb. Midland & Denbigh Junction R. R.), 2S5 ; 129 lb. (Midland & N. E. R. R.), 217, 225; Peter- borough & Port Hope R. R., 1862, Can Leg. Ass. Can. Com. J. (1885), 244, 258. In this case the committee gave no reasons in their first report, but subsecjuently on reconsideration they stated why the preamble was not proven to their satisfaction. Attention was called to the error of the committee on n'oving reconsideration. Plans., 71:?. •* Richelieu Co., 1862 ; 129 E. Com. J. (Bolton Le Sands, &c.),174. COMMITTEE OF THE WHOLE. 747 It has beeu decided in the English Commons : " When a committee have resolved that the preamble of a pri- vate bill has not been pi-oved, and ordered the chairman to report, it is not competent for them to reconsider and reverse their deci- sion, but that the bill should be re-committed for that purpose." ' Bat it will be only in a very exceptional case that the House will depart from the general principle that guides them in the consideration of private bills, and that is of in- terfering as little as possible with the decision of a commit- tee which has had abundant opportunity of considering the whole question. It is very rarely that the committee of the w^hole on a private bill will interfere with the bill as it comes from a select committee.- The bill, as amended in a select committee, is not reported from committee of the whole with amendments ; uhat is only done when it is actually amended in committee of the whole,' or when the bill has come from the Senate, as, in the latter case, it is necessary to send the am.Gndments for concurrence to the upper chamber.' Such amendments must be read a second time and concurred in, as in the case of public bills.' But the right of a committee of the w^hole to make any important amendment is limited by the following rule : " No important amendment may be propof»ed to any private bill, in a committee of the whole House, or at the third reading' of the bill, unless one day's notice of the same shall have been given."" (Sen. E. 70; Com. R. 67.) It is the correct course, in all cases where it is necessary to make material amendments, to refer the bill back to the select committee, to which it had been previously sent, ' May, 862-3; Shrewsbury & Welchpool R. R. bill, 1858. ■' Todd's Private Bill P., 101-3. ■' Can. Com. J. (1877), Springhill & Parrsborough R. R., 122. * Jb. (1878), Fishwick's Express Co., 160. ^ Supra, 623. « V. & P. (1878), 160, 178 ; Sen. Deb. (1878), 460. \l I ,i: i 3i hi • ; it'i •748 PRIVATE BILLS. instead of consideriug the proposed changes ia committee of the whole.' In the chapter ou public bills, the rules in committees of the whole and on the third reading are fully explained, and as these apply to private bills — except where there is a standing order on any particular point, — it is not neces- sary to recapitulate them here. But there is one point to which reference may be made, and that is, in case it is necessary to make certain provisions in a private bill affecting the public revenues or expendituies, those provi- sions must be first introduced in the shape of resolutions with the consent of the government, and when these have been passed in committee of the whole and agreed to by the House, they must be referred to the committee of the whole on the bill.- XI. Third Reading.— On the third reading in the Commons no amendment may be made except of a verbal nature ; and if it is wished to make any material change the bill must be referred back to committee of the whole. Under the rule previously cit-^d, a day's notice must be given of any important amendment at this stage.' A bill may, however, be amended in the Senate on the third reading after notice.' In accordance with English practice, the consent of the governor-general may now be signified in the case of a bill aifecting the interests of the crown ; but in the Canadian Commons this consent is given most fre- quently at the second reading.' The member in charge of the bill will move : " That the bill be now read a third ' Can. Com. J. (1877), 149, 178 (Springhill and Parrsborough, and Picker- ing harbour bills). ^ Leg. Ass. J. 18(56 ; Com. J. 1S67-8 ; Canada Vine Growers' Association. In tills case parliament extended the period mentioned in an act of the old legislature of Canada, exempting tlie association from excise and other duties. See svpra, 694, ^ Supra, 747. * Sen. .J. (1882). 277 ; lb. (1883), 205. See ^vpra, 626. ^ Supra, 541. THIRD READING. 749 time " ; and when that mo+^'^n has boen agreed to, the final motion will be made. " That the bill do pass, and that the title be, etc." ; and now is the usual time to amend the title.' Sometimes on the motion for the third reading a bill will be again referred to a solect committee for the purpose of further considering it.' It sometimes happens at the very end of the session that there may be urgent necessity to pass a private bill through all its stages, without reference to the usual com- mittees, and in such a case the first motion must be to suspend the rules — the House being only ready to ac- quiesce when the circumstances are such as to justify such a procedure, and there no time for consideration in the proper standing committee.' ' Can. Com. J. (187G), 217. - Soringhill & Parrsborough Co. ; Can. Hans. (1S77), 81o-4. The ground Avas taken that the allegation made in this bill, that the work was for the general advantage of Canada, was not strictly true. ' P. E. Island Bank, Com. Jour. (1882), 06 ; Hans. 72. Ontario Bank, 18S2, Votes and Proceedings, 573. Son. J. (188:]), 270 (Railway Trust and Construction bill); Sen. Deb., 595. Als;o Can. Com. J. (1SS7), 209; lb. (1888), 2C4. j h I: v- \' n i^fir I! j I; CHAPTER XXI. PRIVATE BILLS.— Covdudid. I. Divorce Bills in the Senate. — II. Rnles and Practice in the Senate — Notice of Application — Service of Notice — Deposit of Bill and Fees — Presentation of Petition — Statutory J )eclaration8 — Meeting of C'om- naittee — Examination of Notice, Petition, Bill, and other Papers — Presentation and adoption of Committee's Report — Presentation of Bill — Second Reading of Bill — Proceedings before Committee after Second Reading — Report of the Committee— Third Reading of Bill. — III. Divorce Bills in the House of Commons- — IV. Private Bills in the Senate imposing rates and tolls. — V. Bills not based on Petitions.— VI. Amendments made by either House. I. Divorce Bills in the Senate.— The legislatures of the old provinces of Canada from 1839 to 1867, exercised the power of legislating upon applications for i^iivorces,' but all bills were reserved for her Majesty's approval, in conformity with the instructions issued to the several governors- general." By the British North America Act of 186*7, the subject of marriage and divorce is placed under the exclusive jurisdiction of the parliament of Canada,* but, while that body has, in the due exercise of its legal authority, passed a number of bills nullifying marriage in numerous cases, the law courts of several provinces 1 The first case in Canada was that of John Stuart, 1839. Only four other applications were granted from 1840 to 1867. Harris, 1845 ; Beres- ford, 1853; McLean, 1859; Benning, 1864. For the history of these cases see the Treatise on Divorce by J. A. Gemmill, Esq., barrister, a work of much value, to which frequent reference is made in the following pages. ■' Supra, 648. =' Sec 91, sub-8. 26. al provinces DB'ORCE BILLS. Hf 751 continue to exercise the power they possessed previous to confederation, by virtue of provincial statutes, of atlording persons relief in matters of luarriaj^e and divorce. These provinces are Nova Scotia,' New Brunswick.- and Prince Edw^ard Island,' while in the case of British Columbia, which entered the Union in 1871, the supreme court of that province has held that it possesses all the jurisdiction conferred on the court of divorce and matrimonial causes in England.' Accordingly, as the law now stands, the parliament of Canada exercises it power to dissolve mar- riage in the provinces of Quebec and Ontario, Manitoba and the Northw^est Territories. The provincial courts of law and equity of Ontario, however, have jurisdiction to deal with the validity of a marriage contract on the ground of its being a civil contract, and incases of fraud, mistake, duress and lunacy, and possibly, want of age, it may be declared void.'' The courts of the Northwest Territories and of Manitoba, appear to have the same powers in similar cases, though they have never been exercised so far." In Quebec, while the civil code declares marriage indissoluble, the courts may order a separation of husband and wife — separation de corps — but such separa- tion can be allowed only for adultery or ill-usage, or for other specific causes, and not by the mutual consent of the parties themselves. The courts have also juris- diction to annul a marriage where there is no consent, or the parties are w^ithin certain prohibited degrees, and in other cases very limited, in a country where the Roman Catholic Church declares marriage a sacrament, and the law merely gives civil effect to a religious ceremony 1 See B. N. A. Act, 1867, ss. 129, 146. Appendix A to to Rev, Stat, of N. S. 5th ser., c. 126, as amended by c. 13, 1866, and c. 22, 1870. •^ Cons. Stat, of N. B., c. 50. ' 5 Wm. IV. (1836), c. 10 ; 29 Vict., (P.E.I.) (1866), c. 11 ; Gemmill, 36, 37. ♦ lb. 37-39. "> lb. 39. « lb. 42, 43. I ' i\ fit I m f ' 1 ii'i: t. N- !, :! !■ fr^ ! . ! i ' i V' %\ ! 752 PRIVATE BILLS. validly oolobratod by regularly ordained ministers author- ized to keep marriage registers.' From 1867 to 18(«1 inclusive, the parliament ofCauada has exercised the powers assigned to it in express terms by the fundamental law in thirty-six cases/ In the exercise of its legal powers, one branch of the general legislature, the Senate, has generally ' acted on certain well defined ' See Code Civil (de Bellefenille'.s Ed.), iirts. 115-127; ISO etseq.; lull et seq. (Separation de biens). - Tlip following; is a list of tlio divorce bills passed from 1S67 to 188S 'mlusivo, before the new rules {hifra, 75()) came into operation. Tliecas.?s since ISSS, come under the now rules and are there lited by way of pre- cedeni : J. F- Wliiteines, lSf)7 ; J. II. Stevenson, ISHi) ; J. R. Martin, 1S7,'. ; H. W. Peter.son, 1875; :\Iary J. Bates, 1877; Walter Scott, 1S77; M. J. H. Holliwell, ls77;Hu^'li Hunter, 1S78; Victoria E. Lyon, 1878; G. F. Johnston, 1878; Eliza M. Camjjbell, 187U; John Graham, 1884; Fairy E. J. Terry, LsS5; A. E Davis, 18S5; G. L. E. Ilatzlield, ls85; Alice E.Evans, 18S5; G. E. Cox, 18>s5 ; Flora Birrell, 1880; Susan Ash, 1887; W. A. Lavell, 1887; John Monteith, 18S7; M. Louise Noel, 1887; Fanny L. Riddell, 1887 ; A. M. Irvinjr, 1888 ; Catherine Morrison, 18.s8 ; Eleonora T. Hart, 1888. During the same period a number of applications were rejected; G.W.Jones, 1SG9, petition and preamble not proven; J. 11. Martin, 1870, iireamble not proven; Ilnd, in 1872, received three months lioist in the Commons, but passed in the following year. R.Campbell, 1870, preamble not proven, and respondent eventually granted relief. This case of relief though given in tlie list of divorces was strictly one equivalent to a stpuntlion de corps, or a rnmsd it thoro. M. Gardner, 1882, bill abandoned subsequent to a demand for further evidence ; P. Nichol- son, 1883, preamble not })roven ; Charles Smith, 1885; collusion, conni. vance, and consent reported : Mary jNI. AVhite, preamble not proven ; W. H. Middleton's case in 1888, was postponed until 1889, wiien tlie peti- tioner obtained his bill. '' No one who refers to the famous Campbell case, from its beginning in 1870 to its close in 1879, but must come to the conclusion that the Senate, primarily responsible for the form which the legislation eventually assumed, departed from the sound principles on which it hiiS generally acted in matters of divorce. AVhile no question need here be raised as to the justice of the relief afforded to one party in the pre'nises, the Senate established a precedent doubtful in its character, and not likely to be cited as authoritative in the future. Briefly stated, a Mr. Robert Camj)- bell made an application in 1876, for a bill of divorce from his wife on the alleged ground of adultery. The wife met the charge by an adverse petition on the ground of desertion and cruelty. Previously, however, ters author- t of Canada press terms the exercise legislature, rell defined (0 et seq. ; 1311 m 1.^07 to 188.S tlion. The cat>.;s by way of pre- {.Martin, 1S7.'; Scott, 1S77; ]M. E. Lyon, 1878 ; Uraluim, 1SS4; ieia, isSo; Ali'je usau Ash, 1887; el, 1S87; Fanny J l.ss.S; Eleonora pplicationa were :)t proven; J. K. id three months R. Campheh, j.'rantod rehef. vas strictly one . Cjardner, 18S_', lence; P.Michol- coUusion, conni. ^lot proven ; W. , when the peti- lits beginning in I that the Senate, Ition eventually lit hi. 3 generally le be raised as to kises, the Senate tot likely to be t. Robert Cami)- ^om his wife on by an adverse tously, however. DIVORCE BILLS. 753 principles. Applications for divorce have bei'U based upon a specilic charge, and the Tacts necessary to support that charge established by satisfactory evidence. Divorce has been substantially recognized as a matter involving the happiness and morality of society, and consequently to be treated in the spirit of the judge and moralist. If errors hav^. occurred in the discharge of such onerous and deli- cate functions, they are those inseparable from a legisla- tive body not sufficiently controlled by legal rules and judicial responsibility. As a principle, divorce has been recognized as a moral and legal consequence of adultery and such other causes, which, by the general sam^tion of law, nullify marriage.' The Senate has never admitted that it should accept the decree of an American court as effectually dissolving a marriage and binding the Cana- dian parliament in its action upon a particular case be- fore it. On the contrary, it has been laid down by emi- nent authorities in that body, and parliament by its action has admitted the truth of the doctrine,- that as the parliament of Canada has not yet recognized the power of any court to deal with the subject of divorce, there is Mr. Campbell had recovered a verdict of $1,500 against one Gordon, in the court of ver bound ilhoritativo has exi'V- cumstances ed thi' right , and has in recently n'- ill Euslaiiountry would permit, the proredure of the House of Lords in Enslaud. In all unprovided cases, the rules and usages of that body have guided the S>'nate.' Until 1888, however, the Canadian system of procedure was exceedingly defective in essential respects. It provided no sufTicient checks against imposition or means for th:it thorough examination into the facts of cases which should be always subject to close judicial inquiry. The duty of investigation was divided between the Senate itself and a committee chosen to examine into the facts of each pai- tit'ular ion (>f i)ai'liam<.'nt a committee of nine sena- tors shall bo appointed by the Senate to be tailed "The Select Committee on Divorce,'" to whom shall be refei'red all petitions and bills lor tlivorce, and all matters arisini:; out of such petitions and bills, and no reterence to anv committee other than the said committee shall be neeessary with respect to such petitions, bills and matters. " The committee, unless it be otherwise ordered by the Senate, shall meet on the next sitting day after their appointment ami choose their chairman, and tivc ot' the ^enators on sueh commit- tee shall constitute a (j^uorum, "All questions befoi-e the committee shall be decided by the majority of voices, including the voice of the chairman who shall have no casting vote." Rules aiul Practice. The nature and operation of the now system of proce- dure can bo best understood bv followinu" it throuah its various stages, from the publication of the application for a divorce until the bill itself has passed the Senate.' ' The eommittee was originally composed on the principle not only of choosiniT men bolieved to be ospeci.ally qualilied for such inquiries into law and fact, but also of giving: every province a representation thereon. But already it has been shown that it is not always practicable to adhere to this novel idea of provincial representation in proceedings of a quasi-judicial character. Case of ^Ir. Kaulback of Nova Scotia, appointed in 1S89, in place of 'Sir. Ilaythorne of Prince Edward Island, who declined and consei]Uontly left his province unrepresented. Sen. Deb., 41-4o. - The new rules are ilistinguished by lettering (A. B. etc.) and the same distinction is followed in this summary of procedure. •' Sen. J. (18S9), 27; //'. (1890), 14. * The following is a list of the divorce cases in 1880, 1890 and 1891, under the new rules: In 1889, Bagwell, Lowry, Rosamond, ^liddleton, and Wand; in 1890, Clapp, Glover, Keefer, and Walker ; of these Bagwell, Lowry, Middleton, Glover, Keefer and Wand obtained bills, and the Rosamond case was withdrawn. The Senate rejected Clapp's applica- idos as fol- vhose runc- oxplaiuod 1 of nine sonrt- <'The Select il all petitions jiu'h petitions her than the uch petitions, Liy the Senate, (ointntent and I such commit- aeoitled by the •man ^vhol^haU om of pvooo- t through its application the Senate.' jioiplo not only of •h inquiries into bntation thereon, ftioablo to adhere Irooeedinjis of :i Isootia, appointed Ind, who declined Peb., 41-43. ic.) and the aanie landlSm,innlor Middleton, und If these Bagwell, ll bills, and the I Clapps appliea- DIVORCE BILLS. 1b1 In doing this it will be ueo» ssary to take up the rules of the Senate, not in th»nr printed order, hut rather with regard to the regular course of proceeding in a divorce case. Nolice of Applicafion. As in the case of all private bills, an appli.>ant for divorce must give notice of the proposed application to parliament, in accordance with the following rule : l-'verv applicant for a bill of liivoioe >hall i;ivo notice o( D. liis or her intended ajiplicatioii, and shall s])ecify therein from whom and tor what cause such divorce is soui^ht, and shall rause such notice to be publi>hed duriny- six months before the pre- sentation of his or her ]ictition lor the >aid bill in the Canada Ciazctft d pul) ISllOil the di district m tjue- bcc. Manitoba. British Columbia or the NoiUnvost Territories, or in the county or union of counties in olbor ]^rovinecs wherein such applieant usually resided at the time of the separation of the parties; but if the rcipiisite number of papers cannot be found therein, then in an adjoining district, or t'ounty, or union of counties. Notices given in the ]ir»ninces ot' Quebec and Manitoba are to be ]ntl>li>hed in one Knglish and one French nows]ia]ier, if thoic be such newspapers jmblislied in the district, but otherwise shall be published in each newsjiaper in both lan- guages. The notice mj^y be in the subjoined form. It' a notice given for any session of jiarliament is not comjdeted in time to allow the jietilion to bo dealt with during the session, thepetiti()n may bo pr.'sented and de.ilt with during the next ensuing session, without any t'urther publication of such luMice.'" The Senate has also provided a form for this notice,' whii'h should be as ch»ar and comprehensive as possible, since its object is to advise all parties concerned of the nature and scope of the application. A notice once a week in the Canada Gazette and also in the local news- tion on the question of the adoption of the committee rejwrt, and Emily Walker's bill was negatived in the Commons. In 1S91, Kussworm, Ellis, Bristow I's: Ta]>ley. ' See A pp. N., Form A. I I ] I: •758 PRIVATE B I LL,<: papers will be deemod sufficient, but these notices must be identical and differ in no respect.' It is advisable that copies of the newspapers containing the notices should be forwarded by the solicitor or agent of the applicant to the clerks of the two Houses, for the information of the clerk of the committees by whom ihe notices are considered under the rules. Service of Notice. The notice having been thus duly advertised, the next proceeding is to give information, under the following •ule, to the person whose rights are affected by the pro- posed application. The respondent ohould be served, personally when practicable, with a copy of the notice ; but if such personal service cannot be effected, the rules provide for a legal declaration, as will be shown later. E. " A copy of the ?aid notice shall, not less than one month before the date of the presentation of the petition, at the instance of the applicant, be served personall}' on the person from whom the divorce is sought, Avhen that can ho done. If the residence of such person is not known, or personal service cannot be ef- fected, then if, on tli. report of the committee, as hereinafter provided for, it be shown to the satisfaction of the Senate that all reasonable efforts have been made to effect personal service, and, if unsuccessful, to bring such notice to the knowledge of the person from whom the divorce is sought, what has been done may be deemed and taken as sufficient service." - ' Gemmill, 84. "^ In 1882, two affidavits were presented ; one to show that the notice had been served on the respondent a year before, on the occasion of the tirst proposed application to parliament, which was not proceeded with. Otlier attempts to serve the notice, prior to the second application in 1882, failed. Tliese facts being sot forth, the Senate agreed that all reasonable efibrts had been made to effect the service. Jour. 50-51; Deb. 30, 31. In Cox's case, 1885, the Senate accepted a declaration producing a telegram from the respondent's attorney in California admitting that lie had received notice of the application. Jour. 55-7. In this case the Senate was very particular in liemanding a strict adherence to the rule requir- DIVORCE BILLS. Deposit of Bill and Fees. •759 "We come now to consider the various steps necessary to take in parliament after the rules with respect to notice have been rigidly followed. Before presenting a petition, a copy of the proposed bill of divorce i lUSt be deposited in the Senate and certain fees paid, in conformity with the following rule : H. " The applicant shall deposit with the clerk of the Senate, eight days before the opening of parliament, ji copy in the Eng- lish or French language of the proposed bill of divorce, and therewith a sum suflScient to pay for tran!>lating and printing 600 copies thereof in English and 200 copies in French. The translation shall be made by the Iranslatoi's of the Senate, and the printing shall be done by the contractor. "No petition for a bill of divorce shall bo presented unless the applicant has paid into the hands of the clerk of the Senate the sum of two hundred dollars (S200), towards expenses which may be incurred during the progress of the bill, and the said sum shall be subject to the order of the Senate." ' ing notice. Sen. Deb. 49. The declarations in the Ash case, in 18S7, show the ineffectual attempts to find respondent and the services upon his relatives. lb. 30 ; Gemmill 87. In tlie Tudor-Hart case, LSSS, tiie pub- lication in the Canada Guzdk, though complete in the end, was not simultaneous with that in the local papers, but the queen's printer made a declaration that the error had been on his part, and as the personal ser- vice of the notice had been duly made on the respondent, the Senate con- cluded that the publication was sufllcient. Deb. 1G7 it mj. ' With respect to certificate of payment of fee, see mf)'a, 761. In case of the povei'ty of tlie respondent, a petition may be presented to the Hoiise, praying that the applicant for divorce may be ordered to supply the respondent with means to maintain a just defence. This petition sliould be forthwitli referred to the committee on the bill, and when they liave made the proper inquiry into the subject, they will report to the House a recommendation, if necessary, that a certain sum be allowed to the party seeking assistance. In 1883, the committee on the Nichol- son divorce bill recommended— and the House agreed — that the hus- band, who was the petitioner, should allow his wife, on her petition, a certain sum as counsel's fee, and also pay so much for her daily expenses of living at Ottawa. Sen. J. (1S83), 95, 99, 105; Hans. 121-4. In 1882, the committee in the Gardiner also ordered that the husband pay the m Hi ! ; I 1 \'-- .11 I'l hi I 11 ;• I 'iii 160 PRIVATE BfLL.'<. Presentation of Petition. The three following rules are laid down with respect to petitions of this class, and a form has been provided for the guidance of applicants.' The grounds for the application should be clearly and succinctly set forth, in accordance with the exact terms of the published notice, and the preamble of the bill itself. The rules and usage of the Senate with respect to petitions generally apply also to these petitions, in cases where there is no specific rule or order or practice made applicable to thera.- F. " No petition of divorce shall be received after the tirst thirty- days of each se-ssioii. Gr. " The ])etition of an applionnt for divorce must be ftiirly written and must bo signed by the petitioner,' and should briefly set forth the marriage, when, where, and by whom the ceremony was performed, the grounds on which relief is asked, and the nature of the relief ])rayed, and should also negative condonation, collusion and connivance. The allegations of the petition must be verified by declaration of the petitioner under the ^ act res- pecting extra-judicial oaths.' " I. " The petition, when presented, shall bo accompanied by the evidence of the jniblication of the notice as req[uired b}' rule I)., and by declaration in evidence of tho service of a copy thereof counsel fees of lesjiondent, on a petition having been jiresented and re- ferred lo them. Sen. J. 96, 132, 150, 154. This is in accordance with tlio Lords' practice (-Sen. Dickey, Hans., 18S2, p. 200; in cases of the poverty of the parties. See case of Catherine Morrison, Sen. .T. (1888), 73, OS- Also Wiiite ca-e, Sen. Deb. (1SS8), 717 ; Jour. 209. In the Cainpl)ell case, 1876, Mrs. Campbell was allowed counsel fees and witnesses' expen.ses, to be paid by Mr. Campbell, petitioner. See Gemtnill, 16S. In 1S7D she was allowed to proceed in forma pdupcns. .Tour. 8(5, 91. Foes have also been remitted in the Commons on account of tlie inability of the pro- moter of a divorce bill to pay them, 105 E. Com. ,1.. 563. In the Eosa- mond ease, 188!», respondent was refused counsel fees as she was known to have moans of her own. ' See Apj). N., form C. * Supra, chap. viii. ■' Time extended, June 1, 1891, on Committee's report. * For rules governing generally signing of petitions, see supra, 320. A solicitor or counsel cannot sign on behalf of petitioner. DIVORCE BILLS. IQI as provided by rule E., and by a copy of the proposed bill. The petition, notice, and evidouce of publication and service, the pro- posed bill, and all papers connected therewith, sha. thereupon stand as referred, without special order to that effect, to ' the select committee on divorce.' " A senator must present a petitioi. in his place, and should be provided witn all papers and information necessary to facilitate the proceedings in the Senate. Not only should he see that the rule is complied vrith as above, but he should also present the clerk's certificate of receipt of fee as prescribed by rule XL, before submitting the petition.' One day must intervene between presenta- tion and reading of a petition,- which then goes as a matter of course (without special reference) to the com- mittee. Statutory Declarations. The following rule is laid doAvn for declarations in divorce suits : — U. "Declarations allowed or required in proof may be made under the act of the jjarliument of Canada entitled: An A'H respecting extra-judicial oaths, l^efore any judge, justice of the peace, public notary, or other functionary authorized by law to adminis- ter an oath.'' ' Sen. J. (18P0), 21 ; //-. isgi, May 4th. In 1889 tliere is no entry in the journals of such certificate before presentation of petition. Before 1SS9, and the adoption of the new practice, it was usual to enter the clerk's certificate on the journals immediately after the presentation of the peti- tion. /6. (1877), 36, 4o: i''. (1SS3), 3S, i^cc. But the practice is variable. 26. 1801, June 4. ^ Sen. Deb. (1890), 33, 34; especially remarks of :Mr. Miller, formerly speaker, 35. Sen. J. (1890), 21, 22, 25. ■' Rev. Stat, of Can., c. 141. The schedule of the act makes provision for the following declaration. "I do (solemnly declare that (here follows declaration of facts), and I make this solemn declaration conscientiously believing the same to be true and in virtue of the ' act refpeding extra-judicial oathf.'' " See a debate in the Senate of 1883, (Deb. 58-60), when attention was directed to the irregularity that had prevailed for sometime in accepting an athdavit sworn before a commissioner for taking atUdavits in the high court of justice of Ontario, as proof of the ' i. . ) \ 162 PRIVATE BILLS. ! i M' Meeting of Committee. Here we may conveuiently go back and cite the follow- ing order regulating the meetingof the committee which as already explained, is duly appointed at the commence- ment of the session : — B. " Notice of the day, hour and place, of every sitting of the said committee shall be given by affixing the same in the lobby of the Senate not later than the afternoon of the day before the time appointed for such sitting. "One of the official reporters of the Senate, when notified by the chairman, shall be in attendance at the sittings of the said committee, and shall take down in shorthand, and aftevwra'da extend the evidence of witnesses examined before the committee, and cause the same to be printed." ' ! Examination of Notice., Petition, Bill and other Papers. The committee here commence to discharge an im- portant part of their functions — the stage preliminary to all subsequent proceedings . — J. " It shall be the duty of the committee to examine the notice of application to parliament, the petition, the proposed bill, the evidence of publication and of the service of a copy of said notice, and all other papers referred therewith, and if the said notice, petition and proposed bill, are found regular and sufficient, and due proof has been made of the publication and service of the said notice, the committee shall report the same to the Senate.'- " If any proof is found by the committee to bo defective the petitioner may supplement the same by statutory declarcition to be laid before the committee. service of notice on the person whose rights were affected by tlie proceed- injzs in the Senate. Such an affidavit was only evidence in a proceeding before the 'nigh court. See Patterson J. A., Reginai'^ Monnk, Armour on Titles, 1887, p. 95. ' The reporters are sworn ; mfra, 76G. ■' Sen. J. (1889), 31, 32, 33, 34 ; lb. (1890), 29, 31, 32. id other Papers. DIVORCE BILLS. 763 " The committee muy, if the circumstances of the case scorn to require it, recommend a particular mode of service of a copy of the bill upon the party from whom the divorce is sought, before the second reading of the bill." ' The committee must compare the notice, petition and bill to see that they are thoroughly consistent with one another, and also examine into the sufficiency oi' the publication, on which rests the validity of all proceedings. Every possible care must be taken to prove the personal identity of the respondent, in case a question is raised in the course of the proceedings. It will be seen that the rules provide for supplementing any defective proof. In case the committee find that the petition is irregular, on the ground that it does not negative condonation, collusion or connivance between the parties, they may recommend that leave be granted to withdraw the petition and pre- sent another." Presentation and Adoption of Committee' s Report- tion of Bill. -Presenta- The report of the committee must be presented and formally adopted by the Senate. Then the Senator in charge of the formal proceedings in the House may intro- duce the bill under the following rule : K. " Upon the adoption of the report of the committee, the bill may be introduced and read a first time." ' ' In the Middleton case, 1889, the committee recommended service of bill and notice of its second reading on counsel of respondent as the cir- umstances of the case see.ned to require it, Jour. 31. In the Rosamond case, 1889, for the same reason, service was to be effected on counsel in Toronto and Ottawa. Jour. 32. In the Bagwell case, 18S9, for the same reason, the bill and notice were to be mailed by registered letter, post paid, to respondent, in the state of Alabama, and service was to be effected on the daughter of the petitioner at London, Ontario, who had been in correspondence with the respondent. Jour. 33, 34. ^ Emily Walker case, 1890 ; Jour. 32, 40. The original deposit of the fee is made applicable to the new petition in such a case. Ih. 32. " Sen. J. (1889), 34, 35 ; Ik (1890), 29, 32. I! I H ! i . 1 i I' m I' \ I i ^764 I'RIVATE BILLS. As in all proceedings connected with divorce, care must be taken to have the bill consistent in every par- ticular with the notice and the petition. The bill, like all other private bills, has a preamble, sotting forth in definite terms the facts and circumstances on which the bill is based. Until 1891 it contained three clauses, the first of which declared the marriage dissolved, and then- ceforth null and void, the second left the petitioner free to contract a new marriage thereafter, and the third le- galized the rights of all issue of any second marriage. But in 1891 the House of Commons struck out the third clause from the four divorce bills that came from the Senate on the ground that it was merely declaratory and had no legal effect — the two previous clauses being suf- ficient to maintain the offspring of any second marriage in their legitimate rights. Other provisions of relief or justice to the parties in the case may be added in a bill according to the discretion of the Senate. Second Reading of the Bill. It is then the duty of the clerk of the committee to fill up the notice of the second reading under the follow- ing rule, to procure the signature thereto of the clerk of the Senate, and to affix it to the door of that House. But before the second reading can take place, it will be necessary for the committee to enquire into and report on the service of the aforesaid notice and a copy of a bill, so that the respondent may have full information of all pro- ceedings and be enabled to make such defence or answer as he or she may deem expedient : L. " The second reading of a bill of divorce shall not take place till after fourteen days from the adojjtion of the report of the committee, and a notice of the second reading shall be affixed to the door of the Senate during that period. A copy of 1 See Gemmill, 90-98. DIVORCE BILLS. 765 Buch notice ami of the l.ill blmll, at tlio instance of the petitioner, be served iiersonally, if practicable, on the party from whom tlie divorce is sought, or served in such other manner as may have been presci-ibed on report of the committee, and proof of such service shall be adduced before the committee, who shall report thereon to the Senate.' Upon the adoption of the report of the committee as to thu sulHciency of such service, the bill may be read a second time." It will be seen that the Senate attach every importance to the requirement that the service iu this matter, as in the case of the notice, be personal whenever legally prac- ticable. It is advisable also that evidence be ready, in case it is required, of the identity of the person served at one and same time wath the bill and notice. The com- mittee generally report on the sufficiency of service a day or two before the time fixed for the second reading. The report must be adopted and the certificate of the clerk of the Senate presented to show that the notice was duly affixed to the door of the chamber for fourteen days.- All essential preliminaries of this kind having been duly carried out, the bill may be formally read a second time and referred, on motions duly made by the senator in charge.* Proceedings before the Committee after Second Rending. So far all proceedings have been preparatory to the trial of the case. All parties immediately interested in the matter having been duly notified of the application and of the various stages so far in the proceeding, have now to appear for the prosecution and defence, if there be any, of the suit before the committee, to which the Senate has delegated certain judicial functions absolutely essential to the elimination of the true facts and the find- ' Sen. J. (18S0), 66 ; lb. (IPDO), 57. ■' lb. (1889), 76, 77, 78 ; Jb- (1890), 61. » lb. (1889), 76, 77, 78 ; Ih. (1890), 60, 61. Ml P'' i'W. : '» ■!.| 16Q PRIVATE BILLS. ing of a sound and just judgmeut in the promises. Both petitioner and respondent may be and are necessarily represented by counsel,' in what is at this stage a largely legal proceeding. The petitioner can appear, if required, to answer questions with respect to connivance or col- lusion. The rules of evidence, followed as closely as practicable, are those which are of general application throughout the Uominion ; that is to say, the principles of evidence that obtain in criminal trials.- Orders are given for the attendance of witnesses and the production of papers shown to be necessary to the inquiry. Sum- monses for this purpose are signed by the speaker of the Senate and are served generally by a person duly author- ized under the hand of the gentleman usher of the black rod. The witnesses give their testimony under oath or affirmation.' The reporters are also sworn to take down the evidence faith full3^' The necessary oaths may be administered by any member of the committee ' Witnesses are entitled to fees for their time and expenses on the basis of those allowed in courts of law, and fixed by the chairman of the committee." In case a witness refuses to obey the order of the committee, application must be made in proper form to the Senate itself, which will take the steps necessary in all such cases.' ' Who slioukl apjMjar robed as in any court of law. - Remarks of Senator Gowan, Sen. Deb. (1888), 67. ' Rev. Stat, of Can., c. 11, s. 21. See supra, 528. ' The form of their oath is as follows : " You swear that j^ou will truly and faithfully take down and transcribe the evidence to be given by the witnesses, who shall be examined in this matter. So help you God." In case of affirmation, "you solemnly, and sincerely, and truly affirm, c^c." — the last sentence in first form being omitted. See Gemmill, 126. ^ Gemmill 129. In the Martin case, a witness residing at Barrie would not give evidence until his expenses were paid and the committee sustain- ed his demand. See Sen. Deb. (1879), 250, 278 ; remarks of Sir A. Campbell. « Infra, 767- ' See case of Martin ordered to be taken into custody in 1872 on report of committee that he refused to be sworn, but he eluded the warrant of the speaker. Sen. J. 96, 101, 130. See mpra, 522, 523. DIVORCE BILLS. 7t37 With these profatory remarks we can now refer to the rules themselves, whii^h provide verv fully for pro- cedure l)efore the committee : M. [in part.] " When tlio Mil is road a ficcond time, it shall l.o referred to the select eominittoe on divoiee, who >hall proceed with all reasonable dosi)atelj to hear and to en(iuire ii>to the allegations set foith in the pieamltle of the bill and to taUe evi- dence touching iho same and the right of the petitioner to the relief prayed. 0. " If adnltory be proven, the ]tarty from whom the divorce is sought may nevertheless be tidndtted to prove condonation, collusion, connivance or aiUiltery on the part of the petitioner. *' Condonation, coUusioi' or connivance between the parties is always a sufficient ground for rejecting a bill of divorce and shall be enquired into by the committee. And should the cummittro have reason to suspect collusion or connivance and deem it desir- able that fuller enquiry shouil be made, the same shall be com- municated to the minister of Justice, that he may intervene antl oppose thi.' bill should the inte.'ost of public justice, in his opinion, call for such intervention. P. " The applicant for divorce, as well as the party from whom the divoix'O is sought, may be heard before the committee by counsel learned in the law of the bar of any province of i!anada. Q. " The applicant for divorce, as well as the party from whom the divorce is sought, and all other witnesses produced before the committee, shall be exiuninod upon oath or upon affirmati(m, in cases where witnesses are allowed by the law of Canada to affirm ; and the rules of evidence in force in Canada in respect of indict- able ott'ouces shall, subject to the provisions in these rules, apply to ])roceedings before the said committee, and shall be observed iu all questions of fact. E. " Summonses for the attendance of witnesses and for the production of papers and documents before the Senate or the select committee on divorce shall be under the hand and seal of the speaker of the Senate, and may be issued at any time to the party applying for the same by the clerk of the Senate. Such summonses shall be served, at the expense of the party applying therefor, by the gentleman usher of the black rod or by anyone authorized by him to make such service. The reasonable N I ! 'M: :, -1 ; 768 I'RIVATK DILLS. ex]ienhes of making ssiU'h >>orvic'C and llio iva.ionalilo expenses of evoiy v.'imesH for attending in obedioneo to such .sumnionH shall be taxed hy the ehairman oi' the eotnmittco. S. " In <'ase any witness upon whom .such sunmions inis been served refuses to obey the same, such witness may by order oi the Senate bo tnUen into custody' of the gentleman usher of the blarlc rod, and shall not bo liberated tVom such custody except by oi'der of rho Senate und after ]iaynient of (ho ex])enscs infui-red." Eepoi't of the Committee. The committee having come to a conclusion, their next step is to report it to the Senatt'.' The report is that of the majority as in all cases of committees, but for divorce cases the rules depart from the practice that governs generally in English parliamentary law,- and provides for a minority report.' The following rules apply to the report of the committee and the evidence taken on the bill : M. [in part.] " The committee after such hearing and onquiiy shall ro])ort thereon to the Senate, and such report shall be accompanied by the testimony of the witnesses examined and by all papers and instruments put in evidence before tho committee. The minority may bring in a report stating tho grounds upon which they dissent from the rejiort of the committee. " When any alteration in tho preanibloor otherwise in the bill is recommended, such alteration and the I'oasons for tho same shall bo stated in the report.^ " When tho committee report that tho preamble of the bill has not boon proved to the '?• satisfaction, tho report shall state the grounds on which they have arrived at such a decision, and no divorce bill so reported upon shall be placed on tho orders of the day, unless by special order of the Senate.' (1 1 Sen. J. (1SS9), 86, 98, 113, 114, 134 ; lb. (1890), 73, 79, ISO. ^ Supra, 513. ' It was always in the power of a senator to place his "protest" on record, see mpra, 454. * Sen. J. (1889), 82, 86 ; Ih. (1890), 180. ^This is the old rule [Sen. J. (1883), 164.], applicable to all private bills. See supra, 737. .ixponsos of imonH hIuiU nrt hiiH boeii by order ol m uwhor of aocly exeepl 10 expenses t, their next ; that of the ivorco cases IS gonorally r a minority >port of the 11: g and enquiry iport bIuiU be mined and by Iho eommitteo. .•rounds iip"ii |ec. iso in the bill for tbe same lof the bill has Ihall Htate llu; ]cision, and no orders of the Iso. lis "protest" on le to all private DivoncK r.ir.Ls. 760 N. " The L'hairman of the committee .shall hign, with his niimo at length, a printed copy of the bill, on which the iimendments recur, -nended shall bo fairly written, and hhiiil also sign, with the initials of bib niime, thosevoial amendments made and clauses added in committee ; and another copy of ilio hill wiih the amend- ments written thereon shall bo prepared by ihe clerk of the committee and tiled, or attached to the re})ort. C. " Kvidence taken before the said committee shall he printed ujiart fi-om the minutes of proceedings of the Senate, and only in sutticiont numbers tor the use of senators and members of the Jlouse ot' Commons, that is to eay, one copy for distribution to each senator and member, and twenty-tive copies to be ke|»t by the clerk of the Senate for purposes of record and reference." ' Third Reading of (he BUI, "Whon the report has boon received ])y the Senate, it is ordered as a rule to be taken into consideration on a future day — it being' in accordance with correct usage in all such cases that every proceeding should be cautiously and deliberately taken.- "When the order is reached, the report is considered and adopted or rejected according to the pleasure of the House, after a discussion of the facts and circumstances of the case whenever necessary.' The report being adopted, the bill is not committed to a com- mittee of the whole, but is ordered at once for a third reading, and that being agreed to it is sent to the Com- mons for their concurrence.' In all cases, whether the report sets forth that the preamble is not proven, or that the bill is not proceeded with, the report must be formally ' In 18S5 newspaper reporters were not allowed admission to the com- mittee meetings, and consequently no press reports of the evidence are now given to the public. See Sen. Deb. o23. Gemmill, 82. - Sen. J. (1889), 114 ; Ih. (1890), 180. ' Ih. (1889), 105, 135, 140 ; //-. (1S90), 107, 112. In 1890, the report was negatived in the case of Clapp's application, as the evidence involved cer- tain contradictions which decided a majority to give the respondent the benefit of the doubt. Deb. 498-513. ' Sen. J. (1889), 106, 132, 140 ; Ih. (1890), 107, 112, 194. 49 I I- I ' » I i ^ ! I , 1 h ii vM 7*70 rniVATE BILLS. I ■!' tSi ! adoptod.' Ill oase a bill is not proceeded with, the oom- mittoe reoomiuend that leave be granted for its with- drawal and tor the retarn of all exhibits.- Fees are also generally returned, loss the actual expenses incurred, on motion in the House, when a bill does not become law.' All rules of the Senate which " by reasonable intend- ment " are applicable to proceedings in divorce, shall, except in so far as they are altered or modilied by the new rule or are inconsistent with the same, continue to be applicable to these proct'cdings/ The rules also provide that in cases to which they do not apply "the general principles upon which the im- perial parliament proceeds in dissoh'ing marriage and the general principles of the rules, usages, and forms of the House of Lords in resi)ect of bills for divorce may be applied to divorce bills beibre the Senate and before the select committee on divorce." ' III. Divorce Bills in the House of Commons.— The proceedinn's in the Commons relative to such bills may now be brielly explained. AVhen a petition is read and received, it is referred, like all other applications for private legislation, to the committee on standing orders ; " but when no peti- tion has been presented and reported on by the committee on standing orders, the bill, when it comes up from the Senate, should be referred, in conformity with rule 54. to that committee." ' Sen. J. (1SS3) 17;?; y/*. (1SS9), 135. As no farther proooodiniis were necessary in this i\i8o— the hill not heing proceeded with hy the applii-aiit — tiie report was ailopted at once. - V>. 135. ■'j7». 204; lb. ISiH)), 235. It has heeu decided in th« Senate that a motion to refund fees is special, and notice may be required. Sen. Dob. (1890), t)4t). » Rule V. '" lb. T. 8 Can. Com. J. (,1875), 82, 83 ; Ih. (1877), 54, G2 ; lb. (1878), 27, 35. ' Infra, 773. Tliii was not done in Martin's case in'1873. Can. Coni. .]. 1891, July 9 (Mahala Ellis). In the Campbell case (1877) the commit- t(^ ret>orted the notice iuautlicieut, Jour. 313. l\ DIVORCE BILLS. Ill til. the oom- tov its with- Feos aro aUo incurred, on boooiue law.* lable iuteiul- ivoroe, shall, .d by the iiew outiuue to be vhich they do rhieh the im- rriag-e and the .1 tbrms of the ivorce may be ind be lore the [le proceedings now be brielly reeeived, it is ate legislation, when no peti- the committee s up from the ith rule 54. to proi'ooiUuiis weie |th by tbe appUi'ant |th« Senate that a Luired. iseu. Dob. \b. T. Il878), -JT, 35. Vi'lSTo. Can. Com. 1 1877) the commit- Divorce bills follow the practice usual in the case of all otner private bills in the Commons. Up to 18t>7 divorce bills were referred alter the second reading, in accordance with the general standing orders. ' After 1867 divorce bills followed the practice which was adopted in that year of referring private bills to committees after the first reading.- In 1873. it was ordered that all private bills should be referred after the second reading ; but it was not until 187o that a divorce bill was brought up from the Senate, and it was then inadvertently referred after tiirt reading.' In the session of 1877 two divorce bills came up from the Senate, and the House followed the pre- cedent in the Peterson case. On a subsequent day the bills were reported from the committee, and then there arose a question as to the future procedure. Under rule (>5, reported bills sliould be referred to a committee of the whole, but that could not be done (except by a special motion) since the bills had not been read a second time. The incorrectness of the procedure in the Foterson case became obvious, and the House agreed that divorce bills ought to follow the practice laid down for all private bills.' Consequently all bills since then have been referred after second reading to a standing committee. Until the session of 1877 it was the practice to refer these bills to a select committee in accordance with English practice ; ' but it is now usual to refer them to the standing committee on private bills.'' All the papers ' Berosford, ISS'J-)'. ; McLean, IS.'iS and 1S5!K ' .1. K. Martin, 1S7;'>. This reference nas made before the adoption of the ri'le in that 8tvssion referring private bills after the second reading. 'Can. Com. .T. (lS7o\i'15. • Walter Seott and M. .J. Bates relief bills, 1877 ; INIarch l(j, \9, '21, Can. Hansard ; Com. Jonrnals, 14S, 159, 171 ; 144,15;), 160, 17-. In oonsequenw of the mistake in the lv>tersor. case, the journals of 1877 sl'.ow very {tev plexing entries, but the above remarks will suffice to explain the way these contradictory precedents oocnrreil. " Kng. Com. S. 6. 189, 190, 191, 192. " Can. Com. .1. (1877), 171, 179; Ih. (,1878), 119, 120; lb. (1800), 323, 324. I- fl II • I it 772 rmv ATE BILLS. and evidence are referred with the bill to the committee/ It has not been usual lor the committee to take additional testimony in the case, but the practice has been to base its report on the facts submitted to them by the Senate. In case, however, the House is not satisfied with the evidence on which the Senate has passed the bill, it is always competent for the committee on private bills to go into such further examination of the facts as may be deemed desirable in the interests of justice and society." "When the bill comes back from committee, it is referred to the committee of the whole, and proceeded with like all other private bills. It was the practice until 1879 for the governor- general to reserve such bills for the signifi- cation of her Majesty's pleasure thereon, but this need not now be done since the change in the royal instvnctious with reference to bills.* IV. Private bills in the Senate imposing Rates and Tolls.— Private bills, which impose rates and tolls, may be introduced in the Senate and accepted by the House of Commons, in conformity with the standing or'Ter of the English Hoase to the effect that it '' will not insist on its privileges with respect to any clauses in private bills sent down from the House of Lords which refer to tolls and charges for ser- vices performed, and which are not in the nature of a tax, or which refer to rates assessed and levied by local authorities for local purposes." ' For instance, a bill respecting the Kincardine harbour was sent up from th*. Commons in 1877, but it transpired that the schedule of tolls had not been added in the private bill committee of the lower house. The schedule was thereupon quite 1 Can. Com. J. (1878), 120; R. (1890), 323, 324. ^ In the Lowry case, 1889, the Commons Committee re-exAmined the witnesses, but without eliciting new facts. See H an? 1160, 12G4, 12G5 ; Jour. 253, ■'* Supra, 048, 649, ^ S.O, No. 226 , May, 587. Supra, 587. committee.' > additional ,een to base the Senate. d with the he bill, it is srate bills to s as may be id society." it is referred .ed with like mtil 1879 for 3r the signifi- this need not L instrnc:'' '-')'» iToll8.-Pii^'ate introduced in Commons, in 'aglish Hoase rivileges with .own from the larges for ser- Latnre of a tax, vied by local [Stance, a bill ^t up from the he schedule of [l committee of lereupon quite re-examinetl the t 1100,12(34,1-05; BILLS NOT BASED ON PETITIONS. m regularly added in the Senate and agreed to by the Commons/ V. Bills not based on Petitions— "When a private bill is brought from the Commons it is at once read a first time without amendment and debate, and ordered for a second reading on a future day.- If the member iu charge of the bill is absent, and no motion is consequently made for the second reading, he must take the first opportunity he has for placing it on the orders.' If no petition has been presented to the Senate and reported upon by the com- mittee on standing orders, it must go before the second reading to that committee in accordance with the foUow- iug rule, common to both Houses : 58. " All private bills from the House of Commons (not heing based on a petition which has alreadj-been so reported on by the committee) shall be first taken into consideration and reported on by the said committee in like manner, after the first reading of such bills, and before their con!*ideration by any other stand- ing committee." (Com. E, 54.) In 1881 the Acadia Steamship Company bill was re- ferred in the Senate under such circumstances to the committee on standing orders, who recommended the suspension of rule 51 on the ground that no private rights would be interfered with, and the undertaking would probably be a public benefit.' In 1883 the Winnipeg and Hudson's Bay Railway and Steamship Company Bill w^as so referred in the Senate, and the committee reported in favour of the suspension of the rule, because the necessity for legislation had only ' Sen. Deb. (1S77), 300. It was tirst suggested in the Senate to send the bill back to the Commons, but the fact was overlooked that the latter could not amend their own bill, but were limited to consequential amend- ments. See also debate on the marine electric telegraph bill (1875), 422-3- Also 35 Vict, c. 1, a. 5, Dom. Stat. - Sen. J. (1880-1), 195, etc. •' Supra, 309.. * Sen. J. (LSSO-1), 223, 227. Mij i ! ! m I i : 1 114 PRIVA TE BTLLS. i- lately arisen and it would be competent for the commit- tee to whom the bill would be referred to provide that no injury to any party should arise therefrcm.' In such cases the proper practice is first to move the suspension of the rule in accordance with the report, and, when that is agreed to, to move the second reading of the bill so that it may go on the orders. In the first men- tioned case, however, the motion for the second reading appears to have been made after the first reading and before the bill was considered by the standing orders committee. But it was not at all regular to order the second reading before the committee reported whether or not the rule with respect to notice should be suspended and the bill proceeded with. The procedure in the Com- mons, under the same rule, is to move the second reading after the report, if favourable, of the standing orders com- mittee.^ And in all the other cases that occurred in the Senate in 1883, the same practice was followed. In the case of a bill in 1883 to authorize the Grand Trunk Railway Company to extend its traffic arrange- ments with the North Shore Railway Company, the com- mittee on standing orders in the Senate reported adver- sely, without giving any reason except that no notice had been published in the Canada Gazette, or in any local newspaper. Thereupon, notice was given of a motion to suspend the rules (51, 56 and 57), so far as they related to the bill ; and this motion having been agreed to, the bill was placed on the orders for a second reading on a fol- lowing day. This case shows that the motion for the ' Sen. J. (1883), 181, 188. Also European, American and Asiatic Cable Co., 232. " Infra, 776. It will also be seen that in the Senate in 1883,— but not in previous cases — a motion for the reference to the standing orders committee was made after the first reading. The rule seems to provide for a reference, as a matter of course, /t ithout a motion ; and it is under- stood as imperative in the Commons. But it is immaterial, whether the motion is made or not ; the bill must go to committee. > commit- ►vide that xnoA' e the jport, and, ling of the first men- id reading ading and iug orders order the whether or suspended n the Com- )nd reading orders com- Lired in the id. the Grand c arrange- y, the com- lorted adver- notice had |n any local a motion to !y related to to, the bill iig on a fol- tion for the U Asiatic Cable 1883,— but not Landing orders leems to provide land it is under- Iterial, whether BILLS NOT BASED ON PETITIONS. Tt5 second reading should properly follow the report of the committee.' In the case of the " act to incorporate the board of man- agement of the church and manse building fund of the Presbyterian Church in Canada, for Manitoba and the Northwest," no petition was presented in 1883 in the Senate, but no difficulty arose because the regular notices required by the rules had been given.^ The committee's report to this effect was adopted, and the bill was ordered at once, by motion, for a second reading on a future day. In 1884, the Hamilton and Northwestern Railway Company's bill came up from the Commons, and as there was no petition presented in the upper chamber, it was referred to the committee on standing order.s who reported favourably, but it was objected that they had not specially reported a suspension of the fifty-seventh rule which sets forth that " all private bills are introduced on petition." The report was referred back for reconsideration, with the result that the committee recommended a suspension, of the fifty-seventh rule in this paiticular case. During the discussion in the Senate on the subject, stress was properly laid on the regularity and convenience of having petitions presented in each House in every case of private legislation.^ As a rule, however, petitions for private bills are simul- taneously presented and reported upon in both Houses ; • Sen. J. (188;i), 208, 210, 221, etc. ; Min. of P., p. 359. Notice to suspend the rules in pursuance of rule 18, supra, 263. For rule 51, see p. 709 ; rule 56, p. 773 ; rule 57, p. 721. ' Sen. J. (1883), 145. •' Sen. Deb. (1884), 405, 400, 472, 502 ; .Jour. 215, 228, 242, 246. In this case the journals incorrectly give the fifty-sixth rule as suspended; it should be the fifty-seventh, aa stated in the discussion on the report, Hans. 405. See also case of Niagara Frontier Jkidge Co., and of Winnipeg and Hudson's RR. & SS. Co.; Sen. J. (1884), 224, 247; 204, 266. See re- marks of Mr. Dickey and Sir A. Campbell as to presentation of petitions in the Senate, Deb. (1884), 142. i t I i !■ 'W li i n 11Q PRIVATE BILLS. and in this way the progress of a bill is facilitated. It is only in exceptional cases like those just mentioned, that a petition is presented in one House and not in the other. Care should be taken to present petitions in each House, as it is the convenient and regular course, only to be deviated from for sufficient reasons. "When any bill is brought down to the Commons from the Senate, the member interested will move, " That it be now read a first time," and this motion must be put with- out amendment or debate, as in the case of any public bill.' The bill must then be referred to the committee on standing orders, if that committee has not previously re- ported on a petition relative thereto, in accordance with rule 54, which is exactly the same as rule 56 of the Senate, cited on a previous page. If the standing orders commit- tee report favourably,a motion would immediately be made for the second reading on a future day, as the rules of the Commons do not contain any provision for placing a bill on the orders after such report." If the report is unfa- vourable the member may move (after notice) to suspend the standing orders relative thereto, and to have the bill read a second time ; but in the only case of the kind that has occurred since 1867, the House refused to interfere with the decision of the committee.' If there is a petition favourably reported on by the standing orders committee of the House of Commons, the bill can be immediately ordered for a second reading after the first reading.' Very few cases occur of bills being presented without petitions having been first reported upon. VI. Amendments made by either House.— When a bill is re- turned from one House to the other with amendments, ' Can. Com. J. (18S3), 141. ^ lb. (1878), 98, 109 ; lb. 1891, .July 7, 8 and 9. For cases in legislative assembly, see Toronto Boys' Home, 1861 ; Huron College, 1863. •' lb. (1877), 313, 335. ' Jb. (1877), 54, 62, 131-2 {Globe Printing Co. bill), etc. AMENDMENTS MADE BY EITHER HOUSE. 777 ( ■ t they are generally considered forthwith if they are merely verbal and not important/ The course with respect to amendments that are material is variable in the Senate ; but ordinarily they are ordered to be taken into consider- ation on a future day ; or immediately at the close of the session. Rule 68 of the Commons and rule 71 of the Senate, however, provide a different course in the case of material amendments to a private bill : " When any private bill is returned from the Senate [or House of Commons] with amendments, the same not being merely verbal or unimportant, such amendments are, previous to their second reading, referred to the standing committee to which such bill was originally referred,'- [or, by the Senate rule, to a committee of the whole."]'' If the committee report favourably, the amendments will be immediately read a second time and agreed to, and returned with the usual message. If the committee report that the amendments should be disagreed to for certain reasons, the House will consider the amendments forth- with, and having read them a second time will disagree to those on which the committee have reported unfavourably for the reasons set forth in their report.' The House will then either "insist" or "not insist" on their amendments when the message is received that the other House disa- grees to them.' Or the committee may recommend that certain amendments be made to the S^^nate amendments." The proceedings in all such cases are fully explained in the chapter devoted to pu? lie bills. The necessity of referring amendments, made by one 1 Sen. J. (1877), 152. Com. J. (1878), 120. '- lb. (1883). 308; lb. (1886), 176. ■' This rule is practically a dead letter as far as the Senate is concerned. ♦ London & Ontario Investment Co. (1877), 246, 262 ; Wesley an Mis- sionary Society (1883), 317, 326. •^ Can. Com. J, (1877), 289, 298, 299 ; Sen. J. 269, 282. (Union Life & Ac- cident Assurance Co.) " Can. Com. J. (1886), 255, 270, (Guelph Junction Railway Co.) ! ,t f!i f I ! • * ■' i\ !■ ' 1 I 1 Dip i I I r r.i' 778 PRIVATE BILLS. t i' House to a bill passed by the other, was showu in 1884, in the case of a Commons bill respecting the Grand Trunk Eailway. This bill came back to the Commons with apparently unimportant amendments which were hastily agreed to, but it afterwards transpired that though verbal they involved important consequences, and it w^as decided to adhere strictly thereafter to the rules of the House which require that all such amendments shall be placed on the order paper for another day, so that full opportu- nity may be given to all those interested in the measure to consider the character of the changes.' This wise rule has consequently been observed since that time, and only deviated from in rare cases of urgency at the end of the session when no objection is taken to the amendments. Sometimes in the Senate, as in the Commons, it may be necessary to suspend all the rules guarding the passage of private bills, but urgency w^ill have to be shown before so grave a departure from correct procedure can be per- mitted, and the rules can only be suspended with the unanimous consent of the House.- ' Rule 23. See Can. Hans. (1884), 1511, 1514. 2 Wood Mountain Sc Qu'Ai)iielle Railway ; Sen. Deb. (1890), 3G5-SG8. In the case of the Winnipeg it Hudson's Bay R.R. Co. Bill, objection was ^aken to the suspension of the rules ; lb. 868-872. In the case of both these bills, the rules were suspended in the Commons. Can. Com. J. (1890) 464, 469. See mtpra, 749. CHAPTER XXII. GENERAL OBSERVATIONS ON THE PRACTICAL OPERATION OF PARLLiMENTARY GOVERNMENT [.\ CANADA. In the first chapter of this work, the author has endea- voured to give a concise sketch of the various phases of the constitutional development of the provinces of British North America, from the time Canada became a possession of England and exchanged the absolutism and centraliza- tion of the French regime for the representative institu- tions of England. The liberal system of local self-govern- ment which Canada now enjoys, as a portion of the British Empire, is the result of the struggles of the statesmen and people of Canada since the close of the last century when all the provinces were given the right to hold represen- tative assemblies. In every province there existed from 1792 to 1840, when Upper Canada and Lovrer Canada were united in a legislative union, a system of government which reproduced certain essential features of the English system — a bicameral legislature, an executive, and a judiciary. For more than half a century after the conces- sion of representative institations, the political expansion of the provinces was more or less retarded by the absence of the great governing principle of the English system which has developed itself slowly since the revolution of 1688 — that great principle which makes the ministry or government of the day responsible both to the sovereign and the legislature for all matters of administration and legislation, and allows it to continue in office only while it retains the approval of the people's house. From 1840 ' ! I ■ ) i l,t ) 1 ( :l f !f I ( ' n I B *780 GENERAL OBSERVA TIOXS. to 1866,' however, this guiding principle of parliamentary institutions was acknowledged in the largest sense by the imperial government and obtained its fullest expression in the passage of the measure providing for the federation of the provinces, which has enabled the different com- munities, known under the political title of the "Dominion of Canada," to assume many of the functions of an inde- pendent nationality, and extend their legislative and administrative authority over a region of vast territorial extent. But while Canada has been able, through the efforts of her statesmen and people, to attain so large a measure of legislative independence in all matters of internal concern, there still exist between her and the parent state those legal and constitutional relations which are compatible with the respective positions of the sovereign authority of the empire, and of a dependency. At the head of the executive power of the dominion is the queen of England, guided and advised by her privy council, whose history is co-existent with that of the regal authority itself Through this privy council, of which the cabinet is a committee, the sovereign exercises that control over Can- ada and every other colonial dependency, which is neces- sary for the preservation of the unity of the Empire and the observance of the obligations that rest upon it as a whole. Every act of the parliament of Canada is subject to the review of the queen in council and may be carried from the Canadian courts under certain legal limitations to the judicial committee of the privy council, one of the committees which still represent the judicial powers of the ancient privy council of England. The parliament of Great Britain — a sovereign body limited by none of the constitutional or legal checks which restrict the legis- lative power of the United States congress — can still, and ' See Bourinot, " Studies in Comparative Politics," in Trans, of Royal Society of Canada, Vol. viii, j). 8, »;. COVEIiy}fEyT IN CAN A DA. i81 ins. of Royal does actually, legislate from time to time lor Canada and the other colonies of the empire. From a purely leijal stand-point, the legislative authority of this great assem- bly has no limitation and might be carried so far as not merely to restrain any of the legal powers of the dominion as set forth in the charter of its constitutional action, known as the British North America Act of 1807, but even to repeal the provisions of that imperial statute in whole or in part. But while the sovereign of Great Britain, acting with the advice of the privy council and of tht^ great legislative council of the realm, is legally the paramount authority in Canada as in all other portions of the Empire, her pre- rogatives are practically restrained within certain well understood limits, so far as concerns those countries to which have been extended legislative institutions and a very liberal system of local self-government.' In any re- view^ of the legislative acts of the dominion, the govern- ment of England has for many years past fully recognised those principles of self-government which form the basis of the political freedom of Canada. No act of the parlia- ment of the dominion can now be disallowed except it is in direct conflict with imperial treaties to which the pledge of England has been solemnly given, or with a statute of the imperial legislatu^"^ which applies directly to the dependency. The imperial parliament may legislate in matters immediately affecting Canada," but it is un- derstood that it only does so as a rule in response to ad- dresses of her people through their own parliament, in ' " It is therefore a fundamental maxim of parliamentary law that it is uncons^titntional for the imperial parliament to legislate for the domestic afiaira of a colony which has a legislature of its own." Hearn, Govern- ment of England, 59S, appendix, Art. on " The Colonies and the 3Iother- country." - " The general rule is that no act of the imperial parliament binds the colonies unless an intention so to bind them appears either by express words or by necessary implication." Hearn, 590. ]i ,. I m E I; :■ l» i\'\ '!!{ •782 OEM: HA L OBfiKR I 'A TIOSS. order to jjive validity to the acts of the latter iu cases where the Lritish North America Act of 18»>7 is silent, or has to be supplemented by additional imperial leqisla- tion, That act itself was not a voluntary eflbrt of imperial authority, but owes its origin to the solemn expression of the desire of the several legislatures of the provinces, as shown by addresses to the Crown, asking for an extension of their politieal privileges.' "Within the deiined territo- rial limits of those powers which have been granted by the imperial parliament to the dominion and the pro- vinces, each legislative authority can exercise powers as plenary and ample as those of the imperial parliament itself acting within the sphere of its extended legislative authority.- Between the parent state and its Canadian dependency there is even now a loose system of federation under which each governmental authority exercises cer- tain administrative and legislative functions within it" own constitutional limits, while the central authori controls all the members of the federation so as to s<:[\c ' See ary;umont of Hon. Edward Blake before tlie judicial committee in case of St. Catharine's ^Milling and Lumber Co. vs. The Queen, published at Toronto in ISSS. - See Hodge vs. The Queen, mjira, 112. AVith respect to the subjects over Avhich the parliament and legislatures of Canada have legislative control by the British North America Act of 1S67, " they must be con- sidered to have the plenary powers of the imi)erial government (to quote tho words of the judicial committee) subject only to such control as the imperial government may exercise from time to time, and subject only to her Majesty's right of dieallowance, whicli the B. K A. Act reserves to her and whicii no one doubts will be exercised with full regard to con- stitutional principles and in the best interests of the country, when ex- ercised at all." See correspondence on Copyright Act (Rev. Stat, ot Canada c. 62) Can. Se.'^s. P. 1890, No. 35, p. 10. For respective powers of Imperial aud Canadian Governments, see report of committee of privy council of Canada relating to appeals in criminal cases to the judicial committee of the Privy Council of England, Can. Sess. P. 1889, No. 77. Federal Government in Canada, Johns Hopkins University Studies, 38-44. Also speech of Sir John Thompson, minister of justice. Can. Haas. 18S9, March 27. And copyright debate, 1891, Sept. 4. L'CISOS CtT' GOVEIISMKST IS CANADA. 783 that moasure of unity aud strength, without which tho empiro could not keep tog-ethev. Each govtM-umcut acts within the limits of its deliucd legislative authority with respect to those matters which are of purely local concern, aud it is only when the interests of the lilmpire are in direct antagonism with the privileg(»s extended to the colonial dependency, the sovereign authority should pre- vail. This sovereign authority can never be exercised arbitrarily, but should be the result of discussion and deliberation, so that the interests of the parent state and the dependency may be brought as far as possible into harmony with one another. The written and unwritten law provides methods for agreement or compromise be- tween the authorities of the parent state and its depen- dencies. In matters of law the privy council is guided ])y various rules which wisely restrict appeals from the dependency within certain definite limits. In matters of legislation and administration, on which there may be a variance of opinion between the Canadian and the English government, the means of communication is the governor-general and the secretary of state for the colonies. The former as an imperial ofiiccr responsible to the Crown for the performance of his high functions, as the repre- sentative of the sovereign in the dependency, will lay before the imperial government the opinions and sugges- tions of his advisers on every question which affects the interests of Canada, and requires much deliberation in order to arrive at a fair and satisfactory adjustment.' It may be contended that there is no absolute written law to govern these relations — to restrain the imperial government in its consideration of Canadian questions — to give a positive legal independence to the Canadian government in any respect whatever ; but in answer to ^ " The matter is fought out between the colonial government aud the colonial office," Hearn, G02. See correspondence on copyrights and appeals in criniinal cases, smpra, 783, ji. ; ! i < ^^ 11 I jl i ! -. 1 hi 1 i ill 1 1 ' •784 GESERAL OBSERVA TIOXS. this purely arbitrary couteution it may be argued with obvious truth that when the imperial parliament gave the Canadians a complete system of local government and the right to legislate on certain subjects set forth in the fundamental law of the dependency (the British North America Act,) it gave them full jurisdiction over all such matters and constitutionally withdrew from all interfer- ence in the local concerns of the colony. More i,han that, in addition to the obvious intent and purpose of the written constitution of the dominion there are certain conventions and understandings which appear in the instructions laid down by the imperial authorities them- selves from time to time for the self-government of these colonial communities since the concession of responsible ffovernment — conventions and understandings w^hich have as much force as any written statute, and which practically control the relations between England and Canada so as to give the latter the unrestricted direc- tion of every local matter and the right of legislating on every question sanctioned by the terms of the constitu- tional law. The British North America Act then is a charter of constitutional freedom, recognising in a practically un- restricted sense the right of Canada to govern herself, subject only to the general control of the sovereign author- ity of the Empire. This act establishes a federal system which gives control over dominion objects to the central executive and legislative authority, and permits the gov- ernments of the provinces to exercise certain defined municipal and local powers within provincial limits, compatible with the existence of the wide national au- thority entrusted to the federal government. Within its local statutory sphere each provincial entity can exercise powers as plenary and absolute as the dominion itself within the wide area of its legislative jurisdiction. For the settlement of questions of doubtful jurisdiction the GOVERyMENT IS CANADA. 185 gned -with lit gave the flment and forth in the itish North ver all such all interfer- re than that, rpose of the are certain pear in the lorities them- aent of these ,f responsible idinpjs which e, and which England and estricted direc- I legislating on f the constitn- is a charter of practically nn- •overn herself, roreign author- federal system s to the central ermits the gov- L^ertain deiined ovincial limits, de national a\i- ut. Within its ity can exercise dominion itself Irisdiction. For jurisdiction the O" constitution provides a remedy in a reference to the courts on whose decision must always largely rest the security of a federal system,' and to a minor degree in the power possessed by the dominion government of disallowino- provincial acts — a power, however, as it is shown else- where, only to be exercised in cases of grave emergency or of positive conflict with the law and the constitution.- If we study the constitution of Canada we find that its principles rest both on the written and the unwritten hiw. In the British North America Act, we have the written law which must direct and limit the legislative functions of the parliament and the legislatures of the dominion. AVhile this act provides for executive author- ity and for a division of legislative powers between the dominion and the provinces — as we have seen in the first chapter of this work — it does not attempt to give legal effect or definition to the flexible system of pre- cedents, conventions and understandings which so largely direct that system of administration and government which has grown up in the course of two centuries in England, and which has been gradually introduced into Canada during the past forty years, and now forms the guiding principles of parliamentary government in the two countries.' No doubt, strictly speaking, these conventions are not ' See Dicey. The Law of the Constitution, IGlMOS. - See Bourinot, Federal Ciovernnienl in C'anathi, oS-Ca. Also, supra, 8(i, 87. ' With reference to these conventions and understamlint;, see Freeman, Growth of the Enfxlish Constitution, 114, 115. Dicey, Law of the Constitu- tion. Bourinot, Feileral Government in Canada, 33. Professor Dicey, in liisexcellent exposition of this subject, says (p. -4) that constitutional law " consists of two elements. The one element which I have called 'the law of the constitution ' is a botly of undoubted law ; the other element — which I have called 'the conventions of the constitution' consists of maxims or practices which, though they regulate the ordinary conduct of the Crown and ministers and of others under the constitution, are not in strictness laws at ail." 50 >Ul i I Is 'hI!^ :in 1 1 I <, (i4, 05, 00. See mpra, chapter i. sa- 7 and 9. ■* Supra, 74 (P. E. Island); 7.') (^Manitoba) ; 70 (British Columbia). > ,'■ Sr •790 GEXERAL OBSERVATIONS. the constitutional law is " the queen's privy council for Canada," which has its origin in the desire of the Cana- dian people to adapt as far as possible to their own cir- cumstances the ancient institations of the parent State.* But all privy councillors in Canada are not the advisers of the governor-general for the time being. At the pre- sent time there are in Canada over fifty gentlemen called privy councillors,- but of these only a small proportion, from twelve to fifteen, form the actual government of Canada. Following English precedent, the governor- general has also conierred the distinction of privy coun- cillor upon several distinguished gentlemen who have been speakers of the Senate and Houso of Commons. It may be argued that the fact that these gentlemen have been sworn to the privy council gives them a certain limited right to be consulted by ^he representative of the sovereign in cases of a political emergency or a na- tional crisis, but this is a privilege only to be exercised under exceptional circumstances while Canada enjoys responsible government.^ For instance, on the resigna- ' See supra 54. In Ireland there is also a privy council, see Whittaker's Almanac, 1891, p. 96. In the proposed federal constitution for Australia, the name suggested is •' federal executive council." See official report of the " National Australian Convention," c. ii.,8. 2. In the early constitution of the 8iat« of Delaware, the executive council associated with the governor, was called a pri\y council, but the name has long since disappeared. Bryce, The American Commonwealth, ii., 103, 104. The title exists still in the little colonies of Bermuda and Jamaica, where tliere is no responsible government. See Col. Office List for 1891. • See Col. Office List, 1891, pp. 70, 71. •' "The king, moreover, is at liberty to summon whom he will to his privy council; and every privy councillor has in the eye of the law to confer with the sovereign upon matters of public policy. The position and privileges of cabinet ministers are in fact derived from their being sworn members of the privy council. It is true that by the usages of the constitution cabinet ministers are alone empowered to advise upon affairs of State, and that they alone are ordinarily held responsible to their sovereign and to parliament for the government of the country. Yet it is quite conceivable that circumstances might arise which would render it expedient for the king, in the interests of the constitution iteelf, GOVERNMENT IN CANADA. 791 tion or dissolution of a ministry the C"own has a right to consult any privy councillor with respect to the forma- tion of a new administration. As a rule of strict consti- tutional practice, the sovereign should be guided only by the advice of men immediately responsible to parliament and to the Crown for the advice they tender. The mem- bers of the cabinet or ministry which advises the gover- nor-general must be sworn of the privy council, and then called upon to hold certain departmental olHces of state.' They are a committee of the privy council, chosen by the governor-general to conduct the administration of public affairs. They are strictly a political committee, since it is necessary that they should be members of the legislature. The political head of this cabinet or ministry is known as the prime minister or premier — a title totally unknown to the written law, and only recognized by the conven- tions of the constitution.- It is he who is first called upon by the governor-general to form the advisory body known as the ministry. His death, dismissal or resigna- tion dissolves ipso facto the ministry, ' and it is necessary that the representative of the sovereign should choose another public man to fill his place and form a new ad- ministration. The premier is essentially the choice of the governor-general — a choice described by a great Eng- lish statesman as " the personal act of the sovereign," since it is for her alone " to determine in whom her con- fidence shall be plac d."^ A retiring premier may, in his capacity of pri' y coi mcillor, suggest some statesman to take his place, but su'h advnce cannot be given unsoli- to seek for aid and counsel apart from his cabinet." To^ld, i., 116. Also lb. 334. ' See supra, chapter i., s. 7. '^ Hearn, Government of England, 223. See Gladstone, Gleanings i., 244. '' Gladstone, Gleanings, i. 243. ♦ Sir Robert Peel, 83 Eng. Hans. (3), 1004. Also Lord Derby, 123 lb. 1701; Disraeli, 214 lb. 1943. i'i f;i m ■ I !' ,1 iir X 1 *792 GENERA L OBSKR VA TIONS. cited, but only at the request of the Crown itself.' But this personal choice of the representative of the sovereign has its limitations, since the governor-general must be guided by existing political conditions. He must choose a man who is able to form a ministry likely to possess the confidence of parliament. If a ministry be defeated in parliament, it w^ould be his duty to call upon the most prominent member of the party which has beaten the administration to form a new government. It is quite competent for the governor-general to consult with some influential member of the dominant political party, or with a privy councillor,^ with the object of eventually making such a choice of a prime minister as will ensure what the Crown must always keep in view — a strong and durable administration capable of carrying on the queen's government with efficiency and a due regard to those principles which the sovereign's representative thinks absolutely essential to the interests of the dependency and the integrity of the empire. Once the statesman called upon by the Crown has accepted the responsibility of premier, it is for him to select the members of his cabinet and submit their names to the governor-general. The premier, in short, is the choice of the governor-gen- ' Todd, i. 116, 328. - It is not essential that the person selected to bring about the con.*trur- tion of a new cabinet shoiiKl be the intended prime minister. See case of Lord Moira in 1812; 17 E. Hans. (:5), 464; Wellinjrton Desp., 3d ser., vol. 3, pp. 036-642; lb. vol. 4, pp. 3, 17, 22. In 1851, after thj resignation of the Kussell administration, the Duke of Wellington was consulted, 114 E. Hans. (3), 1033, 1075. In 1855, after the resignation of Lord Aberdeen, among those consulted with respect to the formation of a new .administration was the Marquis of Lansilowne, 123 E. Hans. (3), 1702 Greville's Memoirs, Raign of Queen Victoria, iii. 203, 207. In 1891, on the death of Sir John Macdonald, Sir John Thompson, minister of justice in the administration then dissolved, was called upon by Lord Stanley, gov- ernor-general of Canada, " for his advice with respect to the steps which should be taken for the formation of a new government." Can. Hans., June 16. It appears he was asked to form an administration, but declined the responsibility, lb. June 23. GOVERNMENT IN CANADA. 793 eral ; the members of the cabinet are practically the choice of the prime miuister.' The governor-geueral may consti- tutionally intimate his desire that one or more of the members of the previous administration in case of a re- constructed ministry, or of the political party in power in case of an entirely new cabinet, should remain in or enter the government, but while that may be a matter of conversation between himself and the premier, the Crown should never so press its views as to hamper the chief minister in his effort to form a strono; administra- tion.- As the leader of the government in parliamen and a chief of the dominant political party for the time being, he is in the best position to select the materials out of which to construct a strong administration, and his freedom of choice should not be unduly restrained by the representative of the sovereign, except in cases where it is clear that imperial interests or the dignity or the honour of the Crown might be impaired, conditions almost impossible to arise in the formation of a ministry. The premier is the constitutional medium of communica- tion between the governor-general and the cabinet ; it is for him to infoim his Excellency of the policy of the government on every important public ques'.iou, to acquaint him with all proposed changes or resignations in the administration. It is always allowable for a minister to communicate directly with the governor- general on matters of purely administrative or depart- mental concern ; every minister is a i)rivy councillor, and as such is an adviser of the Crown, whom the governor- general may consult if 1. 3 thinks proper ; but all matters of ministerial action, all conclusions on questions of ministerial policy can only be constitutionally communi- cated to him by his prime raiiiister. It is for the latter to ' When Sir Robert Peel took office in 1834, the principle was for the first time established that the premier should have the free choice of his colleagues. Peel, ^lem. ii, 1 7, 27, 00. '' See Torrens, Life of Melbourne, i. 233. Colchester's Diary, iii. 501. ^■■H| i ' ■* 194 GENERAL OliSJsJRy'ATIOSS. keep the Crown informed on every matter of executive action.' It is not necessary that he should be told of the discussions and arguments that may take place in the cabinet while a question of policy is under its considera- tion, but the moment a conclusion is reached the gover- nor-general must be made aware of the fact and his ap- proval formally asked. All minutes and orders in council must be submitted for his approval or signature, and the fullest information given him on every question in which the Crown is interested and which may sooner or later demand his olhcial recognition as the constitutional head of the executive. "When a new administration is formed — whether it is a mere reconstruction of an old cabinet under a new pre- mier, or an entirely new government — there must be a thorough understanding between the prime minister and his colleagues on all questions of public policy which at the time are demanding executive and legislative action. The cabinet must be prepared to act as a unit on all ques- tions that may arise in the legislature or in connection with the administration of public affairs, and if there be a difference of opinion between the premier and any of his colleagues, which is not susceptible of compromise, the latter must resign and give place to another minister who will act in harmony with the head of the cabinet. - "While each minister is charged with the administration of the ordinary affairs of his own department, he must lay all questions involving principle or policy before the whole cabinet, and obtain its sanction before submitting it to the legislature. Once agreed to in this way, the measure of one department becomes the measure of the whole ministry, to be supported with its whole influence in parliament. The ministry is responsible for the action of every one of its members on every question of policy, ' Hearn, 223. '' Heam, 218. GOVERyMENT IN CASADA. 796 and the moment a minister brings np a measure and places it on the government orders it is no longer his, but their own act which they must use every etibrt to pass, or make up their minds to drop in case it does not meet with the approval of the legislature.' The responsibility of the cabinet for each of its members must cease when a particular member of the cabinet assumes to himself the blame of any acts and quits the government in conse- quence ; and while by remaining in office and acting to- gether, all the members take upon themselves a retro- spective responsibility for what any colleague has done, it ceases if they disavow and disapprove of the particu- lar act upon the first occasion that it is publicly called in question." If a government feels that it is compromised by the misconduct of a colleague, he must be immediately removed.' If parliament should be sitting on the occasion of a ministerial crisis, it is usual, to adjourn from day to day, and questions to be asked with respect to the progress made with the formation of a ministry. The motion to adjourn nay be made, when necessary, by one of the ex- ministers at the request of the person who has been en- trusted with the duty of forming a ministry.' In case of a reconstruction it is customary for members of the former ' " The essence of responsible governLient is that mutual bond of re- siHjnsibility one for another, wherein a gcvernment, actinj; by party, go together and frame their measures in concert." Earl of Derby, 134 E. Hans. (3), 834. "The government is not an administration of separate and distinct departments, but, as is well known, the measures of each department are .':Mbmitted to tlu; consideration of the cabinet, and the cabinet is responsible in its individual I I .;,. I '■ 3 798 GENERAL OBSERVATIONS. A government once formed is immediately responsi- ble for the work of administration and legislation. As a rule, parliament should be reluctant to interfere with those detailsof administration which properly and conveniently appertain to a department, and it is only in cases where there is believed to be some infraction of the law^ or of the constitution or some violation of a public trust, that the House will interfere and inquire closely into administra- tive matters/ It must always be remembered that par- 1 ament is the court of the people, their grand inquest, to which all matters relating to the public conduct of a ministry or of any of its members as heads of depart- ments, must bo submitted for reviev/ under the rules of constitutional procedure that govern such cases. By moans of its committees parliament has all the machinery necessary for making complete inquiry, when necessary, into the management of a public department. Especially in relation to the public expenditures has the House of Commons the responsibility devolved upon it to see that every payment is made in acccordance with law and economy, and that no suspicion of wrong-doing rests on the department having the disposition of any public funds." Every act done by the responsible minister of lie Crown, having any political significance, is a fitting sub- ject for comment, and, if necessary, for censure in either ' May, Const. Hist, ii., 8"). Todd, i., 418, 405-468. - Seo the reports of ilie Committee of Public Aocounta in the Canadian Commons Journals from 1S67 to 1891 — especially in the latter year— which illustrate the important functions assumed by this Committee since its formation in 186V. Also the speeches of Sir R. Cartwright, ex- finance minister, and Sir .i. Thompson, Minister of justice, setting forth the functions, and responsibilities devoiving on this committee, Can. Hans., Aug. 19, 1891. Also in the same session, proceedings and reports of thb committee of privileges and elections, called upon to inon the mariner in whi(;h every function of government has been or ought to he discharged ; or it can convey its orders or directions to the moanest ollicial with reference to his duty. Its power ovor the executive is exercised indirectly but not the less eti'cctively, through the responsible ministers of the Crown. These niinipters regulate the duties of every department of the state and are responsible for their proper i)erforniance to parliament as well as tiie ('r<.» ii. If parliament disapprove of any act or i)olicy of the government. mlnist4-r» must conform to that opinion, or forfeit its .onfidence." May, C'onstituti<)nal History, ii. Sr>, 8(5 See also Macaulay, History of England, ii. 4*5. ' " Having entire control over thf j»ubli<' tle|>aftraent8, tliey [ministers] are bound to assume responsibility for every official act, and not to per- mit blame to lie imputed to any subordni^te for the manner in whicli the business of the country is transacted except only in cases of personal misconduct for which the political chiefs have the remedy in their own hands." Todd i., 62S. 629. Also lb. ii., 217 ; 174 E. Hans., (3), 410, 184 Ih. 2104 ; 217 If>. 1229 ; 219 lb. 02:5 ; Grey, Pari. Govt., new ed., 30u. il;! i nil ■,. , IM I I .♦ 800 GENERAL OBSERVA TfOSS. of such oomraittee to lay down a public policy on any question of gravity. That is a duty of the responsible ministry itself, which should not be shifted on another body. The legislative and executive authorities should act as far as possible within their respective spheres. It is true the House acts, in a measure, in an executive capacity ; it does so, not as a whole, but only through the agency of a committee of its own members — the govern- ment or ministry — and while it may properly exercise control and supervision over the acts of its own servants, it should not usurp their I'unctions and impede unneces- sarily the executive action of the men to whom it has, from the necessity of things, constitutionally entrusted the management of administrative matters.' Such questions can only be eiFcctively administered by a body chosen expressly for that purpose. If it is clear that the ministry or any of its members are incompetent to disi'harge their functions, th(^ House of Commons at once must evince its desire to recall the authority it had delegated to them, and tlie Crown, recognizing the right of that body to control its own committee, will select another set of men who appear to have its confidence and to whom it is willing to entrust the administration of public allairs. Beside availinir itself of the assistance of select par- liamentary committees in special cases requiring the collection of evidence bearing on a question, the govern- ment may also, by the exercise of the prerogative* or in pursuance of statutory authority,' appoint a Royal Com- I: ' See nM)iark.« of Lnnl Palmerstoii with rosjiert to tli<' necessity of leaviiiji the royal j)ror(icative unfettered as rejrards its exorcise. 150 E. Huns. (3), lo.')? ; 164 //*. 99. Alto Austin, Flea for the Constitution, 24. • Todd, ii. 432. ' See raeifu! Kailway Comnussion of IS?;], 2nd sess., Can. T'om. Jour. liy 0. 114, Kev. Stat, of Canada, whenever the >rovernor-in-(!ouncil deems it expedient to cause an inf their functions should not in any way " prejudice whatever proctwJiaKB parliament might desire to take-" 51 I I! i HI: ! i « I I I-: i'.i I- 802 GENERAL OBSEIiVATIOyS. A commission should be careful uot to enter upon any question of policy lest it should trench upon the proper limits of ministerial responsibility ' and upon ground which belongs to parliament. All the expenses necessary for the performance of the functions assigned to a royal commission must be defrayed out of moneys annually voted by parliament for that purpose. - Such commissions may be appointed on the recom- mendation of either house of parliament in the form of an address to the Crown,' or by the simple expression of opinion in favour of such a measure.' The report of such bodies is transmitted to parliament by command of the governor-general or by message.' In addition to royal commissions, the government may appoint a departmtnital commission to make inquiries into matters connected with the official work of the public departments." In the evolution of parliamentary government ministers have become responsible not only foi the legislation which they themf^lves initiate, but for the control and supervision of all legislation which is introduced by private member'" in either House. In the speech with which parliament ih opened there is generally a reference to the leading measures which the government propose to present during the session. This speech, however, does not do more than indicate in almost abstract terms — terms intended to mak** the document unobjectionable ' Mr. (iladMtoue, 177 E. Hunu. (3), lioD, I'llU and 217 JL 604. Sir Statlunl Korthfote, 184 IL, 1731. '^ StM3 ("im. Stat, for 1871, p. 7, Ctiiial Coin mission. •'118 E. Tdui. J. -'■)(», -dm, :{(}3, 377 ; ll!i /'/. Jlo, «.",» ; \K] Lords' J. G.'J;!. * Can. ('i)in. .1. 18!)1. .hino L'4. » //>. (1885), 124; //'. (1889), 271. " Bee Rev. Stat, of ('mi., c. ll/i Tlie Civil Servlco CouunLssion of 18?(i- 81 was appointed hy order in coiinri! to enquire into the condition of tiie public service of the dominion and suggest improvontents in it.s organiza- tion. It liatl not the power to administer oaths j QOVEHSMEST IN CANADA. 809 ides , the illict 11 the on canals, public wharves and docks and railways, the prevention of contagious disease among cattle, quaran- tine and health, the collection of criminal and other statistics, the control of the coasting trade, adulteration of food and drugs, the administration of affairs in the district of Keewatin the management ot penitentiaries, and countless other matters, we see how extended a measure of legislative authority has been entrusted to the govcrnor-in-oouncil.' These orders are published re- gularly in the Canada Gazette— AWii in the Gazettes of the provinces when the orders are issued by the pro- vincial executive — for the information of all persons affected by the regulations in question. Copies of all rules, regulations, forms, and other details of administra- tive action necessary under the law, should appear in the reports of each department entrusted with the manage- ment of such matters. It is by orders'in-council that the acts of the legislature are disallowed by the governor-general, and proclamations to that effect must appear in the Canada Gazette. It is always competent for parliament by formal address to the governor-general to obtain possession of all orders in pursuance of law, and consequently a great numl)er of such documents are annually laid upon the table of the House for the information of members.- Parliament having delegated a certain legislative power to the executive has a right to review its action in all cases and judge whether it has exercised the functions strictly in accordance with law. In addition to the orders issued in pursuance of parlia- mentary authority by the privy council of Canada there also appear in the i^anada Gazette and the Canadian ' See "Coneolidatedorders-in-council of Canada published under the au- thority and direction of the governor-general." By H. H. Bligh, Q. C. 1889. Aloo orders at commencement of dominion statutes every year. ^ See svprn, 332. , I • ii I m !i ^r.? I N •'(! !i li i,i. I ?! 1 !■ 810 CKNER. I /. OliSEn I '.I TIONS. statutes from time to time, coitain iinporial or(l«'rs-in- »oun»il, applicable to the dominion, and necessary to bring various imperial enactments and treaties into ior ' 205 E. Hans. (3),12{»0; Wellington no?patchos, M Ser. vol. iv, pp.210, 21;!) 21.'j. It is competent, iiowever, for a minister to resign liis ollice at a lornial interview with tho sovereij^n or her rcpresentuiive Lewis, Administrations, 448, note. Walpole, Life of Perceval, ii., 2;'.4. '' Supra, 1 7") ot ^cf/. ' For instance, on the death of Sir K. Tache in 1805, Sir Narcisse Delleau was made premier. The former meinhers of the cabinet remained in ollice. See Tnrcotte, Canada, Sous I'l'nion, ii., "icrj, .■)(;♦>. On the death of Sir John Macdonald,in 1801, Mr. Ahhott, a member of the privy conncil and leader of the Senate, was appointed prenuer.and all membere of the former administration retained their otlices. See Can. Hans, commence- ment of vols., for 1890 and 1891, where there are list of ministers of each cabinet. For English cases: Liverpool administration on asi^assination of Mr. Perceval in 1812, Twiss, Life of Lord Eldon i., 493, 497; RusspII administration on death of Viscount I'almerston in ist)5, Ann. \ie^. (1865). 159; Disraeli administration on retirement of Earl of Derby in 1868, Totld, i.,240. L, 812 GENERAL OBSERVA TIOSS. 'I minister to vacate his seat in case he is re-appointed to an office he had resig-ned upon a change of ministry unh\sK some one else had been appointed and held the olfice in the interim. As stated by high authority " mi- nisterial offices are not vacated by a mere resignation but only on the appointment of a successor." ' The Canadian law, as shown elsewhere, provides only for a re-election in the case of a minister resuming office after he has resigned and a suci'essor in a new administration has occupied the same oilice." Members of a government are sworn in as privy councillors and lonsequently when a new cabinet is formed those men who have been previous to that event sworn in as members of the quei'Ji's privy council for Canada need not again take the oath of olhce which binds them to secrecy,' while acting in that capacity. Once privy councillors, they remain so until formally dismissed for good and sufficient cause by the Crown.' If reinstated then they must again bo sworn in as privy councillors. It will be seen from the foregoing brief review how largely the precedt'nts and conventions of the political constitution of England mould and direct the parliament- ary government of Canada. The written or fundamental law lays down only a few distinct rules with reference to ' See I.' Hutsoll, 45 note, 3!>4. ■•' SupTii, 177. ' "The nblinatioM of keeping; tlie Kind's couiLsel inviolal)ly set'ret i.s oiio that rests u pun all oahinet ininister.H and (Uher res|)onHil)lo advisors c^f the Crown, by vi'-tue of the oath which they take when they are mi le members of the privy rouncil." Todd, ii., 84. .See Ih. 83, 84. * Tor instanre, wlion Mr. Abbott was rhosen premier in 18!)1, on tin* death of .Sir .John Murdonald, it was not necessary for him to be .swnrn in, as he was already a meml>er of the privy council and of the cabinet iunstitutionally dis.soIved. ''Case of Mr. Fox, dismi.s.sed in 1798, and reinstated in 1800, .les.so. Geo. ill., vol. ill., pp. 301, 471'. Also of Lord Melville, resworn of tlic council, after his dismis.sal for alleged malfeasance in olllce. Haydn, Book of Dignitaries, 1;'>5. ■^^\' \\ aovKnyMEXT in caxada. 813 oiutod to ministry held tht^ rity "mi- ?signatiou »r." ' The only lor a olhco after iuistratiou overum*'iit usequently , have been )ers of the aiu take the vhile aetiug- ,y iviuaiu so icient canse List again be ri'view how the poUtieal pavliainent- it'iuulamental reference to Ibly sei-ret ia one Liino ailvisorrt of ]i i\jey lue mi \^' 181. ill iSOl.on ill'* Lm to l'« «^^""' liid of tlio eA\)iuel r«8Worn of U"' olUce. Uayl"' the executive and legislative authority in the dominion and the provinres, and leaves sulheient opportunity for the play and operation of those llexihle principles which have made the parliamentary government of luigland aiid of her dependencies so admirably suited to the develop- ment of the b«'st energies and abilities of a people. Like the common law of England itsell" the system of parliamentary government which Canadians now possess, —to apply the language of an eminent American publicist with respect to the common law — " is the outgrowth of the habits of thought and action of the people. Its maxims art; those of a fslurd) and independent race, accustomed in an unusual decree to livedom of thousiht and aition, and to a shave in the administration of public affairs ; and arbitrary power and uncontrolled authority are not recognised in its principh's." ' The law and custom of pinliament — to which this work has been mainly devoti'd, necessarily forms nn im- portant feature of the political system brielly outlined in the Hrst and the present chapter. It has already been shown thai the code of rules and usages which the Canadian legislatures possess has been mainly deri\ed from that gri'at system of convefitional law whi«h has been moulded and worked out by th«' experien«'e of cen- turies of the illustrious prototype of all representative and popular assemblit's throughout the world.-' Some changes have necessarily been made in the course of time by the Canadian assemblies in their methods of procedure, but on the whole, the main principlesof English parlianuMitary law have been retained in all their integrity and have had their due influence in shaping the parliamentary institutions of the country. By instituting a regular and - 1 I ' Conley, Constitntionrtl Tiiniitatioiis, pp. 'X}, \\^. •' l.ieber (hvelKs ii|X)n Purliniiu'utnry liaw us an nssontial vniHriuitoe of froiulom anil ono of the I'sjiecittl Kloiies of the Aniflimn race. Civil Lilierty, 15.3. ;» 8U GKM:RAL OliSERVA TIOSS. ordorly proct'duro for the transaction of public biisiuoss, by affording legitimate opportunities for the free expres- sion of opinion on every measure of importance, by pro- viding au effective machinery for amending and perfect- ing legislation, by preventing surprise and haste in the discussion of jiublic measures, by protecting a minority from the tyranny of a majority, by prevt»ntiug as Wx as possible unue<'essary excitement and the adoption of rash measures, by requiring that every motion shall be in writing and subject to certain rules b(»fore it can be passed — by conserving all these old and valued principles and usages ' the parliamentary procedure of Canada is suf- ficient to ensure that calm deliberation and caution whicli are absolutely esseutial for the conduct of public business. It says much for the Canadian legislatures that they have not yet been forced to adopt such rules of closure* as the English Commons have been obliged to adopt of late years on account of a persistent and revolutionary system of obstruction which practically stopped the progress of all public business. Neither have they ever discussed the expediency of introducing those special rules of pro- cedure which in the American c- igress stand in the way of effective legislation. Wii-ist recognising the advantages of stdect committees for the purpose of per- fecting details of legislation in special cases, they have never been prepared to delegate their powers gener- ally to such committees on every possible subject, and ' lief'enint: to tlie NivtioHiiI Assembly of Franco, Sir Samiiol Uoiiiilly ( Life i, 7">) say.s : " Miu-li of the violence wiiicli jjrevailed in tlio assembly vould liavo l>eeu allayeil an^'''»m.M,t by coin. that pnnoipl,. ol' IV..,. disc, '1: '" ,""*' "" '-■"■"^■■y L. *h" Ho„.se itseir whi.ht; T". T" !"" ""'^''-'^'iou every public question, a , .s ■-" "'" P"''"'' ""»d « •"s-»y.st.„ Of „ariia,„™::;x;vn;::'"r."" «'■"- «*"" ■■' '^»"' "' "'ne.s the i>ati,,u,, oT h "'1 '" '^''""'J''- ' ^ beou severely tried by the elllttT' •"''''"'"''''''"-•» '>- and the legitimate li „i„ ^'^^ «'.>-i„l,.„t parli»a„ship «eOeded. espeeially iu eommi r"'^''? '""'" '"'^■" ■»«■ h ha. been thought prelV.r,,:"'-::,.:' ""' "'hole, but .t 'omry ebullition, of politi 'll ° '«"°'^ '"'••'' '^'>"- to those old rules which ..it . ev r""'"' '""' '<> "'^''-'-^ cnttcism and in the end ^n ur, ' T "T'''""''^ '" ''■«■■ °" ""7 »"y-t of publi,. Irt!,:''''"":'"" "on,.lus on heeu already shown, the,,. 7 V T' ^' ''™^'«. it has meiit 7H ?., Tl.« i ^«n«»-^''^8 at work." \Vil.o„ ** ^""Krcss in ' See remarks of Mr. Ouinmf r >6x'taker,Ca,..Hans.l89j,Aug,I3. 1 * f I !■ ! I. n ii I I! 816 GENERA I OBSERVA TIOXS. dian representative assemblies are able to give the fullest expression of their will through Ihose rules of procedure which they have adopted from the old English code, and consequently their history illustrates both in this and other particulars, briefly reviewed in this chapter, how closely they adhere to those principles and methods of legislation and administration which have made Eng- land and her dependencies the freest self-governing com- munities of the world. m B. An Act respeotinjr tl>e , sf nl • . '^ /Canada (.•54-3.^; ;;7^ ,S]9 C. An Act to remove c-or ai n i^' i ' ^"'"'"'«" "'e Parliament oT'r,"''' ^^'''' '-''fx^o to V, «5D of Territori(.« ,yU-' r 'f^''^^'" <«*!'>» i„ „,,. ,. .-. .^(jo 2- ^""■'"■« ■•■> 'i.e c,„„„,„„ *•. '"'^''»"'<"" for .ie,„ai„,. of „;;;,:.•■ - ^ H I" orms of Motions '"*"»»«•.. K70 '■ ''"onus of l'eiiii„„g .' K7I Iv. Model BilJ f„r ij.,i.,.„ ,, ' »» 'or rew '; stand,,,, onw ; ^ irr :'-:::: "« '"«»»^iln,noni,,Pr ""''''"'■' '•''«^'**'y' Ki'i.Urt hikI (iiU'oiiH of the Unitod Kiii^^dom of (J roat Britain and Ireland. Doolftra- tidii of Union. Congtruo- lion of tub floquent Provision!) of Act . II. — UNroN. .'). It. shall ho hiwfid I'oi- tho (iiuioii, hy and willi the Advicoof Her .Majcsiy's Most llonoiirahlo I'rivy ('oiincil, to doclaro by Proclamation that, on and alter a I'ay therein appointed, not l)0'ni? more than Hix Months aflei- tho passing of this Act, tho l*it>\ inces of ( ';iiiala, Nova Scotia and Niw HrunswicU Hhall form and bo (Jno |)omi- nion under tho name of (>^inada ; and on and after that Day those Tlueo Provinces shall form and bo One Domi- nion undei- that Name accordingly. 4. The siihsequont Provisions ol this Acl Hhall, iiide-r n ". ' '"« '•'nioii. „ ..,.i...:. al)lo by (|„, ( ■''."'""' '>'<^'anada. I IVl- "'•» Advi.u a,. ' ' !:""^!''''' ^v'i(h .1 '"'. i'li-ohuion (^Kli "I'd (\)ii.sont of 't» V(!^/od in -11. ,1 a-.-M. .1. '.''"' «XOl Of III lio Ad Vl( »<' 'li« U()vi)rn(»i-( :r;::/'sr:S'T™".w p'^lljUIKllioil •ci.s- ^vitli (ho "'Moral individ >urs iJrita "^i.-!-A;.;:'rr/-:':Hwi,i, 'II i>V(tf (1,0 /'arj ;''■ 'lio ParJiani ";'"y, as (1,0 '' '"osijefr (o '/'« K//l/U/,on,, ( mioriii ""•'""HiniodaHrol rptorri..„ "'Jvortior to on- ntr t.^ "Jvortitj Cuuncil, in i ill I 1 1^ / I ii|:;l I vr^ 822 APPENDIX. Power to Her MaJmty (o MulnoriKo (Jovernor OenernI to appoint Doputiei. Commaml of unned Forcpo to (rontiniiu to bo vcHtcd in the Queen. Seat of Govorn- ment oC Canada. the Govornor-Gonoral acting by and with tlio Advico of tho (iucen'8 Privy Council lor ('unuda. 14. It Hhall 1)0 lawful for tho Quoon, if 1 1 or MaJoBty thiiilxH tit, to authorize tho (lovornor-fienoral from TImo to Time to aj)pointnny Poinon or any PersonH jointly or sovorally to he ins Deputy or DoputicH wiOun any Part or Pjiits of ('ana(hi, aniv..s,on.s :- Y.;:;';;„"'„ (2.) Quohoc; '"'""""" Provisions ;>t-T isA(.? :;?,^^'^'r"'>- -^imn (H i^o't t^r />y Tvyon ty-fo,,,. Sonato./ «n |7h ^^^ «^'"«to,s ; (^uob. C i wentv-ibur Senators. T^c vo h '*r'^'""' '''ovin os I v •In tho(;aseofQnol)o, cad, h I ^ '^''"^ 'Jriuiswick represent nir thjit J',.,„ ?' ""' ' wonty-ii,,,,. <'.' tl«e IVonty-four K'loct.nJ ,, • ^' "I»P'""»t'.l ll.r one of «<«tutes of ( -an^J;;'' ^' ''' ^"^"Pter One of Consolit^ (20 He sK; ^ '^^:j^^ r,'"''"^' ^'-- ^^'- r u Sub: t of ^ ^^^'^^ Subjo,-, .. tbe "n Act oftl.c Parliamon ^7 V ?»''"^''' ''''^^'l l>y Parliament of .irji ,''[;". /^'''''•''■''rorthi B;-' ».n ami Irolaml, or • L'V'''^':'V"» '"' <-'«at 01 the Provinces of Up n^r C n,.!/ ^'l''"'"''' "^' O"" Canada, x\ova ScotiaT jJCT "' '^•'^«'- Canada. Tenements held in ft-oe and P ""''' "i ^"'>^« o^' «e.^ecJ or possessed for his InT'""" f i^^'"^^- or Lands or tenements hd iinZ n m"^' "•'"^^^ ^^ tmo. within the Provi CO f,,j»,w?'^.°" '^•" '" J^o- oftho value of JW Thm, n'!?'""PP'''»fod, above all Ronts/D "/dX? rh^''"'^'^''^'- '^"'i and Incumbrancesdnn ru.^ ' . , ''"■^'««. Mortiraijos on or airectingSre .'•'"''''"'"'' '''"^'1^ I>ebts and Liabilities ;"' ^^^'' ""^ "^^ov^o his i i 1, ■ ; w WW'A IMAGE EVALUATION TEST TARGET (MT-3) ^ Z6 7a i.O I.I 1.25 If iM m lE 1^ 12.0 U IIIIII.6 6' V] <^ /] / Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) 872-4503 m II I. 1 p IJ ! 824 APPENDIX. Summons of Senator. (5.) Ho shall bo I'csident in the Province for which he is iippointcd ; (6.) In the Case of Quebec, he whall have his Eeal Pro- perty qualification in the JHectorai Division for wiiich he is appointed, or shall bo i-esident in that Division. 'i4. The Governor-General shall from Time to Time, in the Queen's JSTamo, by Instrument under the Gj-eat Seal of Canada, summon qualified persons to the Senate; and, subject to the Pi-ovisions of this Act, ever_y person so summoned shall become and be a Member of the Senate and a Senator. of Firs°"^ 25. Such persons shall be first summoned to the Senate Body of as the Queen b}' Wan-ant under Her Majesty's Eoyal Sign Manual thinks tit to approve, and their names shall be inserted in the Queen's Proclamation of Union. Senators. Addition of Senators in certain cases. 2G. If at any Time, on the Recommendation of the Governor-General, the Queen thinks fit to direct that Three or Six Members bo added to the Senate, the Gover- nor-General may, by Summons to Three or Six Qualified Persons (as the case may be), representing equally the Thi'oe Divisions of Canada, add to the Senate accordingly. 27. In case of such Addition being at any Time made, the Governor-General shall not summon any Person to the Senate, except on a further like Direction by the Queen on the like Recommendation, until each of the Three Divisions of Canada is represented by Twenty-four Senators, and no more. Maximuna 28. The Number of Senators shall not at any time ex- number of 1 C. , • 1 , Senators, ceed Sevonty-oight. SeT^ 29. A Senator shall, subject to the Provisions of this Senate. Act, hold his place in the Senate for life. Reduction of Senate to normal number. Resigna- tion of §laue in enate. 30. A Senator may, by writing under his hand, ad- dressed to the Governor-General, resign his place in the Senate, and thereupon the same shall be vacant. ^atum'o/" ^1- '^'^® place of a Senator shall become vacant in any Senators, of the following cases : — (1.) If for two Consecutive Sessions of the Parliament he fails to give hio Attendance in the Senate ; (2.) If he takes an Oath or makes a Declaration or Ac- knowledgment of Allegiance, Obedience or Adhc- BRITISH NORTH AMERICA ACT. 825 \v which he isKeiilPro- )ivision ibr idcnt in that 5 to Time, in 3 CrJ-eutSeiil Senate ; and, ■y person bo )V the Senate to the Senate jesty's Eoyal 1- names shall Union. idation of the to direct that ite, the Gover- i- Six Qualified ig equally the e accordingly. Ly Time made, any Person to icclion by the il each of the )y Twenty-four |at any time ex- )vision8 of this his hand, ad- [his place in the Ivacant. le vacant in any I the parliament the Senate ; Lclaration or Ac- bdience 01 Adho- renco to a Foreign Powei-, or does an Act whereby he 'becomes a Subject or Citizen, or entitled to the Eights or Privileges of a Subject or Citizen of a Foreign Power ; (3.) If he is ddjutlged Bankrupt or Insolvent, or applies lor the benedt of any Law relating to Insolvent debtors, or becomes a public defaulter ; (4.) If he is attainted of Treason, or convicted of Felony or of any infamous Crime; (5.) If he ceases to be qualitied in respect of Property or of Eesidence ; provided that a Senator shall not be deemed to have ceased to be qualilied in respect of Eesidence by reason only of his reniding at the Seat of Government of Canada while holding an Office under that Government requiring his Pre- sence there. 32. When a vacancy happens in the Senate by Eesig- Summons nation, Death or otherwise, the Governor-General shall, -"/sg^ale.^ by Summons to a tit and qualided Person, fill the Va- cancy. . . ^ Qupstions 33. If any Question arises respecting the Qualification us to quaii- of a Senator or a Vacancy in the Senate, the same shall ami vncan- be heard and determined by the Senate. oies in Senate. 34. The Governor-General may from Time to Time, Appoint- by Instrument under the Great Seal of Canada, appoint Jfpeaker of a Senator to be Speaker of the Senate, and may remove Senate, him and appoint another in his stead. 35. Until the Parliament of Canada otherwise prov ides. Quorum of the Presence of at least Fifteen Senators, including the Speaker, shall be necessary te constitute a Meeting of the Senate for the exercise of its Powers. 36. Questions arising in the Senate shall be decided by voting in a majority of Voices, and the Speaker shall in all Cases Senate. have a vote, and when the voices are equal the Decision shall be deemed to be in the Negative. The House of Commons, 3*7. The House of Commons shall, subject to the Provi- constitu- sions of this Act, consist of One hundred and eighty-one ][^«^g"J^,f Members, of whom Eighty-two shall be elected for On- Commons tario, Sixty-five for Quebec, Nineteen for Nova Scotia, "» ^''"''''*- and Fifteen for New Brunswick. ill * If 'HI '■ \ I 1 \ 826 APPENDIX. Summon- ing of House of Commons. 38. Tho Governor-General shall fi-om Time to Time, in the Queen's name, by Instrument under the Great Seal of Canada, summon and call together the House of Com- mons. Senators . 39. A Senator shall not be capable of being elected, or House of '"f^f •'fitting or voting as a Member of the House of Com- Commous. mons Electoral Districts of the four Provinces. 40. Until the Parliament of Canada otherwise provides, Ontario, Quebec, Xova Scotia and New Brunswick shall, for the Purposes of the Election of Members to serve in the House of Commons, be divided into Electoral Dis- tricts as follows : — I.— ONTAEIO. Ontario shall be divided into the Counties, Eidings of Counties, Cities, Parts of Cities, and Towns enumerated in the First Schedule to this Act, each whereof shall be an Electoral District, each such District ,s numbered in that Schedule being entitled to return One Member. !-:S!: II.— QUEBEC. Quebec shall be divided into Sixty-five Electoral Dis- ricts, composed of the Sixty-five Electoral Divisions into which Lower Canada is at the passing of this Act divided under Chapter Two of the Consolidated Statutes of Can- ada, Chapter Seventy-five of the Consolidated Statutes for Lower Canada, and the Act of the Province of Canada of the Twenty-third year of the Queen, Chapter One, or any other Act amending the same in force at the Union, so that each such Electoral Division shall be for the Purposes of this Act an Electoral District entitled to return One Member. III.— NOVA SCOTIA. Each of the Eighteen Counties of Nova Scotia shall be an Electoral District. The County of Halifax shall be entitled to return Two Members, and each of the other Counties One Member. IV.— NEW BEUNSWICK. Each of the Fourteen Counties into which New Bruns- wick is divided, including the City and County of St. John, shall be an Electoral District. The City of St. John BRITISH NORTH AMERICA ACT. 827 J to Time, in Q Great Seal ouse of Com- ig elected, or ouse of Com- prise provides, mswick bhall, M's to serve in Electoral Dis- ies, Eidiugs of 119 enumerated bereof shall be b B numbered One Member. > Electoral Dis- l Divisions into his Act divided itatutes of Can- ned Statutes for ce of Canada of ,ter One, or any t the Union, so ■or the Purposes to return One , Scotia shall be Halifax shall be fch oi the other lich New Bruns- k County of St. [City of St. John shall also be a separate Electoi-al District. Each of those Fifteen Electoral Districts shall bo entitled to return One Member. 41. Until the Parliament of Canada otherwise provides, Continu- all Laws in force in the several Provinces at the Union exfsUng relative to the following Matters or any of them, namely, Kiection _ — the Qualifications and Disqualifications of Persons to be Padfament elected or to sit or vote as Mombei-s of the House of As- °|,^''"''-'^" sembly or Legislative Asseml>ly in the several Provinces, provides." the Voters at Elections of such Members, the Oaths to be taken by Voters, the Eoturniii,^ Ofticers, their Powers and Duties, the Proceedings at Elections, the Periods during which Elections may be continued, the Trial of Contro- verted Elections and Proceedings incident thereto, the vacating of Seats of Members, and the Execution of new Writs, in case of Seats vacated othoi-wisc than by Disso- lution, — shall respectively apply to Elections of Members to serve in the House of Commons for the same several Provinces. Provided that, until the Parliament of Canada other- proviso as wise provides, at any Election for a Member of the House '" Aigomu. of Commons for the District of Algoma, in addition to Persons qualified by the Law of the Province of Canada to vote, evei'y male British Subject, aged Twenty-one Years or upwards, being a Householder, shall have a Vote. 42. For the First Election of Members to serve in the Writs for House of Commons, the Governor-General shall cause 1^^^^.^;^^^^ Writs to be issued by such Person, in such Form and ad- dressed to such Eeturning Officers as he thinks fit The Person issuing Writs under this Section shall have the like Powers as are possessed at the Union by the Officers charged with the issuing of Writs for the Election of Members to servo in the respective House of Assembly or Legislative Assembly of the Province of Canada, Nova Scotia or New Brunswick , and the Eeturning Officers to whom Writs are directed under this Section shall have the like Powers as are possessed at the Union by the Offi- cers charged with the returning of Writs for the Election of Members to serve in the same respectivo House of As- sembly or Legislative Assembly. 43. In case a vacancy in the Eepresentation in thoAsto House of Commons of any Electoral District happens ^"J^^j^^^'^.^g before the Meeting of the Parliament, or after the Meet- ing of the Parliament before Provision is made by the t] 1 ' i 'J 1^ M 1, '; 1 1 ! ■'■> ■ : ( pi 828 APPENDIX. As to Elec- tion of Speaker of Kouso of Commoii?. As tofilliiiK up Vacancy in Oflico of Speaker. Speaker to preside. Provision in case of absence of Siieaker. Parliament in this behalf, the Provisions of the last foi •• going Section of tliis Act shall extend and apply to the issuing and returning of a Writ in respect of such vacant District. 44. The House of Commons, on its first assembling after a general Election, shall proceed with all practicable speed to elect One of its Members to bo Speaker. 45. In case ol" a Vacancy happening in the OlHco of Speaker, b}^ Death, Ilesignation or otherwise, the House of Commons shall, with all practicable Speed, proceed to elect another of its Members to be Speaker. 4n. The Speaker shall preside at all meetings of the House of Commons. 47. Until the Parliament of Canada otherwise provides, in case of the Absence, for any IJeason, of the Speaker from the Chair of the House of Commons for a period of Forty-eight Consecutive Hours, the House may elect another of its Members to act as Speaker, and the Mem- ber so elected shall, during the Continuance of such Ab- sence of the S|)eaker, have and execute all the Powers, Privileges and Duties of Speaker. 48. The Presence of at least Twenty Members of the House of Commons shall be necessai-y to constitute a Meeting of the House for the Exercise of its Powers ; and for that Purj)Ose the Speaker shall be reckoned as a Member. 49. Questions arising in the House of Commons shall be decided by a Majority of Voices other than that of the Speaker, and when the Voices are equal, but not other- wise, the Speaker shall have a Vote. Duration of 50. P^very Housc of Commons shall continue for Five Commons. Years from the day of the Eeturn of the Writs for choos- ing the House (subject to be sooner dissolved by the Governor-General), and no longer. Decennial 51 On the Completion of the Census in the Year one ufenl;''"!' thousand eight hundi-ed and seventy-one, and of each Represent- subsequent decennial Census, the Representation of the Four Provinces shall be readjusted by such Authority, in such a manner, and from such time as the Parliament of Canada from Time to Time provides, subject and ac- cording to the following Kules : — (1.) Quebec shall have the fixed Number of Sixty-five Members ; Quorum of House of Commons. Voting in House of Commons. BRITISH NORTH AMERICA ACT. 829 •tholast foi '■ apply to the )f Huch vacant st assembling all practicable )oaker. n the Office of rise, tbe House ocd, proceed to sr. lootings of the M-vvise provides, of the Speakcv 8 for a period of Duse may elect v, mid the Mem- anco of such Ab- uU the Powers, Members of the to constitute a , of its Powers; je reckoned as a Commons shall . than that of the il, but not other- eontinue for Five b Writs for choos- dissolvcd by the j in the Year one pne, and of each l-esentation of the such Authority, xs the Parliament ^, subject and ac- iber of Sixty-five (2.) There shall be assigned to each of the other Pro- vinces such a number of Memliers as will boar the same Proportion to the Nun.bor of its Population (ascertained at such Census) as the Number Sixty- five bears to the Number of the Population of Quebec, (so ascertained) ; (3.) In the Computation of the Number of Members for a Province, a Iractional Part not exceeding One- half of the whole number roquisito for oiititliiig the Province to a Membei- shall bo disregarded ; but a fractional Part exceeding One-hall"of that number shall be equivalent to the whole number ; (4.) On any such Eeadjustnient the Number of Mem- bers for a Province shall not be reduced unless the Proportion which the number of the Population of tiie Province bore to the Number of the aggregate population ot Canada at the then last preceding Eeadjustment of the Number of Members for the Province is ascertained at the then latest Census to be diminished by One twentieth Part or up- wards ; (5.) Such Eeadjustment shall not take effect until the Termination of the then existing Parliament. 52. The Number of Members of the House of Commons increase of may be from Time to Time increased by the Parliament ""'"•>«'■ of of Canada, provided the proportionate Eepresentation ofcomnnns. the Provinces prescribed by this Act is not thereby dis- turbed. Money Votes ; Royal Assent. 53. Bills for appropriating any part of the Public Ee- Approprf- venuo, or for imposing any Tax or Impost, shall originate xax^BUis. in the House of Commons. 54. It shall not be lawful for the House of Commons to Recom-. adopt or pass any Vote. Eesolution, Address, or Bill for^f^^cney" the appropriation of any Part of the Public Eevenue, or votes. of any Tax or Impost, to any purpose, that has not been tirst recommended to that House by Message of the Gov- ernor-General in the Session in which such Vote, Eeso- lution, Address, or Bill is proposed. 55. Vhere a Bill passed by the Houses of Parliament Royal is presented to the Governor-General for the Queen's ^ffi^yo" Assenc, he shall declare, according to his discretion, but subject to the Provisions of this Act and to Her Majesty's ^'l ' ;; iJi m I ' li Iiiaallow- anoe by Order in Council of Act assent- ed to by Governor General. Significa- tion of Queen's pleasure on Bill reserved. 830 APPENDIX. Instructions, oithor that he assents thereto in the Queen's Name, or that he withholds the Queen's Assent, or that he reserves the Bill for th( Signification of the Queen's Pleasure. 56. Where the Governor-General assents to a Bill in the Queen's Name, he shall by the first convenient Op- portunity send an authentic Copy of the Act to One of Her Majesty's Principal Secretaries of State, and if the Queen in Council witiiin Two Years after receipt thereof by the Secretary of State thinks fit to disallow the Act, such Disallowance (with a certificate of the Secretary of State of the Day on which the Act was received by him) being signified by the (Jovernor-General, by speech or Message to each of the Houses of the Parliament or by Proclamation, shall annul the Act from and after the Day of such Signification. 57. A bill reserved for the Signification of the Queen's Pleasure shall not have any Force unless and until within Two Years from the day on which it was presenied to the (rovernor-Creneral for the Queen's Assent, the Governor- General signifies, by Speech or Message to each of the Houses of the Parliament or by Proclamation, that it has received the assent of the Queen in Council. An Entry of every such Speech, Message, or Proclama- tion shall be made in the Journal of each House, and a Duplicate thereof duly attested shall be delivered to the proper officer to be kept among the Eecords of Canada. 1 V. — PROVINCIAL CONSTITUTIONS. Executive Power. meSt of" 58. For each Province there shall be an Officer, styled Lieutenant the Lieutenant-Governor, appointed by the Governoi-- ofpro-*"^* General in Council by Instrument under the Great Seal vinces. of Canada. Tenure of 59. A Lioutenant-Governor shall hold Office during the Lieutenant Pleasure of the Governor-General; but any Lieutenant- Governor. Governor appointed after the Commencement of the First Session cf the Parliament of Canada shall not be remov- able within Five Years from his Appointment, except for cause assigned, which shall be communicated to him in Writing within One Month after the Order for his Ee- moval is made, and shall be communicated by Message to the Senate and to the House of Commons within One Week thereafior if the Parliament is then sitting, 11 i BRITISH NORTH AMERICA ACT. 831 1 the Queen's jsent, or that [• the Queens ^B to a BilUn anvenient up Act to One ot ae, and if the ,eceipt thereof allow the Act ,e Secretary ot ceWed by him) by »pcech or avliament or by ; and after the ,„ of tbe QueeiVs ,,nd until within ■ presented to the I the Governor- .e to each ot the Nation, that It haB incil. ,a2:e,orProclaina- 1th' House and a ,e delivered to the ,c„rdB of Canada. CIONS. lean Officer, Styled IV the Governor- Uer the Great Seal lid Office during the I f .mvLieutenant- hme^toftheFirst P not be i^mov- lintment, except toi Unicated to h.m m L Order for his Ee- fnicated by Messa^« If Commons withm lent is then sitting, and if not then, within One Week after the Commence- ment of tl\e next Session of the Parliament. 60. The SahiricH of the Lieutenant-Governors shall be Sninries of fixed and provided by the Parlitiment of ( ^iinada. Krnore! 61. Every Lieutenant-Governor shall, before assuming oaths.A'o. the Duties of his office, raiike and subscribe before the"*" !-'"'"'«'>'' Governor-Gen ei-al or some Person siuthorized by him, °'°"'"'"" Oaths of Allegiance and Office similar to those taken by the Governor-General. 62. The Provisions of this Act referring to the Lieu- Appiicatioi tenant Governor extend and apply to the Lieutenant- sw,[15°refrf. Governor for the Time being of each Province or other ''."b to the Chief Executive Officer or Administrator for the Time GOTerX?* being carrying on the (Jovernment of the Province, by whatever Title he is designated. 63. The Executive Council of Ontario and Quel)ec shall Appoint- , I /. 1 i-» , 1 T • ,1 inont 01 be composed ot sucli Persons as the Lieutcnant-dovernor Executive from Time to Time thinks fit, and in the tirst instance of olHifrkiaiKi the following Officers, namely, the Attorney-General, the Quebec. Secretary and Registrar of the Province, the Treasurer of the Province, the Commissioner of Crown Lands, and the Commissioner of Agriculture and Public Works, within Quebec, the Speaker of the Legislative Council and the Solicitor-General. G4. The Constitution of the Executive Authority in Executive each of the Provinces of Nova Scotia and New Brunswick "jenTof shall, subject to the Provisions of this Act, continue as Nova Scotia it exists at the Union, until altered under the Authority Bru^wTck of this Act. 65. All Powers, Authorities, and Functions which under Powers to any Act of the Parliament of Great Britain, or of theoK,edby Parliament of the United Kingdom of Great Britain and Lieutenant Ireland, or of the Legislature of Upper Canada, Lower of'ontarFo Canada, or Canada, were or are before or at the Union ^r.^^uebec^^ vested in or exerciseable by the respective Governors or or alone. Lieutenant-Governors of those Provinces,with the Advice or with the Advice and Consent, of the respective Execu- tive Councils thereof, or in conjunction with those Coun- cils or with any Number of Members thereof, or by those Governors or Lieutenant-Governors individually, shall, as far as the same are capable of being exercised after the Union in relation to the Government of Ontario and Quebec respectively, be vested in and shall or may be V. hM\ '■\ I 'itiilP 832 APPENDIX. oxei'cised by the Lieut cnant-(rovoi'iioi' of Onta'':»o and Quohec rospoctivoly, with llio Advico, or with thoAdvuco jviid CoiiKont of, or in coiijiinclion with I ho i'(.'8j)octivo Exofutivo Councils or any McmborH thereof, or by the Licuteniint-Governor individually, as the case requires, subject nevertheless, (except with respect to such as exist under Acts of the Parliament of (rreat Britain, or of the Parliament of the United Kin^fdom of (Ireat Britain and Ireland), to bo abolished or altered by the respective Le- j^islatures of Ontario and (Quebec. Uon of*" ^*'- '^^^ Pi'ovisions of this Act referring to the Liouten- provisions ant-Govornor in Council shall bo construed as refer rin<;- to Lieutenant" the Lioutenant-Governor of thePj-ovince acting by and Governor in with thc Advico of tho lOxocutlvo Council thereof. UoUDOll. traUon'ln ^*^' ^^^ Covornor-Gcneral in Council may from Time absence, to Time appoint an Administi-ator to execute the Office Lieutenant ^^^ Functions of Lieutenant-Governor during his Ab- Governor. sence, lUnoss, or other Inability. Soiits of Provincial Govern- mout. G8. Unless and until the Executive Government of any Province otherwise directs with respect to that Province, the Seats of Government of the Provinces shall be as fol- lows, namely, — of Ontario, the City of Toronto ; of Que- bec, tho City of Quebec; of Nova Scotia, the City of Halifax; and of New Brunswick, the City of Fredericton. JJeyislative Power. 1.— ONTAEIO. Legislature 69. There shall be aLegislatui-e for Ontario, consisting for Ontario, of the Lieutenant-Governor and of One House, styled the Electoral Districts. Legislative Assembly of Ontario. 70. The Legislative Assembly of Ontario shall be com- posed of Eighty-Two Members, to be elected to represent the Eighty-two Electoral Districts set forth in the First Schedule to this Act. 2.— QUEBEC. Le^siature ^^' There shall be a Legislature for Quebec, consisting for Quebec, of the Lieutenant-Governor and of Two Houses, styled the Legislative Council of Quebec and the Legislative Assembly of Quebec. Constitu- '72. The Legislative Council of Quebec shall be com- Legisiative posod oI'Twenty-four Members, to be aj^pointed by tho Coanoil. On1o'-o ftud 1j thoA*lvico lO roripoctivo ;)f, or l>y the tise rc(inirej», , Buch an exist •ain, or of tho it Britiiin and roi^puct'i'^'*^ Ijc- tothoLiouten- as referring to acting by and thoreoi'. ^uy from Tune tclio the Office during ill'* ■^"' vernmentofany to that Province es shall be as fol- roronto-, of Que fotin, the City of y ofFi-edencton. ^ntario, c'onf f "^1 iHouse, styled the [ario shall be com- beted to represent forth in the First luebec, consisting JO Houses, styled the Legislative ,ec shall be com- 1 appointed by the BRITISH NORTH AMERICA ACT. 888 Lit'iitonant-Ciovernor in tlie Qufon's Name liy Instrument under tho (ireat Soul ot'Ciuolioc, ono boiiii;' aiipointod to represent oai'h of tho Twenty-four I'^lcctoral Divisions of Lower Canada in tliis Act rofcned to, and o:udi holdini^ Office for the Term of his life, unloss tiie Lotjislaluro of Quebec otherwise providos under the Provisions of this Act. 73. Tho Qualilications of the Legishitive Councillors of Uni'iitica- Queboc bhali be tho same as those of tho Senatoi's for L"Ki"/.,tivo Quebec. [org"°'"' 74. The Place of a Logislativo Councillor of Quobec He.'iKnii- shall become vacant in the Cases, mutatis mutandis, in Jiu.lVinea-' which the Place of Senator becomes vacant. tion.&o. 75. When a vacancy happens in the JjCgislative Council Vacancies, of Quebec by Eesignation, Death or otherwise, tho Lieu- tenantCJovernor, in the Queen's Name, by Instrument under the (Ireat Seal of Quebec, shall appoint a tit and qualified Person to till the Vacancy. 76. If any Question arises respecting tho Qualification Questions of a Legislative Councilloi- of Quebec, or a vacancy in canui^sj^jio. the Legislative Council of Quebec, the same shall be heard and detarmined by tho Legislative Council. 77. The Lieutenant-Governor may, from Time to Time, Speaker of by Instrument under the Croat Seal of Quebec, appoint counolh'^^ a Member of tho Legislative Council of (Quebec to be Speaker thereof, and may remove him and appoint another iu his Stead. 78. Until the Legislature of Quebec otherwise pro- Quorum of vides, the Presence of at least Ton Members of tho Legis-councU.'^^ lative Council, including the Speaker, shall be necessary to constitute a Meeting for the Exercise of its Powers. 79. Questions arising in the Legislative Council ofQue- voting in bcc shall be decided by a Majority of Voices, and ^he ^egjsiative Speaker shall in all cases have a Vote, and when the Voices are equal, the Pecision shall bo deem 3d to be in tho negative. 80. The Legislative Assembly of Quebec shall be com- constitu- posed of Sixty-five Members, to be elected to represent ^jj^^j^f^tj^g tho Sixtv-fivo I'jlectoral Divisions or Districts of Lower Assembly Canada In this Act referred to, subject to Alteration ''^^''''''^°" thereof by the Legislature of Quebec : Provided that it 53 f !■ Ml I h\ I I !:■■ 1 !i ;--ii f<4\l 834 APPEND IX. shall not bo lawful to prescMil to tlie Liotitonniif-Oovoriioi' of'(iiu'l)oc for Assoiil iiny IJill i'or iiltciiii^ tlio fiiinitH of any of tho I'llcctoral ^)i visions or J)ist rifts nioiitioned in the SocoiuJ Sc'hcchilo to this Act, imiIcsh tho Socoiid and Third lJe:idin,ifs of such Hill have liecn ])usscd in tho Lc;- ^ishitive Assomhiy witli the Coiicnrrorico of tho Majority of the Menihors rcjtrcscntiiii,^ all th(l hI in l\»o T^"- ll»c Mtv,\onty „,.a Divisions ,rivon to such T.v uu^ Lcj;'^; ':c. cAivoly X Months ivttei oundofQuol>oc W.ue suuvmon . of tl^« ^ ^"' ably .,,l'Quobec,olboi"- liiuoinOnfanoor : Vnul or Amount LU shullnot be o^^i- ^ Assembly ot il *^ vote us such -, but . .'ble uny V^^^ n.W of tbo vcBvec^ Lnnt^oiftces^tbut L,l, Secrotuvy ana y ionor of AS'-^«^ - P'^buobolding Lio and Qtiebcc ve- Iwbvebattnu,*^ Ivoiv relative to tlie Kl)0 elected or hbly of Canada, the Qualifications or Disciualifioulions of Votorn, tho Oiitlis to lin tiiktin by Voters, the Ueliiiiiin^^ Otlicers, tlioir I'ovvors and Duties, tlie rrococdiiiLCs a( I'-lectloiis, the Periods durin<; wliich such I'llections may he contiiuied, and the trial of Controverted Elections und tlie Procc^edings inci- dent, tliereto, the vaciitini,^ of tiio Seats of Meniliers. and tlie i>siiin^ and execution of new Wiits in case of Seatn vacated othei-wise than hy Dissolution, shall resnoctivoly a])ply to I'llcctions of Menihors to servo in the re.s[)ectivo Le^islativo As.senihlies oi' Ontario and (^uehec. Provided tliat uiiiil the Le^-islature of Ontario otlior- \viso |)rovih Suhject a^'cd Twenty- one Years or upwaixls, heing a llouseh(diler, shall have a Vote. 85. Every Legislative Assemhly of Ontario and every miration of I»"ruui,&c. the Legislative Assemblies of Ontario and Quebec, that is to say, — the Provisions relating to the Klection of a Speaker originally and on Vacancies, the Duties of the Speaker, the Absence of tiie Speaker, the Quorum, and the Mode of Voting, as if those Provisions were hero re- enacted and made applicable in terms to each such Legis- lative Assembly. 4._N0VA SCOTIA AND NEW BKUNSWICK. 88. The Constitution of the Legislature of each of the ^{^^,^1%^' Provinces of Nova Scotia and New Brunswick shall, sub- Legisia- joct to the Provisions of this Act, continue as it exists at j^ov^ygotia the Union until altered under the Authority of this Act; and New " ' lirunswiok. t u u % i I If I '1 First elections. h m Applica- tion to Legisla- tures of provisioni^ respecting money votes, &o. i\ tmm Legislative Authority of Parlia- ment of Canada. 836 APPENDIX. and the House of Assembly of New Brunswick existing at the passing of this Act shall, unless sooner dissolved, continue for the period for which it was elected. 5.— ONTAEIO, QUEBEC AND NOVA SCOTIA. 89. Each of the Lieutenant-Governors of Ontario, Que- bec, and Nova Scotia, shall cau^se Writs to be issued for the first Election of Members of the Legishitive Assembly thereof in such Form and by such Person as he thinks fit, and at such Time and addressed to such Eeturning Officer as the Governor-General dii'ects, and so that the iirst Elec- sion of Member of Assembly for any Electoral Disti-ict or any Subdivibion thereof shall be held at the same Time and at the same Places as the Election for a Member to serve in the House of Commons of Canada for that Elec- toral District. 6.— THE FOUE PEOVINCES. 90. The following Provisions of this Act respecting the Parliament of Canada, namely, — the Provisions relatin;'- to Appropriation and Tax Bills, the Eecommendation of Money Votes, the Assent to Bills, the Disallowance of Acts and the Signification of Pleasure on Bills reserved, — shall extend and apply to the Legislatures of the several Provinces as if those Provisions were here re-enacted and made applicable in Terms to the respective Provinces and the Legislatures thereof, with the Substitution of the Lieutenant-Governor of the Pi'ovince for the Governor- General, of the Govei'nor-General for the Queen, and for a Secretarv of State, of One Year for Two Years, and of the Province for Canada. VI. — DISTRIBUTION OV LEGISLATIVE POWERS. Powers of the Parliament, 91. It shall be lawful for the Queen, by and Avith the Advice and Consent of the Senate and House of Commons, to make Laws for the Peace, Order and Good Government of Canada in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces ; and for greater certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwith- standing anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to all lijili. .':|:|J BRITISH NORTH AMERICA ACT. 837 «l ■k existing 1- disBolved, ed. SCOTIA. )ntavio, Quc- )c issued for ve Assembly ho thinks fit, rnini^ Officer thetirstKlec- al District or ^e s^ame Time . a Kcmber to for that Elec- ts. .respecting the risions velatini^ .ramendation ot Disallowance ot L Bills reserved, feeot'thesevera I re-enacted and |e Provinces anu Btitution of the the Governor- , Queen, and for ro Years, and ot POWERS. bv and with the -ise of Commons lood Government Iming within the Ixclusivelytothe Ireater certainty, of the foregoing; £dthat(notwith- Uve Legislative fa extends to all Matters coming within the Classes of Subjects next here- inafter enumerated, that is to say : — 1. The Public Debt and Property. 2. The Eogulatiou of Trade and Commerce. 3. The liaising of Money by any Mode or System of Taxation. 4. The borrowing of Money on the Public Credit. 5. Postal Service. 6. The Census and Statistics. 7. Militia, Military and Naval Service and Defence. 8. The fixing of and providing for the Salaries and Al- lowances of Civil and other Officers of the Gov- ernment of Canada. 9. Bettcons, JJuoys, Lighthouses and Sable Island. 10. Navigation and Shipping. 11. (Quarantine and the Establishment and Maintenance of Marine Hospitals. 12. Sea Coast and Inland Fisheries. 13. Ferries between a Province and any British or Foreign Country, or between Twc Provinces, 14. Currency and Coin.age. 15. Banking, Incoiporation of Banks and the Issue of Paper Money. 16. Savings Banks. 17. Weights and Measures. 18. Bills of Exchange and Promissory Notes. 19. Interest. 20. Legal Tender. 21. Bankruptcy and Insolvency. 22. Patents of Invention and Discovery. 23. Copyrights. 24. Indians and Lands reserved for the Indians. 25. Naturalization and Aliens. 26. Mai'riage and Divorce. 27. The Criminal Law, except the Constitution of the Courts of Criminal Jurisdiction, but including the Procedure in Criminal Matters. 28. The Establishment, Maintenance and Management of Penitentiaries. 29. Such Classes of Subjects as are expressly excepted in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legisla- tures of the Provinces. I 1 t. ; I ^ 4 *l 838 APPENDIX. mw\ Bv,:! 1 i And any Matter coming within any of the Classes of Subjects enumerated in this Section shall not bo deemed to come within the Class of Mattel a of a local or private Nature comprised in the Enumeration of the Clauses of Subjects by this Act assigned exclusively to the Legisla- tures of the Provinces. Exclusive Powers of Provincial Legislatures. Subjects of exclusive Proviriclal Legisla- tion. 92. In each Province the Legislature may exclusively make Laws in relation to Matters coming within the Classet' of Subjects next hereinafter cnumciated ; that is to say : — 1. The Amendment fiom Time to Time, notwith- standing anything in this Act, of the Constitu- tion of the Province, except as regards the Office of Lieutenant-Governor. 2. Direct Taxation within the Province in order to the raising of a Eevenue for Provincial Pur- poses. 3. The borrowing of Money on the sole Credit of the Province. 4. The Establishment and Tenui-e of Provincial Offices, and the Appointment and Payment of Provincial Oflicers. 5. The Management and Sale of the Public Lands belonging to the Province, and of the Timber and Wood thereon. 6. The Establishment, Maintenance, and Manage- ment of Public and Eeformatory Prisons in and for the Province. 7. The Establishment, Maintenance, and Manage- ment of Hospitals, Asylums, Charities and Eleemosynary Institutions in and for the Pro- vince, other than Maiine Hospitals. 8. Municipal Institutions in the Province. 9. Shop, Saloon, Tavern, Auctioneer, and other Licenses, in order to the raising ofaKevenue for Provincial, Local, or Municipal Purposes. ^U, Local Works and Undertakings, other than such as are of the following Classes, — a. Lines of Steam or other Ships, Railways, Canals, Telegraphs, and other Works and Undertak- ings, connecting the Province with any other or others of the Provi.ices, or extending beyond the Limits of the Province : b. Lines of Steamships between the Province and any British or Foreign Country : ijlii BRITISH NORTH AMERICA ACT. 839 e Classes of t be deemed il or private e Claasos of the Lcgiela- ^tures. y exclusively r within the 'ated -, that is ime, noiwith- tho Constitu- j regards the ce in order to I'ovincial Pur- \e Credit of the , of Provincial nd Payment of e Public Lands of the Timber , and Manage- ' Prisons in and s and Mauage- Charities and nd for the P»o- Itals. Vmce. [or, and other L, oi' a Revenue [pal Purposes, 'ather than such tilways, Canals, land Undertak- Lith any other [tending beyond province and c. Such Works as, although wholly situate within the Province, ai'e before or after their Execution declared b}^ the Parliament of Canada to be for the general Advantage of Canada or foi- the Advantage of Two or more of the Provinces. 11. The Incorporation of Companies with Provincial Objects. 12. The Solemnization of Marriage in the Province. 13. Property and Civil Eights in the Province. 14. The Admiiiistratiou of .Justice in the Province, including the Constitution, Maintenance, and Organization of Proviiu-ial Courts, both of Civil and of Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts. 15. The Imposition of Punishment by Fine, Penally, or Imprisonment for enforcing any Law of the Province made in relation to anj'^ Matter com- ing within any of the Classes of subjects enume- rated in this Section. 16. Generally all niattei-s of a merely local or private nature in the Province. Education. 93. In and foi-each Province the Legislature may ex- Legislation clusively make Laws in relation to Education, subject and respecting ,•'' . ,1 r. u . n • • ' . "^ education. according to the lollowing Provisions : — (1.) Nothing in any such Law shall prejudicially affect any Right or Privilege 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 Union by Law conferred and imposed in Upper Canada on the Separate Schools and School Trustees of the Queen's Roman Catholic Sub- jects, shall be and the same are hereby extended to the Dissentient Schools of the Queen's Protes- tant and Roman Catholic Subjects in Quebec; (3.) Where in any Province a S^'stom of Separate or Dissentient Schools exists Ij}' Law at the Union or is thereafter established by the Legislature of the Province, an Appeal shall lie to the Gov- ernoi'-General in Council from any Act or Deci- sion of any Provincial Authority att'ecting any Right or Privilege of the Protestant or Roman Catholic Mii.-"'^v of the Queen's Subjects in re- lation to Education ; m I'. ' ■ r - _■ ■ ; li ■ ■ : . •-■ S- f\ li i: 840 APPENDIX. r ■' :,j \ hi i 5 ;i M i! 'ii ili 1 I !''pir ■.!•: !!'I1 Legislation for uni- formity of laws in three Provinces. (4.) In case any such Provincial Law as from Time to Time tseems to the fiovernor-( ienoral in Coun- cil requisite for the due Execution of the Provi- sions of this Section is not made, or in case any Decision of the Goveinor-Geiieral in Council on any A])peal under this Section is not duly ex- ecuted by the proper Provincial Authority in that behalf, then and in every such case, and as far onl}' as the circumstances of each case re- quire, the Parliament of Canada may make re- medial Laws for the due Execution of the Provisions of this Section, and of any Decision of the Governor-Oieneral in Council under this Section. Uniformity of Laws in Ontario, Nova Scotia and New Bnmsioick. 04. Notwithstanding anything in this Act, the Parlia- ment of Canada may make Pi'ovision for the Uniformity of all or :iny of tlie Laws relative to Property and Civil Eights in Ontario, Nova Scotia and New Brunswick, and of the Procedure of all or any of the Courts in those Three Provinces, and from and after the passing of any Act in that behalf, the Power of the Parliament of Canada to make Laws in relation to any matter comprised in any such Act shall, notwithstanding anything in this Act, he unrestricted ; but any Act of the Parliament of Canada making Provision for such Uniformity, shall not have effect in any Pi'ovinoe unless and until it is adopted and enacted as Law by the Legislature thereof. Aijriciilture and Immigration. Concurrent 95. In each Provinc^ the Legislature ma}'' make Laws FegTslation in relation to Agriculture in the Province, and to Immi- respecting gration into the Province; and it is hereby declared that agricu "re.^j^^ Parliament of Canada may from Time to Time make Laws in relation to Agriculture in all or any of the Pro- vinces, and to Immigration into all or an}' of the Pro- vinces ; and any Law of the Legislature of a Province, relative to Agriculture or to Immigration, shall have atfect in and for the Province as long and as far only as it is not repugnant to any Act of the Parliament of Canada. VII. — JUDICATURE. Appoint- 96. The Governor-General shall appoint the Judges of Judges. the Superior, District and County Courts in each Province, ■ If If BRITISH NORTH AMERICA ACT. 841 om Time lI in Coun- tho Pi-ovi- 11 case any Council on ,t duly ex- ithority i" •asc, and as ch case ve- ly make re- Lion of the ,y Decision 1 under Ibis rt and Neiv ,t, the Parlia- e Uniformity rty and Civil •unswick, and n those Three of any Act m of Canada to .prised in any n this Act, be ent of Canada IhiiU not have Ls adopted and g^Y make Laws I and to Immi- l declared that [to Time make iny of the Pro- ly of the Pro- 1 of a Province, [ball have affect \v only as it is ft of Canada. the Judges of I each Province, except those of the Courts of Probate in Nova Scotia and New Bi'unKwick. 97. Until the Laws rehitive to Property and Civil Eights Selection of in Ontario, Nova Scotia and New Brunswick, and the 'i^nSic Procedure of the Courts in those Pi'ovinces, are made uni- form, the Judj^es of the Courtsof those Pi-ovinces appointed by the Govornor-(reneral shall be h;elected I'rom the re- spective Bai's of those Provinces. 98. The Judges of the Courts of (Quebec, shall bo selected Selection ef from the Bar of that Province. JudKcs in Quebec. 99. The Judges of tho Superior Courts shall hold office Tenure of (luring good behaviour, but shall bo removable by the j'Sef of (lovernor-General ou Address of theSons'.te and House ofS"'"'."^"' Commons. 100. The Salr.ries, Allowances and Pensions of the Siiiiirie?, Judges of the Su])erior, Disti-ict and County Courts (ex- judges. cept the Courts of Probate in Nova Scotia and New Bruns- wick) and of the Admiralty' Courts in cases where the judges thereof are for the time being paid by Salar)', shall be tixed and provided by the Parliament of Canatla. 101. The Parliament of Canada ma3', notwithstanding General, anything in this Act, from Time to Time, provide for the Ap"eai,'&o. Constitution, Maintenance and Organization of a General Court of Appeal for Canada, and for tlie ^Establishment of any additional Courts for the better Administration of the Jjaws of Canada. VIII. — REVENUES ) DEIJTS ; ASSETS ; TAXATION. 102. All Duties and Eevenues over which the respective CreatiM of Legislatures of Canada, Nova Scotia and New Brunswick ^""1^''" before and at the Union, had and have power of Appro- Revenue priation, except such Portions thereof as are by this Act reserved to the respective Legislatures of the Provinces, or are raised by them in accordance with the special Powers conferred on them by this Act, shall form One Consolidated Revenue Fund, to be appropriated for the Publ'c Service of Canada in the manner and subject to the charges in this Act provided. 103. The Consolidated Eevenue Fund of Canada shall Expenses be permanently charged with the Costs, Charges andtion*. &c" Expenses incident to the Collection, Management, and Receipt thereof, and the same shall form the First Charge thereon, subject to be reviewed and audited in such Mau- i i ! \:: H; 'r- ■' f ■.■'.'■ w , 'I I:,, ' 1 fi I 3ii I 842 APPENDIX. nerji8 shall bo ordered by the Govoi-nor-Genoral in Coun- cil until the Parliament otherwise provides. Interest. of 104. The annual Intoiest of the Public Debts of the public °"*' pevei'ul Provinces of Canada, Nova Scotia, and New Bruns- debtB. wick at the Union sliall form the Second Charge on the Consolidated Kevonuo Fund of Canada. Salary of Governor General. Appro- 105. Unless alteiod by the Parliament of Canada, the Salary of tlio (TOvei-nor-General shall bo Ten Thousand Pounds S terl in i;- Money of the United Kingdom of Groat Hi'itain and Ireland, payable out of the Consolidated Re- venue Fund of Canada, and the same shall foim the Third Charge thei'oon. 106. Subject to the several Payments by this Act From'thuc ^'i'i''ged on^ho Consolidated lievonue Fund of Canada, to time. the same shall bo appropiiated by the Parliament of Canada for the Public Service. Transfer of 107. All istoc'ks, Cash, Haidcers' Jialancos, and Securities Btocks.&c. £y^^. jyfoney belonging to each Province at the Time of the Unicn, exco])t as in this Act mentioned, i hall be the Pro- perty of Canation any Province shall be liable to 'J axation." landsl'&o. 12G. Such Portions of tlio Duties and Revenues over Provincial which the respective Lcgislaldres of Canadn, Nova Scotia f,'/^l^^^''- and Now Brunswick had before the Union, Power of Ap- reVenuo propriation. as ai-^ by this Act reserved totho respective*""''* Government^• iv Legislatures of the Provinces, and all Duties and Revenues raised by them in accordance with the Special Powers conferred upon them by this Act, shall in each Province form One Consolidated Revenue Fund to be appropriated for the Public Sorvico of the Province. IX. — AlISCELLANEOUS PROVISIONS. General. 12*7. If any Person, being, at the passing of this Act, a as to Member of the Legislative Council of Canada, Nova Scotia coun^Mi'^^ or New Brunswiciv, to whom a Place in the Senate isof Pro- otfered, does not within Thirty Days thorealter, by Writ-heooming ing under his Hand, addressed to the Governor-General Senators, of the Province of Canada or to the Lieutenant-Governor of Nova Scotia or New Brunswiciv (as the case may bo), accept the same, he shall bo deemed to have declined the same ; and any Person who, being at the passing of this Act a Member of the Legislative Council of Nova Scotia or New Brunswick, accepts a Place in the Senate, shall thereby vacate his seat in such Legislative Council. of the Senate or House of Com-n„ti.„f . Oath of beat therem, allegiance, 128. Every Member mons of Canada shall, before taking his take and subscribe before the Governor-General or some Person authorized by him, and every Member of a Legis- lative Council or Legislative Assembly of any Province shall, before taking his Seat therein, take and subscribe before the Lieutenant-Governor of the Province, or some Person authoi-ized by him, the Oath of Allegiance con- tained in the Fifth Schedule to this Act; and every Mem- ber of the Senate of Canada and every Member of the Legislative Council of Quebec shall also, before taking his Seat therein, take and subscribe before the Governor- General, or some Person authorized by him, the Declara- tion of Qualification contained in the same Schedule. &o. !■ ' I II, :M i 1 \i :1 ' 846 APPENDIX. m Continu- 129. Kxc'upt QH othorvvi.so jn-oviclcd Ity tlii« Act, all Lavv.s exi^aUug in fbi'co ill Cunjulii, Nova Scotia, or New Brunswick at tho courts Union, and all Courts of Civil and Criminal Juristliction, oUioora, Ac. and all Le^al Commissions, Powers and Authoiitios, ancl all Otii(^oi's, .Judicial, Administrative, and Ministerial, ex- istin;^ thoi-ein at the Union, shall continue, in Ontario, Quebec, Nova ScDtia, ami New Brunswicic, respectively, as if tho Union had not boon made; sulijoci nevertheless, (ox('i'])t with respect to nuch as are enacted by or exist imder Acts of tho Pailiament ol' (ireat Britain or of the Parliament of the United Kiui^dom of (Jroat Britain and Ireland), to bo rejiealed, abolished, or altered by the Parliament of Canada, or by the Lo^islature of the respec- tive Province, accordin<^ to the Authority of tho Parlia- ment or of that Lcirislaturo under this Act. Trnnsfor fifliccrs to Cauiida. 5f i;'(). Until the Parliamenl of Ctinada otherwise pro- vides, all OtHcers of the sevei-al Provitwo'^ having Duties to discharge in relation to Matters other than those com- in<;' within the Classes of .Sul»jccts by this Act assif^ned exclusively to the Lc• Oi\tiiri<> inid ;,f tl\o Act »rt - lliiti Act. , of tlio words " LONVOV <^'i"»- NVril, Trocoss, .uotinvaliiialo nvt Soul of tl»o Mi.totivUootVcct on, whothoi- ro- ,da,i)r to Lower jiTrt therein pro- •ce and olVect us jn/odbyanyAct ,ada, to be issued Canada, whethei uvda,orto Lower the Union ma> of Ontario or ot under tlie Great oofsuthPioclu- ,tters and things oof the like fon-^; ,e Union had nol [e of Canada shah, Vise provides, be Uo and of Quebec. Iho Debts, Ci-edits. tnper CanucUx an* |o Arbitrament o le Government ot Lbec, and One by lelectionoftheA TuamentofCanudu iucbcc have me , Lment of Canada [o or in (iuebec. 143. The (iovi'rnordoni'ral in ('oiincil m;iy tVom Time Kivisiouof ruoopl'*. to Time, order that such and so muiu' of the fl(cord>, Hooks, and DDi-umcnls of ihe IMoviruv ot'( 'anudu us ho thinks lit shall bo u|i|)ropri:iteil and (lelivcrod either to Ontario or to (Juel)ec. and the sanu^ shall thencerorth ho the property of that I'lovince; and any copy thei-fof or extract theiefroni, didy certified i)y the olllcer having char^'o of the ori^nnal tiiorcof .shall ho admitted us Hvi- doneo. 144. TIio Lieutenunt-Govornor of Quebec may from Constim- Timeto Time, by l'roclam:ition under the (rreat Seal of !''"' "t":,,, tlio rrovineo, to take ellect from a day to ho appointed '"Quebec. th oroin, constitute Townships in those Parts of the Pro- vince of (Jnebce in which Townships are not then already constituted, and tlx the .AFetes and Bounds thereof. X.— INTERCOLONIAI, HAIIAVAY. 145. Inasmuch us the l*rovinces of Canuda, Nova Scotia, D„ty „f and New Brunswick liave joineil in a Dochiration liiat""V''rn- tho Construction of tlu" Intercolonial Kailwuy is essential huiiumont to the Consolidation of the Tnion of British North Amo-i|]}J,X'^* rica, and to the Assent thereto of Nova Scotia and Now Uaiiway Brunswick, and have consequently agreed that Provision llescribed. sliould ho made for its immediate consti'uction hy the Government of Canada: Therefore, in order to <^ive ef- fect to that Agreement, it shall he tlie Duty of tlie Gov- ernment and l*arliament of (Janada to provide for the Commencement, within Six months after the Union, of a Railway connecting tlio Jiivor St. Lawrence with the City of llulifux in Nova Scotia, and for the Construction thereof without Intermission, and the Completion tliereof with all ])racticable Speed. XI. — ADMISSION OF OTHER COLONIES. 146. It shall bo lawful for the Queen, by and with thopowcrto Advice of Iler Majesty's 3Io8t Honorable Privy Council, ,^^^JJj|[Now- on Addresses from the Houses of the Parliament of Can- Ac, into ' ada, and from the Houses of the respective Legislatures "^*^ U'"""- of the Colonies or Provinces of Newfoundland, Prince Edward Island, and British Columbia, to admit those Colonies or Provinces, or any of them, into the Union, and on Address from the Houses of the Parliament of Canada to admit Rupert's Land and the North-western Torritoiy, or either of them, into the Union, on such Terms and Conditions in each Case as are in the Ad- dresses expressed and us the Queen thinks tit to approve, subject to the Provisions of this Act; and the Provisions 54 M Hr| l| \> •:'! ii- i; 850 APPENDIX. As to Kepre- sontation of New- foundland and Prince Edward Island in Senate. of any Order-in-Oounc'l in that Behalf shall have effect as if they had been enacted by the Parliament of the United Kingdom of Great Britain and Ireland. 147. In case of the Admission of Newfoundland and Prince Edward Islantl or either of them, each shall be entitled to a Eepresentation, in the Senate of Canada, of Pour 3[embors, and (notwithstanding anything in this Act) in case of tlio Admission of Xewtoundland, the Nor- mal number of Senators shall be Seventy-six and their maximum Number shall be Kighty-two ; hut Prince Ed- ward Island, when admitted, shall be deemed to be com- prised in tlie third of the Three Divisions into which Canada is, in relation to the Constitution of the Senate, divided by this Act, and accordingly, after the Admission of Prince Edward Island, whether Newfoundland is ad- mitted or not, the Eopresentation of Nova Scotia and New Bi'unswick in the Senate shall, as Vacancies occur, be reduced I'rom Twelve to Ten Members respectively, and the Iiepresentatii»n of each of those Provinces shall not be increased at any Time beyond Ten, except under the Provisions of this Act, for the Appointment of Three or Six additional Senators under the Direction of the Queen. SCHEDULES TUB FIRST SCHEDULE. Electoral Districts of Ontario. A. EXISTING ELECTORAL DIVISIONS. COUNTIES. 1. Prescott. 2. Glengarry. 3. Stormont. 4. Dundas. 5. Eussell. 6. Carleton. 7. Prince Edward. 8. Halton. 9. Essex. aflh ;i RIDINGS OP COUNTIES. |/i ! ^:l 10. North Riding of Lanark. 11. South Riding of Lanark. BRITISH NORTH AMERICA ACT. 861 iffect : the I and i\l be da, of n this oNor- . tbeir tco Ed- le com- whicU Senate, mission d is ad- )tia and 8 occur, ectively, pt under of Three ,n of the Iward. 12. 13. 14. 15. 10. 17. IS. 19. 20. 21. 22. 23. 24. 2;'). 2(5. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. Noith Eidini? of Leeds and North Ridinc: of Gren- v'ille. South Eiding of Leeds. South Kidinii; ot'Grenville. East Hiding of Northumberland. West Riding of Northumberland (excepting there- from the Township of South Monaghan). East Riding of Durham. West Riding of Durham. North Riding of Ontario. South Riding of Ontario. East Riding of York. West Riding of York. North Riding of York. North Riding of Wentworth. South Riding of Wentworth. East Riding of Klgin. West Riding of Elgin. North Riding of Waterloo. South Riding of Waterloo. North Riding of Brant. South KidiUf^ of Brant. North Riding of Oxford. South Riding of Oxford. East Riding of Middlesex. CITIES, PARTS OV CITIES AND TOWNS. West Toronto. East Toronto. Ilaruilton. Ottawa. Kingston. London. Town of Brockvillo, with the Township of Eliza- bethtown thereto attached. Town of Niagara, with the Township of Niagara thereto attached. Town of Cornwall, with the Township of Cornwall thereto attached. il ''.im ■tr B. NEW ELECTORAL DIVISIONS. 44. The Provisional Judicial District of Algoma. 1 i ? Mf 852 APPENDIX. The County of Bruce, divided into two Ridings, to bo called respectively the North and South Ridings : — 45. The North Riding of Bruce to consist of the Town- ships of Bury, Lindsay, Eastnor, Albemarle, Ama- bel, An-an, Bruce, h]lder,slie, and Saugeen, and the Vi'lage of Southampton. 46. The South Ridii.g of Bruce to consist of the Town- ships of Kincardine (including the Village of Kin- cardine), Greenock, Brant, Huron, Kinloss, Cul- ross, and Carrick. The County of Huron, divided into Two Ridings to be called respectively the North and South Ridings: — 47. The North Riding to consist of the Townships of Ashfield, Wawanosh, Turnberry Howick, Morris, Grey; Colborne, Hiillett (including the Village of Clinton), and McKillop. 48. The South Riding to consist of the Town of Goder- ich, and the townships of GoderichjTuckersraith, Stanle}', Hay, Usborne, and Stephen. The County of Middlesex, divided into Three Ridings, to be called respectively the North, West and East Ridings : — 49. The North Riding to consist of the Townships of McGillivray and Biddulph (taken from the County of Huron), and Williams East, Williams West, Adelaide and Lobo. 50. The West Riding to consist of the Townships of Dolawai-e, Caradoc, Metcalfe, Mosa and Ekfrid, and the Village of Strathroy. [The J'^ast Riding to consist of the Townships now embraced therein, and bo bounded as it is at pre- sent.] 51. The County of Lambton, to consist of the Town- ships of Bosanquot, Warwick, Plympton, Sarnia, Moore, Enniskillen and Brooke, and the Town of Sarnia. 52. The County of Kent to consist of the Townships of Chatham, Dover, East Tilbury, Romney, Ra- leigh and Harwich, and the Town of Chatham. BRITISH NORTH AMERICA ACT. 853 to bo Cown- Araa- ndthe Town- of Kin- SB, Cul- T8 to be iship9 of , ISIorris, ilUxgc of )f Goder- ccrsmilb, ) Hidings, and East rnshipB of e County ,m8 West, /nsbips of Id Ekfiid, sbips now is at prc- Itbe Town- pn, Sarnia, fo Town of jownsbips |>mncy, Bii- latbam. 53. The- County of Bothwell to consist of the Town- Bhips of 8ombra, Dawn und h'uphemia (taken from the County of Lambton), and the Town- ships of Zone, Camden with the Gore thereof, Oribrd und Howard (taken from the County of Kent). The County of Grey, divided into Two Hidings, to be called respectively the South and North Eidings : — 54. The South Eiding to consist of the Townships of Bentinck, Glenelg, Artemesia, Osproy, Normanby, Egreraont, Proton and Melancthon. 55. The North Eiding to consist of the Townships of CoUingwood, Euphiasia, Holland, St. Vincent, Sydenham, Sullivan, Derby and Koppel, Sarawak and Brooke, and the Town of Owen Sound. The County of Perth, divided into Two Eidings, to be called respectively the South and North Eidings : — 56. The North Eiding to consist of the Townships of Wal'ace, Elma, Logan, EUice, Mornington, and North Easthope, and the Town of Stratford. 5t. The South Eiding to consist of the Townships of Blanchard, Downie, South Easthope, Fulhuton, Hibbert, and the Villages of Mitchell and St. Marys. The County of Wellington, divided into Three Eid- ings, to be called respectively North, South and Centre Eidings : — 58. The North Eiding to consist of the Townships of Amaranth, Arthur, Luther, Minto, Maryborough, Peel, and the Village of Mount Forest. 59. The Centre Eiding to consist of the Townships of Garafraxa, Erin, Eramosa, Nichol and Pilking- ton, and the Villages of Fergus and Elora. 60. The South Eiding to consist of the Town of Guelph and the Townships of Guelph and Puslinch. The County of Norfolk, divided into Two Eidings, to be called respectively the South and North Eidings : — 'i'i :1: 1. f Ji- ' I 1 :^:l: ■ % !» r 854 APPENDIX. 61. The South Eidin^ to consist of the Townships of Charlotteville, Houghton, Walsingham and Wood- house, and with the Gore thereof. 62. The North Riding to consist of the Townships of Middleton, Townsend and Windham, and the Town of Simcoe. 63. The County of Haldimand to consist of the Town- ships of Oneida, Seneca, Oayuga North, Cayuga South, Eainham, Walpole and Dunn. 64. The County of Monck to consist of the Townships of Canborough and Moulton, and Sherbrooke, and the Village of Dunnville (taken from the County of Haldimand), the Townships of Caister and Gainsborough (taken from the Ccftinty of Lincoln), and the Townships of Pelham and Wain- fleet (taken from the County of Welland). 65. The County of Lincoln to consist of the Townships of Clinton, Grantham, Grimsby and Louth, and the Town of St. Catharines. 66. The County of Welland to consist of the Town- ships of Bertie, Crowland, Humberstone, Stam- ford, Thorold and Willoughby, and the Villages of Chippewa, Clifton, Fort Erie, Thorold and Welland. 67. The Councy of Peel to consist of the Townships of Chinguacousy, Toronto and the Gore of Toronto, and the Villages of Brampton and Streetsville. 68. The County of Cardwell to consist of the Town- ships of Albion and Caledon (taken from the County of Peel), and the Townships of Adjala and Mono (taken from the County of Simcoe). The County of Slmcoe, divided into Two Ridings, to be called respectively the South and the North Ridings : — 69. The South Riding to consist of the Townships of West Gwillimbury, Tecumseth, Innisfil, Essa, Tos- sorontio, Mulmur, and the Village of Bradfoixl. 70. The North Riding to consist of the Townships of Nottawasaga, Sunnidalo, Vespra, Flos, Oro, Me- donte, Orillia and Matchedash, Tiny and Tay, 1 s BRITISH NORTH AMERICA ACT. 855 ips of Vood- lips of d the Town- 'ayuga mships brooke, 3m the Caister iinty of d Wain- wnships ith, and e Town- 3, Stam- Villages old and nahips of Toronto, ville. le Town- fom the \i Adjala icoe). ig8, to be |dingB : — ishipB of lissa. Tos- vdfoi-d. Inships of )ro, Me- ^nd Tay, Balaklava and Robinson, and the Towns of Barrie and CoUingwood. The County of Victoria, divided into Two Eidings, to be called respectively the South and North Eidings : — •71. The South Eiding to consist of the Townships of Ops, Mariposa, Emily, Verulam, and the Town of Lindsay. •72, The North Eiding to consist of the Townships of Anson, Bexley, Carden, Dalton, Digby, Eldon, Fenelon, Hindon, Laxton, Lutterworth, Macaulay and Draper, Sommorvillo and Morrison, Muskoka, Monck and Watt (taken from the County of Sim- coe), and any othei" surveyed Townships lying to the North of the said North Eiding. The County of Peterbobouqh, divided into Two Eid- ings, to be called respectively the West and East Rid- ings :— 73. The West Eiding to consist of the Townships of South Monaghan (taken from the County of Nor- thumberland), North Monaghan, Smith and Ennis- more, and the Town of Peterborough. 74. The East Eiding to consist of the Townships of Asphodel, Belmont and Methuen, Douro, Dummer. Galwaj", Harvey, Minden, Stanhope and Dysart, Otonabee and Snowden, and the Village of Ash- burnham, and any other surveyed Townships lying to the North of the said East Eiding. The County of Hastings, divided into Three Eidings, to be called respectively the West, East and North Eid- ings :— 75. The West Eiding to consist of the Town of Belle- ville, the Township of Sydney, and the Village of Trenton. 76. The East Eiding to consist of the Townships of Turlow, Tyendinaga and Hungerford. 77. The North Eiding to consist of the Townships of Eawdon, Huntingdon, Madoc, Elzevir, Tudor, 'h k m ii I K •If i.'i I I 1,5 w ii; Hi I 856 APPENDIX. Marmora and Lake, and the Village of Stirling, and any other surveyed Townships lying to the North of the said North Eiding. 78. The County of Lennox to consist of the Townships of Eichmond, Adolphustown, North Fredoricks- bui-gh. South Fredericksburgh, Ernest Town and Amherst Island, and the Village of Napanee. 79. The County of Addington to consist of the Town- ships of Camden, Portland, Sheffield, Ilinchin- brooke, Kaladar, Kennebec, Olden, Oso, Angle- sea, Barrie, Clarendon, Palmerston, Effingham, Abinger, Miller, Canon to, Denbigh, Loughborough and iJedford. 80. The County of Frontenac to corsist of the Town- ships of Kingston, Wolfe Island, Pittsburgh and Howe Island and Storrington. The County of Eenprew, divided into Two Eidinge, to be called re^speetively the South and North Eidings : — 81. The South Riding to consist of the Townships of McNab, Biigot, Blithfield, Brougham, Horton, Admaston, Gi-attan, Matawatchan, Griffith, Lyn- doch, Eaglan, Eadclitfe, Brudenell, Sebastopol, and the Villages of Arnprior and Eenfrew. 82. The North Eiding to consist of the Townships of Eoss, Bromley, Westmeath, Stafford, Pembroke, Wilberforce, Alice, Petawawa, Buchanan, South Algona, North Algona, Frazer. McKay, Wylie, Eolph, Head, Maria, Clara, Haggerty, Sherwood, Burns, and Eichards, and any other surveyed Townships lying North-westerly of the said North Eiding. iJillH INI ! Every Town and incorporated Village existing at the Union, not specially mentioned in this Schedule, is to be taken as part of the County or Eiding within which it is locally situate. BRITISH NORTH AMERICA ACT. 857 ins, • tho •ieks- 1 and Cown- nchin- gham, >rougli THE SECOND SCHEDULE. Electoral Districts of Quebec specially fixed. Pontiac. Ottawa. Argenteuil. Huntingdon. Missisquoi. Brome. COUNTIES. Shotford. Stanstoad. Compton. Wollb and Richmond. Megantic. Town of Sherbrooko. ■ >' ' •:■ I |: i : I. Town- rh and lings, to ings :— iships of Hovton, th, Lyn- pol; and ig at tho is to be lich it is THE THIRD SCHEDULE. Provincial Public Works and Property to be the Property of Canada. 1. Canals with Lands and Water Power connected therewith. 2. Public Harbours, 3. Lighthouses and Piers, and Sable Island. 4. Stenmboats, Dredges, and Public Vessels, 5. Rivers and Lake Improvements. 6. Railways and Railway Stocks, Mortgages and other Debts due by Railway Companies. 7. Military Roads. 8. Custom Houses, Post OflSces, and all other Public Buildings, except such as the Government of Can- ada appropriate for the Use of the Provincial Legislatures and Governments. 9. Property transferred by the Imperial Government, and known as Ordnance Property. 10, Armouries, Drill Sheds, Military Clothing and Mu- nitions of War^ and Lands set apart for General Public Purposes. i■^" M THE FOURTH SCHEDULE, Assets to he the Property of Ontario and Quebec conjointly. Upper Canada Building Fund. Lunatic Asylums, 858 APPENDIX. in ■■\ Lower Canada, Normal Schools. Court Houses Aylmer. Montreal. ( ' Karaouraska. J Law Society, Upper Canada, Montreal Turnpike Tru!*t. University Permanent Fund. Eoyal Institution, Consolidated Municipal Loan Fund, Upper Canada, Consolidated Municipal Loan Fund, Lower Canada, Agricultural Society, Upper Canada. Lower Canada Legislative Grant, Quebec Fire Loan. Temiscouata Advance Account. Quebec Turnpike Trust. Education-East. Building and Jury Fund, Lower Canada, Municipalities Fund, Lower Canada Superior Education Income Fund. THE FIFTH SCHEDULE. OATH OP ALLEaiANOB. I, A. £., do swear that I will be faithful and bear true Allegiance to Her Majesty Queen Victoria, Note. — TJie Name of the King or Queen of the United Kingdom of Great Britain and Ireland for the Time being is to be substituted from Time to Time, with proper Terms of Reference thereto. DECLARATION OP QUALIFICATION, I, A. B., do declare and testify, That I am by Law duly qualified to be appointed a Member of the Senate of Canada [or as the case ma^ be], "^nd that I am legally or equitably seized as of Freehold xbr my ovrn Use and Be- nefit of Lands or Tenements held in Free and Common Socage [or seized or possessed for my own Use and Be- nefit of Lands or Tenements held in Franc-alleu or in Eoture (as the case may be), in the Province of Nova Scotia [or as the case ma// be] of the Value of Four Thou- sand Dollars over and above all Rents ,Due8, Debts, Mort- gages, Charges, and Incumbrances, due and payable out of or charged on or affecting the same, and that I have lada, lada. nd. bear true d Kingdom tubstituted io. BRITISH NORTH AMERICA ACT. 859 not collusively or jolourably obtained a title to or be- come posHessed of the said Ltinds and Tenements or any Part tnereof for the Purpose of enabling me to become a Member of the Senate of Canada [or as the case may be], and that my Real and Personal Property are together worth Four thousand Dollars over and above my Debts and Liabilities. B. 34-35 VICTORIA. CHAP. XXVIII. An Act respecting the establMment of ProvinccH in the Dominion of Canada, [2Qth June, 1871.] WHP^REAS doubts have been entertained respecting the powers of the Parliament of Canada to establish Provinces in Territories admitted, or which may hereafter be admitted into the Dominion of Canada, and to provide for the representation of such Provinces in the said Par- liament, and it is expedient to remove such doubts, and to vest such powers in the said Parliament: — Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons, in this present Parliament assembled, and by the authority of the same, as follows : 1. This Act may be cited for all purposes as " The Brit- Short Title, ish North America Act, 1871." 2. The Parliament of Canada may from Time to Time Parliament establish new Provinces in any Territories forming for of Canada the time being part of the Dominion of Canada, but not ushVeV ' included in any Province thereof, and may, at the time ofand^proyfde such establishment, make provision for the constitution for the con- and administration of any such Province, and for the pas- &J)'"thereof. sing of Laws for the peace, order and good government of such Province, and for its representation in the said Parliament. 3. The Parliament of Canada may from Time to Time, Alteration with the consent of the Legislature of any Province of the ^ I'Diits of said Dominion, increase, diminish, or otherwise alter the limits of such Province, upon such terms and conditions as may be agreed to by the said Legislature, and may, with the like consent, make provision respecting the effect '!;l ill i \ !■ ' 1. :., ' \} 111- I ■< ■{ i 8G0 APPENDIX. Parliament uf CaniKiii iiiiiy leKia- lato for any terri- tory not in- uluded in a Province, Confirma- tion ot Ants of Par- liament of Canada, 32 & 33 Vict, (Canadian) cap. 3, 33 V. (Canadian), cap. 3. Limitation of powers of Parlia- ment of Canada to legislate for an established Province. and operation of any such increase or diminution oraltoi- ation of Territory in relation to any Province affected thorcl)y. 4. Tlio Parliament of Canada may from Time to Time make proviHion for tlm administration, ])oaco, order, and i^ood government of any Teiritory not for the time beini^ included in any Province, 5. The following Acts passed by the said Parliament of Canada, and intituled respectively : " An Act for the tem- " porary government of Jiupert's Land and the North " Western Territory when united with Canada," and " An '* Act to amend and continue the Act thirty-two and "thirty-three Victoria, chapter three, and to establish "and provide for the /^'overnmcnt of the Province of " Manitoba," shall be and be deemed to have been valid and effectual lor all j)urposes whatsoever from the dale at which tliey respectively received the assent, in the (Queen's name, of the Governor-General of the said Domi- nion of Canada. 6. Except as provided by the third section of this Act, it shall not be competent for the Parliament of Canada to alter tlie provisions of the last mentioned Act of the said Parliament, in ho far as it relates to the Province of iManitoba, or of any other Act hereafter establishing new Provinces in the said Dominion, subject always to the right of the Legislature of the Province of Manitoba to alter from Time to Time the provisions of any law re- specting the qualification of electors .nid members of the Legislative Assembly, and to make laws respecting elec- tions in the said Province. 30 and 31 Vict., 0, 3. C. 38-39 VICTORIA. CHAP. XXXVIII An Act to remove certain doubts withrei^pect to the powers of tlie Par- liavimt of Canada under Sectiori Eighteen of tlie British North America Act, 1867. [19 present Parliament assembled, and by the authority of the same, as follows : — Provision 1, The Parliament of ('anada may, from time to time, nfenfot'*'" make provisions lor the representation in the Senate Canada for .^^d Ilouse of Commons of Canada, or in either of them, ationof. ofany Territories which for the time bein^ form part ol Territories, j-j^g Dominion of Canada, but are not included in any province thereof. Effect of Acts of Parlia- inentof Canada. 34 and 35 Victoria, 0.28. 80 and 31, Victoria, 0,3. !i. Any Act passed by the Parliament of Canada be- fore the passing of this Act for the purpose mentioneil in this Act shall, if not disalloweU by the Queen, bo, and shall be deemed to have been, valid and ott'ectual from the date at which it received the assent, in her Majesty's name, of the Governor G-eneral of Canada. It ifcj hereby declared that any Act passed by the Par- liament of Canada, whether before or after the passing of this Act, for the purpose mentioned in this Act or in the British North America Act, 1871, has effect, notwith- standing anything in the British North America Act, 1867, and the number of Senators or the number ot members of the House of Commons specified in the lust mentioned Act is increased by the number of Senators or of members, as the case may be, provided by any such Act of the Parliament of Canada for the representation of any provinces or territories of Canada. Q VERNOn-QESERA VS COM, HISS ION. 863 of Cun thoii;rl-.l tit to oonstituto. ordof, aiul iloi'hiro, :\nd do l>y thoso riosoiitsoon- stitiito, ordor. aiul dochuo that thoro sliali hi> a (.Jinoiiior-CJonoial (hoivinntior ^nlUni Our s:ii.l (JovonuM'-tiiMioran ia aiul ovor Onv IVuniiuon o\' (\uuhiii (^horoinaiior I'alloil Onv said IVmiiiiDn) and lliat tho ]HM"son who shall till tlio said C>tru'i> ot" llio (unornoi-- (iononil shall in* tVom tiino to limo appointod by (\>iniuission uiidor our 8i,ii"n-M:ituial and Si^not. .And wo do iioiohy aiithiM'ix.o and ooinniand Onv said (iovornor (Jonoral to do and oxoi'iito, in dno niannor, all thiiiii's thai shall bolom; lo his >aid I'onnnaiul. and to tho trust wo havo roj>osod in hini, aoi'v>idini4; to tho sovoral pcuvors and authoritios ::;rantod ov appointod him !>y vii-tiu ot' "Tho Ihitish Xorth .[>iuru\i Aot, 1S(!7." and ot' thoso prosont JiOttors-Patont and ot'suoh ronunission as may bo issuod t i him undorOurt^ii::n-Mauual and Sio-nol, and aooi>rdini;- to suoh Instruo- lions as may ,Voni tiino lo timo bo i:;ivon to hitn, umior Onv Siii'u- Mainial and Sis;-not, or by Our Ordor in Onv Pi-ivv C'ounoil, ov by Is throUi;-h ono oi' Owv Prinoipal Soorotarios ot" Stato. and to ■-uoh Laws as aiv ov shall hoioat'tor bo in t'oroo in l>in- said Hom- inion. li. And Wo do hoioby authori.'.o and onipowor Our said (iovor- nor-Cionoral lo koop and uso tho (iroat Soal ot" (.'ur said l\>minion lor soalini;' all thinc's whatsoovof that shall pa>s iho said (iroat Soal. 111. Auil Wo do t'urihor auihori/.o and ompowor our said (lovoi-- nor-(ionoral to oon>tiiuto and appoint, in (hiv namo and on Onv bohalt' "11 suoh .Iuili;os. Ooinmissionois. . lust ioos of tho IVaoo, and olhor nooossary CMlioors ai\d Ministois ot' Our said honiiuion. as may bo lawfully oonstitutod ov appointod by I's. IV. And Wo do t'lirthoiauihoi'i. and omp»nvor our said (unor- n(M-lu»noral. si> I'ar as wo lawluUy may upon sutHoiont oauso to him appoaring, to ronnn'o I'rom his otVioo. ov to suspond t'rom tho oxoroiso of tho samo, any porson oxoioisinij: any i^llloo within Onv said PotniniiMi. undor or by virtuo oi any Oommission or Warrant irrantod. ov whioh niav bo i^rantcvi, bv Is in *.>ur namo or uudor Our authoritv. \'. And Wo tio t'urthor aulhori/,0 and onipowor oui- said liovor- i\or (.lonoral to oxoroiso all powors lawt'uUy boloui^inij to I's in rospoot ot' tho summoniuiX, prorOijuin^. or dissolvim; tho Tarlia inont of ('Jui' said .l>ominion. VI. And whoroas by "Tho Iiri(i\hall lawful for Is, ■■P' ait'ulo iuul Wo. ot' Ovu- IV thou;rV.r 'rosontsoo!\- iv\ oYov v>ur (.lovornor- \>v :nitlu^>'>v'' { "o\oouto, in .nnmun^U ^^'^^^ > tho sovoval thoso \n•o^^ou^ issuoa t > buu >suoh Instnu'- idov Our Sii^n- Suito. :uul to Our 5^!iul IVnu- Ours^aul r.ovov- ,. s:iia IXMUunou ouv saUl^^'OVor- tmo tuul on Our ,t tho \\^:u'o. aiul [ul IVnuiuiou, as oauso to ItVu'iont klS\HMli I iVvUU tno nUl'O NVl Una Our -lou ' Ir aan\o ,i-NVavraiU M- UlU lor our .a\i llou.^iuti Ivinp: t I clovor- to V':* »'^ ho rai'Ua (,ovi:nsoR-Lii:M:!:Ai:s com miss los. M)0 it' Wo think lit. to auiliori/.o llio (.un-ornor-lionoral ot" Owv Pomiuion ot' dvuuij to appoint any por>on or porsoiis, jointly or sovorallv. to bo his Poputy or Poinitios within any part or jiaits ot Owv said IXuniuivMi, ai\il ii\ that oapaoity to o\oroi>o, tiiiriiii; tlto pK'asuio ot' Our said (iovornor tionoral, >aih ot' tho jiowors. .natho- ritios and t'unotions ot' Onv said (.lovornor-lionoral as ho nuiy doom it noi os-puty or Poputios, suhjoot to any limitations or vliiwtions I'rom timo to timo oxj^ros- sod or >;ivon by Is: Now Wo do horoby aniliori/.o and on\pii\vor Ouv said iJovornor tionoral, subu\'t to suoh limitations and ^liroo- tions as at'orosaid. to app>nnt any porson tn* porsons, joiittlv ov sovorally, to bo his Poputy or Popiitios witliin any i^ar; ov part> ot'l'>ur said Pomii\ion ot' (\i/i. ?>'.!. and iu that oapaoity to oxoroi-o. duriuij: his ploasuro, suoh ot his powors. t'unotions and authoritios. as ho may doom it i;oiOs-h a Poputy or Poputios shall not atVov't tho oxoroiso ot' any suoh powor, au- thority or t'ni\otion by *.">ur >aid (Jovorn >r-l.ioiioral in porson. \\\. Aitd Wo do horohy doolaro Our plo:isuro to bo that, in tho ovont oi' tho doath, inoapaoity. romoval or absonoo ot' Our >aid liovornor-l,ionor:d (Uit ot' Onv said Pominion, all :iu>l ovoi'V tho powor> and authoritios b.oroii\ li-rantod to him >hall, until our t'ur- thor ploasuro i> si^-nitiod thoroin. ho vosiod in>uoh pol'> i ;is may bo appoii\tod by Is undo'" Onv Si^nManual and Sii^not to bo l^ur laoutouant iJovonuM" ol' Onv said PvMi\inion ; or it' thoro shall bo no suoh I.ioutonant-Ciovornor in Our said Pominion, thoitinsuoli jHM'son or poisons as m:iy bo appoiutod by I's nndor Onv 8iii"u- Mai\ual ai\d Sim\ot to avlministor tho liovoi'umont ot' thosamo; .md in oaso thoro shall bo no porson or poisons within Our said Pominion so appointod by I's, thon in tho Senior OtUoor t'or tho timo boin.-: in oommand o{ Onv roi^ular troops in Our said Pom- inion : Providod that no suoh powor> or authoritios sliall vost in suoh Liouton.*uit-liOYori\or. or suoh othor ]hmsoi\ or porstms until ho or thoy shall havo takoit tho o:u hs appinntod to bo takon bv tho (iovornor-(.ioi\oral oi'l'»ur said Pominion. and in thomani\or providod by tho inst ruoiions aooompainiiii;" thoso l>ur Lottors- P;itont. V 1 1 1. Ai\d Wo do horohy roiiuiro and ovMumaiui all Our (."^tiioors and Minisior>, Oivil and Military, .md all o[\\ov tho inhabiiai\ts lU' «,>ur saiil Pominion, to boobodiont, aidiiiiL:: and assist ino- unto our said liovornor (Jonoral. or. iu tho ovont oi hi■^ doath, inoapaoiiy or absonoo. to suoh ]»orson or porsons as may. t'rom timo to timo. undor tho ju'ovisions ot' thoso Our l-ottorsPatont. administor (ho (iovornmont ol" (.")nr said Pominion. 1 ' i:s Ill lawful lor I ^t IX. And Wo do horohy rosorvo to (.tnrsotvos. Our hoirs and suooot^sor^. lull powor and authority tVom timo to timo to rovoko. ii ' 1 ! 1 I ! 866 APPENDIX. alter or amend these Our Letters-Patent as to Us or them shall seem meet. X. And We do further direct and enjoin that these Our Letters Patent shall be read and j^roclaimed at such place or places as Our said Governor-General shall think fit within Our said Dominion of Canada. In witness whereof We have caused these Our Letters to be made Patent, Witness Ourself at Westminster, the fifth day of October, in the Forty-second Year of Our Ileign. Bj Warrant under the Queen's Sign-Manual. C. EOMILLY. 2. CANADA. D^A^T OF Instructions passed under the Eoyal Sign-Manual and Signet to the Governor-General of the Dominion of Canada. Dated 5th October, 1878. VICTORIA, K. Instructions to our Governor-General in and over Our Dominion of Canada^ or, in his absence, to Our LieutenantrGovernor or the Officer for the time being admin; .ving the Government of Our said Dominion. Given at Our Court at Balmoral, this luft^ day of October, 1878, in the Forty-second year of Our Eeign. Whereas by certain Lettei-s-Patent bearing even date herewith, We have constituted, ordered and declared that there shall be ii Governor-General (hereinafter called Our said Governor-General) in and over Our Dominion of Canada (hereinafter called Our said Dominion), And we have thereby authorized and commanded Our said Governor-General to do and execute in due manner all thingn that shall belong to hi» said command, and to the trust we have reposed in him, according to the several powers and authorities granted or appointed him by virtue of the said Letters-Patent and »m Bball I' Letters js as Our )ommion :ers to be fth day of MILLY. Sign-Manual Dominion of |ur Dominion ^Governor or Government of October, late herewith, li-e shall be a l-nor-General) liUed Our said Inmanded Our [nor all things Irust we have [d authorities IrB-Patentand GOVERNOR-GENERAL'S COMMISSION. 867 of such Commission as may be issued to him under Our Sign- Manual and Signet, and accoi'iling to such Instructions as may from time to time be given to Iiim, under Our Sign-Manual and Signet, or by Our Order in Our Privy Council, or by Us through One of Our Principal Secretaries of State, and to such Laws as are or shall hereafter be in foi"(v hi Our said Dominion. Novv there- fore, We do, by these Our Instructions uniler Our Sign-Manual and Signet, declare Our pleasure to be, that Our said Governor- General for the time being shall, with all due solemnity, cause Our Commission under Our Sign-Manual and Signet, appointing Our said Governor-General for the time being, to be read and published in the presence of the ('hief Justice for the time being, or other Judge of the Supreme Court of Our said Dominion, and of the members of the Privy < 'ouncil in Our said Dominion : And We do further declare Our pleasure to be that Our said Governor- General, and every other officer appointed to Administer the Government of Our said Dominion, shall take the Oath of Alle- giance in the form provided by an Act passed in the Session holden in the thirty-lirst and thirty-second years of Our Iioign, intituled: "An Act to amend the Law relating to Promissory Oaths ; " and likewise that he or they shall take the usual Oath for the due execution of the Olfice of Our Governor-General in and over Our said Dominion, and for the due and impartial ad- ministi'ation of justice; which Oaths the said Chief Justice for the time being, of Our said Dominion, or, in his absence, or in the event of his being otherwise incapacitated, any Judge of the Supreme Court of Our said Dominion shall, and he is hereby required to tender and administer unto him or them. II. And We do authorize and require Our said Governor-Gen- eral from time to time by himself or by any other person to be authorized by him in that behalf, to administer to all and to every person or persons as he shall think tit, who shall hold any office or place of trust or profit in Our said Dominion, the said Oath of Allegiance, together with such other Oath or Oaths as may fi'om time to time bo prescribed by any Laws or Statutes in that be- half made and provided. III. And We do require Our said Governor-General to commu- nicate forthwith to the Privy Council for Our said Dominion these Our Instructions, and likewise all such others from time to time, as he shall tind convenient tor Our service to be imparted to them. IV. Our said Governor-General is to take care that all laws assented to by him in Our name, or reserved for the signitication of Our pleasure theron, shall, when transmitted by him, be fairly abstracted in the margins, and be accompanied, in such cases as may seem to him necessary, with such explanatory observations ill '■ jf: j i i ■ j i if'' ' < ('■; ! - 1 868 APPENDIX. I ..'I as may be required to exhibit the reasons and occasions for pro- ?osin^ such Laws ; and he shall also transmit fair copies of the ouinals and minutes of the proceedings of the Parliament of Our said Dominion, which he is to require from the clerks, or other proper officers in that behalf, of the said Parliament. Y. And We do further authorize and empower Our said Gover- nor-General, as he shall see occasion, in Our name and on Our behalf, when any crime has been committed for which the offender may be tried within Our said Dominion, to grant a pardon to any accomplice, not being the actual perpetrator of such crime, who shall give such Miformation as shall lead to the conviction of the principal otfender ; and further to gi-ant to any ott'ender convicted of any crime in any Coui't, or before any Judge, Justice, or Magis- trate, within Our said Dominion, a pardon, either free or subject to lawful conditions, or any respite of the execution of the sen- tence of any such oft'ender, for such period as to Our said Gover- nor-General may seem fit, and to remit any fines, penalties or forfeitures, which may become due and payable to Us. Provided always, that Our said Governor-General shall not in any case, except where the oifence has been of a political nature, make it a condition of any pardon or remission of sentence that the offender shall be banished from or shall absent himself from Our said Dominion. And "We do hereby direct and enjoin that Our said Governoi'-General shall not pardon or reprieve any such offender without first receiving in capital cases the advice of the Privj^ Council for Our said Dominion, and in other cases the advice of one, at least, of his Ministers ; and in any case in which such pardon or reprieve might directly affect the interests of Our Empire, or of any country or jjlace beyond the jurisdiction of the Government of Our said Dominion, Our said Governor-General shall, before deciding as to cither pardon or reprieve, take those interests specially into his own personal consideration in conjunc- tion with such advice as aforesaid. VI. And whereas great prejudice may happen to Our service and to the security of our said Dominion by the absence of Our said Governor-General, he shall not, upon any pretence whatever, quit Our said Dominion without having first obtained leave from TJs for 80 doing under Our Sign-Manual and Signet, or thi-ougli one of Our Principal Secretaries of State. V. E. ' i: mil li'' !■ i8 for pi'"- ,ie8 of the liament ot clerks, or cr-t. said Govcr- and on Our ,he otVendor ,vdon to any crime, who iclion of the er convicted ce,orKagiB- ee or subject n of the een- V said Gover- penalties or Ds. provided i in any case, are, make it a attheoifender rom Our said that Our said ^ such offender of the Piivy i the advice ot n which such crests of Our isdiction of the vernor-General eve, take those Lion in conjunc- to Our service absence of Our tencexvhatevcr. ined leave from ,,ot, 01- through GOVERNOR-GENERALS COMMISSION. 869 CANADA. Draft op a Commission passed under the Royal Sign-Manual and Signet, appointing the Eight Honourable tlio Marquis of Lome, K.T., G.C.MXt,, to bo Govei-nor-Genoi-al of the Dom- inion of Canada. Bated 1th October, 1878. VICTORIA E. Victoria, by the Grace of God, of tlie United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, Empress of India, To Our Rii^ht, Trusty, and Well-beloved Councillor Sir John Douglas Sutherland Campbell (commonly called the Marquis of Lome), Knight of Our Most Ancient and Most Noble Older of the Thistle, Knight Grand Crossof Our Most Distinguished Orei' them ig Kiiig- s for tho Mnjesly's inion, and he Senate ity at thiti „ and pros- glory, the DoroiniouH, endeavourrt happiness, hed among j^ for them, I the media- ur. — Amen." ) thy name. I as it is ii^ 3,.give us our ,i!4. Audlead men.'' VMENTS. acious "Majesty, V submitted to [i Canada shall jiblished by the fthe several Vro- by Mr. Mac- Iho qut^stioa ho Thereof : — Int of Canada at In Act respectmg Sir John M-Jicdonald moves in amendment to tho amendment, seconded by Sir Georgo K. Curlier, That all the words after "thereof" in the said amendment bo left out, and tho following words iiisoi-tod instead thereof: — " It is the undoubted priviloRe of Parliament to fix and determine the amount of all expenditure charyeablo on the public funds of the Dom- inion." And the question having been put on the amendment to tho said proposed amendment, it was resolved in tho atlirmativo. And tho question on tho amendment to tho original question, so amended, being again proposed, Mr. Oliver moves, in amendment thereto, seconded by Mr. Magill :— That the following woi-ds bo added at tho end thereof: "But this House is of opinion that no further <^rant or provision, beyond those made by the Union Act and the Act rospectin, p. 245.) That this House will, on Monday next, resolve itself into a committee to consider further of the bill (Com. J., 1883, p. 150). MOTIONS RESl'ECTINtJ I'lUVATE BILLS. In case the Committee on nding Onlers roMornmend a sus- l)ension of tho 51st rule ros] g notice, tho following proceed- ing is necessary : Mr. Killam moves, seconded by Mr. Brown, "That the fifty-first rule of tliis House be suspended, in so far as it allocts tho f>etition of the Excliau:.:o Bank of Yarmouth, Nova Scotia, in accordance with tlio recommendation of the Select Standing Committee on Standing Orders. ' This motion having boon agreed, Mr. Killam moves, secondod by Mr. Brown, for leave to introduce tho bill as above. Title amended on Motion for Passage. Mr. Gault moves, secondod by Mr. Coursol, "That the bill do pass and that the title be ' An Act to amend the Act of incorporation of 'The Accident Insurance Company of Canada,' and to authorize the cliange of the name of ttie said Company to 'The Accident Insurance Company of North America.' " Disagreement to a Senate Arnendraent. The amendments made by the Senate to the bill intituled " An Act to incorporate the Missionary Society of the Wesleyan Methodist Church in Canada " were read second time. I: 'i hi if! ing of tho oi's of the o\v road a , Fisot: six moatba ' FORMS OF PETITIONS. 877 Tho first aniondmoiit havinfjj l»oo(» a,<,'roo(l to, Mr. McCarthy moveH, socondod l)y Mr. Cjuium'oh, of Victoria, to disaijjroo to tho second amondrnont for tho followiiif^ reason : (Hero state reason in full as on page l)2(», journals of 1SS3.) liefundimj of Fees on a Private Bill. !^[r. "Williams moves, seconded by Mr. White, of East Ilastin/fs, "That tlio fees and char^'es paid on the bill to incorporate the Univer- sity of Saskatchewan ami to authorizo tho I'.stablishmtuit of collo^'es within the limits of the diocesti of Saskatchewan l)e refunded, loss tho cost of printiuK and translation, in awor.lance with tho reconiniondation of the Select Standin;^ (■ommittee on Miscellaneous Private bills." Iff iil 5 1)0 road a i5.) itself into a 883, p. IS'O- nmond a Bus- ing proceed- in so far as.it sova Scotia, in fing Committee |vos, 8000 )ve. nded amend tlie Act Canada,' and to The Accident lintituled "An the Wosleyan Itime. I. FORM OF PETITION TO THE THREE BRANCHES OF PARLIA- MENT FOR A I'll IV ATE BILL. To His Excellency the Right Honourable Sir Frederick Arthur Stanley, Bartu .Stanley of Preston, Governor-Geaoral of Canada, etc., etc., etc., in Council. The Petition of the undersigned of the of humbly shewoth : That (Jiere state the object desired by the petitioner in soliciting an Act). Wherefore your petitioner humbly prays that Your Excellency may bo pleased to sanction tho passing of an Act {for the pur- poses above mentioned). And as in duty bound your petitioner will ever pray. { {To either House.) (Date.) ,ri- 4^ \ f Seal, in tho case of an existing (Signature) ] 'corporation. To the Honourable the [ HoTso of Commons } of Canada, in Parliament assembled : The Petition of the undersigned of the of humbly sheweth : That (here state the object desired by the petitioner in solicit- ing an Act.) Wherefore your petitioner humbly prays that your Honourable W: ill 878 API'FXDJX. House may bo pleased to pass an Act (for the purposes above men tianed). And as in duty bound your petitioner will over pray. (Sl^s^ntituro) ■{ Seal, as above. (Date.) J. NOTrFICATIOy OF VACANCIES IN THE HOUSE OF COMMONS AND OF SPEAKER'S U'AIiRANTS FOR NE]V WRITS. 1. Xofifiration by two members in case of a racancy by death or the aceejytaiwe of ojice. Dominion of Canada. To wit : House ok Commons. To the Honourable the Speaker of the House of Commons : Wc, the undorsiy;ned, hereby give notice that a vacancy hath occurred in the representation in the lEouso of Commons, for the Electoral District of (here sti:'te Electoral District, cause of vacancy and 7iame of member vacating seat). triven under Our Haiuis and Seals, at , this (lav of Member for the Electoral District of 21ember for the Electoral District of 2. Notification bi/ two members in case of absence of Speaker. Dominion of Canada, \ To wit : j House ok Commons. To the Clerk of the C'rown in Chancery. The Speaker of the House of Commons being absent from Canada, these are to roipiirc you, under and in virtue of the 41Hh Vic, Cap. 13, sec. 8, subsection 2, (Eeviscd Statutes of Canada) to make out a now writ for the election of a Member to serve in the present Parliament for the Electoral District of in the Province of in the room and place of who, since his election for the snid lillectoral District, hath !. V e men ovo. miONS TS. th or the na ncy liftth ,s, tbv the )f cacancy . this NOTIFICATION OF VACANCIES. S19 Given under Our hands and Seals, at , this day of in the year of Our Lord one thousand eight hundred and Member for the Electoral District of Member for the Electoral District of 3. Re$i(jnation of a Meinber, Dominion of Canada, \ To wit : ) House op Commons. To the Honourable Speaker of the House of Conimons : I, member of tlie House of Commons of Canada, for the electoral district of , do hereby resign my seat in the said House of Commons, for the constituency aforesaid. Given under my hand and seal at the of , IS Witness, iScc. this day r I \aker. Lent from If the 49th If Canada) lo servo in lath Speaker's Waurants for New "Writs op Election. 1. In case of death, resignation or acceptance of office. nion of Canada, ) tt « /-i m • -4 ' h House op Commons. To wit : j Domi To the Clerk of the Crown in Chancery : These arc to require you to make out a new writ for the elec- tion of a Member to serve in this present Parliament for the Klectoral Distiict of , in the room of who, since the election for the said Klectoral District liath (here state reason for issue of warrant ; acceptance of ojfice, resignation or decease). Given under my hand and seal at this day of in the year of Our Lord one thousand eight hundred and Speaker. I I 880 APPENDIX. 2. In case of voiding of seat bij decision of Election Court. Dominion of Canada, ) tt „ n To wit- f House op Commons. To the Clerk of the Crown in Chancery : These are to require you to make out a new writ for the election of a Member to servo in this present Parliament for the iiilectoral District of • in the room of whoso election for the said Electoral Disti-ict has been declared void. Given under my hand and seal at this day of in the year of Our Lord one thousand eight hundred and Upeaher K. MODEL BILL FOR THE INCORPORATION OF A RAIL- WAY COMPANY. No. .] 18 . An Act to incorporate the Eailway Company. Preamble. Incorpora- tion. Corporate nauO' W HER BIAS a petition has been presented praying for the incorporation of a company to construct and operate a railway as hereinafter set forth, and it is expedient to grant the pi-ayer of the said petition : There- fore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — 1. (Insert here names of those apphjinn for incorporation), together with such persons as become shareholders in the Company hereby incorporated, are hereby consti- tuted a body (corporate under the name of {here insert name of Companij), hereinafter called "the Company." Head office. 2. The head office of the Company shall be in the Line of railway described. Provisional directors. 3. The Company may lay out, construct and operate a railway of the gauge of four feet eight and one-half inches from a ])oint in oi- near the to a point in or near tiie {here insert and define clearly the route of the proposed rail- way and specify the principal points alony the said route) . 4. The persons mentioned by name in the first section of this Act are hereby constituted provisional directors of the Company. 11 lit: Lion oral I lor ker RAIL- itipany. raying nstruct nd it i?^ Therc- ,sent of itvcts as [ration), Iders in consti- [e insert W." Iho derate a [finches \sed rail- \oute) . section lirectors MODEL BILL FOR RAILWAY. 881 5. The capital stock of the Company shall be Cai.itai dollars, and may bo called u]) by the directors oamthere- from time to time, as they deem necessary, but no one""- call shall exceed ten per cent, on the shares subscribed. G. The annual general meeting of the shareholders Annual shall be held on the tirst in iu each year. Be»eriii -' meeting. 7. At such meeting the subscribers for the capital stock Number of assembled who have ])aid all calls due on tuoir shares shall '^''^'^c'^o'^- choose persons to be directors of the Com- pany, one or more of whom may be paid directors of the Company. 8. The Company may issue bonds, debentures or other Amount of securities to the extent of thousand dollars per{|^i|e'jf*'" mile of the railway and branches, and such bonds, deben- tures or other securities may be issued only in projior- tion to the length of railway constructed or under con- tract to be constructed. 9. The Company may enter into an agreement with Agree- (name the company or companies it is proposed to ma/ee]^^^^^^^^^ (ujreements with) for conveying or leasing to such com- company, pany the railway of the Company hereby incorporated, in whole or in part, or any rights or powers acquired under this Act, as also the surveys, plans, works, plant, material, machinei"y, and other property to it belonging, or for an amalgamation with sucli company, on such , terms and conditions as are agreed upon, and subject toth"8hare-° such restrictions as to the directors seem tit, provided jj^'^^^^(j^°y*i that such agreement has been tirst sanctioned by twi^-emorin thirds of the votes at a special general meeting of the^"""''''* bhareholders duly called for the purpose of considering the same, — at which meeting shareholders representing at least two-thirds in value of the stock are present in ]ierson or represented by proxy, — and that such agree- ment has also received the approval of the Governor in Council. 2. Such approval shall not be signified until after notice noUco of of the proposed application theretbr has been published "ppiioation in the manner and for the time set forth in section twOprovai hundred and thirty-nine of " The liailway Act,'' and also for a like period in one newsjiaper in each of the counties {or electoral districts) through which the railway of the ("Company hereby incorporated runs, and in which a news- paper is published. . ■| I 1. \. ;ii»i 66 HI 882 APPENDIX. RULES AND STANDING ORDERS OF THE ENGLISH HOUSE OF COMMONS RELATING TO DEBATE, ADJOURNMENT, CLOSURE, ETC. ' SITTINGS OF THE HOUSE. That tlio Chairman (A Ways and Means do talvo the Chair an Deputy Speaker, when re(|ue.sted to tlo so by Mr. Speaker, Avithout any formal communication to the House. And that Mr, Speaker do nominate, at the commencement of every Session, a panel of not more than live Members to act as temporary Chairmen of Committees, when reqiiestetl by the Chairman of Ways and Means. ADJOURNMENT OP THE HOUSE. ♦ Motk is for Adjournment after questions, on a matter of urgent public importance. A motion for the adjournment of the House, for the purpose of raising debate, may only be made when all the questions to members upon the jS'otice Paper luivo been disposed of, and be- fore the Orders of the Day, Notices of Motions, or Motions at the commencement of public business have been entered u]»on. The member who desires to make such motion, having pre- viously delivered to the speaker a written statement of the sub- ject to be discushcd, rises in his ])lace and states, that he asks leave to move the adJDurnment of the House for the purpose of discussing a definite matter of urgent public importance, and he states the matter. If the leave of the House be not given, Mr. Speaker desires those members who support the motion to rise in their places; and If not less than forty membei's rise accordingly, Mr. Speaker calls on the member to make the motion. If, however, fewer than forty members and not less than ton have so risen, the member may, if he thinks tit, claim a divi>^ion, upon question put forthwith, to determine whether such motion may bo made. Not more than one motion for adjournment undei- this Stand- ing Order (No. 17) can be made during a sitting of the House; nor may more than one matter of urgent public importance be raised upon such motion, A matter, submitted to the House in pursuance of this Standing Order, which fails to obtain the • Taken from S. 0., ordered to be printed, 7th March, 1888, and Rules and Orders (Palgrave), 1891. ig pi'C- e sub- 5 asks ^)0S0 «>f and Uw places ; Speaker fewei" the RULES AND STANDING ORDERS. 883 requisite support, cannot, during the same session, be agaia brought forward under this Standing Order. Nor can this Standing Order be used to raise discussion upon matters already- debated by the House during the current session, whether upon a previous motion, or upon an order of the day, nor upon mat- ters under notice for discussion, or standing as an order of the day, although the notice or order be previously witlidrawn at the same sitting. In like manner the debates on the terms of a bill in the House of Lords, or a matter of privilege cannot be brought before the House upon a motion for adjouvnmout. The right to make this motion does not preclude a motion for the immediate adjournment of the House, made at any time bo- fore the commencement of public business by a Minister of the Crown, if occasion for the motion has arisen. Debate on Motions for Adjournment. That when a Motion is made for the Adjournment of a Debate or of the House during any Debate, or thaL the Chairman of any Committee do rejjort progiess, or do leave the Chair, the Debate thereupon shall be conlined to I he matter of such Motion; and no Member, having moved or seconded sueh Motion, shall be entitled to move, or second, any similar Motion during the same Debate. Motions for Adjournment in abuse of the Rules of the House. That if Mr. Speaker or the Chairman of a Committee of the whole of the House, shall bo of opinion that a motion of Ad- journment of a Debate, or of the House, during any debate, or that the Chairman do report Progress, or do leave the Ci lir, is an abuse of the Rules of the House, he may forthwith put the question thereupon from the Chair, or ho may decline to propose the question thereupon to the House. Debate. Irrelevance or Repetition, That Mr. Speaker or the Chairman, after having called the attention of the House or of the Committee to the conduct of a Member who persists in irrelevance or tedious repetition either of his own arguments or of the arguments used by other Mem- bers in Debate, may direct him to discontinue his speech. Closure of Debate. That after a question has been proposed, a Member rising in- his place may claim to move, " That the question be now put," !i 111. i I '\i ■1 hi' II! lii 884 APPENDIX. and unless it shall appear to the Chair that such Motion is an abuse of the Rules of the House, or an infringement of the rights of the minority, the question, " That the question be now put," shall be put forthwith, and decided without Amendment or Debate. When the Motion "That the question be now put" has been carried, and the question consequent thereon has been decided, any further Motion may be made (the assent of the Chair, as aforesaid, not having been withheld) which may bo requisite to bring to a decision any quesi^on already proposed from the Chair ; and also if a Clause be then under consideration a Motion may be made (the assent of the Chair, as afoi-esaid, not having been withheld), That the question, That certain words of the Clause defined in the Motion stand part of the Clause, or that the Clause stand part of, or be added to the Bill, be now put. Such Motions shall be put forthwith, and decided without Amendment or Debate. Provided .avvaj^s, that this Rule cannot be put in force save when the Speaker or Chairman of Ways and Means is in the Chair.. Majority for Closure of Debate. That questions for closui-c of Debate under Standing Order No. 25 [just cited] shall be decided in the affirmative, if, when a division be taken, it appeai-s by the numbers declared from the Chair that not less than one hundred Members voted in the majority in support of the motion. DISORDERLY CONDUCT. That Mr. Speaker, or the Chairman, do order Members whose conduct is grossly disorderly, to withdraw immediately from the House during the remainder of that day's sitting ; and that the Serjeant-at-Arms do act on such Orders as he may receive from the Chair, in pursuance of this Resolution. But if on any occa- sion Mr. Speaker or the Chairman deems that his powers under this Standing Order are inadequate, he may name such Member or Members in pursuance of the Standing Order, " Order in Debate," or he may call upon the House to adjudge upon the conduct of such Member or Members. Provided always, That Members who are ordered to withdraw under this Standing Order, or who are suspended from the ser- vice of the House under the Standing Order, "Order in Debate," shall forthwith withdraw from the precincts of the House, sub- ject, however, in the case of such suspended Members, to the proviso in that Standing Order regarding their service on Private tBill Committees. RULES AND STANDING ORDERS. 885 r !' an the ent leen ierder in ipon the nthdraw the Ber- iDebate," ]u80, sub- to the private DIVISIONS. Two-Minute Glass to be turned. That HO soon as the voices have been taken, the Clerk shall turn a two-minute Sand-Glaiss, to be kept on the Table for that purpose, and the Doors shall not be clo.scd until after the lapse of two minutes as indicated by .such Sand-GIass. Doors to be closed after lapse of Tioo Minutes. That the Doors shall be closed so soon after the lapse of two minutes as the Speaker or the Chairman of the Committee of the whole House shall think proper to direct. Divisions frivolously claimed. That Mr. Speaker, or the Chairman may, after the lapse of two minutes as indicated by the Sand-Glass, if in his opinion the Division is frivolously or vexatiouslj' claimed, take the vote of the House, or Committee, by calling upon the Members who support, and who challenge his decision, successively to rise in their places; and he shall thereupon, as he thinks fit, either declare the determination oi' the House or Committee, or name Tellers for a Division. And in case there is no Division the Speaker or Chairma'i shall declare to the House or the Commit- teo the number of the minority who had challenged his decision, and their names shall bo thereupon taken down in the House, and printed with the list of divisions. BILLS. Consideration of a Bill as amended. 1, ii I That, when the Order of the Day for the considei-ation of a as amended in the Committee of the A• «■! -r CO CI i- rt I- r- !>. cz CO OS • flo -c CO X CO CO .1 f-H 1— ( 1-^ f^ f-.4 •— " OQ ^ ^, < ^ h-j U, s CO «- 00 ic eo 1— 1 i-H r-« . T ' ■ F t js-gc 03 ^2| Q ^"sl CO 05 1^ c. lo -< "-O c-i -f CO o « ri tc f: CO t^ M M X «■> o -M -H ic >-< O 00 lO «5 X r-( -JD O O 00 C-. 3i CO O C. O O"-' 1 ~ ^ t>. 05 C5 (M "5 »-H F-t T— 1 »— • r-1 r-4 COOO^'MI'JCC-t>iCOI>-C0050'-i'M:-5-*'>-OOr>-COOiOi-H O -O l^ 1- I^ 1- 1- t- 1- 1^ 1- t^ l^ OO X CO JO X C» CO CO X CO 05 05 g COCOCOXXXCOXCCOOXCOCCXXCOCCXCOXXXCOCCX 1 c c-i SI e-i TT -i< :■: i^ CO X s 1 X o Lo i^ -^ I- ic Ci c- e^t CO 'M (N ;3 o C^ (M rH rH rl 1-1 W i-lCli-. 05 o .-1 oi CO CO -r lo o !>■ X 35 o o 01 CO -t I?; •— 1- X C5 o "-I CC ~ l^ t- l~ t^ '^ l^ t- '^ '^ '- '^ X X X X X CO X X X X ^i 05 CO 00 00 X X X X X X X X X 00 X X CO XX X X X X X X X ,^ ,^ ^ ^ _ ^^ o a J!!^<^;^^i<• ^ No. of liamei ^ U U >- ^ *-i Ih =* ^ ^ ^ i* ^'^ «4 CLi Ph Ph Pi Ph Ph f^l 1 -►a '2 "^ -^ j3 .a .a Ph ^ Ol CO T 1.0 O l^ ^3 S > '^ CO t- oj 1-1 i-o CO CO f lo »o 1 i-l(MS0-fiC«>t>.t*Q005Oi-liMC0-fiCC0I^X05O^0ie0f eoeocoeoeoeoeoeococoi'-fi'^-f^T^f'-r-i'iCiOioiO'O s s a -3 w C 3 o <5 5/ e5 a o s e Pi clf A. at (5^ FORMS FOR DIVORCE. N. 889 s •< I a ••■» .! U a p -3 e 3 r-l a a s E s o '•3 FORMS IN PROCFFDIXGS FOR DIVORCE. Rule W op Senate. The wubjoiiiod forms, varied to suit tlio circumstanccH of the case, or forms to the iiUo ellbct, may bo used in proceedings for i>ivorco. FORMS. "A" NOTICE OF APPLICATION FOR DIVORCE. Notice is hereby given that (name of applicant in full) of the of , in the founty (or district) of , in the Province of , (here state the addition or occupation, if any, of applicant), will apply to the Par- liament of Canada, at the next session thereof, for a Bill of Di- vorce from his wife (or her husband), (here state na7ncs in full, residence or addition or occupation, if any, of the person from whom the divorce is soughf), on the ground of (adultery, adultery and desertion, or as the case may be). Dated at Province of day of 189 , '\ Signature o, , [• or of i > 3 applic )/ applicant solicitor for \pplicant. (When any particular relief is to he applied for, the nature thereof should be briefly indicated in the notice.) "B" DECLARATION AS TO SERVICE OK NOTICE WHEN MADE PERSONALLY. Province of County (or district) of To Wit: in the county I, A. B., of the of (or district) of in the Province of (occupation) do solemnly de- clare : 1. That on the day of A.D. 189 , 1 personally served C. D. (name of person sewed) with a true copy of the notice hereto attached and marked " A," by giving the said copy to and leaving it with the said C. D. at (state place of service). h 890 APPEND IX. 2. That I know tho naitl C. J), and that I holiovo him to ho tho person doscribcd in the said notice au tho huwhand ofE. K. thoro- in iinmed. {^Add any statements made by C. D. to the person effecting the ser- vice s/iowitKj identity.) And I malio this Holonin dechiration eonsciontiously holiovin;^ th<' :;aiuo to bo true, and by virtuo of tho " Act rcspectiny Extni- Judicial Oaths." Dotlarod bjforo me, at tho of") Siijnature of in the; county of , in tho | declarant. Province of , this day of A.D. 189 . Note. — Exhihits attached to the declaration should be verified under the hand of the puldic functionary before whom the declaration is made. "C" OENEIIAL t'ORM OF PETITION. To the Ilouourablo the Senate of Canada in Parliament assem- bled : The petition of A. B., of tho of , in tho County of in tho Province of , tho lawful wife of C. D., of, &c. (state names in fully resid^'nce ami occupation.) Humbly sheweth : 1. That on or about the day of , A.D. 189 , your petitioner, then A. X, (spinster or as the case may be), was lawfully married to tho said C. D. at 2. That the said marriage was by license duly obtained (or as the case may be) and was celebrated by 15. That at the time of tho said marriage your petitioner and the said C. D. were domiciled in Canada, and have ever since continued to be and are now domiciled in Canada. (All facts as to the residence and domicile of the parties at and since their marriage should be stated with particularity.) 4. That after her said marriage your petitioner lived and co- habited with her said husband at , and that there are now living issue of the said marriage children, viz : Mary D., born tho day of , 189 , and Elizabeth D., born the day of A.I). 189 . HI rORMS FOR mVORCK. o bo tlio K. the 10- g the ser- bolioving 17 Extra- ijnature of declarant. •ified iimhr daration is lent assem- 'sid^nce and 05 the case viiicd (or as Ititioner ami ever since •-ties at and ived and co- of the said llizabelh D., .D. 189 . 5. That on .or about the A.l). 181) ,attho da}' of 8!)1 ill tho with one (J. H. tho said C. D. committed adultery of , spinster, and ninco then on diverft occaHionf* has committed adultery with tliu ttaid (J. If. fi. That your petitioiior cvor siiico she discovered lu^r said husbantl luid eonimitlcd the >:iid udiiltery has lived soparato and a))art from him and the said ('. |). has not since cohaliited with your petitioner. 7. That your ])etitioner has not in any way condoned the adultery eommitted by the said ( '. I)., and that no collusion or connivance exists between myself and the >aid (J. I), to obtain a dissolution of our said marria^'c. Your potitioner therefore humbly prays : That your Honourable House will be jdeased to ]»ass an Act dissolvin<^ tho said marria<^e botweon your jiotitioner ami the saiil ('. I)., and enubliii/^ your potitioner to marry attain, and <,qving lo your potitioner the custody of tho said Mary 1). and Klizaboth D., and grantiii<:; your petitioner such further and other relief in tho jiremisos as to your llonourablo House may seem moot. And as in duty bound your petitioner will over pray. Siijnature of Petitioner. DECLARATION VERIFYING PETITION. I, A. B., of the Province of County {or District) op To Wit : of , in tho County >of , in the Province of , {occupation, if any. In the case of the wife be- ing the applicant, s^y " wife of C. D. ' and give names, residence and occupation or addition of the husband), the petitioner in the fore- going petition named, do solemnly declare : — 1. That, to the best of my knowledge and belief, the allega- tions contained in the paragraphs of the foregoing petition, numbered respectively , are, and each of them, is true. 2. (If any matter is alleged, of which the petitioner has not per- sonal knowledge, add " That, with respect to the matters alleged in the paragraphs of the foregoing petition, numbered respectively \ \ 892 APPENDIX. , I am credilAy informed and believe them, and each of them, to be true.'') And I make this solemn doclaration conscientiously believing tlie -same to be true, and by Vii-tiio of tb-^ " Act respecting Extra- judicial Oatfis." Declared before me, at the , in the CoiKity of in the Province of day of A. D. 189 of of Signature of declarant. O. SUPPLEMENTARY NOTES TO TEXT OF THIS WORK. The following notes refer to pi'oceedings of the session of the Dominion Parliament for 1891, after this woi'k was nearly all in type and arc; necessary to make it complete to the latest date possible. ]'>i 1. The Ri(/hts of the Dominion in Public Harbours. See supra, p. 104. During the session of 1891 an act was ])assed '-authorizing" the ti'ansfcr ofCei'tain public property to the provincial govern- ments. (See 54-55 Vict •. 7.) I»; transferred generally, with certain limitations, all the interest of her .Majesty in the right of Canada in the foreshore and bed of every stream, river, lake, harbour, bay, open sea or other territorial waters of Canada witl'.n the respective limits of the provinces. This legislation Avas necessary lo remove doubts as to the ownership of the fore- shores of Canada. Outside of tlio limits of public harl)Ours there had been no authoritative decision as to where the right of prop- erty lies. In the course of the discussion on the bill refe'"uice was made to the case of Holman v. (Ireen (Suj). Court of (van. vi. 707) where it was decided that the public harboui's, which by the H. N. A. Act are declared to bo the ))roperty of the Dominion, iacludc all harbours, together with the bed and soil thereof, wiiioh the public have the right to use, and are not limited to such as at the time of confederation had been artiricially con- structed or improved at the public expense; and where a grant of part of the foreshore of a natural harbour r-^ed as such by the public, was made by the provincial government of Prince Ed- S I Tf'LEMEXTA li Y NO TES. 803 i each eving '^xtra- waid Island subsequent to the ailmission of that piovinco into the union, the ^lant was held to bo invalid. (8eo .Doi)ato in Can. Hans., Auii;. 17 and Sept. 28, ISOl.) The assent of the Crown was ^ivcn on the third readinj^ of the bill, as it involved, in the view of the Government, the right of the Crown in the public domain. ture of irant. UK. of the y all in )8t date u-ovei'n- y, with right of 2. Franchise Act. See supra, p. 147. In the session of 1891, the HIectoial Franchise Act vvur^ furtlier amended. (See 54-55 Vict. c. 18.) As no statement in the text of this work is changed by the statute in question, it is not ne- cessary to do more than mention its passage in these supp'omcn- tary notes. .*>. Dominion Elections. See suj:)ra, p, 151. In the se- .on ot 1891 the Dominion Klections Act was further amended. (See 54-55 Vict. c. 19.) By this amending act more stringent provisions are made foi* the security of ballot boxes, and for ascertaining the cause of theii- disappearance in any case. As the la'v now is, the returning officer has to take immediate measures to ascertain, by such evidence as ho is able to obtain, the total number of votes given to each candidate at the several polling pliices. The i-eturning officer must return the candidate with the majoi'it}' of votes, and make a special report of the cir- cumstances accompanying the disappearance of the ballot boxes. lie must, immediately after the sixth day, when he has made his linal addition under section 00 ot" the Dominion hllcctions Act, or after he lias ascertained under the circumstances just stated, the total numhei- of votes given for each camlidate, urdess before tiiat time he receives notice that he is recpiired to attend before a judge for the pui-pose of a linal addition or recount by such iudge, of iho voles given at the election, and where there has Icon a final adilition or re-couTit by the judge immediately thei-e- ;ilter, transmit his return to the Clerk of the Crown in C'lianceiy that the candidate having the largest number of votes has been duly elected, and shall foi-vvard to each of the respective candi- dates a duplicate or copy thereof. It is also provided in this amending act that " the Clerk of the Crown in Chancery shall, on re^'eat was contested at the time of resignation and rocorn- lui'nded the withdrawal of tho warrant Ibr ihe issue of a writ of election. They also expro>sod the opinion that under the preM(Uit state of the law, the Speakei", when not aware of tho con- testation of the election, may properly i^-m; his warrant, and that it was necessary to amend the Statute by providing that in future an otficor of ih<' l"ilcction Court sludl notify the Speaker of the tiliog ot a petition against the seat. No further stops, how- SUPPLEMmTARY NOTES. 895 ever, were taken durini^ the session. (See Can. Hans, and Jour. 1891, Aug. 18 and Sept. 1 and 2.) The Speaker issued a writ of supersedeas withdrawing his warrant. 6. Mileage of Members. See supra, p. 192, n. In the session of 1891, an act was passed (54-55 Vict., c. 21) to prevent members drawing mileage expenses shoukl their resiileiico be outside of Canada, as actually happened in 1890 in the case of a member who was living at the time in London, jiirlaiid. See Can. Uans., 1891, May IS. T. A Mimher expelled from the House. See supra, p. 197. In the session of 1891, after the adoption of a report of the Committee of Privileges and I'.lcclions highly condemnatory of the acts of Thomas ^[(tCrcevy, a member of the House of Commons, in eonneelion with certain important contracts for ])ul)lic work.-, it was resolved, nem. con., that the said member " having bet ii guilty of a contempt of the authority of the llousi^ by failing to obey its order to attend in his place therein, and having been adjudged guilty by the House of certain of the ollonces charged against him on the eleventh day of .May last, be expelled from tin; House." A warrant tor a new writ of election was at onc'j ordered, as the law leaves the matter in the hands of the House in such cases. For lii>toiy ol" this niemorable case of inquiry into the acts of the memi)er in (question, and the mamigement of the dei)artment of jiublic woi-ks in connection with the letting of public contracts, see Cati. Hans, and Jour., 1891, May 11, and Sept. 16, 21, 22, 23 and 24, and App. to .lour., whore proceedings and evidence are given in full. 8. Senate Address amended by the Commons, See supra, p. 352. On Sept. 3t), 1891, the House of Commons amendeil an address f;om the Senate to the Queen, with respect to certain treaties all'ecting the trade relations of Canada. The Senate concurred in the amendment, and the Commons then passeil th(» usual address to the tiovernor-(ieneral, asking him to transmit the address to her Majesty. Ar. amendment to an address has not been rendered necessaiy since 1840 in the Canadian Housiis, but it was no! unusual in the legislature of the old province of Upper ' anjidtt. ^Soe for cases of asseniblv addresses amended, Upp. ?- , proniierofthe Govern- ment, «11, 812, ?).; his opinion in divorce cases, 754. j Absence, leave of, 190, 101. i Abstract resolutions, 5o'J-538. | Accounts and I'ap&rs; presentation, ;'>'2!» ; character of, ;>:)0-:'.32 ; form ; of motions for, 332 ; distinction between addresses and orders, 332-334 ; returns in answer, 33"), 33() ; often presented in a session subseciuent to the order, 33."); or- dered to he printed, ;>35, ?3(), 343 ; carefulness in prei)anition neces- sary, 33t) ; sometimes presented ; by nnnisters without a formal | motion, //;. /circumstances under ' wiiich paj^rs are refused, 3:')7-41 ; ! when public interests demand it, 337; coniidontial comm mica- tions, 33S; rules of imperial ^'ov- ernment with reaiiect to jjovernor- jreneral's despatciies, :> .9 ; should not be asked for purposes of pri- vate litigation. 340, 341 ; should relate to matters within legitim- ate functions of parliament, 341, 342; institutions established lor public objects or comjianies to whom parliament has given cer- tain privileges, should allbrd all projior information wlien called upon, 342 ; printing of documents, 343-349 ; interchange of docu- ments between the liouses, 4G7. Acts of parliament; how intro- duced, 585 (t f€(j. ; remain in cus- j tody of clerk of the parliaments, | 662. See Chap. XVllI on Public Billf. 6t Anni!Es.sE,s : T. Address in an-wer to speech at tiie opening of parliament ; proceedings in the Senate, 273 ; in the Commons, 2^<1-2S">. II. On general sulijects, *o the (jueeii or the irovemor-genernl, 3r)0 ; founded on resolutions, 351 ; select committee appointed to draft the same, Ih. III. .loint, originating in the the <\tmmons, 300, 351; in the Senate, 351, 352 ; amended by tlie Commons and agreed to as amended by Senate, S95. IV. Of condolence or congratu- lation to the sovereign, passed new. con., 354, ;;55 ; to the gov- ernor-general in case « if elevation to the i)eerage, 355, 35G. V. On retirement of governor- general, 350, ;)57 ; proceedings in case of Lord Lisgar, 356 ; of Lord Uullerin, lb. ; of Lord Lome, lb. VI. Presentation, 3>57-360. mode of, VII. To the Prince of Wales in 1860, 363-365. VIII. Vor accounts and papers, 332,359. See Accounts and Papers, IX. For a certain expenditure, 361, 363; procedure in Engliph Commons, 573, 674 ; cannot be moved in Canadian house with- 893 ADDREHSEiS — INDEX. V out recommendation of governor- general, 575. Adjournment; of parliament at pleasure of sovereign, 287 ; house not bound to obey such com- mands, 28S ; over bolidays, 291 ; for a long period, 292 ; in case of decease of member, 293 ; during pleasure, 297; in absence of quo- rum, 298 ; of debate on bill, 30« ; on notices of motions, :510-3!2; on questions for reception of peti- tions, 317; on a (luestion of pri- vilege, :)7>S ; of the bouso to su|)er- sede a (juostion, 395 ; of debate, should be pure and simple, 39(> ; of the bouso, or of the debate, may be moved lo previous ques- tion, or to reading orders of the day, 400; debates on motions, 410 et Mq. ; reply allowed to mover of substantive question for ad- journmont of the bouse, 41(),417 ; prooeduroinCatiadianCouimons, 417 ; limitations to debate on mo- tions, 417 it .«<'/.; new rules of English Commons to ])revent abuse of motions, see A pp. L. Ajjirmatioii. See O'lllin. Agents, parliamentary, 702. Agriculture and colonisation, com- mittee ai)pointod in the Com- mons, 49:1. Algoma, eltction for, when held for Ontario Legislature, 70, v. Aliens, petitions from, 320. Allan, Mr. 8pd2 ; to appropriation or supply bill, 508-.')70. See Billf. Amherst, Sir .Teflery, first governor of Canada, 7, n. Amyot, Mr., his opinions as to questions of jurisdiction atlecting private bill legislation, 081, n. Anglin, Mr. Speaker: resigns, 175; re-electod, 189; makes certain ap;x)intments, not sanctionod, 221, 11; his opinions on i)oints of I order, 320, ;!24,n. ; 330, /(. ; 34s, n.; 391, ri. Annai)olis, capital of Nova Scotia until 1749, 71, ?i. Annunciation, liouses adiourn over, 292. Apologies, required of and given by members, 434, 435, 436,438. Appendix to this work : llriti.xh North America Act (1807); an act resiHscting the establishment of provin<'es in the Dominion of Canada (34-35 Vict., c. 28); an act to removo certain doubts with respect to the powers of the par- liament of Canada under section 18 of the B. N. A. Act (38-39 Vict., c. 38) ; an nrt resiKicting the repre.sentation in the parlia> ment of Canada of torritciries, etc. (49-50 Vict., c. 35) ; governor- general's instructions, etc. ; pro- clamation summoning parlia- ment ; prayers ; forms of mo- tions and jietitions ; Sjwaker's warrants ; model bill for railway charters; recent standing orders of English Commons ; table showing duration, etc., of each INDEX. Amendments'— coMtJnut'ti. Canadian parliament, 1S67-1891 ; forms in divorce proceedings ; supplementary notices of pre- cedents of parliamentary session of 1891. See list from A at commencement of A pp. toO-, at end of same. Appropriation accounts, audit of, 577 it st. ; statutes de- lininj; privilej^es of tlie jiarliu- ment of Canadai 234, 235 ; of local lejrisiaturcs, 255, 25G ; duration of the privilege, 2;!8 ; causes of ar- rest, communicated by tlio crown, 'Ml; by magistrates or jud};es, 238, }(, 3G2 ; witnesi^cs, counsel, and otiiers in aitendance on parliament privileged, 2-i4. Ascension Dav, houses do not sit, 292. Ash Wednesdav, liouses do not sit, 292. A ssaultiu}.', threatening or challen«;- ing of members, broaches of pri- vilege, 242. Assent, royal, to bills, 045 d niq. Attempts to bribe membersj.broach of ])rivilege, 243. Attendance of members; on par- liament, 190 ; on committees, 500, 501 ; call of the house no longer usual, ISl. Auditor-Cieneral ; ap{>ointment by commission, 577; his duties, 577 et mj. ; with respect to accounts and expenditures of the two houses, 580, 581 . Baird, Mr., question as to his elec- tion for Queen's, N.B., lt)4-lt)5. Ballot, at to, 147. 899 elections, acts relative Banking and Commerce, commit- tee of; appointed in the Senate, 492; in the Commons, 493 ; bills ref«rred. 72t>, 727, n ; bills respect- ing, originate in committee of whole, 592. Bankruptcy, position of senators affected by, 142. Bankruptcy and Insolvency, deci- sion of privy council in relation thereto, 12»>,' Bar of the House; in the Senate, witnesses examined at) 250, 527 ; oath administered under act, 528; in tiie Commons, witnesses examined. 250. Boaujen, M. do, niriouscase of his resignation while seat contested, 184, N. Bills : I. In Otniral. — Definition, 582 ; divided into distinct parts, Ih. ; preamble, 5S3 ; oniicting author, ity, preaml)lo in sup|ily bill, II).; 5S4; divided into two classes, public and i)rivate, 5S5 ; may ori- ginate as a rule in either house, //'. ; aj)proi)riation or tax bills, initiated in tho Commons, lb. ; Senate bills involving expendi- ture or taxes, laid aside, or sent back with reasons for disagree- nient, 580 ; Commons waive pri- vileges in certain cases, 587 ; j)ecuniury penalties or fees for services performed, Ih.; bills in upper house presented with money clauses in italics struck out in committee, 588. II. Introduction. — No notice in Senate, 588 ; but one necessary in Commons, 589 ; jn-ocedureon mo- tion for leave, lb. ; tirst reading, 590 ; not read at length, lb. ; re- lating to trade, originating in committee of w hole, 591 tt scq. ; precedents of bills of this nature, 592-595 ; involving public aid or M ! I i( ■srx" 900 INDEX. y\ itith charges, considered lirst in com- mittee of tl'.a whole, 5!10 ; proce- dure in case of bills incidentally affecting the revenue, -t^M', rule does not apply to pcimiary pen- alties, ")08; or to fees or charges for services jierformed, 5iiS-(j()0; or to declaratory acts, (KtO; or to local rates or charges, GOl ; clauses in consolidation bills im- posing now charges originate in committee, (iOL*; introduced by mistake, (>35 ; once presented not altered except by house, t)3f^. III. Sirond Ji((ulih(/. — Motion proposed, (iO-; must bo printed i in two languages, 00:5 ; ijrincijiio j of bill di.scussed, /''. ; amend- I monts at this stage, (KM ; motidu i superseded, /'/. : but bill may be j revived, (iOo : order discharged and bill withdrawn, Ih, IV. 0)
    . ; clauses not discussed in detail, /'<. V. Inslructionit. — Time for mov- ing, ii()7 ; their nature, (iOS ; pre- cedents from English practice, G08 tt fifj. ; from Canadian prac- tice, GOO, GIO ; rule re8|)ecting, l!>. ; procedure in csises of expenditure or taxes, Gil ; or trade, Ih.; not mandatory, 012 ; cannot be moved alter reading of order for house again in committee, G13. VI. Reference to Select '.'ommit' tee. — Frecjuently done, 613; ad- vantages of practice, 014 ; several bills referred at one time, Jh. ; reported, G15. VII. I7i Committee of the Whole. — In the Senate, 616 ; (title), lb., 618; (clauses), //>. ; amendments proposed, 617 ; limitations, lb.; notice need not be given, 615 ; money or tax clauses must be considered in a previous commit- tee, 619,620; reconsideration of clauses, 621 ; progress reported, 622; no report, 76.; bill super- BiLLK — con tin tied. seded, lb, ; but may be revived, fb, ; cases of no reference to com- mittee, 025; reported, 623; may be recommitted any number of times, 624. VIII. Jieported from Committee of the 117/o/t'— Received forthwith, when not amended, G23 ; bill con- sidered, when amended, imme- diately or at a future time, 023- G25. I X . Third lien din g.—Vrocednre in the Senate, of amending at this stage, 020; no amendment in Commons but of a verbal nature, lb. ; must go back to committee to amend materially, lb. X. Pa-omtje. — Amendments, G27; cannot go back to commit- tee, lb., 028; title amended, 028. XI. Amendment.'^ after jxDmage- —Bill taken up to other h(iu>e, f)2S; amendments thereto, 020; agreed to, Jb. ; or disagreed to for reasons, lb. : either house may insist or not insist on disa- greement, (530 ; congeipiential amendments infringing on Com- mons i)rivi leges, 031 ; debate limited at this stage, lb. ; amend- ments infringing on Commons privileges, 032. XII. Royid Asi>ent.— By the governor-general, 045; reserved bills, 646 e/ feq.; royal instruc- tions, 648, 640; changes therein, 650; imperial power of disallow- ance, G51, 652; copies of acts transmitted to imperial authori- ties, 653; assent -m presence of the two houses lb. ; informali- ties in passagoof a bill which has received assent, 655 ; English pre- cedents, lb. ; Quebec case, lb. ; assent in the provincial legisla- tures, 656; lieutenant-governors in certain cases withhold it, 657, 658 ; an exceptional practice not explained, 658 et 8< ly. XIII. Variotis Proceedings. — INDEX. 901 BiUM— continued. Revival of a bill temporarily sus- pended, H:i3-<):?r) ; expedition in passage, 6;5') : practice in Senate, <)3(>; in the Commons, ll>.; Eng- lisii procedure exnlained, 037 ; mistakes corrected tlurinji pas- sage, 039; amendments left out and subset lucntly added, Ih.; re- turn of bill not' passed all its stages, 040; royal consent not given, Ih. ; bill lost by accident, 11). ; once rejected not again of- fered in same session, 041 ; ex- ceptions to general rule, 042; bills (if the same title and pur- port. 044; amendment or repeal in tlio same session, 000 ; com- mencement of an act, 001 ; duty of the clerk of the parliaments, III. ; distribution of the statutes, 001,002, Black Rod. Hod. See Ushir of thf lUuck Blake. Edward, Hon.; his mission to England and consequent mo- difications in governor-general's instructions, etc., 52, n. ; his opi- nions on (piestions of legislative jurisdiction, 80, n.; as to an act whicii had not passed all its stages, 6r)l. Blanchet, Mr. Speaker; road juiiy- ers in French and Englisii, 300 ; Ids decisions on points of order, 317, ». ,-331,038. Boards of trade, bills relative to, 66'J. Books, newspapers, documents, not read in certain cases, 40S ei tit'i/. Bouc, C. B., expelled from as^sem- bly of Lower Canada, 19"). Boundary ijuestion, 123, 124. Bourinot, Senator, adjournment of Senate on his death, 293, )(. Brand, Mr., elected Speaker of Eng- lish Commons, 20S. Breach nf Privilege. See Privileges of Parliament. Bribery at elections, acts to pre- vent, 100 el »eii. Bribes, resolution declaring offer of, to mombors, a breach of pri- vilege, made standing order of Commons. 24:'>. British Ci(> ; legislatures of Ontario and Quebec, summon- ed, continuance of election laws, etc., .S1-S7 ; constitutions of Nova Scotia and New Brunswi(;k, 88 ; first election in provinces, 89; application to legislatures of pro- visions resi^cting money votes, etc., !t(t. Distriltution of legis- lativii powers : Of parliament, 91 ; of provincial legislatures, 92 ; education,93. Uniformity of laws in Ontario, N'ova Scotia and New r>runswit'k, '.t4. Agriculture and immigration, 95. .1 udicature, 90- 101. Revenues, deiits,asset>», tax- ation, 102-120. Miscellaneous pro- visions : As to legislative coun- cillors of j)rovinces becoming senators, 127; oath of allegiance, how administered, 12*^; continu- ance of existing laws, courts, oflicers, etc., 129 ; transfer of ofli- cers to Canada, 130 ; apix)intment of new oflicers, 131 ; treaty obli- gations, 132 ; use of English and French languages, 133; appoint- ment of executive oflicers for Ontario and Quebec, 134 ; powers r^ ■HP 902 JXDEX. III: M' n BniTisn North Ameru \ Aci— rox- tiniK (i. and (liitieH of oxerinive ollicors, 135 ;irn'at8Pnls.l3() ; construction of temporary actH, I'M; as to er- rors in names, K's ; as t<> issue of proclamations liofon- union, to commence after union, 130; as to insue of proclamations after union, 140; penitentiary, 141; arbitration respectinndelits, 142; division of records, I41J ; constitu- tion of townships in(iiiol)cc, 144. Intercolonial railway, 1\'<. Ad- mission of other colonies, 14(1-147. Schedules: I. Electoral districts of Ontario; II. Electoral Vict., c. L'8; .AS.3i» Vict., c. :ts ; 4!t-oO Vict, c. ."to. (.S'e App. I{. (". I>.) Builgrt Sf„cch. See Chui^hr XVII. oil }>lip})lil, Hi r. 7. Cam. of tlio House, no lou'^'er usual in Canadian Commons, 101. Campbell I)ivorce Case, ""J., >i. Campbell, Sir A. ; member of (Jue- hec Conference. 4;!, n. ; his opi- nions on coiistitulional and par- liamentary ijuestions, til, ii. ; 'V,\7, 7(. ; 7(i(), ji. Canada Oazetto; how pubiislied, 345; rules published therein rcs- I)ectinjr private bills, 700, 71n; notice in divorce ciisas, 7")7, 7o8, «. ; orders in council and pro(!la- mations, SCO. Canada, I'drliameniar;; limtitulious hi. See I'arlianuntarij Jni>tilriiionii, etc. Canada Temperance Act. See Wm- peranci Act. Candidates for the House of Com- mons; eligibility of, 14(),147, KW (Itaini case) ; KiO (dual represen- tation); 17() (ineligible as con- tract ors.orwiiilo in pay of govern- ment); 185 (insane jiersons). Ca|)e IJroton, island of, annexe^l to Nova Scotia, 71, /(. ' Cartier, Sir (ieortre K., his remains ' interred at public exi^'usc, 574; address in the Conunons on the suhji'ct, III. Casting voict* of Siieaker of the Commons. See Cliaptvr XIII. on IHriitioiiH, Kic, 4. Caucli ii,Mr. .loseph, first Si>eaker of Senate, 45, v. Census of Canada, 14, v.; ;!9, n. ; I 145,n. ' <"ertiticates ; appointment of sena- tors, laid before Senate, by i speaker, 143, 271 ; by clerk, 272'; \ of rt'turn of new mendu>rs in the I Commons by speaker, ISO, 280, ■_'.S5 ; on certain occasions by 1 clerk, 180; proceedings in case of I non-production, 18(1; of jud^'es in election cases, 2S0, 285. Chairmen of Committees; of the whole house, in the Senate, ISO; in the Commons, 481 ; iKTmanent chairman, who acts as dejjuty si>eaker, appointed, Il>.; of select committees, 504; how he votes in the Senate, 50S; in the Com- mons, 500. Chai)lain ; apjwinted in the Senate by the governor-jreneral, 206; reads |)rayers daily, ;50o. Chatham, Earl of, on the Quebec Act, 10. Christie, Robert, expelled from Lower Canada Assembly, 195. Christie, Mr. SiJ^-aker ; his opinions on cjuestions of procedure, I>2;>, (/. ; bis decease and funeral, 203. re I ! ' iSfiEX. 003 Citizens A- Quoen In-urance Co's <■. I'araons, W. f.f the [it(\ ISO; Miiinont lot select lie votes ],e Com- Quebe<" e,\ from |y, lor). 1 opinions J o>y\ luueral, Civil Code of Frendi 10, 134. Canada, 1., Civil Sorviif, legislation rortpect- intr, 3({, V. Civil Lis^, fontrul of, 'Mi. ClauscH; money m bills, oOT ; in- volving' taxation, 5' .s, oil; }io\v tnkon lip in conimitteeH on bills, 597. UlO, t(20. Clerj;y Hoserves, tiieir history and ahiilition,:>3, ;;4. Clerk Assistant; ap|H)int«>d in the .Senate, L'dj"); in the Conunons, U18 ; stH'ond clerk assistuiit in tho ConinioLs, .sometimes appointcil , lb., ». Clerk of the Crown in Cliancery ; apjKiinted by the Crown, his duties, 'J'.'.'); attends tlie house with election returns, amends the same when S'> ordered, 224 ; rea. ; is present with return book of niembejs at o|H»nin;.' of new parliament, 273; attends and amends an election return, 18."), w. Clerk oftlu^ House of Commons; ai)|K)inted by commisaion under tho (.'reat seal, 21.'); his duties, 215-218; has control ami direc- tion of ollicers and dorks, 217; has one or more assistants at the table, 218, 2I!>; employs extra writers, Il>.; administers oath of allegiance to memliers,;>(r '/3.'>; reHpoii>il>le for safe keei)in^ of pa|ierB ami re- cords, 217; may amend notices ofmutioiiHor questions. ;!08. /i. ; takes down a niemher'B words, by order of sjieaker, 435, 43(i ; records divihions, 44!', 4'"i(i ; takes nuHsaires to the Senate, 4(iO ; may attend comiiiitt«>e rif other liouso as witne.ss, i>n leave heinji ;j;iven him, 401. Clerk of th. .Senate; ap])ointed by <'ommissiMM under tlu^ itreat seal, 204; acts as at' ountant, Ih.-. his !j:enernl dutic.-, //<. ; styled clerk of the pailiamentH, /'■. ; ^'ives certified cojiies of acts, 204, 2(i5 ; certifies minutes transmitted to ^rovernor-^reiieral, 2o7 ; can a])- point a deputy, 205, //. ; si^ns ordei-s for aiteiulance of witnes- ses, 250 ; [pnicet'diiiL's in case of a new appointment, 272; communi- cates messa^rcs to lower house, 400; may, liy order, atteixl Com- mons committees as witnefcs, or comnmnicate certain pajjers, 401. Cler|.'v Kesei vcs, iniestion settled, ;«, ;)4. Closed doors: matters of order dis- cussed, in tho Senate, 427,428; in the Commons, .■!02 ; prnvers, [h. Cockburn.Mr. SfK»aker,firstsi)eaker of Ibmse of Commons, 45, h. ; re- ai){K)inted, 215, n. ; his decisions on iioiiits of order. :!2:m300; 411, 11. ; (do. Colliorne, Sir.Iohn, lieutenant-gov- ernor of llp|x ; for l»n'a(!; cun- c'luded by proroiration, LM". CoMMiTTi;i>: I. Coiinnittii' f>i till- W'lidl, ; owe tboir orJL'in to " .rrand (dinmit- tees," 477; on tiie .stat« of tbi^ jirovinco no loii^'(>r ciiHioiiiury, 478; adviir.tauu.s, 47!»; rules of tbe Senate, //'. ;in tiie Coninions, 480; pertjKiiieiit cjiairinan ap- pointed in ibo ( 'niiiiiions, ISl ; (|UestionM of ordei' ibMided iiy tliH ebairniaii, 4SJ ; disorder tiiortun rensured iiy bouse only, ///. ; pro;.'ross re|)oried, 48.'!; i|iie>tion of order relerred to speaker, ///. ; no (|Ue>tii 'U put oil resnniintrcoiu- niittet* on a i|Ue>tion, except in case of coniniittees of supi)ly and ways auii niejins, Jh. ; record of proceediutrs 4S4; division tiiere- in, 4S.'i ; ii(, names lecorded, ///. ; <|uestion (superseded liy motion tiiat cbairman do leave tiie cbair, //'. ; but may lie revived, 4N(i ; no (|Uorum, 4.s7; proceedings at six o'clock, 4h8: report. 4SS,4S!>; new rules of tbe Knglisb < Simmons, 4S<>, 4!tO. See A|.p. I,. II. Stdhilihfj or Si .isifmtd : In tiie Senate, 4'.)! ; l)ankin(; and commerce, etc., 4!t2 ; in tlie < 'om- mons, 4!';;, 4!»4 ; procoilure in appointing, Ih. ; numi>er of mem- bers tiiereon, 4!>r) ; reduction of iiu!ni,'er in pul)lic accounts, Id. ; ('oMMiVTKm— continual. orKanization and |)rocodure tiiere- in. See ittjro, /I . III. Stifct nr Sptcial Commit- tun; In tiio Senate, 4tMi; in tiie Commons, 4!>(J, 4!>7; notice of ap(K)intment necessary, 41)7 ; cer- tain iiowers asked for in motion for, III-; consist of b"» mendHtrs, /'<. ; rule sus|)ende(l in case of in- crease, 4118; named l)y tlie iiouse, //*., 4iMi; memiiers must servo ludess excused, 6(XJ-50L'. IV. f)rij(nil:iilii>n tnid I'rnri- (/«r» . l^uorum,ri()L'-.'>(i4 ; or),'anizod l)y election of cbairman, etc., 503- .')(I8 ; adjourns from place to place, 508 ; cannot sit after proro- gation, Ih. ; divisions (in tiie .Senate). /''•', (i" tlio <'ommon8), /'*. ; slraiiL'ers, .">00; exclusion of memiiers, ."iO!»-.")10; .secret, 510 ; order of reference, 510-512; re- IMirts, 512*/ xei/. ; sub-committees. 51.".; presentation of reports,517; concurrence, 518 ; witnesses, 520 it Kill. ; senators' or members' attendaiici* re(|uested, 521 ; re- fusal of witne^^s to ap|Hiar, 522, 52:i; payment of witnesses, 524, 525; examination under oatb, 525-52! ». \'. ./(lint Citiiimitlii 1 a|tpoiuted, A'lit, 4ti7; on library and printing of parliament, 4'.U, 405; work very advantaireoiisly, 4<10 f)r procedure tberein, see miiirn /!'. Commons, Iiouse of; its constitution, (12, fi;v, representation tberein, ound to take notice of le<.'al dis- abilities of its members, IGlt; jiower of iiouse to order issue of writs. l'^(», isl ; dual representa- tion, K15-170; wbo may sittiiere- in under indei)endence of Parlia- mont Act, 170-lNO; ministers of tbe Crown bave seats, 172, 177, 178; contractors not eligible as members, 17;M77; memljera elected for two constituencies, rSDKX. 905 here- mmit- \ the lO of ; ('Or- lotion nbore, . of in- houae, serve c, r>03- iico to r proro- in tlie iiiions), ision of !t, 510 ; '^Vl; re- mitt*H>8. )rts,r)l7; IH..8. 520 (.m\>ers' M'l ; ro- oiir, ">--. iseH. 5'2l, r oatli, iipointoil, priiitinv! work |4i.(> f>r liljil'd 1 » • C'OMMITTKKH— fon/m"(y/. 183; double returns, 184, 1S5 ; in- troduclinn of members, IStM'.tO; uttoiidanco therein, 11)0, U)l ; jMiwer to oxfiel, li)U-li).S; to siis- i)en(l, llt.S, lit'.»; placea of mcm- iiers, 201 ; fl|)eaker and depnty- s|)eaker, 1'07-'J15; olIict^rN, 'Jl.'»- 'J2.'}; admiHsion oj" stran^rers, •J2:!, 224 ; votes and jonrnals, 22.")-227 ; oflicial roportB. 227, 22S ; library and rpadinj; room, 228-2:i(» ; ap- pointment and fimctionH of com- miHsioners of intt^rnal economy, 2;?0-2:i2; acconnts, 2;'>2 : powers anr) ; extent of pri vile^'es, 235 237 ; iwnver to snmmon and examine witnesses, 250-25:;; rides, orders and nsajres, 25s.i'(jr) ; nse of tlie French lanynajte, '■'(io- 2(iS ; proc<(edin>:s at mcelinjrofa new parliament and election of sfH'aker, 2(iO-2S(>; the mace, its history, 271, 277; speech consi- dered, 272, 27", 2S() ; proceed in^is at a prorojration, 285-2SS ; oU'ect of prorojration on proceedings, 28S; days and hours of meeting', 20! ; adjournments over holidays, Jh. ; louL' adjournments, 2!)2; decease of mcndiers,2!i:'>-294 ; two siitinu'-' in one day, 2Jt5, protract- ed sitlinjrs, //<. ; proceotlin^'s at ti and 7.30 o'clock, L'!"7: adjourn- ment durintr jileasuro, Jt>. ; quo- rum,20S; prayers, 200; order of daily business, 30l-l'.l;'> ; present- ation of petitions, :il4-;'.lS; rules ns to irrejridar |w^titions, :)18-:',21 ; as to petitions i'or pecuniary aid, 321-323; for taxes or duties, :'.2;'.- 325; reflectinii on house or mem- bers, 32{) ; orders and addresses for napers, .".2ti-:>:'>7 ; pai)er3 re- fused, 337-342; |,'intin<,' service, 343-340 ; addre.sses ori;rinatin>r in tho house, l'.51 ; joint, 352-354; of cf)ni:ratulation or condolence, 354-!!.5t); on retirement of jrov- ernor-57 ; presenta- tion, 357-3(i0 ; messatres from his Kxcellency, lUiO-oO:! ; messa^jes to the Senate by clerks, 400 ; con- ference, 403 rl SHI.; interchantro of documents with, other house, 407; relations with Senate as to Com m ittbus— roH t inued. money and tax bills, 408-472 ; (•ertain public bills rejected l)y Senate, 472-471 ; shoulil not a^'ree to " tn(;ks" to bills of supply, 474 ; .select stamlinu' committees. 4!»1 it nil/. ; on |irivate bills, 7:'>l-743 ; connnittee of the wholo. 477-4)10 ; f»n bills, 01('i-(;21 ; can alone ini- tiate money and tax bills, 585. See i-lirk, inirll'iiiniil, priiiligi$ (ind povim of parliitmrtit, fjmiktr. Otufiiliriitinh. See I'drlinmeularii IiiKtiliitiiniH in ('(iiindd, \'I. Coid'erences; mode of re;rulatinjr, I(i3 fl .«"/. Co)i>'irit nf thr Crun)). S<*e Cliiii'Ur AT// on Suppl;/, »i c. 3. Covn'(jwnii; cases of Messrs. An^ilin- .lones, Currier, Workman, MoH'alt, Nnrris, /'-. j Cutdrnurlil lUitliitix. i^eo Election.^. I j Conventions of the constitution, ' distin()-787. I Copyri;,'ht bills; need not orijiinate i in" committee of the whole, 594. ji; ;|| 906 INDEX. Corporiitions, private bills from, mnst be \imier common seal, 704, )/. Corpus <'liri8ti, over, 292. houses adjuurn Counsel; when in attenilanc-o ou parliament, privilejrod, 244 ; meinliers not to uct as Kuch hetoro En^'lish jirivale bills committees, 54"), 701 ; on behaU'of jjcisons at the bar, 24S. 252; in divorce cases, 7(i('>, 7(>7. Counting; the house, no quorum, 2!»9. Coutunie de Paris, in the Ironch- Canadian civil law, ">, i:'.4. i Christie. ^Ir. Sjjeuker; Senate ad- journ and name meiidxMS to at- tend his liineral, 2'.lH; his opin- ions on points of order '.' | Cro^sinj.' the iiou.se, dei)ortment of mend)ers, 405. Crown, the; rei>re.s(Mited by the governor-^;eiioral, ,')1..')2; demise of, 2iS0; summons parliament, 200,270; cau.ses of sinnmons de- clared, 272; proro;j:uc.>s, 2S0; dis- solves, 2S!l ; duration of parlia- ment, no loii^'er dependent on, 200; mossa}.'e from, in ca.se of ar- rest of members, ;i()2; recommen- dation to votes of money, 5.'!0 ; consent to bills all'ectinjiprero;:a- tives or properly, .')40 ; address for a 5j;rant of money, 57 )-r)75. Customs bills, all'ectin;: trade and property ori.Lrinate in comnutle* of the whole, 505. Dai.v, Mr., first d(^puty speaker of ( anadian ( 'oinmonf*, 212, 481 , ». J>aviea, Mr., his remarks on com- missions in elet'tion cases, 101, n. Davitt, Michael, declared incapable of sitting.' in Kurdish Commons, 10.5. Death of members of either house, practice to adjourn t^ily in excep- tional cases, 2O;5-205. Debates; olii(!ial reports of, 227; freedom of sj^euch in parliament, 2150 ; no debate allowed in Senate in j;ivinjt notice of a motion, ;>07 ; but a .senator may make expla- nations, 11). ; latit)ide allowetl in up|ier house in putting tpiestions, ;i.Sl-:]S;!; no debate in Commons on a (piestion, ',tK\ ; motions duly proposed may be debated, :I09 ; l)rec(Mlence in, 400; written 8^)eeche^< not |)ermissible, 407; extracts from papers 40S; no ar- ticles in newspa|)ers, letters or communications, "ommentin^on debates allowable, 408, 400 ; pub- lic d(M!uments,when ipioted,mu8t be laid on table, 409; references, to queen or her representative, 410; relevancy of remarks, 411; irrelevancy not pernntted, 412 ; no limits to lenjith of 8i)eeche8, 418; the cloture not adopted in Canada, Ih. ; debate on motions for adjournment, 413-415 ; limita- tions to remarks on such motions, 415,410; rules limitinjj; sjH^oches on a (piestion in the Senate, 41(1; in the Commons, 417; setondin^? motions, iUiO, 417; reply allowetl to mover of suhsiantive motion, 410 ; member w ho moves amend- ment or adjournment cannot sjKnik a^ain, 418; adjournment of debate to allow a member to continue his sjhhicIi, //».; jier- sonal explanations, 419; limita- tions to the |)rivilene, III., 420; c■allin^; in (piestion a nuunber's words, 421 ; juendur in jKisscs- sioii of floor not to be inti^rrupt- ed, /'». ; except on (piestion of order or privile^re, Il>. ; renuirks on calling' of orders, 422 li fcij. ; ministerial explanations, 424 ; re- ferrin^r to other niembers, 425 ;to tlie other hoii.se, 420; to previotis debates, Ih.; rules for the preser- vation of order, in the Senate, 427 ; unparliamentary remarks never permitted, 428 d .«('/. ; call- iii|.' a mendier to onler, 4;>l, 4152; duty of speaker, //'. ; namini; a member, 4H;> ; words taken down, IXDEX. 901 \\< iiouse, ■).77. Sennta n, ;'>07 ; expla- weit in Bstions, ininons lusduly d, •.509; written le, 407; 1 ; tio ar- aters or ntinnon )',»; pvib- [e(l,tuu8t •foreuces eiitative, rk8, 411 ; cl, 412; lopteil in I motions 5 ; liniita- I motions, sjx^ci'lies nate, 41ti; wHontlinj? [,' allowed , motion, IS aniend- It i-annot luinnient i(>iul)er to //..; iier- b; liuiita- i/.., 4'JO; mi'inV)er's n posses- intornipt- lifstiou of riMuarkrt i"J (I «'(/. ; . ,»•J4;re- J•^rt,4'.^■);to lo previous Vh" preser- |ie Senate, rcniarka .<((./. ; call- •,-li;i,4:V2; jiiaininti ^ lUon down, Debates — con tin ueil. 4:14 ; words may be retracted, 435; duty of house to prevent hostile ujeetinv; on iiccount of words uttered in debate, 4;iS ; withdrawal of member whilst his conduct is debated, 440; refer- ences to jtiil>.'es ancl otluT |H?r- sons, 442 ; new rules of Kn^dish Commons to close ilebato on a (juestion adecpiately discussed, 443. See A pp. L. Debts, du«i to the Crown; petitions conipoundinjr, not received, iiiM ; bills of this character ori^rinate in committee, of the whole, .V.KS. Dotiinf 'if llir Crnnii, See (.7if7)/> c 17, m: S. Denison, Rt. Hon. 1. K., resijrns as s]>eaker of English Commons, 208. I'eputy-jrovernor ; how apixiinted, 52; first appointment < if, 20',i, »* ; his duty at commencement of new parliament, 20!», 271, 274. Deputy-speaker, appointed, 210-212. Dilatory motions; postpone or su persede (piestion for time hein^r, 3!»4 ; their forms— that the house do now adjourn, 3!)"); that the bou.se do now |)roceed to the or- ders of the day, I'.IHI ; that the (|ue8tion be now piit,;'.!).S ; amend- ments to such motions, 400. JHiKilldirtmrc ; of dominion acts by Kujjli.sh jrovernmiuit, 047 <7 .••'('/. ; of pr()vincial act.s by «lominion •roverniiient. See I'liiildiihiitdrii InstitutioUH in (.'(iiiKilii, Vllt. Disobedience to orders of house bread, of privileLre. 243. Dis(iualitication ; of ScMntors, 142 ; of niemlK2. On, 200, 2S0 ; n()t ile- termined bv demise of the Crown, 2S0. Division; putting: tho tjuestion, •I4(); contents and non-contents in the Senate, /'-. ; yeas and nays in tilt" ( ommons, /''. ; Senate rule as to enlerin<;ilivisim- mons rule. //». ; members called j in, -148; taking: a division, //>. ; inconveniences of Canadian sys- tem, -140, It. ; result declared, 4.')0 ; i'hallen;:in>;a vote, ll>. ; members must he in house anaker White's decislun on I the forejioim: point, WiO ; mem- bers must vote in Commons, 4") I ; Senate rule on siilijcct, /'/. ; pairs, ///., and n. ; memiier voting; inad- vertently cannot correct mistake in Commons, 4">2 ; may do so in the Senate by unanimous citnsent, 7/'. ; errors in the minutes eor- recte]iriSihtiitiiiii. See Commons. Dullerin, Lord: !.wvernor->;eneral, 35(i; address on his retirement, I>'. !i^ 908 INDEX. Durliaiii, Lord ; governor-;.'eneral, 24 ; his r(»^>ort on Canada, 25 ; recummenus responsible K<»vern- nient, //'. ; legislativu union, 2(i : establishment uf supreuie ruurt, 1)1, n. Duties; |H)titiona for iin(V)9iti()n of, 32^, :!J4; remittiiiK', 324; billy iniposint^.ori^inate in comniittue, oiKS ; but not when tlioy rt •ici, (>01 ; except in oases .illecling trade, Hi. Eahtbk ^h)Ni)Av, houses ^{enerally adjourn over, 2i>2. Elections; when writs an* return- able, after general elections, lS(i7- 18!»1, (i;?, 2 ; i.ssuo of write, ISO, isl ; in case of resi^rnatiou, death or a<'cept- anee of ollice, i.Sl-ls;^; doid)le returns, \^\^\ a member must elect betwc^en two c(Uislituencies when chosen for both. //'. ; he cannot r»^si'^ql if his seat be con- tested, \M\ election returns nnuMided by order of sin^iker under law, J5>*, /'. Eljiin, Lord; i;ov(U'nor->reneral of ( 'aiiada, :'>1 ; on ditliMential duties, ;17, J*. Enurossmont of aiMre-ses ; in tlie , Commons, 2>s;!; not necessary in flio .Semite, 2715. Enterinjf the House, rules to l)o oihserved bv members, 40r>, 4(M). Escheats, decision of privy couocil resjiecting, 114-18. Estimates for public services ; brought down by message, 543, 544 ; niferred to committee of supply, <)4(1 ; of salarii^s and ex- |«7, 515. 51!>, 520 ( / x,'q. ; in divorce (iases, printed journals in courts, 7<»(), "()!•, Ex)>. Kxpulsion of members; an extreme exercise of |)ower, I'.K'.; instances in iMiglish parli.iment, VM, Ut5 ; in ("auadian legislatures, li>5,r.t7, .S!»5; Canadian Commons, 1!>(»; j)roceedin:;s before resorting to, 1!>S; such a power necessary to conservation ol dignity and use- fulness of every legislative body, 24!l. Kxpunging; of motions from jour- nals, 225; of protests of semilors, 4.5 h Kxtrai'ts from papers and books, reading of, 4()S. K.\( lOHiKs, hills concerning, need not origiuiite in comudttee of the whole. 5!»5. lull nil Union of tin- Prorivcyf. See I'(irliii)niiitiirii fiiKfitulions in Cunniiii, 17. /'('.« for prinili: hilh, XX,, yi'c- 7. See Chapki' Female sullrage at munii ipal elections, 14!», n. First reading of jiublic bills, 5(t0; of rasolutions from comudttee of the whole, 4.S8 ; from committees of supply and ways and means,f.5., sec. r>, Frooddui of yiioech ; one of the un- do\ibtod priviloL'es of parliamen- tary asstMnblic8,2HU : |)nblicatioiis of pnrlianioiitary pajHTs, protect- ed liy statute, 2:!."); how far it extends to publication of dol)atc.';. 23S), n. French lan<,'ua<_'e in parliament ; it.s U.SO re.strictiMl in the loj-'islature of , Canada by I'niou ai't, :{7, 2()(>; re|)eal of clause in that act "Is, 2t)(! ; now nsed in records.dt'bavs and journals of both hous'^s of dominion iiarliament, 2ti(), 2(J7 ; in (Quebec, Manitoba, and N. W. T., 2(;7, 2(i.S. Funerals; Senate re|)reKentod at (death of an old spcaUer), 2i>n ; houses attend in ca.se of death of prominent ptns, 2!tl; of Sir (ieor^re K. ("artier, 212, n. ; of Sir .lohn .Macdonald, 2!»4. GonrnorGtUiTitl. See I'arliamen- tiiry InMiditionK in I'unailn, sec Vl'l. Ciowan Senator; amends divorce rules in Senate, 7'^') ; his opinions in divorce cases, 754. Grunts of puhlic money. See Sitp}ili/, Great Seal ; (.'ovornor-gencral, A\y- pointed imder, M ; s])eaker of Senatts 2(12 ; clerk, 204 ; <:entie- men usher, 20(), v. ; clt^rk of Com- mons, 21.'); .serjeant-at-arms, 222. (iienville Act, respecting commit- tees in elei'ti4, II.M.irAx, capital of Nova Scotia, 71, V. Ilan-ard ; record of oiUcial reports ftf debates, of the Conunons, 227; of the Senate, fli Harbours fif Canada, decisions of supreme court in relation thereto, GSO, S0.3. Hodge r. the (^ueen.juilicial decision tiiereon, 10S-ll;{. Holton.Mr. Luther, house adjourns on his death, 204. Holman r. (ireen, deci.sion of supreme court of Canada, 802. G.vu.Kitiiis ; admission to (in the Senate), 224, 225 ; in the Com- mons, III.) cleared in certain I lome of Commons. Svo Commohs ; cases, 225. l'nrU, not eli'_'il.>lo to parliiiment, is.'). Insolvency, decision of privy council in relation theieto. li'tl. Instructions t<> committees nf the whole House. See Chajili r XV 1 1 1., OH I'uhliv HUh, s,c. S. Inslruction.s, Uoval, with respect to bills, (>4>S it.oKj. insurance; dccisinu- el' courts on '(uestioii.s of jurisilictiou. '.•.")••.)!•; private Ic'islation on subject, 669 d s,S; in private bills, 4.") 7, ■l')>'. Jnteniiil Ero)n>mij, Couuii\sni'»milti'(!>. Journals; of the Senate, 207; pro- ceedings of committee of the wlioie lioiiso, entered in the Senate, but not in tli i Commons, 4.S4, 485 ; entries oxpunjiod, 225 ; proceedings in con dttee in cases of 8ui)ply, and of money or tax resolutions, ahvavs entered, 484. .ludiciary ; estal)lishnitMit of su- preme court of Canada, 91; its appellate jurisdiction, //<.; de- cisions on (piestions of lej^islative jurisdiction, 93-121; Cimtro- verted Elections Act of 1874, !•.'); insurance, 95; Ontario hicensin;; Act, iol ; l-'isherios Act of ISdS, 102; ''anada Tem- j)erance Act, 104 ; opinion on the constitutioiuility of the Dominion Liijuor License Act of lS,s;j, 11;',; on the Manitoba railway cros- sings case, N"), X. ; escheats, 110; Indian titles, US; ruUi laid down for construction of 15. N. A. Act, 125; value of a supreme court under a federal .•system, 1;5I5, >i. ; private bills referred to that court l)y Senate. ()S4-(iS(; ; inde- jHMideiice of the jiidi 'iary. 1155; salaries [xM'manently cbar^red ..n civil list, III.; bolil ollices durinsj; jrood l)eliaviour, fl>.', oidy remov- ed on adll^e^s of twohouses, /'/.; county court iud.r(*s renioxed for sullicient I'ause by •;()vernor-;.4('n- eral, lh.,>i.-, delicate functions of Commons in imp 'aching a judjje for mis(N)niluct, l.'Ki; proc'dun* ill the bouse in cast^ of serious charu'es a).'aiiist ajiid;.'e, i;50, 1:57; speaker of tbii Commons inter- feres to prevent iiiipropur refer- ences to jiid>;es and courts, 442. .Furors, moMibers need not serve as, 2:58. IvwKWATiN, Mstrict of, 7S. Ivonny, Sir K I ward, vacates his seat in Senate. 14 J. Kent Election ca.so, referrei:x. Oil )7 ; pro- of the in the mmons, od, -225; ttoe m loney or entered, , of su- , 01 ; its Jh.: de- ^•lislative Contro- of 1H74, Ontario Vislierioa u>la 'Vim- ion on the l)on>inion iss:;, IK'.; iway CT08- iiiats, iKi; . hiid down N. A. Act, enm court in, I'.'.'.J, ". ; ,1 to tliat .(ISil ; indo- •iary. 1 •-'•!' •• i'liar^;(!d ..n ices din-in-; >nly rcniov- inllSCH, /''•". iMunved tor vfrnur-:4cn- nnclions of u>- a judaic I; jn-oculuro ' (if si^rions H>, WW, \'''>~; linns inter- |roi>nr refei- .luts, 44-J. it serve as, |vS. ,-a<'Ates his Ire for red to lileRes antl of warrant Lv hoiise or Kirkpatriflw, Mr. S|Huiker, his do- oisiohs on points of order, :>'_'l, v. ; •Ml, n. ; :?7it, »(. ; •».■);">, v. ; (>•_"_', »« ; C34, ?i. ,• 64'), II. Lailammh, Mr., introduces hill I ro8iH>ctin)i i!i«iej»endence of par- I liamcnt, 175. \ Lafontaine, Attorney-! ienerai. op. ' posed to Union act of 184ti, 3!t, /(.; i introiluces act for indeiKMulenco j of parliament, 171. • Landers ». Woodwortli, priviiefies ' of provincial le^'i>latureH con- sidered therein i)V .supreme court, L'.5:}-2:.r). l-aiisdo\vne, Manniesfiof, irovi'rnor- Heneral of Canada, addr(\88 to Idm on hia retirement, 'Vu. l-aw Clt'rk ; apiM)inted in each liouse, "Jli); mast(M- in chancery in Senate, lil)4, u. Law, of the ("(institution, distin- j^uishcd from thi>coii\('iitionsaud undcrstaiidinirs of the* constitu- tion, 7i-"), 7S."i. lieiiislativc Council ; of ( anada, 11 ; lIpiHM- Canada, lt>; Lower Can- aila, /''. ; l'rovin<'o of ( anaila (after iS4(»), 'JS; (^luihcc (since IS()7), <>!•; Nova Scotia. 7'-' ; New Brunswick, 7:'> , I'liiico Edward Isluu'i, 74 ; aholisiit'd in Ontario, ()8 ; in Manitoha, 7") ; in Ih'itish Colnmhia, 7() ; its relations with the old a.H.scml)lies, 21 ; proceed- iii'js ill, respi'ctinji matters of ex- |)enditure and taxation, /'-. LKjixldtii' I'oiiirs, (liftvilivlidti o(. See Htd/itiT /., »ir. 1'-. Tietellier do St. .lust, dismissed from lieutenant-governorship of t^uehec, 06. J*. r.etter.s-ralent I'.ills, rules respect ing, 723. Lihels iii)f)n the house or its mcm- hers ; jiunished as iireach of privilege, 240. Lihrary of i'arliamont ; its direc- tion and control, L'28 ; joint com- mittee to make ro;;ulalion8, Hi,, V.yj, 4114 ; odicers, chirks, and .servants, 'Ji'K, 'J2i»; rnle.s for loan of hooks, 11).; for admission of |H»rsons, //(. ; recominemls assist- ance to Works on con.stitntional and parliamentary practice, 2:iO. License Acts resi)ectinn sale of intoxicatiuf: lii|Uors; decisions of supreme court respecting; an Ontario Act, Kll ; Dominion Act for issue of licenses, 107; Liipior License Act of Ontario, lOS ,7 s.v/. Lieutenant-fTovernor ; before union of 1840 in Canada, 1!). -JO ; of each province since confederation, (i(>; dismissal hy;.'overnor-gen(>ral,/''.; a-somMes, proro;:ues and di.s- fiolvcs a.s.seMdilies, 07 ; advise.il hy a co.'.ncil, (1(1, (17; assents to re.serves, or vetoes hills, (m7-0()1. See I'liriiKiihtiturij liistitittiovs in ('(lIKHln, VIII. Loral llilh. See I'rirat. lillls. , [.ucil Iti/ii-l'iliitr. See I'lirli'imniiarn Iii.^tiluti'iiii ill < niiail'i, VIU. I Locus standi of petitioners in cases I "(' private hills, 1\\'\. \ Lnine, Mar(|tu'.(l, I!")7 ; his reply, //'. ; of coujrratulaticn on tiie es<'api< of liim.«elt' and the I'lincess Louise from serious dan<.'er, .'!")•>; his commission, App. V. Macuonami, Sii: .Ioun ; in charjjeof cler^'y reserves hill, 154, /'.; meni- her of (^m'hec conference, 43, ji. ; presents confederation resolu- tions in lejiislative assenihly, 44,/!.; his opinions on constitu- tional and parliamentary (jues- tions, U{), n,, O;!, n., 88, »., 8U, n., (iri8, ;i., 073, 080, h., 0S3 ; Intro- dtices bill reelecting trial of con- ! ( 912 L\Di:x. Macdoxai.i), Sir John- oudnveil. I McGreevy, T,—covllnuaK troverted oleclioiis, l")t) ; the francliiso act, IW, »/. ; respecting; internal economy of I'oinnions, ■_'3(»; moves address res|>ectinjj I«ibli(! ftinoral to Sir (ieor;;e ( 'artier, r)74 ; interred at the public expense, 2i>4, oTo. Mace; nsed in the Senate, 271 ; in tlie ComuKins, 277 ; carricil by the Serjeant at-arms l)efore the speaker on certain occasions, 1.'77, II.; laid on the table after speaker's election, '_'77 ; remains on tbe table whilst house is sittinj.', ///. ; under table whilst there is a committee, Hi., n. ; ac- (uimpanii'S speaker on state occasions, l'12; history of present mace, 277, ?(. Macjiherson, Mr. Speaker; ap- pointed, 202, v.; held o. 'it in cabinet, •'")7. ». ; takes part in debate, 2(';!; bis opinions \>n jutints of pi(iOcdure, o^i>, ii. ; <)27, Mackenzie, W. Lyon ; expelled from assendily of Upper Canatla, I'.'ii. Muiiitohii, provincial constitution of, 74, ~'^, See l'itrli, 2U4. McOreevy, T., a member: refuses to give certain evidence before a select committee, ordered into I ciistwly, 522, n. ; resij^ns while \ seat contested, but re.'^ignation not allowed, ex lulled the houije, 895. MtitiiK/ of I'arllununl. See Chap' I hr VI. Mkmiieus oKTiiECoMAroNs; mimber, 145; insane iH'.rsons not (Oijiible as, 1S5; their election, 14(i-147; the dominion franchise, 14.H-151 ; their elections controverted, 154- , I(i5 ; cannot sit in provincial le^'islatures, U)5.1(lfi; vacato.seats by accejjtance of odico of prolit, 171 tt SKj. ; caimot hold contracts, 173 (t. '3-2;*.7 ; mr- sonal priv ilexes, 2;i7-2:>9 ; freedom of sjieecb, 2:)9 ; libellous reflec- tions oil, 240, 241 ; assaultiufj, threatenit)).', or cballenj;in>.', 242 ; l)rivileL'eil persons not members, 244; susiKMision and expulsion of, 240 ; .sworn utcoinmenceinent of parliament, 27;>, 274; proceed lo Senate at oiKMiinj?, 274; at prorojj:ation,28() ; reports of judges relative to elections laid before liouse. 280; decease, 2!t:5, 294; nui)d)er necessary for (|Uorum, 298; present petitions, ol5 ; may notdi.scUHs their contents, 310; move re(!eption of opposed peti- tions, .".17; mend>er may not present a petition sipned by him- self, /'.. ; cannot reatl it at length, 325; may refuse to present it wlien it retiects on house, 32G ; procedure in moving for orders and adil resses, 329 et arq, ; may iNDi:x. 913 vhilo iition 9 use, Chap- MbMBEBS pK THB COMMONfl- •con- miter, li^rible ti-147; S.151 ; (I, ir>4- o seats profit, itTiU'tS, si -IK',; is (!on- I'or two leoilnre lelurii," S()-190 ; ity, W\- iialilU'ii- ,i()n.r.lS. V theiu inittec'S, [, house, ■v nioiu- powers, ;7; \^r- friieooiu retlec- ,,ivuUin>X, hoiubers, xpulsiou ucemcnt prooeoil 'j74 ; at lofjuil^es (I before (inornni, lo; may ;its. '.UG; soil peti- Inay not [l by bim- at lentJtli, Vresent it iBe, 3'JG ; [or orders „.f/. ; may be refused papers niivler certain (!lr(^unistanc'eK, 151)7-341 ; move for printing of docnments, .'547-;54!> ; stand uncovered on readiiin of niessaiie from pivornor-jxeneral, 4()H ; propose motions, 'M\(\ ; pre- cedence on risinji to speak, 40(i. 4()7 ; may not read writtcMi speeclics. 407 ; nor papers or let- ters rellectinjr on house, 40S, 4ii\>; may not refer disresiwct ful- ly toiler .Majesty or the !,'overnor- treneral, 410, 411 ; should couline them-elvcs to i|ue.<-tions iiiulcr consideration, 41 1- 11;'. ; not limit- ed to time ill speakiii;.', 4i;5; may not discuss certain subjt^ct.s on moviiijr tli(^ adjournment of the house (ir debate, 4iri, 41(;; may not speak twice excejit iiiexpln- nation,or(in;isuhstantiv(* unit ion, or on proposal of new i|uestinns by otiiiT members, 41(1; may make personal exjilanations. 41!(; cannot call in <|Uestioii a mem- ber's Words, 4l.'l ; imr interrupt others ex(('pt loonier, //>. ; may make remarks by indul<_'(Mice of the house on calliu>,' of orders, 4'J2 it Hill. ; must not use unpar- liameiilary lau^rnapv 4'J7 itscq.; namt"! for breach of parliauuMi- tary decorum, i:!H, 4;!4 ; words taken down, 4;54-4S7; miabe- haviuur in comniitteeaor lobbies, 437; should retract unparliameu- tary laujruanc^, 4;'ii> ; may be ^)Uni8ht^d for contempt or oi)- struction of public business, /'). ; withdraw when tiieir conduct is under consideration, 440; should refer cautiously to jud^tes and courts, 442; susjiended under new Knjilisli orders, 444 ; how they vote, 440 rt m/. ; havinjr a direct pecuniary interest in a (|ue8tion, may not vote thereon, 455-459; must sit on select com- mittees unless excused, 500 et seq. Memorials; not considered poll, tiuns in certain cases, 318 and n. 58 Mfrcer cHchmtH ram: See Kfchrata. Messa^res, from the jrovernor-pen- eral or dejmty-novernor at open- ing of parliament. L'74, L7.S. 3()0 ; at close, L'SO; durins,' session to assent to bills, (i4(>; written or verbal, with respect to public inatt«jrs.:!(;o-;!(l'_';modcofan8wer- \\\\i, ;!()•_',;'*>■>; !-'ov((rnor-tienerar8 niessai.'e interrupts all proceed- iiij.'s, 410; clerks may U\ hearers of, from one house to the otlier, 400; reiiuiriii'.' attendance of members or otlicers of either bouse as w itnesses, 401, 401i. Messen<:ers of Commons; take oath of alle;_dance, "Jl",'; how removed, '-1\ ; under the serieant-al-arms. •I'lW. Military councils, established in Canada, <>. Miller, Senator, his opinions on points of order, llSi', v. ; 410, ». ; 500, V. ; ")L>L*, ». ; 701, )(. Ministerial explanations, 424, Mt.'S ( t Si ij. ^linisters; members of the privy council, 50, 701 ; vacate seats in Commons on acce|it:tnc(\of odice, but may be re-elected, 172, 177, 17.S, M1,H12. MivukK of Endtvcc. See H'i/hcsjci. Minutes of proceedinjrs, in the Senate, 207. Mitchell, .lolin, exj)ellod from Kn^lish Conn luiis, 195. Model Bill, for the incorporation of railway companies, 72li, 724. Seo A pp. K. jMonck, Lord, first jiovernor-gen- eral of the dominion of Canada, 45, )). Money Bills ; reconnnended by the Crown, and founded on resolu- tions in committee of the whole, 585,596; not to be amended by tlie u})|)er house, 571, 580. See 914 INDEX. r, •• Motions ; notice of, required in the Senate, :i6() ; pro<-ee(iing8 in that house on itivint; notice, lb. ; can* not be repeated, once answered, 36(i, 3U7; explanatory remarks allowable on (living; notice, :5()7, 1568 : rules re- lative to motions, must be in writing or print, 3G!< ; bow pro- posed, lb.; \)Toreen\tnga in case of irrefiuliirities, fb.; bow with- drawn, MTO ; coniplicatiMl i|nc^s- tions, bow divideii, '171 ; must l)e in accordance with notice, lb, ; potice of resdlutioiiH in comniit- teo of tlio wliolo luiccssary, ;J7'-' ; mendieis Hbould pru|H)Me tliuir own uiiiti()ii^<, lb. ; cannot be witbdriiwn in ubsonco of nuinibcf who propostul, !i7.'!; icliitive to busiuons, iiiiidt! wilbout notice by general iissotit, Il7!t; nuopposetl, !l74,37r); of privilege, 'Mti; tlieir character, :'>7ri-1177; priMwlence given to llioni, ;{77-:!7!); of want of contidciice, iidt pilvil('t,'C(l, !)7!l- 38 1 ; (|iu>Hti()nH put by nienilusrs, exceplinus to troucrul rule re- siHJctiug motions, 381-385; In amendment, 385-38il, previous question. ;>l)s ; uniciulnient to aniondmont allowanle, 380; to add words, ;i!ll ; only two amendments proposed nl suiliii tinui to a question, lb.; onlei oi ainemhnents, 3ti2 ; amendments must be relevaiit to motioil, 3t)L'-3St4 ; dilatory motiouH, 31l|i of udjournmont, lb.- for readiim orders of the day, 3i)t); auienil- monts to previous question or to motion for proceedinn' to orders of the day, 4(H» ; renewal of a (juestion in the same session, 400, 403; orders discbar^red and motions rescinded, 401 ; means of revoking? a negative \ole, 4il'j ) motion once ne^'alived cannot be renewed as an al/iupiliiiei)l, Ih. ; n al/iup Ann. Jl. fornis f>f, see Apj Munidpal>ystem,it8eBtabllN|MHD)lf and value. 32, 3;*. Murray, < General, second governor- {^tieral of Canada, 7, n. NAMiN(i a member, for breach of parliamentary decorum, by Mr. Speaker, 433, 434. New Brunswick, its provincial constitution, 72, 73. See I'arliu' mntlurif InrtitutiuiiH In Canada, 17, VII. New Brunswick s(;hool controversy !K), //. ;3r)l. New8i)apcrs: kept in reading rooms of both bouses, 230; attacks in, on nintnbers, 24!); imK-eedings in sucb cnses, ///,377; {jrodiicod by members, 24)1; rea, 377; extracts from, in debate. Newfoundland : refuses to enter colifederHfion 4i' ; representa- tion in Seiiille in ease or its ad- mission, / li'. See II, N. A. Act, Kir. H7,iiddi by i(fn/'l/irriution of 1763, 8: under tiiiobec ^ct, II ; taken 1(1' fliH gover>l(l^«o/le^a'l, hi ; by lliuildlulld |l((VttM|j/rH, 6(1 ; by pri- vy-councillors, Hill; by (uoin- libiM (Ml llio Henftte), 140; (in INDEX. 915 reach of by Mr. rovincial e I'arlia- Canada, ntroversy [\i\)i rooms ittackH in, ■eedinjrain ■odncocl by b tbe table, ■tint.', '-'49, in uobate, enter senta- its ad- A. Act, H iiork. i to rnnrcH e hi il )|« torrito- /)( fjamda, I a coiistitu- ito. i)l'rii)e<:ial •,',('.() ; also j(iS- iiioli'illH ictiu^n^witli, a of pnliln e ri88 ; >>»t ' 'K'U • luuons, •>»"., lions of privi- onlov paper, M-tintJ notifti (111.710. Hee iiBsiMubly ii^i lition of ntV.',, let. II; taken Leral, f)l ; !•>' Ib, ho ; by pri- . i)y ineni- L), 140; 0" Oath— con^inwd. the Commons), 274; by clerk and otlicers, 22*2 ; oath or atliriiiation in lieu of oath, administered to AvitnesHes, at the bar of the ISenate, ll>. ; or by chairman or members of select committees of either house, 528 ; by private bill committees, 527; in case of divorce bills, 7(itJ, 707. See Pri- mte Hills. Obstruction to imbli(; business, rules of the En(;li8h house re- specting. See A pp. L. O'l)onovan, Uossa, ex|)olle(l, 1!I4. O'Karroll, .lolm, oxi)elled I mm lejiislativo a8senil)lv of Caiuula, 19G. Oliii'ora of Iho (wo houses; privi- leged, 2Ii4, V. ; inessagos for tiieir iittendani'o us witno-'Scs in \\w otiior house, 4U2; jK^titions for their attendance with document^, in courts of h;\v, Ih.; not to act us |)arliatnentu.'y a!j;ents. See Clerk, Clerk- Am.«t(i)il, hiir Clerk, Serjeuin'tit-A rm», etc. Oilices under the Crown; holding of, a diH(Hudification for tlio honso of Commons, 172 it "C'/. ; acceptance of, vacates seat, 172 ; nioiubors holding certain oilices in the nunistrv may be re-elect- ed, 178, 811. 0{Ucial /i)/)orls of Ikbakii. See Hanmtrd. O'Loghlen, Sir Brien, his seat in English Commons declare«l va- cant, 179, )i. Ontario Tiiquor License Act ; 108. C/utario, provincial (constitution of, HH. See I'arliamiutani Institutionit in Canada, Vlf, VIl'l. (irder8-in-( ouncil ; their authority and meaning, 808-kiO; liow laid on the table of the houses, 332. Ordern of the day ; rules arranging business, in the Senate, 301 ; in the Commons, 302; calling of ((Uestions and orders, 303; ar- rangement of bills, etc., in ('om- mons, 304, 30? ; prece0S, »/. ; of re- portinir from coinmittoes of the whole, 487, /(. ; iiis hand book, 504, )(. Papineau, Mr. Si>eaker; his resigna- tion, L'OO, )(. ; governor-gene "al refuses to approvo of his apjwint- inent, 278. 270, ;?. Parliament; constitution of Parlia- ment of ( 'anada, consisting of the Queen, Senate and House of Commons, .'V.I /( .v(/. ,• duration of each (since 18(i7), 03-05; its legis- lative iKtwers, S!l; nuniber of members in the two houses, 139, 145 ; parliamentary franchise, 148; tlnal representation, 165, ItiO; indejiendenceof, 170 elgeq. ; powers of expulsion and suspen- sion, 193-199; privileges and 916 INDEX. rarliamitnt — routintud. jKuvorH, L'UIi (1 Kfij. ; nio(l(< of siim- inoiiiii^, 'Jdii ; flection dl'sjieHki^r, 'J7:{ tt w/. ; |)roromition,2h(», -^7 ; adjoiirmiieiit, I'HT; t^ileftor proro- V'liiiij:, -'HS ; (liBHcliilion, '_'M>; not • Iptt'Miiiiieil by . l^ee aim' llntifh Aorlh Aimrint Aif, Ildvui of ('i)iinn(iiin, Ml mill r>', I'li- riUyiit (iiiU J'omri' of i'drlimiiDil, PAItllAMKNI AI!Y INHTITI TION.- ( 'an A DA — COIltltlVlli. IN J'arlidmtiitiirii Affivls. Jiilts, s.c. ]'. Sec I'riivlf Taiimami'.ntauy lN.(», a, 0; treaty of I'ari.s, Ih. ; military j;ov((rnnient for tliree yearH, il; proclamation of 17; of lei:i«lalure of l^iwer CaiiadH at (^ueoec, 17lli l>erciu- ber. 17!»L', l!l; of le|.'iMlalme 'if rpiKT Canada at Newark, ITfh tSeplendier. 17!tL', Hi. ; a new eon- Stitiitional sy-teiii inleiideii as a transcript ot Ihilisii coiistiliitiou, 'Jii; dcHcriptioM of etTemonial at tirsl o|ienim; of leu'islatuie in I'jilK'r Canada, ///. ?<.,• political dif- licultics, '_'(», 'Jl ; dispute between executive and ii.-send)lies with res|)ect to contml of HUpplie> and civil list, ///. ; l'rei|nent di.ssolu- tii>ii of (iuebee levrLslaluic, "Jl ; political state of pinvinceH ;eneral, //'. ; outline of new coii- stitution, L'7--!'; assemlilin;.' of lirst legislature, 'J7, u. ; commen- cement of new era, '-".• ; responsi- ble government, liil li'J ; arrival of Lord Ll^'in, 31; importance of lej:\slation from 1H1-Is(i7, ;!2-3tt ; municipal system, 32; settlement of clergy reserves, 33 ; abolition of seiuiniorial tenure, 34 ; civil service, 34-3(]; complete control over civil list, and privincial re- venues, Mi; freedom of trade, 37 ; rej>eal of navi^ration laws. //'. ; U8») of Krencb lanjiuajre, 37, 38 ; elective lenialativo council, 38. VI. Fcdtral I'vion of the PrO' Wncc/i.- "Political diflicnlties, 39- 42 ; representation by jxipula- tion, 39-40 ; double tnajority theory, 40, 41 ; political deadlock, 41, 42; understanding l)etween political leaders, 42; federal L\1)K\. 917 IN >ns in letoin- nro of t, ITth •w con- i\ i\H a iliitinu, iiiial lit Lni»« in I's with \'n>> iind illsschi- lu.'. -'I; of 1^37, (• cnnHti- (,r«l I'vir- rill »'!"' ; Ins fla- cal f (•(iiiiint^n- I'cspoiihi- arrival of |)itiinco of «ii7,;'.2-:«»; ioltlenient abolilion •M \ civil [(> control iiu'ial re- traile,;^" ; ii\v8. /''• ; to, 'AT, '^^ 'r ,cil, -.i^. \f the Pro- liltieB, '•'')- jiopula- majority 1 deadlock, between federal PaUI.IAMMNTARY iNHTirL'TIONK IS | PaIU I VMHNTAIIV I NXTI I I'llONH IS ('\VAi')A — fDiitinH'il. ' i'\s.KU\—(i>n(inn''. ; acipiisition <>r tiu^ Norlliwest, 4(1, 47, IS; innnrror- tion in Uud Rivt^r 47 ; eslabiisli- uieiit of I'roviniH of Manitoh.i, 47; nii't^tiiiL' of lirst li'_'islaturo, fli. : n^pnvsMitatives tal, ')(>. \'II. Cotintilltlinn i>l' (In- (JiUirnl f/iir rmninl iiti'l ji '•li'iiiii'iil : Widn oxlt*nl of doinuiion, lO; oximjii- tivo ifovornnieni, 51 ; nlVwe of ;:ovi'rn;{ ; appnint- nuMit, i>i di'pntviiovnrnor. •")■_'; of adiiiinislratiT, in his al>s^>n^'t^, '>;'•; may b^* r»^m ivi'd al any timi',r):i, n. ; his salary, li'); advisi-d by a privy council, ."v1-."m, 7'.tO ; its ap- pointment and fiinctions,r)t;;form- atioiiof lirst ministry of Ihc dom- inion, //'. ; functions of ministt^rs, /'/. ; orLranizatioii of pnblii" de- partments, ."i(;-.V,i; constitution of parliament, ail; iiovernor-uuneral o|H'ns ami proroiruos pirliumtMit, Ih. ; assents to or reservtw hills, Ih.; dissolves parliament, (i(); uHMKM'al features of the Senate or upper house, til, ^'>'l ; of tlio house of ( 'omnions, fCJ, (ili ; duration of parliament, (ill-ti.'); control over revenues and ilulies, ^'■>'^ ; charj;es on consolidated fund, /'•. VIII. CoiiKtitution of til' pro- lincinl iii>ririiiniiit!> : ('ontrol of U'oneral iroveinment over pro- vinces, t)') ; liiMiienant-uovornor app»int(^d and removeil l)y ^rov- ernor-k'eiieral in cmncil.fKi; his •'liities an I reS|M)nsiltilititvs, /'/. ; aided liy an executive council, <•'>, ti7; represents the (pieen in the performance of certain exe- cuiivo acts (»7; constitution of local legislature of Ontario, (IS; of t^uehec, 'iS-ru ; of Nova Si-o- tia. 70-7-'; of New llrunswick, 7:?, 7;>; of I'rince Klward Island, 7:1, 74; of Maidtoha, 74, 7'> ; of Hri- tish ('oliiml)ia. 7."), 7'1 ; u'overn- ment of the North-Went Terri- tory, 7(i. 77; creation of jirovi- sional district of Keewatin, 7H ; imperuil le',{islation to nuuove doiihts as to power of ('analian parliament to le_'islate with re- spei't to new provinces in tlie ter- ritories, etc., 7S-SI) ; loc.il le.;isla- tiires may amend locil constitu- tions, except as regards ollice of lieutenant irovernor, SO; disal- lowance of provincial acts, M, sj; disallowance of streams a't of Ontario legislature, .Si.'-S4 ; of acts of Manitoba le^risl.ilnre iiicorpor- atiiiu' Winnipeg Sontli Ivislern liailwav ("ompany, eti'., si, ,v.") ; o 'uion of su|iiem(< court of Can- ada on Manitoha railway cross- in,:s ca-e. So, n.; powers and re- spdusiliilities of ilominioii gov- ernment in this respect. oi7 IX. ItinlriliittiiDi (if luiixhitin' }tnwir»; object of the framers if the consliiution. ss, S!» ; p „ers of the i.'eneral jjovermnenl, SI); of tlie provincial 'governments, /'(. ; exclusive powers of lejjisla- tures respectin^i education, !)lt ; concurnMit powers of p.rliatnent and ley:islatures on immiijralion and a>rriculture, Ih. ; dillicultios as to jurisdiction, ill ; d,M'isions of supreme I'ourt of (Canada and privy (Muncilof Knulandomi'tt*"" tions of jurisdiction; tfJ-124; dominion controveited elections act,!io(>.'» ; insurance, !l.j-i»S; acts IMAGE EVALUATION TEST TARGET (MT-3) f/ 2. ; motion for reading orders of the day equivalent to previous question, lb. ; moved on stages of bills, lb. Prince Edward Island ; provincial constitution, 73, 74. See Parlia- mentaru Institutions in Canada, VIII ' Printing; of papers and returns, 348; rules of the Senate with rsspect thereto, Ih. ; of tlie Com- mons, 348; joint committee on printing, its appointment, 344, 492, 493; origin, 344; its func- tions, 346; distribution office, ;'>47 ; motions for printing papers, 348; accounts of, audited and laid before the houses, 381 ; queen's printer, 345 ; establish- ment of a government printing office, lb. ; Canada Gazette, lb. Prjvaie Bills : I. In general: Importance of, 663 ; number passed since 1867 in Canada, 663, 664 ; definition,fi64 ; questions of jurisdiction, 665 ; railway bills, 666, 667 ; boards of trade, 669 ; insurance, 669, et sea. ; electric light companies, 671 ; for works for the general advantage of Canada, etc., 672 ; refused be- cause they affect provincial rights, 673, 674 ; wide range of dominion legislation, 677, 678 ; foreign corporations seeking powers from dominion, 679; works on navigable rivers, 680; with respect to cojjipanies incorpor- ated by provincial acts, 681-683 ; supreme court reports on private bills, 684; questions of jurisdic- tion referred to Senate commit- tees, 684-686; classification of, 686; incorporation of ecclesias- tical bodies, 687 ; bills from municipal bodies considered private, lb. ; bills from cities treating of public policy, public bills, 688; hybrids, 690: public acts amended by, 693 ; bills com- menced as private cannot be proceeded with as public, lb. ; affecting the public revenue,694; general public acts afliecting cor- porate bodies, 695 ; joint stock companies act, lb. ; banking, insurance, telegraphs, etc, 696; all acts deemed public unless otherwise declared, 697 ; English 920 INDEX. !l PfiiVATE 'Bihhs— continued . compared with Canadian pro- cedure, 698-700 ; promotion of, ministers should not initiate, 701 ; parliamentary agents, 702 ; private bill days in Commons, 703 ; fees and charges. 728-731 ; passed througli all stages at one sitting in cases of urL:encv, 749, 778. 11. Petitions : Rules relative to, 704; presented within ten days after commencement of session, 70") ; extension of time, lb., 70G ; report of standing orders com- mittee, extending time concurred in, lb, ; proceedings in case of no extension, 707 ; referred to standing orders committees, lb. ; petitions against or in favour of, bills, referred, 708 ; n'^t based on petitions (in the Senate), 773- 776 ; in the Commons), 776. TIT. Cumrnittee on Stuudimj Orders: Appointed, 708; its Uuties, ///. ; iiiles respecting notices for, 709,710; informalities in notices, 711 ; notice dispensed with, 711-715, 716-718; principles M'hicli guide committee with respect to notice, 718, 719 ; com- mittee's report generally accepted by house, Jb. ; (;ases of report being overruled, 719; house alone can suspend rules, on com- mittee's rocomniendatiou, 720; case of committee's power to repoit lapsing, 721. IV. FirKtand Second Iieudin<)K : Bill introduced after favourable report on petition, 721 ; rule 51 respecting notice suspended, 722 ; rates, tolls, fees or fines filled up by committee on bill, 723; letters patent or agreement attached to certain bills, lb. ; model bill for the incorporation of rai 1 way com- panies, 723, 724; second reading, 725 ; rarely opposed in house, //>. ; obj'ictions generally made in select committee, lb.; principles M'hich guide house on second reading, 7.?'J ; referred to certain select standing committees, /6. ; Private Bihis— continued. register kept of all bills, 727; order of reference dis^charged, lb,, 728; fees and cnarges payable after second reading, lb., 729, 730. V. Committees: Lists hung up in houses, 731, 732 ; no bill con- sidered until after due notice thereof. lb. ; rule sometimes sus- pended, Jb. ; power to examine witnesses under oath, 732 ; ques- tions decided by majority of voices, including chairman who has a casting xoUi, lb. ; petitions for and against a bill referred, 733, 734 ; rules respecting persons affected by proposed legislation, lb. ; proceedings, 733-736 ; amend- ments, 736; signed by chairman, lb-; preamble not proven, 737, 738 ; every bill must be reported, 738 ; attention of houses directed to special provisions, 739 ; amend- j ments infringing standing orders, I 739-742; private bills for acts of I incorporation to incorporate by ; reference clauses of general acts, 743; report, 743-745 ; no quorum, ' 744; ordered to meet and pro- ; ceed with bill, Jb.; time for re- ceiving reporis extended, 745 ; no reference to committee of whole in the Senate, 745 ; reference to such committee in the Commons, 746; no important amendment made at this stage ej. ; petitions ill referred, tintr persons legislation, ■3t> ; amend- y chairman, ;)roven, 737, be reported, ises directed 731) ; amend- iding orders, 8 for acts of corporate by iieneral acta, no quorum, et and pro- ime fi)r re- idod,745; no ',e of whole reference to le Commons, amendment except after bills refer- committees uendments, l)v tlie Sen- No amend- except after ;ommittee of be amended ite, //;• ; con- en in certain Ib.\ title marriage jurisdiction 5(i ; notice of ice of notice, md fees, 759 ; PaiVATB Bills — conlinw.d. presentation of petition, 760; proof of service by statutory deolaration, 761 ; mteting of co:n- mittee expressly appointed for divorce proceedings, 750, 702; examination of notice, petition, bill and other papers, 702, 703 ; presentation and adoption of committee's first report, 703 ; presentation of bill, lb. ; second reading of bill, 704; proceedings before committee after second reading, 705-708 ; report of com- mittee, 708 ; expenses of respon- dent allowed in case of poverty, 759, n. ; third reading and coiii- munication to the Commr.ns.709 ; evidence no longer [)ublished in journals, i/>. ; fees refunded, lb. ; reference to lords' procedure,770 ; in t' I Commons, 770-772 ; refer- red after second reading to com- miUeo on private bills, 771 ; no longer reserved for her majesty's pleasure tiiereon, 772 ; list of divorce cases previous to 181)7, 750; since union of provinces, 752, ??., 750, 11. YIII. Kates and tolls imposed in the Senate, 772. IX. Amrwlmads ma<1i; b>/ citJtir hovpi; 770; read second time and agreed to 777 ; disagreed to, etc., lb. ; sometimes referred to select standing committees, 777, 778. Privileged pensons, not members, 244-245. See I'rirUirjrn, etc. Privileges and powers of jiarlia- ment; claimed at beginning of new parliament, 233 ; their na- ture, 235-237; memt)er3 privi- leged in tlieir attendance on par- liament, 237; exempt from ar- rest on civil proce^^s, 237. 23S; need not servo as jurors, or attend as witne8ses,238, "2;!9 : breache.s of privilege, libels and reflections on proceedings of house, or its n\em- bers, 240, 241 ; publication in newspapers of proceedings of select committees, 241 ; the as- saulting, threatening or dialleng- Privileges and powers of parlia- ment — continued . ing of members, 242 ; disobe- dience to orders of house, 243; attempts to bribe, lb. ; witnesses, counsel and other j)er8ons in at- tendance on parliament, privi- leged, 244 ; publication of parlia- mentary papers, lb. ; punishment of a contempt of privilege, 245 ; I)Ower of commitment, lb. ; its duration, 247 ; procedure in case of a breach, lb. ; j)ower to sus- pend and expel its members, 249; to summon and examine wit- nesses, 250; witnesses should answer proj)er questions 251 ; of provincial legislatures, 253 ; deci- sion of the supreme court re Lan- ders V. Woodworth, 253-255 ; pro- vincial acts defining privileges, 255, 25() ; questions of j)rivilege, their varied character, 375 ct xeq.; have precedence over all other questions, ;)77-379. Privileges and elections, committee of; appointed in the Commons, 49.5 ; matters referred (contract- ors in parliament), 173-175 ; (eli- gii)ility of certain members), 103-105, 107; (double return), 107-109 ; ((Quebec harbour works, etc.). 52;'), 7t. ; ((juestions of law), 100, 101, 102, n. Privy Council of Canada ; appoint- ed to aid and i-.dvise the gover- nor-general, 54 ; origin of name, Jb., 790 ; the ministry, 55, 50, 790 ; its memliers present addresses to his excellency on behalf of either house, 35;), :)5n ; bringdown mes- sages, 359, 300 ; oath of oMico, 812. Privy Council of England, judicial committee of; their decisions on questic)ns of legislative jurisdic- tion. See Chap. J.,. ^(C. I o. Proclamation of 1703; establishing government in Canada, 0, 7. Proclamations'; calling parliament together for despatch of business, 270 ; prorogued by, after close of session, 287 ; for dissolution of parliament, 290. 922 INDEX. I P II I Progress reported ; from committee of the whole house, 485 ; from committees of supply or ways and means, 552, 553. Property qualification, required for senators, 140; declaration re- specting, lb. ; renewed at begin- ning of a new parliament, lb. ; not required for members of the Commons, 140. Prorogation, 270, 2SG, 28S. Protest of senators to a vote, 454 ; may assent to it in whole or in part, 455 ; expunged by order, lb. Public accounts, committee of; ap- pointed in the Commons, 493; not in the Senate, 472 ; its im- portance, 798, n. Public acts; local and private acts to be deemed, 097. Punishment of misconduct of mem- bers, 6:'>9, 040. Punishment of a contempt of par- liament, 245. Quarrels between members ; speaker interposes to prevent challenges, 438, 439. Quebec Act of 1774. See Parliament- ary Instilutions in Canada, HI. Quebec; provincial constitution of, 68, 69. See Parliamentary Institu- tions in Canada, VIII. Queen, The ; head of the executive authority, 51 ; represented by the governor-genoral , lb. ; addresses tO) 351 et seq. See Crown. Queen v. Robertsci ; judicial deci- sion thereon, 102-104- Queen's birthday ; houses adjourn over, 292. Questions : I. Proposed by the chair, 369 ; how determined, 76.; when compli- QuHSTioNs — continued. cated may be divided, 371 ; of privilege 375 et seq. ; amendments thereto, 385 et seq. ; means of postponing or superseding them, l)y adjournment, 395 ; by pro- cetiding to orders, 396 ; by pre- vious question, 398 ; same ques- tion not to be twice offered in same session, 401 ; evasions of general rule, lb. ; debate there- on, 416 et seq. ; voting thereon, 449 et seq. : putting question, new rule, in English Commons. App. II. Questions or inquiries, put by members ; notice of required, 383; latitude allowed in the Senate, 381 ; no entry in Lords' journals of inquiries, 383, n. ; rules limiting their terms in Commons, 383-385 ; place on order paper, 302, 303 ; no argumentative matter allowed, 383; clerks may amend notice of irregular question, lb. ; should not refer to matter of opinion, lb.; latitude allowed to mmisters in reply, 384, 385 ; not allowable when they afl'ect character or conduct of members, 385 ; other limitations to putting them, 384 ; new rule of English Commons with respect to motion for ad- journment of the house during putting of questions, t^ee App. L Quorum ; in the old legislature of Canada, 28 ; in the Senate, 298 ; in the Commons, lb.; question superseded, 299 ; of select com- mittees, 502, 503. Raii-wavs, Canals and Tblewraph Lines, committee of; appointed in the Senate) 492 ; in the Com- mons, 493; bills referred, 727; model bill for the incorporation of railway companies, 723, 724 ; App. K. Reading room in botli houses, 230; admission thereto lb.; newspa- pers tiled, 76. Reasons of disagreement ; commu- nicated to either house, in case of bills, 466. INDEX. 923 Recommendation of the (Jroim. See aiap.^XVIL, sec. 2. Supply. Bills. Reflections on the house, or its members, punished as breach of privilege, 240. Belations between the houses ; Messages by clerks, 460 ; atten- dance of members requested, lb. ; of officers or servants, 461 ; con- ferences, 463 et seq. ; reasons of disagreement communicated 466 ; joint committees, lb.; inter- change of documents, 467 ; with respect to tax and money bills, 468 et seq. ; bills rejected by Sen- ate, 472-474 ; no tacks to supply bills justifiable, 474 ; initiation of measures in upper chamber, 475 ; efforts in that direction, lb. Reply ; allowed in debate to mover of substantive question, 416. Reports ; of debates, 227 ; of com- mittees of the whole, 488 ; of se- lect committees, 512. 615 ; of com- mittees of the whole, on public bills, 622 ; of committees of sup- ply and ways and means, 558 ; of committees on private bills, 743. Reporters. See Hansard. Representation in House of Commons. See Commons. Reprimand ; by speaker, 434 ; en- tered on the journals, lb. Resignation of members; statutes in relation thereto, 181 et .leq. ; case of Mr. McGreevy resigning while his seat was contested, re- port of committee of privileges and elections thereon, 895. Resolutions; proj)08ed in commit- tee, 484, 533-536 ; rescinded, 401 ; reported from committee of the whole, 488 ; in committee of sup- ply or ways and means, 551 et seq. ; reported from those com- mittees, 558 et seq.; procedure on second reading and concur- rence, 489, 560; bills ordered upon, 566, 591 , 596 ; duration of Resolutions— confrnwerf. sefssional trders or resolutions, 264, 265. Responsible government in Can- ada; its origin, 29-32 ; its deve- lopment, lb. Return book ; of ele(!tion of mem- bers at opening of a new parlia- ment, 186, 273. Revival of a bill or (juestion ; on superseding of order for seconcl reading of a bill, 604, 634 ; for committee of the whole or other stage, 605, 634 ; in case of no quorum, 034; or of committee of supply, 553. Riel, Louis ; expelled, 196, 197. Robertson, J. E. ; returned to the Commons on a "double re- turn," 167; his case referred to committee of privileges, 168 ; de- clared not elected, 169. Roman Catholics ; their rights un- der the Quebec act, 11 ; not obliged to take the test oath, Ih. Royal Assent to Bills, XVllL, sec. 25. See Chapter Rules, orders and usages ; their origin, 258-260 ; in the Senate, 259^ 200 ; in the Commons, 260 ; revision of, 261, 202 ; necessity for strict adherence to, 262-264; only suspended by unanimous consent or after notice, 263 ; sessional or- ders and resolutions, 264, 265 ; observations upon, 813-816. Rules of construction of li. N. A. Act of 1867. See Parliamenlar>i Insti- tutions in Canada, IX. Rupert's Land ; acquired by the dominion, 47. Russell V. the Queen, 105-7. Russell election case; referred to committee of privileges and elec- tions as to issue of warrant for election by house or speaker, 161. ^24 INDEX. Russell V. the Queen, 104-107. Rykert, Mr. ; certain charges against him referred to commit- tee of privileges and elections, 200. Sadlhih, .Tamks; expelled, ISO, n. Sale of Spiriluou.i Liquors. See License Ac(/>. Saturday ; house does not y;ener- ally meet on, L'!)l ; committees may meet, 507, 508 ; house some- times sits on, at close of session, 291. Schedules to bills, .".Si ; when con- sidered in committee of tiie whole, f)18. Si'ul. See Gnat Sxd. Second reading ; of bills, 002 it myj. ; of resolutions, 44S, Tio!!, ."Hid. Seigniorial Tenure ; established, 4, 5 ; abolished, IM. Senate; its constitution, 01, 02; present organization, litO; (jnali- lications of senators, 140 ; renewal of declaration of property qualiti- cation, Jh. ; addition to number, 142 ; vacancies, 142, 14?> ; (ques- tions of qualiticatioiis and vacancies, how determined, ///. ; introduction of new senators. 141) ; mendiers must not be interested in certain contracts, 177 ; attend- ance, 100; indemnity, 191; places, 201 ; speaker, iiow ap- pointed, 202; bis functions, 203; clerk, 204 ; clerk assistant, Ih., 20ri ; gentleman usher of the black rod, lb. ; serjeant-at-arms, Ih. ; chaplain, 200; committee of con- tingencies, Ih. ; accounts, Ih. ; audited, 207 ; minutes of pro- ceedings, Ih. ; journal, Ih. ; read- ing room, 2;i0 ; admission to galleries, 223, 224 ; official repons, 227 ; privileges, immunities and powers, 234 et seq;; rules, orders, and usages, 259, 200, 263 ; revision of the same, 201 ; use of the French language, 207; proceed- Sbnatk — continued. inga at opening of parliament, 270 el seq.\ after an appointment of new speaker, 271 ; the mace, //). ; proceed inas on the election of Commons' speaker, 27S ; con- sideration of speech, 272, 273 ; prorogation, 280 ; days and hours of meeting, 201 ; adjournment over holidays, lb. ; long adjourn- ments, 292; decease of members, 293 ; adjour'iment during plea- sure, 297; quorum, 298; prayers, 299; order of business; 301; urgency given to government measures, 313, n. ; presentation of petitions, 31.") ; form of same, 318,319 ; money petitions,323; re- flections on house, 320; orders and addresses for papers, 330, 334 ; pupers refused, 337, ct fn'q. ; printing, 343 ; addresses to queen or governor-general, 351, joint addresses, 352-354; of congratu- lation, 354-350 ; on retirement of governor-general, //*. ; messages from governor-general, 300 ; re- specting pecuniary aid, 302; notices of motion, 300 ; questions of privilege, 375 << i^cq.; questions put by mend)ers,!KSl-3S3 ; amend- ments, 385 et .vq. ; dilatory motions, adjournment of house or debate, 394 ; previous ques- tion, 398 ; revival of question in same session, 400 et ani. ; deport- ment of senators whilst speaking or in tlioir places, 405 : their pre- cedence in debate, 407 ; rules limiting debate, 410, et s^cq ; man- ner of addressing other senators, 425 ; rules for the preservation of order, 427 et .'>eq. ; words taken down, 434-437 ; taking a division, 440 <'t .feq. ; may enter a protest against a(;tion of majority, 454 ; senators having a direct interest in a question do not vot« thereon, 458, 459 ; messages to house by clerks, 400; requesting attend- ance of a member of either house as a witness, 401, 402; leave given to senators or otlicers to attend committees of the Com- mons, /6,; conference witli thb Commons, 403-405 ; joint com- mittee on library and printing, INDEX. 925 parliament, jpointment llie mace, :he election , -JTS ; con- , 272, 273 ; s and hours tljournment ,nj^ adjourn- Dfmombors, larin>; plea- ds ; prayers, lines?; 301 ; j;overnmont presentation in of same, :ions,323; re- 32b; orders papers, 330, , ;',37, ( f s''7. ; ^ses to qneen I, 351, joint of consiratu- retireinent of h.; messages :ral, 360; re- ,' aid, 3G2 ; to; qnestions Yy. ; questions -;'.S3 ; amend- rj.; dilatory 3nt of house 3vious ques- f question in rw/.; deport- st speaking ) : tlieir pre- 407; rules ,.i st'7 ; man- her senators, preservation woriis taken n>;; a division, tor a protest ajority, 454; lirect interest vote thereon, to house by sting attend- either house 462 ; leave or otUcera to of theCom- uce with the ; joint com- and printing. Sex ATB-r con tinucd. 467-492; puts committee of its own in communication with one of the Commons, 467; inter- change of documents with other house, II).; questions of exjjendi- ture and taxation, 468 et skj. ; Commons bills rejected, 472-474; rules respecting tacks to numey or other hills, 474, 569, 570 ; iriiiation of mnasnres tlierein, 475; conmiitteo of the whole, 477 I't i>(q. ; select and sessional com- mittees, 491 ft sx]. ; on private hills, 700; refer j)rivate hills to supreme court to consider ques- tions of jurisdictioi), 6S4, 6S6 ; may impose rates and tolls in private bills, 772 ; its proceedings with respect to divorce bills, 750 itseq. See Clerk, Parliamtnt. Serjeant-at-arms ; appointed in the Senate by committee of contin- gencies, 205; carries the muco, III.; appointed by commission under theareat ^al for the Com- mons, 222; his duties in the Commons, lb. ; maintains order in galleries and lobbies, Ih. ; takes into custndy persons guilty of misconduct, 224 ; summons per- sons ordered to attend house, 250; or may take them mto custody on speaker's warrant, 251 ; attends the speaker with the mace, 222. Session ; question, once decided, not again ofTered in same ses- sion, 401 ; private bills taken up and rapidly proceeded with in a subsequent session, 288, 289. See App. M. for length of each since 1867. Sessional orders ; their efiect, 264, 265. Severn v. the Queen, 101, 102. Shorthand writers ; before commit- tees, how paid, 506. See Hansard. Simultaneous polling at a general election, 146. Sittings. See Commons, House o'. Speaker : I. Of tlic S(nn(e : Names of from is67-1891, 202; apjwinted by commission under the great seal. IL; his duties, 203, 204, 270; proceedings in cuse of absence, 202,203, ri. ; salary, 191, 192 ; new appointment, 202, 271 ; commands usher of the black rod to proceed to Commons chamber, 271; informs Commons that causes of summoning parliament will not lie announced until a speaker is elected, 275; reports his excellency's speech, 272 ; acknowledges Commons privi- lotres on dtdialf f)l his excellency, 278 ; his duties at i)rorogation, 286; may address the house 203; exitlains points of order when ci.Uotl upon, 7^/., • Senate adjourns on announcement of death of a former speaker, 2i)3; his duties in absence of i|Uorum, 2 8 ; may present a petition, 317, 318*; decisions of speaker as to money petitions, 323, ?( ; signs addresses to tl'.e queen or her representa- tive, 353; presents address to governor-general on certain oc- casions,3o7 ; votes on (luestions, 203. II. Of the House of Commons: Names of, from 1867-1891, 215 ; reports of judges respecting con- troverted elections made to him by law, 158 ; orders issue of writs for elections, 180; informs the house of the issue of warrants, lb. ; issues warrant on resignation of members, 181 ; on a member's acceptance of ofhce, or on a vacancy by death, 182 ; new mem- bers, on introduction, pay tbeir respects to him, 187; his salary, 191, 192 ; admonishes or repri- mands members, 198, 434; pro- visions of B. N. A. Act respecting election, 207-210; election of new speaker in case of death or resig- nation, 209 ; provision for his temporary absence from the chair, 210; election of a deputy speaker, 210-212; serjeant with mace, precedes him on his enter- ing or leaving, house, 212; hi» 926 Speakeh — contiwied. INDEX. duties, 213 et mi. ; takes no part in debate whilst in the chair, 214 ; but may speak in commit- tee of tlie whole, lb- ; only votes in case of equality of votes, signs votes and proceedings, 216, n. ; his right of appointing certain officers and servants ; his control over the same, 218, n. ; informs house of changes at the table, 220; may suspend jr dismiss employees, 221 ; appoints ac- countant, Ih. ; may order with- drawal of strangers, 224 ; acts as chairman of board of commis- sioners of internal economy, 231 ; claims privileges at opening of new parliament, 278 ; is ex- amined in the cl air, in cases of inquiry by the house, 250, n. ; his duty on examination of wit- nesses at the bar, 250, 251 ; is cliairman of committee for re- vision of rule8,261 ; calls attention to certain quaifi standing orders, 265 ; reads motions in the two languages when possible, 266 ; elected at commencement of new parliament, 275 et seq. ; proceed- ings after his election, 277; reads prayers, 278 ; proceeds to the iSenate chamber, lb. ; his duty on returning, 280; at a prorogation, 286 ; leaves the chair at six o'clock p.m. ; resumes at half past seven, 297 ; his duty in absence of a quorum, 298, 299 ; at opening of sitting, 302 ; calls questions, 304 ; orders of the day, 305 ; calls for presentation of petitions, 315 ; puts question for their reception, 316 ; cannot present a petition, 317; lays cer- tain papers before houses, 213 ; does not put motions for printing, 348; reads messages from gov- ernor-general,360 ; communicates replies of eminent persons to thanks of parliament, 365; pro- poses a question to the house, 369 ; states motions and amend- ments, in their order, 388-390,405; addressed by members, gives precedence to member who first catches his eye, 406; his duty when two or more members arise, Spbaker — contimieii. 407 ; will not permit written speeches, lb. ; or allow reading of documents reflecting or com- menting on debates, 408 ; keeps members to question under debate, 412; calls members to order for infringing privilege of making personal explanations, 419; leaves chair on reception of message from governor-gen- eral, even in midst of a debate, 421 : will not permit unparlia- mentary language, 427 et Keq.\ interrupts a : nember who violates the rules of debate, 431 ; names a member for breach of parliamen- tary decorum, 433, 434 ; repri- mands, /.'>. ; orders that words be taken down, 434 et!>eq. ; his course on his attention being called to danger of hostile meeting be- tween members. 438 ; orders members to withdraw, 440 ; in- terferes to prevent personal allusions to judiciary, 442; his increased pow'rs in English Com- mons under new standing orders, 443, 444; puts question and orders members to be called in for division or a question, 446 cl seq. ; votes in case of equality of votes, 453 ; resumes chair to decide question, 483 ; and when- ever necessary, lb. ; presents the supply bill to the governor-gen- eral, 571. Speech ; of his excellency tlie gov- ernor-general at opening of ses- sion, 273, 280 ; at close, 286 ; ad- dress in answer (in the Senate), 273; (in the Commons), 282. Standing orders, committee of ; ap- pointed, 492, 494. See Private Bills, sec. iii. Stanley, Lord ; governor-general of Canada, 870. St. Catharine's milling and lumber company v. Queen, 118-122. Strangers, admission of ; to galleries of houses, 223, 224. INDEX. 927 Streams Act of Ontario ; disallow- ed, «2, 83. nit written w reading of ig or com- ^ 408 ; keeps jtion under membera to privilege of jxplanations, on reception governor-gen - of a debate, nit unparlia- , 427 tt i^eq.; r wbo violates , 431 ; names a of parliamen- 3, 434 ; repn- that words be na8 ; members need obey during session, 238. not Summons of parliament; by the Crown, 269 ; causes of, declared by governor-general) 27-), n. Sunday ; meetings of English Par- liament on, 296, n.; Canadian Commons sit on one occasion over Saturday, 297. SupersedcuK, -writ of ; issued to stay proceedings in thei?sueof a writ, 161, n. Supplementary notes ; on divisions, expulsion and resignation of members, public harbours, elec- tion and franchise acts, amend- ment of Senate address. See App. O. Slpply and Ways and Mkans. I. Grants (fpnUic money ; prac- tice relative thereto, 530 ; sec. 54 of B. N. A. Act, requiring recom- mendation of governor-general, 531, 532; previous committee necessary, 533 ill; disallowed, 84. Witnesses; privileged in attend- anco on patluiiuoiit, 244; tam- P«mlw,ih.ahrearhofpri;iloge, -4.i; s.Mnnio.u.l to atten.l Sini^ aio, _,)(); ((.iiunoiis, Ih.; answer questions 250 et .elj. ; s'worn al the bur of the Soiiat(,, 5:'5, 527 • before select coinmqtoes of both' houses, 527 5L'8; b.iore private bill committees. 527; expenses liow paid, 524, 525. decides he had been improperly removed Irom house ofaUeml.lv ot Nova Sec 4a for contempt, 253 Words ; taken down, 434 et seq. Writs for electiom. See Elections. Yeas and NAys. See Divisions. Yorke, attorney-general; on the rights of FreiUih-CanadianH pre- vious to Quebec act. 9, n. 69