IMAGE EVALUATION TEST TARGET (MT-3) // 7 ,.< ^ '«? &?- <:>/ :/ 1.0 I.I llllltf i^ IIIIIM IIIM ii:4o 2.2 2.0 1.8 1.25 1.4 1.6 .4 6" — ► VQ <^ n ■c). #, ^ ^ 0> ^^ O /a % ^> / /A Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 ' each si'ssion of a iaru;er niiial)er of public and jji'lvntc bills in the Senate than has bi'cn hitherto the case, has been a matter of debat(^ on several oi-easions in that chamber, and of comment in treatises on the proc'edure of the Canadian Leuislature. J^ast session, in the House of Com- mons, the Honourable Mr lilakc brielly referred to the nuitter and asked the ti'overnment whether, in their opinion, it would not be expedient to take it up. No step, ho\vi'Vt!r, was taken in this direction in the House of Commons, and the debates in tlu' Sena'e have never been followed by any practical measure la the way sujrgested. The same subject obtained much cousideratiou for years in the Parlia- ment of JMiu'laud, where the number of private bills are sometimes extremely larj^'e. In years of pressurt' the result was almost a deadlock in legislation. Opposed bills came before the House of Lords at so late a period in the session, that all were hurried aud some were laid aside. Ik'fore proceedinff to review the condition of public and private busi- ness in the Canadian Parliament, it will be useful to note the experience of th(! English Jlouses in this matter. The difficulty in lilngland arose for years chiefly from the constitu- tional rule,— persistently aiul rigidly enibrced by the House of Commons, — which prevented tlu' J^ords from initiating any legislation which involved the imposition of toils andtbarges of any class. In order to obviate this serious difficulty the Commons, at the suggestion of Lord Kedcsdale in the Lords, aureed at last to waive a privilege which had ceased in moderu times to be important or expedient save in Supply, and to allow all private bills to be apportioned ecjually beiween the two Houses. By the present Standing Orders the Lords may consider bills where the fees and tolls " are imposed in respect of beni'fit 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 exche([uer, or in aid of the public revenue ;" and when such bills '■ shall be a private hill for a local or personal act ;" or if they refer to " rates assessed and levied by local authorities for local purposes " Consequently the basis of a better despatch of business in the two Houses was at once laid. A further improvement w^as made by the adop- tion ot the following Standing Order ; — " The Chairman of the Committee of Ways aud Means shall, at the commencement of e.ach ses.sion, seek a conference with the Chairman of Committees in the House of Jjords, for the j)urpose of determining in which House of Parliament the respi'ctive Private Bills should be lirst considered, and such determination shall be reported to the House." By reference to the Journals of the English House of Commons, every session, it wnll be seen, that, among the first business transacted, is the presentation of a reiiort under this rule. The bills to be initiated in the Ijords deal with Hallways, Harbours, Corjiorations of Cities, "Water and Cras Companies, Inlirmaries and Asylums. Trust, Banking, aiul other Stock Companies, Vestries and Parochial Boards, Navigation Companies, and the ni\merous classes of subjects that naturally and necessarily fall under pri- vate legislation. I' I r 11 1 ' r r r In order to facilitiitc the oxamiiiatiou ol' Privnio Mills, previous to the sussion ol' I'arliiiiiieiil, it is ii Staiidiiii^- Order oi'the Coiiiiaons : " Every |)eliii()u lor a private hill, headed hy a short title, descriptive of the uiidertakinu' or hill, eurrespoiidiim' with that at the head of the adverliseiiii lit, with a declaration, sii^iiied hy the au'eiil, and a printed copy oi'the hill annexed shall he deposited in tiie Private l!iil Oiiiieini or hel'ore the 21st of Deceiulier and such Petition, 15111 and Declaration, shall heopeii to the inspection d'all parties." It is also a Tuh- that copies of all hills shall, at the same lime, be deposited with the Hoard ol' Tra been ^o sinnal as those in whiih till' examiners were constitutele and ate bill leo-i^jhition relatively small, and suited ■ounlry where it is necessary to give every encour- and its provisions as perfect as possible. A\ hile a bill is before the Commons, it is the i)ractice to lay it before tlu' Chairman in (piestion, and give ell'ect to his observa- tions durinu' the jirou'ressof thi' bill throiu;h the Commons. The amend- ments sugiicsled in the Lords are thus I'mbodied with the other amend- ments before the bill has passed the Commons ; and unless the bill be opposed, its progress through the Lords is at ouee easy and expeditious. ![ i ■ .<\ A' 8 Oiii' of the plans susjpostt'd in England IVoin limi; to time, iivowcdly for tho purpose of facilitating public business, has been the sul)^liluti()ll of - single in(|uiry, for the existing double inquiry into Contested liills. 'I his plan was much discussed by a Commons' Committee ol' IS.'):). Mv. Lowe, one of its mt'nibers, moved, "That the House of liords be invited to concur in sonu! arrangement by which a I'rivate Bill may be investiualed, at the same time and jdai-e before a Committee of the two Houses, or by which one joint tribunal nuiy be formed from both Houses." The opiiiinn in the Committee was divided, and the Chairman eventually ffave a casting vote against the i)roposal, which was then supported by Mr. Gladstone ami other emiiu'ut iiarliamentarians. Similar pro|)osals were made in sub- sequent years. In I8ti!t a joint Committee of Lords and Commons was appointed " to consider whether any facilities could bi' given for the des- paii u of business in Parlianu'iit." This Committee considered it expedient that opjiosed Private liills should be referred to a joint commit lee consist- ing of three memV>ers of each House, and were of opitiion " that this change \vonld introduce, greater sinii)licity and rapidity ()f procee.) .slio\viu|i^ the followiiii^' I'ai'tN ibr each year during livo years : 1. Sittinu's and adjounimouts of the Sriialt', carli so-isioii. 2- (lovornmeut, I'uhlic niid Private liills introduced iv.speclively in thtt Senate and the House of ('oiiimoiis, eaeii .se.ssi(Mi. The farts set fortli inthese<'ond lahh- may l)e eoiisiih'red, in a measure, rosi)onsihie for the faels disclosed ill liie iirsi lal)ie l«ut hy reference to tlie second tiihie it will he seen that there lias l)eeil a decich'd increase in the numi)er of piihlic hills initiated in the Senate of late years. In 18lin, there were 17 government and i)uhlic hills hroiiiiht down to the C'oininons from the Senate against !) in l«8tj, o in lh«T, and 3 in l«H?<. Uf this numher, i:i were government bills. In the ease of Privates Bills, theie has heen no rhange in th(> same desirable direction. In 1S!)0, I hen- were SI Private ISills introduced in the Commons and only six presented in tht^ Senate, and of the latter thri'e were Divorce liills, which have l)eeii always initiated in the upper house. The same facts are disclosed by reference to the Journals of the Senate for each session since 18t)7. It is quite obvious that if the promoters of Private liills are fripllpi'ls oT till' (li,s|li( I illlcri'slcd ill till' pnipiisi'il lc;iisliili()i|, I'ol- iit iciisl two lllolillis licjol'i' llli- roilsiilclM- tion of till' pi'til ion. 'I'll is hi If is const ant ly siispi'iidi'd mi tlii' ii'ioinuu'ii- dutioii ol' t lu' SliuidiiiL!' < h'di'is ( 'oiiiiiiitti'c en sulliririil irasoiis l.'i'iiig nivcii to till' t'omiiiitti'i' liy till' pioiiioti'is. In till' llousi- orConinions tlnTi' is idrcudy pnuliciilly all llir iiiarliin- ery ncccMsiiry to curry out tho proci'durc in voii'uo in ICnulund, should the cxistiii'^' rules rclaliiiu' lo I'rivati^ liills In- anuMidcd in the sainc direction. The Chairman ol' Conunillee.s of the Whole or ol' Ways and Means could easily discliavue the dill ies of t he same olliccr in l']iiulaiid, whose not least important luiictions are those connected with the prouTess of Private liills in rarliaineni. In the ruiadiaii House of Commons, (he duties of examiners of ])i>ti- tions and !■ ,' '"ive heeii i)ractically disclmruvd hy Clerks of Private Hills (^onimittees. ....'Clerk of Staiidina' Orders liillows in the newspaper all the notices for private hills, and in forms the Chairman whether the .Slandinii' Orders ha\e lieeii complied with or not. The Committee are mainly •jovoriied hy his report on these imdiniinaries and other points relative to the notice and the pi'titioii. In the case of Railways, the most important suhjects that coinehel'oro the Commitlei's — involvinu- as they do, lavLic (|ucstioiis of puhlic policy and sectional or local interests — the House of Commons not lonu' since adopted a Model IJill (see appendix K), "in accordance with which all Private liills for acts of incorporation of, or in amendmeni of acis incor- jjoraliii!'- Kailway Conipanies shall he drawn "— -jopies heing' obtained ou application to the Clerk of the House. This Standinii' Order has much facilitated leear to possi^ss the same ellicienl machinery that exists in the House of Commons for the initiation and consideration of Private liill legislation. This "vises chielly from the fact that .so few Private liills have ever been introduceu in that House that the attention of its members has never been fully directed to the subject, and its staff for im])ortant Committee work of this character is very limited. In the case ol Divorce Hills, to which the Senate have chielly devoted themselves, their rules have been much improved of late years, and a more legal and judicial character given to their procedure, hi this particular the House of Commons hiis l)ct>n vclidvccl ol' a Irouhli'sonic class of legislation, aud wo have an illustiation of tlir Ijcnclit tjiut I'ariiami'iit, may di'iivc I'rom m- croasinu' the laiiliticsor the same lloiisi' lor the considcialiun ol'ulhcr classis of pi'ivalc hills. The Si'iiatc has n(j more coustitul ionai liu'iit to consider J)ivoi(i' liills tlian the Hiniscor ("omnions ; it is a matter whicji the Senate has taicen up in conl'ormily with tiie practice of the House of i^oids, and the Commons has ac(]uiesced in the couvenieiice of the arrang-ement. The iSemite has no i)ermanent Chairman of Committees like tho House of Lords, hut it is desirahle that one should he ai)pointed l>y that body in case of a change iu the direction now suii'u-ested. The Senate has not adopted the rule resi)eitiii^' a Model I'.ill simply l)ecause the necessity has never arisen — the introduction of Kailway liills in that House heini^' ex<'eptional. Indeed, the Commons and Senate" liules should he uniform in all particulars as iu Iviuland. AVith this short reference to the lules and reuulatioiis respecting Pri- vate liills in the two Houses, wi' may now iu(|uire whether il Wf)uKl not lie jiraclii-ahle and expedient to make the follnwinj;' chanii'i's in their pro- ceduri' in order to faiililate the prouress of Prix ate liill legislation in I'arlia- ment, and give that additional cmidoynient and responsihilily to tho Senate which its members have more than once demanded in the interests of that branch of the lea'islalure. These suggestions are nn\inly based on the iMmlish jiractici' as brielly set forth in this memorandum, and on the simjjle rules and machinery that already exist in the Houses so far as they can be made applicabh' with a few amendments : — 1. All petitions and bills should b,' deposited in the hands of the Clerk of rarliament or of the Clerk of the House, on or bef re the 24th day of December [or one month before the meeting of I'arlianu'nt], and l)rinted in the two laiiguag(>s at once. 2. The iu)tice ])iiblished in the dnzrtle and newsi)apers, under existing rules, should state the date when the petition and bill will be presented. 3. At the beginning of each session, the Chairman of Committees of the House of Commons shall seek a conference with the Chairman of Com- mittees of the Si'intte for the [turpose of determininii' in which House the resi)ective private bills shall be lirst lonsidered and shall report such deter- mination to the House. 4. It shall be the duty of the Chairman of Committees, with the assis- tance of the Ollicers of the House, to examiiu' all i)rivate bills, whether opposed or unoi)posed. and to call the attention oi the House, and also, if he think lit, of the Chairnuiu of the Committee on every private bill, to all lioints which may appi'ar to him to requin- it: and at any period after a bill has been referred to a Committee, he is at liberty to report any special circumstances relating thereto to the House. 5. The promoters in depositing a jx'tilion in the House by the 24th of December as aforesaid [or one month belore the nieetinu' of rarliament]. shall place on the back Iherecd'the lunne of the nu'mber who is to i)resent it at the proper time in the House, and shall do the same in the ease of the Bill when il is to be presented in the House. This foregoing is a siimmary of the new rules that would jirobably enable the two Houses to ensure a better division of labtiurin an important chuss of legislation. Hut in other respects the business may be facilitated by forming a joint Commitlee of Standing Orders, instead of having separ- ate Committees in the two Houses rejiorting on petitions and compliance or non-compliance with the Standing Orders relating to noti< es. It would be inadvisable certainly to .have one joint tribunal as more than once sui>- gestod in England on the liills themselves, since a review by another IIousi> is v;ilu!il)li' MS oxiicriciirc hiis shown us in Ciintidiiuiuli'r our present Itroccduri'. i'lil one joint ConiiniKet' in lln' pri'liniiniiry sta<>t' ol 'pi>litions iind notires may Ix- nsri'ul Tiiis C'oniniilti'i' sliould he i'ornied at the very hei>inuinti' ol' liie session, us soon as tiie Address in answer to the iSpt'ech is agreed to. Exi)erience under even the present ruh' oreiiiiit days shows that were all private l)ills re(|uired to he i)resent"d i'or examination and printini^' lor a niueh h>nni'r pi'riod hidore the l)eii'inninL>' of each session, as is suiiirested ahove in a present elficient ollieers of the House of Commons, and the Senate clerk detailed for other Committee work. In the House of Commons little or no additional exjieuse need be in- curred by the i)roposed changes In the Senate the Chairman of Com- mittee, should be paid, ajul two or three clerks of committes might be added to the iiresent stall. In any case the total amount of fees received every session for private bill legislation is quite large, (.See appendix D), and it would be very easy to increase the fees by at least ten per cent., that is from $200 to §220 on each bill. Enough has been said in this review to show the difficulties that stand in the way of the ])roposed changes. The success of the whole si/slem must rest in a sireat meusiife on the vnrl>i prcsenliilion and iirintin<^ of hills, he/ore the session, so as to ensure their i/irision alonre between the lira Houses. Hitherto there has been great laxity on all sides, both on the part of pro- moters, and of the House itself, in alfording loo many farehend may soou dis- appear, and the business of the Houses be facilitated. In one respect, however, there may be some disadvantage from a pub- lic point of view in giving the Senate the initiation of a large proportion of important private bills, involving ([uestions of i)ublic jwlicy and sec- tional orjirivate interests. The important luMids of l)ei)artmcnls, like I'iu- ance, Kailways, I'ublic "Works, Interior, and Customs, iSrc.sit in the Hoiise of Commons, and on its Private Bill Committees. I'or instance, the Chair- man of the most important Committee, Uail ways and Canals, is the present Minister of Public Works, Ministers are always present on all the Com- mittees to protect the public interests. This practice does not prevail in England, where the Standing Orders are more comi)licated and numerous in order to guard i)ublic interests and relieve the Ministers so far as i)rac- ticable from attendance on Comnattees. In Canada the jiresence of Min- isters is unavoidable. In tht^ Senate the members generally have not only the leisure to give full attention to this class of legislation, but there are not a few men in that body especially competent to deal with Hanking, Commerce, and other subjects of public interest. The at).sence of im- portant heads of departments in the Senate, however, may be considered as tending to render that body less competent than the Commons to watch over j)rivate legislation. This is a ([uestion on which 1 do not venture to dwell, and will only suggest that, in all probal)ility, if the Chairmen of Committees devote thems'dves to their duties, Ministers will Iind their responsibiliti(>s much lessened ; since it would be the special I'unctions of those chairmen, as in England, toexamine and report on every bill that may aU'eet the public interests. By hiiviii^- copies of ill! petitions and hills deposited before the ses- sion, and in the hands ol' the puhlie depuriment.s, the government would Und their i)resent work mu^<) !51-2,!i7t!,18 1887 I(!,:i|.r0.) lf<8S 1.{ l!il:>2 188!i V.\.M:]A)0 18tt0 17,l;],J.05 In the Senate, duriiii>- the pa.st live yciirs, on lui iiviTage, 7 private bills (divorce incluil.-d) have been presented each year. Therel'„re. about $1500 would be an outside e,stiniatc ol' the private' bill de.s i)aid in that House. APPENDIX E. CoMAioNs' Rule bespectiiVU the Model Birx. SlA. All Trivate l?ill.s lor Acts oF incorporation of, or in amendment of Acts incorporating liailvvav C;onii>ani.'s, .shall })e drawn in ac.ordance with tho Model Hill adopted by tlie House on li-ird .Tunc, 1«87, copies of which may be obtained from the Clerk of the House. (ii). The provisions contained in anv liiil which are not in accord with the Model IJill, shall be in.serled between l)rackc(s. and when revised by the proper officer shall be so printed, and bills which are not in accordance with this Rule shall be returned to the promoters to be recast before beiu"- revised and printed ; ^ (b). Any sections of existinu' Acts which arc propo.sed to be amended shall be reprinted in full with the amendineiits inserted in their proper places and between brackets ; (c). Any exceptional provisions that it may be proposed to insert in any Bill shall be clearly specified in the Notice of Application for the same, olB. No Bill for the incorporation of a Railway romjiany, or for changing the route of the railway of anv company alrcadv incorporated, shall be considered by the Railway Committee until there" has been lyled with the Committee at least one week before the consideration of the Bill : (rt). A Map or Rlan drawn upon a scale of not less than half an inch to the mile, showing the location upon which it is intended to construct the proposed work, and showing a i.so the lines of existinu' or autliorized works of a similar character within, or in any way allecting the district or any part thereol", which th.> projioscd work is intended'to serve and such map or plan shall be signed by the Kngineer or other person makino- the same ; ° (6). An exhibit showing the total amount of capital proposed to be raised for the purposes of the undertakiim', and the manner in which it is proposed to raise the same, whether by ordinary shares, bonds, debentures, or other securities, and the amount of each, respectively. 59a. Before any Private Bill is considered bv the Committee to which It may be referred, a report shall '=.st be submitted to the Committee by the Examiner, stating that he has examined the same, and has noted, op- posite each section, any variations from the provisions contained in the Model Bill ; and, to insure uniformity, the Kxaminer shall revise and cer- tifi^ every Private Bill passed by the Committees, and the reports thereon, before they are presented to the House.