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BY
THE HON. Q. W. ROSS
TO THE ELECTORS
In the Pending Bye-elections.
Mi^^-.^ —
Ab it is necessary to hold bye-elections at a period of the
year when, owing to the usual condition of the weather, it is
difficult for the electors to attend public meetings, and as it
might be impossible either for myself or any of my colleagues to
meet as many of the electors as we would like, I take thin
method of addressing the electors in the Constituencies recently
opened by the Courts.
THE fiENERAL ELECTION
At the General Election, which took p7ace on the 29th of
May, the Government, accordirg to the official reports of the
Returning Officers, carried 50 seats and the Opposition 48.
The returns should really have been 51 seats for the Govern-
ment and 47 for the Opposition, as the Judges at the tria; of tha
petition in North Perth struck oft' one of Mr. Monteithi's votes
on account of personation, and added to the vote of Mr. Brown,
the Govemraent candidate, a tdndered ballot which could not
have been counted by the C^aputy Returning officer. I e^lmit
this majority was less than I expected, and were it not for the
over-confidence that prevailed in a few constituencies, a good
deal less than I would have obtained.
OPrOSITION TACTICS
I need not remind you that the Opposition, daring tho
Election, did not attempt to discuss the policy of the Govern-
ment or present an alternative policy. While the leaders of
the Party were attempting to discredit the Government by a
subtle criticism of some minor detail of QovemmeDt Measures,
b
.j*f>«^»^.
whioh really did not affect their validity at all, their candidates
in the different oonatitaeneieB were appealing to the electors on
the groond that the Qoyemment was too long in power; that
they would do as well for the country as the Liberal Party had
been doii^, and perhaps better ; that it wonld be a great advan-
tage to toe Party at Ottawa if the Opposition were in power
here ; that the Government was not as efficient as we claimad it
was ; that there was nothing to lear from a change and so on.
In many cases, some local issue or the personal relationship of
the candidate to the constituency, mrnicipal or otherwise, took
the place of political issues. This with the cry of universal
corruption everywhere, except among themselves, and of exag-
gerated and untruthful statements as to irregularities that were
alleged to have taken place in a few places, made up the impov-
erished story of the campaign.
COKBVPT PBACTICBS
One would readily suppose from the vehemence with which
the leaders of the Opposition denounce corrupt practicesHihat
their Party had never lent itself, through any of its members or
agents, in any corrupt way or s any time, to influence the
electors. I do nc^ propose to pleat uhe offences of my opponents
in justification of what may have happened within my own
Party; I shall not, however, allow my opponents to shelter
themselves behind a mask of political virtue to which thejr have
no claim. "The evidence given in the Election Courts within the
last few weeks proves that the agents of the Opposition did not
pay the highest respect to the laws aj^nst illegal practices at
elections, and I warn the electors against the deceit which is
being practised by the Opposition in this respect.
THE LAST ELECTION
Previous iio the last election, Mr. Whitney advised his fol-
lowers to appoint committees of able-bodied men to guard the
polls and to watch the Deputy Returning Officers and others lest
poll books should be tampered with and the election law placed
at defiance by personators and heelers, etc., eta Well, the elec-
tions have passed over and what has he to show by way of
proof that there was any foundation for such outcry. Not a
single case of corrupt practices, not a single suspicion of any
irregularity, except in one case, and that was only a suspicion,
declared by a Judge of the Court of Appeal to be unwarranted.
A brief survey of the election machinery is the best way of
showing how admirably and fairly the election has been con-
ducted: (1) The writs for a General Election pass through the
hands of 98 Returning Officers, with an equal number of election
f\
"-*J|(W*» ■'
Deputy Retnro
the Liberal Fa^
them, except i
St. Yincent in t
clerks anl oonaUblee — total 294. Eaeh Ratnnung Officer haa
to hold a puUie nomination of candidates for the riding. No
complaint nae been made nor has there been a saq)ieion expressed
chat one of the 98 Retominfi; Officers or their assistants imdaly
favored the Government candidate to the slightest extent
(2) The ballot boxes passed through the hands of 4,191 Deputy
Returning Officers, with an equal number of p
were fint counted, no marks, except the ordinary cross used by
the elector in indicating his vote, was noticed upon any of the
ballots and they were accordingly counted for the respective
candidates. When the full returns were received for the riding
and the vote summed up Mr. MacKay was found to have a
majority of nine. Believing t at this majority could be increas-
ed, if the ballots were properly counted, Mr. MacKay called for
a recount, which was held by Judge Morrison. Onuie recount,
the ballots for this polling sub-division psieed the Judge's hands
without his discovering any other mark upon them than the
ordinary cross. Mr. Watson, counsel for' Mr. MaoEay, on ex-
.&*
amining them more closely, found two ballots marked for Boyd
with a distinct croM opposite hia name, and a small obscure
cross oppor \« MacKay's name in addition, and Mr. Da Vemet,
coonael for Mr. Boyd, found two others similarly marked. On
completing the examination the County Judge reported Mr.
MaoKay wected Trith a majority of live.
Against this, &pp^ was taken to Mr. Justice Madennan, of
the Court of Appeal, who examined the ballots at Osgoode Hall
in the presence of the representatives of both partiea The result
of his examination was to give Mr. MacKay a majority of five,
treating the four ballots thus marked as spoiled ballots, out even
counting the so-called spoiled ballots for Mr. Boyd, Mr. MacKay
would still have a majoritj of one. On the conclusion of the
examination at Osgoode Hall, Mr. Justice Maclennan is reported
as follows : —
JWSTICE HACLEinrAII'S OPINION.
" I am unable," said Mr. Justice Maclennan with great re-
spect, "to agree with the learned Judge that there is any evidence
that the MacKay crosses were made after the count at the close
of the poll I think they were simply not observed in the hurry
of counting, while the crosses for Boyd being conspicuous, caused
them to be at once counted for him. The same thing exactly
seems to have occurred on the recount, when the Judge, without
observing the two crosses, handed all four ballots as Boyd ballots
to Mr. MacKay's agent for examination, when two of thena
escaped the notice of the agent also, and were not discovered
until after the second examination by the agent of Mr. Boyd.
Vnder these circumstances it appears to me that there is hardly
room even for a suspicion that the marks complained of were
made after the counting of the votes."
If the opinion of a Justice of the Co\ti$ of Appeal, whose
impartiality was never questioned, is of any use, then the con-
tention of the Opposition that the ballots in North Grey were
tampered with, faila
ELECTION TRIAL— NORTH «KEY
Further proof that the Opposition had no confidence in the
charge that the ballots were tampered with was furnished at the
Election trial, which took place on the 4th of November last,
when it was proven that the conveyance of certain voters, on the
day before the election, from Meaford to Owen Sound, where
they were to vote, was paid for by an elector whose agency was
admitted, and as this was an illegal act the election was accord-
ingly voided. If the Opposition had any faith in the charge
i£at the ballots were really tampered with, as they alleged
daring the summer, why did the^ not proceed with the examina-
tion iMfore the judges to estabhsh that charge ? Bat knowing
that it was without foundation, and that it could not be 8a»-
tained by any evidence that could be brought into court — evi-
dence which they no doubt had sifted in the meantime — they
abandoned the charge, as they abandoned all other ohrrges mad*
against Mr. MacEay and the Liberal Party, except the one on
which ha was unseated. It appears, therefore, that in the case
of the only Liberal unseated so far there were no corrupt prac-
tices proven nor any irregularity, except the payment for the
conveyance of voters, which, by s«Atute, is an illegal, not a cor-
rupt, act. Indeed, so hopeless was their case in North Qrey that
not p single witness was put upon the stand to give evidence of
corru^ 'on, and we are therefore obliged, even on their own
showing, to assume that t! ey had no evidence to produce.
WHITNEY'S FALSE ALABH
In the Mail of the 18th July, }\r. Whitney is reported as
having said at a Conservative gathering in North York :
"He was in possession of information to show that in the
ninety-eight ridings in this Province, an organized attempt had
been made to steal one at least and sometimes two of the ballots
in each sub-division in the respective constituencies. This was
the reason that the returning officers had experienced SMch diffi-
culty in summing up the results."
Well, it is barely possible that so.^ e hysterical organizers in
the Conservative interest had conveyed to Mn Whitney informa-
tion such as he alleges to have had. Sut no / that the elections
are over and no evidence of the truth of this statement haa been
given,. I expect Mr. Whitney at the earliest moment to say thah
he was misinformed, otherwise his statements will have to be
regarded as slanderous beyond precedent. He has already had
ample proof that in no case were the ballots tampered with in
constitu<«ncies where recounts were made, and so far from pro-
ceeding against the party in all the constituencies, as his threat
implied, when put to the test his supporters and agents had the
courage to investigate the ballots in only fourteen constituencies.
KECOVNTS AND HOW THET ENDED
The following statement shows the constituencies and the
number of ballots cast where recounts were made by the county
judge:—
Bruce, South 3,800 ballots cast
Middlesex, East 4,936 " "
Lennox 3,129 "
Norfolk, South 8,371
6 •
Htwtiiun, 'Stmt 4,970 ballots OMt
GreyTNorth 6^6 "
Welland 8.590 " "
Perth, North 6.581 "
Hdton ♦.714 " «
Hnron, West 4,895 «
Simcoe, Centre 3,670 "
Wentworth. North 2,772 "
Prince Edward 4.430 "
Muakoka 4,092 " "
Total 62,805 "
At no previous elections, either for the Legislature or the
House of Commons, were the ballots in so many constituencies
examined before a county judge. If the Liberal had intended
to take undue advaD^ *ge of their control of the ballot-boxes, or
if they were tainted with corruption, as Mr. Whitney alleges
they are, surely in the scrutiny of 62,305 ballots, some proof of
their evil purposes would have been found. No party ever
passed through an election with a cleaner record. In Halton
the judge expressed his surprise at the icicuracy and intelligence
shown m marking the ballots. Other judges used :n89rvative Party
never made the slightest movement to bring to justice any of
the persons guilty m these irregularities.
HBHBBBS VNSEATBA
At the Conservative Convention held in Toronto, as reported
in the Mail cf September 11th, Mr. Whitney said : —
" I do not believe they will unseat one of our men wl o have
been elected. I am bound to eay that if they do succeed at ull
it will be>to the extent of one only."
Mr. V7hitney should take to heart the saying o^ '. ) AmericEi
humorist— " Never prophesy aless you know." So far from
being unable to unseat one man, the Courts have already unseated
two Conservatives (and there are probably more to follow)
and only one Liberal.
In North Perth the seat was vacated on a scrutiny of the
vote. The majority reported by the Returning Officer for the
Conservauve Party was two. On a scrutiny of the vote, it was
found that one Fraser personated an elector of the same name
and in this way voted for the Conservative candidate. It was
also shown that a tendered ballot, which could not have been
counted by the Depaty Returning Officer, contained a good ^ote
for the Liberal candidatb. The changiuflr of these two votes
made the result a tie and the Judses accordingly declared the
seat vacant without proceeding furtner with the scrutiny. The
irregitlarity shown in this case was personation by a Conserva-
tive elector.
In North Norfolk it was shown that five voters had received
trapsportation in order to vote for the Conservative candidate,
Dr. Snider. As the majority in this case was only twenty-six,
the Judges deemed the act sufficient to void the election. To
pay for transportation is an illegal act and exposes the oflending
party to a penalty of $100.
In
ported,
•ay.
East Middlesex the Judges have not yet re-
What their decision nuy ultimately be, I am unable to
■ n
8
I^ North Qrey, the Liberal Member-elect was unseated
because an agent paid for the> transportation of voters from
Meaford to Owen ^und the d^ before the election. The case
is in law similar to the North Norfolk case, and the offending
party is liable to a penalty.
Th<> Election Court has not, therefore disclosed any corrupt
practices whatsoever on the part of any Liberal candidate, and
only one case of personation on the part of the Conservative
candidates. In the examination of the candidates prior to the
election trial, however, certain important facts were brought out
which are somewhat significant.
DK. SNIDER— NORTH NORFOLK
In the case of Dr. Snider of North Norfolk, we have his own
testimony, taken under oath by the Court examiner in Toronto,
that he received $500 from a Central Fund, the cheque being
signed by E. B. Ryekman and endorsed by E. B. Osier. It wotda
appear, that Mr. Ryekman was the Treasurer of some fund and
tnat Mr. E. B. Osier, Member of Parliament for one of the Divi-
sions of Toronto, was aware of such a fund. Dr. Snider swore,
however, that he did not spend all the money placed at his dis-
posal.
BOTD-NORTH GREY
Mr. Boyd, the elected candidate in North Grey, in his sworn
testimony taken before the election trial, stated that he received
$700 from Mr. Ryekman.
CAR8CALLEN— LENNOX
Mr. Carscallen, the Conservative Member-elect for Lennox, in
his sworn testimony also stated that he received S500 from the
Central Fund and $100 from his cousin, the member for the
House of Commons for North Hastings, and another $100 from
Uriah Wilson, the member of the House of Commons for Lennox.
LENNOX— NORTH YORK
Mr. Lennox, the Conservative candidate in North York,
swore that he, too, received $500 from the Central Fund for
election expenses, which he admitted to have spent.
Here, then, we have, on the sworn testimony of four Con-
servative candidates, evidence of a Central Fund, or what
Mr. Whitney would call a Reptile Fund for election pur-
poses. Who contributed to this fund ? Was it the corpor-
ations that Mr. Whitney said he would relieve from taxation if
he were returned to power, or was it the promoter of some
enterprise to which assistance might be granted if the Opposi-
MHH
:s-
tion carried the elections ? The sum of $500 for each constit-
nency would mean about $50,000 for the whole Province,
assuming that this amount of money was equally distributed.
Mr. Boyd, however, said that he received $700. What was the
limit ? Did larger sums go into closer constituencies ? Did the
candidates receiving this money apply part of it to their own
use, Hs Mr. Carscallen and Dr. Snider swore they did? What
was done with the unaccounted balance — will Mr. Whitney
explain ? Did the other members of the Executive Committee,
of which Mr. Ryckman appears to have been the Treasurer,
know of this expenditure ?
We were to have extraordinary re'*-'ationH of the corrupt
practices of the Liberal Party, and instead of that, we have been
furnished with extraordinary revelations of the doings of the
Conservative Party. Mr. Whitney has denounced the Govern-
ment for having robbed him of seats by corrupt and illegal
practices, and now he and his Party have been caught red-
handed in robbing the Liberals of two seats, with others to be
heard from, which, rightly belong to us. It is for the electors to
say how such shameless conduct should be treated.
SOUTH OXFORD
In South Oxford and Lennox the Conservative members-
elect hold their seats. The judges differed in regard to some
of the evidence. One of the judges would have gone so far
as to disqualify them both for personal bribery. Until the
judgment of the Court of Appeal is obtained it cannot be said
whether or not these ridings will be opened. It also appears
that improper methods were adopted for obtaining evidence in
regard to some of the charges in South Oxford.
Progress Since the General Election
At the General Election held on the 29th May, the reeg^ of
the Liberal Party daring the past thirty years waa discussed and
explained as fully as circumstances would permit In these
discussions it was shown that the administration of every de-
partment of the public service was progressive, efficient and
economical It was also shown that the Attorney-Qeneral's De-
partment, under three successive Attorneys-General, had protect-
ed the interests of the Province against wanton attacks made by
the Dominion Government, and were it not for that defence,
what is now known as New Ontario would have passed from
i"ider the jurisdiction of the Province. Since the General
Elections of May last three cases have been decided by the Privy
Council in favor of the Province, which shows the continued
vigilance of the Attorney-General's Department over the inter-
ests of the Province. The first of these referred to the
COMMON SCHOOL FVNDS
Under the Confederation Act, the Province of Ontario is re-
quired to pay into the Dominion Treasury, in trust for its own
use and for the use of the Province of Quebec, all moneys col-
lected from the sale of what are known as Common School
Lands; that is, of lands set apart by the old Parliament of
Canada as the basis of a fund lor the maintenance of common
schools in the two Provinces of Ontario and Quebec, then united
under one Legislative Assembly. The Province of Quebec held
that the unpaid balances on the sale of these lands should at
once be placed in the hands of the Dominion Government To
this Ontario objected, on the ground that the Province was not
liable for this money until after it was actually collected. The
amount involved was $485,000, of which two-fifths properly be-
longed to Quebec and the remainder to Ontario. If the conten-
tion of Quebec was held valid, the Treasury of Ontario would be
required to advance this money. This view was resisted by the
Government and carried before the Privy Council, the Attorney-
General of the Province, the Hon. Mr. Gibson, being present at
the argument Judgment was given on 12th November in favor
of the Province, thus rendering the payment of this money un-
necessarv until it is actually collected from the sale of the land. A
less vigilant Government might have allowed the case to go by
default The second case is known as
'1^'^
i\^
11
TUS 8BTBOI«B CASK
This ease arose oat of the contention by the Ontario Mining
Ca, that a lease for the sale of mining lancu in the Thunder Bay
District, in regard to which the Indian title was not extinguish-
ed, should be issued by the Domini