.^«> €>, IMAGE EVALUATION TEST TARGET (MT-3) v A fA 1.0 !P- l.l 1.25 ,», |12 us lAO 1— 12.2 20 1.8 1.4 IIIIII.6 Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) 872-4503 ^^ 4^ ,\ \\ % V -b^ V ^. ^ ^pointiiig an officer to liold the election. That being the case, it is of the first ci)iise(|uencc tliat i'arliament should ! watch carefully every step taken in every election | which is heing held in any j) rtion of this Dominion. We s'imetimos hear it said here that parties arc dispo.seil to live and to die Hritish subjects. I am not going to discu.ss the (|uestion of dying, because I suppose mo.st lion, geutleiueii like to stay where they are acipiainted ; and so, 1 suppose, they have no jiarticular an.viety to end tht'ir days in any liurriee Kjiveil Heandiil, if tiiin lloiiNe iiolilw it« ollieeiM to a . wtriet res|)oiinihility. I iiiii aMHeitiiig i\o mole tliiiii this, that it in the fluty of tie otiii cih of the House to ohey the law. It is ohvious that no clcpait uient of (Jovernnuait couM he salisfautoiily ailuiiuistered if every (litlenjliee helwceu ii super ioiotiitiT and an inferior oIlieiT had to he litigated upon and decided hy a j\idieial tiihuiial rather than hy a clccision of the su])erior otiieer, and therefore I say that, where it is olivious to the eoinnion sense ans one of the nristakeM that uroHe, and that is likely to arise where thei'e i« no proper' distinction made between irairres that ar'e on the list as of right, and those that ar'e orr that list as a irratter- of contro- \ei'sy. The .'t'Jnd section i^f this .Vet with leferenec to Voters' lists, shows ' (w the Act is to be uiriler- stood and interpreted. It can never be accurately or properly interpreted by looking at each inilividual section and irirdertaking to construe that accordirrg to the strict giamrrratical imjinrt of the words. In both Chapter'."! iirrd Chapter' 8 of these CoirsolrMated Statirtes, we mirst look at the whole .Vet, con- sider every ]ir'ovision of each of the.se Acts, and 8o , construe theirr tiiat they may all stanil together, and best carry out the iirterrtion of Parliament. , Section .'t.H shows that the class that is strirek ort' ■ the voters' lists irirder' section .'1(1, have seven days , within w hich to appeal fr'orn the decisi(nr of the i'e\ ising ollici'r' to the county jirdge, arrd tire reason of such a time la'irrg given for' tiiat apjreid is to allow therrr beinu restored to the list. Until that r'estor'ation takes place it seems to me that they do not stan8th j section we find this eiriiiieration of the two classes i of voters separately and distinctly, still furthei' j emphasized. Section .">S says : ^ till' t'i'tiiniiiiK ollii't'i iiiiiHt M(lil u|i tlmsi' voIck uml liiilMt ilcclai'i' till' I'liMilliliitr liii\ iii|>! a iiKijiinty I'lci'tril. \\ itliollt ri'frl'i'lU'i' to tlli' iliHtillrtinll tliiil hits lici'ii iiiikIi- lii'fiiri'. Iiiit it' y<>ii irml all llic |l^ovl^'il>ll.■^ lit till' Art I'fliitiiif; In till' iliitirs i(f till' I'l-tiiniili^ iillircr, it l>rrimir.s iirititi'tly (ilixiiin.i tliiit till' cliMtiiiitiiiii iniiilr i» iiiti'iiiU'il to Kr kept «liii'tly in vii'M. liiiMii'iliatrly iit'ti'i', in .si'i'timi (i'J uii'l I hIiiiII 'iiili'iivoiii' til iimki' this miittiT clu„i' ymi will »w tliiit it llu' Imlli t liiix is lost, if any of the lialliit lio\(;s ai'i! not I't'tlirnoil at tlu' a|i|ii)intril tinii', he may |iiiMt|ioni' ai'tion ami wait until a .siilisi'i|iii'iit ilay. Ami so in siKtioiilKt |iiii\isioii is I iiiaili' lor tin' loss i)f liallot lio\rs. Itiil it is iin|ior I taut to rt'ail in I'liniii'itiiin with this tlii' |iro\ision ! of till' law of last yi'iii'. It aiiu'iiils si'ition ti'J, and 'it |)io\iiU'H as follows as ivjianls tlu' ri'liiining ollii'ur ; I " In Clint" H'ly (lepiity rctiiriiiiiK offloer has not iliily oiii'loscil in Mio l,:illi)t box t!ii' siiiil stiiti'inriit of tlio { li:il|i>t |iii|>i'r< I'liiMiii'il l>.v liiiii IIS ri'i|iiiri'il l>y lliin Act, i>r if I'lir any otiirr ciiii.-ic tlif sitiil ii'tiiriiiiin ntlici'r I'liiinot at ! till' iliiy and limir iipiHiinti'il by him lor lliiit piiipiiso nsuiTtiiin tin' I'Xiii't niinihi'r of villi's nivon furi'iicli ciiii- j diiiiiti', till' i'i'liirMi;iK ntlii'iT iniiy tlii'ii'iiixni inljuiMn In a I'litiii'i' ilay mill Iniiir llie said siiiiiiiiiiiK.i>l> Hit' niiiiint'i' of TDlt's (rivi'ii fur riioli (Niiiilidiili', iinilsd fnnii tiniii tn tinio, ! siiL'li ailjiiiirMiiii'iil or ailjournmoiit.i nut inline aiTKriKiite jiapt'i's an- to lit' kt'pt si'iiarati'ly. ai.' to l.i' sralt'il i '" ''^''''"^ '"" """•^'■" np in st'parati' piuka;,'t's. tlii' lontinls of thi'se i 'I'lii'ii' tlu' iluty of the I't'tni nim' olliiiT in rcf^anl to j)ai;ka),'cs ari' to III' i-airfnlly iiotril upon tin- hack I loiiiitini; tlir voti-s is si't oiil ; uinl I riaini that of till- I'livoloiK's, anil tlii'V ail' to hi' plaii'il in thi' . lookiiii,' at what the law inti'inls with icspoi't to hallot lioNt's, ami till' hallot hiixi's aiv to lit' ii'tniiii'il j llii'st' voti's that are to lie snhjeet to appeal, that "'riiiMli'imlv iiiliiniinir hIVh'it .-hall iiiiikr mil n itate- nmnt nf tin' aci'i'lilt'd liiilhit iiiiin'r.'',iif till' iiiiiiiliiTiil viiten Kivi'ii to eai'h I'liiiiliih.te, ut the hiilliil (iiipeis I'liiiiiti'il, wlileli were ilopimilt'il hy porsmiM wIimm' riitlil tn lie reifH- tereil on tlio liHt iif voter," anil to vote." That is one elass — "anil by pi-r-oiiH the i'xihi''ii)ii of wIiom' iihiiu'H from tlio list of voler.i iippenreil by llie said M"! In lie the siili- juetH of iiiidt'eiik'd appeal as aforeriaiil." Here the i-'iinierations of these two elasses of voters are still to lie kept ilistinet hy the ilepnty retnrniiiK ollirer. If 've reail this seelion with the worils that are intemleil to he supplied. « hiili is the snhjeet of the lirst predieate. and which also is • he inipiieil snhiei-t of the seeond predieate, it woulil read as follows : ■ Tlio deputy rt'tnniinx otlieer .■•liiill innke out a stiile- nient of the lU'eepted biiijol papers, of the iiiiinber of votes triveti to einh I'liiididiito, of the bnllol papers eoiiliti'd wliii'li were depiisili'd bv persons wliose riulit to be ri'Kislert'd on llie list of voters iiii'l lo vole and of llie number of vote.s niveii to eiii'li eaiididale by persons the exeliisioii of whose names from the list of voters ap- peared, Ac." ') that there are two distimt eiininerations, the iinnieration of those whose ri;:ht to xole is nmlis pnted, and another ennineration of tliose who.se light to vote is a matter of appeal : f the polls, after having receivcl all the ballot boxes, shall proceed to open them in the presence of the election clerk, tlie canilidates, or their represeutati\ es, if present, or of at least three electors, and .so on : and that the candidate who has on counti.ig uj) the votes a majority of the votes, shall be then declared elected. If you weie to read that section by itself you would say that I'ight to I'l'inain on the list must In; decided before a |)ropei' return can be made ; and it is perfectly clear fl'om that provision that the returning o'licer is not in a )iosition to sum up the votes as r;;ipiired by the law , as amended last session, until the ipiestion as to the right of those |)artii's whose \oles are in appeal is decided. Let us further look ■'t tile jirovisions of the Act on this subject. Hy seetMi;i .'t,'! of the lOlectoral Franchise .\ct, it is io;ivideil thai the juilge shall, upon receiving the ;;,iid not ice of appeal, and copy of the decision a)iiiealed from, apjioint aconveiii-jnt time and place for the hearing of the appeal. What is meant by his appointing a ciilivenielit time and place'' Does it ni'/aii an indetiiiite time, a time that you cannot at the moment the appointment takes place asceitaiiiY 1 do not think .so. I hold that it is clear from the pi'ovisions of this statute that this cannot be the case. The judge considered these matters in November last. Certain lase.s were taken befoi'e him on appeal. Me dealt with those cases. Me decided that he would not hear any evidence anew, that he would not make any investigation for hiniscU, tha* he woiibl tak ' the evidence as it had lieen taken by the re\ isili'i ollicel' and the report of that otlicer, and then decide as to the I'ights o1' thejiarties tr go on the list and remain tller(^ That Was the course he pursued in dealing with, I think, thirty cases. With respect to those parties who had been put upon the list at the preliminary revision orat a preliniiiiary stage of theproceediugs, and about whom notice has been given that those names should be struck out on the ground that the parties were not iiualilied, the revising otlicer was inclined to hold, in fact lie did hold, that the worils " not c|Ualitied " were not a sutlicient desig- n.ition of the objection to the names of tho.se ])ar- ties going on the list. In the meant iine an appeal was had to the County Court judge from that deci- sion, and the judge ex]iressed himself as follows : — r r r "Itliink tlin iidlico wuh invii'iiil iiiidor tliu Act. I do not uiili'r iiitti nil iii'iiili'iiiii* di^ciiHsion as to wlictlii'r it wax null iiiid void I lliiiik nil tliiil I am n'qiiirod to du is to ilotiTiuiiu' wlicthor it wim a valid < r invalid iiotioc, and I Hay it wan invalid, and my reason lor iIiiih ili'iddiiiK in that no kioiiiiiIh aro Hlatud liy tlicin wli,v llu; man's naino fliniilii In- ri-movivl, ami tliiix it \* invalid under llio Act. Ho I'ar ac tin- rest of tlio aiipeal in |irt'.'eaU to the ,Su]iremt! Court of Canada, and when tin; second aiiplicatioii was made the County Court said : I will not adjiiilieate until there ia ii decision hy the Si premt^ Court, anil so there luw la^en no time and no plaiM: lixeil to this day for the' consideration of these appeals. I wish to call the attention of the House, in the first jilaee, to this matter. It seems to me, from looking at the provisions of the Act, that it is only when iKpiestion of merit is involved, a (piestion of^tlie right of the party as a voter to lie on the voters' lists, that there is an appeal f-om the decision of (!'e revisingoHicer to the ( oi'.nty Court judge. On a ineie matter of procedun' since the revising otHci r is not hound to conform to the ordinary rules of a court of justice, liiit is given a greater latitude to enalile hini to make his proceedings effective, in view of the ahsence of knowledgt^ of the law hy the voters that in that matter he is acting in acconhiiice with his discretion, and a matter of discretion can- not he a matter of ap)>eal. It is not iireteiided — or at all events it has not heen jiretelided that these jiersons had any right to he on the list, or that tliey were in any .sense(|ualified hy law to vote. Thai was not the contention ; the contention was that the notice to strike oH'liad not heen sufficiently delinite, and that contention the Court of Appeals and the Court of (Queen's Bench both held was an erroneous view. The re\ising otfieer jiroceeded ; he heard the evidence so far as there was evidence to submit, and the names of the.se per.sons were struck off' the roll. Now, if we look at section 04 which ))roviiles for a recount under certain circnin- stances, among other things w liic'h are provided for is this : "That any person voting at such election, whoso name was included on any list of voters used at such elec- tion, or whoso name was excluded from any such list, and wliose right to have his nr lo so included on the said list, or the exclusion of whoso name from such list, as the case may be, appeared hy such list to be the subject of an appeal pcndniR and undecided under the provisions of the Electoral Franchise Act, and that judgment has been rendered on sucli appeal deciding tliat such person w«s not entitled to have his name so registered upon said list, or that tho name of such person was properly ex- cluded therefrom, as the case may be." \ow, that is one class of persons, that is one ground upon which a recount hy tlie County Court judge may he .sought, hut I ask the attention of the House to subsection 2 of this section, wliiuh reads as follows : — "If any such appeal in respect of any person whose name is entered on the poll book as having voted at such election if not decided before the expiration of the said four day.) allowed for the making of an application for a recount, the time for the making of such application for a recount on the ground of the result of the decision of any such appeal shall be extemled for and until the expira- tioi. of six days after the decision of any such appeal." It is not stated that the rccojuit shall be postponed ; lint llie MUti'iiifiit in lluit iliftiiiif for iimkiiiK «iiili ii|)|>li(.'iitic poHtpoiitil imlilllu' t!\|>inttioii ot Mix ilajH iil'li r tlii' ilfciNioii ot the iipjK'iil. I woulil liki' to know liow it i^ powHJMf for tli«" rt'tiiriiing oilid i to inakf a rt'tiii ii ilininji that iiuriocl of tiinr, whih' the 'iiii'Htion of appciil is umii-ciiU"!. It ts pfiffctly ticar thai tho pally h.VM nix (hiyH iiftt-r the nppfaJH aif (h'ciiU'il t akf thih application. Now , it it wi-ri^ poMniliU- fof tin; tctniiiini, olliocr to injikf hiw ictmn hrforu that pi'iiod of liini', th'Mi it in pcifi'ctly o)(\ iouH liiiit in- han not tiionix ihiy« toniaki-the application, that he wonlii not havi-any lime, on tliiH ^'ifnnid. t nkc tliu apiilication. lit' iinnarty aggrieved his riglit to make the application. He is not forced to make his application at tince. It is not an application which after it is made is to he postjioned. It is this fact which is kept clearly in view hy this suh-section, that until six days elapse after the.se appeals are disposeil of, the returning otlicer cannot make a return. And why should he ? Wiiat right "'.us he to do so? .Suppose 4H, they were mingled together, Mr. I'ritchard, the returning otlicer, said : " I may as vyell state here that I have nothing to do with tlie question of the undecided appeals, i shall simply take the voles that are recorded for Mr. (,'arliiig and for Mr, Ilyman." Now, .Sir, that is the (niestioii of first importance that tliis House is called upon to consider : Hail he nothing to do with it'; Had he a right to |)idceod to sum up the good and the i|nestioned votes together'; I think it is clear from the provisions of the Act, that he had not to do it, that he had no ])ower or right to make a return until that (|Uestion was decided. If he made a return, it is (juite clear that it could only lie a special 'eturii — a return stating that there were so many votes polled for Mr. Carling and so many foi'Mr. Hyman ahout which tiierc was no (|Uestion, and that there were sii many for .Mr. Carling and so many for Mi'. Hyman which were under appeal. I»iit I think, looking at the |)rovisionH of the .-Xi^t of last year, that it is (|uite clear that no return of any sort