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Ontario ELECTiONSi

1^83

" With the Party, by the Party, for the Oountry."

Facts for the People

SHOULD BE

READ BY EVERY ELECTOR.

»7 w "'Wif

Confederation must be Maintained I

Ontario's Rights by Lawful and Constitutional Means

vrtiir.-

No Confiscation of Private Property I

No Centralization I

No Encroachment on Municipal Rights !

No Politics in Administering the License Law I

Extension of the Franchise I

A Non-partizan Education Department !
Justice to the Free-Grant Settlers I

Parliamentary Control of Ontario's Timber Lands I

Economy in all Branches of the Public Service I

FACTS AND FIGURES

-FOR-

THE ELECTORS.

As the Electors of Ontario are about to be called upon to
render their verdict on the way in which the Mowat Govern-
ment have managed the affairs of the Province, the following
facts and figures are put forward, not with any pretension of
being an exhaustive enquiry into the act of the Government,
but simply to refresh the memory of the Electors on some of
the more prominent points, and give them the facts in reliable
form, drawn from official and other authentic sources. To so
fully into all the points which might be brought forward in
an indictment of the Mowat Government would take a volume
much larger than the Electors would have time to pe-
ruse ; but it is believed the following pages contain enough to
convince candid men that their record has been one of reck-
lessness, violated principles, and grasping centralization, and
inimical to the best interests of the Province, ami ought to
arouse those who think more of the good government and
careful administration of the affairs of the Province than they
do of party, to a realization that it is high time we had a
•hange in the management of Provincial affairs. mb

CENTRALIZATION

THE nilKEIII CMSPIlit MHITMEIITIi

Danger to the Liberties of the People.

One of the lessons which history has taught is, that the liberties
of the people can only bo preserved by guarding jealously against the
grasping of new powers by those in authority, and it used to be the
boast of Reformers that they were ever found ready to resist the en-
croachments of Government ; but it remained for a so-called "Reform"
Government in Ontario to trample upon the traditions of the party, and
enter upon a career of centralization, which, if not checked, threatens
soon to put the.control '.of all public matters in their own hands, and
leave the Province at the mercy of a junta in Toronto, having its paid
emissaries monopolizing every office of trust amongst the people.
Their first prominent manifestation of this grasping and centralizing
policy was in the Administration of Justice Act, where, under cover of
providing for official notices, they took power to coerce County Coun-
cils and officials throughout the Province as to printing wholly paid for
by the Counties, and forthwith ordered it to be given to their party
friends, increasing the cost iti some Counties by hundreds of dollars-
When an outcry, was raised about this high-handed piece of interfer,
ence,|they partially relinquished the power, after a struggle in the
Hou8e_;_in the session of 1875-6 (Journal, pp. 50-51).

CONTROLLING LICENSES. ; ,

Their "greatest step in the direction of centralization, however, was
taken in'1876, when, in making a change in the License Law, the Govern-
ment took the whole control of the liquor traffic into its own hands, appoint-
ing its own Inspectors, and taking from the Municipalities the power of
deciding to whom Licenses should be granted, which it vested in an irre-
sponsible (y)nclave of its own appointment. Whenever this piece of
centralization by the Government is attacked they attempt to arouse
the- fears of- the friends of temperance and morality, by.raising the cry

'that those who object to their course are acting in the interest of the
liquor traflQc. They well know that this is without foundation, for iu
-so far as the Crook's Act restricted the number of Licenses that might
be issued, or placed other restrictions on the traffic, not a word has ever
been said against it by the Opposition. But the Opposition do object,
and the people agree with them in the objection, that it should be put
-in the power of auy Government, through their partizan Commis-
sioners, to have any class in the community so completely under their
•control as they have placed those in the liquor traffic by this measure,
The power of appointing partizan Commissioners is not necessary to
the enforcement of the Act in the interests of temperance, but has
worked in the contrary direction, by bringing the question into the
arena of party politics, and virtually excluding one half the temperance
community from taking petrt in the enforcement of the law. The
evident object of the measure was not to advance the interest of tem-
perance, but to increase the influence of the Government by giving them
•coercive power over an influential section of the community, and as
such is dangerous to the liberties of the people.

REFUSING TO GIVE ACCOUNT OF MONIES.

These License Commissioners receive and handle large sums of
«noney belonging to the Municipalities, but unlike other officials hand
ing Municipal funds, were not called upon to give any account of them
A member of the Opposition in 1880 introduced a bill to compel Com
missioners to give an account of the money they handled, and to open
their books for the inspection of township officers ; but the Government
were determined to give no satisfaction, and called on their follower" to
vote it down ! (Journals, p. 33.) And now the Municipalities must ce
content to take such meagre information as the Government chooses to
■give them, and are neither allowed to have audit or examination of how
their monies are expended ! Surely no one calling himself a Reformer
will tolerate such centralization as this.

ft RASPING MORE OFFICES AND COERCING COUNTY

COUNCILS. .,;

Nor have the Goveimment stopped in their policy of centralization
■with the appointment of Commissioners and Inspectors — they have also
•seized on the appointment of Division Court Clerks and Bailiffs,
Masters in Chancery and Deputy Registers who were formerly ap-
pointed by the judges ; not content with that, they have taken con-
trol of the appointment of Gaolers ; while last year the Minister
of Education sought to increase his power over teachers by
taking the extension of third class certificates more com-

pletely into his own hands, notwithstanding the protest of
ihe Opposition. (Journals, p. 141.) Since taking control of the ap-
pointment of Gaolers, the Government hare commenced to dictate to
County Conncils what salaries shall be paid to them and other officials,
although the Counties pay nearly the whole amount. In the County of
Hastings, for instance, after appointing a political partizan as Gaoler,
they demanded that the County Council should increase his salary by
$200. A bill was introduced last year to take away their power of dic-
tating to County Councils as to the salaries to be paid out of County
fands, but their mechanical majority voted it down. (Journals, p. 67.)
Determined to make another attempt to take the power of dicta-
ting to County Councils from the Government, Mr. Meredith in the ses-
sion just closed moved in amendment to the third readiug of the Mun-
icipal Bill,

"That all the words in the Motion after 'That' be struck out, and the
following inserted in lieu thereof : — "The Bill be not now read the third
time, but be forthwith referred back to the Committee of the Whole
House with instructions to amend the 45Gth section by striking out all
the words tlierein after the words 'County Council' so as to leave to
County Councils the power to fix the salaries of their Gaol Keepers
without interference or dictation by any Government Officer."

But the Government again refused to give up the coercive power
they have taken, and the following Govetmnent supporters, by voting
down the resolutJou declared their want of confidence in aur municipal
representatives, and said they did not believe County Councils could
be trusted to fix salaries, the great bulk of which the Counties, and not
the Government, have to pay. — ( Votes and Proceedings, p. 2'26.) -J' »■

Appleby,

Awrey,

Badgerow,

Balfour,

Bishop, *'^^ ''

Blezard, wtj^-ii-.i ,,

Caldwell,

Chisholm,

Deroche, ,-j .f'/ri'J.

Drury,

Field,

Fraser,

Freeman, "• '^i" *"""*'

Gibson (Hamilton),

KinfU'.. MESSIEURS.

Gibson (Huron),

O'Connor,

Graham,

Pardee,

Hagar,

Patterson, f-„;:+iar)

Harcourt,

Rayside,

Hardy,

Robinson (Cardwell)

Hawley,

Ross,

Hay, ...

Sinclair,

Laidlaw,

Snider,

Lion, ! iD'^t

Striker, •'. i'!>^;-'rP'

McKim,

Waters,

McMahon,

Watterworth,

Master,

Widditield,

Mowat,

Wood,

Nairn,

Young.

Neelon,

>jB

DANGEROUS TO PUBLIC LIBERTY.

If the Ministry keep on as they have been doing for the past four or
five years, the municipalities will soon find themselves shorn of power,
and everything centred in the hands of the Government. What the

result of such a centralization will be the people had a foretaste of lasi
June, when nearly the whole staff of officials of the Province were con-
stituted a huge electioneering agency, under the direction of the Mowat.
Government. Our municipal institutions are justly regarded as the
great bulwark of the peoples' liberties, and if the electors permit them
step by step to be shorn of authority, while power is centred in the
hands of the Government, they may awake to a realization of the error
they have committed when they are powerless to remedy it. Intense
partyism, and a desire to sustain theur friends, often blind men to lihe
true character of the measures they sanction ; but is it not time that
thoughtful men throughout the Province began to enquire whither wo
are drifting, rnd shaking off their supineness, resolve to put a stop to
this centrahzing of power in the hands of the Government, ere the
people find themselves so completely trammelled by a network of offi-
cials in the pay of the central power, cajoling, influencing and intimi-
dating in the interest of the Government of the day, that the public
will be powerless to give effective resistance to anything those in
power desire to impose. This is not a question of mere party, but one
in which all citizens who desire to preserve free institutions should
unite, remembering that if by their indifference they give their sanc-
tion to the system now sought to be imposed, the same machinery
which is wielded by a Government of one party to-day, may be a power
in the hands of the oppisite party to-morrow.

^HO '^

THE LICENSE LAW

Grasping Control of the Liquor Trade for

,,,^^,; f,/^.„. Partizan Purposes * 'f*

tjitat

THE OPPOSITION AMENDMENT

}

REMOVE THE QUESTION FROM PARTY POLITICS

The action of the Mowat Government in grasping control of the liquor
interests of the Province, being part of their settled policy of centrali-
zation, should receive the earnest consideration of every citizen of On-
tario, and especially of those who are interested in temperance reform ;
for a brief review of the inception and history of what is known as the

OrookH Act, will kLow tliat the Government, while pretonfHn(» fto
anxiety toproiuoto teuipofauco, have winiply been soekin)^ to Hti(>ii^tlifi)
theuiHelvos by controlling a powerful trade, and in their working ot
the Act have been utterly reganllcHH of temperance interests.

A few yearH ago there was a great revival in the temperance re-
form throughout the Province, and in the Hession of 1876-0 uh effect
was felt by petitions signed by tbouHands from ail parts of the Pro-
vince, being presented to the Legislature on the subject of tlio liquor
laws. Those petitions asked for thri<e things — liit, that the number of
licenses should he reduced to one per tifousand of prpuUition ; 2nd, that
saloon licenses should be abolished ; and 3rd, that no liquors should be
sold in shops where other goods were kej)t for sale. Forced by the
pressure then brought to bear to take the matter up, the Oovernment
introduced a bill ostousibly to meet the wishes of temperance people,
but how did they comply with their requests ? Not one of the three-
was granted ! The first was in some measure conceded by making the
limit in cities and towns one in four hundred of poi)ulation ; but both
the other requests were ignored, and when, on the third reading of the
bill, amendments were moved by members of the Opposition to carry
out the desire of the petitioners by abolishing saloon licenses and separ-
ating the sale of liquors from other articles, the Government refused
to allow them to pass. (JournaL, pp. 226, 227.) But always eager to
grasp power to be used for their own advantage, here was another op-
portunity, and they seized it. Knowing that there was an honest tem-
perance sentiment in the community, which in its eagerness to abate
the evils flovdng from drink was willing to try any change which pro-
mised relief, they adroitly took advantage of it to introduce a change
vrhich the temperance people had not asked for, by taking control of
the whole liquor traffic in their own hands ; and forthwith we had the
spectacle of men, not one of whom had ever hitherto been known to
take part in temperance movements, suddenly posing as the cham-
pions of temperance ! How hypocritical their pretence has been, let
the record show. If proof were wanting that the pretence of advan-
cing the interests of temperance was simply a sham, it was manifested
by the way in which they put the Act into force : liquor dealers and
those interested in the liquor traffic being in several instances appointed as
License Gommissioners and Inspectors. A notorious instance of this was
given at Thunder Bay, where two of the Commissioners were the most
extensive liquor dealers in the district, while the Inspector also sold
liquor I And notwithstanding the attention of the Government being
directed to the fact, they re-appointed the same Commissioners the
next year. They continued this kind of appointments till in the ses-
sion of 1877 the Opposition forced an amendment to the law, prevent-
ing liquor dealers or those owning premises in which liquors were sold
?>•■•>. bnintr Commissioners or Inspectors. (Journals 1877, p. 186.)

(,•

One of the great advantages claimed for the Crooks Act was thai
U would largely reduce the number of liconHes, and by kef plug them
4own, aiivauce the cause of teniporance and sobriety. How lias it ful
filled that anticipation in its prac^.ical working ? In 1874 thu create '
nmuber of liceuueH ever isHued iu the Province was reached, heitm 0,185 '
bnt the revival of the tumporauce reform which set in about that
time reduced thom in 1875 to 5,818 (License Report 1881-2, p. 16), or a
reduction of 367 in one year, and doubtless had there been no change
in the law the growing tempera) vce sentiment would have continued to
efiTeot a reduction. But the stal ntory reduction which the pressure of
pnblio opinion compelled the Ooverpmont to make in the Crooks Aot
effected a reduction in 1876 to 8,038, and next year (when those statut-
ory reductions came into full force), to 8,676. Since that time, however,
the Commissioners appointed by the Government, instead of keeping
down the number of licenses, have gone on stetulily increasing them year
hy year. Here are the figures as taken from pagi ^ 5 of the last License
Report: \

1877 .. 8,676

1878 8 716

1879 4,020

., ; „! 1HS0 4,049 ^

>,; 1881 4,188 i

Increasing the number of licenses 457 in four years is surely a new
way of advancing temperance i

Another test very generally applied as to the effect of the laws in
force for restraining drunkenness, is to be found in the number of com-
mitments for drunkenness to the gaols of the Province. Taking the
fignres from the annual gaol reports, we find that for the seven years
previous to the Crooks Act the commitments were as follows :

1869 1,798

''''7' 1870 2.268

■'*' ■ ■ 1871 2,194

" ' 1872 2,616

1873 8,197

1874 8,870 I

ub.t. jg,yg gggg ;

•'■' '^"While for the seven years under the Crooks Act they have been :
' 1876 8,868

1877 4,082

1878 8,786

1879 8,581

1880 8,795

1881 8,828

' 1882 8.497

It will thus be seen that when the Crooks Act came into force there
was a considerable incieaiso over any year under the old Act.

Commitments for seven years under the old law 19,095

Commitments for Bewm years under Crooks Act 25,886

Increase under Crooks Act 6,791.

INCKEASED COST.

An enormous increase has been made in the cost of eiiforcing the
law, the following sums having been paid for annual expenses since
the Crooks Act came into force :

1876-7 $46,097

1877-8 46,547

1878-9 46,717

1879-80 46,417

1880-1 46,449

1881 - 2 46,796

or (f'>er ttco hundred and seventy-eight thousand dollars in the six year$
pocketed by the political inspectors, etc. If there was a really
effective enforcement of the law no one would begrudge smy reasonable
expense in doing it. But what are the facts ? The inspectors iu the
different ridings get from $450 to $900 per annum as reward for being
active politicians, and they keep on with their ordinary business the
same as before, the actual work in many instances in connection with
their duties as inspector not amounting to more than three or four
weeks in the year, while it is notorious that violations of the law are
permitted to go on almost in their presence without any notice being
taken of them. The Provincial Secretary himself bears testimony to
this, for, after the subject had been brought so prominently before the
public, by discussion in the press and otherwise that it could no longer
be ignored, he issued a circular to inspectors last fall, stating that he
was informed many of them did not consider it their duty to prosecute
violations of the law unless complaints were made to them, and in-
structing them that it was their duty to prosecute on their own account,
without waiting for specific complaints to be lodged with them.

Besides this expensive enforcement (or rather non-eniorcement)t
the municipahties have also had taken from them the amount of the
fines collected by officers, which under the old law went to them.
These sums have amounted to : —

1876-7 $ 29,910

1877-8 24,142

1878-9 20,086

1879-80 18,«13

1880-1 18,987

1881-2 17,301

$180,989

Or over a hundred and thirtj thousand dollars taken from the monici-
palities under this head in the six years. In addition to this, the
Oovernment have been taking a much larger sum out of the license
fund than they would have been entitled to under the Act of 1868, by
which the Government was only to get a fixed minimum sum for each
license, and all over that went to the municipalities. In 1881-2 alone
they took $36,058 from the municipalities under this head. (License
Report, p. 103.) But it is contended by many that, as the munici-
palities have to bear the great burden of the expenses entailed by drink,
the whole of the license fund (except the small sum that would be
sufficient to pay the expenses of the License Branch of the Provincial
Secretary's office,) should go to them, and this is the declared policy of
the Opposition. In the six years the Government have drawn the
• following sums from this source : — '^ ^*''' ' '

1876-7 $ 79,589 ^"

1877-8 78,784

1878 9 A 75,213

1879-80 87,198

1880-1 89,207

1881-2 91,948

"' '"'■ »601,939

Or over half a million dollars which would go to the municipalities

under the scheme proposed by the Opposition.

'• . <.v

PARTIZAN ADMINISTRATION.

"[ But the great objection to the law as it at present stands is its
partizan administration — that the Government of the day have taken
control of this important interest, and by their partizan Commissioners
and Inspectors have made a law which, if properly vf orked, would have
a good effecc, simply a huge eloctionoering machine in the hands of the
Administration. When the Crooks Act was introduced, great profes-
Bions were made that its working would be kept free from politics ;
that both parties would be consulted, and Commissioners appointed
from both sides. But how was this promise fulfilled? Here and
there, as an exception to the prevailing rule, a Conservative was
appointed a Commissioner, but throughout the Province the Commis-
sioners appointed were the most active partizans of the Government,
and out of over 230 Commissioners, only 23 Conservatives were
appointed, notwithstanding the promise given by the Government
that the Commissioners would be fairly chosen from both political
parties, and in open violation of the- solemn declaration of the Premier,
every Member of the Oovernment appointed Reform Commissioners only ;
while every one of the Inspectors was of the same class. When tak g
to task for violating this promir Mr. Mowat tried to excuse himself

by insulting the whole body of temperance Conservatives th oughoa ,
the Province, and declaring that they could not be trusted to enforce-
the law ! Here is his language, as reported in the Globe, December-
16th, 1882 :—

" Mr. Meredith asked why the commissioners had not been selected
from the adherents of members on both sides of the House, as had been^
promised ?

"Mr. Mowat said he did not know that any such promise had been
made, but it had been tried to work the Act in the way his hon. friend
had suggested, and it had been found that their experience agreed with
all previous experiences, that it w(is iinpossible to carry out Government
Acts nave by the friends of the Government. It had been found by actual,
trial that the Conservative members of the commissions had in many
cases only obstructed tho carrying out of the law instead of enforcing
it, and only in these cases they been had removed."

If the object had been honestly to administer the law in the interest
of temperance and morality, surely no one believes that honest temper-
ance men could not have been found in every constituency amongst
Conservatives, who would have assisted in a faithful endeavor to enforce
the law ! But when the Act was to be worked as a i^arty machine, of
course it would uot do to have Conservatives on the Boards. An at-
tempt has been made to show that the Act has not been worked iu party
interests, because a majority of those to whom licenses have beeu given ,
are Conservatives ; but it must not be lost sight of that there is more ^
volitiofd advantiuje to he gaJned by keeping them under the power of Inspectors
and Commissioners than by depriving them of licences. In the latter case
they are made more bitter against the Government, and are free to ex-
ercise their influence ; while in the former they are to a great extent at
the mercy of the Inspectors and Commissioners, and are made to feel
that it will be to taeir interest either to be quiet iu elections or vote
with the Government. That this is the way in which the Act has been
worked throughout the country is notorious. The effect of this partizan
administration has been to make discord and division amongst. ..
temperance men who had hitherto worked unitedly, thus greatly mar-
ring their efforts. Temperance Conservatives are certainly as much ^
interested in enforcing license laws as Reformers, and under ordinary ,
circumstances would lend their assistance ; but now they are practic-
ally told to stand aside, their assistance is not wanted, for the License
Act is a party machine, and must be worked by the partizans of the
Government. ^

OPINIONS OF TEMPERANCE MEN. '

The London Advertiser, one of the leading organs of the Mowat '•
Government, in order to get evidence in favour of the Crooks Act»
issued a circular sohciting opinions on the Act, and asking particularly
whether it would be wise to return to the old system. Here are a few *''
of the answers received from well known men : — •'''

;.1i|..

Mr. W. H. Howland, Toronto, says :—

'• The only amendment I would propose is one which can scarcely
be weeded in an Act, viz., That the commissioners should he as good as the
Act. This can never be as long as active politicians are appointed as
commissioners, no matter what their politics may be."

Rev. Mr, McKay, Woodstock, says :—

•• I would like to see the duties of inspectors more clearly defined, ani
more stringent provisions made for the enforcement of the law."

Rev. Manley Eanson, Brantford, says : —
" No ; but would like to see greater care shown in the selecting oj
license commissioners. They should be men of undoubted integrity."

• Rev. W. D. Hunter says : —

No, never. But license commissioners should be selected, as nearly
as may be, evenly from both political parties."
Rev. Dr. Sanderson says : —

" The license commissioners should not be appointed for political
party purposes, and a change, without introducing corresponding evils;
would undoubtedly be an improvement."

Mr. D. B. Chisholm, President of the Ontario branch of the

Dominion Alliance, says, among many suggestions for the improve*

ment of the Act : —

" I find fi»alt with the administration of the Crooks Act in the
following particulars :

" (a) The license inspector is appointed without any consideration
as to his fitness for the position, but for party reasons.

" (b) The commissioners must of necessity in this city be Reform-
ers. This is wrong, and it is bad for the Go'^rnment, as it gives
Conservatives a chance to find fault. They are now open to suspicion,
whereas if they would appoint one Conservative out of the three, it
would avoid that. I am not prepared to say that in this city the com- ' 'i
missioners used their office for the benefit of their party, but I do
know this, that certain persons were refused licenses on the first of
May last ; that thepe persons were given three months to sell out their
stock ; that the license commissioners (or the chairman of them)
assured me that these men would not get their licenses ; that the
elections came on in the meantime, and these persons received
licenses. This provision could not, of course, be embodied in an Act,
but it would be wise if the Gove; ament would avert this cause for
suspicion. I have to find fault with the way the law is enforced in
tliis city, and there should be more provision made lor its enforce-
ment. In South Wentworth, too, there is a shockingly open violation
of the Act on Sundays at Burlington Beach. The thing is too lax, too
loose, and it ought to be severely overhauled."

These are not the opinions of political partizans, but of men who '\

are known throughout the Province to be honestly desirous of seeing

the License Law put on an effective footing, and their views should be

heeded by all candid men. They every one propose substantially what is

the policy of the Opposition — that the license question should be rer""

party politics.

■?>

\7V

14
THE OPPOSITION PLATFORM.

The Government and their supporters, knowing that the poUtical
feature of the Crooks Act will i|bt bear scrutiny, try to draw off atten-
tion from it by persistently mistepresenting the position of the Opposi- .
tion, and declaring that they ar6 in favor of removing restrictions from
the Uguot traffic. Ther^ is not the slightest foundation for such a*
statement. No member^ thQ Opposition, and no one who is in any
way authorized to speajc for ,tfh0 party have ever declared such an i:u-
tention. On the contrary, Mr, Meredith and others have over and over
again declared that they do not seek to remove any of the restrictions;
but •nly to take out of the Jumds of the Government of the day the
power of using the License Act as a political weapon and by removing
it from party politics make the law vu)re elective. Here is their plat'
form as laid down by the amendment moved by Mr. Meredith in th«
House on Jan. 24th : —

" This House, while recognising the necessity of maintaining the
other provisions of the existing liquor license laws, and of strictly main-
taining them, is of opinion that it is not in the pubUc interest, or cal-
culated to promote the cause of temperance, to continue the mode of
appointing boards of license commissioners and license inspectors now
in force. It is further of opinion that these boards should, in order to
remove them as far as possible from the influences of political partisan-
ship, be appointed in counties by the County Councils, and in cities
and towns separate from counties by the Councils thereof, and that the
power of appointing one or more license inspectors in each hc3nse dis-
trict should be vested in the board ; and this house regrets that Jegis-
lation providing for this change in the law, and for handing over to the
municipalities the whole of the license fees except a sum sufficient to
pay the expenses of the License Branch of the Department of the Pro-
, ' '^ vincial Secretary, has not been proposed for its consideration, by the >
advisers of his Honour fbe Lieutenant-Governor."

Is not this just what every fair-minded man who desufes an effec-
tive license law would like to see done ? Retain every restriction on the ,.
traffic — every feature of an Act which is beneficial — but remove it from ;
party poUtics by appointing non-partisan commissioners and inspectors. >
And is not the method proposed — giving the appointments to County
Councils, who fairly represent every interest in the county — about the
fairest that could be proposed for attaining that end ? When thia r
amendment came before the House the Commissioner of PubUo Works, <
who repUed, talked on everything else connected with the license ques-
tion, but had not a word to say on the proposal made. The only Govern-
ment member who found courage to express an opinion was Mr. ,
Graham, who coolly argued that the proposed change would not work !
as well as the present law, because under it he appointed the Commission
ers for East ' Lambton ! Modest man I who tells the House that a
tlie assembled Reeves of his county, who are sent by the people of the i
different townships to deUberate on their affairs, cannot be toasted to >ii

make proper appointments; but that he, forsooth is the embodi-
ment of wisdom and impartiality, and ought to make them I Bnt
what Mr. Graham in his bluntness blurted out is in reality the posi-
tion taken by all who uphold the present system of political appoinfc-
ments in preference to appointments by County Councils. The
question is whether the County Councils composed of Beeves aod
Deputies from all p^rts of the the county, and of both political partdes,
who will deliberate on the question and openly discuss the suitability
of the names suggested, shall make the appointments irrespective of
party; or whether the member of the county, or the defeated candi-
date, as the case may be, who has friends to conciliate or enemies to
pimish, shall have sole control, and appoint his own political partisans?
Can any man who honestly wishes to see the law properly administered,
doubt that the Clp^nty Pouncils are the better parties to whom to en-
Irust this power? rT*/ •,^^T

The is8.ue is squarely drawn— the Government desire by retaining
the power of appointing partisan Commissioners and Inspectors t»
keep the License Act as a party machine, and thereby continne W mar
its successful working ; while the Opposition, without in the least re-
laxing any of the restrictions, desire to remove the blot on the system,
by at once and forever separating the administration of the law from
party politics. Let the electors honestly say which system would be
best.

'.ilfc.fi/tq rtiw- fl-Jiv/ ,do;r' •'■('■if 'i -.f''- .t; ' ;i,(- -..tiv'iof^s tj'jfcto- (tvati iti.um Siulu a

R*^"v JcoataiwToy ^':)krfroK .1;-'.' rn-t ijujv-iiujj Jo «>id*H{ ads ui^XA i'.},^
llsvi •!rj2t tiij\r?A Ji(.'i:>-^i! Um* <■!. -i ,'L8,:6v<.'iUi ,• ' 'y.tuiU'a

.TA'JAi : -■•/■ i ■

:fjfv/ ■ it \'i -.'^^tnoicti edi id'

■jV. J'l i'liiU'.:: -ill .Vfe-ft ■■■M

A fH'i ..ij UtV-'' ii 1*-''>''5 ''>-'•• "■^'^ Mtl^ ^fff .%>Ti*fC^ ofCU i'f.

SHAMELESS ' VSSTE

PUBLIC MONEY.

•A

One of the most serious crimes against pablio economy and de
oency ever committed by any Ministers of a British colony was that
committed by Mr. Mowat's Ministry, in what is now known as the
*' Corkscrew " Trip to the North-West. This affair has been treated
with a certain amount of levity which has had the effect of lessening
its shamelessness and cheoking the flow of public condemnation with
which it should be visited. The people whose money was thus wasted
are not a wealthy people, many of them at times feel the hand of
poverty. Their real feeling about so disgraceful a waste of pnblio
money has yet to be revealed. Many of them are men of strong tern-
prance principles. These will, if there be among them that honesty
if purpose which all attribute to them, visit the shameless indulgencei
n what must have been riotous and unsober conduct, with due punish-
ment — with proper condemnation. Many of them were, and, perhapsi
etill are in the habit of thinking that Mr. Mowat's Government was
honorable and, above all, respectable and dignified. Such men will
not fail to visit on Mr. Mowat and his Cabinet the punishment, due t«
proved hypocrisy. The improper and illegal waste of public money in
these unwarranted festivities was begun previous to the last electionSi

A PRELIMINAEY JAUNT.

In the summer of 1878, Mr. Langmuir, Inspector of Prisons, with
Mr. Hardy (who was acting as Minister of Public Works), started on a
trip to Thunder Bay, intending to select the sites of some lock-ups on
the way. His Honor Lieutenant-Governor Macdonald went along with
his aide-de-camp, no doubt to help in the selection, while Provincial
Treasurer Wood accompanied them to watch proceedings ; and as th«
Province was going to pay for it, they invited a couple of friends to
make up the party. The trip was one over a well known route, on a
comfortable steamboat furnishing all necessary accommodation, and hnn-
dreds make it annually without finding it necessary to lay in any spedal
*' supplies" before starting ; but as there was supposed to be a large

• 17

snrplaa jn baud, they thought they might as well take precautionary
measures, ordering, before starting, a good stock of supplies, of which
the following is a sample, the official particulars being found at page
18, appendix 2, journals of 1880 :—

Toronto, 81st July, 1878.
Department of Public Works.

Bought of Fulton, Miohie A; Co., Grocers, Wine and Spirit Mer-
chants, 7 King Street Wost :—

2 Cases, Louis Roederer Champagne, at $25 050 00

1 Case, Sparkling Saumnr 12 00

1 " Beaune 10 00

1 " Extra Old Rye 6 00

2 Bottles P. Cognac, at $1.20 2 40

i Dozen Sherry, at $14 7 00

1 Bottle Port 1 20

2 Flasks Hollands, at 75c 1 50

3 Dozen Apollinaris, at $2.25 6 76

100 Cigars "H. Clay Reg. Americana" 10 00

100 " "ResolucionLondres" 5 50

i Parson's Stilton, 6^ lbs., at 85c 2 28

1 Tin 40 R. Water Biscuits, 7J lbs., at 15o 1 56

1 " Soda Biscuits, 7 lbs., at 10c 1 10

1 Tin Cut Tobacco 1 50

2 Packages •• 40

$119 18
vAugust Ist, 1 Case " St. Estephe" Claret 11 00

$130 18
(9 cases, 2 tins: 11 pieces, to Northern Railway, care of Mr.
Harvey.)

" THE CORKSCREW TRIP.

What they did on the way, or how the Cognac and Old Rye helped in
the selection of the sites, history does not record. It was a quiet little
holiday excursion, costing the Province $546, and very little was heard
of it at the time. But finding that that jaunt at the public expense
passed by unnoticed, and having got the elections safely over next
year, they resolved on making a tour on a more extended scale, and
with more elaborate preparations. The party on this occasion was got
np by Mr. Treasurer Wood, and consisted of himself and son, Lieu-
tenant-Governor Macdonald and his son, the Inspector of Prisons, the
Clerk of the House, Mr. D. D. Hay, M. P. P., a " Globe" reporter to
chronicle their doings, and four or five invited friends to make up the
party. Nearly all were drawing large salaries, and if they wanted a
holiday trip they had a right to take it (at their own expense). But
the Provincial Treasurer had the surplus to draw upon, and why
shouldn't they make the Province pay? And they did, to the extent of
1^6,466 (Pub. Ace, 1879, p. 166). Page after page of the Journals (88 to
•48 inolnsive, of AppenOix 2), is taken up in giving details of the sap-

. ......,^..,.rx,. - ... ..,.-■

plies they laid in and bills they incnrred, but this will do for a sample
of.tbeir preparations before starting : —

July 16.2, J- Berwick & Co., —

4 doz. Baum Claret at «12.00, $48.00 ; 6 rx^'i.a

i..;u iii,.j. i doz. Whiskey, at $4.60, $27.00 $76 00

1 Case L. K. Champagne, Pints 29 00

6 doz. Bass', qts., at $2.75, $16.60 ; 2 8(,fe«!) t?
doz. Ale, at $1.00, $2.00; Bottles, ' ' '

50c., $1.00 19 60

fjy « 8 Bottles Angostura, at 90c., $2.70 ; 6 • |

f' ': lbs. Tea, at 80e., $4.80 ; 6 lbs. Coffee,

;'X i • ■ at 40c., $2.40 9 90

1 doz. Milk, $3.50 ; 1 doz. Coffee, $8.76;
25 lbs. Sugar, at 10c., $2.50; Matches,

30c 10 05

f^ , ,j 2 Cheese, 18 lbs., at 16c., $2.88 ; 1 doz.

■^■. J boxes Sardines, $4.50 7 88

fiti- o 2 Bags Salt, 40c.; 4 doz. Soda, at $1.05,

^, " »4.20; and bottles 4 60

l\l 2 doz. Seltzer, at $1.25, $2.50 ; 5 lbs.

'^t r cut Tobacco, at $1.25, $6.25 8 75

^14 , 'J 6 Cork screws, $1.50; 1 doz. Pickles, $3 4 60

2 Bottles Salt, 85c.; 8 bottles Vinegar,

$1.13 ; 2 bottles Mustard, $1 2 48

4 Curry Paste, at 36c., $1.40; Mush- iii' i-
_,, '_ room, 40c.; Anchovy, $1.10 2 90

t i ,Y _ 2 Harvey, 60c.; 2 Worcester, $1.30 1 90

^' (. iiv 10 ^bs. Wax candles, at 30c 8 00

1 doz. Marmalade, $8.26 ; 48 lbs. Corn ,(

Beef,$U 14 26

20 lbs. Tongue, at 28c., $6.60 ; 10 lbs.

>■ I ><^{'i{ » Ham and Chicken, $2.60 8 10

I ' 22 lbs. Bacon, ia,t 18o.; 88 lbs. Ham, at

13c 7 80 J ..(

5 doz. Lemons, at 40c., $2 ; 30 lbs. Bis-

,.-K:^'f ) cuit, at 10c., $8..... 5 00 -"^ '=

.;?);! T!>- 1 Crock, 60c.; 86 lbs. Butter, at 16c., fvo^'.»A.

ij,, :t;)R $6.25 5 75 .0,

d -.. ;, ■/, „, 2 doz. Apollonaris Water, at $2, $4 ; 2 .; ,

■ ^.:: ' bottles Lime Juice, 80c 4 80

virml .it<« 4 ^,o5jgg Herrings, at 40c., $1.60 ; 2 doz. ''^

Urt{r..nt^^«ii*< 1 Toilet Soap, at 87^0., $1.76 8 86 ' ' '

tv ' 4 boxes Cigars, at $9, $86; 2 doz. Henry

Clays, at $7.50, $16 61 00

1 doz. Bath towels, $5 ; 6 bottles Port,

$6 ; 6 bottles Brandy, $8.50 19 60

lira .(o«i I doz. Tins Soup, at $6.50, $8.25; 1 doz. ■'•' *

tins Mook Turtle, $7 , 10 25 -ai

i doz. Tins Ox Tail, at $7, $8.50; ^ doz. , . .^ao^f!

i Mulligatawney, at $6.50, $8.25 6 76 ( r^-|^,(i^

2 Bottles Cayenne, 60c.; Pepper, 40c.; ' , ^.^
Onions, $1. !.:.... 1 90 «^''«* ^^

Carried forward

Brought forward

July 15 ^rdine opener, 50c.; Axe, 50c.; Screws

and screw driver, 75c.; 4 Tongues,

I ! 01.80 3 66

20 Boxes, at $1, $20; 7 boxes, 50c., $8.50;

Straw, Rope, &c., $3 26 50

July 23. 1 Box Henry Clay Cigars, at $4.50 4 60

8 Boxes Solace Tobacco, 154^ lbs. at
«jd j 48o 74 16

•f<-:«(^

OJ 1?8»

201 46

• Omitted Potatoes 2 00

•'>j ;• . ■

!^' r $203 46

MORE WINE AND SUNDRIES. ■?'

Notwithstanding the quantity they laid in at the start, the " sup-
plies" seem to have been exhausted by the time they got to Winnipeg,
for the " sundries," with supplemental cigars and wine after, foot up
heavily in the hotel bill there : —

WiNNiPBO, Man., August 7th, 1879.
CoL. GiLLMOR, per J. W. Lanomuir, Esq., —
To Canadian Pacific Hotels Dr.

Aug. 7th. — To Three days' board of nine persons @ $2

per day $54 00

•* Three days' board of two persons until

Friday 12 00

•• •« Extra meals 4 00

♦• . ^ •« Washing of party 10 00 ,

•* ' " Cash to cabman 8 50

♦» «« Team to station coming in 5 00

08^, '• Team to Penitentiary 8 00

^fc ; i •• One single rig to McDonald and

.>;♦:• Bethune 2 50

•<♦ " Sundries of party 27 50

- J $131 50

#B ii ti " One box cigars.. ......\ 7 60

'*«., ,i^ " One bottle wine after 4 00 •;

*<^ ' " Baggage from station and ferryage 2 60 ii

W^*^^^ "•• Baggage to boat 2 00

' {*!!*■!>«» ,vi' 147 50

Paid. .. ,

vilHi, . . (Signed) F. J. Havertt

THEATRE TICKETS AND BRANDY.

AA Chicago they neglected to have particulars covered up by
*•• sundries," and we have some of the items in detail : —

The Grand Pacific Hotbl,

Chicago, August 12, 1879.
Messrs. Wood, —

To John B. Drake 6f Co., Dr.

To board, two and a half days, two persons.. 920 00

" Cigars, 50c., $4 4 60

" Wine, $6 ; 6 00

" W^ash, »8.70 8 70

" Livery, $4 4 00

•• Bar, 20c., 20c., and 50o 90

Mr. J. W. Langmuir, —

To Board, two and a half days 10 00

" Wash 1 10

Lieut. -Col. Gillmor, —

To Board, two and a half days, Thorburn.... 10 00

" " " Herriman... 10 00

" Washing 2 00

" Board, Messrs. Wood 39 10

" " Messrs. Langmuir 11 10

989 la

11 10

72 20

Board, two and a half days 10 00

Ale, $2.80 2 80

Wine, $1.75, $6.70, $1.50, $1.75, $6, $4.... 21 70 n'-''

Hack, $4, $3 7 00

C. W., 70c 70

Brandy, $4 4 00

Theatre tickets, $7.50 7 50

Bar, 80c 80

McLean's account 6 00

Hayes' account 6 00

65 50

.;; Paid.
,, ,. (Signed), Newton.

VISITS TO THE BAR.

Four dollars and a half for cigars in two and a half days, it must
be admitted, is a liberal allowance for two persons, even if one is a
Provincial Treasurer. The incessant smoking must have had its usual
effect of rendering them thirsty ; for notwithstanding the wine, ale and
brandy, which figure so plentifully in the list, this was not enough for
the Treasurer, who had to supplement them by sundry visits to the
bar. It would naturally be thought that, having made the Province
pay for his fare, his board bill and other expenses, when he wanted to
indulge in a drink at the bar he would surely pay it out of his own
pocket — but no, he calls his friends up to drink and tells the bar -keeper
to charge it to the Province of Ontario ! That Chicago bar-keeper must
have formed an exalted opinion of Ontario Ministers, and their way of
doing business, when they could charge a private bar account against,

the Province. Then the party went off to the theatre in the evenuig,.
charging their tickets to the public expenHe ! And so on through the
list. Wliat do the electors think of this ? Do they approve of mem-
bers of the Government, with their friends, going on a revel at the
public expense ? Apart altogether from the drinking character of the
expedition, the trip was one wholly unjustifiable. There was no public
object to be gained, and no excuse for it whatever. If gentlemen
drawing large salaries from the public wanted to have a trip during
the holidays, it would have been honest and honorable to have taken
it at their own expense — it was simply an attempt to rob the Province,
to take it at the public expense.

Taking Refuge Behind the Lieutenant-
Governor. /.;v.

When the expedition of the Corkscrew Brigade was dragged to ■
light by the Public Accounts Committee and came up for discussion in
the House, the Ministry took the most extraordinary course to ward off
censure that has ever been known in any British assembly. They
actually got the Lieutenant-Governor to write a letter, which was read
to the House, taking the responsibility of the trip, and enclosing hia
cheque for $350, to refund the amount spent in liquor. Was ever such
cowardice seen before in a Government commanding such a majority
in the House ? Afraid to take the responsibility of what they had
done, and meanly calUng upon the Lieutenant-Governor to violate con-
stitutional rules and save them from censure. Those who know any-
thing of the rules which govern Parliamentary proceedings in the
British Empire are aware that it is a gross violation of the indepeud- li
ence of Parliament for Her Majesty, or her representative, to interfere-*^
personally to influence the House in any matter before it ; but it may
not be amiss to quote from the standard authority, May's " Parlia-
mentary Practice" (pp, 331-2), to show how strongly this is insisted
on : —

" The irregular use of the Queen's name to influence a decision of
the House is unconstitutional in principle, and inconsistent with the
independence of Parliament. Where the Crown has a distinct interest
in a measure there is an authorized mode of communicating Her
Majesty's recommendation or consent, through one of her ministers ;,

but Her Majesty cannot bo Bupnosod to have a private opinion, apart
from that of hor reHponsiblo aariRers ; and any attempt to uho her
name in dubato, to iniluonco the judgment of Parliament, would be
immediately chocked and censured.

" Ou tlio 12th November, 1040, it was moved that some course
might be taken for preventing the inconvenience of His Majesty being
informed of anything that is in agitation in this House l>efore it is
determined. In the remonstrance of the Lords and Commons to
Charles I., ICth December, 1041, it was declared ;

" ' Thut is their ancient and undoubted right and privilege that
Your Majesty ought not to take notice of any matter in agitation or
debate in either of the Houses of Parliament, but by their information
or agreement; and that Your Majesty ought not to propound any con-
dition, provision or limitation to any bill or act in debate or prepara-
tion in either House of Parliament, or to manifest or declare your
consent or dissent, approbation or dislike, of the same, before it be
presented to Your Majesty in due course of Parliament,' etc.

"On the 17th December, 1873, the Commons resolved, '
" ' That it is now necessary to declare, that to report any opinion or
pretended opinion of His Majesty, upon any bill or other proceeding
depending in either House of Parliament, with a view to induonce the
votes of the members, is a high crime and misdemeanor, derogatory
to the honor of the Crown, a broach of the fundamental privileges of
Parliament, and subversive of the constitution of this country.' "

VIOLATING CONSTITUTIONAL RULE.

In the face of this authority one would think that no Premier,
having the slightest regard for Constitutional rule, would permit such
a violation of it ; and that nr House, neving a regard for its privileges,
would tolerate it. But what cared Mr. Mowat for the Constitution
when, by violating it, he saw a chance of wiggling out of a difficulty ;
and what cared his followers if they but got an opening to whitewash
the Government I The letter having been read, they put up one of
their followers to move an amendment in going into Committee of
Supply, as follows (Journals, 1880, p. 135) ; — ; ,, . ,i„;...i,»

Mr. WiDDiFiELD moved in amendment, seconded by Mr, Strikbb,

That the following words be added to the main motion — "And this
House, desiring to comply with the expressed wish of His Honor the
Lieutenant-Governor in that behalf, directs the Committee of Supply
to reduce the proposed item of $6,571.22, for the payment re visit of
His Honor to the North West, &c., by the sum of three hundred and
fifty dollars, which last-mentioned sum appears to be more than suffi-
cient to cover any of the said expenses that might be considered
personal."

And the following members voted to condone the whole affair on
payment of $350 by the Lieutenant-Governor : —

;rx,i.

:/tlid'.

Mrssibubs

Applebj,

Gibson (Ilaron),

Awrey,

GibHon (Hamilton),

Badfijerow,

Graham,

Balluntyne,

Harcourt,

Baxter,

Hardy,

Biuiiop,

Hawley,

Blezard,

Hay,

Bonfteld,

Hunter,

Caldwell,

Laidlaw,

Caacadeu,

LivingHton,

ChiHholm,

Lyon,

Crooks,

McCraney,

Derochc,

McKim, 1 .1

Dryden, .iw

McLaughlin, im^.T

Ferris, ,v*ii

McMahon,

Field,

Mack,

Fraaer,

Miller,

Freeman,

Mowat, ,iini'.i.:i. i.

Murray, „^

Nairn,

Neolon,

Pardee,

Patterson,

Paxton,

Peck,

Robinson (Gardwoll),

Robinson (Kent),

Robertson (Halton),

Ross,

Sinclair

Springf ■

Strikci

Waters,

Watterworth,

Widdifleld,

Wood— 54.

,!.'. PUTTING IT SQUARELY.

The fact . ' £i'< Honor, with a high-handed disregard of constitn-
tional rule, saying that he would take the responsibility and refunding
part of the amount, does not reUeve the Ministry from blame — it but
emphasises their wrong-doing. It was as if the Lieutenant-Governor
had said to the House : " The Ministry did wrong ; but don't censure
them, and I'll refund the amount of the whiskey bill 1" That did not
alter the fact that the Government had paid the money six or seven
months before, and there was no intention to refund any of it till it
was dragged to light in the House. If His Honor and the Ministry
thought they ought to pay for their whiskey bills themselves, would it
not have been more honorable in them to have done so at the time, in-
stead of paying them out of Provincial funds, and trying to smuggle it
through till forced by the exr»osnr« of the Opposition to do something ?
But the mere refunding of $350 did not square the n^s^tter, for not one
dollar of the trip should have been paid by the Province, and Mr.
Meredith took occasion to put the matter squarely before the House
by an amendment to an item in the estimates. He moved (Journals
l^SO, p. 138), seconded by Mr. Morris,

That the following words be added to the proposed amendment,
" and this House, while prepared to assent to all reasonable appro-
priations for this service, docs not approve, of the practice of expending
the public moneys of the Province for the purposes for which the sum
of #5,456.22, as part of the item of $5, 571.22, appearing in the Public
Accounts, under the head of ' Expenses re Visit of His Honor the
Lieutenant-Governor to the North- West, etc.,' was expended, and is
of opinion that the expenditure of the said sum, without the authority
of this House, for the purposes for which, and in the circumstances
under which the same was expended, was xmwarranted and unjusti-
fiable."

WHITEWASHING THE GOVERNMENT.

Bnt the subservient majority in the House were bound to white

wash the Government, and the following members voted the amend*

ment down : —

Messieubs

Appleby, Gibson (Huron),

Awrey, Gibson (Hamilton),

Badgerow, Graham,

Ballantyne, Harcourt,

Baxter, Hardy,

Bishop, Hawley,

Blezard, Hay,

Bonfield, Hunter,

Caldwell, Livingston,

Oascaden, Lyon,

Chishclm, McCraney,

Crooks, McKim,

Deroche, McLaughlin,

Dryden, McMahon,

Ferris, Mack,

Field, MiUer,

Eraser, Mowat,

Freeman, Nairn,

What do the electors think of the Government which is respon-
sible for this transaction, and of tihe members who sanction it by their
votes ? Already one of the principal actors has been condemned by
an indignant electorate. Ex-Lieutenant Governor Macdonald in June
last appealed to his old constituency of Glengarry, where he was in the
habit of being elected by hundreds of a majority ; but the electors told
him in unmistakable terms that they h& j^one with him. It is now
for the people to deal with the Ministry, who are the greater offenders,
«Qd with the members who supported them in the affair.

Neelon,

Pardee,

Patterson,

Paxton,

Peck,

Robinson (Gardwell),

Robinson (Kent),

Robertson (Halton),

Ross,

Sinclair,

Springer, ''

Striker, !

Waters, '

Watterworth,

Widdifield,

Wood,

Young. — 68.

< ,

.^V\ !^!^:>

MUTILATING A REPORT I

Scandalous Conduct of a Minister of the Crown

Deliberately cuts out paragraphs to suppress evidence that prosperity it

returning to the Province 1

One of the most disgraceful chapters ever brought to light in cob-
<neotion with the public affairs of the Province was when last session

the Hon. Mr. Hardy uxm vormioted of deliberately mutilating an Iminiy ra-
tion Report, in order to suppress references to the returning prosperity
of the Province. The Immigration agents throughout the Province are.
Bome of them Prcvincial and some Dominion officers, but make their
reports to both Governments, and they are published in both blue
books. Mr. John Smith, the Dominion Agent at Hamilton, had been
in the habit of making references in his reports to the state of trade in
the dist'-'"'''', as a subject intimately related to Immigration, and these
had been invariably published imtil the Ontario report for 1880
appeared, when it was discovered that the Provincial Secretary had
deliberately mutilated the report, cutting out from it and suppressing^
evfvy paragraph referring to the revival of business ! Here is one of the
paragraphs suppressed : —

" During the past year great improvements have taken place in
this district in all branches of manufactures. Public confidence being
restored, with a succedsion of good crops, has had a tendency t&
develop a general feeling of activity in all branches of industry,
causing works that have been, closed for years to be re-opened, capital
being furnished by joint-stock companies, private individuals and
nrms. New manufactories have been built and old ones enlarged to
meet the growing demands made upon the manufacturers, and the
increased puxchasing power of the consumers. Two new cotton milla
have been erected and put into operation during the current year, and
others are being projected. Woollen mills and hosiery factories are
also being established, those already in operation not being ready to-
keep pace with the growing demand made upon them. All classes of
manufactures are participaung in the general prosperity, thereby
giving increased and steady employment to all classes of mechanics,
artizans, operatives and laborers, at remunerative and increasing
wages."

And here is another : —

" The general business of the district shows a large increase in all
branches of trade, both of exports and imports ; the wholesale-
merchants have been prompt in their payments, and habilitias have
been greatly reduced, whilst the country merchants have met their
payments more satisfactorily than for some time past, and th»
retailers have been fairly prosperous, doing a larger and more satis-
factory business. Failures have been fewer, confidence with traders
has been restored, and new houses have been established in the
various branches of business."

And then, again : —

" As an evidence of the increasing prosperity of the country, the
respective earnings of the different railways in the Dominion show a
large inci'ease, and although the through lines have participated in the
increased through foreign traffic, the local earnings of the Dominion
have increased in a much greater ratio, as will be seen by reference
to the last annual report of the Great Western Railway Company, nt
the general meeting of the shareholders, also by the report of t'ae
Directors of the Northern and North- Western Railway Companies,
which are of a purely local character. The securities of all the rail-
ways have been very mnch enhanced in valne since my last report, ami

the Great Western Railway Company, owing to the increased traffic and
rates of freight, combined with the low price of all railway sapplies,
both raw and manufactured, and the Tery low price of st-eam coal (dur-
ing the firHt two years) for locomotive ruomiug, have enabled the <u
' Directors to meet all their engagements, including the interest on the \q
bonded debt and preference stock of the railway, in addition to pro-
viding for the past due interest upon their preference stock, also pro-
viding for a small dividend upon the ordinary stock of the Company —
A desirable state of affairs that they have not been able to accomiilish wi
for years past. In this city more buildings have been erected than in tti
any previous year, and those of a public character are the most exten- ^
sivo and expensive that have been buiU for the past 20 years.". ^^ .

^_,, ,,^,, ANTIPATHY TO THE N. P. -sBq^i^

, , Electors will note that these paragraphs contain just the kind of '>^

i I information that should be given Lr connection with immigration — that "'

: I the knowledge that business was reviviiig, manufactories springing up, <tq

merchants prospering, and railways beginning to pay, was just what
would induce a desirable class of immigrants to cast in their lot with
us — but they are all suppressed. It would naturally be thought that a
Minister of the Crown would be the first to seize upon and publish to
the world anything tending to put his Province in a favorable Ught; .i
but the Provincial Secretary, sworn to look after the interests of ■' '
: Ontario, does not hesitate to mutilate a pubUc document in order to ' ^

'; suppress such information 1 When brought to book for it in the House,

'), Mr. Hardy unblushingly admitted it, and sought to justify himself on

\ the ground that these paragraphs would make a point in lavor of the ii/<

I National policy, and he was determined that nothing of the kind would "^>^'

appear I Here is from the Olobe (Jan. 20, 1882) when the matter was
brought up : —

" Mr. Hardy rose to explain, stating that the report was prepared <s i?
by a Dominion officer, and was full of semi-poUtical matter, inserted to
make a point in favor of the N. P. All maitt^r of this kind had been
:( i ficrucKouc. ^^ ^^.^ , _, _ ,; ,.j,^,^ ,..i.v; to ^'r'.: ima

1 I Even had these paragraphs been written by a Conservative officer, * ''

jt ^vould not have justified the Provincial Treasurer in suppressing^ !
tlicui ; but Mr. Hardy was denied the small satisfaction of such a con- ,^^
teution, for Mr. Smith was not a political friend of the present Dominion
Government, having been appointed by the Mackenzie Administration.
But he had invariably in his report referred to the state of trade, and
being a candid man, could not shut his eyes to what was going on
around him, wliich he fairly stated, certainly with no political bias
towards the Dominion Government. References to the state of trade
in his reports had always been published previously ; but as soon as
tlie National Policy came into force, Mr. Hardy prostituted his position

s an Ontario Minister to mutilate the report, for fear the National
Policy would get credit. What about the doctrine laid down by Mr.
Blake {Globe, Dec. 23, 1871), and subscribed to by the Reform Party
" that the Goveirnment of the Province ought not to assume a position
01 either alliance or hostility towards the Government of the Dominioa" ?
It is evident that that, with other Reform doctrines, has been trampled
upon by the Mowat Government; and they have set themselves not
only in hostility to the policy of the Dominion Government, but in
hostility to the people of Ontario, as expressed by them in overwhelm-
ing majority at the polls, not even hesitating to mutilate public docu-
ments in their attempt to thwart its operation. What do the people of
Ontario think of this transaction ? If mutilation is to be allowed when-
ever it suits the purpose of the Government, what security is there
that any other public document is safe in their hands ? Backed by
their subservient following in the House, Mr. Hardy and liis colleagues
were able to brazen it out when their scandalous conduct vras dragged
to light, but they have now to face the people, who will call them to
account for it.

THE SURPLUS— WHAT IS IT?

"X")

During the regitns of the Sandfield Macdonald Government and
down to 1874, when just comparisons began to tell against the Mowat
Government, the word " surplus" was invariably used to designate the
amount by which the gross receipts of the Province had exceeded its
exDenditure for all purposes down to the date of such statement.
Since then, however, there liave been dragged into all Ministerial state-
ments of the surplus the Trust Funds and certain other assets assigned
to us at Confederation, and more recently the advances made for
drainage purposes and premium on investments, obviously for the
purpose of evading a fair comparison between the financial manage-
ment of the present administration and the one that preceded it, and
with a view to misleading the people of the Province ' as to the true
position of their finances. With this explanation, lot us proceed
to treat of the "surplus " first, as representing the ai.iount by which
our gross revenue has exceeded our gross expenditure, and cecondly
as made up by the Mowat Government, leaving the character and
purposes of tlie receipts and expenditures to be dealt with under
other and more cojtreuient headings.

THE CORRECT SURPLUS.

M J*

' According to thj last financial statement of the Provincial Treas-
urer there were on hand on the 31st December, 1882, the following
I Dominion securities and cash viz. : —

I Dominion 6 p.c. Bonds (costing) $500,000 00

I "Special Deposits in Banks (at interest) 860,000 00

. Bank Balances (current accounts) 249,483 86

Making a total of $1,699,483 86

As compared with the following sums at the close of 1871, when
the Macdonald Government were ejected from office (see Pub. Ac. of
'71, pages 10 and 21) viz.: —

'6 per cent Dominion stock $ 350,000 00

6 " " Bonds* 500,000 00

-6 " " Debentures (i;i50,000 stg.) cost 705,471 68

5 " " Bonds (^250,000 stg.) cost 1,192,333 33

Special Deposits in Banks (at interest) 890,174 31

Bank Balances (current accounts) 172,985 84

Making a total of $3,810,965 16

Consequently the transactions of Mr. Mowat's eleven years (we
hold him respousiblp for tho brief period Mr. Blake was premier) show
a Defidencij of ^'i, 'ill, 481 .' instead of a surplus of any kind.
* Note. — These are the Bonds still on hand.

THE MOWAT SURPLUS.

But in addition to the sums already credited ($1,599,483.86; to Mr.

Mowat, as on hand and forming the correct surplus at the close of

1882, he lays claim to the following items as forming part of his

surplus, viz.: —

1. Premium on Investments '. $ 30,000 00

'2. In the hands of the Dominion : —

Common School Fund $ 891,20174

Grammar School Fund 312,769 04 >

Upper Canada Building Fund 1,472,391 41

■'■ Land Improvement Fund 124,685 18

.;■ Share of Library 105,54100

8. Drainage Investments : —

Five oer cent. Drainage Debentures... 271,214 44

Tile " ... 27,028 00

Overdue Interest on above 1,152 00

Rent Charges for Completed Works... 327,374 00

4. Balance Municipal Loan Fund 76,000 00

Mechanics' Institute, Toronto 7,661 79

Mimico Farm Lots 6,520 61

2,906,688 87

626,768 44
90,182 40

Making in all $3,653,539 21

Add amount already credited 1,599,483 86

Total $6,253,028

Making the surplus claimed by Mr. Wood before deducting what he is
pleased to admit as liabilities chargeable against the same.

Before proceeding further a few words of explanation with regard
to some of these items will not be out of place : —

As the amount of this premium fluctuates with the money market
and bears no interest we do not think it should be used to swell the
surplus, but if it is it should be credited to the Macdonald Government,
as they made the investment upon which it accrues in spite of the
party now in power. (See Journals of 1867-8, pages 14 and 18.)
f'' With regard to the five items in the hands of the Dominion,
and aggregating more than one-half of the whole of the Mowat Surplus,
they all stand to-day precisely as they stood on the 1st July, 1867, and
on the Slst December 1871, with the exception of the Library item,
upon which interest at the rate of Jive per cent, per annum has been ac-
cumulating, and the Land Improvement Fundj which lias in part been
paid over to the municipalities entitled thereto. Hence, if they are
to be added to the Mowat Surplus, they must also be nearly all added
to that left by the Macdonald Government.

If the balance still due from the Miinicipal Loan Fund is to be
taken into the Mowat surplus, why not place all that has been realized
*rom this asset since 1871 to the credit of the Macdouald surplus ? It
too, like the Trust Funds, came to us under Confederatiou, and, cor-
rectly speaking, every dollar derived from this source was, and is, a*
realization of a capital with which we set out in 1867.

With these explanations coupled with the fact that the Pro-
vincial Treasurer neglects to take into account as a liability, the
large sums yet to be paid to railways ; which Iim ve been voted to
them by the legislature, and which he >-.as repeatedly declared are
not to be met out of ordinary current revenue, and must, therefore
be provided for out of surplus, (I would require a sum of nearly
three million dollars set apart to form a fund for meeting these pay-
ments as they fall due), we believe no further argument is necessary
to prove that

THE MOWAT SUKPLUS IS A MYTH.

But, the reader may ask, if Mowat's surplus is a myth, and the
figures upon which it is based fallacious, if not dishonest, what then is
the true state of our financial affairs as a Province ? To this question
we shall try to give an answer. To do so intelligently and satisfactorily
it will be necessary to begin at Confederation. Without taking into
consideration the capital with which we started as a Province, it is no
more possible to arrive at correct conclusions, as to

WHITHER WE ARE DRIFTING,

than it would be for a merchant to say whether he was making or

losing money — without taking into account the capital with which he
commenced business. We shall therefore try to discuss this matter
from the same stand-point, as any ordinary business man would do his
own financial affairs. First, then, let us consider

HOW WE STOOD AT CONFEDERATION.

In addition to the annual subsidy assigned us out of Dominion
Revenue, and which it should not be forgotten was increased in 1873
by some $290,000 per annum, we were given (see sections 109 and 110
of the Confederation Act and Award of Arbitrators thereunder) : —
Ist. — To do as we pleased with : — , Iff-soit

faj The Crown Lands and timber and minerals connected there-
with, and all sums then due or to become due on account thereof —
Value unknown.

(bj Lunatic Asylum and "Normal School debts — 036,800.

(cj Debt of the Law Society — $156,015. i

(d) Tlie Municipal Loan Fund debt— $6,792,136.
I (ej Debt of the Agricultural Society — $4,000.

r/y" University debt— $1,220.
, , (g) Share of Parliamentary Library — since ascertained to have been
worth at Confederation $105,^541.

Of course the figures placed opposite these seem to merely state
the amount at which thoy then stood, or have since been found to
stand in the public ledger at Confederation. They were not as a rule
good for these amounts, and it would, therefore, be absurd to attempt
to place a fixed value upon them either then, or in 1871, or now,
except where any partici'^ar item has been fully realized or arranged
for. It will, however, be perfectly fair that it should bo assumed that
each of these items has been reduced in value, since Confederation, just
by the amount that has been realized from them at the time of striking
a balance. Theoretically it may, no doubt, be urged that this is not a
fair way of treating the monies derived from timber, as it is a growing
commodity. Practically, however, its growth during the fifteen and a
half years with which we are dealing has been so small that its
increased value from this cause could not materially affect the figures
which will follow.

2nd. — Funds assigned to us "for the purposes for which they were
created," and for which the Province is simply a " trustee" : —

(a ) Upper Canada Grammar School Fund — (consisting of $312,769
j-i tlie hands of the dominion, and the unascertained balance to be
''ealized from the amounts still unpaid on account of lands sold, and
C^om lands to be sold, belonging to the 250,000 acres set apart for
,.nis purpose.)

fbj The MunicipaUties Fund. (This fund is the residue of the
settlement of the Clergy Reserve question, and the monies received

therefrom are paid oyer to the mnnicipalities as received, less an
-allowance of 20 per cent, for cost of management.)

(oj Upper Canada Building Fund — (consisting of ♦1,472,891, set
apart for expenditure on local works in Upper Canada as a compensa-
tion for the amount contributed out of the general funds for the settle-
ment of the seignorial tenures in Lower Canada.)

(d) The Land Improvement Fund. (By the award of the arbitrators
there was assigned for distribution to certain municipahties in this
Province and bearing interest from Confederation until paid, from
the Conamon School Land collections, $124,685, and following the prin-
ciple upon which the award was based, from Crown Land collections,
$101,771, making a total of $226,456, which the municipalities are
entitled to receive.

(e) The Common School Fimd. This fund stands in a different
position from the others and must be treated somewhat difterently.
By paragraphs 8, 9 and 10 of the award of the arbitrators between the
provinces it is provided that the amount which came into the hands of
the Dominion at Confederation ($1,520,959) with •• the monies received
by the Province of Ontario * * on account of the common school
lands * * SHALL be paid ovee to the Dominion * * to be
invested " along with that already in their hands, and that the
'• income reahzed" therefrom shoui... from time to time be paid over to
Ontario and Quebec in the manner directed in the Act creating the
same. Under these circumstances the Common School Fund is only an
asset of the Province to the extent of the income we derive therefrom,
subject to the duty of distributing si^^h income among the Common
(Pubhc) Schools. ^i ...r> -^rft '

So much for our assets at Confederation

OUR LL^BILITIES IN 1867.

„.. On the other hand our liabilities were at that time practically
nil, inasmuch as they consisted of our share of the debt of the old
united Provinces which was subsequently assumed by the Dominion,
and therefore only affected us to the amount of the interest thereon
from the 1st July 1867 to the 1st July 1873, and our liability as Trus-
tees for the management of the several trust monies which it became
•our duty to collect and distribute in accordance with the several
trusts.

Before proceeding to lay before the reader "Balance Sheets" for
December 1871 and 1882 it will be well to explain that it is proposed to
Isave out of both sides of these accounts all the items which have not
undergone any change since Confederation, as it is believed that the placing
of items unnecessarily on both sides of such statements serves rather
to obscure than enlighten the reader. In accordance with this decision
"We shall omit from the following statements, the items h,c,e, and/, of

.'rj

■-■-'■ -i

' I -

those placed under the headiu^^ of those assigned to ub to do as we
pleased with, and of those placed under the heading of Trust Funds, (2)
we shall omit altogether items h, and a, and those portions of a, <i, and
« which still remain in the hands of the Dominion without being either
added to or diminished by the action of the Provincial authorities.
With this explanation the following
j BALANCE SHEET FOR DECEI^BER 1871

is submitted for the consideration of the reader : —

De.

^ 1. To the following actual receipts : — ^

From Timber, Crown Lands, etc., after >;'<;i>«v'

deducting therefrom cost of Crown Land '.^> ii,^n i,'n') ,(.': ■!
Department, outside service, Refunds "
and Land Luprovement Funds paid there-
out •1,650,001
1 From Municipal Loan Fund 696,587 '.-tfi.' :<}

( *' Grammar School Lands (net) 26,957 i >i dt

" Muuicipahties Fund collected and .. . ,

I "■''■■ not paid over (see estimates '72)... 68,080 ■• . ■

•• Com. School Lands and payable to '' '

-„L Dominion (see estimates '71 A '72 226,688

** Com. School Land Improvement «;' . ;

Fund,not paid over.see estimates '72 12,662
* ■ •2,479,876<

It To the following indirect receipts : —

To interest on Com. School Land Lnprove- ,

ment Fund in hands of Dominion dis-
tributed as a part of the Com. School

^i Fund I 24,986 -^ ■

To interest accrued due to Quebec on Com-
mon Schools Fund in Ontario's hands

. (say) ».... 5,000

80,986

Total •2,609,811

.:. CONTRA OR.

' By investments and cash as per previous / .^

statement •8,810,965 ■ ■ '.

I *' Interest accrued but not received on ' '

I share of Library 4| years 28,746

A total of , •8,884,711

of assets existing on the 81st December, 1871 which did not exist on
the 1st July, 1867, and which, after deducting the amounts realized
since Confederation directly and indirectly shows

A SURPLUS OF »1,324,900.

It is true that some contend that there should be charged against
this sum the ftl, 500,000 ^et apart in aid of rfnilwayia, h\^t it i« tbonght

tkebettw and fairer way is to charge the Mowat Qoyemment with the
Macdtniild investmentB and give them credit for the whole of the Rail-
way payments, moreover to do otherwise would involve calculations of
interest which would only complicate statements which it is our nin^ to
make as plain and easily understood as posHible.

Before leaving this part of our subject it will be well to call atten>
tion to the fact that the foregoing surplus of $1,824,900 more than
equalled the entire receipts of the Macdonald Qovernment from Inter-
est on Investments, (9611,821, less the $5,000 credited as due Quebec,
1606,821) ; from Marriage Licenses (9142,586), and from Tavern Licen-
ses (1225,802) by $318,601. But of this more anon.

Let us now turn to the

BALANCE SHEET FOR DECEMBER, 1882,

^•i-

made up in precisely the same manner and upon the same principles

as the one for 1871.
'^ Dr.

1. To the following actual recoifits : —
From MacdunaUl Goveiniiunt (Ions
anioniits due Miiniripalitics and
Lnnd Improvomuiit FiiiidH puid in

1872 $3,730,273

Timber aii<l Cruwu fjiiiid rucui)>t!i tium

1872 to 1882, in(!lu.ltitl as bcloro 6,820.130

. Mniiicipal Loan Fimd 1,740,0(>0

Orammar Sisliool Lands, nut 88,218

Common School Lauds, not 705,109

Common School Land liiipruvcniuut

Fund in haudu of Oomiuioii $124,685

Land Improvement Fund payable per
Estimates of 1882 and 1883 18,001

$143,586

Lees amount paid in 1882 111,158

82,428

— -$12,123,184
2. To the following indirect receipts :
From Municipal Loan Fund to collect 76,000

Interest on Common Schuol Improve-
ment Fund in hands Dominion 1 1 yrs 68,570
Interest accrued due Quebec on Com-
mon School Fund not paid over, say 70,000
Interest on Library accrued under

Macdonald Government 23,740

Municipalities Fund collected and not

paid over (see estimates, '83) 20,628

258.950

Total • o $12,882,184

{{4

Oontra Or.

By InyeBtments and Oash as per ^reviouH statemant Il,50t,i8d

Iniereet accrued but not received on share of Library

16i years .,» 81,794

Monicipal Loan Fund, unpaid 76,000

dbmmon School Land Improvement Fund in hands of
Dominion, but paid or provided for 124,680

Or a Total of 1,881,962

Of assets existing in December, 1882, which did not exist at Con-
tedttration or have since had their standing changed, and i' aviug

A DEFICIT OF $10,600,172 •

to be accounted for by the Mowat Government hmde* the following
revennes and extra revenues for which the Macdonald Oovenuneut
oould either account or had not received, viz : —
Interest on Investments (after making provision for the

•70,000 accrued to Quebec) «1,628,487

Marriage Licenses 76,418

Tavern Licenses 806,248

Extra Bevenue from Dominion* 2,160,022

Macdonald Surplus of $818,601 was equal to an average

Surplus of $70,800 per annum forll years 778,800

Making a further sum of 6,488,970

for which the Mowat Government have to render an account when
comparing their expenditure with that of their predecessors, and
making a Grand Total of $15,034,142.

This would have been on hand to-day had the expenditure averaged
the same gross amount from 1872 to 1882, inclusive, as it did for the
four and half years during which the " Patent Combination" held
office, and with regard to which the Ohhe wrote in January, 1871,
that " mere professions of economy and boastful allusiam to a turphut
ought not to induce any abatement of vigilance or weaken the moat
jealous scrutiny of every money-spending department."

Of course the reader will at once be told that this is a molt unfair
way of putting things, and instead of looking at the debtor side of the
Mowat account we should look at the credit side — at the large amounts
which they have in their generosity " given back to the people." WeD,
we have no objection to do so. The real difference between as and
them is that we want to look at both sides, while they only wish to
look at (me. Having looked at one side, having proved that the Mowat
Government have very much to account for, we now propose to show
where all this money — we were going to say had gone, but that we
owmot do ; it will, therefore, be about as correct to say we propoM to
«how where it has not gone.

*NoT»— Tht avMBm Rcvannt rtctiv»i from DomiaioB fiom 1B67 *o >'oM of sSys waa
Haes.s8S> avwac* firm si;* t* i8te, $1,090,901. ,

WHEKfe IT HAS AND HAS NOT GONE.

The items for which the Mowat Opvemmeiit claim moat cradit
their Kicpenditure on Railways, Surplus Distribntion, MainieiMuic*
Public InstitutionH, Expt^udiiurti for Education, Grimimd Justice, Pub-
lic and Drainage Works, ».ii<l Colonization Roads, and to liiiten to ttieir
admirers one would suppoHO that not a dollar had been expended for
any of these purposes by their predocessorg. Up to the Slat Deoes&ber
last they had expended ;--

On Railways «8,800,09fi

On Surplus Distribution 8,878,846

Or a total of $6,678,941

For purposes for whio,h^ it is true, their predecessors did not spend a
dollar.

On Public Institution Maintenance a total of 98,802,002. But
against that they received from the same institutions an aggregate
revenue of 95Cd,C05, leaving their net expenditure $8,287,827. But,
again, the Macdonald Government spent $700,024 for the same purpose
during their four and a half years, and received therefrom $61,287,
leaving their net expenditure $647,787, or an average of $148,041 per
annum, or equal to a gross sum for eleven years of $1,688,861. Taking
this sum from the expenditure of the Mowat Government we have left
$1,668 076 as the amount chargeable against the large sum for which
" we are now trying to account. »

V On Expenditure for Education. — The amounts expended.,, |pr thia
pxurpose have been large, but not by any means all in the interest Of
the people. By going over the public accounts from confederation
down to the close of 1881, and taking the estimated expenditure for
1882, and selecting therefrom the amounts paid to comimon, separate,
poor and high schools and collegiate institutes and for superannuation
of teachers, we find that there was paid out, during the eleven years,
$8,968,888, less revenue $166,216, leaving net expenditure $8,787,122.
But during their time, the Macdonald Government spent $1,206,648,
less revenue $6,925, leaving net expenditure $1,201,728, or an average
of $267,060 per annum, and eqaal to for eleven yean $2,987,660, and
leaving the extra expenditure of i^e Mowat Government for thaw
purposes $840,672.

On Criminal Justice paid to Counties, the expenditure waa dnring
the Macdonald regime, $482,582, or an average of $06,118 per anrnnn ;
for the last eleven years it has been, taking the PubUo Aoconnfta and
estimates for 1882 for our authority, $1,872,867. The annual a^anga
expenditure under the proceeding Government, would fool op to
$l/)67,298, and leaving the extra expenditaxe. under iUa heading, kal
$8U,6fl9.

On Pablio Works and Buildings, the expenditure for the first four
and a half years of confederation was 11,116,708. or |247,06fi pei
annum, at which rate it would aggregate 12,727,606 during the follow*
log eleven years ; whereas the actual expenditure during that time was
12,872,478, and leaving only 1144,078, to be charged against that
nearly 110,000,000.

On Drainage Works, there was expended by the Macdonald
Ooremment 1166,720, or 184,004 per annum; by tlie Mowat Ooveru'
ment 1721,458, less returns 9887,008, leaving their net expenditure
1888,860 ; while the average expenditure of the Macdonald Govern-
ment would have equalle<l during the same period |880,C04 and leaving
18,240 to be paid out of their extra receipts.

On Colonization Roads, the corruption fund par exoeUenoe, the
expenditure has been Uberal — 91,084,207 during the eleven years.
During the Macdonald regime the expenditure was 9108,268, or 942,046
per annum, or equal to 9472,400 for eleven years, and bringing the
expenditure paid out of extra revenue down to 9011,801.

Now let us see how much we have been able to account for : —

Expenditure on Railways and Surplus 9 0,078,041

Extra Expenditure on Public Institution MHiutouauce 1,068,070

do do Education, di8tribute<1 to people 840.672

do do Criminal Justice, paid counties 816,660

do do Public Works and Buildings 144.073

do do Drainage Works 8,2-1^0

do do Colonization Roads 011,801

Making a total of.. 910,268,008

Leaving

STILL UNACCOUNTED FORr-96,070,074

As the Municipalities (Clergy Reserve) Fund has not been taken
into consideration in any of the foregoing statements, and as the Mowat
Government claim the amount of this fund distributed to the people as
" one of their gifts," it may be well to me. > Hon that while the Mowat
Government claim credit for having pai<l on b v? date on account thereof
the sum of 9647,828 (see Financial Statomi»ut of 1882, page 28), the
Macdonald Government during their tet-'m c; office diHtributed 9817,704 ;
consequently they did more relatively in this way than their successors,
and if credit is to be given to either therefor, the larger measure of
credit is due in this instance, as in nearly every other, to the Govern -
neat of Sandfield Macdonald.

• ' » • ,

DEFICITS.

The popnlar idoa tliroughout tho Province la thai we haTe aa
orerflowing Trearary, with a haudsome Hurplua yeavly ; but although
that was the case under the Qovemmeut of the late Mr. Sandfiekl
Maodonald, it is not so '^uder the present Oovemment; from 1874
every year except 1881 the expenditure exceeding the gross revenue,
leaving a large deficit to bo taken out of the accumulated surplus, as
the figures from the Public Accounts will show. Here are the receipts
and expenditure under the Sundfield Macdonald Government: —

ItecciptH. Expenditures. Surplus.

1808 »2,30n,8lO 11,199,180 II.IOT.TSO

1869 2,097,348 1,488.291 1,209,067

1870 2,600,(H)5 1,280,008 020,082

1871 2,888,179 1310300 610,818

Aggregate surpluses under 3andfield Maodonald 13,818,182

Under the Oovemment of Mr. Blake there was also a surplus, but
the year after Mr. Mowat came in deficits commenced, and wo have
liad a series of them. Here are the figures : —

Receipts. Expenditure. Surplus. Deficit.

1872 »3,0G0,747 »2,220,742 »840.006

1878 2,901.515 2,940,803 20,712

1874 : 8,440,847 8.871,492 • 426,145

1875 3,150,CC.6 8,004,524 ..." 447,919

1870 2.589,222 3,140,027 661,406

1877 2,502,500 8,112,904 010,»88

1878 2,285,201 2,902,388 017,187

1879 2,250,209 2,941,714 001.445

1880 2.4.'>1,936 2,518,180 00,245

1881 2,740.772 2,585,058 101,719 :

1882 2,880,460 2,920,101 80,711

1,022,480 8,440,896

Nett Deficit under Blake and Mowat 2,420,969

It will be observed that 1881 was the only year since 1874
that the revenue has equalled the expenditure, and that result was
accomplLihed by the proceeds of the extensive timber sale temporarily
swelling the revenue. But it will be said these deficits are made to
a great extent by taking into accouut large payments to railways and
other items which should not fairly be charged against ouirrent revenue.
This ta practically admitting what tee have been arguing — that the railway
payments not being met out of current revenue, must be charged as a
liability against the surplus.

:! I

»8

LIVING ON CAPITAL.

The income of the Province is mainly derived from two sonroes
The annual payment from the Dominion being about half of the tota.
receipts, and oonatitating with some small items what may be called
oox pcnrmanent revenue. In addition to this the Province receiyes
large stims from the sale of its lands and timber ; but this source of
revenue it will readily be seen is temporary, and it is not safe to go on
using it up in current expenditure as fajt as it is reaUzed. Yet that ia
jue^i what the Mowat Government has been doing for years past. The
extent to which we have been living on capital will be seen by a glance
at the figures for the past five years. Leaving out of the receipts the
income from sale of property and municipal loan fund, and leaving out
on the other side all the expenditure in aid to Railways, Municipal
Loan Fund Distribution, Drainage Livcstments, Public Works and
Buildings, Colonization Roads, dkc, — every item that can possibly be
called capital expenditure — the figures for the past five years ^tand as
follows :

Recipts. Expenditure. Deficit.

1878 «1.798,858 »1,897 G67 » 98,804

1879 1,791,2/7 1,882,408 91,186

1880 1,709,798 1,885,482 115,684

1881 1,753,754 1,923,041 170,287.

1882 1,784,007 2,015,038 230,688*

Total Deficit in five years $700,092.

That is to say if the Province had never 'aided a railway, never
assisted drainage, nor built a single public work or colonization road,
we would still, since 1878, have had to draw on our capital to the ex-
tent or over seven hundred thousand doli,ars to meet our ordinabt
CURRENT EXPENSES ! It is Rs if a farmer, faUing to live from the income
of his farm, went selling ofif a portion of it every year and using the money
realijBed in meeting his ordinary expenses, and because he found no
difficulty in making ends meet in this way, imagined his affairs were
in a . c nnshing c(Hidition ! What do the people think of this method
of financing ?

INCREASING EXPENDITURE.

Whilst the revenue of the Provinct^ is almost stationary, if not
diminishing, the Mowat f^ov«riunent liua gone on year^ by year in.-

creasing the annual expenditure, till they have nearly doubled the
ordmary expenditure since 1871, cs a reference to the figures will show.
Leaving out of the expenditure in eaoh year that for public vrorks and
buildings and colonization roads (which are expenditure on capital ao-
oount)f on refunds, which are sim];^y a paying ov&r of monies oolleoted
in tnist and on elections (there being algeneral election in 1871), the
o(»nparison between 1871 and 1882 stands as follows :—

1881.

Total Expenditure „ •1316,8M

Public Wforks and Build'ngs $480,620

Colonization Roads 56,409

Refunds 186,240

Elections 19,505

691,874

Ordinary Expenditure Sl,r24i992

1882
Total Expenditure under Supply Bill 1*2,480,885

Public Works and Buildings $149,866

Colonizullon Roads 210,650

Refunds 41,348

Elections 4,176

806,889

Ordinary Expenditure 12,126,840

Or the ordinary expenditure nearly doubled since 187II Of course
it will be argued that the Pcoviuce Is growing in population, and there
would, therefore, naturally be an increase in cost of Govommcnt ; but
how does the facts stand ? The populatiou in 1871 was 1,620,868, and
in 1881, 1,928,228, or an increase of less than 19 per cent. Taking the
same rate the increase of population from 1881 to 1882 would be less
than 21 per cent., while the ordinary expenditure was increased 90 per
oentl But i^i is argued that this is an unfair comparison, inasmuch as
we have large expenditure for maintenance of institutk-as which were
not in existance in 1871. Apart from this altogether, the expenditure
on Civil Government lias been from $74,G71 in 1871 to » 187,016 in 1882,
or an iucreast ot 69 per cent., as against 21 per cent, in population.
In Legislation ihe increase has been from $74,571 in 1871 to $165,016
in 1882, or an iiicreaae of ^ "JO pex cent. Lant year tliere were a couplw
of exceptional items under ohis head, \iz., for A gr {cultural Commis'
sioner and Sessional expenses for 1882-3, but deducting these amounts,
the expenditure for Legislation was still ?* 130,721, or an increase of 75
per cent, over 1871, as compared ^\ith an increase of only 21 per cent,
in population. In the different departments the figures all show the
sama atentting inar«afi»-^for instance, the Attarney Oaieral's Pepaart^

ment in 1871 cost »a'^,241, and in 1882, 15,188, or an incroaso of 48 per
cent ; the Treasury Dvpartment for 1871 coat $10,084, and in 1882 it
hatl gone np to $15,091), or an increase of 55 per cent; The department
of Public Works (including Agriculture) in 1871 cost $12,927 and in
1882 $18,019, or an increase of 44 per cent,— and so on throughout the
list, everywhere the increase has been far in excess of what the growth
of the Province could warrant. Is it not high time the i>eople of the
Province seriously pondered this state of affairs— that they took heed
to the warning sounded by the Olobe on 28th May, 1880, when it sug-
gested THA-f BUUDENS OF EXPENDITUUE NOW BOUNE BY TUE PbOVINCE WOULD
nEVE TO BE PLACED ON THE MUNICH ALITIE8 IN ORDER TO AVOID DIRECT

TAXATION, and resolved to get rid of a Government which had brought
our affairs to such a pass.

THE BOUNDARY QUiiSTION.

The Ontario Oovomment has resolved to appeal to ths electon
of the Province chioHy upon two niatters, in dealing with which
Miiiisturs hope to aroii.se Heulional joiilousy, to the manifest injury of
the Foderal pact. Of thosff the controversy upon the boundary is by
far the more important, since every p irty to the dispute professes to
desire a speedy, legal and equitable a<ljustment. Whether the
Ontario Ministers are sincere or nut in the professions of impatience at
delay, will perhaps appear in the sequel. For the present we desire
to point out that Mr. Mowat is going to the people on false pretences. .ti%n
Whilst shrieking {^x the ratification of an award, already dead and
buried, as he has virtually admitted, over and over again, he keeps
that award dangling before the public eye, as though all the virtue had
not long since gone out of it. With the instincts of a charlatan, he ia
striving to delude the electorate by means in which he has ceased to
believe, because he is in the secret of the trick.

Had the Premier firmly resolved to take his stand upon the
award, without listening to compromise, his credit as a statesman
would have been impaired, and yet he might still have retained unhn-
peached his character for honesty. To have jiersisted in clamouring
for the award would have been a proof of conspicuous imbecility. Mr.
Mowat is well aware that without Parliamentary ratification, the
decision of tho arbitrators is null and void. That fact, as will be
shown, he has placed on record in a Provincial statute, and in state

papon for Trlucli ho stands responsible. When the Ilonse of Horn
mous, on the 4th April, 1882, finally refused to sanction the award, it
practically dropped out of the reckoning. Ministers still hoped for its
ratification by a now Parlianaeut, and boasted of their hope, and yet,
although they took the stump throughout Ontario against the
Dominion Government, another Parliamont has been elected as ad-
verse to the award as its predecessor.

In such a case what is the part of wisdom ? To continue the ut-
terly futile agitaiiioa for a defunct finding, or to make the best of the
situation, and lose no time in securing an authoritative judgment u^vun
the case? The latter is the course insisted upon by the Ontario Op-
position. So long as there was any chance that the Dominion might
accept the award they voted with the Government in its favour; and
that even after Mr. Dawson's committee had reported adversely to the
House of Commons. But after the passage of the Bill enlarging the
boundaries of Manitoba, after the distinct refusal of the Dominion
Parliament to entertain the award, and, above all, the final rejection of
it by the House of Commons, what good purpose has to be served by
"standing up" for a measure \\hich lies prostrate in the grave ?

It then became the duty of rational men to secure the Province
against further delay by at once taking their stand upon the reference
to England, proposed by the Dominion ten years ago. That was a
statesmanlike course, and will, we believe, commend itself to the great
mtijority of the electors of Ontario. Meanwhile, what has been the
position of the Government, if not a shambling, shuffling, intermittent
and illogical one? Over and over again, Mr. Mowat has played the
game of see-saw with this important matter, now leaning to the award,
anon proclaiming his readiness to appeal to the Judicial Committee. If
he were sincere in his protestations in favor of the award, why not ab-
stain from constant reference to his willingness to go to the highest
tribunal ? If he is not playing with the country, why not at once do
clare to the Dominion Government that he is willing, as he declared in
1881, to go to the Privy Council, and enter forthwith into negotiationa
on that basis. There is nothing to prevent his taking that manly
course, except an unwillingness to confess that he has been wrong, and
that to take the only course he can himself assert to be practicable,
would be to confess that the Opposition, led by Mr. Meredith, has been
all along in the right. In short, he doHires an election cry, and finds it
in senseless talk about an impossible " robbing " of Ontario, whilst he
himself, should he persist in his present course, and be unfortunately
permitted any longer to mix and muddle the matter, will prove Ontario's
real defrauder for at least the term of his four years' mandate.

He must either adopt the Opposition policy or injure the Province by
persistence in what he knows to be an impotent and unfruitful course
pf action. During the Session just closed, he, contradicting his co'

Icagne, Mr. Pardee, stated thut the Government had not yet refused to
appeal to the Judicial Committee. '* The time," he archly said, *' has
not yet come to consider that," as if he had not procured authority
from the House long ago to agree to such a reference. How long wU]
it take him to make up his mind about it ? We can inform the reader ;
until, after befooUug the people and regaining power by a false pre-
tence of championing the award, he can laugh at them, and then com-
mit the so-called treason for which he reproaches opponents whose love
for the Province is so far superior to his that they refuse to act with
men who are playing this double game of thimbles — ^viz., going between
award and Privy Council, to the loss and injury of Ontario.
Let us now descend to particulars.

THE BOUNDARY IS FIXED BY LAW.

Sec. 6 of the B. N. A. Act, 1867, reads thus :—•
" The parts of the Province of Canada (as it exists at the passing
of this Act) which formerly constituted respectively the Provinces of
Upper and Lower Canada) shall be severed, and shall form two separ-
ate provinces."

The limits of Ontario are thus absolutely fixed by Imperial legisla-
tion, and it becomes the duty of the Dominion and the Province to
ascertain them. This fact was recognized and urged by Mr. Mowat in
his Report of Nov. 1st, 1881, in which he is referring to the Imperial
Order-in-Council annexing the Hudson Bay Company's possessions to
tlie Dominion :—

" Her Majesty had no power to deprive Ontario of any part of its
territory. The British North American Act having expressly declared
that the territory 'which formerly constituted the Province of
Upper Canada shall constitute the Province of Ontario.'" — Sesnonal.

Papers, Ontario, 18S?, Xo. 69, p. 437*

The same fact has been frequently noted by the Dominion Parlia-
ment ; as, for example, in the despatch of the Secretary of State to the
Lieutenant-Governor of Ontario, dated Jan. 27th, 1882 : —

"There is a legal boundary between Ontario and the recently
acquired Norfch-Weat Territories, and as representing the various Pro-
vinces of the Dominion which have acquired that territory, it is the
duty, it is conceived, of the Government of the Dominion not to give
away any part of it, nor to agree to arbitration upon its boundary, but
to ascertain what its legal extent is." — Dominion Sess. Papern, 1882, 37
md37n,p. 27.

Both parties in the controversy are thus agi-eed that there is a true

bmmdary to bo foun'l, not a conventional one to be made, whether by

ail titration or otherwise. Wli en, therefore, the partizans of the Ontario

n-Dvcrumont clamour tibout a •' robbery" of this Province by the

Dominion Government or Parliament thoy are uttering palpable non-

* SeiOtioiml Papar 69 is i<]en(icflJ with the volume of Boundary Dncumentx

Bonse. Neither the Crown nor the Dominion nutborities can deprive
Ontario of &ny portion of the territory assured to her by tl\e B. N. A.,
Ks±.

THE POINT AT ISSUE,

Nothing strikes those who have stndiod the docnments made p'sb
lie, with groater clearness than the fact that Sir John Macdonald fore-
saw and foretold the trouble that would arise from resting content with
anything short ofajudioial determination of this question. Towards the
close of 1871, the two Governments agreed to a joint commission for
'• the survey and location " of the boundary between Ontario and the
North-West Territories. The Commissioners were named, and in March,
1872, the Dominion Premier submitted a draft of instructions to be
given to them. This document brought out at once into bold relief the
opposing views of the two Governments. It may be well to quote the
aalient points in each case :

The Dominion position was this : " The boundary in question is
clearly identical with the limits of the Province of Quebec, according
to the 14 George III, cap. 83, known as the Quebec Act, and is des-
cribed in the said Act as follows : That is to say : Having set forth
the weflterly portion of the southern boundary as extending along the
river Ohio • westward to the forks of the Mississippi,' the description
continues from thence (i.e. the junction of the two rivers), 'and thence
northward to the southern boundary of the territory granted to the
Merchants Adventurers of England trading to Hudson Bay.'" Ses».
Papers {Dominion) 1882, No. 37, p. 4. Ditto {Ontario), No. 69, p. 218.

The Ontario proposed description runs thus : '• The boundary line
of Ontario is the international boundary from the north of the Pigeon
River, on Lake Superior, to a point west of the Lake of the Woods,
where the boundary line would be intersected by a line drawn north
from the source of the Mississippi River ; thence the boundary line
runs north to the point of intersection of the southern boundaries of
the Hudson's Bay Territories, thence the boundary Une of Ontario is
the southern boundary of these Territories to the point where that
boundary would be interBected by a line drawn from the head of
Lake Temiscaming." Sess. Papers {as alcove), No. 37, p. 9; No. 69, p. 230.

In brief, theDominion decided that the word " northward " from
the junction of the rivers means due north, hence, although the words
" along the banks of the Ohio," were previously used in the Quebec
Act nothing is said about following the course of the Mississippi ; nor
in there any reference to a Une from the source of the latter stream.
The Premier, on the other hand, urged that •' northward " signified in
a northerly direction along tlie Mississippi to its source, and then due
north- to the Hudson Bay territories. Both the Domiuiou and the
Province had substantial grounds for argument ; but they were at is-
sue HO palpably as to call for a judicial interpretation of the Imperial
SiaiKto.

Sin JOHN MACDONALD'S PROPOSAL,
Ah tlie parties to the controversy could not agree, the Dominion
Premier at once urged a reference to the Judicial Committee of the
Privy Council, in a report dated May Ist, 1872. From this we extract
the following: —

" Having reference to the prospect of a larger influx ot people into
t the North-WoHt territories, it is very material that crime Hhould not go

unpunished or unprevcnted, and in this view the undersigned has tlie
honor to HU(.'geHt that the Oovernraent of Ontario l)e invited to concur
In a statement of the case for immediate reference to the Judicial Com-
mittee of tiie Privy Council of England, with a view to the Bettlement
hy a judgment or decision of that trihunal, of the Western and North-
ern houndaries of Ontario.

" This is the more necessary, as no conventional arrangement be-
tween the two Oovcrnujents can confer criminal jurisdiction on the
Courts of Ontario unless the place where the crime is committed is, by
law, within the Provhice." — ■!>'<•*#. Paper» 1H8'4, (as above), No. 37, p. 10,
Ao. 60, j>. 231

On May Mh^ ♦he ♦^'^rio Government declined the proposal, and
suggested the enlxigc.i. .-t of the Province under the "British North
America Act, 1B71," above already referred to. From the reply, con-
tained in a RciM,rt 'l^^xA IJnvfimber 7th, 1872, an extract may be
cited : —

" To place the territory, in dispute, pending the settlement of the
question, within the limits of Ontario for criminal purposes, whilst not
at all providing for the sale and management of lauds, or granting titles
thereto, or for civil jurisdiction, would, there is giave reason for appre-
hension, be l)eyond the powers conferred by the B. N. A. Act ot 18(»7,

AND WOULD DF. ODJECTIONABLE, NOT ON'LY AS TEMDINO TO RENDEB ONE PABTY
TO TUK DISPUTE LKS3 ANXIOUS POSSIBLY FOR ITS SETTLEMENT, BUT ALSO AS
CALCULATED TO EXERCISE A PREJUDICIAL INFLUENCE ON THE ULTIMATE AS-
SERTION OF THE RIGHTS OF TIIE DOMINION."

" The Committee are of opinion that the evidence upon which the
decision of tho bouuderies in question would depend, is chiefly, if not
altogether, of a documantary character, and would be found rather in
the Imperial Archives than m America," (and so it turned out subse-
quently), " and thut any which exist here might readily be supplied,
whilst an autiiorative decision by the judiclal committee of the
Privy Council would be final, and command that general assent

WHICH IS so n'70RTANT IN ENDEAVOURING TO AX»JU8T QUESTIONS OF AN INTEB-
PROVINCIAL CHARACTER."

" There are objoctions also to this proposal (ai'bitration) as re-
gards the mode of conferring legal powers upon such a commission, and
' If the Committe doubt whether any other tribunal than that of the

Queen in Council would be satisfactory to the other Provinces of the
Dominion in the decision of questions in which they have a large in-
X terest ; tlio importance of which is, by current events, being con-

stantly and rapidly augmented, and they respectivoiy recommend that

TUK PROPOSITION FOR A KeFERENCE BY HeB MaJE3TY IN COUNCIL BE RE-
NEWED TO THE Government of Ontario." — 8es$ Paperi, No. 69, pp.
2&Q

To this report no reply was vouchsafed, and Mr. Mackenzie be-
came Premier on November 7th, 1873. Meanwhile, as the Ontario
Government had been busy in collecting evidence, it may be presumed
ihat it intended to join in an appeal to England.

THE REFERENCE TO ARBITRATION.

Before referring to the course taken by the Arbitrators, it may be
well'to meet the charge put forward by the agents of Mr. Mowat, that
Sir John Macdonald acquiesced in the reference. In the Hansard, report-
ing the Commons Debates on March 12, 1875, Mr. Mackenzie after re-
ferring to the proposal made to refer the dihpute to the Judicial Com-
mittee, said " wniLB mERE was no particular objection to that
OOUBSK, it was thought advisable by the present Government that it
should be settled in the way he explained," {i.e. by Arbitration) Debatet,
o. 653 ; and now let us hear Sir John Macdoutild's reply :

" With reference to the proposed settlement of the boundary lines,
HE WAS sorry-tiiattiiesuqoestionsoftue late Government were not

CARRIED out, AND THAT THE MATTER WAS NOT REFERRED TO TUB 1*RIVY

Council for an authoritative decision. Ho wuuUl like to know
wliether it was the duty of these Arbitrators tu decide whure the line
was to run, or simply to decide ux)on a line which they would recom-
mend to be adopted."

" Mr MacKeuzie replied that the exact instructions had not yet
been communicated to the Arbitrator in the Doiiiiuion, but ho lui^ht
say he fel^ that the Arbitrators should be left to define where the
line should be, thouoii strictly not according to the interpreta-
tion OF THE law, if THERE SHOULD BE ANY DOUBT ON THAT SCUUE," De-
butettp. 655.

Again to quote from Sir John's remarks :

" He hoped THE AWARD OF THE ARBITRATORS, WHATEVER IT MIGHT BE,
WOULD NOT BE FINAL, BUT WOULD BE SUBJECT TO THE RATIFICATION OF THE

Government, and be submitted to Parliament." lbid,p, 656,

Finally :

"Sir John Macdonald pressed strongly upon the Government that
the Arbitrators should be asked to fiud, first, where the western
BOUNDARY LINE OF ONTARIO WAS BY LAW, and socoud, the eastern boun-
dary of Manitoba. Then they mi^ht also be authorized to report a
conventional line other than the line they might say was the legal
boundary, as being a convenient one, considering all the cixcumtitaucea
of the case." — Ditto, p. 656.

Mr. Blake's view was the same as Sir John Macdonald's :

He "said he was sure the Arbitrators would discharge their duty
to the best of their ability. Under the Imperial Act it was only by
joint legislative action of the Provinces affected, and of the Dominion,
that the boundaries, whatever they were, could bo altered ; therefore

IT WAS ONLY AN AUTHORITATIVE EXPOSITION OF THE LAW ITSELF THAT
OOVLD BE OBTAINED, AND ANYTHING ELSE WOULD BE MERELY SUUOBSTIVE."

— i/i7/o, p. 658,

Vtcm thaM Axtraota it is svideat th9,t Sir John Maodonald aM^

nrgeii a reference to the Privy Council ; bat th»t, finding himself in a
minority, he insisted upon the dicicovery of the legal bonndary, and
also upon the submission of the award to Parliament. It is also
that whilst Mr. Mackenzie was indifferent to the legal aspect of ilie
question, Mr. filaku, speaking as a lawyer, insisted upon this point.
To this day the latter has never youtured to afGurm that the trae
boundaries have been a>scertained

THE REFERENCE TO ARBITRATION.

So long as Sir John Macdonald remained in power, he peremptorily
declined every proposal in the way of settlement except appeal to the
highest Court of the Empire, because thus alone could an authoritative
decision be obtained. We have seen that the Ontario Government
were quite ready to adopt this plan, and only haggled over conditions.
In fact, they set about preparing Ontario's case. In the Lieutenant-
Governor's speech, at Toronto, after referring to the progress of
negotiations, we find the following : —

" Meanwhile I have directed investigations to be made which were
necessary to the establishment of the rights of Ontario, and a. mass of
evidence in favor of the boundaries claimed by Ontario has been
accumulated, which will, I hope, prove ahundnntly sufficient to tecure a
favorable result." Sess. Papers, {Ont.), No. 69, p. 240.

This speech was read on the 8th of January, 1873, ten months before
Mr. Mackenzie obtained power ; - ? that a reference to England was
then contemplated at Toronto. Had the party persisted in their origin-
al intention, "a favorable result" might have been obtained years
ago. Instead of that, four years were wasted in obtaining an award
which, as the event has proved, is unacceptable to one of the parties,
and, therefore, worthless. Finally, on the 8th of January, 1874, the
Lieutenant-Governor in his speech, expressed a hope that there would
be no delay in the decision as to " the true and permanent boundary."
Moreover, on the 23rd of March, in the same year, Mr. Mowat secured
the passage of a resolution in the Ontario Assembly, approving "of the
reference of the question of the western boundary of this Province to
ARBITRATION, OR TO THE Privy Council." Ibid, p. 242. Mr. Mackenzie's
Grovernment decided for arbitration, and Mr. Mowat, of course, yielded.
Moreover, although the Ontario Government felt it necessary to fortify
itself with legislative sanction to the arbitration, no such authority vat
either sought or obtained from the Parliament at Ottawa.

THE AWARD INVALID WITHOUT PARLIAMENTARY

RATIFIOATION.

It liM b««& ftSMirtad by th« adrooatM of high-flying f tweog a, iir%
that Qi» awazd iroald b» raiid, withoa lagialatiT* oadmuwiwit, anA

thftt th«> paMMge of vattfying Acts is a mere matter of form — a oonees

sion to coorteBy, not a right. Let qh see. The Report on which

the Ontario Order-in-Council is based, bearing date November 10th,

1874, contains the following clause : —

The undersigned recommends that the Province agree to cononrrent
aclion with the Dominion in outaining hitcu luoislation as mat bk

NE0X8SABY FOR GIVrNO BINDING EFFECT TO THE CONCLUSION WHICH MAY
BE ARR9rED AT, AND FOB ESTABLISHING THE NORTHERN AND WESTERN
BOUNDARIES OF THE PROVINCE OF ONTARIO IN ACCORDANCE THEREWITH.

So soon as the arbitration was agreed upon, the Ontario Legis-
lature passed an Act regarding the Boundaries (88 Vic. chap. 6 and
Bev. Stat. chap. 4). In the preamble will be found the following
clause:

•' And whereas, subject to the approval of the Parlument of
Oanada AM) the Legislature of Ontario, it was agreed by the Gov-
enunents of the Dominion of Canada and the Province of Ontario that
the questions which have arisen concerning the said boundaries should
be determined by reference to arbitration."

The Act then proceeds to give the consent of Ontario to a ratifica-
tion of the award, and its declaration as law by the Dominion Parlia-
ment. And yet it is now contended that Parliament is bound to ratify
the award, whether it meets its " approval" or not !

MR. MACKENZIE'S POSITION.

The Ontario Premier urged Mr. Mackenzie to secure the passage
of a similar Act in the Dominion Parliament, nominally because it was
an unusual course. His actual reason is thus disclosed by his Toronto
organ: —

" Had there been any ground whatever for suspecting that the
award was in the slightest degree too favourable to Ontario, the
Dominion Government might have been justified in declining or be-

FUSmO TO BE BOUND BY IT. Mr. MACKENZIE, WITH HIS USUAL CAUTION,
RESERVED THE RIGHT TO DO SO FOR CAUSE." — Globe, Feb. 14, 1882.

Nor was that a hasty expression of opinion afterwards discovered
to be erroneous. This very year the same journal has said : —

" Mr. Mackenzie, however, decided to wait till he knew what
THB awabd was BEFORE HE CONFIRMED IT." — Olobe, January 10, 1888.

It is plain from these positive statements : —

1. That Mr. Mackenzie intended the Dominion ParUament to have
a real, and not formal, voice in the ratification or rejection.

2. That he, consequently, agreed entirely with Sir John Maodonald
upon this point.

8. That the accusationa of bad faith made against the Dominion,
and the attempted analogy between international arbitrations, are false
and misleading.

4. That ParMhment, in deliberately rejecting the award, acted

within its right, since Mr. Mackenzie would have done the same thingi
had it so pleased him.

6. That, by the terms of the reference, the action of Parliament
having rendered the award of none effect, the only question which now
arises is that of a new reference. The award is, in fact, dead and
buried, beyond the reach of any political resurrectionist.

THE AWARD.

The Order-in- Council by which the reference to arbitration was
decided upon passed on November 12th, 1874. From that date until
the last day of July, 1878, nothing was done, so far as appears
from the public documents. Meanwhile two arbitrators had been
appointed, both of them had been removed, the one by death, the
other by elevation to the Supreme Court Bench. On the 81st of
July the three new nominees were choHen. The arguments of coun-
sel were heard on the 1st, 2nd, and 8rd of August, 1878, and on the
last of these days the award, which is brief and unaccompanied by
any reasons, was delivered. It is not at all necoHRary to enquire
whether the finding cf the arbitrators actually established legal, that
is to say, the true boundaries of Ontario ; still it may be well to note
that those gentlemen, through the mouth of tho ouly one now in the
Dominion, have declared that they had "no data by which to determine
the north and western bouudaries ;" and that they suloutud a "natural
hue to save the great cost of surveys."

WHO ROBBED ONTARIO ?

In May, 1881, Sir Francis Iliucks delivered a lecture on the bound*
ary question; and in the following year replied to some criticisms upon
that lecture. It was then discovered for the first time that, so far from
fulfilling their appointed mission, they had deliberately rejected both
the Dominion and Ontario lines, and struck one for themselves without
regard to the limits fixed by statute. In fact they admittedly robbed
Ontario. From Sir Francis' lecture and his letters to the Globe we
make the following extracts :—

" The effect of selecting the natural boundary was, as any one can
see from the map, to take away from Oxtaiuo a coxsiDEnAULE quantity

OF LAND, AND TO GIVE IT TO TUE DOMINION."

" The boundaries thus determined were in no sense 'conventional,'
having been fuund by weighing every particle of legal evidence working
for or against the claim of either party to the dispute, and decidino

EVERY DOUBTFUL POINT AGAINST ONTARIO."

" The only question as to the western boundary was whether it
SHOULD NOT HAVE BEEN 450 MILES FURTHER WEST ', and, as to the northern
lK)uudary, whether it should not have been formed by a line due west
from James' Bay, which would have given to Ontario a very muoii

GREATER TBRRrTOBT TIUN WAS HELD TO BE LBQAXa.Y UEIts" — '(tUut i» by

tka axbitratora).

It in oloar from theHe facts, that the real robbery at Ontario moat
))« laid at tho door of those who wore ineuBting upon the bonndariea an
determined ')y the Arbitrators. They "took away" territory from
Ontario and " gave it " to the Dominion. By an appeal to the Jndioial
Committee tliis Piovince will gain every acre to which it is entitled,
uud that is Miiut we want — ueither more nor lesH than onr legal righ ts.

DOES THE AWARD SECURE TO ONTARIO ITS LEGAL

BOUNDARIES?

Tlio answer to this question may be given in the wocda of a^
Ontario Statute. In the preamble of 42 Tio,, cap. 8, we read: — ** And
whereas, thu effect of the award ih to give to this Pbovinob lbbh
TKRRiTORT than had been claimed in behalf of the Proyincb, and
more territory than tlie Government of Oanada had contended to be
witliin the limits of the Province, or then was contained within the
Provincial lines aforesaid."

Mr. Mowat's organ ban tlio temerity to assert now that Ontario
knowingly claimed more than its due so as to secure a portion of it.
If so, the Local Government must have acted dishonestly, becanso
they had in hand all tlie docameuts and stated the case with their eyes
open. Is the Globe's accusation against its leaders — serions and
damaging as it seems — formed in trvth ? Certainly not. as may be
easily proved.

Let us first take Mr. MillB' view on March 12i^, 1875. Sir John

Macdonald, in discussing the North West Territories Bill, said —

" According to one contention, the head of Lake Superior belongs
to the North- West; according to the other contention (and he thought
that would be supported by the hon. member for Bothwell), the ^o-
vince of Ontario runs to the Lake of the Woods, or perhaps farther."

Mr. Mills — " Very much farther." Debates, 1815, p. 668.

Subsequently Mr. Mills said :—

" Under the Quebec Act of 1774, the western limit cf what now re-
mained to us as the old Province of Quebec, was fixed at the forks of
the Saskatchewan, and the head waters of the Mississippi. By an
Order-in- Council that was adopted in 1791, it was declared that the
western limit of the western portion of Quebec erected into Uppof
Canada, shall extend to what is known as the western limit of Canada
under the French. That, he apprehended, wotjld extend to te^

rocky M0UNTAINS."»-/ft?W, p. 661.

Mr. Mowat, however, clearly saw that an Order-in-Corr ci' jould nut
supersede an Act of Parliament, he, therefore, stated i;i '. io's Wise
thus : — '• Ontario contends that a tme construction of this language
(that is, of the Quebec Act) requires that the line northerly from the
confluence of the Ohio and Mississippi should follow the Mississippi
TO ITS SOURCE."— .S«M. Papers, 1882, No. 69, p. 269.

In making that claim, the Attorney-General unquestionably believed
it not to exceed Ontario's due, and, therefore, he has never oeaaed to

•xmjplttiu, biuue tho awjix J was uiaiio, that it cleprivos Outario of a very
largo portiou of her territory. Is it not evident, thttn, that nnlesH
Outario'b ca.sti be ultogethor baHelesH, uhu iH entitle<l to much more
teiritory than wan conceded by the award ? Such being the state of
ailairB, what have wo to fear from an appeal to the Queen'H Privy
Conncil — a tribunal in which the people of tliis Province can repose
implicit confidence, and whose decision would bo conclusive,
unthoritativo, and final? And now let us quote the words of Mr.
Laurier, not as they were afterwards toned down by the hon.
gentleman but as they appeared in the official reporter's notes : —
"But let me refer to the position of my fellow-countrymen from
the Province of Quebec. When it was asserted we were sacrificing
the rights of our Province, it was objected that the territory of Ontario
w.'iH already great, and that this award made it still greater ; and it

was added if a large population settled there, Ontario would have a
large preponderance of power in the Dominion. Now, lot us sup-
pose that the question is oi>ened anew. The award may bk skt aside,
AND IT may be tuat Ontauio wili, BE INCREA8KD to the extcut claimed
as her right by tho Dominion Government, or it may be that tht?
territory of Ontario will bo increased to the extent claimed by Ontario,
and granted by Sir George Cartier (!), namely to tlie Red River — what
then ? You will have the Province of Ontabio made orbateb than
IT IS BY THE AWARD." — (■onuiioiis Debates, Avril 4, 1882,/). 25.

We have then Mr. Mowat accepting the award, although he contends
that it does not give Ontario one-thirteenth of the territory to which
she is entitled ; and Mr. Laucior, from Quebec, also accepting it because
ho fears that an appeal to tlio Judicial Committee will give this Pro-
vince much more that the arbitrators conceded it. Is it not clear, from
thoHo statements, that the award does not define tho true legal
boundaries, and that Ontario has everything to gain by its rejection,
aud a roforonco to tho highest tribunal in the Empire ?

PARLIAMENT AND THE AWARD.

It is necessary to insist strongly and emphatically that a rejection
of the award by tho Dominion utterly destroys it. Upon this point,
however, there is further evidence at hand. Mr. Blake's view in
187C as to the duty of the arbitrators, and the scope of the reference
has already been cited. Let us see what he thought of the power of
Parliament in 1880. He was then opposing the appointment of the
Dawson committee.

The question, what was the true boundary, was the question for
resolution. I wo not pretend we are absolutely bound by this award,
nor does any man sitting on this side of the House. It is certain we
are not so bound and that the Act made (Sie. though probably would

1)0 "only maae") by wljicli this country can be formally bonnd by any
award, in an Act of Parliamout, and that tho power to decide questions
of tiiiw kind, even by Acts of Parliament was Riven na, not very long
ago, by an amendment of tho British North America" Act.— <7«mmow'«
/h'bat,; Fch.lSfliylSSO.

At that time Mr. Blako evidently hold that tlio fate of the award
depended on its acoopfcance or rejection by the Dominion Parliament.
In 1880 the Cornmous bad appointed a committee which reported ad-
versely to tho award. But no action was taken upon it — a fact to be
carefully borne in mind whou the so-called inconsiHteucy of the Ontario
Opposition comes under review.

In the same debate just rofeirred to. Sir John Macdouald followed
Mr. Blako, and thus clearly expressed bis opinion of tho award : —

"It was loft to arbitration ; and to sb.ow how imwiso it was to
leave it to arbitration — although the question submitted to the arbi-
trators was tho ascertainment and sotilcmeut'of tho true boundary be-
tween (Ontario and the North-V\'^ost, they laid down a mere convea-
tional, a convenient boundary.

Mr. Mills— No.

Sir .JoRn Macdonald — Yes ; I coukl pvovo it in any court in the
world. They did not affect to set up the tru'.^ boundary according to
law ; hut they thought this would be a coiiver; iit and expedient
boundary. They had no right to do tins, tboy vstut beyond their com-
mission in doing it They did not find the

true, boundary, and not having found it iiir.iR awaeo is a pieck of
WASTKD p.vpEK, and the claim of the Dnruiaion, according to law, remains
unaffected in any way by that inciiectivo, ineffectual, and illegal
award."

This explicit declaration of the Dominion Government's position

towards it was not made, let it be clearly noted, until the 18th of March,

fifteen days after the Outaiio Opposition had supported for the second

and last time, Mr. Mowat's resolution adhering to the award. The

aspect of affairs was cutu'ely changed by this statement, and, in the

refusal to give effect to the award, at once destroyed any value it may

have possessed. On the 4th of April, 1882, the House of Commons

jtassod a resolution, by a vote of 110 to 44, disposing of the question :

" That, in the opinion of this House, it is expedient that the West-
ern and Northern Boundaries of the Province of Ontario should be
finally settled by a reference to, and an authoritative decision by either
the Sujuemo Court of Canada or the .Judicial Committee of the Pri\^'
Council, of Groat Britain, ov by tho Supreme Court in the first place,
subject to the tmal submission to the Judicial Committee, as the Pro-
vince of Ontario may choose, etc." Scxx. Pajti'rs, Out., 188'-^^No. 69, p.
490. This roKoiutiou proposed by Mr. Plumb, will be referied to here-
after in connection with any arrangements for the management of tho
disputed t<3rritory pending the reference proposed.

Mr. Mowat had no right to offer objection to an appeal to tho

Bupcemd Ooort, beeaose he had placed upon the Statate-book an en-
aotawnt that that Ooart should have jurisdiotiou : —

** Oi oontroTeraies between the Dominion of Canada and this Pro
rtnoe." 40 Vie. e. S, Seo. 1.

The Ontario Premier notwitlistanduig this Statute, objected that
the decision of the Supreme Court would not be final — an objection
which would be against a reference to the Supreme Court of any-
** oontrorersies" ouming under the Act juHt cited.

MB. MOWAT'S SURRENDER.

Tt may surprise many of his supporters, by whom lu> is looked up
to as an uncompromising champion of the award, au«l uothiug biit the
award, to learn that long before the Dominion Goveruineut or Parl'a-
ment had pronounced upon the question, he made a clot^u' ttdmisKiou
that that award was a dead letter. Yet such Ls the uudoubted fact.

On the 1st of February, 1H81, a full month before ho was urgiug the
Assembly to " stand by " the award, he wrote to Ottawa as follows : —
" I trust, also, that authority will be given to the Ontario Govern-
ment to deal with the land and timber in the disputed territory, sub-
ject to our aooooutiug therefor, in case our right to the terntory ^should
not be maintained." — Hesa. Papers (cw above) p. 404.

On the 16th of March in the same year, the Ontario Pi-emier pressed
the Dominion Qoyemment not to extend the easterly boundary of
Manitoba, bat that such extension shall " be provided for by future
l^islation should any competent authority decidk that untario is

KNTnXKD to LBSS TKBBITOBT THAN BY THE AWARD IS DKCLARED TO BELONG

TO THIS PBOVINOB." 8«»a. Papers, Ont., 1882, No. 69, p.p. 409-10.

On the 1st of November, 1881, in r. Report to the Executive
Ooondl, Mr. Mowat, the ujiflinching and uncompromising champion of
the award, wrote t : follows , " The undersin^ed ventures to recom-
mend that he may receive authority from your Honour in Coimcil to
endeavour onoe more, by personal conference or otherwise as may be
fonnd expedient or useful, to ascertain for the information ajid action
of this Qovemment, and of the Legislature of Ontario at its next Ses-
sion, whether the Federal Oovemment and the Government of Mani-
toba oan now be induced to concur in any mouk of accomfushino a

PEBMANBNT SETTLBBIENT IN RELATION TO THE DISPtTTKD TERRITORY in COU-

neotioii with adequate and proper provisional arrangements ; and if
so, what the best terms appear to be to which those Governments may
be prevailed upon to accede." Sma. Papers, 1882 {as above), p. 461.

THE PREMIER'S INCONSISTENCY,

In the Report j:::.]t quoted, a passage occurs to be given in full
hereafter, in which Mr. Mowat recommends the statement of a case
*' for the uamediate decision of the questions at issue by Her Majesty's

Priry Oounoil," And yet the Lieutenant -Governor, in a despatch
dated 18th February, 1882, in made to way that the consent of Parlia-
ment is not necesHacy to give validity to the award.
TheHe are the words :

" The recognition of the Av-rard by tlio Par; lament of Canada i.s
desirable to prevent doubts and disputes ; but my Government do not

ADMIT THAT THE AWARD HAS 10 LKOAL FOKCK WITHOUT SUCH PaRIAMENTAEV

action. It is to be remembered that the British North America Act con

TAINS NO PROVISION GIVING AUTHORITY TO PARIilAMENT TO DKAL WITH THK

BOUNDABii!.a OF THE DOMINION OK PROVINCES ; and my Government con-
tends that the reference was within the powers incident to executive
authority." Se,-^s. Fapent, 18B2, Nn. 69, p. 474.

The des|)iitch goes on to say that as a reference to the legal tri-
bunals would have been proper; so must be a refeumce "with the
acquiescence of Parliament for several years "—which was never given
— to a " Tribunal " created by the two Governments. Tliis is Star-
Chamber doctrine with a vengeance Let us see what tills passage now
shows : —

1. An udmissiou of the doctrine previously denied that although
with the consent of the Province, Parliament can extend its boundaries ',
yet it cannot fix them as legally defined by an Imperial Act. That
is precisely what Sir John Macdonald has all along contended, and it
outs the ground from 'inder Mr. Mowat's feet when he urged that the
awarded boundaries might be settled under the " B. N. A. Act,
1871." This argument, if it amounts to anything, proves that an Im-
perial Act is required.

2. The legal tribunals in Canada are constituted by statute, and
by statute is their jurisdiction declared. Their decisions are binding
subject to appeal to England, because they are the creations of law and
not otherwise.

3. On the other hand, no authority given by the B. N. A. Acts, or
any other Act, authorizes the executive to create a Tribunal — the
initial capital is not ours — without legislation, Tilings have come to a
fine pass when a Reform Government contends that, of its own mere
motion, the Executive can clothe a tribunal of its own croa.tion, with

all the attributes of a court of justice.
«
To shifts so desperate, and positions so distinctly unconstitutional,
has Mr. Mowat been compelled to resort. And be it observed that this
untenable ground is taken after the Ontario Legislature had solemnly
declared in 1874 {Rev. Stat. Ont.c. 4, clause quoted) thatthe award is "sub-
ject to the approval," and consequently, invaUd without it; in the teeth
of Mr. Blake's admission ; in cruel disregard of Mr. Mackenzie's " usual
caution," and in utter forgetfulness of Mr. Mowat'sown admissions on the
subject. Finally, on the 9th of March, lftrt2, the Ontario Government re-

curiofi to the old constitutional position, and contemplatod an inunedi
ate appeal to the Imperial Privy Council, not as desirable in itself, but
as a disagreeable necessity ! See Resolution 9 moved by Mr. Mowat
ir. Sens. Papers, 1882, p. 486. Thus within less than a month we find
Mr. Mowat posing as a modern Strafford, and ignoring the primary
maxims of responsible Government, and then wheeling back into the
constitutional line he had taken at first. Could weakness, vacillation
and inconsistency exhibit themselves more pitiably ?

THE LAST HOPE SHIVERED.

On the 31st December, 1881, the Lieutenant-Governor was made
to say : — " Without such provisional arrangements" (of which here-
after) "this Province may as well wait for the confirmation of the
award, which (ho far as concer is the rights and powers still remair" -
to the Dominion) my Goveknmknt confidkntly expkct from anot a
Parliament, as go to the expense and have the unavoidable delay of
a second litigation." — 8esn. Papers {a.<f above) p. 464. In order to
" materialize" this hope, if we may borrow a term from SpirituaUsm,
the Ontario Premier and his colleagues took the stump in Ontario, aided
by their Dominion allies. With what result '? They were badly routed
on theh own ground, and "another Parliament" will maintain the same
position as its predecessor, mth no prospect of any change for five
years, and the slenderest possiblity of one at the end of a decade. One
would have thought that, after the unmistakeable verdict of last June,
Mr. Mowat would ha\ o been found amenable to reason. He knows
full well that there is no chance of the award being ratified by the new
Parliament ; Mhy, then, does he not unite wit'i the Opposition in
appealing, without delay, to the highest Court in the Empire ? Simply
because he is, above all things, desirous to keep his place, and thinks
to do so by fraudulently posing as the champion of Ontario. He
knows, no man better, that even if he were returned again with a
majority at his back, both he and his obsequious following would be
impotent in tlio matter. They must either adopt the poUcy of Mr.
Meredith and his party, or keep Ontario out of its territory for years to
CDme. In the former case he is seeking the support of the electors on
false pretences ; in the latter, like the dog in the manger, lie wiU
neither secure to Ontario the territory which is justly hers, nor allbw
anybody else to do the Province that essential service. Ought the
people of this intelligent country to be dupod by duplicity so trans-
parent ?

THE ATTITUDE OF THE ONTARIO OPPOSITION.

The Government, followed by its supporters in the House and in
the press, is making a desperate, yet utterly hopeless, attempt to fasten
a charge of incnsistenoy upon the mcnnbera of the Ontario Opposition.

ThedemagogneB have even gone so far as to stigmatize those who, whilst
determined to secure Ontario's rights, propose to adopt the only prac-
ticable course to that end as " unpatriotic" and as " traitors to Ontario.'
Now, what course would any rational man pursue, under existing cir-
cumstances, supposing only his own private interests were in question ?
Let the reader simply review the <lispute in imagination, and-put hiru-
self in place of the Province. This may readily be done by following
the course of the boundary dispute. The assent of Parliament to the
award is, beyond question, necessary to its enforcement. Any result
of arbitration, whether it regards private or public property, " subject
to approval" from the Legislature, becomes absolutely null and void
when that approval is peremptorily refused. The Ontario Opposition,
so to speak, effaced itself, and followed the Goverftnent in urging the
award upon the Dominion Government, so long as Parliament had not
pronounced its linal decision regarding it. Even after Mr. Dawson's
Committee had reported adversely to the award, in the absence of any
authoritative decision by Parliament, it was st'.ll open to both Provin-
cial parties to " stand up" for the award.

Under these circumstances Mr. Meredith. and his friends voted for
the resolutions of 1880 and 1881. They were not bound by the language
in which the Government couched their motions, but simply suj^ported
the conclusion arrived at on both occasions. So far the Opposition
simply acquiesced in what was then a practical course of action. But
the Dominion Parliament, had by the terms of the reference, and
by the admission of the Ontario Legislature, embalmed in statutory
form, a right to accept or reject the award. Mr. Mackenzie, •' with his
usual caution," had reser/ed to himself the right to take the latter
course for cause. The present Government at Ottawa, beUeved that it
had cause, and therefore acted as the late Premier intended to do,
under similar circumstances. Whether the reasons which moved the
Dominion are valid or not is beside the question. All that concerns
those who desire to see the dispute properly and speedily adjusted is
that this award has been rejected clearly and definitively, and therefore
'• standing up " for it is utterly vain and futile.

MR. MOWAT THE FIRST TO GIVE WAY.

It is alleged that the Opposition after pledging themselves to press
for the ratitication of the award, abandoned its position in 1882. Is
that true? The resolutions of 1880 and 1881 could only have any
meaning so long as there was a prospect of inducing Parliament to accept
the award. Of what possible use could any pressure at Ottawa be after
the explicit declaration that the award was not to be ratified ? Without
that ratification the award became a dead letter, and no rational man
cotild be bound by any pledge to stand up for an instrument, which, for
all practical pui-poseB, had ceased to «xist. With the declaration of

Sir John Macdonald in 1881, and the resolution of the Hoase of Com-
mens in 1882, the award entirely disappeared from the scene, and all
that remained to do was to arrange for a reference to the Judiciary. *
That should be obvious enough' to every elector of Ontario.

Further, the charge against the Opposition, resolves itself into
this, that after having promised to sustain the Government, so long as
there was any utility in so doing, tliey afterwards changed their minds,
and proposed a reference to tlie Judicial Committee. Well, who be-
gan it ? Who first set the example of adapting himself to altered cir-
cumstances ? Mr. Mowat, months before the resolutions of 1882 were
introduced.

In a report already referred to, dated November Ist, 1881, the
Premier iwrites : ^ "If this Province were willinr^, the Federal Gov-
ernment, and the Government of Manitoba might now oonoux with
this Government in stating a case fob the immediate decision of

THE questions AT ISSUE BY HEB MAJESTY'S PBIVY COUNCIL (WHICH WAS A

PBOPOSAL OF THE FEDEBAL oovEBNMENT IN 1872) ; and might in conneo-
tiontherewith concur in some reasonably satisfactory provisional ar-
arraogements," &c. — iSesn. jPa^jcra,, 1882, No, 69, p. 460.

Nor is ttiat all. Among the resolutions proposed by Mr. Mowat
on the 9th of March, 1882, will be found the following : —

"But this House concurs with the Government in recognizing the
possible expediency, under all the circumstances, of an immediate re-
/Wence of the Privy iJoundl of the questions of the award and. the
boundaries on the condition (in order to avoid further delay, and un-
uecessary difliculty) that the reference shall be based on the evidence
collected and printed for the arbitrators, with any additional docu-
mentary evidence, if such there is ; and on the further condition that,
pending the reference, the territory, its popxdation and lands shall, by
the legislative consent of all parties, be su1)ject in all respects to the
laws of this Province, including the jurisdiction of its Legislature and
Goveriunent." -SV.fs, Papers {m ahove),p. 486.

THE OPPOSITION AMENDMENT.

From this remarkably lucid and logical document a few para-
graphs may be inserted here : —

" That the award made by the Arbitrators being, as it now is,
by reason of the promises, wholly nuoatobt and inoperative, the

WHOLE QUESTION REMAINS X7NDETEBMINED, AND THE PABTIES TO THE
NEOOTIATIOVS ARE REMITTED TO THEIR ORIGINAL RIOHTS AND POSITION, and

it is now, in the judgment of this House, in view of the grave difficul-
ties and inconveniences arising from delay, of paramount importance
that an early settlement of the question in dispute shall be come to."
" That in the opinion of this House, it is the duty of the Govern-
ment of Ontario, under the authority of the resolution above referred
to (the reference to arbitration having proved abortive) to take steps

FOR THE IMMEDIATE SUBMISSION OF THE MATTSRS IN DISPUTE BETWEEN THE
TWO GOVERNMENTS FOR DECISION BY THE ALTERNATIVE MODE AUTHORIZED

BY THE SAID RESOLUTION — a reference to the Judicial Committee of Her
Majesty's Priv^ Oouncil,and a mode which was proposed by the Govern-
ment of Canada, led by Sir John Macdonald as early as the year
1872, and which that Government is stiTI wilhng (as shown by the

r^7

oorrespomlenco submittt .ng the presout So.-.siou, w -lurec; to,"

-dess.paperg (m above), p. ASS.

" That the correspondence with the Dominion authorities sacislieK
this house that the Government of the Dominion, notwithstaudiny that,
by the terms of the agreetneut lor the adoption of the conventional
boundaries before referred to. ib in entitled to administer th« lands,
in the territory weat and nortli of tlio conventional boundaries until
the final adjustment of the truo boundaries of the Province is pkk-
PARKD to come to reasonable arrangements Foii the oovkunmjcnt ano

ADMINISTRATION OF AFFAIRS IN THE TERRITORY IN DISPUTE ; and in the

opinion of this House, it is the duty of the GovernrTjentof Oatirio tr,
enter into immediate negotiations with the OovcU-iment of ihn Domi -
nion, wi,h a view to effecting su^tall:; arran^'ouopt-i of t'uic «'r'i;ictfr.
including an oqnitablo arrangomont lor tlic (idiuiuiHtiaiiou an- 1 di.-[H)>:il
[of the lands in the territory in dispute.' — (Ihid, p. ibO.)

Now the only difference between Mr. More lith'H pl.'ui and the
Governments is not regarding the reference to tlie Privy Council, but
as to the provisional arrangements to be made in the mean time. If
then the members of the Opposition are to bo charged with " treason "
and inconsistency so is Mr. Mowat, with this imijortnnt dit^tinntion
that to him belongs the honour of setting the examjyle I

xVN IMPOSSIBLE PROPOSAL.

The Ontario Government showed its insincerity by repeating a
proposal made and rejected by the Dominion long before, as already
proved by an extract given from Sir. John Maclonald's Report of
November 7th, 18G2. That proposal was to place the territory pending
a settlement, under the contr olof the Government of Onu io. The
Dominion objected then — (1). Because ib doubted its power to do so, but
(2), because it would tend " to render one party to the dispute less anxi
ous possibly for its settlement, but also calculated to EXKiiciSE a fUE-ru ■

DICTAL INFLUENCE ON THE ULTIMATE ASSERTION uK THE lUGHTS OV THK

DOMINION." — Settn. Papem, Ont. (as above), p. 2."B.

Indeed, no Canadian Premier, without butrayitii^ his trust, could,
for a moment, entertain such a proposition. Let us see what Mr.
Mackenzie, then guardian of the Dominion interests, said upon this bub
ject in 1870. Speaking of the assiatauce he had received irom th<»
Hon. Mr. Morris, then Lieutenant-Governor of Manitoba, he .-aid : —

•• Although we were not politicallv allied, it does nob prevent u.-*
from entering cordially into matters counected with these lerrit<ni<'s,
and it was entirely his opinion, as well as the opinion of thih Ad-
ministration, THAT UNTIL THIS BOUNDARY QUESTION BETWEEN OnT.VRIO

AND THF. North- West Territories is settled, the portion west ok-

MANITOBA SHOULD BE GOVERNED BY THE AUTHOFUTY SETTLKD IN THE PUO-

viNCE. We cannot apply the laws of Ontario to any part of that terri
tory, although it may belong to this Province until the boundary is 'it;-
oidedon." CotumonH Df:b<U<ii, 1S7G, p. W7.

To Mr. Blake :

"The propoi hion wae simply to keep tlie ^hitu.^ quo in tins Uiri

tory ONTiL IT \TAS EITHER ANNBXKD TO MANITOBA or Otherwise dealt with
so as to be iu possession of provincial rights and privileges." — Ibid. p.
461.

We have thus the united authority of Sir John Macdonald, Mr.
Mackenzie and Mr. Blake against the irrational proposal made by Mr.
Mowat. The boundary question is still unsettled, nor is it likely to b«
adjusted, so long as the present Local Government remains in power ;
therefore, the pet scheme of the Premier stands condemned by th«
chiefs of both parties.

THE OPPOSITION AMENDMENT OF 1883.

It has been noted that, with the exception of one spasmodic sen-
tence, the Ontario Government has always admitted that the award re-
uired the sanction of Parliament to give it validity. Proof of this
may bo given from the protest against the admission of Manitoba
as a third party to the dispute. Said Mr. Mowat, through the
Lieutenant Governor :

'* Hitherto the assent of the Dominion of Canada to a settlement
of the question has been necessary for that purpose and would bo
unmcient."— Despatch, 15th Ma, oh, 1881. '!>Vw. Papers, 1882, No. 89,
p. 409.

The complaint was that now Manitoba's assent was also neces-
sary. The Dominion having since refused to ratify the award, there is
an end to it, Mr. Mowat himself being judge. That fact was recog-
nized, though thrust in the background in the resolutions of 1882, pro-
posed by the Government, and clearly set out by the Opposition. In
1883, Mr. Meredith proposed the following motion : —

" That this House, in view of the declarations of the leader of the
Government that ' the urgent importance of the immediate settlement
of the boundaries of Ontario has been rrpeatedly affirmed by the
Government of Canada before Confederation and afterwards, and the
urgency has been increasing year by year,' and that ' it never was so
' great as it now is,' regrets that no steps have been taken bt ths

GOVEUNMENT OF ONTARIO FOU THE FINAL DETERMINATION OF THE BOUND-
ARIES IN DISPUTE BY MEANS OF A REFERENCE TO THE JUDICIAL COMMITTKH

OP THE Privy Council of England, although the Federal authorities
continue to urge upon tliem a settlement by that method, and evince a
williiiguoHs to agree to just arrangements for the administration of
justice, and the uiauagement and disposal of the lands in, and the
government of, the territory in dispute, pending the reference ; and, in
the ojjinion of this House the responsibility for the evils arisino

FROM THE DKLAYWHICH HAS OCCURRED SINCE THE REFUSAL OF THE PAR-
LIAMENT 0/ Canada, to give effect to the award, or which mat

HEREAFTER TAKE PLACE, RESTS UPON THE GOVERNMENT OF ONTARIO."

Such is the " stand" which the Ontario Opposition have taken,
and are pr' 'pared to abide by, wlien its members face the electors.
Not a statement of f ict can be disputed, and the conclusion that upon
tile Government's shoulders r.;sts all responsibility, past and to come,
for any delay in the securing of Ontario's just rights is irrefragable.

.?;

THE DOMINION PROPOSALS.

Ministers have more tban once asserted, even during the late ses-
sion, that the Ottawa Government has male no propoaitious whatever
regarding the provisional government and Jidministration of the dis-
puted territory. It may, therefore, bo well to place in juxta-po.sition
ihe actual suggestions of both parties, so that the electors may judge
for themselves how far this statement is true ; and then whether the
Dominion proposals seem fair and equitable or otherwise.

ONTARIO PROPOSALS. DOMINION PROPOSALS.

The evils arising from this state of
things are so great, and are increasing
so rapidly, and it is so important that
that the Province should without further
delay secure peaceable possession of
whatever limits it is entitled to, that
my Government would be willing, with
the concurrence of the Legislature, to
submit the matter to the Privy Council,
on condition of consent being given by
the Dominion Government and that of
Manitoba, and by the Parliament of
Canada and the Legislature of Mani-
toba, to just arrangements for the gov-
ernment of the territory in the mean-
time.

Without such provisional arrange-
ments, this Province may as well wait
for the confirmation of the award,
which (so far as concerns the rights and
powers still remaining to the Dominion)
my Government confidently expect from
another Parliament, as go to the expense,
and have the unavoidable delay of a
second litigation Sess. paper 6g, page
464.

(1) By reason of the award, and of
its accordance with the contentions of
the Province and Dominion of Canada
up to 1870, the prima facie title to the
territory must be admitted to be in the
Province of Ontario ; and it was there-
fore proposed that, pending the dispute,
this Province should have the authority
of the Dominion to deal with the lands
and timber (as in the other parts of the
Province), subject to an account if the
title is ultimately decided to be in the
Dominion, and not in the Province.

(2) As (without a state of practical
anarchy) there cannot continue to be
two systems of law in this great territory
of 39,000 square miles, the law of
Ontuio should, by proper legislation.

That, in the opinion of this House,
it is expcdicm that the western and
northern boundaries of the Province of
Ontario should be finally settled by a
reference to, and an authoritative de-
cision by either the Supreme Court of
Canada or the Judicial Committee of
the Privy Council in Great Britain, or
by the Supreme Court in the first place
subject to a final submission to the
Judicial Committee, as the Province of
Ontario may choose ; that such decision
should be obtained either on appeal in
friendly action brought for the purpose,
or by reference to the said courts, or
both of them, by Her Majesty, under
the powers conferred upon her by the
Imperial and Canadian Parliaments, as
the Government of Ontario may perfer j
and that the said reference should be
based on the evidence collected and
) , ined, with any additional documen-
ta.y evidence, if such there is, and that
pending the reference the administra-
tion of the lands shall be entrusted to
Joint Commission appointed by the
Governments of Canada and Ontario.
— Sess. papers 6g, p. 4^0.

" ^o. As regards the (iovernment of
the country, and the enforcement of law
and order in the meantime, it was in-
TJMAiEP TO Mr. Mowat, at thk in-

TKRVIEW AHOVK RKKF.RKK1> TO, THAT

THE Government ok the Dominion

WOUMl BE READY TO A(;REE TO SUCH
MEASURES AS WERE NECESSARY TO
PREVENT CONFUSION IN THESE IM-
PORTANT RKSi'ECTs. The suggestion

be declared lo povem in regard to
matters which, by the British North
America Act, are within Provincial
jurisdiction. This, or any other arrange-
ment with regard to these matters, will
DOW require legislation by Manitoba.

(3) It was further proposed that,
pending the dispute, the jurisdiction of
our Courts and officers should be re-
cognized and confirmed ; and that the
jurisdiction of our stipendiary magis-
trates in the disputed territory should
be increased to the extent contemnlate<l
by the disallowed Act, 42 Vic, cap. 19,
Ont. This extended jurisdiction, it
may be observed, would not be so great
' as the jurisdiction which has been con-
' ferrctl by Dominion Htati«'es upon simi-
. !ar magistrates in the territories of the
-, Dominion. To prevent doubts, there
' should be legislation by the Federal
Parliament, and by the Legislatures of
both Manitoba and Ontirio. — Ibid. p.

464-5-.

Or, if the Dominion Government is
not willing to agree to the arrangements
suggested, my (lovernment would be
glad to b^' informed what the best terms
are to which your Government is pre-
pared to agree, for the final settlement
of the question of right, and for the
provisional government of the territory
in the meantime. I beg to remind you
, once more that since the award, no
terms have ever been proposed to this
<iovernirient with reference to either
miatter, unless it may be in the informal,
:md so far nugatory, negotiations which
liave recently taken place with the At-
lorney General. — Ibie. p. 465.

But this House concurs with the
tlovernmentof the Province in recogni-
zing the possible expediency, under all
the circumstances, of an immediate re-
ference to the Privy Council of the
<!uestious of the award and the lx)un-
tiaries, on tlie condition (in order to
avoid furlUer delay and unnecessary
<li3iculty) that the reference shall be
li.ised on the evidence collected and
: firinted for the Arbitrators, with any
• additional documentary evidence, if
«nch there is ; and on the further con-
<iition that, pending the reference, the
territory, its population and lands,
shall, by the legislative consent of all
parties, be subject in all respects to
the laws of this Province, including
the jurisdiction of its Legislature and
<'iovernment. — Ibid. p. tSb.

was then made that all justices of the
peace residing in the disputed territorr
should receive commissions from both
Ontario and Manitoba, that all the
judges of Ontario and all the judges of
Manitoba should be put in a

JOINT COMMISSION AS REGARDS THB

DISPUTED TERRITORY ; the laws of
Ontario and Manitoba being alike in

MOST RESPECTS, NO CONFUSION WOULD

FRORAUi.Y ARISE. That in criminal
matters the Act 43 Vic, cap. 36, had
made, it was thought, satisfactory pro-
vision, OR IF THERE WAS ANYTIIINO

deficient the government of thb
Dominion would re ready to
ASK Parliament to supply it.
That where there was found to be a
practical difference between the laws of
Ontario and those of Manitoba, the
Government of the Dominion would
use its good offices with the Govern
ment of Manitoba to induce them to
consent that the law to l>e administered
should be that of Ontario as regards all
matters of provincial jurisdiction until
the legal limits of both provinces shoukl

be finally ascertained
past 47/.

Sess. papen,

See Abom.

The reader may now estdmate at its true valae the Ontario Oovem-
ments contention that the Dominion has made no o£fer to negotiate ,

touching provisional arrangements. Now what proposal could be fairer ' ^

than that of a Joint-Oommission, prejudicing no claims, and giring on
dne advantage to neither party ? The civil and criminal jurisdiction
would both be provided, and in addition the equitable administration
of the lands and timber. What more can Mr. Mowat want, ? unlem
the power to manipulate the lands and timber so as to eke out his de-
pleted surplus, and give him other capital as a fund for extravagant
outlay— other territory as a new fiold of patronage ?

ON CONDITION.

There as elsewhere, during the controverRy, the Government ban
chiefly distinguished itself by a plentiful use of "ifs" and "buts." In
1881, as we have seen, it was in precipitut<j haste to go to the Judicial
Oommittoe " on condition," and then " on " the farther conditions
"that he could lay his hands on the "land and timber." During
last session Mr. Mowat was asked point-blank whether he would
accept the Joint-Commission. His answer was, " Yes, upon condi-
tions." How has it come to pass that it liaH taken him nearly a year
to come to this conclusion, and why, instead of using the question as
a demagogue would nse it, does he not boldly, like a man, tell the
Dominion Oovomment on what " conditionH " he will accept the re-
ference to England, and the Joint-Comuiission ? His only reason is
because ho thinks more is to be made at the polls by exhibiting the
corpse of the award, which he intends to fling in the ditch as soon a^
it has served his purpose. The entire history of the controversy
shows, beyond doubt, his settled plan to delude the people of Ontario.
Enough has appeared during the last session to show that the Gov-
ernment is acting an insincere and disingenuous part. They know
well enough that the terms of a new reference alone concern this Pro-
vince, and that their protended championship of the award is a
hollow sham.

THE APPEAL TO POPULAR PREJUDICES.

Instead of honestly declaring that there is only one course open for
adoption — a course to which Mr. Mowat has clearly committed himself,
ministers appeal to the constituencies to sustain them in a course they
have perforce abandoned. Even if the award were still likely to be
ratified, the Premier ought not on his own showing to accept it. He
holds with Mr. Laurier that Ontario would get more territory by ap-
pealing to tho Judicial Committee. Read his words on tho 26th of
January, 1882:
" It was to be remembered that it was not 100,000 square mii.bs

«HAT OlfTAHIO OIJUVBD, HUT A MILLION SQUARE MILR8. If Mr. MaokOUzie

liad proposed to paflw an Act confirminR the reHnlt of the arbitration^
which, it favorable to Ontario, mi^lit have given thoni a niilHon square'
milcH, it woul4 have boun biwliug." " Mr. Meredith Haid that the rea> ;
80U for tho (Mackon/ie) Government at Ottawa withholding its hauction ,
to tlio award was the jealousy of tho other Provinces. But if they'
found that objection insuperable, what would tlieir objection have been '
before tho award was made, and when an Act mnst have committed

TUK PaULIAMENT TO THK SANCTIONINCJ OF ONTARIO'S FULL CLAIM FOU ONS •
MILLION SyUAKK MILES ? "

From this we gather (1) the reason for tho use of Mr. Mackenzie a ,
usual caution ; (2) tho reason why Mr. Mowat's confirmatory Act was, ,
not to coino into force without a Governor's proclamation, so that ho
also might reject tho award ; (3) the fact that Ontario has boon de-
frauded by tho award ; and (4) that if it had been favorable to Ontario,
it ou<5ht to have given a million instead of 100,000 square miles, and
yet Mr. Mowat claims credit for " standing up " on behalf of so gross a
wrong to the Province I

THE SECRET OF THE GOVERNMENT'S COURSE.

It has been already seen that the entire delay in boundary adjust-
ment is due to the refusal of the Ontario Government to close with Sir
John Macdonald's proposal to submit the dispute to the Judicial Com-
mittee. His refusal to ratify the award of the arbitrators followed, as
a necessary consequence from the position he had always occupied,,
Mr. Mowat cannot compel the Dominion Parliament to rehabilitate the
award ; indeed he has candidly confessed that he must consent to a
new reference sooner or later. Then why delay, especially after bar-
rassing the public mind with tragic lamentations over the danger of
delay ? Simply because he fancies he has got hold of a delusive cry by
which to befool the electors of Ontario.

THE WARLIKE THREATS. i,rt>

It is with this object that, last year, in order to "make a spurt"
at the Dominion elections, he and his lieutenants became so bellicose
in debate. Confederation itself, and all that is wrapped up in the idea,
werely boldly menaced, merely to arouse popular passion. Let us recall
the language used, and pillory it for public reprobation. To begin with
the understrappers, Mr. Hay (2 ith January, 1882) : —

",Hk ADVOCATED THE SEKDI\0 OF AN ARMED FORCE TO THE DISPUTED
TERRITORY TO ENFORCE THE ADMINISTRATION OF THE LAW BY THE ONTARIO

GovERMMRNT. If tlio I*roviuce could not get justice by constitutional
means, then other measures must be resorted to for the maintenance

of her rights." ,j

Mr. Mowat was asked whether ho approved of violence, when the

following colloquy ensued : —

Mr. Meredith — Are you prepared to take the responsibility that
this Province should provoke a conflict — it may be with the miUtia of
the Dominion?

Mr. Hardy — Whkb« will you ukt vook voluntkkks? From
Ontario? (Laughter from the Ministerial Hide.)

Mr. Meredith Haid hou. gentlemen opposite were broaching
treason. He was surprised tliat a member of the Government, who
httd sworn allegi ince to the Crown, should advocate measures which
were treasonable to the beat interetjts of the country.

The Provincial Secretary insinuated here that our gallant volun-
teers would violate their oaths and their duty, and mutiny at his
bidding.

We may now turn to another traitor, Mr. Fraser : —

Mr. Meredith — The life of a single citizen of the Dominion was as
everything compared to tliis territory. Were hon. gentlemen prepared
to sacrifice the lives of their fellow citizens ?

Mr. Fraser — Lkt our fellow- citizkns keep out of ouk terhitort.

"Mr. Meredith said he spoke strongly on this subject, because he
felt strongly. Hon. gentlemen were desirous of making a party cry,
and that they and their friends might control the destinies of the Do-
minion tliey were wiUing to sacrifice the harmony and peace of Canada.
And what was their party at Ottawa ? A party that was bankrupt,
without principles or policy, and which at this moment was consider-
ing whether they should steal the policy of their opponents — (hear,
hear) — and were endeavouring at the risk of exciting open rebellion in
this province to get into power."

Mr. Fraser was quite ready for bloodshed to secure possession of
territory which his chief had declared not to be Ontario's until so de-
clared by some "competent authority."

MR. MOWAT'S MENACES.

From such men as Messrs. Hardy and Fraser, no one expects much,
but the Premier is usually credited with an average amount of consci-
entiousness, and some regard for his official oath as a sworn guardian
of the constitution. Let us hear what he had to say as a belUigerent :

"He had been and was a supporter of Confederation, but if it

COULD ONLY BE MAINTAINED BY GIVING UP HALF THE PROVINCE', CONFEDERA-
TION MUST GO. The advantages of Confederation were well enough if
the Dominion dealt justly with the province, but if our measures were
to be disallowed at the mere whim of the Minister of the day, and we
were not to lay claim to our own property without forrijoiwj the ailvantaijea of
Confederation we must foreijo them. Confederation in that view of it, wai
not worth haviny."

These words must be read in the light of the documents already
cited in which Mr. Mowat acknowledged that the title was incomplete;
that without the assent of Parliament the award was worthless ;
and offere<I to submk the dispute to the Judicial Committee. Could
disingenuousness be carried further ? On the 24th of Jan. Mr. Mowat
said :

" It would be remembered that two sets of laws existed in the dis-
puted territory, and two sets of legal machinery."

Two days afterwards ho said thiere were no laws there at all !

" If wti do not (;o tberu aud taku poBseHHiou oud administer justice,
iwud if we do not attempt to pro8ervo tho property by proper force, whO'
has a rigbt to do it?"

'Sovf uU this FolstaiT gasconading was utterly insincere. The
Premier had not tho slightont intention of doing other than enacting
tho part of Bombastos Furioso. He know that the Dominion elections
wore at hand, and hoped tf» carry thorn by playing the bully. Too lato
ho discovered tliat ho had rockonod without his host. When the-
redoubtable Convention uiot early tliis year, it was only to pass a reso-
lution cxproHsing tho most oiTusivo attachment to tho Dominion and tho
tendorost regard for each and all the sister Provinces. In the Assembly
Mr. Hay had "smoothed his wriukled front," and dreamed of war no
more. Tho Ministers Avere also silent about tho duty affirmed early hi
1883, of at once takui<4 possoHsion of tho disputcxl territory.

A changp: of tactics.

During tho lato session, tho Qovornmont abstained from passing a

siuglo resolution, or stating any definite policy for the future, con-tont-

iug itself with voting down tlio only practicablo and workable proposal,

that cmbodi(Hi in tho Opposition amendment. At tho Toronto Convorv-

tion, however, on tho 4th of January last, Mr. Ross, M.P. was put up to

move a resolution, of which tho following extract contains the pith : —

" That this award was accejited by the Government of this Province
as in honor bound (!), but was repudiate<l by the Government of the
Dominion ; that such repudiation is, in the opinion of this Convention,
a violation of public law and national faith, and an indefensible denial
on tho part of tlie Federal authorities, of tlio just claims and territorial
rights of this Province; and that thr majo-y and persistent assertion
by the Government of Ontario of these claims and these rights, ani>

'I'HBIR DEMAND FOR THE IMMEDIATE OWNERSHIP AND GOVERNMENT OF THH

AWARDED TERRITORY, descrve the support aud cooperation," etc.

This resolution, which Ministers dared not present to tho House

of Assembly .where its hollow hypocrisy and downright untruth would

havo boon mercilessly exposed, was doliboratoly put forth for election

purposes. It, in fact, represents the ?ido which Mr. Mowat would alono

present to tho people on the stump. Those who havo road the ovidonco

clearly submitted hero, know well that Mr. Mowat took no such por-

sistent stand, as this motion represents. It will bo found that there is

no roforonco here to the Government's reiterated expression of willin{i

iiess to go to the Privy Council. Lot us add an additional proof.

Mowat said in tho House, on tho 27th of February, 1882 : —

" And in view of these practical evils, it might ^e worth while toj^, ti-
ffo their objection to a sewnd Uti/jation if they could \nako a satisfactory
settlement in regard to provisional arrangements in tho meantime."

It may bo remarked hero that an appeal to tho Privy Council would

bo ajirst litigation. Mr. Meredith pointed out that tboro might bo a

want of agreement as to matters of fact. Mr. Mowat s reply was that

he " could not say what was Haid upon that subjoct, but ho had no ob
joction to BtatinK hiH views upon that -point. J/e thought thtre ipm no
(tiJUmlty in their gointj to th« Pritnj Oouucil, notwithttnndimj that there wm
a iUhjiuU in reyard to oerUiinfactt"

In plain English, the award, having been rejected, the Dominion
proposal for a reference, if provisional arrangements could be agreo4l
upon, should have boon accoptod. Those arrangements have been form
nlatod, and never accepted or rejocte<l by the Local Uo vcrnmout up to this
hour. They are waiting until the elections are over, and hope to gain them
by acquiescing in the false statement of the resolution just quoted. The
mover of that resolution, as well as the Convention which adopted it,
was well awaro of its disingenuousness. It is doubly culpable, first,
beoauso it suggests what is false, and secondly, because it suppresses
plain and notorious truths. Will the electors of Ontario consent to be
any longer duped by this Janus-faced party ? Mr. Mowat is going to
tho country as tho champion of on award which ho has practically
abandonod, with tho intention should hu succood of adopting tho very
policy his organs denounce as "inconfiistont" and "traitorous." That is
tho oxact position in which thoso politujal triokstorH stand to-day.

THE VALUE OF THE DISPUTED TERKITORY.

Tho Oovornmont has of lato manifested a strong dosiro to lay
hands on tho land and timber, that it may bo squandered away as
ro venue, and tho inevitable hour for direct taxation — tho penalty of
<3xtravaganco — put off for a decade. It has boon tho cuo, thoroforo,
to magnify tho value of tho disputed territory, so as to tompt not
merely tho feeling of selfintorost, but that of popular cupidity. This
was not always tho case. Tho disputed territory is barren, for the
most part, and speaking of it, Mr. Mackenzie said that it was not
worth tho money paid for it by the Dominion to tho Indians I But
there is later and moro precise cvidonco on record tlian that already
given. So soon as the award was made public tho Globe commented
upon it in on article from wJiicii wr take tho following portintMit
extracts : —

Tho "legal (?) boundary being defined, the question hrcoubs

StMPLY ONE of PUBLIC POLICY, AND THAT MUST BE HETTLLED BY FKIKNDLT
NTiOOTIATION.S BETWEEN THE TWO GOVKRNMKNTS, We DO NOT
BELIEVE THAT ONTARIO HAS ANVTHINQ TO GAIN BY ASSUMING THE CONTUOL
OK A DISTIUCT SO EXTENSIVE AS THAT NOW HKLD TO BK PART OF HER NORTH-
WESTERN POSSESSIONS. Up to, und from a certain point settlers and
traders would gravitate towards Thunder Buy, but that distance passed
the objective point ot commerce would bo Red River." " uutario will
be entitled to secure all such lauds aud territories as may be either
alre-^dy surveyed or in proco-is of development, and contiguous to her
pre at sottlod districts. Beyond that, it waii be more rnoFiTABLE to

HAND TIIEM OVKB TO THE DOMINION, TO BE DEALT WITH BY FEDERAL T. 'JOTBT.A-

TiON. Possibly Imporal authority may be required to accomplish thia,
but that is a mere qnostion of detail."

" Wo are more concerned to 800 the work of progress carvied on
enoryetically and prosperously — asit is, we believe, bomg carried on at
present within reasonable limits, than a large unoccupied — or vert

SPARSELY occupied — AND REMOTE REGION HELD, SUBJECT TO MUCH IMMEDI-
ATE COST AND TROUBLE IN VIEW OF SOME POSSIBLE, BUT ALTOGETHER PRO-
SPECTIVE BENEFIT." Globe, Anijust 6th, 1878.

It will be seen that at that time, the organ, whose article was
evidently inspirei* was under the impressit-n that Ontario had gained
an elephant in the arbitration raffle ; and that the best possible course
for Ontario to take was to '• rob " hersftlf, and hand over the loot to
the Doniiuion even if it rcquiied an Imperial Act to ratify the
•'robbery." Of course the boundary bogey was not then required for
campaign purposes; it was an after -thought, invented by the great
magician on the Treasury benches. No\» the scene is changed. Some-
body who is not even named hasclairued that the timber alone is worth
over a hundred millions of dollars, and no one can toll what hidden
stores of gold may bo buried in that suddenly important territory, Mr.
Mowat. with his failing resources, and with the memory of a misused
surplus, grows radiant over " the possible, but altiogcther prospective
benefits." i

WHAT DOES THE GOVERNMENT PROPOSE TO DO ?

Whether the disputed territory be a burden or a boon, how does
the Government hope to secure it, by idly shouting for the award?
The Convention plank must be taken to express the feeling of the
party ; and, as we have seen, it points to no rational solution of the
aifficulty. Let us suppose, for a moment, that Mr. Mowat secures a
majority, what can that majority effect in the face of a defiri-
tive rejection of the award at Ottawa ? " If men, like children, will
cry for tlie moon, like children they must cry on." Crying can avail
nothing ! The award is irreparably gone, and the Local Premier even
with a majority is as powerless as " all the kimg's horses, and all the
king's men, to set Humpty-Dumpty on his seat again." That being
the case, the Government's attitude towards the electors is not only
inconsisteut with its position towards the Dominion, but untenable.
Let it ' e borne in mind that the Reform sJonvention of the 8rd and 4th
ult. was avowedly called together to formulate the policy to be advo-
cated during the approaching campaign ; aud this is its lame and
impotent conclusion — a cul (le mc — a ^Und alley leading no whither.
Mr. Mowat cannot secure the territory which legally belongs to Ontario
on these lines. He must either abandon the position laid down for him
at the Convention, and steal Opposition thunder, or he must remain in
office » standing obstacle to the .settlement of thi'- important question.
That is precisely how the matter stands, and the people have before
them ample material for a clear and honest abitrament between the
party which can do nothing, and the part/ which can and will Becure

Outuio's rights. Slia&ding, as he affects to do, on the Conventtou
plank, the Looal Premier is confesBedly impoteut, and every hour that
he is tolerated in office, means real and substantial "robbery of On
tario," by delaying the satisfactory settlement of her just and lega
olaima.

THE OPPOSITION POLICY.

On the other hand, the attitude of Mr. Meredith and his friends is
fall of promise. It contemplates no delay, but insists upon prompt and
immediate movement in the only direction open to the Government of
Ontario. The award v^as "subject to the approval of the Parliament
of Canada," as an Ontario statute formed by Mr. Mowat solemnly
affirms. So long, therefore as that av<rard had any chance of ratifi-
cation the Opposition v^as justified in uniting with the Government on
ts behalf. But there was no obligation laid upon it, to continue that
coarse when, by the de^nit\'-3 refusal of the Dominion's assent, Ithe
ward benxmo absolutely aud fi:dally null and of no effect. Still more
atgent became earnest efforts for a speedy settlement, when "another
Parliament" was elected which, coitrary to the Premier's expectations,
or rather hopes, holds the same opinion as that which went before it.

Under these circumstsuices what is the duty of patriots and states-
men who desire ardently to secure for Ontario what is her own, beyond
the reach of "robbing" even by a bosxd of arbitrators ? Surely to
cease clamouring over the award which has finally disappeared from
the arena, and to go to work like earnest men to secure the deuired re-
salt. Now what does the Opposition propone in the resolution already
cited. To appeal, without a moment's delay to the Judicial Commit-
tee — a tribunal in whose ability, probity and impartiality Canadians can
repose the most implicit confidence. And then, in the meantime to
agree with the Dominion upon some method of governing, administer-
ing joatioe, and managing the lands in the disputed territory, pending
the judgment of the highest Court in the British Empire; /« not that
the only course which can commend ttself to the electors of Ontario f It t«
iustf at no one has yet denied ; its results cannot fail to be satisfactory to this
Province, which would be the gainer by it ; and finally, it is the only course
open to us, whieh is the nvost convincing argument of all,

3 ' |i/j A \A/ V )^ THE SUMMING UP.

Those who have followed us carefully thus far, have the whole of
oni case before them. If, as we are convinced, that case is impreg-
nable, it only remains for the electors to put an end to further delay
i^ifj controversy by exchanging the men of inaction for othcra who will
do something — and something to the purpose. They alone are the
enomies of Ontario, they alone are the " robbers " of it who persis-
tently refuse to adopt a rational and froitfol coarse. Mr. Mowal

I i

may prefer to wait and sulk ; but sulking will no more relieve Ontario
than it crowned with success Achilles' hostility to the beleagnred in
Troy. What a vigorous and intelligent Province needs is men who
will secure its rights, nofi those who simply maunder about them.
Every point of the Oppofition case has been conceded by the prefteut
Premier.

1. He admited that " some competent authority" most yet decide
the controversy.

2. That there is neithei objection nor difficulty in appealing to the
Judicial Committee, and that he is willing to do so, with suitable prO'
viHional arrangements.

&. That the Dominion proposal for a Joint Commission meets his
approval, if the conditions can be satisfactorily adjusted.

And yet —

4. He has never moved hand or foot since the receipt of th«
Dominion scheme or of the Commous' resolution in the direction of a
settlement ; nor during the session just closed did he submit a resolu-
tion or state a policy.

6. On the contrary, he takes his stand upon the inept au^l utterly
barren plank laid down at the Convention, and neither can nor will do
anything which can serve the cause of Ontario. aum

WAITING FOR THE VERDICT. * »''^

Such is our case ; and the other is Mr. Mowat's. The one practioaf,
statesmanlike and honest ; the other shuffling, limp, incoherent, and
lifeless. The question is one of paramount importance to the Provino«
of Ontario, and the Opposition, confident at once in the patriotism of its
motives, the certainty of its method, and the triumph of its nati«&al
and practical principles, appeals without the alightet apprehension, to
that intelligent jury which includes the bone and sinew, the reason
and intelligence of their beloved Province.

%'.

'..M<'

.sAw«»: \y

■.-,«-

THE POWER OF DISALLOWANCE.

. ^>

Another of those catch-cries by which the present Govermnent
hopes to profit is the so-oalled "invasion of Provinoiftl rights," by th«
disallowance of a single Ontario measure — The Streams and Rivere
Bill. It will hot be difficult to show : '

1. That the disallowanoe is undoubtedly within, nofc only thelsfMar
by the spirit of the constitution. ^ ,^^,,„, „

j^'

r iv *w.) '7 »*» • \ >v^*w»v

2. That Mr. Mackenzie's Goveiument on sevt^ral ocoiwions dinaf-
lowed Bills equally within provincial jnrisdictiou, on gronndn of publi i-
policy.

8. That the Streams Bill was of such a characbor astfj demund tl.a
exercise of the reserved power oonfervc<l upon the Dominion FiXe<;utivf'.

THE VETO POWER AND ITS AUTHORITY.

Immediately before the clanaos of fcht) B. N. A. Act which defines
tlie legislative jnrisdiction of the Dominion respectively, and thereon a
condition precedent to its exercise, wo iiiid tho following; :

"90. The following provisions of tliis Act resptictiug th« Parliament
of Canada, namely — the provisions rolating to appropriutiou and tax.
Bills, the recemmendation of money votes, tlu: dhiilou><tnik: n/ Acts, a»>l
the signiJUxition of pleasure on Bills ranenud — xhaU e.itcnd ami apply to tm
l/<{pslatures of the several Provim^s, as if these provisions wiire hero ro-
enacted and made applicable in terms to the respoctivo Ih-ovinces aii'f
the Legislatures thereof, with tho subutitation of the Lientenant-
Govemor of the Province for tho Goveruor-General, of the Governor-
General for the Qneou. and for a Socrotary of Statti, of one year, for
two years, and of the Province for Canada."

It is not easy preciioly to mako the enacted alterations; but th>i

following represents exactly how the particular clause would read :

"56. When the Lieutenant Governor assents to a bill in t.lie Queen'-i
name, he shall, by the first convenient opportunity, senil an authentic
copy to the Secretary of State and if the Goveruor-General in.
Council, within one year after tlie rc^ceipt thorc^of by tho Secretary
of State, thinks fit to disallow the Act, such dlsallowauce (with a
certificate of the Secretary of State of the day on which the Act
was received by him) being signified by the Lieutenant-Governor, by
speech or message to the Legislature or by proclamation, shall
annul the Act from after the date of such si^iification."

It seems clear that, in the last clause, the name of the Gov
emor-Oeneral should be retained, and not that of the Lieutenant-
Governor ; but the language of Sec. 90 requires the latter.

Such then is the law regarding the disallowance of Provincial
Legislation. As we have clearly pointed out it immediatoly pro-
ceeds Sets. 91 and 92 by which the resjMJctive legislation jurisdictions
of Dominion and Province ..? defined. It is in short the ■tjnjictmert
of an executive restraint upon the powers of Parliament end Logis
lature thereinafter defined. The one power is short, as is (ilearly
ordained as the other ; therefore Iwth must stand or fall together.

THE PURPOSE OF THE VETO.

Having thns presented the organic law in the case, it now becomeH
necessary to inquire what the founders of the Dominion meant by tiu.
disallowance clause. It would bo easy to multiply quotations from tht*
leaders of both parties ; but our quotations will be taken entirely froia
Reform speeohes, to be found in the authorized Report of the C/onfeder

atiou DobateH. It may be well to preface theue extracts with ft remark.
The oppoueats of Confederation, including most of the Quebec Liberals,
urged precisely the uamu objections to the Ube of the veto power now
pressed, after the event, by the Ontario Government. As the fact that
before ConfederHtion, such ground was taken, a passage from a speech
of Sir A. A. Dorion will emphasize and give additional import to the ex-
tracts which follow :

Sib a. Dokion : " When 1 look at the provisions of this scheme, I
find another objectionable one ; it is that which gives the General
Oovernmeut control over all the Acts of the local legislatures. What
difficulties may not arise under this system ? Now, knowing that th«
General Government will be party in character, may it not, /or party
purposes, rejevt Uiics proponed by the local legialaturei, and demanded by a
majority of the peojjU of that locality .' "

Unfortunately the Rouge leader did not contemplate the probability
of an event which has actually come to pass, that a partizan majority in
the legislature might pass a Bill expropriating an opponent's property, and
that at the instance of a supporter, as in the Streams Bill, without any
demand from the people at all. This is, however, by the way ; we inerelj
quote Sir A. Dorion to give additional point to what follows, since th«
utterances of Reform loaders who supported the veto were given with
a full knowledge of the objection urged.

REFORM LEADERS ON»THE VETO POWER.

Mr. George Brown — "We have retained in the hands of the general
Government ail the powers necessary to secure a strong and eflScient
administration of public affairs. By vesting the i^ppointment of the
Lieutenant-Governors in the general Government and giving a vetp for
all local ineaturea we have aeoured that no injuttice shall be done ttktkout
appeal in local Uyinlation."

No word here about a distinction between matters within and
witliout competent j urisdiction. Mr. Brown distinctly said all m«asnre8,
and particularized such as might work injustice, which the Streama
Bill unquestionably would have done.

Mr. Alexander Mackenzie — '*The veto power i» necetsary in order that
the general (Joverninent it.uy have a control over the proceeding* of the Local
Legiitlaturea to a certain extent. The want of thi* power wan the great source
of weakness in the Umtcd tStates, audit is a want that will be remedied
by an amendment in their constitution very soon. So long as each
State considered itself sovereign, whose acts and laws could not be
called in quet>tion, it was quite clear that the central authority was
destitute of power to compel obedience to general laws. If each Pro-
vince were ahu tu enact suck laws lU it pleated, everybody would be at the
iiwroy if the Local Legislaturts, and the general Legislature would beoomt of
little importance."

Sir Richard Cartwright — "Even whore there may be some conflict
of jurisdiction on minor matters, every reasonable precaution seems to
have been taken against leaving behind any reversionary legaoies of sovereign
State rights to stir up strife and discord."

Mr. Hope Mackenzie — "Now, Sir, while the hon. gentloman (Hv.

Joly) will have nothing to do with it because of the snpTeme central
power that is pro\'idod in the scheme, 1 take it just became of that con-
troUiiuj ventral power. '' o,^ .^.

It will be observed that one and all of those gentlemen warmly ad-
Yocated the power of disallowance, and not a single speaker made any
distinction between measures witlrin and ,without Provincial jurisdic-
tion. Mr. Brown especially regarded the veto as a safeguard against
"any injustice being done without appeal in local legislation." Mr.
Mackenzie and Sir R. Cartwright both referred to the mischief wrought
in the United States by a want of controlling power at Washington —
a want often deplored by jurists in the neighboring Republic.

AMERICAN OPINIONS.

Last session, the Hon. Mr. Morris made some exceedingly apt quo-
tations which it may be well to reproduce here, as they precisely fit in
with the circumstances and perils of Ontario party legislation. The
first extract is from Kent and Story's t'oiiuiwnlar'u's ; the second, from
Adams' Dijence of the American Constitution,

"Ihere is a strong propensity in public bodies to accumulate
power in their own hands — to widen the extent of their own intiueuco,
and to absorb icithin their own circUs the uitans and iiiotives of jiatrona;/*.
Ij't/ie whole UyisUitive power is vest id in a simjle body, there can be jiravti-
tailif iu> restraint upon the fullest exercise of that power, and of ani/ usurp-
ation which it may seek to exercise or Just ijy, either front necessity or a superi-
or reijardto l lie public yood. It has been olten said that necessity is the
plea of tyrants, but it is also true that it is the plea of all bodies invested
iiith power whn no check exists upon its exercise."

"Ot all pobsibio forms of government, a sovereignty in one assem-
bly successively chosen by the pooi)le is perhaps the best calculated to
facilitate the gratihoatiou of self-love, and the pursuit of the piivate
intercuts of a few individuals. A few eminent or conspicuous characters"
(or tfie ri verse) "will be continued in t/ieir seats from one elt'ction to another ^
u'fuitevir chanijis are made in tfw seats around tlwin * * =i= They will b$.
able to intriyue with the people and tlui Leaders out of doors until they worm
out most of ihiir opposers and introduce their friends. To this end they
uill bestow (III offices, contracts, priviieyis in commerce, and other emolu-
ments upon the latter, and then commence and throw every vexation and din-
appointment in the way if the former, until they establish such a system of
hopes and fears throuyiutut the whole tSlate as shall cause them to carry a
majority in every frish election of tlie House. =i- * * In one word, the
whole system ol affairs, and every couctivable motive of hope or fear,
will be employed to promote the private interests of a few, and their
obsequious majority."

Story and other American jurists have strongly defended the Presi-
dent's power of vetoing Congressional legislation as a necessary check
npon " rash, immature and improper laws," and upon "the tendency
of all free governments to over-legislation." It was pointed out that
"the injury which may possibly arise from the postponement of a
salutary law, is far less than from the passage of a mischievous one,'
and that so far from there being a danger that the veto power may be

abuH'.'il. "tho rwi! dun .'")' is that the executive will use the power to)
rarely," It seeui> hardly nacessary to point out that, in the abseuoo of
responsiblo govornvnout, the Presidout occupies uu independent posi-
tion Hiinilar to that cf the Dominion authorities, with thin notable
exception, that, although not answerable to the particular Provino«i
tho latter must defend every executive act boforo Parliamont.

MR. BLAKE'S THEORETICAL VIEW.

Duviug the year 1870, Mr. IJlake, at tliat time Minister of Justice,
«iii{Jiigod in a controversy with the Earl of Carnarvon, Colonial Socre-
tiry, regarding t'>o veto i)ower. His Lordship contended that the
Ooveruor General should exercise the power on his individual responsi-
4iihby ; Mr. Blake, that he should only do so on the advice of his
ili' listers. In a despatch, dated the Gth of Scptcuiltcr, 1870, the Hon.
f^eutleman wrote as follows : —

" It is suggested that if a Canadian Minister had the power of con-
lioUing tlie euMctmeut or operation of Provincial Acta the consequence
woultl be a virtual reiuMl ot tlie section of tho British North America
Act giving the t-xclusiv' riglit of legislation in certain matters to Prov
lucial Legislatures, and it »■«( .tuijijexted an not improbable thut the intentioH
vKiff have been to entrust thr functionH of (iiHalUmanoe to an authority tn
t'iiuu'lu not dii-fcthi rfftretifntimj the majority of the Canadian Parliament,
froiH whose jurisdiction these ijuextions had been excepted. Tho undersigned
may observe that this, thougli professing to bo an argument ab incon-
retiiente against a particular cou>»truction, is trt strictness rather an argu-
iiwnt for the vhamje in th' existiny lau: than for the adoption of tlie proposed
construction of that law. But the undcr.-igned cannot agree to tho pro-
position advanced. These arguments occur to him. The Parliament
■i»f Canada is composed of rejiresentatives of the seven Provinces, each
"il wiiioli has in its proviiioiil character like political rights. Ministers,
waost! teauro of office depends upon their retaining the confidence of a
i'arliamcnt so composed, r/n' wo/ likely to abuse a jwuxr, the exercises of
dihiih would obviously be jmlously watched by Representatives from all tho
Provinces, since each is alike interested in tho maintenance of Provin-
«^ial rights, and, therefore, in the principles upon whicli tho power of
■•lisallowance is exercised. For the same reason any abuse by Minister*
xf thifi power woubl be quickly followed by the applicfttion of the constitu-
uionitl remedy by Parliament. The experience of nearly tea years during
which this power has boon exorcised does not indicate that the appre-
hended evils will follow. Tho objection taken would apply to the
|)ower given to tho Queen-in-Council to disallow Canadian laws, where-
by, lio iollow tho same lino of argument, power is civen to an authority
•directly roprosenting the majority of tho British Parliament to control
the enactinent or operation of Canadian Acts affecting subjects, the
right of leyislatJon on wliich has been vested in the Canadian Parlia-
ment, to the prictical exclusion of tho British Parliament. But there
is in the mo-le for which we contend a muoli greater check on the exer-
cise by the Goveroor iii-Council of the power of disallowing Provincial
Acts than oxistw upon tlio exercise by the Qucen-in- Council of tho like

power with reference to Canadian Acts, itinoe the adw«ern of Oui Onmn
an not tn the UUtcr, as they are in thfjornwr iiajte rt'ttjtotmble tu the Canadi-
ant." — Sesit. Pat>er» {O^^nmonnly IH77, No. 89, p. 455.

It will be seen by the foregoing passage, that Mr. Blake contem

plated cases in which the Fecleral Govormuont might bo callod upon

to disallow Bills plainly witliiu Provincial jurisdiction ; and his conteu

tion was that thi^ power wan not liable to abuse, because the Dominion

Ministers are re8jK)UHiule to the people's repriisontatives iu Parliament.

It now remains to show how Mr. Blake's view of this power was

carried out by the Mackonzio Government of which he was intermit

teutly a member, and throughout a professed adherent.

THE MACKENZIE DISALLOWANCES.

1. Under Soc. 1)2, lioad 13, among the subjects of "exclusivo Pro

vincial jurisdiction " standw " Property and Civil Rights in the Province."

Lard tenure, therefore, is evidently a matter of local ooncern. Novor-

tholoss, in 1874, Mr. Fournicr, Mr. Mackenzie's Minister of Ju.stio--,

refused the Eeyal assent to the Prince Edward Island Land Act of 1874,

for the following reasons : —

" The undersigned is of opinion that the Act »# objectionable in that it
does not provide for an imjHirtial arlntration, in which the proprietors
would have a representation, for arriving at a decision on the nature of
the rights, and tlio value ot the property involved, and also lor securing
a speedy determination and settlenifut of the matters iu dispute;'* —
ISi'SS. Pajyers (Gomntons) 1877, So. 89, p. 81.

The object of the disallowed Bill was to convert leasehold into froo

hold tenures, and was indubitably within Provincial jurisdiction; in

deed, Mr. Mackenzie's Minister did not, for a moment, hint other^viso.

2. On the 18th of July, 1870, Mr. R. W. Scott, acting Minister of

Justice, refused assout to " An Act to nmond the Laud Purchase Act,

1875," another P. E. 1. Bill. Tliis case is ijarticularly noteworthy,

because the reasons assigned for the Government's course were, as will

be seen hereafter, almost identical with those assigned by the present

Administration for disallowing the Streams Bill. Hero they are :

'• He (Mr. Scott) is of opinion that the reservfd Act in rrtrusprvtice in
ttt effeM ; thit it dj tU leith .iijhtu of pirtic* now in Utiifution under th»
Act which it is proposed to anitnd or which mat/ yet fairly form the suijevt
of liti(jation ; and that there i.-<(in ahxence of any provision Knitrinij the riyhtx
and proceedings of persons whose properties hare been droit with under the
Act of 18To."'-—i>'ess. Papers fas above), p. 135.

8. In 1870, theMinister of the Interior reported against a Manitoba
Act reserved — "An Act respecting Lind Surveyors," on the ground,
not that it was beyond Provincial jurisdiction, but because in Mr. Mills'
opinion, it was ^'premature and unnecessary." As if he, and not tlio
Manitoba legislature were Uie proper judge of its nooestity. This report
was concurred in by Mr. Bhiko, and it was api)rovod on the 7th of Feb.
— &»«. Papi'rs p. 330.

4. In 1870, Mr. Mills reeommended the disjallowfinoc of another

could constitiito it?

All tlioso Bills had been reserved by the Lieutenant Governor, and
it has been coutunded, on what ground it does not appear, that there
is some magic in reservation which confers upon the Dominion a juris-
diction it does not possess under tlie B.N. A. Act, — of this presently.
We come now to a Bill which had been passed by the Quebec Legisla-
ture, ami assented to by the Lieutenant Governor, but which was sent
back on pain of disallowance.

5. Amongst the subjects enumerated in Sec. 02 of the B. N. A.
Act as one of those upon wliich the Provincial Legislatures " inay
exclusively make laws," stiinds : " 2. Direct taxation within tlK Pro-
vince in order to the raising of a revenue for Provincial purposes."
Strictly within its right, therefore, the Quebec Legislature, in 1875,
passed an Act, which was assented to by the Lieutenant-Governor, "to
compel Asburers to take out a License." Now, how did Mr. Blake
regard this measure '? As outside Provincial jurisdiction ? Certainly
not; but as against I-- blic policy. His report of the Kith of October,
1870, is well wortli reading, especially by those who are misled by the
blatant clamour against a fancied violation of Provincial rights in On-
tario. One dose of the Blake specific would cure the most confirmed
hypochondriac. There is only room here for a concluding par igraph : —

" This Act requires payment by the companies of the tax of one

per cent, upon the premiums for the renewal of life assurance policies.

* * ''- Thin seems ohjectionahle in principlf itnd valcuhited tnprixlucf a

frelinij of ituieturitij ahrnail with reference to Provincial Uyislatiun." — bens.

Papers (as above) p. 139.

So that when all comes to all it would appear that, in practice, a
Liberal Government at Ottawa lioldB precisely the same opinion as Sir
John Macdouald, viz., that a Provincial Act, even although within the
legitimate jurisdiction of the Legislature may, and onght to be, disal-
lowed if it be contrary to public policy, or to the general interests of
the Dominion. Thus the whole case is surrendered. Because, if the
new Mowat theory be sound, what right had Mr. Blake to usurp the
authority conceded to Quebec under Sec. 02, and dictate to that Pro-
vince what "direct taxation" it shoald not impose. Either something
more than the question of juriBdiction is to be considered, or Mr. Blake
set the example of " trampling upon Provincial rights." Hence the
sedulous avoidance by Ministers and their organs of these damaging
precedents laid down by their own party.

75
THE CONSTITUTIONAL PRINCIPLE.

Mr. Todd, in his able work on •• ParllameDtary Govornmon^- in the
</olonioB" (p. 872), remarks:

•' In deciding as to the disallowance of an Act, the Government is not
confined to considering its validity in a legal point of view. The power of dis-
allowance is a general one, and in arriving at a conclusion as to its exercise, the
Oovernment have undoubtedly the right to take into consideration other matters
than those ajf'icting merely the validity of the Act."

Again referring to reserved Bills, Mr. Todd remarks :

•• The same principle (among others) would apply in deciding as to
giving or withholding assent to a reserved Bill. The Government have, on
several occasions, dealt with Provincial Acts (as well as Bills that have
been reserved) u]}on those principles." — Ibid, p. 373.

Indeed there has never been any doubt about the fact, until the
oresent Government in Ontario hoped to make political capital, by in-
venting the contrary doctrine, which finds no support either in the law,
the design of its authors, or the precedents since 1867.

RESERVED BILLS.

A singular constitutional heresy has lately been promulgated, to
the effect that the reservation of Bills by a Lieutenant-Governor con-
fers upon the Dominion an authority to disallow measures, and a juris-
diction over all Provincial Acts so reserved which it would not other-
wise possess. From what cause so strange an hallnoinatiou has taken
possession of some minds, if it be not a knowingly false pretence, it is
difficult to divine. The 6. N. A. Act defines legislative jurisdiction
with something like distinctness; and it speaks plainly enough about
disallowance and reservation ; but it knows nothing about any ex-
traordinary jurisdiction being conferred upon the Dominion Government
as a consequence of reservation. The law, the precedents, and eveo
common sense, stand opposed to so fantastic a notion.

To begin with, the Lieut-Governor of a Province is a Dominion
officer, and it would be quite regular for him, acting under instructions,
to reserve any Bill submitted to him for assent. The Governors-
General have for many years, instructed by the Crown to
reserve Divorce Bills ; but it was never pretended tliat their reservation
had any other effect then that of calling for special attontiou to them
from the Colonial Office. The reservation of any Provincial measure
cannot possibly, that is to say of itself, deprive a Province of its juris-
diction, or clothe the Dominion Executive with powers not ordinarily
pertaining to it under the Confederation Act. To hold the contrary
proposition is to set up the absurd and untenable doctrine that, by the
hocus pocus of reservation — well known to Mr. Mowat when he voted
for the Orange Bills of 1878, and then went behind the scenes, and
secured the Lieutenant-Governor — the powers of the Dominion may be
• enlarged and those of the Province circumscribed at the will of a

7«

Dominion offloer. The B. N. A. Act is oertainly olaHtio onoagh ; bnfe it
fiojn buv'ily bo strotohod (ui Uhitum. The true coDHtitutional theory is
tiiat laid down by our highest anthority, Mr. Todd, that any Provincial
Act, assontod to or reserved alike, may properly be vetoed if it offend
ugainst public policy or tend to injure Domiuioninterebts. An immoral
or impolitic law may be disallowed, whether it has been sanctioned or
reservoil by the Liontenant-Govomor of the Province. On that point,
Sir John Macdouald, Mr. Blake, and Mr. Crooks have all pronounoetJ in
tJie affirmative.

THE NOVA SCOTIA SUBSIDY.

In 1869, Mr. Blako, at that time a member of tho Ontario As
sembly, and in Opposition, moved a resolution in the Houho ilenouno
ing what was known as the Better Terms Act (Nova Scotia), and praying
Iler MHJesty " to disallow the said Act." The hon. gentlemiiu could
hardly plead either that the Ontario Legislation had any thing to do
with the Kubeidies to the Provinces, or that tho Act ho oppose^l wa.s not
within the competence of the Dominion Parliament, uevorthelenH he
gravely proposed that a Provincial Assembly should overpass its juris-
diction and appeal to the Crown in order to seonre the diKallowance of
an Act strictly Federal in its character. Mr. Blake's theory of dis-
allowance at that time differed entirely from that of Mr. Mowat's in
1B88. The pretext that the Nova Scotia subsidy was a violation of the
Federal compact was effectually disposed of by means of an evpiioit
opinion to the contrary from the EngUsh law officers of the Grown.

THE NEW BRUNSWICK SCHOOL ACT. .acti^

This measure passed in 1871 was entirely within Provincial juris
diction ; whether or not, it was fair to the Boman Catholic minorityt is
another question. It will be remembered that the B. N. A. Act (seo 9'A)
secured the rights of minorities in Upper and Lower Oanoidu, aud «^!so
provided for any Separate Schools, Protestant or Catholic then in ex
if^tenoe. This clause, however, did not apply to New Bmnswidt,
where no Separate Schools had been established. Tho Act, already
referred to, did not seonre justioe for the Catholic inhabitants, who
tliereupon petitioned for its disallowance. In this case, however, the
Government, considering that the subject had been exprcMuly dealt
with in the Confederation Act, and was, under the circumstances, left
distinctly to the Province of New Brunswick, declined to exerdse the
vote power. On May 8th, 1872, a motion was submitted to the House
ol: Commons, praying the Governor- Oeneral to disallow the NewBmns
wick Act, and for it all the Liberal members voted. Here, then, in
proof positive that the party did not, at that time, object to the diaal^
lowanoe of Bills unquestionably within Provineial jurisdioUon. It may

\ be added th*t in 187S, when the party had attained power, tJie Hoase,
' imder Biinisterial gnidance, left tho Now Brnnswiok Oatholios in the
'.Inroh, and oppooed any Imperial LegiHlation for thoir rolief.— St/i
' ToeWi Parttttm^Uny Oovtrmntnt, pp. 346360.

r. .

THE ORANGE INOORPORA I ION.

In 1878 the Ontario Assombly puuHcil a Llill iucurpurating tho
Orange Ainooiation, and among tliose who votod for it waH the Pre-
mier, Mr. Mowat. To tho Burpriso of ovorybody, thin Bill was reserv-
ed, of ooorae on the Minister's rocommendatiou. llin object was to
throw upon the Dominion Ooyemmont tho rcH[)onHibility of either as-
senting to the Bill, or of rejecting it. Sir John Macdonald refused to
do either, bnt sent it back to bo dealt with at Toronto.
Omt, 84$». Popert, 1st, 1874, No. 10. The iugeuiooH trick devised by Mr.
Mowat had failed, and in 1879, when tho Maokfjiiziu Ooverumont ruled
•t Ottawa, the several Provincial Governmeutf^ wt-ro informed that
ibej must determine tho qnestiou of Oruugo iucurporation on their own
leeponsibllity, thns guarding the Dominion a^niaht a repetition of the
xeeervation stratagem. All the Harno, it rumaiuH trno that Mr. l^wat
eoorted the exercise of the veto upon an Act uudonbUxlly within the

V eompetenoe of the Ontario Legislaturo.

Having thus oonsidenxl at some length tho theory and praotioe of

. the Oovenunent party in the past, it seems advisable to state some
general propositions regarding disallowaDce.

I THE VETO APART FROM JURISDICTION.

h •■ On the 0th of June, 1868, Sir John Macduuald took the broad
: groond tiiat no Aot within the competence of a Liegislature should be
' disallowed, unless it affected the interoste of the Dominion generally.
• This oomprehensive statement, propounded anteoeiently to experience,
^ has been carried out in the way Mr. Todd explains, by both Liberal-
T Oonservativo and Reform Gsvemmonti, as follows :
I For the motst part, this power has been resorted to only in oases

wherein the Provincial Loginlatures have passod Acts which were un-
ooostitntional, or beyond their legal competency to enact. But it
' hma ftMN tomttimm invoked in ronpfot <o AHh which oontnin«i provisions that
' wert dttmtd to be eontrary to Bound prirt^nplnH of legisUuion, and therefore
< MM^ to prow injwriotu to the interests or welfars of the Domimiom."
,. —Todd (as brfort), p. 363.
i In the light of both text and commentary, let ns consider

WHAT PROVINOIAL ACTS MAY BE OONTRARY TO SOUND

PRINCIPLES.

Of Idle Bubjeots committed exclusively to Provincial jurisdiction,
none has been more frequently dted tfian No. 18:— "Property and

i''

civil rightH in tho Provinco." Now, dooH Uuh loean thai the legisU-
turen may, without control, make liuckH aud drakes of proportj and
T Civil rightH? What do those wordH import ? Surely the firm OHtablitih-

j ^ inent of all tho ordinary giiarantooH for porHouai prpporty . and Huch

I oloctoral privileKOs as are recognized in a froe country. The obvious

■ intention wan to grant the ProvinccH excluHivc jurisdiction over these

and other subjects on the condition that they should legislate upon
them in accordance with accepted principles of justice and morality.
Should they or any of them transgress these recognized maxims, it bo-
comes the duty of tho Federal Executive to interpose the veto. JPor
example: it is within tho competence of the Local Legislature to
authorize municipalities to repudiate their debts. Yet will anybody
contend that the Dominion Government ought not, for the credit of
Canada, to disallow any Bill to that effect ? The reason why Amerioan
jurists have deplored the lack of some Federal control over State le^pa-
lation is that discreditable results have been entailed upon the credit
• and fair fame of the Union by inequitable State legislation. There •!■
one security, however, guaranteed by the Constitution of the Aepnhtto
and by the Constitutions of most States, and that is that " no ptopetty
shall he taken by the Government from its owner, withont full and ad-
equate compensation." To admit of the contrary proposition > ^^WMUd
be to strike at the very root of oivilifled government. In paaa^'it
may be well to notice that

THE JUDICUL OPINIONS AS TO PROVINCIAL JURISDIC-

TION

have nothing whatever to do with the question of disaUowanoe. They
simply pronounce upon the validity of statutes passed and allow-
ed under the B. N. A. Act, sec. 92. The Ontario Opposition holds
tenaoioasly to the principle that the Dominion has no right whatey^
to intermeddle with Legislation, definiad by the Imperial Act to .be
' within the oompetence of the Legislatures as a .general rale. It denies
the broad statement that the Dominion Government, may, .at its
pleasure or caprice, disallow any or every Act. or that the Aflsembly
of Ontario, in any wise legislates on sufferance. The autonomy of
the Province would be insecure on such terms. What the Liberal-
Conservatives do contend, as we shall see hereafter, is that on special
occasions, the Dominion may interpose between the inequity of a
partizan majority and these "sound principles nf legislation," of which
Mr. Todd speaks, and which Mr. Blalie and his colleagues, on more
than one occasion, strove to vindicate by exercising the latent, but still
effective, right of disallowance.

THE STREAMS BILL.
And now to the immediate occasion of all this olamonr about
"Provincial rights." It is not neoessary to remind the,E««det,|th^the

(liHpubo boiweon Mr. McLaren ami Mr. Caldwoll aroHO about iniprovo-
mentt) on tbe MiHsiKHippi and itn fcributariuH, mailo or owned by the
formur, to tho ulloj^ud valuo of ♦250,000. Mr. McLaren, wo may observe,
not only owncvl tho iniprovumeutH, but wau posHOHHod, in foo Himple, of
tho laud on both nidcH of tlio HtroaniH. Nuw, wliy hA<l he acqiiirud tho
banka aH woli aH tho waters ? Simply becauHO Uio law of 184i), a8 in-
terpruled by the oourtH durinji nearly twenty years, hiwl pronounced
that a Htream not naturally capablo of floating logH evon during a spring
froshet, was not to be doomed a public stream under that statute.
The matter was brou{,'ht beloro Mr. Vice-Chancellor Proudfoot, and lie
found upon the evidence, that the waters concerned were not naturally
floatable, and, therefore, that Mr. McLaren had an absolute proprietor-
ship in his irnproveraontR. PcniUng an appeal, and wliilo tho rights of
tho parties were still under litigation, Mr. Pardee appears upon the
scone at the inntigation of tho nephew (Mr. Caldwoll, M. P. P.) of hia
uncle who longed to remove his neighbor's landmark.

» THE NATURE OF THE BILL.

I Tho point which would naturally strike a casual reader is its at-
empt to leginlato rotrospoctively. It was quite within Provincial
jurisdiutiou to ordain that in future such or such should be the law.
That method of logislatiou would not have been objectionable as inter,
fering with vested rights of property undt'r the law. So long as a man
can invest his capital with the assurance, that if itbb altered, it cannot
jeopardize the rights he has acquired in good faith, all will go well. But
if the Provincial Legislature can declare, at pleasure, tint "always to
have been the ia w, " which, during nearly twenty years, lias been distinctly
adjudged not to be law, whose property can bo held securely? It is
tho [)al()ablo untruth enshrined upon the bosom of the Bill which makes
it so intolerable. And yet the measure, as it was intonded to benefit
Mr. Caldwell, required tho enactment of this falsehood. Hero it may
be reasonable to introduce tho amendment moved at the third reading
of the third Streams Bill by Mr. Meredith, and supported by tho
whole of the Ontario opposition : " That tho said Bill be not now read
a third time, but that it be resolved that it is proposo<l by the first sec-
tion of the Bill to declare that it be, and to have always hern thf law that
which the Supremo Court of Canada has, by its unanimous judgment,
not to be, and not to have been the law thereby conatitatiiuj thin House a
Court of Appealfroin the Courts of the country in a matter affevtiny valu-
able private rights: and, in the opinion of this House the said provisions
are hiyhly ohjectionahle and ilanyrrous in principle, and ought not to pass
into law." Assembly Ihbates, 30th of January, 1883.

Now this objection is beyond question, a valid, indeed an insuper-
able one ; and npon the strength of it Mr. Blake would have vetoed the
Bill, as be did the Quebec Assurers' Bill, and for self -same reason.

conclusion to which he had arrived by the weight of jadioial opinion in
Ontario, as expressed in the case of lioals v. Diokaon (1868) oy Chief
JuHtices Draper and KicbardH, and JusttcoH A. Wilson and J. Wilson ; in
Whelan v. McLachlan (1865) and McLaren v. Back by Chief Justioe
Ilagarty and Justices Gwynue and Oalt ; and in this case hy Vice- Chan*
collor Proudfoot and Mr. Justice Burton, while Chief Justices Sprag^e
and Justices Patterson and Morrison overrule all the previous deoisionfl
on this point. There wore tbree Chief Justices and five Justices in
support of the conclusion to which he had arrivoil, and one Chief
Justice and two Justices taking a different view."

So that the law has always been, since 18G8, as the Supreme

Court desides it to be, and that is distinctly the rbvorse of Mr. Pardee's

law by a oonaemtus now of four Chief Justices and teu Justii^>er againsi

unn Chiof Justice and two Just^-.'s. Consequently the Streams Bill

was not only retrospective, bub bore upon its faro a notorious untruth.

I'UOPERTY CONVEYED WITHOUT i jMPENSATION.

In quoting froili the judgmuuUi dulivored by the Supremo Court it
must bo boruo in mind that they have no bearing upon the question of
the veto ].>owor, nor, save incidentally, upou the policy of the Streama
BUI. Nevertheless, they do shed a flood of light, not only upon the
law an it Ht^uids, but upon the esHontial inequity of tliu disallowed
BUI.

Cliicf Justice Ritchiu :

" it was not, however, intended co interfere with private property
iiad private rights in streams which were not by nature floatable afe
luiy ueasuu of the year If the Legislature contemplated what wm
now contuudud, or intended the enactment to apply to streams uoa-
floatablo at all HoaHons, as there was uo pretence for saying that the
Legislature had conferred any right upon the parties to enter upon
])rivate property and make the uou-fioatablo streams floatable, ancf as
Uiey could not be made practically floatable by the operation of law,
what was the precise legal right cuulerred on the public by tiio statute?
WaK it not obvious that the only effect of the enactment could be in
.svtch case to confer upon the public the right to use private property
and the iiiiprovutnuuts thuruou without making any compensation
ihurcfor? Was it thou possible to infer any such intention from f-.hj g
section ? Had it been profont to the mind of the Legislature it should
have been, and ho thought, would have Ijoon, clearly and uuequivooally
oxproHscd. It was not possible to attributo to tlie Legislature an in-
tention unroasouablo onu unjust, unless the laUj^ago wtkp bo unambigu-
ous as to admit no doubt of the coustructiou."

Mr. Justice Strong :

"His Lordfihip was of opinion that all Htreams did not 01
airtifloally constmoted private streams snoh aa those in quet^tioi
oansider otherwise would be in direct violation of the sound am
reoogniaed canon of constmotion whioh had been acted upon
Barnngton's caso down to the Western Counties Railway Co
against the Windsor and Annapolis Railway Company, namol;
stotntoa were to be so construed an to avoid any infringoni
private rights nnless by express words or necessary implioatio
oonstrnction was unavoidable. To comply vdth the first coi
gtroamis in whole or in part artificially constructed, would have
expressly mentioned, and they would not necessarily bo irnplif)d
there were no othei streams to which the Act conld apply. Hi
the case of Horrock v. Worship, which he said fully warrant
ooort in adopting a construction so restrictive as to prevent the ;
operating in degradation of private rights of property. Ho cot
hold that the Legislature intonded to ixuthorizo a gross violatioi
rights of private property without giving compensation to its

Mr. Justice Owynne : —

"Apart from the imputation of arbitrary intorforeuce.
Legislature with private property without the nomponsation
Kooh a decision invoive(l^a careful investigation of the ian<;ua^o
statntes and the decisions of the Courts led clearly to the cod
that the decision of the Court of Appeal could not be upheld. *

"It was impossible that the Legislature conld have designed
elaro that it should be lawful for all persons to float logs down h
whioh had not sufficient capacity to allow lugs to be floated dow
dnnng freshets, or to prevent persons erecting improvomontH on s
whioh had not such capacity. Neither couUl it bo believod tha
intended to provide that such a person was to make a strus
having that capacity capable of floating logs, &u., thn stream sh
oooe become open to the pub!ic, without the cntisont, molest;i<
intermptioD of the person who had expended his own proper
without 8uy compensation whatever to the owner ot tho pro|>br
had constructed the work on his own property whteh gave tho
its capacity by artificial moans. It was iini)()SHihlo to ^i^pply s'
interpretation without an nttcr disreganl of the plainest princi
Justice. "

Now the Stitjams Bill meets precisely tliose obnoxious and
able provisions against which the Supreme Court protests — na]
does not even venture to contemplate.

THE QUESTION OF COMPENSATION.

It is alleged that the Streams Bill doo« provide oompw>«w
the shape of tolls, to 00 fixed by Mr. Caldwell's friendn, Um C
ment; and, moreover, under rulo-s framed, or by a oupbami
proved by the same Oovemmont. Now during the progreHi* of t
McLaren v. OiMimU, the plaintiff averred that ho had offore.i t
the defendant to run his logs, on condition that ho aoknowled
ownership— his the right of property— and consoqaently hisoonti
the outflow of the water, wliich requires economical hmbandm)
• £fer was refused, and Mr. Oaldwell, throogh hi^ nephuw, then

songht, in the Streams Bill, a means of making Mr. McLaren's property
hi:j own. It is not necessary to discuss the question how tax the tolls,
for a joint proprietary can bo conHidered a fitting compensation. Mr.
Miller, a supporter of Mr. Mowat, hailing from Muskoka, declared that
the tolls were entirely illusory as a recompense ; that it would often
pay the owner of improvements to get rid of a rival without tolls, rather
than submit to an obstruction to his owu business; and that they
could not, in any sense be called compensation at all But were
those tolls really substantial in character, the broad principle remains
that no government has the right to deprive any man of liis property,
without buying him out, that is without full and adequate compensa-
tion to be settled, not by the patrons of the Ahab who envies Na-
botb, but by impartial arbitration. As some one has aptly remarked,
Ahab was more equitable in his disposition than the Premier of On-
tario.

THE GROUNDS OF DISALI4IWANCE.

It has been seen that the Streams Bill traverses the lines of sound
principle in several ways ; apart from its assertion of what is untrue.
It is rutro^poctivo and Mot in allowable sense, for there is such a thing
as just legislation wluchiis casually retrospective, that it interfered with
the rights of parties in litigation ; and that it makes common property
of private property, without adequBto or indeed any compensation. On
these grounds, the Mackenzie Government being the judge, a regard
for "sound principles of legislation," aul for the " general interests of
the Dominion," required its disallowance. Should any one sssert that
to take that position involves the untenable one that the Doraihion
Government has thj right, as distir^'uished from the power, to veto all
Provincial Acts, we -.an only deplore his dishonesty or commiserato his
ignorance.

It may l>t; well hero to place side by side the (grounds assigned for the
disallowance of P. E. I. Land Bill, by the Maokonaie Government, and
for that of the Streams Bill, by the prcst j)t Government.

Land Act, 1876. STREAMS BILI^ 1881.

He (Mr. Scott) is of opinion that the
reserved Bill i.s (i) Retrospective in

eft^rt; (2) That il deals vmiI, rights of ^ ^ ^hat it is retrospective in chor-

part.es n,jw in litit-atu.n, „>■ wAn^ t>;ay jj^ter ; (2) That it interfered with the

Y'U'^"V'Jormfhe subject^ ltlt>fatton; ^- j,,^ „f (j,.^ ^^ .,^.„, ;„ h,; ^j^tjon .

and (3) I hat there .» an absence of any ( ) ^hat it took away proprietory rights

provision securing the nt;hts and pro- ^.jj^out a.le.n.ate con.pensatijn.-A'^

ceedings of persons whose properties .^^.^ ^^- <;,, A/,«,i/*r ofjuitke, jSSi.
have l)een deah with under the Act of "*

1875 — .'>«j. Paptri (Commons), No.

THE OPPOSITION POLICY,

This may be most fittingly oxpressod in the language of the am
ment^ubmitted by the Ontario Liberal-ConservativeB during the
SeHgion : —

•' That all the words in the motion after the word ' that ' bo sfei
out, and the followinj^ substituted : —

*' ' It is the undoubted right of the Legislature of this Provinc
exercise, witliout interference by the Governmeut of Canada, tht
elusive powers vested in it by the B. N. A. Act, if such powers
exercised lawfully and constitutionally, and not in a manner pi
dicial to the interests of the Dominion, and this House is prepared a
tini<>i to maintain and defend this right ; but it is of opinion that I
inci d legislation which provides for the taking of private property
applying it to public uses, without making full compensation to
owner, is contrary to natural justice and the fundamental principle
legislation in civilized communities, and prejudicial to the intererl
the Dominion ; and that it is the undoubted right and manifest du1
Hia Excellency the Govemor-General-in-Council to prevent sucli leg
tion remaining in force, by exercising the power of disallowance ve
in him by the said Act.' "

That is an impregnable position witli which to come before
electors of Ontario. Not one constitutional statement can be impug
not one claim for equity disputed. And yet the legitimate jxirisdic
of the Ontario Legislnture has never been more vigorously and str
ously asserted. The Ontario Opposition will not concede for a mor
that the Dominion possesses any arbitrary right to interfere with
Tincial autonomy. On the contrary, it asserts the perfect freedor
Ontario in legislation, subject only to the condition imposed npc
by considerations of equity, regard for the interests and reputatic
both the Province and the Dominion, together with a profound res
for "property and civil rights" with which it is its Tunction to <
There is no betrayal of Provincial rights here ; but only the repudit
of any coustitutioual right to perpetrate wrong. If resistance to a
jnstice, and support of the power which may happily possess
riieans of frustrating it, be treason to Ontario, then those who are i
tenderly devoted to their Province must bo content, as Mr. More
said, to be under the imputation. But if, as wo believe, the pc
of Ontario love justice bettor than partizanship, they will reject
scorn the Ministers who are endeavoring to link the cherished can
Provincial rights with so inequitable a measure of confiscation as
Btreamii and Rirers Bill.

Extension of the Franchise.

C50VKRNMKN r REFUSE TO DO JUSTICE TO SONS OF
MECHANICS AND OTHER&

Whep tho bill to oonfor the franchise on farmerB* aons was befot*
the Legislature, the Opposition, then led by the Hon. M. 0. Oameron«
saw no reason why the sons of mechanics and others should not be ad*
mitted to vote on uimilar terms, and moved an amendment to thai
tCfoct, but the Government and its oupporters voted it down. Still adhW'
iug to their determination that all classes should be treated alike, thft
Liberal- Conservatives, at their Convention in September last, made th*
extentiou of tho frauchisc, and especially in the direction indicated, a
distinct plank in tlicir platform ; and when the reformers met in conveii-
tion in January, they loo, seeiug the tide of public opinion setting in
in that direction, also profossed to wheel into line, but passed a reeola*
tion so vaguo that while it might induce people to believe that they were
in accord with the popular feeling on that subject (for which object ik
was evidently designed), it ocvmtitted them to nothing definite. Deter*
mined to test the sincerity of the Government and its supporters on
the question, the Opposition on the 2Uth of January mored Uie follow-
amendment : —

" That all the words in thu motion after tho word * that' be atraok
out, and the following substituted therefor : —

" ' This House is of opinion that justice to lar^e and important
portions of tho community demands a liberal extension of the Parlia*
mcntary Frauchiso, particularly in the direction of oonforiing upon the
HuQM of mochanios and others not now entrusted with the franohiae
tiie same privileges an are now conferred upon farmers' sons.'"

That resolution nieauH something, promises something, end b
practical politics ; but the following Govcrimicut bupportcrs refuBed to
do jubtico and voted it down {Vote* (md I^rooetiJUngti, p. 160) : —

Appleby Grabiim Neelou

Awroy Hagar O'Connor

Hiilfour Ilarcouft Pardee

Ballantiuo HorJy Patterson

Biixttr Uawloy Pock

Bottes Hay Ilaysido

BleKurd Hunter Kobiuson (Kont)

CaldwuU Laidlaw Hinolair

UaHciuion Lyon Stiidnr

ChijJiolm MfoCVanoy Htriker

Derooho

McKim

Watara

Dryden

McLanghlin

Watter worth

Ferria

McMabon

Widdifiold

Field

Mack

Wood

Fraser

Master

Young

Oibson (Enron)

Mowat

Wishing to give their followers au opportunity of pretending yet
that they desired to extend the franchise, the Government next day
pnt up one of their supporters to move the following amendment iu
going into Committee of Supply : —

"That all the words after 'that" bo struck out and the follow
ing iiubstituted :

•• • That the Liberal party of this Province stands pledged to ox
tend the franchise ; that if this House should now lugiHiato to oxtcul
the franchise any law passed for that purpone could not bo brought
into operation in time lor the coming geooral election; that any con
siderable extension of tlio franchise is especially a subject upon which
the poople ought to be consulted; that the approachiug general elec-
tion will t;£ford au opportuuity for so consultiug and ascertaiuing the
wishes of the people, but tho House meanwhile does not hesitate to
afElrm its opiuion that no such extoubion of the franchise will prove
satisfactory which does not, with proper checks and safeguards, give
the right to vote to all classes who can fairly and reasonably claim to
be endowed therewith."

Was over such trauKparimt humbug before attempted to be imposed
on intelligent people .' Tlie Mowat Government have had the powor
and oonld have adiuitbcd the sons of mechanics and others tothefran-
ohisehad tht^y Hodosired, but they deliberately refused to do so when
it waspropuseil. and then iiisulttul them by a sham roRolotiou which
moauH uotJiing n wi commits them to uotliing. The Opposition vrere still
' detorniiued to do soxxiothing practical, and moved a losolutioii to amend
tile Election Bill in that direction ; but the Hon, Mr. Fraser, a member
of tho Government, was determined that the question bIh uld be burkod
and got the speaker to rule it out of order. ( Votrs ami Frooffdings-
p.?04). The; policies of til e two parties arf Ixfore tlio people— tlie one
Btraightfor .vard. honeist and 1[)ractical ; tho otlior »j1ij11 y-shallying, mean-
ingloHK, and evasive— wiiich will tho electors cIioum; ?

DISPOSAL OF TIMHER LIMITS.

Tho Opposition iu the House laid down their policy mth rt-gardto
the disposal dI public property, iu the toUowiiig reHulution : —

'• That all the worils iu the ntotion alter the word ' that' be struck
out, and tlie !ollowiu}4 substituted :-Tlie revenues of tlio Province be-
ing to a larfjeextentdorived from its timber, the supply of which is rapidly
decreasing, the public interests doninnd that t,'reater caro 'lould bo
taJcen for the preserviiti-m of it, and that it should bo provided by law
that no additional territory Mhall be placed under license without the
consent of tJio people's representatives in this House."

This roJiHonaMe [>roj>os.il was voted down by tlio Holid plialanx of
Govorumont KU|»porterH,wljo voted to deprive tho pooplo (through theu
fopresentativosjof a voice in tlio disposal of the vast and valuable tim
bor lauds ol the I'ruvince. — l'oi<ti inU J^ivv^rdifiifn, 18b3, f. 118.

FREE GRANT SETTLERS.

The followiug rosolntiuii, dimi^ned to secure justice to the pioneers
of our free grant (liHtriotH, whh uiovcid by the Opposition, on the 2(5th
of Jannary, V)Ut voted down by the Government and their Hupporturs.
( VdIix iiikI /'r(ifi'i(Iiii;fs, p, 170;: —

■'That all the words after the word 'that' be struck out, and the following
mserted : — ' In the promotion of tlie settlonieiit of the froe grant dis-
tricts ^vory etTort should be made to further tlie interests of the settlers
by a hberal expenditure in the ilevelopujent of the resources ()f tlio
country, and by returning us far as practicable to the princi]>leH of the
Free Grant Act of 18(18, duo regard being had to the interests of the
Province at largo in the income tlerived from the sale of timber as well
as in tlie preservation of such timber au may bo re(piisite for home con-
Bumption.' "

COLONIZATION ROAD MONEY.

Under the system in vogue in the Colonization Roads Department,
the moneys are expended under political bosses . in the interest of the
party in power, the roiiult of which is tluit instead of being expended
in making roads for the people, a large proportion of the funds are
manipulated for the benefit of political partisans. Determined as far as
practical to remove the expenditure from such influences, tlio Opposi-
tion moved the following resolution :

That the following words bo added to the Resolution : "but while
concurring in the Resolution, this House is of opinion that where munici-
pal organization ex'sta the Councils should, as far as practicable, be en-
trusted, under proper regulations, for securing their due application with
the expenditure of moneys voted for colonization road purposes within
their municipalities."

Again the Government followers were called upon to record their
want of confidence in our municipal system, and they voted the reso-
Intion down. — Notes and Proceodiugs, 1883, p. 215.

EDUCATION. '

Recognizing the importance of keeping onr educational affairs
entirely free from jiolitics, whi<h is impossible xmd<'r our system of
party Governnjeut while the Department is under the control of a
political head. The Opposition moved the following resolution, which
was voted down by the Ministry and their supporters. — Notrs and I'm-
•fedinijn. lsS3,p. 19f! : —

" That the following be added to the motion : — That this House
is of opinion that due regard for the interests of education demands
that the educational system of tliis Province should be kept entirely
free from political j)artizanshij). and,, to th.tt end, that the office of
Minister of Education shouM bea})olished. and the office of Chief Super-
intendent of Education and Council of Public Instruction, with -uch
changcK in the coustitution and powers of the Council as experience of
the former working may suggest, should be restored."

BROKEN PLEDGES.

Now that the olectors are called upon to give their verdict on the
conduct of the Mowat Oovorninent, let honeHt Heforracrs consider
whether thit Government have carried out their profeKsions. Have
they not tramped on nearly every principle the party ever advocated ?
Hero are two or three aampluH : . ...

NEUTRALITY IN RKGARD 1 DOMINION GOVERNMENT.

The Reform party were alwayg loud againbt nhaX, they termed the
alliance between the Governmeno of John Sanrifield Macdonald and
that of the Dominion. The (Jlubf u.sed to ring the charges on "hunt-
ing in couploH" whenever Provincial and Dominion MiniHters were seen
together, and Mr. Blake, when he found his Government, thus laid
down the doctrine of the party : —

•• The first point upon which I desire to state the policy of this ad-
ministration is with reference to what may be calh^d the external re-
lations of the Province. • • • We believe that the Government of
the Province ought not to assume a position of alliance or hostility to-
wards the Government of the Dominion." — (/lobe, Dec. 23, 1871.

Let Reformers ask themselves how have the Mowat Government

carried out this doctrine of the party ? As soon as their friends came

into power at Ottawa, did they not form the most open alliance with
tliem, and were Provincial and Dominion Ministers not found "hunting

in couples" all over the Province? And since ever the present Do-
minion Government came into power, have not the Mowat Govern-
ment sot themselves in determined hostility, even going so far as to
mutilate a public report for fear it mi .{ht toll in favor of the National

Policy ?

A CABINET OF LAWYERS.

Another point on which the Reformers attacked the Saiultiold
Macdonald Govorumont, was that it contained too many lawyers,
four out of the live being of that profession ; and when Mr. Blak
formed his Cabinet lie laid down the party policy on that question as
follows : —

" Now, sir, I belisvo there was couHidorablc ditsK!itinfaction in the
country at the composition of the late Cabinet. I believe that, with
no disparagement to the honorable profession which four niend)ers of
the bite Cabinet worn engaged in, and to which I myself belong, it
waH generally thouglit that the interests of the country were likely to

bo better Accnrod if tho lo^^al nloiuentrlul net ahitOHtcxulubiTuly proyall
In tho councilH of tho conntry. Tho laU* AdiuiniHtrntion coutainet! four
memberH of tho legal profcHKion to one \a,ymau."—0 hhf, Dec. 28, 1881.
In accordance with thiH, Mr. Blake formed his Qo\crunient of three
lawyers and tlireo laymen; bnt when Mr. Mowat ciiino in, how did ho
hecp to thiti policy of tho itarty ? Ho at once bcf^an to weed out tho
laymen, nuii now ho Lhh a (Cabinet ronipo,'-o<l of: Mr, Mowat, a law-
yer; Mr. Crook, a lawyer; Mr. Purdi;o, a lawyer; Mr. Franor, a law
yor ; Mr. Hardy a lawyer; and Mr. Wooii, a layman. J-'ivr oui of tMs
mat ai^ hivi/era, and tho only layman in about to rctirtt ! What do Bo
formorn tfadnk of this violation of party principle ?

MKMBKR8 APPOINTKD TO OFFICE.

When Mr. Qreeloy, who had boon a member of the Houho was ap-
pointoil Sheriff of Prince P^dward by tho Sandfield Macdonald Oovern-
ment, a groat outcry was raiHod by Reformers against merabera of the
Houho btnug appointed tu ofiiice by the Government, and Mr Blako,
whoBO (lennnciations of the Oovcrnraemt were most emphatic, garo
notice of motion laying down tho party policy, as followH : —

•' That it be resolvotl, tliat having regard to the uxiating system of
dispensing the Government i>ntronago, no member of this Uouko hhould
be appointed to any oflico ot emolument which may bee^tme vacant In
his coustituojicy." — (^'/>^•*( a»(i Procfnlintf*, 18701, p. '-.^8).

How hati Mr, Mowat (ia.rrio<l out thia principle of tlie party '/ Look
at the record : —

Mr. Gibbons, member for Huron, appointed Sheriff I

Mr. Gow, member for Wellington, appointe<l Sheriff I

Mr. Maai-io, member for Wellington, appointed liegistrarl

Mr. Williama, member for Hamilton, ap{)ointud Registrar!

Mr. McLawB, raoml or for Klgin, appointed Den. Clerk of tho Orofwri I

Mr. Paxton, member for Ontario, appoiute<1 Slioriin

Mr. Springer, mondwr for Waterlo«j, !ippointe<l Sheriff I

And tho follow ing niombers also appointed to otlicti, thougli not in
their own constitnoncoj* :—

Mr. McKellar, made Sheriff of Wentworth !
Mr. Lyon, made Stipendiary Magistrate !
Dr. Clarke, made Sheriff of Thunder Bay I

While other mombora are believeii to bo only waiting tho diottolntion to
step into ofliuos. What do eonsistent Roformera think of Mr. Mowatr«
ropord of violated prinoiploH f