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Lorsquo le document est trop grend pour itre reproduit en un soul clichA, il est fiimA A partir da Tangle supArieur gauche, de gauche * droite. et de haut en bas, an prenant la nombre d'imagea n^cassaira. Lea diagrammes suivants illuatrant la mithode. 1 2 3 1 2 3 4 5 6 MKaoCOnr ■BOUITION TBT CHAIT (ANSI ond ISO TEST CHAUT No. 2) A ("») 28«-59a9-Fo. CORRKSPONDKNCE, REPORTS OF THE MINISTER OF JCSTICE AMD ORDEf^S IN COUNCIL UPO" THE SUBJECT OF .'I H' t I PROVINCIAL LEGISLATION W 1904-1906 COMPILED UNDER THE DIRECTION OF THE HONOURABLE THE MINISTER OF JUSTICE. Br FRANCIS H. GISBORNK Barritter at Law, of the Department of Justice. M > •^" ^m m aOVERNMEf OTTAWA fT PRIntinm; 1907 BUREAU if CONTENTS Provincial Legislation — P*o«. 1. Ontario 2. Quebec ....!........ ^ 3. Nova Scotia .. '" " .. '" " ^ 4. New 6runswici< ' 5. Manitoba Qi 6. British ColumbiB * 7. Prince Edward Island 187 8. Saskatchewan 9. Alberta ^^^ 10. Yukon "■ "* ^7g Trtble of Acts disallowed 101 '''";ble of Acts reserved . 181 1 Acts commented on 182 m n 41 MINrsTEKS OF JU8TICE. Ifl04-0«. i 1% Frtmi Hon. Charlea KitziMilnok. K.C L „ Keh. U, I!IU2 Hon. All»n Hriatol Aylwiworth, K C i , . June 4, lUW i-'uw 4, iwe. Depi'ty Ministkr of Jubtici. m m OMTAmiO. r 4 lOWAU) VII., 1804. (Apiirvvfd hij Order in Council, 18 Novemher. 1901).) Department or Ji mtick, Ottawa, 20th Oetolx-r, UKM. To Jilt F,xei> last •«>Mioiit of tht< l(>gittlutiir«>t th<'ri>o{ (ItMM), »* fullowi: — Oiii.irio. 4 K ttatiitt'S were rewived by tlie Secrotary of SlaM oil tfth July, 190-K Tlii-»c HtiitutcH iniiy Ih^' left ti) tlii-ir upfratiuii, but attviitiou is directed to C" ..•>' . 18, intitultd: 'An Art r«'i«poftlii(j aid to wrtnin Railway*.' This Act nuthori«f« a subsidy in cash and land to tbc Grand Trunk Pacific iwiii- way, which is a railway i: 't within the authority of the l<«islnfun of Ontario. It goes on to provide among oil ; hiiiKs that the location of thr line of railway nhall be sub- ject to the approval of tin- Railway ('oiuniitt«H3 of the Executive (\)uiu'il of Ontario; that the rates for passengers and freight which may be charged upon the railway shall be such ns may be approved by the said couimitU'e; that there shall be no secret special rates, rebates, drawbacks or concessions to favourite shippers, nor anything which will affect or prevent free competition, and that the company Hhall be obliged upon the re- quest of any township or county municipality through which the line of railway passes to carry roadmaking materials at the actual cost of handling and carriage. These anil other like provisions affecting the constructjou or working of tli') rail- way are not competent to the legislature. It may be that they are only intended to have affect as matter of agreemert between the local government and the company as a condition to the grant of the sulmidy, and in that view they may be, left to such operation as they may have. The underoigned desires, however, to reiterate that in ich as railways such as the Grand Trunk Pacific are excluded from provincial autl. ty by the British Norch America Act, the provisions in question cannot huvc effect as statutory requirements binding the company. Chapter 81, intituled: 'An Act respecting tb'- trfindon, Aylmer and North Shore Electric Railway Company,' and sevci. •>ther Acts i.Korporating or affecting compan- ies, contain a provision which has be ■■ i not unusual in provincial Acts relating to companies whereby it is enacted that aiitns may le .sha r<>holders in such companies', entitled to vote on their sliares and eligible as directors. These enactments are, in the opinion of the undersigned, ultra vires, as legisla- tion with regard to the rights and capacities of aliens is clearly within the exclusive authority of parliament. The undersigned does not, however, on that account rfe( .mmend the disallowance of these Acts, as he is not aware that the public interest so requires, and judicial effect may of course be given to the objection if it should become necessary to raise it. The undersigned recommends that a copy of this report, if approved, so far as it relates to each province, shall be eoinmuuicated to the Lieutenant Governor of the pro- vince. Humbly submitted, 0. FITZPATRICK. Minister of Justice. n ■ Km., ;f i 1; i^' 11^ 'f' ONTARIO LEGISLATION 6 ESWASD VII., 1905. (Approved hp Order in Council, 13 November, 1905.) Department o¥ .Tistice, Ottawa, 6 November, 1906. To Hit Excellency the Governor General in Council: The unclcrsiffned has had under consideration the statutes of the Legislative As- sembly of Ontario, passed in the 5th year of His Majesty's reign, 1905, and received by the Secretary of State for Canada on 17th June last, and he is of opinion that these statutes may be left to such operation as they may have. Chapter 83, intituled: ' An Act respecting the City of Toronto,' provides that the municipal corporation of the city of Toronto may straighten the Don river, and enter upon, take, use and acquire all necessary lands for the purpose of doing such work, and that the corporation may div%rt the river into the straightened channel. The undersigned construes this enactment as intended merely to confer corporate capacity upon the municipal corporation to perform the work in question, and not as intended to authorize and empower the municipality to in-terfere with navigation with- out obtaining adequate legal sanction. It is clear, of co\irse, that no authority for any such purpose can be conferred by a local legislature. Chapter 117, intituled: 'An Act to incorporate the United Nickel Company of Canaaa,' incorporates the said company with authority to acquire the property and rights of the Huronian Company, Limited, and of any other companies incorpor.ited for the purpose of mining, smelting, refining or any similar or cognate purpose. The undersigned does not construe this Act as intended to authorize the company to carry on business beyond the limits of the province, although its powers in this re- spect are not so clearly or expressly limited by the Act as in the opinion of the under- signed they ought to be. The Act cannot, of course, operate except to constitute, and with reference to, a local mining company. The undersigned considers, however, that it would be advisable to amend the Act by adding a proper limiting provision as to the powers of the company. The undersigned recommends that a copy of this report, if approved, be trans- mitted to the Lieutenant-Governor of Ontario for the information of his government. Hiunbly submitted, C. FITZPATRICK, Minister of Justice. 6 EDWARD VII., 1906 6 EOWASD Vn., 1906. Florence Mining Company. Toronto, Ont., December 29th, 1906. The Secretary of State^ l*arliament Buildings, Ottawa, Ont. Dear Sir,— I beg to inclose herewith petition of The Florence Mining Company, Limited, asking for the disallowance of chapter 12, of the statutes, 6 Edward VII., Ontario, which as in the said petition set forth, confiscates the vested rights of this company. I am, yours truly, J. HOBSON, Secretary. To His Excellency the Governor General of Canada in Council: The petition of the undersigned Humbly Siieweth: 1. That your petitioners are a mining company duly incorporated under the laws of the province of Ontario. 2. That your petitioners are entitled to the rights acquired by one W. J. Green, in twenty acres known as J.S. 71 and being part of the land under the waters of Cobalt lake. III the township of Coleman, in the province of Ontario, and to the minerals there- under, under and by virtue of the discovery by the said W. .T. Green of valuable min- eral thereon on the eighth day of March, 1906. 3. That your petitioners say that under the Order in Council of the 30th of Octo- ber, 1905, referred to in the annexed copy of petition, Cobalt lake, which is part of the township of C;oleiiian, was open for exploration, at the time of the said discovery by the said W. J. Green, and that he thereby became entitled to the said property under the provisions of the Mines Act and the regulations then in force. • u*' ^°"' petitioners joined with others in submitting the petition of which a copy 13 hereto annexed to the Lieutenant-Governor in Council of the province of Ontario but the prayer thereof was refused, and your petitioners were denied any relief what- ever. 5. That an appointment was made by the Honourable the Premier of Ontario to hear your petitioners and others interested, but although asked for, no opportunity was afforded your Petitioners of giving e\ idence to establish their rights which evidence they were then and still are prepared to give under oath. On the contrary at the said inter- view the Premier read an ex parte statement which had been prepared before hearing yowe Petitioners and which was at the time justly characterized by Mr. C. H. Ritchie, K.C., senior counsel for your Petitioners as a Brief against your Petitioners. 6. Your Petitioners have always been ready and willing to prove conclusively all the allegations of fact contained in the said Petition and have offered to do so by evidence under oath, but have been refused an opportunity to do so. 7. But for the Act of the Ontario Legislature hereinafter referred to your Petitioners would be entitled to a Mandamus to compel the recording of their mining claim by virtue of which they are entitled to the minerals under said twenty acres. The application for a Mandamus should be made before the 7th of March, 1907. The said Act was read three times, in one day, being at the close of the session of the >T I i tt ONTARIO LEGISLATION Ontario Legislature without any previous not- :o being given and your Petitioners or any other person whose rights might be unjustly taken away thereby had an oppor- tunity of making any objection to the passing of the said Act. 8. At the said interview Mr. C. H. Kitchie, one of His Majesty's Counsel stated that he would pledge his professional reputation that any court in the province would construe the said Order in Council of ;jOth October, li»Or>. ns throwing Cobalt lake open for exploration and if it was so open for exploration, it is concedwl by Ontario that your Petitioners are of right absolutely entitled to the property claimed by them. 9. The said Act, if not disallowed by Your Excellency, would confiscate the vested statutory rights of your Petitioners to the said part of Cobalt lake without compensa- tion although the said rights had become vested before the passing of the said Act. 10. If not disallowed the effect of the passing of the said Act will be to discourage and tend to prevent the investment of capital in the mining industry in any part of Canada aiyl especially in Ontario. 11. The injuiious effect of the said Act if not disallowed upon the credit of the Dominion of Canada and all the provinces thereof will be exceedingly great. Wherefore your Petitioners pray that the said Act, lieing 6 Edward VIT.. chapter 12, entitled 'An Act Respecting Certain Orders in Council and Certain Crown Statutes,' may be disallowed, pursuant to the authority vested in Your Excellency in Council by the British North America Act. And your Petitioners will ever pray. J. HoBsov, Sec'y. THE FLORENCE MINING CO., LIMITED. H. S. PmTciiARn. President. L.S. To His Honovr fhe Lieutenant Governor of the Province of Ontario, in Council: The petition of James McLaughlin, Sr., of Owen Sound; W. E. Stnnley, of Lucan; Wilson M. Southam and P. D. Ross, of Ottawa; George Gordon, of Cache bay; W. J. Green, of the city of Toronto, and the Florence Mining Company, Limited, Humbly Sheweth: 1. Tliat at the last session of the Provincial Legislature an Act was passed confirm- ing a certain Order in Council passed on the fourteenth day of August, 1905, in refer- ence to Cobalt lake and other areas, and declaring among other things that all discov- eries and claim-s respecting such lands and mining rights shall be dealt with by the Lieutenant Governor in Council as he may think fit. 2. That your petitioner W. J. Green secured the services of an engineer who had made a careful study of the geological formation and mineralogical character of the rocks and mineral deposits in the township of Coleman, and who concluded that there were certain deposits of valuable ore or mineral in place under the waters of Cobalt lake. 3. That your petitioner W. J. Green thereupon applied to ihe Bureau of Mines and obtained all the information then available in the Crown Lands Department in regard to the regulations in force, and according to the information and regulations supplied him on behalf of the Crown, the said Cobalt lake was at the said time open for explora- tion and discovery, and believing that if he made a discovery under the said Cobalt lake he would be entitled thereto under the Mines Act and regulations passed in pur- suance thereof, your petitioner, W. J. Green, expended bona fide a large sum of money, and as a result thereof made a bona fide discovery of valuable ore or mineral in place under the waters of aaid Cobalt lake, he immediately complied with the regulationi relating thereto and had the same surveyed, and shortly after within the time limited therefor, paid to the Crown Lands Department the purchase money therefor. 4. That upon the said W. J. Green tendering the notice and aflSdavit required under the Mines Act and the regulations passed in pursuance thereof, he was informed by the government official at Haileybury that he would not record the claim of the said 6 EDWARD VII., 190« Green, as lie, the said official, had received instructionB from tlie department iij'. to record claitiis on < olialt lake and on two other lakes which he mentioned. That subse- quently your iHititioner, W J. Green, learned that an Order in Council had been pasaeil on 14th August, 100,">, withdrawing the said Cobalt lako from exploration. The said Order in Council was not published for some months thereafter. It was published in the Gazette on Xovembor 4th, 1!)0,'>, Imt was not (lircetl.v or indirectly referred to in the regulations handed yo\n' petitioner, .\Ir. W. J. (ireeii, by the Cioveriinient for his guid- ance which contained the subse<|uent Order in Council of liOtii October. The said Order in Council of 3()th Octobt^r authorized the Mining Inspector to record mining claims in the Township of Coleman and in certnin other townships therein nanu^l. Cobalt lake is part of said township of Coleman, and any one reading the said regula- tions as furnished by the Government woidd be justified in concluding that Cobalt laka which had not been hitherto disposed of was thereby thrown open for exploration. 5. That the said W. J. Green offered to the Crown Laud Department to tlemon- strate that he acted in the utmost good faith and had made a bona fide discoverj- of valuable ore or miueral in place as the result of the expenditure of a considerable amount of money, and also that there was no prior valid claim to the said location applied for by him, and also that he was tlie first discoverer of valuable ore or mineral in place under the said ('obalt lake and on the location applied for by him, and that he was justly entitled to said location. 6. Your petitioners humbly submit that they were justified in relying on the priuted information furnished them on behalf of the Crowu which contained the Order in Council passed on the 30th of October, 1905, but contains no reference direct or in- direct to the said Order in Council of the 14th of Atigust, 1905, and your petitioners consequently submit that the discoveries made hoiui fide by them should bo protected and that their rights in the premises are founded on natural justice and clear equity. 7. Your petitioner, W. J .(ireen, has transferred all his right, title and interest to the W. J. Green Location, Cobalt lake, which was surveyed as J.S, 71, to the Florence Mining Company, Limited, which is now entitled thereto. 8. Your petitioner, other than said Green and said I'ompany, have purchasetl the right to the benefit of the information acquired as aforesaid as to other mineral deposits under said Cobalt lake, and have offeretl to the Crown Land Department full,y to com- ply with the Mines Act in respect thereof, and submit that they should not be deprived of their rights, but that said Col>alt lake should be dealt with under the general law and their rights protected. 9. It is too clear for argument that if the matter were one iKtwecu private parties, your petitioners in the circumstances would be entitled to succeed, and it is confidently submitted that in dealing with the questions involved the Crown should consider itself bound by the principle of law which the Courts of the land would enforce against private parties, and that therefore the rights of your jKititioners in (.'obalt lake should be protected and recognized. Your Petitioners therefore pray : 1. That the rights and elnirns of your Petitioners in resiH'ct of tie lands under the waters of Cobalt lake should be investigated and considered. 2. The said lake should be dealt with under the general kw, and granted to the first discoverers of valuable ore or mineral in place undt-r the wnters of said lake. 3. That your Petitioners beinjr entitled to the rights of such first discoverers should be held entitled to the portion of the lands under the said Cobalt lake now vested in the Crown. And your Petitioners will ever pray. Dated this 8th day of June, A.D.. 1!h(6. .T. M. CLARK, Snliciff>r fnr W, J. Groen and Tho Florenro yfiuinn Cnmjmnu, Lltnifpd. .TAMKS BAIKI). Solicitor for James MrlMii(/hlin, Sr.: 11'. E. Stanley, Wilson M. Sonlham, P. 1). Ross and George Gordon. iV-ft: I >■■'■ I ■Hi T ONTARIO LEGISLATION Toronto, December 11, 1906. Hon. A. B. Atubworth, K.C, Minister of Justice, Ottawa, Ont. Deab Sir,— I write you on behalf of Mr. Frank B. Chapin, Mr. Henry Dreany and others, to ask for dissallowance of an Act of the Ontario Legislature passed at the last session and chaptered 12, on the ground that the Statute interferes with vested rights of property, withrut providing any compensation. Briefly stated, the position of my clients is, that prior to the month of August, 1906, they made discoveries of valuable mineral in the bed of C!obalt lake, the bed of Cobalt lake being at the time part of the Temiskaming Mining Division open for location under the Mines Act of Ontario; that they complied with the requirements of the Act by staking and recording their claims, and received from the Mining Re- corder the usual certificate of record of their claims. Thereupon their rights in the mining, location so discovered, staked and recorded, became absolutely vested under the provisions of the Mines Act of Ontario, and the Crown had no option to refuse a patent. On the 14th of August, after such rights had so become vested, an Order in Council was passed, copy of which I inclose. I thereupon represented, on behalf of my clients, to the Government of Ontario, that the Order in Council was invalid and ineffective, and discussion and consideration of that question thereupon arose. The matter w«s kept continually b' fore the Gov- ernment from August, 1905, until the last day of the session in May, 1906. Within two or three days of the close of the session, and without any w-irning or communica- tion to me, and without discussion upon the floor of the House, or in Committee, the Act in question (Chapter 12) was passed in one day without being printed, validating the Order in Council, and, as I submit, confiscating my client's rights. Since the 14th day of ^f^y my clients have, without prejudice to their right to have the Act disallowed, been pressing upon the Government of Ontario that they should, under the last clause of section 1, rectify the wrong which they have done, by dealing with it by Order in Council. They have now declined to do this, and I am, therefore, compelled to take the only other ootirsp open, namely, to apply for disallow- ance of the Act. As the Government are inviting tenders for the purchase of this lake, to he put in by the 20th of December. I write to ask yo\ir attention to the matter. I have written to the Government of Ontario, asking; that, pending this applica- tion, no action be taken with the lake, and to suggest to them that the difficulty may be obviated by their adding to clause 1 of the Act a section providing for compensa- tion in respect of vested rights existing before the 14th of August. 190.5. such rights to be established by an ordinary action in the High Court of Ontario. As my clients are eminently substantial people, there can be no reasonable objection to giving them an opportunity of establishing their rights. T am nware that n* first sight this legislation appears to relate to a matter of pro- perty and civil rights within Ontario, but it is none the less true that such action exercises a prejudicial effect on Canada at large, by destroying the credit that should attach to the Public Acts of the Provinces, and to rights that have been legally ob- tained thereunder. You will find a precedent, which appears to me to be on all fours, where legisla- tion of New Brunswick interfering with the terms on which mining leases were held was disallowed by the late Sir John Thompson. Dominion and Provincial Legislation, 1867-1895, page 750. Other cases will be found at pages 177, 238, 376, 464, 856, 941, 1047 and 1176 of the same volume. I am preparing a petition setting out the above facts and proof verifying the same, but meantime, write you this letter, as the matter is urgent. Yours truly, 0. A. MASTEN. t EDWARD VII., 1006 | Copy of an Order in Council Approved by Hit Honour, the Lieutenant Governor, the nth day of August, A.D., 1906. Upon the recommendation of the Honourable the Minister of Lands and Mines, and considering the importance of the subject, and the desirability of exercising care- ful judgment in arriving at a conclusion with reference to the adoption of a scheme or system of dealing with the mining question, the Committee of Council advise that all that tract of land or territory formerly known as the Lumaden and Booth Timber Limit, now known as Oillies Brothers Timber Limit, lying on both sides of the Montreal river, in the Nipissing district, containing one hundred square miles, more or less, also the lakes known as Cobalt and Kerr lakes, situated in the township of Coleman, be withdrawn from exploration for mines and minerals and from sale, lease or location. Certified, J. LONSDALE CAPREOL, Clerk. Executive Council. (Approved hy Order in Council of iiSlh May, 1907.) Department of Justice, Ottawa, 21st May, 1907. To His Excellency the Governor General in CouncU: The undersigned has had under consideration copy of the Statutes of the Legis- lature of Ontario, passed in the sixth year of His Majesty's reign, 1906; received by the Secretary of State for Canada«on 13th June last, and has the honour to report that these may be left to such operation an they may have, subject to the following comments : — Chapter 12, intituled ' An Act respecting certain Orders in Council and certain Crown Suits. This Act confirn.. an Order of the Lieutenant Governor in Council of 14th August, 1905, withdrawing from exploration for mines and minerals and from sale, lease and location the lands known as Gillies Brothers' timber limit lying on both sides of the Montreal river, in the district of Nipissing, containing one hundred square miles, more or less, and also the lakes known as Cobalt and Kerr bikes, anrrte'ed by the Lieutenant Governor of the provinec for Your Kxccllency's pleasure. The Bill amends paragrniili of nrtitile ■5iMI of the Code of Civil Procedure by striking out the lirst clause and substituting therefor the words ' Salaries of public officers, with the exception of those of public officers whether |)ermancnt or not of the province (or exercising their functions and offices in the province) which are seizable for.' The Lieutenant Governor reiKirts that his reason for reserving this Bill was that the words ' or exercising their functions and offices in the province ' which constitute the amendment to the existing law. might be construed as rendering liable to seizure the salaries of public officers apjwinted by the Federal Government, and might be con- sidered as an infringement on the legislative power of the Dominion parliament. The undersigned considers that the reasons stated by the Lieutenant Governor for reserving the Biil are such as to demonstrate tliat the Bill should not receive effect at the hands of Your Excellency's (lovemment, and he recommends; therefore, that no action be taken on the said reserved Bill. He further recommends that a copy of this report, if approved, be transmitted to the Lieutenant Governor of Quebec for his information. Humbly submitted, C. FITZPATRICK. Minister of Justice. * EDWARD VII.. \WH (Approved hy Order in Council 16lh Xoyember, 190i.) Dkpahtmknt ok JI'UTKE, Ottawa. Unh October. UKM. To Hit ExceUenry the Oovemor General in Counril: The undersiiftuil has the hontiur to submit bin reju^rt mi the Htatiito* of the several provinces, paatted nt the last si'ssioiiN of the leRisbitiiiVH thcn-of (11K>4). ui* follow*;— • ••««« Qiieliec, 4 Edward VII. — rei-eivwi by tin- StvrctHr.v of St«tp on 1.5ih June. 1904. These statutes ina.v be left to their oiierution without eoinnient, except: — Chapter 93. intituled ' An Act respecting the Toronto General Trusts Corporation,' by which the corporation, being a body corporute under the laws of the province of Ontario, and having its head office in the city of Toronto, is authorized to carry on business in the province of Quebec. Further powers are also conferred \ipon the cor- poration. This Act is, in the opinion of the undersigned, objectionable for reasons which have In-en heretofore stated. The undersigned is not prepared to admit that a local legislature, in the execution of its authority to incorporate companies with provincial objects, or in the execution of any other authority, can confer upon a company incorporated by another province, powers which, if in terms conferred by the incorporating province, would not fall within the description of provincial objects. I'lion former occ jiona it has been deemed sufficient to call attention to objections of this character, leaving thetn for the deter- mination of the coiirts when they arise, and the undersigned considers that the public interest will be served by following the same course in the present case. • ♦ »* • • « « • « » The undersigned recommends that a copy of this report, if approved, so far as it relates to each province, sh.ill be communicated to the Lieutenant Governor of the province. Humbly submitted. C. FITZPATRICK. Minister of Jtutiee. qi'RHRC I.ROIRI.ATION QUEBEC. 6 EOWABD VII., 1805. iTniHuferreU to Miiiiittr uf Ju»tice, Jul^ I'j, 1906.) TonoNTo, Uth July, 1005. The Ri^ht lion. Sir Kiuhard CAHTwRKiirr. Minister of Trndn and Couimcrfe, Ottawa, Ont. Sir, — The following nmendnientx have rtvently been made to article 239 of the Quebec License liaw: — ' Any person not rewidinK in the proviiic-o, who i* desirous of acting as a commer- cial traveller, by goli.;iting or taking ordera for or celling goods, wares or merchandise, other than intoxicating liquors, or by advertising or offering Huch good» for sale, by ■ample catalogue or price list, for ii ]x>rson, firm or corporation having no place of business in Canada, shall first obtain a license tlwrefor from the collector of provincial revenue for the district in which he begins his operations in the province. ' Such license i*, subject to article 9 of thi« Act. granted for one year, ond expires on the first day of the month of May cub«MMi\iont to it* issue. ' For each license for a person not ri-Hiding in the province to act as a commercial traveller by soliciting or taking ordera for, or selling goods, wares or merchandise, other than intoxicating liquors, or by advertising or offering such goods for sale, by sample, catalogue or price list, for a person, firm or corporation having no place of business in Canada, ♦hree hundre«l dollars.' I represent a u.m whose headquarters are in Englond but who employ me to look after their business here in Canada. The office which I occupy in Toronto may or may not be termed .i place of business for tho firm I represent, \>ut if it is not termed a place of business for this firm I am debarre*! from soliciting in the province of Quebec any orders for this firm unless I pay the sum of $300. A person living in the province of Queh«>c has conferred upon him the privilege of representing any firm in Oreat Britain on payment of municipal taxes and a busi- ness tax which amount to about twenty or twenty-five dollars. It seems to me an outrage that I, a citizen of the Dominion of Canada, not happening to be a rc-ident of the province of Quebec cannot go into the city of Alontreal and solicit orders for any of my principals even if I ofTor to pay the municipal tax and the business tax the same as is levied upon an agent residing in the province of Quebec. In my opinion such legislation is not within the power of any Iwal legislature. I am further advised that if a person is not a resident of the province of Quebec and happens to represent say ten finns whose headquarters are in Oreat Britain but who have no place of business in the Dominion of Canada, the Gh>Ternment claim that they are entitled to co" ^00 for each and every firm so represented. This would make $ii,000. Surely a dium ciinuot lie legal. I beg to ask for a reply ac your earliest convenience, and that you will let me know what action the Government, if any, intend to fake in the matter. Yoitrs truly, A. J. ROBERTSON. M KIIWAKIt Ml \mtr, The lliiHuurahle the Mini'hr of Jutlia-, Ollawn, Ont.: T<»H«>NT»>, fw^K*, l"th July, 1WMV. ' SiH, — On tiu- 14tli iiii C'oiiiini'n-f. uiui i In-k to incjoar to yi>ii a ropy of \\\\h letter. The Iloiioiiriilile Minister iiiforiiitHl me I'.uit tite eomniiiiiiciition lunl lieell trillliferreil to yoiir ilepHrtlllent. UUil I nhnil fi'el olili|{eil if .villi eoiilil |p| nie lllive uii itiiine lUvirouf* of |iroeeeiliii(r to Montreul iiinl >io not \vi<«li to Im nniletttl in a tiix of $:HH\, vhere I l«'lieve tlic> tux to he iiUni ririn of tlio provinrinl parliniiiont. I muy mention that tliere nre a niiinber of {leople in Toronto vilnil.v iiiterestetl In thin quewtion and with snm<> of theip 'he delay in action by the Domir.ion (iuverniupnl will mean a very heavy loan. Surel; .>annot U- |io«iiiblo that ii citizen ■ f the Domin- ion in the proHet-iition of hii4 hii«ine4s ciinnot enter the proviinre of l^uehec without beinK »iihje<'t to thin enormous import above and Ix-yond what the citizen liviiiK in the province of (/iu-Im'c has to \my, Vours truly, A. J. ROBERTSON. Dki'akt.mkm ok .Iintuk, Ottawa, iNth July, lUOa. SiK, — Your letter of the 14th instant reepecting the ameuJment« recently made tc the Quebec Liceiue law has been transferred to the Minister of Justice by Sir Richard Cartwright. I am directed by tlw Minister of Justice to inform you that while, of cou.be, he cannot undertake to advise you wli^ther your office at Toronto is a place of busineas in Canada of tlx. lirnw for whom you act as agent within the meaning of the amend ■nc.it to the Quel>ec Act, the other point, i-c, whether the amending statute is within the powers of the Quebec Legislature to pass, will receive the Jtfinixter'a most careful attention when the question of the validity of the Act coi « to be considered. I vm, sir. Your obedient servant, » A. POWER, Acting D. M. J. J. J. RoBKHTNOX, Esq., Agent, Toronto, Ont. ToRO.NTo, July IS, 1W6. Hon. C'llAS. FiTZI'ATP.ltK, Minister of Justice. Ottawa. Dkar Sir, — On July "''h. I wrote the Hon. MinistratNn.i that hnvinf an office, payinc a law rant for .am. har.n, a .taf of clerk.. crryiuK « brr- lot of .ample, bm SSt aSv cari'n-^' delivermc ....ck. .. not ,...„,i,le«.| a pl..,n „f b«.i™«. i„ Canada. No doubTth"! 1 . bu.yt.me w.th .t»„ „„ .cco.mt of th.. Hou«, «, «,„ doting, hut I trutMhat you wl» am the .mp<.rtance of tmitimr with thi. matter at ooc«. ' Awaiting your reply. I hnve the honour to be, Vour. trtijy, T. McQlJir-LAN. Prttidtnt. Dkpaktmk.nt ok .Fimtkk. Ottawa, 1l»th .Fuly, IIKW. Hw.-I «m dirrct<-l by the Mini.ter of Ju.li.-e to acknowiedg.. re.-..int of your let- t.»r of IMth ,„„„nt. with reference t„ „„ Act re.-....t!y ,»*«^| by the legi.lature of Que- bee. iui|N«ing n licenMc fc- of |.J<»0 on .omnierciid travcllerx. Ill reply. I beg to .ay that the government ha. until the 2nd .lime. 1900. to con- .idcr the qu... ,on of .i.»aliowan«.. r„ti! the nmtter i. laid b,.fore Hi. Excellency the ( ..vnnor neaero! in Council m .-onniK-tion with the question whether or not the Act •hould he .IhhIIow.h1. ,t would not U- pro^-r f..r thi. department to expren. an opinion a. to It* proviM.on*. I may .ay. however, that the <|u..llion of tl«- validity of the Act will reet'ive the eiirln<.t imfutibie onitidcration. I have the honour to be. tiir. Your obedient wrvant, A. IHtWKR T.McQ. n.,.AM. Em,. ^'■'•■'•'' ^'""'^ ^'••"''■' "' •'«*'»■"• rrexi.lent. Commercial Travellers' ARswiation of Canada. Toronto, {Transferred bu MinUler of Trade and Commerce to Minister of Justice gi July 1905.) 89 AND 40 CeXTBAI, IIolSK. ClIHlSTl HI RCH BlIILDINOS, BlBMINOHAM, 11th July. 1905. The Kt. lion. Sir R. J. Cartwrioiit, O.C.M.G.. P.C., Minister of Trade and Commerce. Ottawa. Sm,-T am being inundated with letters from various firms doing business in Can- ada as to the effect of the law passed by the Quebec Legislature imposing a tax of £60 on commercial travellers doing business there. Many firms in Great Britain have gone to considerable expense sending out travellers to Canada for the purpose of open- ing up business, and this more espe<.ially with firm, who have not done any business, mea-is the closing iij» of all business in Montreal and Quebec. It is not for me to make any comment on this tax. but undoubtedly it is giving cause for a great deal of irri- tation m business circles. I have the honour to he, sir. Your obedient servant, P. B. BALL. r, . , . „ . Commercial Arent at Birmingham. Commercial Agency Service.' (Transferred by Minister of Trade and Commerce to Minister of Justice, g? Septem- ber, 1906.) 17 ViCTOKU Stb£ET, Lomwm, S.W., 4tfa July, 1906. SIR.-I beg to send, herewith, for your perusal, copy of a letter from Messrs. J. 1 If u Tu' ^A°"i*^'T* Stanford street, Nottingham, in reference to the new law^assed by the Quebec Legiskture providing for a $300 tax on commercial tra- • BDWAIIO VII.. tMI Tb« oomiauiiioBtioii in quMtion la on* out of quite a nuu jt/t that haa rfaebed ma on the natter, and imlicatM tha general fceliuK ainontf buaineM boua«^ who are iu the habit of tenilinv tr»vi>!l(>r« to Canada to r>>prc««nt them. I am, tir, Vour olivdient Mrvaiit, STRATHCONA, High Comtnitnomr. Tb<> RiKht Honourable Tbu Miniatir oi Trndo ui'd (.'outuit^rce, Ottawa, Caiiadn. J. B. LeuiM Ik SoNB, Limited, Stanford Street, XuTTiNuiiAU, Juno iMh, 1005. Dear Sir. — R(r<'\vith to )>uppli>iii«-iit th«! inti-rview you kindly gruiitfHl our repreacntiitive, and to point out that thii4 will prc^t v)>ry hardly on uuinufiu-turem of ■taple pnxlueta »uch a« hosiery. We n>«|iLVt fully iiugKogt that thi^ art ion will not n>uk)- for inorea»o of trade or tend to foxtrr tho nci|uaintan<-o and conHdenco «o deHiriiblf between manufacturer and buyer. We are continually told, ' Do not rely on tifp-uts; conio youraelve.-) and atudy our market and requirementii.' an/■ S^^T T; •^'»"''^"™> Secretary, Maritime Commercial Travellers' Association. Mr. F. J. C. Cox, Secretary, Northwest Commercial Travellers' Association. On motion, Mr. J. S. N. Dougall was selected chairman, and Mr. F. J. C. Cox secretary. The acting secretary introduced the followiiifr motion, which after n .short .iiscus- sion was on motion of Mr. ,Tohn Horn... president of the Northwest Cunnncrcial Iravellers Association, seconded by Mr. J. L| Hetherington, president of the Marl- time Commercial Travellers' Association, unanimously adopted:— This meeting of the representatives of the Coinmerci.l Travellers' As.sociations of Canada unanimously resolved thiit the ].'f.Msla1ioii enacted by three of the provinces placing a tax on commercial travellers is detrimental to the interests of our several associations and the members thereof; also to the large commercial interests which they represent. This legislation also appeals to us contrary to the spirit of confedera- tion. It being in restraint of that freedom of trade and commerce which is so essential between the various provinces of our Dominion. We would, therefore, at this joint meeting again place ourselves on record as decidedly opposed to this legislation, and in the continued hope and expectation that His Majesty's (iovernment of the Dominion will not permit such lofrislation to remain on the Statute Hook of .-iny of th. provinces. Resolved, that a copy of this rcsohitioii be sent to the Ifi^rht lion. Sir Hichard J.' Cartwright, (;.C.M.(;.. Minister of Trade .ind Commerce, iiud the Right Hon. Sir Wilfrid Lnurier. Premier of Canada; also to the press. The liieeting then ndjoiirned to meet nfriiin next year (.n a date to lie arranged. DowMxa Street. 1st September, 1905. Mv T/1KI).— I jiave the lionour to transmit to yen for the information of your Ministers, with referen.v to my dcspateli Xo. -2^,:', of iOtli .Tune, the palmers noted in the stibjoined schedule. T liavf The Officer Admiiiisferiiiy' the Cioverninent of Canada. (S.l.) ALFRKD LYTTELTON. DiUf. I!t0.j August 23.. 23.. M . . HeKcription of Dotiiuiem. iHoaril ef Trade to Colonial OBi»- (and incloniii-esl. I.Xxaoriatidii of Triui'' I'rotwtioii .Societies to foliiniii! OHi.-.', jCdlonial Ottice to Koyal A\inin«ter Carfiet MaiiiifaiWiiers A««->ciatioii ; ! Christy Coiniianv, and .Vssociation of Trade ProUttiiin Serson not ri^idjug in the province who is desirous of acting as a commereinl traveller by solii'itin? or takiuji orders for or selliiipr goods, wares or mer- chandise, other than intoxicntiiiir ]i(|iiors. or by advertising or offering such goods for sale, by sample, cataloguo or price list, for ii iK>r,son, firm or corporation having no place of biisines.-. in Canaihi, >liall first obliiiii a license therefor from the collector of provincial revenue for the district in which he begins his operations in the province. 'Such a license is, subject to article of this Act, granted for one year, and ex- pires on the first day of the month of ^lay subsequent to its issue"; and article 342 of the said Act is amended by adding thereto a ])rovisioii for payment for each such license of $.'500. The Act also contains provisions for i>enalties for infringement. The Comptroller of Provincial Ueveinic on titli .lun<\ lOO.I. wrote to ifr. Kansdm, the representative of the Cariiet ^lanufacturing I'ompaiiy, L. -lite.l (Kidderminster) as follows: ' The law is now in force and in o])eration. Ry jilaci of business is meant an agency or office with a resident agent. Siicli agent, iieting for a commercial cor- poration, would not pay license duty under the inclosed statute, but the company he represents would be liable to taxation under the Commercial Corporation Act, of which a pamphlet is being printed that will be ready in a few days, and of which I will send you n copy.' If the provisions of this Act are or can l)e enforced, it will be very jirejudicial to the trade of this country, and this association urge that vigorous steps be taken to pre- vent this serious charge on the sale of goods through travellers from this country, as with many firni.s it would be too serious an addition to their ex|X'nse3, and their trade in this market would in consequence seriously suffer. I lieg you will favour this with your consideration. 1 am, &c.. M. TOMKINSON. Cliamnnn of (he Ro>jal Axminisler Carpet Manufacturers' Association. 2i 1 i r.i t QDBBEC LBOI8LATION 88 Gbaoiohoboh Stheet, Londok, E.C., 16th August, 1905. The Rt. Hon. Oeralo Balfour, H.M. President, Board of Trade, London, S.W. 0„«^' S?"- ^"''~7^ ^"? '^° ^ ^^ newspapers, a report that in the province of Quebec, Dom.mon of Canada, a tax of about £60 is to be imposed on com^^rdal tra- jSZ^f^^^J^u^" *^"° ^""'•"'''' ^°"^- W« ^ to ««k if you can give us any mformation about this matter, and if the report is correct. We respectfully submU ss i^Z r^rnfSeTriSi ZsT' ^'"'"^'^^^ "^"^"^* ""^ ^"^^ '-^-''^^^' "* ^^^ Yours, &c.. For Christy & Company, Limited, (Sd) A. G. SPEERS, Director. J. H. Hadwen, Esq., to Mr. Secretary Lyttelton. AssocuTioN OF Trade PROTCrTioN Societies of the United Kingdom, 16 Behnehs Street, London, W., '53rd August, 190.5. fl.rain®J'^?° ^^^oft^e members of this association, I beg to forward a proter hnn^lV^ I, ° °* ^''^ ^"*'' Legislature in imposing an annual tax of thrc tusin::^ in idT" """"""'' '™''""' representing firms having no place of 000 toi^*°'°"'j'5*^*^ is aware, this association, representing as it does over 50,- BrifiTl. .„w' ''" ^"'^^'■'' ^^^. *"^'", " P^"''"' '"t^'''^* i" *e taxes imposed by British colonies upon commercial travellers, and has in the interests of the development of our colonial trade, urged the reduction or remission of these duties. It is unfor- tunate that at a time when the home country is so greatly interested in the welfare lati'o;;^::^ 'be^fmp^os'S" '^'"•"^"^'" '" *''' ~^-"t of mutual trading re- T..;i 7"'* ^^""K^^t ^^^ '=>' ^'^ ^"1 ^ billing to communicate to the Quebec nortet r '"'"' •"'^'r^'"" of tJ'e feelings of protest which British merchants and ex porters have expressed coneern.ng the tax, and that you will be good enough to exer- of ?he7mi?r " ""^ '' '""^^' °' ''''"'''''' ^^ '^^'^ " -'^'«"*'- - the aboSn I am, &c., (Sd J. H. HAWDEX, Secretary, gjg_ Downing Strekt, .list A\ipiist, 1005. Gentlemen, — I am directed by ifr. Seoretnry Lyttelton to acknowledge the receipt of vour letter 14tn to 1 and 2 onlv 23rd ''''*""* («ddreswd to the Board of Trade) regarding the tax imposed by the Legislature of Quebec on commercial travellers representing firms having no place of business in Canada, and to say that the Secretary of State has „o official informa- tion on the subject, but that he is awaiting a con.munication from the Governor General of Canada, who has been requested to forward a copy of the Act in question and to report on the circumstances in which it was passed. S EDWARD VII., IMS In the mpantinie a copy of your letter will be forwarded to the Governor General for the consideration of hia Ministers, with whom it rc^ta to decide whether ihe Act shall be allowed to remain in operation. I am, &c.. (Sd.) H. BERTRAM COX. The Chairman of the Royal Axminstcr Carpet Manufacturers' Association. Messrs. Christy & Company, Limited. The Secretary of the Association of the Trade Protective Societies of the United Kingdom. t DowxixQ Street, 6th September, 1905. My Lokd.^J have the honour to transmit to you for the consideration of your Ministers, with refercme to my despntoli Xo. ."il of the 1st instant, the papers noted in the subjoined schedule. I have, &c., ALFRED LYTTELTON. The Officer administering the Oovemmer.t of Canada. Date. Description of Docunier ' • 'Mo. August 25... 31 ... Messrs. Audcrsun to C . <> board <.f Trade to CO The taxes levied on September •> . . . 6.... Colonial Office to Mr. J. BidUke Colonial Office to Messrs. Anderson . . lers in Quebec and British Columbia. 12 Princess Squ.^re, Glasgow, 25th August, 1905. Sib, — y we take the liberty of asking whether your department is in possession of any information regarding the recent Act of the Quebec Legislature taxing British travellers in the province. We understand the Act was receiving the attention . i the Dominion Government, and its repeal might be looked for. Our representative ordinarily visits Canada in the Fall, but, if the prohibition holds good, we cannot afford to send him. This, from the Canadian point of view, may be an excellent ar-^ument against the repeal of the Act. but wp can hardly be blamed for looking at it from a different point of view. Thanking you in anticipation, we are, &c., WM. ANDERSON, Director, for Wii. Akdersox & Company, Ljmited. BoxRD OF Trade (Commercial Department), 7 Whitehall Gardens^ London, S.W., 31st August, 1905. Sir, — With reference to the letter from this department No. C. 4320, of the 23rd instant, I am now directed by the Board of Trade to forward to you herewith to be laid before Mr. Secretary Lyttelton, copy of a further communication (together with '111 t I ■ !<' y I QUKBBC LEOIgLATION Ifi S' iSe«nce"to\hf ii.J^ 'T". "^'"'^ ?". ^'"^ ^^P^^nieut from Mr. J. Bidlake, with J^v~ce of QtVc "" «""'-'«'«• f-vellers in British Colu.nbia and in the Mr. LTa^'SS'^'.n"^^^^^^^^^^ '' ''-'' "-'*-- ^^ "^- ^-'--» for I have, &c„ (Sd.) AKTIILK WILSON FOX. SiKoi D. (Jlolcehtkrshihe, 25tli Aiuust, 1905. lo the Ofheer of JJonr.l of Trudc. London. fiftv^olw!'1:;;7f ^'l!'"i "' ^■''"v."-" ",' '^""''' ^ •"'""' *•>«* i» British Columbia a tax of tlfiLri r*l, . 2 •■''■ """' ,^"'*^, '•■^■'"'1 "" "" common-ial travellers doing business S?»Zir * r ?" •'■°" f'^^'"" ""•^' 'nf°>-mation n. inolosod notice (cut from th^ fhere ^"'*"''>"^'^ "'^ ^" *'"■ ^i"-!-*-^' l"-^'-""^. «« I 'M n,>t hear of this when I wa! Yours, i:c., ^«d.) J. lilDLAKE. Hoard of Trade (Co.mmkkc iai. Dki-ahtaient), 7 Whitehall {iAHDKNS. ;Ust August, 1905. lettef'o{lL7Lh'''T'^y'!!'' !^""''^ "^ '^"•■"''*' *" "^-k'-owlcdge the receipt of your rSuh r ^ t- •"^*?"*;^»t'> ^'^^'^'•ence to the treatment of .-onHncn-ial travelled i.. British Columbia and in the province of Quetec. nn.l in re,.],v, I am to inform you thai your letter has been referred to the Col. nial Oth.'c ton^V"' V^'^.u"* *^^ ^"l!"'' '""■'' "°* '"* -^^'t '■'■•••■'^■'"' •"•>■ inforn.ation which would tend to confirm the report alluded to in your letter to the effect that the tav of $60 for every six months at present levied by the nnn.icipalities of British Co umbia on commerciaHravellers is likely to be abolishe''y L.vttelton to n,-knowledge the receipt of your letter of the 2oth niMn.o nd.lre^se,l to the Board oi Trade regarding the tax imposed lU.nJl^'^^ 't Quebec on commercial travellers representing firms having no place of business ,n Canada, and to state that he is awaiting a report on the subject from the Governor (ieneral of Canada. i"e .in.jeci . ,.!•• ^ 'T.!" "^'^' .!•'"* ^'•- r>.v«elt.ui has no inforn.ation as to the prospect of the abolition of the similar tax in British Columbia. I am, ki:, J. BU.LAKE, Esq. ^^''^ <•• IM''<'AS. DowMxu brREET, 6th SeptcmlH-r, 1905. C.E.NTLEMEN.-I am directed by Mr. Secretary Lyttelton to acknowledge the receipt of ymir letter of the 25th ultimo, regarding the tax in.posed by the I'.gislatnre oi Quebec on commercial travellers representing firms having no place of business in Generlll of Canada.'*^ '' "''"'""^ " '"'"^""^ "" ^^"^ '''^'^'''^ *'•"'" ^^'^ <5°^-'^'-"°' I am, &c., Messrs. W. Anderson & Co. ^^^^ ' ' ^- ^^'^^'^S. i^ B 5 EDWARD VII.. 1905 From Mr. Lyttelton to Lord Qrty. DowNiNQ Street, 2nd November, 1906. My Lord, — With reference to my despatch No. 363 of the 5th of October respect- ing the Act of the Quebec Legislature imposing a tax on commercial travellers re- presenting tirms having no place of business in Canadu, 1 havo the honour to trans- mit a copy of a memorial from the Association of Chambers of Commerce of the United Kingdom on the subject and to inform you that I shall be glad if the repre- sentations containTd therein can have the consideration of your ministers and of the provincial government of Quebec. I have, &c., (8d) ALFRED LYTTELTON. Commercial Travellers' Licenses. To the Right Hon. Alfred Lvttelto.v, M.P., Secretary of State for the Colonies. The nienioriiil of the Association Chambers of Conniieree of the United Kingdom, of which the following Chambers of Commerce are niemlHTs: — Aberdeen, Anglo-Belgian, Arbroath, Australasian Chambers, Barnsley, Barrow- in-Furness, Biitley. Bath, Belfast, Birmingham, Blackburn, Bolton, Brudford, Bristol, Burnley, Bury, Cardiff, Cheltenham, Chesterfield, Cork, Coventry, Derby, Dewsbury, Dover, Duhlii.. Dudley, Dundee, Edinburgh, Exeter, Falmouth, Gloucester, Goolc, Grimsby, Greenock, Halifax, Hartlepool. Heckmondwike, High Wycombe, Hudders- field, Hull, Inverness, Ipswich, Italian Chamber, Jersey, Keighley, Kendal, Kidder- minister, Leeds, Leicester, Leith, Lincoln, Liverpool, Llanelly, London, Londonderry, Luton, Manchester, Middleborough, Mirtield, Morley, Newcastli', Newport, North Staffs, Norwich, Nottingham, Oldham, Ossett, Paris (British Chr.), Penzance, Plymouth, Poole, Portsmouth, Reading, Southampton, South of Scotland, Stockton, Stroud, Sunderland, Swansea, Torquay, Trowbridge, Tunbridge Wells, Wakefield, Walsall, Wiirrlngtoii, Wolverhampton, Worcester, Yeadoni, York. Sheweth : That the following resolution was adopted at the autumnal meeting of the asso- ciation recently held nt Liege, in Belgium: — ' That this association notes with regret the proposal of the Quebec Legislature to impose a tax upon commercial travellers in Quebec, ineludinif British commercial travellers, and would r-'ipectfully urge upon His Majesty's Government the desira- bility of endeavouring to obtBin a remission, xr if that be not possible a reduction of the tax in the ca.,^- of British subjects and of similar ta.\es in all British colonies.' The association views with nuieh regret the growing practice in the various colonies of imposing these taxes not only upon foreigners but upon British commercial travellers visiting these countries. A consideration of the burdens willinglj' borne by the Mother country in safe-guarding the colonies should ^o sufiicient to ensure the free access of everj' British subject to uil pi.rts of the British dominions. The imposition of such a petty tax seems to this association to be out of harmony with current opinion as to the unity of the Empire. Inasmuch as entirely free access to the United Kingdom is given to commercial travellers from the colonies, the same privilege should be given to British commercial travellers visiting any of His Majesty's dominions. The Quebec proposal is one of the most recent instances of the practice of taxing commercial travellers (incluuiug British) entering the colony. The Canadian Manu- facturers' Association recently visited the great centres of industry in this country, and were received with great amity, and this association respectfully suggests that the preser* fitting time to urge the witi^drawal of the proposal in the case of Quebec so if affects British commercial travellers. m ih *• QCEBDC LEGISLATION legisUtui^iT't^^T,; """"f"!"'- t'""* tl""* vou will place these view, before the Given under tie common geal of this association the 24th day of October, 1905 (Sd.) W. H. HOLLAND. Preiident. (Sd.) EDWARD W. FITHIAN, Parliament Mansions, Secretary. Victoria Street. Westminster, S.W. (Approved hy Order in Council, 17 Xovembcr, 1005.) Department of Justice. Ottawa, 2nd Xovember. 1905. To Hxs Excellency ihe Governor General in Council: Q«eL'%L"Sh1 fifth yet oTh^m"-'^^^^^^ *^« P--- of taiy of State for Canada on 2,^ fl^uTTr' 'T' "•"** '«^'^^^ ^^ *^« Secre- may be left to such ojerat^on L £ V""'^ ^^ '' "^ "P'"'"" *»>«* *J>««e statutes specially consideS- '' ""^ ''"""• ^'^'^P* ^he following, which will be CW ' i!' \°*:.*"'fV''" ^''' *« "'"-'J ^l-- Quebec License Law.' .pon'ct^^Li^Vcrp-JllI:;/^^^^^^^^^^ ^^^ ^"- — ^^"« "censes and taxes debenTu^SVL'^niSeltofi;^^ '" ^"^'"^^ '"' « ^«^ - ^'«-f- "f shares, bonds, ^^^Chapter 66, intituled 'An Act to incorporate the Industrial Life Insurance Com- of Canatr ''' "''*"'^' ' ^" ''''' "^ '--'--*•' ^^^ Eastern Fire Insurance Company Prevoyt'i; ''' "*''"'^' ' ^" ^"^^ *° '--P°-*« ^-^ Societe de Secou« Mutuels la ^^. Jhapter 60, intituled 'An Act to incorporate La Compa.nie d'Assurance Popu- ^^Jhapter 72, intituled 'An Act to incorporate the Anglo-American Trust Com- Compa'iT' ''' "*'*"^^' '^" ^'^^ ^" '"-P^-*^ the Colonial Trust and Securities ChaU" II' !"l-rl1 <1" t* *° '""'""'^ ^^^ ^'''"«^-«' I-o- Company.' ^nent'sS^i- • -t^S'^^^ Po^e. of the St. LawreJceUt- ^^ Jhapter 76. intituled 'An Act to incorporate the Yukon Loan and Trust Com- Chll'r ?8 "?rS '.!" t°* '^ ^""'^"^ *^^ ^-''<^'- Trust Company' Chapter 78, mt.tuled 'An Act to incorporate the Havana Trust CompL? Chapter 79 .ntrtuled 'An Act to incorporate the Imperial Trust ComZy' The undersigned recommends that a conv of tl,;, r^ZL ■* ^"mpany. Humbly submitted, C. FITZPATRICK, Minitter of Justice. 1 k 5 EDWARD VII., 190S (Approved hy Order in Council ISth November. 1905.) Department of Jubtice, Ottawa. 2iu1 November, 1005. To Hit Excellency the Governor General in Council: Tho undersigned has had under eoiwideratioii Chapter 13 of the Statute* of the Province of Quebec, 1906, intituled ' An Act to amend the Quebec License Law.' Sections 49, 65 and 57 refer to licenses for private banks. It appears to the undersigned that the legislature of Quebec should not provide for the raising of taxes by licenses to private banks, inasmuch as such banks not being authorized by the Bank Act, cannot legally engage in business. The undersigned suggests therefore, for the consideration of the Govemmtnt of Quebec, the propriety of repealing thcee sections so far as they relate to private bunks. Since, however, the licensing of private banks by provincial aifthority cannot legalize them or exempt them from the penaltiea provided by the Bank Act, the undersigned does not on account of the objections stated recommend disallowance of this statute. Humbly submitted, 0. FITZPATRICK, Minister of Justice. (Approved hy Order fn CounrH of 2nd May, 1906.) Department ov Justice, Ottawa. 2nd November, 1905. To Hit Excellency the Governor General in Council: The undersigned has had under consideration Chapter 14 of the Statutes of the Province of Quebec. 1905, intituled ' An Act to amend the Law respecting Licenses and Taxes upon Commercial Companies and Corporations. Numerous objections have been made to this Act. It requires that any person not residing in the province who desires to act as a conunen-ial traveller for the selling of goods within the province for a person, firm or corporation having no place of business in Canada shall first obtain a license therefor from the Collector of Provincial Re- venue. The license is $300, and the license expires on the first day of May in each year. The substantial grounds of objection in effect are that the Act unduly discrim- inates against trader, not domiciled within Canada and that it is ultra vires as affect- ing the regulation of trade and commerce. The undersigned is not. however, prepared to recommend the disallowance of this Act upon any ground of policy and inasmuch as the question of ultra vires, may be conveniently considered and determined by the courts, the undersigned is of opinion that it would be better to allow that question to be raised and determined in those tribunals. He does not consider that the unconstitutionality of the Act is so far established as to justify a recommendation for disallowance for that reason. The v—lersigned, therefore, recommends that this Act be left to such operation as it may have, and that a copy of this report, if approved, be transmitted to the Lieutenant Gpvernor of Quebec for the information of his government. Humbly submitted. C. FITZPATRICK, Minister of Justice. (Approved hy Order in Council, nth November, 1905.) Department op Justice, Ottawa. 2nd Xovember, 1905. To His Excellency the Governor General in Council: The undersigned has had under consideration Chapter 15 of the Statutes of the province of Quebec, 1905, intituled: 'An Act to provide for a tax on transfers of shares, bonds, debentures or debenture stock.' l-sl I 1 •I ti QUCBEC LBOI8LATION By this statute it is enacted that in order to prorida for the exigencies of the pub- lic service there shall be levied, in accordance with the rules statiH in the Act, a tax upon every sale, transfer or assignment of shares, bonds, debet tnrcs ;;r debenture stock issued by any corporation or company made or carried into off ct in the province of Quebec: that the tax shall be paid in adhesive stamps; and ih.., ilie amount of stamps to be affixed shall be two cents for every hundred dollars or fraction thereof of the par value of the shares, bonds, debentures or debenture stock so transferred or as- signed. It is further provided that stamps shall in nil case* be supplied and affixed by the vendor, transferor or assignor, unless the sale, transfer or ii-tsigimient is effected through n broker, in which case the broker affixes the stamp, and may recover the cost thereof from the vendor, transferor or assignor, and finally it is enacted that no sale, transfer or assignment upon which the tax is imposed by the Act is not paid shall be legal, valid or binding. This Act. if within provincial authority, must, the undorsignetl apprehends, be supported under the power of direct taxation within the province in order to the rais- ing of a revenue for provincial purposes. Tlnu subject was considered by the .Judicial Committee of the I'riv.v C"o\incil in the ciise of the Attorney (ieneral for Quel)ec vs. The Queen Insurance Company, 3 Ajipeal Cases, 1900. The question arose in that ease as to the validity of n statute of (Jiiebec requiring in effect the fixing of ad- hesive stumps to every policy of insurance, receipt of renewal. The insurer was re- quired to affix llie stamp, and the price thereof went to the Crown for the use of the province. Tliere was also provision for avoiding the policy if tlic stamp were not affixed. The Master of the Rolls in delivering the jtulgnieiit of tlie committee, stated that tlie single point to be decided was whether a stamp Act, an Act imposing a stamp on policies, renewals and receipts, with provisions for voiding the policy, renewal or receipt in a court of law if the stamp is not affixed, is or is not direct taxation, and he said ' tliere is a multitude of authorities to show that such a stamp imposed by the legislature is not direct taxation. The political economists are all agreed. There is not a single instance produced on the other side. The number of instances cited by Mr. Justice Taschereau, in his elaborate judgment, it is not necessary here to more than refer to. But surely if one could have been found in favour of the appellants, it was the duty of the appellants to call their Lordships' attention to it. No such case hag been found. Their Lordships, therefore, think they are warranted in assuming that no such case exists. As regards judicial interpretation, there are some English decisions, and several American decisions, on the subject, many of which are referred to in the judgment of Mr. Justice Taschereau. There, again, they are all one way. They all treat stamps either as indirect taxation, or as not being direct taxation. Again, no authority on the other side has been cited on the part of the appellant. 'Lastly, as regards the popular use of the word, two cyclopedias at least have been produced, showing that the popular use of the word is entirely the same in this respect as the technical use of the word. And here, again, there is an utter deficiency on the part of the appellants in prodtieing a single instance to the contrary. That being so, it is not necessary, it appears to their Lordships, for them to consider the scientific definition of direct or indirect taxation. All that it is necessary for them to say is that finding these words used in an Act of .parliament, and finding that all the then known definitions, whether technical or general, would exclude this kind of taxation from the category of direct taxation, they must consider it was not the in- tention of the legislature of England to include it in the term " direct taxation," and, therefore, that the imposition of this stamp duty is not warranted by the terms of the 2nd subsection of section 92 of tLe Dominion Act.' The undersigned, before concluding as to what recommendation he ought to make upon this Act, would like to have the reasons of the OoTernment of Quebec for hold- ing, if they do hold, that the above-quoted observations of the Master of the Rolls do not apply in this case. The undersigned recommends, therefore, that a copy of this report, if approved. 5 EDWARD VII., 1»05 be transmitted to the Lieutenant OoTernor of Qut^beo, and that he be asked to inform Tour Ezoellenoy's gOTemment as to their reasons for supporting this legislation as within the authority of the province to levy money by direct taxation. liuinbly submitted, C. FITZPATRICK, Minister of Juttiet. (Approved by Order in Coumil 13 Xovemher, 190-'t.} D£rARTME.NT OP JUSTICE, Ottawa, iiul NoveinkT, 1«05. To Hit Excdlency the Oovemor General in Councit: Tho undersigned has had under considiTatiKu the followiujf statutes of the pro- vince of Quebec, passed at tho last session of the legislHture, 1905:— Chapter 66, intituled ' An Act to iucorponitu tlie luduatriul Life Insurance Com- pany.' Chapter 67, intituled ■ An Act to iiicorpoiato the Eastern Fire Iiisurame Com- pany of Canada.' Chapter 68, intituled ' An Act to incorporate La Societe de Secours Mutuels la Prevoyance.' Chapter 69, intituled ' An Act to incorporate La Compagnie d'Assurance Popu- laire.' Chapter 72, intituled 'An Act to incorporate the Anglo-American Trust Com- pany.' Chapter 73, intituled ' An Act to incoriwrnte the Colonial Trust and Securitiea Company.' Chapter 74, intituled ' An Act to incorporate tlio Collateral Ix)nii Company.' Chapter 75, intituled ' An Act to cxtcml the powers of the St. I^wrence Invest- ment Society, Limited, and to changn its name." Chapter 70, intituled ' An Act to incorporate the Yukon Loan and Trust Com- pany.' Chapter 77, intituled ' An Act to incorporate the Canadian Trust Company.' Chapter 76, intituled ' An Act to incorporate the Havana Trust Company.' Chapter 79, intituled ' An Act to incorporate the Imperial Trust Company.' These are statutes incorporatin>r companies. — insurance companies or trust com- panies. They confer powers in general terms to carry on the business of insurance or trust and investment. They contain no provisions limiting the business of the companies to the province of Qucl)ee. and by some of these Acts the intention is plainly implied that the eompiinies nuiy earry on Im-inO'- beyond the limits of the province. A provincial legislature has power only witii re-pect to the incorporation uf companies to incorporate companies with provincial olijeets. and it was held by the Judicial Com- mittee of the Privy Council in Lorangor vs. Tli(> Colonial Uuildinjr and Investment Association, 9 Appeal Cases, 1.57. that the parliament of Canada could alone constitute a company with powers to* carry on its business oonsistinp of various kinds throughout the Dominion. For these reasons the under.sitjn(^l considers that each of the above- mentioned Acts should be amended within the time for disallowance by expressly limit- ing the powers of the several companies to the province of Quebec. This is a matter of great importance, becau-e large ' .-rests and a great deal of property become involved in the business and contracts of these companies, and much confusion and loss would arise if their contracts were to be held ultra vires. It is inex- pedient, therefore, that there be any question about the validity of their incorporation or the extent of their powers. Severn! of these Acts contain a clause, such, as for instance, section 18. of Chapter •BS ii ''1 it' i .C L20I«LATI0N ■'is 68. providing that the fompun.v luny ii.vrMt ..r dcpo.it in foreign tocuritiM such portion oiiU money* u may be roquinnl for the maintenance of any branch abroad, without, however. exoeeduMc at any time the reserve required by law on .uch policie. in forc^ If. aa is contemplatefi by h.uI. i.rovi«ion. the <-«mpany were to eBtabliih agenciei m the other provincea and eurry on buoincM there, it i« plain that .uch buaineaa could only be regarded as vahd if within the corpornte power, of the company, and it leemt n *'!• "naersigneil very diffieult in view of the provinions of «H;ti»n« 01 and 02 of the British North America Act. and tho deeiMoi, of the Judicial Committee to hold that such powers con be validly eonferre»«en provi.Utl for foi number of yearn, nlthouffh it hn» not previou8l>- iieen rifridly enforced. Your committee are of opinion that tlic stronirest poaiiblo proteat should ho niadi against ouch vexatiou* and heavy impo«tii which hinder the development of trad*. Under the present conditions it is practically prohibitive for many traders to secure representation in Queh...'. If n Britisli house send a commercial traveller to the pre Tince he has to pay a tux of M)0 dollars Iw-fore lie can ask or take an order; whiUt it an incorporated firm dcrtin- to have n n-nidciit ajceiit they have to pay the heavy taxes above mentioned. your comniitte»' therefore re^joiniiicnd that n strong representation !« made to tli.' Colonial Secretary. urKiiig him to protect ajtaiiist the taxes referred t- and to use hi... best offices with the view of seeuring their abolition, i.t any rate so fur as British o. i- mercial travellers are conoomed. Birmingham, February 2, 1906. (Sgd.) G. HENRY WRIGHT. Secretary. Board of Trade (Commercial Dept.), 7 Whitehall Gartens, Lo.NDON, S.W., 2nd March, 19O0. Sir,— I am directed by the Board of Tru.ie to state toat their attention has b«^n drawn to a report in the Timet of the 26th ultimo, to the effect that the Quebec G both wholesale and retail houst^^s a tax of forty pounils, and a traveller selling to a retail house only, a tax of eighty pounds. AlB the Board have received no official informntion on this subject, I am to aak you to be good enoupli to move Uinl VAa'uu siioiild he see no ol).ie< tiou, to cause in- quiry to be made as to the aceiiraey of the report in (lupstioii. for tlie information of this department. I have, &e., (Sgd.) LLEWELY.V SMITH. The Under Secretary of State. Colonial Office. I)El'ART.MENr OK StaTE, Ottawa, June 1, 190(5. Sib, — I have the honour to invite your attention to the following: — On November 20, 10O5, I forwarded to you a .\1iiuii<; of the Privy Council, approved by hia Excellency the Governor Gener.^l tni the 15th of the same month, cover- ing a report of the Minister of Justice, dated :.'iid November, upon ch-^. ^er 1:5 of the Acts passed by the Legislature of the Province of Quebec at its last session (1905) in- tituled ' An Act to amend the Quebec License Law." On the same day I addressed you a further despatch covering onother report of the Minister of Justice of 2nd November, 19»>6, on ca ans 66, 67, 69, 72. 73, 74, 75, 70, 77, 78 and 79 of the Acts of your Legia- h m qVCDKC UROISLATION I" ? latura pMwd dtiring the m uion of 19*)5. In thit dctpttch I aaked to ba ftTOured with • reply of rour inini*tcn b<>fur«> the clatr> tiuMi fi>r di>allownnc«. On NoT«mber 28, 1900, I tranimitt«(1 two further raporta of th« Miniater of Jua* tice, tlati>d 3nr of thn Rtatutaa of your Lefialature pasacd during the teaaion of lOOS. A few (ky« later in earli of ttte fl)>ovt> caaea I nnvived an acknowledgment from you conveying tho naa«>en iirnril on Uiin rnii>jrrt, tlio noting Under Secretary of State, at tiie iimtnnce of the MinisJer of J imtioe, addrpsacd n doapatch to you on the 31it of March Inat, calling nttcntion to the prcviouii ooiMmiinicntions preaaing for an itnmedintc reply, Thin dcxpntch wn-* iickiinwlfHlgcfl liy you on thp 6th of April with the information that it had boon referred to your Attorney noncral. On the fith May InBtnnt, I «<'iit you n further report of the Minister of Justice upon chapter 14 of the atatutea paaaed nt the Inst sesgiou of your Icgialnture, to which no I (>ly other llmu n oiniplo ncknowleilneiuent him In^en received. On the JMxt May tin- Under Secretnry of Stnle teleitni plied you n» foUowe: — Uki'ahtmkvt ok Statk. Ottawa, :il«t May. WW. ' Lieutenant (iovernor of (juebcc, • Quebec. ' I am directed to invite your Ilonoiir'a nttentiou to my despatches of the 20th Novoml>er, 1905, and 3Ut March and 5th May, lOOtJ, on the subject of provincial legiaiation, anvith regard to tl.e exceptions taker, by him in resjiect of this legislation nt the ear- liest possible moment.' To which your private secrotarj- replied that the mtssage hud been received and transmitted to j-our prime minister. The time for disallowance expires to-morrow. I deem it my duty to point out to you that your nilvisers do not appear to have treated this government with their wonted courtesy in this niatier.. 'i is now luoro than six months since their attention was invited to the objections entertained by the Minister of Justice to their legislation, yet during that lonp period no answer has been received to the objections raised by them. I have the honour to be, air. Your obedient servant, ( Sgd) R. W. SCOTT, Secretary of State. His Honour the Lieutenant Governor nt' Qnel«c. ( Tranaliition.) (iUEBEC, June 4. 1906. To the Honourable the Secretary of State, Ottawa. Sir, — In reply to your despatch of the 31st ultimo, I have the honour to inclose herewith a certified copy of a report of my Attorney General, dated Ist instant, respect- ing certain despatchea relating to laws passed by the Quebec Legislature at its session of 1905, as submitted by the Honourable the Provincial Secretary. I have the honour to be. sir, Your obedient servant, (Sgd.) L. A. .TETTE, lAeutanant Oovemor. t EDWARD VII.. IIMt (Trantlation.) gi KHM . .llllK' I. t!HH!. Btporl r*$p«clin0 (t'tpalche» of Ihe II onini table the Hf-frrliiry of Slate of Cniimla rtlaihtg to laug ptu»fd hy tkf (Jiiebec Lgitlatun' at itt Sftiion of t9»5. uhmltlid by Ihr flvnoumfU the Prov>n>liir ■ » report ti* follow*:— IIo ha» taken civnizaniT nf n .■ ttiT frmn tho I'licU'r Srcrrtnry ot' Stntc to the Liouti>nnnt (lovi'rinir of tlw proviiii-c <>f (^iielN'<' mlliiiK the hittiT'it ntti'iitiim to the Scerptary of Stntc'* ili ■.piilchi-. of tlu- -'tMli Novt'iiilKT, 11Mi5, niid fi< tho Ut Mnrch and lit May, 1000, re*|>o.(ivtl,v, iukI ixkiiiK for a reply to the*' .•oiun.uiicalionij. The inattcrti to wliidi that iMiiiiiiiiiiicHtioii n-fern nro tlw I'ullowintr: - 1. A iiiiiiuti- of .uim.il, (Intfii i:ith Xovi-iiilKr, I'.IO.I, •v.vtrii.n a report from tho Minint<>r of Jiiotioo of the I'ml Nc.viiiilitr, r.Mt.">, with tvh\x t t.i clmptirs •>•!, f.7. (J^. t)t', 72. T.i, 7», 7.1, 7«. 77, 78 and 79 of the (iufboo Statutes of Mt(i5. 2. A luiiiutf of foiiiit'il (latcil thf 17th November, IKO,'.. covcriiiff a report from the Milliliter of .Tuitiee of thfi 2ikI November, 1905, re»poc(iii(r t'hnpter 15 of the Qucbevtiiiijf a rrt from the Min- ister of Justice of the L'nd No\cml*r. 1!mi,'.. relative to Chapter 11 of the Statutes of (iueliec of 1905, he recommends that the Act Ix) left to it* operation. Tho uialersijfneil diil not deem it his hity to answer the letter rclalinj? to Chapter 14 of the Statutes of lito.'i, ina-miieii a-> '.he mime hail Ixeii KCiit to the ;{overnment of the province "f (Jiieliec for its infornialion only, and that receipt thereof had been acknowledged. If relates to that part of the umendmeuti» made to the license law dealiiiK with liceiisen reiinired from foreiun eomna-rcial travellers doinpr business in tho province of Queliec; it states that in the opinioti of the Minister of Justice tho iinconstitutii'iiality of the Act is not so far established as to justify a recommendation foi Its diballownnce on that ground, the minute of council recommendinjir that the law benture stock (Chapter 15 of the Statut{ tho incorporation of insur- ance companies ami trust companies, the chapters of which arc above set forth. No written answer ha8 so far been made to these tw^o communicatiofts, because the Minister of Justice, in the i-ourse of an interview when these matters were discussed, gave the Department of the Attiu-ney Ceneral to Miiderstand that no further action would be taken in rcfrard ti> tho expbnialioii ,ir intormalioii asked f^ir in tho s:\id letters. As regards the law providiun for a tax on transfers of -lia'cs ( IHO.', Chapter 15), it suffices to say that tlii« law was reix'aN^d and sii|)erseded by Chapter 12 of the Sta- tutes of the 8t>ssi(.n of li'Ot!, and this repeal was made to meet requirements of a purely administrative character. The (loverinneiit of Canada shmdd be made acquainted with this fact, which is of a natu.v to make any further action on its part unnci-ossary in respect of this law. At the same time, it is deemed proper to inform that government that this repeal was not made Wcaus*^ of the fact that the government of ihi' province acknowledged tho propriety of the representations made to ibi' latter uihui tliLs. .subject. The laws respecting insurance companies and trust companies which, in the opinion of the Minister of .Justice, woubl contain uncon-tiiutior.al features, are the following : — fX- M[ •if it' IB I'' ■ i ■; Ii !t.1 • :i -If 4i lil 1 32 QUEBEC LEOISLATION 1 Chapter 66. intituled: ' An Act to incorporate the Indiistriiil Life Insurance Com- 1 pany.' r Chapter pany of '^' 1 i.i. •ntitulcd: ' An Act to incorporate the Eastern Fire Insurance Com- ^ Prevoyi. i i;,s. ir.i lied: ' An Act to incorporate " La Socicle de Secoura iluluvh la Chapter laire ".' »», iniituled: 'An Act to in(l: Chapter 79,. intituled : An Act \o incorporate the Canadian Trust Company.' An Act to iui-orporate the Havana Trust (!ompany.' An Act to incorporate the ImiKrial Trust Company.' These laws woidd exceed the jxjwers of the Quebec legislature on grounds which can be summed up as follows: — 1. They confer, in general terms, to companies to which they relate, the power to carry on the business of insurance, or trust, and contain no provision limiting the business of these companies to the Province of Quebec. 2. It may be inferred from the provisions of some of these Acts that it was the intention of the Legislature to allow these companies to carry on business beyond the limits of the province. In the opinion of the undersigned, these reasons would hardly justify the disallow- ance of the laws in question. He would represent that, however general the terms of an Act may appear, the legislature should not be supposed to have exceeded its powers in adopting the same. It should in effect be presumed that it has acted within the limits of its powers, unless the terms of the Act would plainly imply that its intention was to do otherwise. The courts have many a time acknowledged this mode of interpretMtion. Should it now bo disavowed, very few laws incorporating companies either of a federal, or of a provincial character, would be considered tnlrn vires, because in the former case, the scope of their business has not been formally confined to Canada, and in the latter, on account of the absence of a speciid enactment to the effect that the companies there- by incorporated cannot do business outside of the province which has granted their charters. Moreover to insert in a charter a clause of the nature of that whose omission is censured would involve a loss for the incorporated company of all the b< ofits derived from the rules of international private law; occording to these rules, a company duly incorporated in a province can carry on business in the other provinces and abroad, provided that the laws of such other provinces, or the laws of foreign countries do not prevent it, and that its charter does not contain any restrictions to that effect. (See cases p. fi'<7, Lefroy, Legislative Power in Canada.) Is the censure attached to these laws to be attributed to any intention of depriv- ing in future these companies of the benefit of this privilege? If so, this intention would not find its justification either in the text of the constitution or in the decisions of the courts. 6 BDWARD VII., 1908 33 As to thfi second complaint made aRainst these laws, the undersigned is ready to admit that Provincial Ixsgislatures can incorporate only compiiiie-* with provincial objects, and likewise the Parliament of Canada alone can uniiit ini-i>rporntion to com- panies with objects other than provincial. On the other hand, he submits that there is nothing in tiic liiws in (iiicstion which violates these riilts. The only particular provision to which iitlcntion is called by the Minister of Justice is one which authorizis n cnuipiiny to invest in fircinn securities, such portions of its moneys as may be rcloiiiiil Ri ldin(r imd Investment C'onipnny nnd the At- torney Oenernl of Quebt ' '• •« !• no wise c ;d by the vendor, transferor, or assignor, unless the sale, transfer or assignment is effected through a -jroker, in which case, the broker is to affix the stamps, and may recover the costs thereof from the vendor, transferror or assignor. The Lieutenant (iovernor is empowerid to make regulations providing, among other things, that the tax may be paid in money in lieu of stamps. The undersigned is not satisfied that the taxation authorizwl by this Act is direct taxation, but inasmuch as the (luestion may be open to argument, and espcially as Your Excellency refrained from exercising the power of disallowance with regard to the said Act, 5 Edward VII., chapter 15, which is now repealed, the undersigned does not recom- mend that this Act be tlisullowcd. Any question which may arise with regard to its validity may be cunveniently (leterniiiiod by the i-oiirts. Chapter 15, intituled • Au Act to amend the law respeotiuK public land-- "' By section 6 it is provided that all locomotive (iiKines used on any railway which passes through any forest shall be provided with and have in use the most approved and efficient means to [irevent the escape of fire or sparks from the furnace, ashpan or smokestack of such engine. This provision may. no dou'i t, have its effect as to railways withip the legislative authority of the provinw. but it can have no effect with regard to Dominion railways, and the undersigned presumes that it would be so construed by the courts, consequently he does not recommend di.sallowance. Chapter 18, intituled ' An Act to amend the Quebec Fishery Laws.' Section 9 provides a penalty agniv.st any person injuring or obstructing any fish- way, or doing anything to deter fish from entering or ascending the same, &c. Section 13 provides a penalty afe.iinst any person using dynamite or other explosive in catching fish. ■4=4 M i 'I ,1 i r M ^ L H ! « W QUBBBO LBOIBLATION • u ^^*® P'*'''''on8 relate to the regulation of the iisheriea rather than to proprietary rights therein or any subject over which the legislature has jurisdiction, and the under- •igned would recommend their disallowance were it not for the fact that the courts inty conver ently give effect to the objection stated, and the Act contains many provi- Mons liO doubt necessary or useful in relation to matters competent to the legislature. He considers, therefore, that this Act may properly be left to such operation as it may have. Chapter 74, intituled 'An Act to amend the charter of the Imperial Trust Company.' By this Act the Act 5 Edward VII., chapter 79, is amended by the addition to section 3 of two paragraphs authorizing the company- to receive money on deposit and allow interest on the same, and to purchase bills of exchange, and generally do an exchange business with Great Britain and Ireland, British possessions and foreign countries. The undersigned does not admit that these powers may be conferred by the legis- lature. They are not improbably banking powers, which can only be conferred by parliament. The undersigned does not, however, on that account recommend disallowance of the Act since these questions may be determined by the courts, and having called attention to the doubt which exists as to the validity of these powers the company of course has the opportunity to come to parliament for confirmatory legislation. The undersigned recommends that a copy of this report, if approved, be trans- mitted to the Lieutenant Governor of Quebec for the information of his Government Humbly submitted, A. B. ATLESWORTH, Minister of Justice. ■A 4 BDWARD VII., 1*04 NOVA SCOTIA. rmufllj 4 EDWABO Vn., 1804. Halifax, N.S.. Apri' ^3r.l, 1904. The Honourahle Charles Fittpatrick. K.C., P.C., Minister of Justice, Ottawa. Sir, — At the .ast session of our local Ipgislature an Act was pasaed, entituled ' An Act to amend Chapter 51, of the Acta of 1900, entituled An Act Relating to the City of Halifax,' and as a resident and large ratepayer of the city of Halifax, I now ad- dress you in order to call your attention to the Act in question. This Act, I have good reason for believing, was prepared, promoted and passed simply to enable certain present aldermen of the city of Halifax, who have not the required qualification to comply with the provisions of the Act of 1900, (Chapter .">1, Section 12) to retain their seats and also to enable them to qualify for re-election. The Bill was introduced in the legislative council and read a first time on the 25th February la.st, and subsequently passed through both hoiises of the local lejtislature, and was assented to in due course by the lieutenant governor. You will notice that the Act deals with and relates to the city of Halifax and Number Eighty-two (82) of the Standing Orders of the Legislative Council of the Province of Nova Scotia is as follows: — ' All applications for Private or Local Bills, properly the .subject!^ of legislation by the Parliament of Nova Scotia, within the purview of the British North America Act, 1867, whether for the erection of a bridge, the making of a railroad, telegraph or telephone line, the establishment of a steamship line, or other like work, the granting the right of ferry, the construction of works for supplying or manufacturing gas, water or electricity, the ^corporation of any particular profession, calling or trade, or of any joint stock company, the levying of any local assessment, the division of any county for purposes other than that of representation in parliament, or of any district, township or municipality, the removal of the site of any (•ouuty, municipality, town or local offices, the regulation of any common or of dyked and marsh lam, ' or relating to any other local matter, including Bills relating to any city or incorporated town, or for granting to any individual or individuals any exclusive or peculiar rights or privileges whatever, or for doing any matter or thing which, in its operation, would affect the rights or property of other parties, or relate to any particular claa.s of the community, or for making any amendment of a like natiire to any former Act, shall require a notice, clearly and distinctly stating the nature and object of the application and (except in the case of existing corporations) signed by or on behalf of the nppli- cants, to be published as follows :— viz., a notice inserted in the Royal Gazette, and in one newspaper in the county, city or town affected, or, if there be no newspaper pub- lished therein, then in a paper in the nearest county, city or town in which a news- paper is publisVed. ' Provided, however, that all Bills of a local nature may be read at a meeting of the Municipal Council of the county or municipality to which said Bill may rel: (-, instead of inserting the notice hereinbefore required to be inserted in the Royal Gaz- ette and newspapers, and in case of said Bil' being read before «nid municjp.il council. it shall be made to appear by a certified copy of such Bill by the clerk of the munici- pality that the same was read in open council. ' Snch notices to be continued in each case for a period of oms month by weekly it;' ■■!^ if; til m ■I ■I if I , \r 40 NOVA SCOTIA LEOWLATION ! if il ■|i iMertions during the interval of time between the clow of the next pwH-wling seuion and the couMideration of the Bill: and copien of the newspupen contuining the first and Inst insertion of such notice shi W \h- wnt to the Clerk of fhi« House by the parties infterting «uch notice. ' (1) Any person seeking to obtain u private bill shall, whother it is originated in this House or not, immediately after the first n-ading then-of , and before its consider- ation by the committee to which it is rof(rrt'<|, pay the «'xpetwe8 of printing one hun- dreun effect of tho M-ctioii in to impair, and in part invalidiiti', the entire bo dixiiowd to avt up the contention that he had not rightly understood the con- tract to n-pudiatc at will, and in part at It-ast, a legal obligation. This enactment, which it will b<' sus-n is retroactive in its character, constitutes, it is submitted, a wrious aHsault on existing contracts and lawfully acquired interests. It cannot, we think, Ih> niKfssury to imint out what fruitful opportunities it affords for vexatious litigation. We are of opinion that the section of the Act above quoted constitutes legislation upon a subjeift coming; within the exclusive Icftisliitive authority of the parliament of Canada, and that the enactment of such provisions is beyond the i-omi)etence of a provincial legislature. Apart from the question of legality involved, which we are con- tent to submit to the department without argument, we venture respectfully to ask that the advisers of His Excellency will furthermore consider whether ret roa( live en- actnicuts of this chi>rav't<'r nre in accord with the general spirit and practice of the British legislation, and whether on grounds of public poli<'y they can b<' n-garded as unobjectionable lu iiverriding existing contracts and injuring if not imperilling law- fuUy-acquiri'd and long-established interests. It seems to us that if legislation of this character is held to W constitutional and within the cotnpetence of provincial legislatures, conse»iuences of no little gravity and moment follow. The jiosition iu which the banking and land mortgage interests of the Dominion will admit of l)eing placed is, we venture to think, an unenviable one. We do not think it can be deemed unreasonable to infer that the extent to which any contract for the recovery of interest in respect of nionevg loaned can be enforced will, in that eventuality, be dependent on and determined bj such provisions as the legis- latures may from time to time see fit to adopt with respect to what shall be deemed to be evidence of the contract — and not alone of the contract, but, as in the instance under consideration, of understanding of the contract. Neither does it seem to us unreasonable to conclude tha. if tne legislature of Nova Scotia can by such retro- active enactments negative and in effect nullify contracts of interest in excess of seven per centum, the legislatures of other provinces may with e<|ual propriety pass simi- lar enactments, and of such a kind, if they so choose, as to make it difficult and per- haps imiwssiblc to recover on this class of contracts any interest beyond five per centum or four p«.'r centum per annum, or such other rate as they think proper to designate. For these and other reasons we have felt ourselves obliged to bring the 8th sec- tion of this Act to your notice, and through you to the attention of the honourable the Minister of Justice, iii the hope that the minister will vptm consideration deem it to be proper to recommt id to the Governor General in Council that His Excellency's assent to this section be withheld. I. may add that this Bill was introduced in the closing hours of the session of the legislature. It was put through both Houses, we are informed, in less than three days, and not even printed until the last stages. The resident solicitors of the company had been assured that no Bill would be presented at the last session, and these assurances continued to be given until within 48 hours of the introduction of the measure. Even then they were unable to obtain a copy of it or learn its provisions. Those respon- sible for its introduction, we are further informed, would listen to no requests for its delay. Our representatives were iu consequence deprived of any opportunity of secur- ing such amendment or modification of the Act as would have protected our interests in the premises. I am, dear sir. Yours faithfully, l\ W. G. FITZGERALD. .1 •I n ■ I > ; : NOVA RCOTIA LE0I8LATI0N I* 1 * 1 I i' IN Dbpartmknt or JrHTicr, Ottawa, Mny 25th, IIMM. The Honourable, J. W. I»NOMCY. K.C M.P.P., Attorney Qenrral. Halifax. N.8. SiH, — I am iliroctt'd to cull your attention to an Act pnnaoH nt the last niUing* of lh< Nova Scotia Legiglutuw intituled ' An Act relatinir to I>ian Oorporationa.' I inclose herewith for your observation copy of a letter which I have received irom Mr. FitzKcraKI >>f Toronto, the manager of the f'nnndian Birbeok Inveatmcnt and Savinffi (^mpany. In addition to what Mr. Fitxgereld atatnM the niini(ter would like to know upon what KTOundft you justify M-rtion H a* within the jurisdiction of the IcKiftlaturc, the ■ubjcot of interest having been assigned to the exclusive control of parliament. The effect of section 8 is certainly indirectly, if not directly, to prohibit the taking of interest by any written in»tr\imcnt in excess of 7 per cent, and no doubt thii object might be accomplished by parliament. It seems to me. however, as at present advised that the legislation complained of is inconsistent with the Dominion Acts, and ultra vires of the province. Awaiting your reply, "" I have the honour to be sir. Your obedient servant, E. L. NEWCOMBE, Deputy Minitter of Juttice. Halifax, September 27th, 1904. Hon. Ctiarles Fitzpatrick, Minister of Justice, Ottav..'. Sir, — Referring to Jir ^-ylication made by Mr. Fitzgt-rald, of Toronto, m<. lager of the Canadian Birkbeck Investment and Saving Company to section 8 of chapter 4 of the Acts of 1903-4, and to the desire expressed by you that I should make any observations upholding the validity of said section, I beg to offer the following obser- vations : — • Section 8 of chapter 4 does not in any way undertake or profess to regulate the rr^e of interest that either porstins or corporations may legally charge. The only thing that the section purposes to do is to regulate contracts nmde betwcni these cor- porations and individuals, which the provision of the British North American Act assigns exclusive jurisdiction of the provincial legislature in the matter of ' Property and Civil Right**.' It was brought to the attention of the legislature that agents of these corporations would induce parties in the country not familiar with connnercial traasactions to sign agreements respecting loans, which permitted the company to charge excessive rates of interest. We Lave no jjower to prevent the collections of excessive rates of interest, but we have the power to say that the written contract shall not be conclusive evidence of the contract, but that the party relying upon this ml in view of tim Hpt-cial inveatiKa- tion which took place before lh<> committee of tiic iloiito, that Home reatraint on loan companies ahould be made, and thia was conceived to Im> tb« mofit convenient nnd elective form. But if diitallowance be sought on the groimd that wo have exceoiled the jurisdiction of the logiiilature in undertaking to duul with intcrunt, I must, in the nio«t explicit manner, claim that nothing of the kind hM been done, that our Act in no wise interferes with the ni'itter regulating interest. Yours very truly, J. W. IX)NOLEY. Atiornep Oeneral. (Approved by Order in Council Wh Xnvemher, lOOi). Dkpaktment "K .Ilhtick, Ottawa. 2»th October, 1904. To His Excellency The Governor (Jeneral in Council: The undersiifned bus the honour to Hubiiiit his reiK)rt on the Htiituten of the several provinces, passed at the last sessions of the legislatures thereof (11)04), as follows: — « * • • • Nova Scotia; 3 nnd 4 Edward VI 1.; rcwiveil by t\w Secretary of State on 13th June, 1904. There has been correspondence between the dopartn>ent of thi- undersigned and the Attorney CJeneral of Novn Scotiu u\w\i objectioin raised by the Canadian Birkbeck Investment and Savings Company with regard to chapter 4, intituled : ' An Act re- lating to Loan Corporations.' Section 8 of this Act is as follows : ' In any action in which any interest or any fine or penalty in respect to arrears of principal or interest at a rate exceeding seven per centum per annuin is clainied \\\mu any written inntrument. such written iw 'u- ment shall not be deemehibit the taking of interest by any written instrument in excess of seven p( r cent, and that no doubt this object might be accomplished by parliament; and it was stated that in the view of the Department of Justice the legislation complained tf was inconsistent with the Dominion Acts and ultra vires of the province. The Attorney General in reply states as follows: ' Section 8 of chapter 4 does not in any way undertake or profess to regulate the rate of interest that either i)ersons or corporations may legally charge. The (mly thing that the section proposes to do is to regulate contracts made between these corporations and indiviiluals, which the pro- vision of the British North America Act assigns exclusive jurisdiction of the Provin- cial legislature in the matter of " froprrfii and Civil Rights".' 'It was brought to the attention of the legislature that a>rent.s of these corpora- tions would induce parties in the country not familiar with commercial transactions to sign agreements respecting loans, which permitted the ompany to charge exces- sive rates of interest. We hat-e no power to prevent the collections of excessive rates of interest, but we have power to say that the written contract shall not be conclusive evidence of the contract, but that the party relying upon this document to secure this excessive rate of interest must independently show that this contract represents the >i la Ml iti It n u it i| i » i ii I 'I I 4 1.' M NOVA ICOTIA LBOISLATION full tmiiiiMction lirtwfvii thi> |Nirti. Aixl it ulmi oiNtH the drxtr fur thr tlrfftndnnt to irivp pvicifiioe relntiiiir t<> the cirfiiiim'itinit iiiirtiikiii(r nt tin- |. .•wiit nioiiii'iit tc sought on the tiround that this It'Kiitlation is unbound. I am not venturinK upon any stated Hrjfument, It wa* well consiilerwl und diseuswHl in the legislature, and it was the eiuivictinu of the uienilM-rK. in view nf the npeeial investi- gation which tiireive raised by Mr. Hart. He is, tlierefore, not prepared to recommend diaallowauce, but he revinc«', ultitll Ix- connnimii'iitril tn iIh' I.iiMitiMiimiCiovcnior of tlw ProTinoo. Humbly itul>niittjfrt of n ri'fi'iii Act of th«' liCgiihitun' of Novu Siotia. cxcfptii* tli«! ihildreu of •Nuvnl and luilitury persoim' from the privilcyp ><( irtf i-i<1 if I <'ouli| Ih! inforiuMl of tlie rcattuuit vvhii-h iniliiifd the Pro- vincial (iovcrnnu-nt to allow tliift Art to b«' |ia««tMl, 3. In forwarding tn me tlw d between this department and the General Officer CommandinR the Rt'trular Forces in Canada, from which it will be seen that not only are the ' children of naval and militarv- |¥>raons ' stationed at Hali- fax, Nova Scotia, debarred by the ternw of the Local Education Act froni the privilege of free education, but school taxes are, injiddition, included in the nnits uf the bouses occupied by soldiers' families and paid to the local authorities by the landlords. It seems to the A-'ny Council to be unreasonable that, where taxes are paid, the children should be de.„ rred from the benefits aecniing therefrom, and I am to in- quire whether Mr. Secretary L.vttelton is prepared to represent the matter to the Government of the Dominion of Canada, with a view, if possible, to the repeal of the restrictive clause in the Education Act in question. I am, &c., (Sgd.) E. W. D. WARD. The Under Secretary of State, Colonial Office. IP Education Act or Nova Scv)Tia of 1900. From the General Officer Commandinfi Regular Forces in Canada, to the Secretary of the Army Council. War Office, London, 8.W. Halifax, N.S., 26th March. 1904. Sir, — I have the honour to report that Chapter 52, Revised Statutes, ' Education Act of Nova Scotia' of 1900, has been amended as shown in attached certified true copies. There are at present 139 children attending Civilian schools for whom after Blst March, payment will be required amounting to £143 for tuition from the 1st April to the Slst December, 1904. The present Military school accommodation is utilized to the utmost I have, &c., (Sgd.) CHARLES PARSONS, Major-Ocn., Commanding Regular Forces in Canada. f I'd ' i'ij tm NOVA SCOTIA UDOnSLATION Sxiraet from Chapter 59, Reviaed Statuteg, 1900. ' The Education Act' Sec. 3. ' All schools established under the provisions of this chapter shall be free achoola, and evrry person ovor 5 years of age resident in a school section, shall have the right to attend the school in that section.' Extract from an Act to amend Chapter 52, Revised Statute*, 1900, ' The Edtuation Act.' (Passed the 3rd day of March, 1904.) ' Section 3 of the Education Act, Chapter 52, Revised Statutes, 1900, is amended by adding thereto the following words: — ' Excepting the children of naval and military persons.' Certified true copies. CHARLES PARSONS, Major-General, Commanding Regular Forces in Canada. Halifax, N.S., 25th March, 1904, 16th April, 1904. Sir,— In reply to your letter. No. 13368/16, of the 25th ultimo, I am commanded to inform you that the payment of school fees for soldiers' children attending civil schools at Halifax, Nova Scotia, may be authorized by you under the provisions of Article 1276 of the Pay Warrant. I am, &c., H. BOWLES, Colonel A.A.O. for the Director of Recruiting and Organitation. The General Commanding the Regular Forces in Canada, Halifax. Nova Scotia. Attendance of Military Children at Civil Schools. From the Oeneral Officer Commanding, Regular Forces Canada, to the Secretary of the War Office, War Office, London, S.W. Halifax, N.S., 26th September, 1904. Sn, — I have the honour to report for your information, that although the chiMren of soldiers at this station are prohibited from obtaining free education in the civil schools as reported to you in my letter C.L. 13368/16, dated 26th March, 1904, and your reply thereto. No. 60/Colonies/16 A.G., 4, dated 16th April, 1904, school taxes for the hired houses in which these children live are being paid. The number of houses at present hired is 109, and the amount paid in school taxes per annum is £148.68. This tax is paid to the city by landlords, and is included in the rents. When the education Act of Nova Scotia was amended as reported in my letter quoted above, the local School Board was approached with a view of obtaining remis- sion of the school fees on the grounds that they were already paid by the payment of the school tax. After several meetings of the School Board my request was not enter- tained. This extra fee of $4 per child per annum, at present paid, seems unjust. I attach a cutting from a local paper on the subject for your information. I have, &c., CHARLES PARSONS, Major General. Commanding Regular Forces, Canada. 4 EDWARD VII., 1904 IB (Approved by Order in Council, eth January, 1905.) Dkpartuent of Justice, To His Excellency the Governor General in Council^"""""' ^"^"'^' ''' '"*^- the STHoiibS^^hTi? '^' r^^'^'*"^^ -Py of a despatch of 19th ultimo from mmim^mmM ward the required explanations without delay requested to for- He recommends further that Mr. Lyttelton be advised of the action so taken Humbly submitted, C. FITZPATRICK, Minister of Justice. Attorney General of Nova Scotia. Tlir*» «m T J ^ , Halifax, December 27, 1904. ^4 J^ ^»°j?ter makes the proviso that inquiry be made of the Lieutenant Governor of Nova Scotia as to whether this section will be repealed at 4e n^ sSsion IfT LegisUture and within the time limit for disallowance! « Jf^^ Ta'J" f ?u?^ ^°.*^^ *^* '"^ ''^^ «* **»« "'«>'« opi'iions which I entertain ^Jl /S'*^'y°f *^'* "f"*'"" ""^^ *^ «*""« ^J""*** I ^'^tertain as to^e fedi^a^d toaper of the legislature in respect of the matter. I do not care to tafcrthe «S>m^ h^hty of advising that ay assurances be given in this regard. If the Min^r^o "es to r««rve action until after the l^lature has met some action may be tal^tut no official ausurances of such action are possible at the present time. Yours truly, J. W. LONGLEY. Dkpartmknt of Justice, TK« Ti„ _i.i o ^ Ottawa, January 3, 18IP6. ine Uonourahle Charles Fitzpatrick, Minister of Justice, Ottawa. 4 of ?^;"7^f^**** nckiiowledge receipt of your letter of 27th with reference to chapter n.»l 5 °m/,1"^ province for 1904, and to state in reply that the representatioM made by you will be duly considered. a^uutiiona I have the honour to be, sir, Your obedient servant, E. L. NEWOOMBE. TV- IT t., ■.■ .^ , Deputy Minister of Justice. The Honourable J. W. Longlet, K.O., "^i^e. Attorney General, Halifax, N.S. -m NOVA SCOTIA LEGISLATION 1 i Haufax, N.S., December 27, 1904. Hon. C. FiTZPATBICK, Minister of Justice. Ottawa, Canada. Deab Sib,— Attorney General Longley told me to-day that it was your intention to advise the disallowance of the Remedial Act in respect to Mortgages, passed by the Parliament of Nova Scotia last winter. , , -a I hope you will not move in this matter until the Dominiou members from «ova Scotia will have an opportunity of discussing this macter with you. This Act was drafted by the law clerk of the House after a parliamentary inquiry at which the lora companies were largely represented, and the Act was introduced and carried through both Houses by the Government, and was so introduced after fully considering the Ontario Act on the same or similar subject. The Act has the full approval of the Supreme Court of Nova Sootia, and the legislation was prepared at the suggestion of some of the judges, and it should not, in my humble opinion, be disallowed if found to be within the scope and jurisdiction of the Legislature of Nova Scotia upon a liberal and broad application of the terms of our constitution. AVhen we have explained to you the hardships that this Act was aimed at, I am sure you will be anxious to help us. , Yours very truly, D. D. McKENZIE, M.P., North Cape Breton and Victoria. Department of Justice, Ottawa, January 3rd, 1906. Deab Sm,-I beg to acknowledge receipt of your letter of the 27th ultimo with respect to chapter 4 of the Acts of the Province of Nova Scotia for 1904, and to say in reply thereto that I have no objection to allowing the consideration of this Act to stand over until the opening of the session. Yours very truly, C. FITZPATRICK. D. D. McKenzie, Esq., M.P., Halifax, N.S. Government House, Halifax, February 4th, 1906. Sm,— Referring to your despatch of the 11th January intimating that ^8 Ex- cellency the Governor General had received a despatch from the Secretary of State for the Colonies asking to be informed of the reasons which induced the government of this province to allow to pass section 1, chapter 8, 1904, intituled ' An Act to amend Chapter 62, Revised Statutes, 1900, The Education Act.' I have now the honour to transmit, herewith, a communication from the Honourable the Provincial Secretary, in answer to the said inquiry. I have the honour to be, sir. Your obedient servant, A. G. JONES, Lieutenant Oovemor, The Honourable The Secretary of State, Ottawa. Provincial Secbetaby, Halifax, Fobruary 2, 1905. Sir,— Referring to a communication of the 18th ultimo, from His Honour the Lieutenant Governor, in which it is stated that a despatch had been received from the Secretary of State for the Colonies asking to be informed of the reasons which in- duced the government to pass section 1, chapter 8 of the Acts of Nova Scotia, 1903-4, 4 EDWARD VII., :M4 H I haye the honour to inform His Honour that the Act in question wag not passed at the instance of the government. It was introduced by a private member representing the county of Hahfax, at the instance, as I am advised, of tlie School Board of this city. It was contended on the part of those who supported the measure that it would not be fair or reasonable that the children of soldiers residing in barracks, whose fathers were entirely exempt from taxation, should be imposed upon the school authorities of the city of Halifax. On the other hand, it waa urged on behalf of some at least of the military of this city that they have rented houses and the city taxation imposed on the premises they occupy is regarded by the landlords in fixing the rent of the premises. I have also to inform His Honour that the question as to the advisability of repealing or amending the section in question will receive consideration at the ensuing session of the legislature. I have the honour to be, sir, Your obedient servant. Lt.-Col. (Sgd.) G. H. MURRAY, Provincial Secretary. Private ijwcretary. House of Commons, Ottawa, February 6, 1906. Sib,— It has been brought, to the notice of the undersigned members of the House of Commons, that you contemplated advising the ' veto ' of section 8 of chapter 4 of the Acts of the Legislature of Nova Scotia passed on the 3rd day of March, A.D. 1904, being an 'Act relating to Loan Corporations,' and we hasten to respectfully protest against said section being vetoed, and in support of the contention that this section should be permitted to pass with tiie rest of the chapter. We desire to direct your attention to the debates and proceedings of the Assembly of Nova Scotia, 1903-4, pp. 207-212, both inclusive, and also to sections 20-25, both inclusive, of chapter 205. Re- vised Statutes of Ontario. The undersigned respectfully submit that the passing of the chapter above referred to is within the constitutional powers of the Legislature of Nova Scotia, and should be allowed to remain the law of that province. Respectfully yours, D. D. McKenzie, J. H. Sinclair, S. W. W. Pickup, Duncan Finlatson, A. K. JfACLEAN, Alex. Johnston, * M. Carney. Honourable Charles Fitzpatrick, Minister of Justice of Canada, Ottawa. mi :•! « Department ok Justice, Ottawa, March 29, 1905. Sir,— Referring to your application for tii=al!owauec uf Chapter 4 of the Acts of Nova Scotia, 1904, intituled ' An Act relating to Loan Corporations,' I am directed by the Minister of Justice to inform you that uiion careful consideration ha has de- 4 ; § I SO NOVA SCOTIA LEGISLATION cided not to lecommend disallowance, but to leave the question an to the validity of the statute to be determined by the courts in any case which may arise. I have the honour to be, sir. Your obedient servant, E. L. NEWCOMBE, Deputy Minister of Justice. F. W. G. FiTzoERALD. Esq., Managing Director, The Canadian Birkbeck Investment and Savings Company, Toronto, Ont. From Mr. Lyttelton to Lord Gre-j. DowNiNQ Stkeet, March 21, 1905. Mv Lord, — I have the honour to acknowledge the receipt of Your Excellency's despatch No. 69, of the 19th ultimo, forwarding a communication from the Government of Nova Scotia on the subjivt of the provision in a recent Act of the legislature of that province, excepting ' the children of naval and military persons ' from the benefits of free education. 2. I learn with satisfaction from the letter of the Premier and Provincial Secre- tary that the advisability of repealing this illiberal measure will be considered during the present session cf the Provincial Legislature. I trust that action will be taken to this effect; but should the legislature decide otherwise, I have to request that your Ministers will take into consideration the question of advising the exercise of your powers of disallowance in respect of the Act. I have, &c., ALFRED LYTTELTON. Department of Justice, Ottawa, 15th May, 1905. Dear Mr. Lonolet. — There has recently been some correspondence between this Government and that of Nova Scotia with regard to section 1 of Chapter 8 of the Statutes of Nova Scotia, 1904, intituled ' An Act to amend Chapter 52 of the Bevised Statutes of 1900, " The Educaton Act." ' It is, I observe, stated by your Government that this Act was not passed at the instance of the Government, but was introduced by a private member representing the County of Halifax, at the instance of the School Board, and it ia stated that the question as to the advisability of repealing or amending the section in question will receive consideration at the ensuing session of the Legislature. Will you be good enough to inform me whether the section was repealed or amo^-'ed at the last session, and if so, send me a copy of the amending Act. As the time for disallowance is running out, and as the Imperial authorities are making further inquiries, I am writing you direct for this information, hoping to avoid the delay incident to despatches through the usual channels. Yours very truly, E. L. NEWCOMBE. The Honourable J. W. Loxoley, K.C, Attorney General. Attorney General ok Nova Scotu, Halifax, May 18th, 1906. My DeaR Mr. Newcombe,— Section 1, of Chapter 8, of the Acts of Nova Scotia, 1904, was repealed last session. I communicated fully by way of explanation to the Imperial authorities in respect of the conditions under which it was passed. There was practically no opposition in the House to its repeal. Yours very truly, J. W. LONGLZY. E. L. Newoombe, Esq., E.G., Deputy Minister of Justice. I I BDWARD VIL. 1»06 irOVA 8COTZA. 5 EOWAKO Vn., iw5. (Approved hv Order in Council 17 November, 1006.) Department of Justice, _ _. _ Ottawa, 10th November, 1908. To Ht» Excellency the Governor General in Council: The undersigned has had under consideration the Statutes of the Lemslativ. Assembly of Nova Scotia, passed in the 6th year of His Majestv's rei^ iSranJ received by the Secretary of State for Canada on 3rd July lasnaKeifof the s:^'i^srx%s^j^^:^^^^ - ^^- -- ^- --' S« Chapter 38, intituled 'An Act further to amend the Game Act' Chapter 41, intituled ' An Act relating to offences against Religion ' E.ilwII^'^oUJiy.ltii'^'^ ^^'^ *° incorporate the British American Coal „d Chapter 136, intituled 'An Act to incorporate the Gold River Mines and Power Company, Limited.' Limi^'^'" ^^' '°*'*'^*^ '^ ^<^ *° Incorporate the Pictou Smelting Company. « A ^iTt' ^^' '''**^'l.'^x? ^''^ *° ""^"'^ ^^»P*" 158, Acts of 1902. entituled An Act to incorporate The Nova Scotia Fire Insurance Company " ' Fire'SiiJe^CompS? ' ^ ''' '"'*'" ""^'^ '"' '''^ "^"^^"^ ^° '""^ """"''^ Chapter 147. intituled ' An Ac specting the LaHave Marine Insurance Com- pany. Limited.' Limited '''**' ^^^' '°*^*"'^ '^" ^*^* ^ incorporate the Union Printing Company. Chapter 162, intituled ' An Act to incorporate the Maritime Loan and Mortgage Company, Limited.' ^ Chapter 163, intituled ' An Act to incorporate the Gazette Publishing Company, Chapter 164, intituled 'An Act to incorporate the Cape Breten Stock Company. Limited.' Chapter 166, intituled ' An Act to incorporate tte Stillman, Mineral Springs Com- pany, Limited-' « Chapter 169, intituled 'An Act to amend Chapter 191, Acts of 1903, intituled An Act to incorporate the South Sea Sealing Company. Limited." ' Chapter 160. intituled ' An Act to incorporate The Old English Fertilizers Com- pany, Limited ' ; and Chapter 161. intituled 'An Act to amend Chapter 155. Acts of 1900, entitled "An Act to incorporate the Chapman Double Ball Bearing Company of Canada Limited." ' The undersigned recommends that a copy of this report, if approved, be trans- nutted to the Lieutenant Governor of Nova Scotia, for the information of his govern- ment. Humbly submitted, C. FITZPATRICK. Minieter of Juttice. 4i NOVA SCOTIA LBOI8LATION (Approved by Order in Oouncil 17 November, 1906.) Dkpartment of Justice, Ottawa, 10th November, 1906. To Hit Exeelleneif the Oovemor OenertU in CfouneU: The undersigned has had under consideration Chapter 38, intituled: — ' An Act further to amend the Game Act ' of the Statutes of Nova Scotia, 1905, and in recommending that it be left to such operation as it may have, he desires to reserve the objection that enactments of this character forbidding the killing of game and imposing penalties therefor relate to the criminal law, and are within the exclusive authority of parliament. This objection may, however, be conveniently determined by the courts when it arises, and the under- signed does not recommend disallowance. Humbly submitted, C. FITZPATRICK, Minieter of Jutiiee. (Approved by Order in Council, November 17th, 1906). Department of Jistice, Ottawa, Novnmber 10th, 1906. To His Excellency the Oovemor General in Council: The undersigned has had under consideration chapter 41 of the statutes of Nova Scotia, 1906, intituled : ' An Act relating to Offences against Eeligion.' This Act provides for appeal in certain eases to the Supreme Court from any judgment, order or conviction of a county court judj^e or stipendiary magistrate. In so far as these provisions relate to offences against religion they are criminal provisions, and ultra vires, and in so far as they enact criminal procedure, they are likewise ultra vires. Whether the Act has any operation except in these two par- ticulars is doubtful, but in any case it will be quite convenient for a court to give effect to these objections when they are raised. The undersigned, therefore, doee not recommend disallowance, but he recommends that a copy of this report, if api>Toyed, bo transmitted to the Lieutenart (Jovernor of Nova Scotia, for the information of his government. Humbly submitted. (\ FITZPATRICK, Minister of JtuHee. (Approved by Order in Council, November 17th, 1906). Department of Justice, Ottawa, November 10th, 1906. To His Excellency the Oovemor General in Council: The undersigned has had under consideration chapter ''34 of the statutes of Nova Scotia, 1906, intituled : * An Act to incorporate the British American Coal and Rail- way Company, Limited.' This Act incorporates a company with general powers to mine, quarry, work, mill and prepare for sale, sell and deal in certain minerals, to acquire lands and mining rights, to construct and operate railways, telegraphs, telephones, &c. It is not ex- pressly provided that this business shall be carried on only in the province of Nova Scotia, but it is provided by section 6 that the company is authorized to transact any business out of the province necessary or incidental to any of the purposes for which the company is incorporated. The undersigned does not suppose that the legislature intended that the company ■bould exercise its powers of business beyond the limits of the province, and it is, of course, incompetent to the legislature to confer any powers to be so executed. As the S BDWARO VII., IMW atatttto reads, however, eapecially in view of aection 6, it is open to the conatruotion Uut the company may carry on an extra-provincial business. The undersigned considers, therefore, that this statute should be amended so as to expieasty confine the exercise of the company's powers to the province, and he nconuoenda tlat inquiry be made of the Lieutenant Governor as to whether suoh an amendment will be enacted within the time limited for disallowance. For similar reasons the undersigned considers that chapter 136, intituled: 'An Act to incorporate the Gold River Mines and Power Company, Limited'; Ua^f^ 140, intituled: 'An Act to incorporate the Pictou Smelting Company. Chapter 147, intituled: 'An Act respecting the LaHave Marine Insurance torn- pany. Limited ; Llmi^'*^' ^'^^' '°*'*"^^" '^" ^''^ *° incorporate the Union Printing Company. Chapter 162, intituled: 'An Act to incorporate the Maritime Loan and Mort- gage Company, Limited'; ^pter 168, intituled: 'An Act to incorporate the Gazette PublUhing Company, Chapter 164, intituled: 'An Act to incorporate the Cape Breton Stock Com- pany. Limited'; Chapter 168. intituled: 'An Act to incorporate The Stillman Mineral Sprimn Company, Limited'; and. Chapter 160, intituled: 'An Act to incorporate the Old English Fertilizers Com- pany, Limited,' ought to be similarly amended, and the undersigned accordingly recommends that the Lieutenant Governor be requested to inform Your Excellency's government whether these chapters also will be amended in like manner. Humbly submitted C. FITZPATRICK. Miniater of Justice. (Approvtd by Order in Council, November n. 1906.) Department of Justice, Ottawa, 10th November, 1905. To Hia Excellency the Qovemor General in Council: The undersigned has had under oonaideration Chapter 143 of the Statutes of Nova Scotia, 1906, intituled ' An Act to amend chapter 158, Acts of 1902, entitled " An Act to incorporate the Nova Sootia Fire Insurance Company." ' This Act amends section 11, of Chapter 168, of the Acta of 1902, by which the Nova Scotia Fire Insurance Company v s incorporated. Section 11 provides that the company shall have power and authority within the Province of Nova Scotia to make and effect contracts of insurance, &c.; this being the section which defines the general powers of the company, and it will be observed that the business of the company is thereby properly confined to the Province of Nova Sootia. The amendment effected by Chapter 143 now in question is to strike out the words ' within the Province of Nova Sootia,' the intention apparently being to authorize the company to make these contracts and carry on its business outside of Nova Scotia. This is an amendment which in the opinion of the undersigned cannot be allowed to stand. A provincial legislature has no power to incorporate companies except for provincial objects, and it has been held by the Judicial Committee of the Privy Council that the Dominion alone can constitute companies with power to carry on business throughtout the Dominion or in the several provinces. Before recommending disallowance of this Act, however, the undersigned recom- mends that a copy of this report, if approved, be traiismittendeiico on thf subject in reference to certain proTinoial legitUtion which has been under the conHidomtion of the Honourable the finiater of Justice, I have now the honour to trmismit a 2, W.i, \r>i, 155 and 160; chapters 41, 38, 159, 161, 14:i nnnsidcration the report of the Minister of Justice to His Excellency the Governor General, approved of by His Excellency in Council on the 17th of November, 1905. referring to Chapter 41 of the Acts of the Legislature of Nova Scotia for the session of 1905, intituled ' An Act relating to •i\ M NOVA KOnriA LBOIflLATIOK . I i oienoM agBinst Religion,' recoinmending that a copy of tuob report be trantmitted to Hia Honour the Lieutenant Governor for the ipformation of hia {[ovemment, and bega reapeotfully to aubmit that he reoofnizes the force of the objet-tiona »UtM by the If iniater of Juatioe and concurs ir the opinion that it ia deairable for a court 'o decide upon the validity of theae objectiona whenever they are raiaed. Reapeotfully aubmitted, • (Sgd.) ARTHUR DRY8DALE. Attome^'Otneral. Halifax, 24th April, 1006. MmoRANDUif on the report of the Minitter of Juttiee a$ to Ohapteri ISi, 186, HO. U7. 161, 16t, 168, m. 166 and 180 of the Actt of 1906 of the LegialaUire of Nova Scotia. The undersigned has hud uuder conaidcration the Report of the Minister of Juatice to Hia Excellency the Governor General approved of by Hia Ezcellenoy in Council on the 17th of November, 1906, referring to Chaptera 184, 180, 140, 147, 161, 162, 163, 154, 165 nnd lUU raiding the ulijoction that said statutes are open to the conatruction that the companiea thereby incorporated may carry on an extra-provin- cial buaineaa and recommending that inquiry be made jf His Honour the Lieutenant Governor aa to whether such an amendment will be enacted as will expieealy confine the exercise of the powera of such companiea to the province of Nova Scotia and bega reapectfully to submit aa followa :— (1) Aa to Chapter 186, intituled ' An Act to incorporate the Gold River Minea and Power Company, Limited,' Chapter 147, intituled 'An Act reapecting the La Have Marine Inaurance Company, Limited,' Chapter 161, intituled ' An Act to incorporate the Union Printing Company, Limited,' Chapter 162. intituled ' An Act to incorporate the Maritime Loan and Mortgage Company, Limited,' and Chapter 153, intituled ' An Act to incorporate the Gazette Publishing Company, Limited,' that, while theae Acta of Incorporation do not in terma provide that the business of the respective companies shall be carried on only in the province of Nova Scotia yet aa the jurisdiction of the legislature only extends to the province theae Acta empower them only to exercise the powers conferred upon them within the province. With any buainess transacted by these companiea respectively beyond the province the legialature and courta of Nova Scotia are not concerned l)eyond the provisions of their acta of incorporation generally. If theae companiea undertake to extend their busineaa, make contracta an** 'wail them- selves of the protection of the courts of any other country, they should at liberty to do so where by the laws of comity among nations such corporations yjcognized and permitted to make contracta and to sue and be sued in the courts ' a such caaea the corporation is bound aa to any transaction both by the provision ox its Act of In- corporation and by the laws of the country where the transaction occurs. The prin- ciple ia now well established that a eorporntion duly created in one country is recognized as a corporation by other countries. Lawa regulating the operation of foreign corpora- tions are found on the statute books of nearly all countries. To amend these acta of incorporation so as to expreaaly confine the exercise of the companies' powers to this province should be to prohibit and prevent them from taking advantage of the Inw of comity which ia almost universally recognized. He, therefore, begs to submit that this legislation should be left to its operation. (2.) A.S to chapter 134 itituled: 'An Act to incorporate the British American Coal and Railway Company ..iinitwl.' tiiat pxcppt ns to scotioji fi the above expression of opinion applies, and as to section 6 he accedes to the view of the Minister of Justice that it purports to authorize the transaction of business without the province, and the legislature of Nova Scotia has accordingly repealed this section. As to chapter 140, intituled : ' An Act to Incorporate the Pictou Smelting Com- pany, Limited,' that the same remark applies, and the legislature of Nova Scotia has accordingly repealed section 6 of that Act. I BOWARD Vlt., IIM n A. to cb-pter 164 intituW: 'An Act t., Incorporate th« C.pe Breton Stock SSS'^eo^rfif tt XT """"' ""•"'^' """ '- •-'•'--•T. acoor^n^J S„«^ r ^'"""'"t— 'J****"'^: 'An Act to In«,rporate t\ie Stillm.n Mineral Spnng, Company. Limited.' m-dio,, fl ha« for the ..me «««,« been repealed nn P fTv"'"?- "'•'"*' " ''•'"P**' ^*'' ""i»">«J: 'An Aot to In«,rpor.t« tha Old Engl.ah F.rt.l.«-r» Company. Limit..!.' and «m.rdinKl.v H«uh« p ofTfion " ud Mction 23 of that Act have been repealed. " Reapi-ctfully submitted, (Sgd.) ARTHUR DRYSDALE. Haukax. 24th April. 190fl. ^"'^"' ^'^''^^ ifK.MOKANu,M .„ ihr fportofth,. Minist.r yf Ju.lu: a. to Vkn.Ur. l^.i and lU of the Acta of 1006 of the Legielature of Nova Scotia to HS'E!i^ilI!!i!!rl'''ll!"''^ under eonaideration the «,port of the Minister of Ju.tice o^S^iT^ir^ w^^Z"" ^'".'''' 'PP™"^ °^ ^y Hia Excellency in Council on the 17th of November. 1906. referring to chapters 143 and 144 of th« Acta of the iH^^.1 Nova Scotia for the «».ion of 1906. at.ting that th^ p^vitcUl e^U- il^^n, th.t''^''" ^ incorporate companies except for provincial obj^ta. and «com. mending that a copy of hia report be transmitted to ffi. Honour the Lieutenant Governor of Nova Scotia for the purpo«, of obtaining any observatrons wWd. S Se'T^L .Ti'1 r """^tl' •'."^.^"r^'^'" -hether hi/goven»,n.nt will \m.Ie ! take to have the Act repealed within the time limited for disallowance The undersigned desires to repeat the obaervations made in his reoort coneeminff Act. of 1903 entitled: "An Act to Incorporate The Nova Scotia Fire Insurance Company" •it simply remove. « disability imposed by the Act of Incorporation u^^ SrouMhe proVn^r """^^ '' ""'" •""^" "«"" *^ ''""'P^"^ *» ''^ -^ -*» ordoffw'^' ^'"^ ^° ''"r "'*f°^'°f *" '••^ '"*•* *•"" *^« amendment was made in order that the company might take advantage of the provision, of any 8tatute« of 2»„^r !n ?^ ^^^"'"'o ^."«"' •" ^""1 t° do business eliwwhere in Canada tiian the province of Nova Scotia; the undersigned U informed that such a li"ns! ha. been issued to this company. He. therofo«>. submits that the Act should bTlefJ to it. operation. » ^ i.c icn Regarding the amendincnts made by said chapter 144. intituled: 'An Act to further amend the Acts relating to the Acadia Fire I„sur..nce Company^- that he deaire. to make he same observations and to state further that in the conso rdation of the Acta relating to the Acadia Fire Insurance Company passed at the present •ewion of the legislature of Nova Scotia thi^ chapter has been repealed Kespeotfully siibniittitl. (Sgd.) ARTHUR DRYSDALE, TT ^. ^ . ., Attorney General. Halifax, 24th April, 1906. Memorandum o„ fhe Report of the Minister of Justice as to Cliapters 169 and 161 of the Acts of 1905 of the Lefiixtnture of Nova Scnfui. *• 7*'^."»')«"'»P«^'l ^^ had under consideration the report of the Minister of Jus- 1° Vi!u f-ll^'"'^ !^^ Governor General, approved of by His Excellency in Council on the 17th of November, 1906, referring to chapters 159 and 161 of the Acts of the legislature of Nova Scotia for the session of 1905, stating that it is not competent tn t NOVA ICOTIA LKQIII^TION li^ ihc Ltfiilatura of Nova Bonlia i.i i.iithnriza a company to hav. it« tuad oWom (lUt of the province, and inquiring whii*i •hf>M> Actit will ho nniondivl ,it i\w next seMion of the Icgiilatiirp, th»> umlprsigned in- r<"»|H«ftfull,v to iiihmit »* follow*:— 1. Aa to chapter 1B!» of tho ArN .>f the lAYiiilatiMm of Nova Scotia, intituled: ' An Act to amend chapter ini. Af«« of •" , intitled " An Act to incorporat*' the South Se« Sonlinir rompnny, Limititi ",' th. m ilio i««'nt hCMion of the Legislature of Nova Scotia, claune / of nection ■< of aai ' An. 'ij which tirction IB of the original Act of in- ocrporation waa nmended so aa to n n'auada aa the directors determine,' hafi been rriinled; and that thi- amending' • >■ r her enacts that ' thi» heiid ofSoe of the com- pany ahall b<' at xtieh place > tl • i'ir» Hull ik'iiriiiK ('ompmi.v, of Caiuula, Lim- s .' Mill 3 relating to the head otiice and the meer- " An Act to incorporate the Ch i. itti! ",' he begM to itate that aec ings of the enmpany have been po«i'( I! Haiu-ax, 34th April, 1006. (Approved 6^ nder fully (lamittcd, >d> '^ , HFR DRYSDALE, Atiomey Oeneral. eil. 7 July. 1900.) .. 1 1 iRTiiKMT or Justice, Ottawa, 20th June, 1906. To Hit Excellency the Oovtmor Oeneral in Oounnil: The undersigned has had under conuideration u deapatch of the Lieutenant Gover- nor of Nova Scotia of 6th instHnt, transmitting a letter from the Deputy Provincial Socri.'fary of ^o\r Scotia with reports of the Attorney General as to certain Acts of ilio LeKislature of Nova Scotia, 1906, as to which the attention of the government of Nova Scotia waa particularly directed by orders of Your Excellency in Council of 10th November last. As to Chapter 134. intituled ' An Act to incorporate the British American Coal dikI Railway Company, Limited,' the Attorney General states that section 6 has been n»poaled. Aa to chapter 140, intituled ' An Act to incorporate the Pictou Smelting Company, Limited,' the Attorney General states that section 6 has been repenlcd. As to chapter 164, intituled ' An Act to incorporate the Cape Breton Stock Com- pany, Limited,' the Attorney General states that section 4 has Ix <'ii repealed. As to chapter 155, intituled ' An Act to incorporate the Stillmun Mineral Springs ( ompany. Limited,' the Attorney General states that section 6 has been repealed. As to chapter 160, intituled, ' An Act to incorporate the Old English Fertilizers', Limited,' the Attorney General states that clause (p) of section 2, and section 23 have been repealed. As to chapter 136, intituled 'An Act to incorporate the Gold River Mines and Power Company, Limited.' 147, intituled ' An Act respecting the LaHave Marine Insurance Company, Lim- ited'; 151, intituled 'An Act to incorporate the Union Printing Company, Limited ' ; 152, intituled ' An Act to incorporate the Maritime Loan and Mortgage Company, Limited'; sod 163, intituled ' An Act to incorporate the Oazetie Publishing Company, Limited ' ; the Attorney Oeneral argues in effect that no powers are granted beyond provincial authority, and that there is no occasion for limiting the business of these companies to Nova Scotia, especially as they may be recognizr : by the laws of other countries in which they desire to transact business. I BOWARD VII.. IMI Th« Attorney General doM not upi«?ar to Imvu contidireil. how. ver, that thu rml fon* of the ..hjection .tutod l.y tho i,mU'v,**„r in office of ihi un.U.r»ignod coni.i»U in tiM in«»nipetenoy of a provincial Ugiilntiirc to ..onfcr any gcucru! .apacity upon cr- The powera of a company incorporated by a province iiiuxt bo «trictly lunitetl to projin^-tal obiecta. imd it ia, in the opinio,, of the underaiipied. therofow, expe.lient k 1?'^ "-harter or Act of iiiponwration i'runter proiwdingr* bo .winpelled by the provincial courta to csntin*^' Its bugin*«a within th«- limits authorized by iw oonatituent authority. In such a caae it would Ix of no disadvantage to the company to have the limitation of it« powers stated in the incorporating Act. The undersigned dd by the laws of Cniiadfl. and iu tU- circum- atancea the undersigned apprehends probal>Iy not authorized by the law of any foreign country. Inasmuch, however, as the sectiona above mentioned have licen ropeftJ«' « disallowance ^f Sh« nf ^^ * " *?? government at Ottawa would take the matter up with a^^ ?i S«al Sns'l'^Tr*" "'■ '"/"^^ -"■'"•«--»ts with the local a^utCitfes f^ v^■^^^Ju' ^"*'"P«' y«*" ^i:'" •''" > advise u« as to whether you consider it a matter wh.,an Corporations."' A copv of th s Act U annexed hereto and 11th section of which enacts as follows:- „. i^tY^. '"i"* <»n>oration holding a certificate of registry under this Act shaU on yea^ rri^'t'r '*""* "' ^r^' •'T- ^'''•P^'"^' •""* ^^^^ respeetr4.t"^ !he P^^^uf t""^""^ "^ '*" '^'^ifieate of registry, deposit and k«.p deposited ^ ^ff^ A ITT'^' "* 'T"*-^ ^•^ ♦'^ "«y'"*""t of the just claims of the creditor, and subscribers to or holders of share, in such loan corporation r^idinj lit of I .1! 82 NOVA SCOTIA. LBQISLATION I 'i il within this province, all mortgages and other securities taken by it in the usual course of business within this province during the three months immediately preceding.' The subsection following provides that in the absence of mortgages or other securities of the value of $25,000, the company shall be required to keep deposited with the Provincial Treasurer the sum of $25,000 in cash, or in securities satisfactory to the Provincial Treasurer. It will be observed that it is declared that this deposit is to be held ' as security for the payment of the just claims of the creditors and subscribers to or holders of shares in such loan corporation residing within this province.' Failure to comply with this requirement subjects the company to the penalty of having its certificate of registry cancelled (section 13). We are of opinion that the legislattire of Nova Scotia can properly make ciitct- ments having for their purpose the determining or insuring the financial responsibility of companies doing business within the province. But as to the legality of the pro- vision above quoted, in so far as it affecta companies incorporated by the parliament of Canada, and as to the power of a kgislnture to assume to itself the right to hypothe- cate a particular body of securities for the exclusive benefit of shareholders (who may be numerically few) within the province, we have grave doubt. The language of the section quoted, and the assumption that underlies it, axe unfamiliar to us. We are not able to see how the legislature of Nova Scotia can legislate certain shareholders within that province into a privileged and preferential position in a public company as compared with shareholders in other provinces; nor are we able to conceive that in the case of a Dominion comnany the provisions of the Winding-up Act, in the event of liquidation, would not apply. In the case especially of companies borrowing money from the public, either in the way of deposits or debentures, we do not question the right of the legislature to require that tlwy shall have adequate resources behind them for the fulfilment of their obligations, whether in the form of paid up capital or, if a company of provincial creation, by a deposit of securities. That would be a matter of reasonable domestio legislation such as we imagine could be held to come within the ambit of a provincial legislature. So far as Nova Scotia corporations are concerned the legislature could make such regulations as they saw fit. Their right is not absolute, we submit, in the case of companies deriving their powers from the parliament of Canada. In the present case we are required to hypothecate and keep deposited with the provincial treasurer of Nova Scotia $25,000 in mortgages of this company, which are the property of its proprietors generally, not for the benefit of its creditors generally or its shareholders generally, but for the special advantage of such shareholders as may be resident in Nova Scotia. This company has no creditors in Nova Scotia. It has neither depositors or debenture holders there, while such few shareliolders us it has in that province (and they are very few) cannot, in any proper sense of the term, be defined as creditors. The business of this company in Nova Scotia has been a mortgage business en- tirely, and whilst it has a large number of mortgage debtors in the province, it has not one creditor properly so called. We are not able to see how. in these circumstances, the legislature of Nova Scotia can legislate the few shareholders domiciled in that province into a privileged position as compared with our shareholders resident elaewhere. In such circumstances the proposed hypothecation of a body of this company's securities for the special protection of creditors in a particular province who do not exist, is not only an anomaly, but, as we view it, a proceeding which the directors of this company would be blamable were they to allow themselves to be led into until the legality of this enactment and its application to a company deriving its powers from the Dominion parliament, and doing business over the Dominion generally, have been determined. Wo beg leave, therefore, to submit this enactment to the consideration of the Department of Justice for such action as upon review the Minister of Justice may deem proper. • EDWARD VII., 19M 6S of ciI,°Jf "Jft**" w"*"!*""*.^." .^'" ^ ^*'""*' '" "i-tence in any other province cluarvely to provincial cpn^rations/ ot^^untritTnd g^h^tlw^^-t^Stfo^ th! ^X f 1 T.^"?"'°" Ko^ernmenU, and that as a result th« province recorS the right of the Dominion to concurrent jurisdiction. recopniied I am, dear sir, Yours faithfully, F. W. G. FITZGERALD, Managing Director. (Approved bp Order in Council May BSth, 1907.) Department qf Justice. r- w p 71 .r ^ Ottawa, Di-cember 26th, 1906. 10 att txcellency the Governor General in Council: The undersigned has had under consideration the Acts of the Lemslati™ nt Wnw. 8:^;;r^"^?1tlf r"^"^" t Hj? Maj«,tys roign, lO^.^aTSivU^ifth: B«oretary of State for Canada on 13th December instant. Liquo? Sni Acl!"^ ' ^° ^''^ '" '"°'°** "^'"'*"' ^^' ^^''^ ^'"*"*«' ^^- " The wl„,lIa?-T°"°4 °f **** undersigned has been directed to this statute on behaH of the S Tern r^w A * * ^^'^ ''**""*^ '' "^'~ **"' " affecting the Can- wW.S n*^ ?T^ *''** " f"'.^*^ '' P™^"''^ ^°' ««°*''°« "I""' into any locality i^ln * ? Temperance Act is in force knowing, or having reason to beUeve. that S^.-rjril. T***^!'*'""'^ *"** " '"''^'^ '"^ the sale of liquor contrary tJ S SrSer^to "^ *^^ -f *'*^'°~ *° ~''** '''»'^°' *^"«*' the agency of a co™ S?^L°i /^ ''^r*!',?'*^ °l town where the Canada Temperance Act is in force to be paid for on the delivery by such common carrier. «.«' « m lorce, fhe* seem to be provisions in aid of the Canada Temperance Act and, therefore I^^IT '""' "'^:"^ ^'"k^" comprehensively dealt with by parliam^rl^iS S T^ ^."'^ "°* im-.bably ultra vires. The undersigned considers, however ^^M ;fot'''ltf*'7 '"'^ conveniently be left to the determination of the c^urJs S would not, therefore, recommend disallowance. ""urm, ana Edu^tiSlc^t'"*''"'**^ '^^ A«t to amend chapter 62, Revised Statutes, 1900; "The By the eighth section of this Act it is provided that ' the school board of the city of for tJf *!^^' ''y.^f-^"''' .to be approved by the Council of Public Instruction. Sx a fee for the tuition of the eh, dren of the permanent militia forces, and such fee must S SlifM ' ""^ '" *" "*'*'* *° "***"'' ^^^ P"*'"'' '•=^'^'« »° the City of This is exceptional legislation. Under the general school system of Nova Scotia no tuition fee is charged for children attending the p-iblic schools, but the schools are «,S'? ^ "'*'"' °^ provincial grants and local taxation upon property or persons subject to assessment or taxation Neither the quartern occupied by the perLnen mihtia forces nor the pay of such forces being subject to taxation, the legislation in question seems to be an indirect attempt to levy contribution towards the spools of the kMj """"* ",o™ the members of the militia forces who necessarily must send their children to school there. Whether or not this prevision falls within the auE^of the legislature u seems t« be an unjust discrimination imposed against the memben of the force m respect of their service in the militia of Canada, and is strej^r?" approved by the administration of the militia. In these ciroumstances it appears to the undersigned that section 8 should not be ■ ; t M NOVA SCOTIA LB0I8LATI0N allowed to remain in force, and he recommenda that inquiry be made of the Lieutenant Governor to ascertain whether hie goverment will undertake to hare this section re- pealed within the time limited for disallowance. Chapter 12, intituled ' An Act to amend chapter 4, Acts of 1903-4, entituled " An Act relating to Loan Corporations." ' The mana^iug director of the Birkbeck Investment and Savings Company, of Toronto, has wHtten to the Deputy Minister of Juatioe, objecting to certain provisions of this Act (.copy of his letter, dated 30th July last submitted herewith.) The undersized considers that the oljtxstions stated by Mr. Fitsgerald are of a serious chari^.-ter a£Fecting in some particulars the constitutionality of this Act, but before finally considering the matter he recommends that a copy of the letter be trans- mitted to the Lieutenant Qovemor for the consideration of his Government, so that he may submit in reply any observations which he may advise with regard to the com- plaint stated. The undersigned would especially like to know upon what grounds the advisors of the Lieutenant Governor justify the provision to take security from the assets of a company incorporated by parliament for the benefit of a special class of the share- holders of the company. Chapter 172, intituled 'An Act to consolidate and amend the Acts relating to " The Halifax Fire Insuranoe Company." ' By section 4 it is provided that the company ahall have power and authority within and without the province of Nova Scotia to make and effect contracts of insurance and reinsurance against loss or damage by fire or lightning to any house, dwelling, &c., and that it may establish agencies for th> t^ransaction of its business in such places as the directors may deem proper. These powers are in excess of provincial authority to grant. It is plain that a provincial legislature has no authority to incorporate a com- pany to carry on business outside of the province, and this Act should, therefore, ho amended by striking out the words ' and without the province of ' in the second line of the fourth section; otherwise, it will be the duty of the undersigned to recommend disallowance of this statute. The imdersigned recommends, therefore, that inquiry be made of the Lieutenant Governor as to whether this Act will be so amended within the time limited for dis- allowance. Chapter 173, intituled ' An Act to consolidate and amend the Acts relating to the Acadia Fire Insurance Company.' Power is conferred upon the company to carry on a general insurance business. Inasmuch as the legislature had authority only to incorporate for provincial purposes, the undersigned considers that the exercise of the powers of the company ought to be expressly linpted by the statute to the province of Nova Scotia, and he recommends for the consideration of the local government the propriety of securing such an amend- ment at the next session of the legislature. Similar observations apply to: Chapter 180, intituled ' An Act to incorporate the Canadian Beverages Company, Limited. Chapter 181, intituled 'An Act to incorporate the Empire Liniment Company, Limited.' Chapter 182, intituled ' An Act to incorporate " The M. E. Keefe Construction Company, Limited."' Chapter 183, intituled ' An Act to incorporate The John W. Lowe & Son, Limited.' Chapter 184, intituled ' An Act to incorporate the Sydney Mines Athletic and Driving Association.' Chapter 197, intituled ' An Act (•■> iiKi.r{Kirtitp The Amherst Co-operative Society, Limited.' ti EDWARD VII., 1»0< ^^_Chapter 198, intituled ' An Act to incorporate the British Canadian Co-operative Linii?i"^**' ^^' '"''*"'*^ ' ''^" ^"^ *° incorporate the Broiighton Co-operative Society, Liini^^^*"' ^^'^' '"^'*"'^ ' ^" ^^"^ '" incorporate the Glaec Bay Co-operative Society, Linii?^'^*^' ^^'^' '"*'*"'*''' ' ^"^ ''^"^ *" incoriwrate the Improved Dwellings Company, Each of these hist mentioned Acts should in the opinion of the undersigned be amended by specially limiting the business of the company to the province. The undersigned rec-ommeuds that a copy of this report, if approved, be transmitted to the Lieutenant Governor of Xova Scotia, for the information of his Government, and that the Lieutenant (Jovcr-.or be askcl to report as soon as possible as to the several Acts herein mentioiud which rotjuire further consideration of the under- signed. Hun'bly submitted, A. B. AYLESWORTH, Minister of Justice. Government Hoise, Halifax, N.S., September 17. 1907. The Under Secretary of State, Ottawa. Sib,— Referring to the report of the Committee of the Privy Council respecting the report dated 26th December, 1906, from the Minister of Justice upon the Acta of the Legislature of Nova Scotia passetl in the sixth year of His Majesty's reign, ap- proved by administration on the 28th May. 1907, I have the honour to inclose herewith a copy of a memorandum from the Attorney General of the province on this subject. I have the honour to be, sir. Your obedient servant, D. C. FRASER, Lieutenant Oovemor. Memohandum on the Report of the Minister of Justice as to Chapters 3, 8 12 172 173. 180, 181, 182, 1^3. 1S4, 107. 198, 199, 202 and 203 of the Acts of the Legisla- ture of Nova Scotia for the year 1906. The undersigned has had under consideration the Report of the Minister of Jus- tice to His Excellency the Governor Goiierrtl in Council, approved on the 20th da f May, 1907, referring to chapters 3, 8, 12, i;2. 173, 180, 181, 182, 183, 184, 197 ■< 199, 202 and 203 of the Acts of the Legislature of Nova Scotia for the year 1906, stat- ing certain objections to said chapters, and recommending that a copy of said report, if approved, should be transmitted to the Lieutenant Governor of Nova Scotia for the information of his Governinen% and that the Lieutenant Governor should be asked to report as soon as possible as to th? several Acts mentioned in said report. The undersigned begs resiiectfully to submit as follows: — 1. As to Chapter 3,_ intituled ' An Act to amend Chapter 100, R.S. 1900, " The Liquor License Act " '; in the opinion of the Minister of Justice, this enactment affects a subject which has been conipr' hensibly dealt with by parliament, and that in this view it is not improbably ultra vires, but he considers that this question may conven- iently be left to the determination of the courts. 2. As to Chapter 8, intituled 'An Act to amend Chapter 52, RS 1900 "The Education Act." ' • , c 1 '' ) T ;t i i i I, iV m NOVA BcxyriA legislation By section 8 of this Act it is provided that, ' The School Board of the city of Halifax may, by by-law to be approved by the Council of Public Instruction, fix a fee for the tuition of the children of the permanent militia forces, and such fees must bo paid before any such children have the right to attend the public schools in the city of Halifax.' The Minister of Justice states that this legislation seems to be an indirect attempt to levy contribution towards the schools of the city of Halifax, from the members of the militia foreeB, who necessarily must send their children to school there; that it •eems to be an unjust discrimination imposed upon the members of the forces in res- pect of their service in the militia of Canada, and is strongly disapproved by the administration of the militia, and he recommends that inquiry be made of the Lieu- tenant Governor to ascertain whether his government will undertake to have thia sec- tion repealed within the time granted for disallowance. The undersigned begs to state that during all the time a garrison was maintained in the city of Halifax by the Imperial Government, that Government, at its own ex- pense, furnished educational facilities to the children of the soldiers forming the garrison. When the duty and expense of maintaining a garrison at Halifax was as- sumed by the Government of Canada^ no provision was made for the education of children of the members of the permanent militia forces, though all the school build- ings used by the Imperial garrison are in the possession of the Militia Department, and these children are compelled to attend the public schools of the city of Halifax, thus imposing a considerable increase in the expenditure of the city for educational pur- poses. The undersigned considers, however, that this is a matter which should more pro- perly be taken up by the Board of School Commissioners of the city of Halifax and the Department of Militia of Canada, with a view to making a satisfactory arrange- ment. The undersigned begs to recommend the repeal of this section at the next Wflsion of the Legislature. 8. Ab to Chapter 12, intituled ' An Act to amend Chapter 4 of the Acts of 1908-4, entitled " An Act relating to Loan Corporations." ' The undersigned notes that the managing director of the Birkbeck Investment and Savings Company of Toronto has written to the Deputy Minister of Justice, ob- jecting to certain provisions of this Act, a copy of which letter has been submitted. The Minister of Justice considers that the objections stated in this letter are of a serious character, affecting -n some particulars the constitutionality of this Act, and would especially like to know upon what grounds the advisers of the Lieutenant Qov- emor justify the provision to take security over the assets of a company incorporated by parliament for the benefit of a special class of the shareholders of the company. The undersigned begs to submit that the Act in question has for its object the imposing of conditions upon the carrying on of business within this province by loan corporations incorporated without the province. It is submitted that it is within the power of the Legislature of the province to impose such conditions as it may deem advisable for the protection of the people of the province in dealing with such corpora- tions. The enactment in question, in so far as it relates to creditors of the loan cor- porations, does net seem to be objected to; the objection seems to be to the provision for securing the subscribers to or holders of shares in such loan corporations within this province. The undersigned is of opinion that the Legislature of the province has power to impoee this condition upon a loan corporation, though incorporated by the Parliament of Canada. He would recommend, however, that the section be amended at the next session of the Legislature by limiting the security to subscribers to or holders of term- inating or withdrawing shares in such loan corporations. 4. As to Chapter 172, intituled ' An Act to consolidate and amend the Acts relat- ing to " The Halifax Fire Insurance Company." ' The Minister of Justice states that by section 4 of this Act, it is provided that * EDWARD VII., I9M ^company shall have power and authority within and without the Province of Nova Scotia to make and effect oontracta of insurance and reinsurance efrainst low or damage by fire, &c. He is of opinion that the Provincial Legislature has no authority to incorporate a company to carry on business outside of the province, and this Act should therefore be amended by striking out the words, 'and without the province^ in the second line of the fourth section; otherwise it will be the duty of the Minister of Justice to recommend disallowance of this statute. The undersigned begs to submit that said Chapter 172 is a consolidation of pre- viously existing legislation ; that by its Act of incorporation passed before Confedera- tion (Chapter 91 of the Acts of 18.59, as amended by Chapter 70 of the Acts of 1860 and Chapter 26 of the Acts of 1864) this company was authorized to carry on business within and without the Province of Nova Scotia. If the conferring of such power is beyond the authority of the Legislature of the province since Confe.leration, it follows that it must be beyond the authority of the Legislature of the province to take such power away. The undersigned begs, however, to recommend that section 4 of said Chapter 172 be amended by striking out the words ' within and without the Province of Nova cicotia in lines one and two thereof. The undersigned begs also to refer to his observation on Chapter 173 • ''* .^^ F^^F.^^'J'^^' >°«t"led ' An Act to consolidate and amend the Acts relat- ing to The Acadia Fire Insurance Company." ' *i, J?*® ""^^^'^I?"^ ^ to state that he is unable to agree with the contention of the Minister of Justice, that the exercise of the powers of the company ought to be ex- pressly limited, by the statute creating it, to the Province of Nova Scotia. Suoh an express limitation would seriously interfere with the business of companies incor- porated by the Legislature of Nova Scotia. Business transactions without the province are necessarily incident to the carrying on of business by such companies within the province, and so long as other provinces and countries recognize the status of incor- porations created by the Provincial Legislature, he submits that there can be no objec- tion to the carrying on of such transactions. In the case of the insurance companies, he would refer to the provisions of section 4 of Chapter 34 of the Revised Statutes of Canada, 1906, where provision is made for the licensing of provincial fire insurance companies by the Governor General in Council, for the purpose of transacting the business of insurance throughout Canada. The undersigned desires also to repeat the observations made in the Report of the Attorney General of Nova Scotia upon Chapters 143 and 144 of the Acts of the Legis- lature of Nova Scotia for the year 1905, dated 24th April, 1906, and to submit that he IS unable at the present time to recommend such an amendment to Chapter 173 as is suggested by the Minister of Justice. 6. The undersigned begs to repeat the above observations regarding Chapter 173 as to the following Acts: — Chapter 180, intituled ' An Act to incorporate the Canadian Beverages Companv Limited.'; •" Chapter 181, intituled 'An Act to incorporate the Empire Liniment Companv Limited ; •" Chapter 182, intituled ' An Act to incorporate the M. E. Keefe Construction Com- pany, Limited'; Chapter 183, intituled ' An Act to incorporate the John W. Lowe & Son, Limited '• Chapter 184, intituled ' An Act to incorporate the Sydney Mines Athletic and Driving Association'; Chapter 197, intituled ' An Act to incorporate the Amherst Co-operative Society Limited'; 6i II NOVA SCOTtA LEGISLATION Chapter 198, intituled ' An Act to incorporate the Britiith Canadian Co-operative Society'; Chapter 199, intituled ' An Act to inctirporate the Broughtun Co-operative Society, Limited'; Chapter 202, intituled ' An Act t4> incorporate the (Uace Bay Co-operative Society, Limited,' and Chapter 203, intituled ' An Act to incorporate the Iniprovwl Dwellings Company, Limited,' and to state that he in unable to recoimnend the amendments to these chapters sug- geated by the Minister of Justice. Respectfully submitted, (Sgd.) WILLIAM T. PIPES, Attorney General. To His Honour tho Lieutenant Governor in Council. i ! . I (Approve! hy Order in Council of tnd October, 1907.) Department of Justice, Ottawa, 27th September, 1307. To His Excellency the Governor General in Council: There has been referred to the undersigned the despatch of the Lieutenant Gov- ernor of Nova Scotia of 17th instant, transmitting a copy of ii memorandum of the Attorney General of Nova Scotia with regard to the report of the undersigned upon the Nova Scotia legislation of 1906. approved by Your Excellency in Council on 28th of May last. Several of the Acta mentioned in the report of the undersigned and in the memorandum of the Attorney General of Nova Scotia seem in the circumstances to call for a further report. Chapter 8, intituled ' An Act to amend Chapter 52, Revised Statutes, 1900, "The Education Act."" The undersigned stated in his previous report that section 8 of this Act should not be allowed to remain in force, and he recommended that inquiry be made of the Lieutenant Governor to ascertain whether his Government would undertake to hnve this section repealed within the time limited for disallowance. The Attorney General, after discussing to some extent the propriety of this legislation, states that he considers that it is a matter which should be taken up by the Board of School Commisfrioners of the City of Halifax and the Department of Militia, with a view to making a satisfactory arrangement, and he adds ' the under- signed l)egs to recommend the repeal of this section at the next session of the legislature.' Inasmuih as the time for disallowance of this A>'t will expire on the 13th December next, and as there will probably be no sessiuii of the local legislature iti the meantime the mere recommendation of the Attorney General that section 8 should bo repealed at the next session of the legislature is scareely an adequate assur-re. If the advisers of the Lieutenant Governor are prepared to undertake that at tli- ' 't session a bill will be promoted by them and p.nssed by the legislatiire repc-alint ■. e said section, the undersig^ned .'onsiders that the Act may Ix" allowed to remain in • e meantime. In the absence, however, of a positive undertaking, the undersigned would deem it his duty t/i advise "the disallowance of the Act. The undersigned recommends that inquiry be made immediatel.v of the Lieutena.it Governor of Nova '^cotia to ascertain whether his Oovernnient would give surh assurance for the repeal of section 8 at the next session of the legislature. « EDWARD VII., 1»06 Chapter 12. intituW ' An Act to amtmJ Chapter 4. Acts of 19<»3-4, entitled "An Act relating to the I^an Corijorations.' " n- lI:*'!*'!" °''J^''*'""» J° <'»" A^-t were rui.ee Lieutenant Oovernor jUBtified the promion to take .security over tlir ass-t* „f „ company incorporated by parliament for the beneht of a ^r-vial cIhss of the .hnr.hol.h w of the .ompany. The Attorney (ieneral submits that the Act hn«. for its obje.-t the imiM.sing of conditions for the carrj-ing on of business within the pruviiu-o by lo.in corporations incorporated outside of the province, and that this i^ .•on.iKtcnt to the legislature He states, however, that he would recomniend that ' the section be anieiuled at the next session of the legislature by limiting the security to subscribers to or hohbra of terminating or withdrawable ;*harcs !„ su.-h loan corporations.' .Such an amendment would not lie satisfactory. It wou]otia. with a request for an immediate reply. Humbly submitted. A. B. AYLESWORTII, Minister of Justice. :h ill I/' I, », IV - NOV* ICOTIA UBOULATION Uautax, 7th November, 1907. But,— I have the honour to acknowledge receipt of jour deipatch of the S9th ult., reapectinc the further report of the Minister of Justice, dated the 97th Sep- tember, 1907, upon the statutes of Nova Scotia for 1906, which was approved by order of His Excellency in Council, dated the 2nd October, 1907, and in reply to inclose herewith a copy of an Order in Council, dated 5th November, 1907, respecting the same. I have the honour to be, sir. Your obedient servant, . D. C. FRA8ER. Lieutenant Oovemor, The Under Secretary of State. Ottawa, Ont. ExTBACT from a Report of the Executive Council for Nova Scotia, dated 6th Novem- her, 1907, approved by Hit Honour the Lieutenant Oovemor. The Council have had under consideration a report, dated 19th October, 1907, from the Attorney General respecting the further report of the Minister of Justice, dated 27th September, 1907, upon the statute* of Nova Scotia of 1906, approved by an Order of His Excellency the Governor General in Couaoil, dated 2nd October, 1907. The Council concur in the said report of the Attorney General and advise that the same be adopted. FRED. F. MATHERS, Clerk of the Executive Council. Hautaz, N.S., October 19th, 1907. To Hit Honour the Lieutenant Oovemor in Council: The undersigned begs to acknowledge receipt of an order of His Excellency the Governor General in Council, dated October 2nd, 1907, approving a report of the Minister of Justice, dated 27th September, 1907, upon the Nova Scotia legislation of 1906. The undersigned begs to report as follows: — Chapter 8, intituled ' An Act to amend Chapter 62, Revised Statutes, 1900, " The Education Act.' " The undersigned begs to recommend that the Lieutenant Governor in Council undertake that at the next session there will be promoted by them and passed by the legislature a Bill repealing Section 8 of said Act. Chapter 12, intituled ' An Act to amend Chapter 4, Acts of 1903-4, entitled "An Act relating to Loan Corporations."' The undersigned begs to repeat the observations made upon this Act in his pre- vious memorandum, and to state further that in his opinion holders of terminating or withdrawable shares in such loan corporations are really creditors and that the legisla- tion amended as proposed will be simply imposing conditions upon a Dominion or foreign corporation doing business within this province and for the purpose of pro- tecting the people of this province in dealing with such corporations: it in no way interferes with the constitution of such corporations or the relations existing between such corporations and their shareholders; it amounts to no more than requiring a Dominion or foreign insurance company to make a deposit for the protection of policy holders within the province. The undersigned is unable to recommend any further amendments to the Act in question than that recommended in his former memorandum. ChaptPT 172, intituled 'An Act to consolidate and amend the Acts relating to the "Halifax Fire Insurance Company.'" < IDWARD Vil., UM n The undenigned bcgt to recommend that tlw Lieutenant Oovernor in Council rv« • diMct undertaking that the wordu 'within and without th« Province of Nora Scotia, in Iinea 1 and 'i of iettiou 4 of this chapter, be repealed. He bpgg to i*peat, bowever, that theM words were in the Company'* Act of Incorporution. paued boforo Confederation, and to aubrait that if the luiri«iature has no power to n^-uact thcao word*, it has no power to repeal th«>ni. The undersigned recommends that a copy of this rpport if approved be forthwith transmitted to His Excellency the (Jovcrnor Oeneral. Kespectfuliy submitted, WILLIAM T. PIPES. Attorney General, (No action was taken by «ho Oovernor in Couiiti! upon ihc d««putch from the IxKjal Oovemment, dated the 7th November, 1907.) I i it f. KRV BRUNIWICK UtOiaLATION STEW smuirawzox. 4 EDWAID Vn., 1904. (Approvrd by Itnhr in Counril 10 November. 100!,.) Departuent of Ji sTice, Ottawa, 29th October, lOO-l. To Hit Excellency the Governor Oeneral in Council: The undersigned hut the honour to submit bis n port on the statute* of th« several proTincea, passed at the last session of the Icyislatures thereof (1904), as follows:— • # » » • • New Brunswick. 4 Edward VII.— received by the Se<-ret«rv of State on 20th June 1904. These statutes niny \n- left to their operation exwpt Chapter 72, intituled 'An Act to incorporate The Maritime Copper Company (Limited).' By which a company is incor|H.rute). Die,** Sm,— Rt.fcrriiiK uKuiii t.. your diHp«U-h of flii- I'titi uUnuu -. Itotli .laloiur.* VtM plo»-,Ml U-fore my council, and 1 ii"v biivr th.' liMinnr in m,\„~<' ihiir r.ply, wbiefa I trust will iw found Mtinfuctury. 1 havt> the honour i'> br. itlr, Vour oU-dii'iit wrviii 1, .1. It. SXOWHAI.I,. Li- iiIi'II'IhI liiivirnijf, Thi! IlonourtibUt, Tho Si -ntiiry of St«t«, Ottawa, Ont. FKKiiKHi«-ro\, N.H.. IMtniUr 7, 1904. ^"*' I ''«'■" tl*" honour to inform you il. it, as Acting Attorney G«twral 1 have had tfie •uhi.'ct mattrr of the c( mmunication -inblv un.i drawing attention to the fact that . chapter 72. intituled: 'An Act to incoriK.Mt,. Th« Moritin.c ('op|Hr Company. Limitfvemmcut has been in the habit of confer- ring upon companies incorporated for provincial objects power to hold property and do business outside the province. I understand that the Ontario Oovemment, and probably other provincial governments have followed the same course. If your view is correct, the charters of these companies would be invalid. Ton will, therefore, see that the question is one which it would be desirable to have settled. I would, suggest that the opinion of the Supreme Court be asked on the following questions : — 1. Is it competent for a provincial legislature to authorize a company, incorporated for provincial objects, to hold property and carry on business in other provinces of Canada or in other countries? 2. Is it competent for the legislature to authorize such company to hold meetings of shareholders or directors outuide the province? 3. Can the legislature provide that aliens may held stock in such company? I have the honour to be, sir. Your obedient serrant, (Sgd.) WILLIAM PUQSLEY, Attorney General of New Brunswick. !i Department or Justice, Ottawa, February 15th, 1905. Sm, — By directic I have the honour to acknowledge receipt of your letter of the 8th instant, with relation to chapter 72 and chapter 87 of the statutes of your province for the year 1904, and to state that the matters referred to therein will be duly con- sidered. I have the honour to be, sir. Tour obedient servant, E. L. NEWCOMBE, Deputy Minister of Justice. 'fhe Honourable WlLLUH PUOSLEY, K.C., Attorney Oeneral, St. John, N.B. I - S COWARD VII.. 190C NEW BRUNSWICK. 5 EDWASD Vn., 1905. (Approved by Order in CouncU February S. 1906.) Department or Justice, Ottawa, December 16, 1905. To Hi$ Excellency the Governor General in Council: The undereiffned has had under consideration the statutes of the Legislative Awembly of the Province of New Bn.nswick. passed in the fifth year of His Majesty's reign, 1905, and received by the Secretary of State for Canada on July 13th last, and he It of the opinion that theeo statutes may be left to such operation as they may have except Chapter 14, intituled ' An Act for the prevention of Fires in connection with sur- veys and construction of the National Transcontinental Railway, and other railways passing through Forest Lands in New Brunswick.' and Chapter 84, intituled 'An Act to amend the Act incorporating the "Maine and New Brunswick Electrical Power Company, Limited." ' Separate reports will be made upon these two statutes. The undersigned desires to add, with regard to chapter 7, ' An Act for the Protec- tion of persons employed in Factories,' that some of its provisions appear to be obiec- lonable as affecting the criminal law. Any such question may, however, be conveni- ently determined by the courts, and the undersigned does not. therefore, deem it neces- sary to consider these provisions further or to recommend disallowance. The undersigned recommends that a copy of this report, if approved, be trans- mitted to the Lieutenant Governor of New Brunswick, for the information of his Go'" have this Act rf |w>aled at the next session of the legislature, and he recommends that a copy of this reiwrt, if approved, be trans- mitted to the Lieutenant Governor of Xow Brunswick for the consideration of his government with a request that he inform Yotir Excellency'* Government whether the Act will bo so repealed within the time limited for disallowance. ITumbly submitted. C. FITZPATRICK, Minister of Justice. (Approved hti Order in CounrU S February, 1906.) nEPARTMKNT OF J t STICK, Ottawa. 18th December, 190.'>. To His Excellency lUe Governor General in Council: The undersigned has the honour to report that he has had under consideration Chapter 84 of the Acts of the Legislvtive Assembly of the Province of New Bruns- wick, 1905, intituled ' An Act to amend the Act incorporating the " Maine and New Brunswick Elec- trical Power Company, Limited."' By this statute it is ena<'ted that the compan.v. with the consent of the Legislature of the State of Maine may .sell and supply electricity in the said state, and for that purj»o8e accept the framiisps. powers and privilogea conferred upon it b.v an Act of the legislature of the said stafe annexed to this statute and marked Schedule A, and that the company may conwi'idato and w.*k its franchises with those granted as afore- said by the I>>gi8latnrp of Jf nine as one single enterprise ; also that its charter shall >>e rend ari Brtish North America Act, exclusively within the legislative authority of parliament. Before reeommendinK th*> disallowance of this Act. however, the underaigued considere that .t nhould U- -ulmiitted to th.- local govornn.er.t for any observations which they may desire to offer for the consideration of Your Excellency in Council or It may be that considering the invalidity of the Act the local government would 4M«re to repeal it. The undersigned reeomnieiMis that a copy of thi-* report, if approved, be trans- mitted to the Lieutenant flovemor of New Brunswick, for the conaideration ..f his government and such r»"ply as Iw may be advised. ITiimbly -lubmitted, C. FITZPATRICK, Minister of Jualire. „ „ ^ St. John, K.B^ January 29, 19 request that this Act be also disallowed. I have the honour to be. sir. Your obedient servant, HFGII H. Mf LEAN. (Approved by Ordfi- in Council of Mi-rrh lOlli. 1906). 1)KI'AHT.\IK\ ■ oK Jl STICK. Orrwv \, Febriiiiry l»5th. IftOf,. To Hit Excellency the O'niemor General in Counr,i : The undersigned hiw received a petition from the tinuid Falls Water Power and Boom Company, addrease-^l t.. Your Excellency in Council, which is submitted here- with, whereby tiw petitioiicr jirays for the disallowance ot eh;\pt<'r 17 of the statutea of New Brunswick, ]lt05. intituled: 'An Act to confirm the charter of the Grand Falls Power Company, Limited.* The undemigtii'd calls :iftention particiilnrly to two f.f the grounds mentioned by the petitioners, Hrst. that the effect of the Act is io authorize the expropriation of lands belonging to i.ie Dominion, or of leasehoM interest in such lands, and secondly, that the works authorized by the Act will obstruct or impede th.> navigation of the St.' John river. The undersigned recommends that n copy of this iietition !»■ transmitted to the Lieutenant Governor of New Brunswick, and that lie I.,- requested to inform Your Excellency's government, ns soon as conveniently ni.iy !«'. as to what the answer of his government is, particidarly with regard to the points siiecially herein mentioned. Humbly siilirnittefl. C. FITZPATRICK, Minixler of Jiistirr. Mn M m r< NEW BRUNSWICK LBQISLaTION p. 1 To the Oovemor Qenrral of Canmda in CouneU: The Petition of the Qnmi Falls Water Pow«r and Boom ComiMny. HoMBLT Shbwxth: 1. That by Chapter 77 of the Acts of the Dominion of Canada (58 mud 59 Vic- toria) passed on the tWMitjr-ficcond day of July, in the year of our Lord, ow thousand eight hundred and ninetyflve. Your petitioners werp incorporated and by the said Act were authorized to purchase and acquire lands and properties, and were therein authorised to carry on the works net out in said Act. It was, however, provided in said Act that the construction of the works therein mentioned shall be commenced within three years and completed within six years from the passing thereof; other- wise the powers granted under «aid Act shall be null and void as reapeets so much of the works as then remain uncjmpleted. 2. That by Chapter 99 of the Acts of the Dominion of Canada (1 E^ard VII.), passed on the twenty-third day of May, im the year of oor Lord one thousand nine htindred and one, your petitioners' company were yiven thw»«> more years within which to construct and complete its works. 3. That by Chapter 83 (1 Edward VH). ml the Arts of the Legislative Aaaembly of the Province of New Brunswick, passed on the third day of Af^l. in the year of our Lord one thousand nine hundred and one, atfter reciting that yowr petitioners, the Grand Falls Water Power and Boom Company were incMyorated by the Parlianent of the Dominion of Canada (,W and .W Victorw. Chap***- 77), it was enact^ that your petitioners' company should have nil the powers inci- by the British North America Act, the said Act, being Chapter 17. 5 Ed- ward VIL, intitled ' An Act to confirm the cbart.-r of the Grand Falls Power Com- pany, Limited,' may !^ disallowed or such of the provisions thereof as autliorize works which will interfere with the navigation of the River Saint John or allow tli. .xpro- pnation of land owned by Hi? .Majesty the King as represented by the Minister of the laterior or other property owned by your petitioners. And your petitio«ers ever pray. t: m \ if" THE ORAND FALI^ WATER POWER AND BOOM COMPAXY. By HcoH H. M< IjiAN. Vic*-Prm9%deni. . m NBW BRUVBWICK LEOI8LATION Department or Justice, Ottawa, April 18, 100«. SiK,— Kcfurriinf to the petition which you presented for disallowance of an Act of New Brunswick of the session of 1905, intituled ' An Act to confirm the charter of the Grand Falls Power Company,' I beg to inclose, for your consideration and observa- tions which you desire to make thereon, a copy of the report of the Attorney General of New Brunswick upon the petition. I have the honour to be, air. Your obedient servant, K. L. NKVVCOMBE. Deputy Minister of Justice. H. H. McLean, Esq., K.C., St. John, N.B. Government House, Fredebicton, N.B., April 14, 1006. Sib, — I beg to transmit for the consideration and information of His Excellency the Governor General in Council, duly certified copies of Orders in Council pasi^ by my Minister in relation to the following matters, viz., ' An Act to confirm the Charter of the Grand Falls Power Company, Limited,' ' An Act to amend the Act in- corporating the Maine and New Brunswick Electrical Power Company, Limited,' and 'An Act for the Prevention of Fires in connection with surveys and construction of the National Transcontinental Ilailway and other railways passing through forest lands in New Brunswick.' I have the honour to be. sir. Your obedient servant, J. B. SNOWBALL, Lieutenant-Oovemor. To the Honourable The Secretary of State. MEMOKANDUM AND REPORT OF THE AITORNEY GENERAL FOR THE INFORMATION OF THE COMMITTEE OF THE EXECUTIVE COUNCIL. The Attorney General reports that he has had under consideration an extract from a r^wrt of the Committee of the Privy Council of Canada, approved by His Exoellency the Governor General on the Third January, 1906, together with a report of tlie Honour- able the Minister of Justice upon chapter 14 of the Acta of the Legislative Assembly of the Province of Xr-w Brunswick, 1JK)6, intituled ' An Act for the prevention of fires in connection with s.«rveys and construction of the National Transcontinental Railway and other ruiiwuyH pasfiing through foresst lands in New Brunswick.' The Minister calls attention to the provisions of the Act, authorizing the Lieu- tenant Oovernov in Council to employ forest tire wardens in connection with the sur- veying of the National Transcontinental Railway through the Province of New Bruns- wick, who shall accompany each of the survey and construction parties, and to the fur- ther provision niiiking it the duty of the head of each survey iwirtj and the various contractors and foremen and other persons engaged in construction to afford all pos- sHilo facilitieH niul iissisfiince to the jhtsou so appointed by the Lieutenant Governor in Council for the prevention of fires, and also providing that the wages and expcni^es of these forest tiro wardens, while so employer], shall In' pniil by the heads of the sur- vey partit'S and the contractors in manner provided iiy the Act, The Minister states that these provisions are, in his opinion, ultra vlrrs of the Legislature, and exprceses the hope that the Provincial Government, upon roconsidcrn- tion of tlie matter, will undertake to hove said Act repealed at the then next session of the legislature. S EDWARD VII., IMC a The Attorney Qeneral is not prepared to admit that it ia beyond the competency «f the Provincial Legislature to make such provision as it deems necessary for the protection of the Public Domain from destruction or injury through fires which might result from the negligence of surveyors or rontractors, even clthongh they might b« employed by the Dominion Oovemroent and engaged in the construction of Dominion work ; but in view of the fact that an amicable arrangement has been come to between the Provincial Government and the Minister of Railways and Canals for the employ- ment of forest firo wardens, to be appointed by the Provincial Oovernmcnt, their wages to be paid by the Deportment of Railways and Canals, the Attorney General was of opinion that it would be desirable in the public interest to repeal the said Act, and the Provincial Government having acquiesced in this view, tho said Act was re- pealed at the lust session of the legislature, and another enactment passed bearing upon the subject, but not containing any of the provisions to which exception has been taken by the Minister of Justice. The Attorney General recommends that a copy of this report, if approved, be transmitted to th«' Honourable the Secretary of State for the information of Hit Excellency the Governor General in Couneil. The Committee of Council concurring in the report of the Attorney General, recommend its adoption. J. B. SNOWBALL, Lieutenant Oovemor, Certified: Passed April 14th, 1906. JOS. HOWE DICKSON. Clerk of the Exi^cutive Council of N.B. Memorandum and report, of the Attorney Qeneral for the information of the Com- mittee of the Executive Council. The Attorney Qeneral reports that he has had under consideration an extract from a report of the Committee of the Privy Council of Canada, approved by His Excel- lency the Governor General on the tenth March, 1906, together with a copy of a peti- tion of The Grand Falls Water Power and Boom Company, praying that the Act, 6 Edward VIT., Chapter 17, passed by the Legislature of the Province of New Bruns- wick, intituled 'An Act to confirm the Charter of the Grand Falls Power Company, Limited,' may he disallowed, or (quoting from the petition) ' such of the provisions thereof as authorize works which will interfere with the navigation of the River Saint John, or allow the expropriation of land owned by His Majesty the King as represented by the Minister of the Interior, or other property owned by the petitioners.' The Attorney General observes that the Honourable the Minister of Justice desires to call attention particularly to two of the grounds mentioned by the peti- tioners: — First, that the effect of the Act is to authorize the expropriation of lands belonging to the Dominion, or of a leasehold interest in such lands; and secondly, that the works authorized by the Act will obstruct or impede the navigation of the Saint John River. The Government of New Brunswick is desired, as soon as conven- iently may be, to inform His Excellency's Government as to what the answer of the New Brunswick Government is to the said petition, particularly with regard to the points above specially referred to. As the question of the right of the Provincial Legislature to pass the Act referred to is one of very g^eat importance from the standpoint of provincial rights, and alao by reason of the fact that if the Act should be disallowed the effect might be, and in all probability would be, to delay, is not altogether to defeat the carrying on of an enterprise of the greatest possible importonee to the province, it seems desirable that the attention of His Excellency in Council should be called in somewhat minute detail to the facts bearing upon the subject. In the first place it seems to the Attorney General rather remorkoble thot the ob- jection to the competency of the provincial legislature to pass the Act objected to 6 -mi* 11 NBW BRUNSWICK LIOISLATION i < lAould be niied by the Qrtnd FiilU Wtter Power and Boom Compwiy, which, after beinc inoorporated by the Dominion parliament in the year 1806, upwarda of ten yean ago, were ao doubtful aa to the authority of the Dominion parliament to »*ant to the company the deaired powers, that they came to the New Brunswick legiakture, aa Dtated in the petition, in the year 1901, and obtained ^pslatiTo authority to construct the works mentioned in and purporting to be authorized by the Dominion charter. The legislature of New Brunswick had aa much power to pasa the Act 5 Edward VII., chapter 17, as it had to pass the Act 1 Edward VII., chapter 88 relating to the peti- tioner. NotuithfttandinjT that the petitioners received legiiilative authority from botli the Dominion and the Provincial legislatures, and it was made by the latter a condition of their charter that the company should bono fide commence work and expend the sum of at least $160,000 before the first of March. A.D. 1903, the company utterly failed to comply with such condition, and, not having commenced the construction of the authorized works, their powers have lapsed. It is clear to the Attorney (Jeneral that the proposed works being purely of a local character, the Provincial Legislature is the proper legislative body, and indeed, the only legislative body empowered to grant the charter. Even if the works would in any way obstruct or impede tht uavigation of the Saint .John river, which is denied, the Act to which exception is taken, by section 2, makes ampl<^ provision for preserving the navigation by provid'.ng that the company shall file a plan of its proposed works and n description of the proposed site with the Minister of Public Works of Canada, and obtain the approval of the Governor in Council of uch site and plans, pursuant to the pro- visions of Chapter 93 of the Bevised Statutes of Canada and any Act or Acts in amendment thereof. But it is a misstatement of fact to say that the proposed works will obstruct or impede the navigation of the St. John river. That river is not navig- able except for small boats above Woodstock, which is about 74 miles below the Grand falls. These faL's are of a height of about 74 feet, with a further descent in the rapids of the gorge of 46 feet, and form an absolute obstruction to navigation. Above the falls the only purposes of navigation to which the river is put are for the floating of logs down the river and by using it for canoes, row-boats, batteaux and the like. It will be observed that the letters patent provide, as will be seen on page 109 of the printed Acts, that nothing therein contained shall permit of any power being exer- cised in such a way as to interfere with the driving of logs, lumber and timber in the river, and provision is made for notice of the proposed works being given to the Madawaska Log Driving Company and the St. John River Log Driving Company, and for the approval of plans by ti»e Chief Commissioner of Public Works. In section 14 of the petition it is alleged that by Article 3 of the Ashburton Treaty it is provided that the navigation of the St John river shall be free and ^pen to both partiea, and shall in no way be obstructed by either; that all the products of the forest, logs, lumber, timber, boards, staves or shingles grown on land in the State of Maine watered by the River St John or its tributaries, shall have free access to and through the said river to the seaport at the mouth of the said River St. John. In considering this section, it must be observed that the language of the first portion ia used in the treaty as applicable to that portion of the river where it forms the boundary between the State of Maine and the Province of Ivew Brunswick, whereas the river at Grand falls is wholly within the province. The remainder of tho clause is intended to provide that no customs duties shall be exacted upon products of tlio State of Maine passing down the river. The Ashburton Treaty, therefore, has ko bearing upon the subject, although the provincial government recognises that it would not be in the public interest to authorize — and it would not be a party to authorizing — any works which would obstruct the navigation of the river and prevent the free passage of lumber down the same. Having reference to the objection raised by the petitioners that the effect of the Act is to authorize the expropriation of lands belonging to the Dominion, or a lease- S BOWARD VII., IIN H fen J"IrK !L*'"tr'"'''' ■•'" ^".°"^ ^"*"' '^P"'*- *»»» <»>« Dominion land, r^ .ni. tS ' 1'- "^ °P""o« «/ »»>« conip.uy. bo necewary to occupy any of theM i^ not S^fr'f ""• ''°'^r'.'l"«' »«' -"' to be of importance. Scaui the iS (loet not profess to give authority to cxpropriato tho property of the Crown and it tfo^n * th' Crown „ not intende.! to be included in any Act unlew men- t.oned m exprew word,, ami. therefore, it will be ««,ume.l that in giving auth^rirjo rropriate lands belonging to the Dominion government. If the posHibilUv that the xTe?r:t'?f ^kT'^^v!?.'''; ?""^! "" '"^ ^•""'"'»" ^-•' sufRciLrto p,;lent „ p,i «ve the nlwe'r^o"? "'*' •"/". "^'/o.^^t "K-orporHting a railway company whS. U kLm I'^r Jl '''u''"''*' u-v*^* ^°/ ''' "•'*•* "^ *«>■• "tation ground,. Ac. would .^«^ • ^r t ^"«^>v.PO»'"»>'l't.v the company might find it deniraWe to „«e for such right of way or station grounds land which belonged to the Dominion of the r,SLn«Y„ni'* "Vi!!! 1° ■'" u"'"*^"? '" ^^" ^"°* ^''■t the lease of a p<.rtion rJslv flTf ^^^T^ f !" '•'u P*'**'°" ^"* "•""'"'^ »»y t»'« petitioners ex- 1 rMsly for the purpose of developing the water-power at Grand falls, nnd upon tlie IT^^T^^r't' th« Attorney General is informed, by the petitioners to tlu- Gov- ernment that such »ork. would be undertaken by the petitioners; so that the position i.l . « ^"f ",W •"'*'"*"^" ""'^ "^"''y *" P'0<*«1 with the work in which they by otheri. who. by the deposit of 160.000 with the Receiver General to be forfeited in ease the works are not undertaken and carried to completion, and otherw^ have give! evidence of their 6ona/t4 Qtntnl for ike Information of tht Com- mute* of the Executive Council. Th« Attonivy General ha* under consideration an extrwi'f from a report of tho Committee of the Privy Comwil of Canada, approved by His i;»c-ellency the Ooveraor Gaaeral on tlie 8rd February, UKW. t««etber with a report of the Honourable the Min- ittar of Justice, with reapect to chapter 84 n which it has created to exnrcise in another stuto or provin e such franchises, powers and privileges n- may U- conferred upon it \i\ tho IcKisiative authority of such state or province, and submits that strong reasons could be urged against the view taken by the Minister of Justice. As, however, the company, after a conference between its representatives and the minister, thought it better to have tli*^ feature* of the Act to which he took exception eliminated, this viow waa acquiesced in at ?li' last session of the legislature, and the Act referred to waa repealed, and a new statute passed not oon- tnining the provinioii* to which exception was taken by the minister. The Attorney General recommends that a copy of this report, if approved, be tranamitted to tho Honourable the Secretary of State for the information of His Excellency the Govt mor General in Council. The Committee of Council, concurring in tlio said report, recommends its adoption. J. B. SNOWBALL, Lieutenant Oovemor. Certified : Passed April 14th. 1906. Joseph Howe Dioxsov, Clerk of the Executive Council of N.B. St. John, N.B„ May 26th, 1906. , . The lion. The Minister of Justice, Ottawa. Sib, — I regret that my absence in England prevented my replying to the answer of the Attorney General of the Province of New Brunswick re Petition presented by the Qrand Falls Water Power and Boom Company asking for the disallowance of an Act paased by the L.-'gislature of New Brunswick, intituled • An Act to Confirm the Charter of the Qrand Falls Power Company.' Enclosed I send you the reply of the Grand Falls Water Power and Boom Company to the answer made by the Attorney General. I trust that on considering thia matter that the Legislature of New Brunswick will be compelled to alter the Act so far as it interfere* with the navigation o^ the River Saint John and the destroying of property owned by the Dominion Government. The statement made by the learned Attorney General that the navigation of the River St. John will not be interfered with by the works proposed is, in my opinion, absurd. However, as that is a disputed question of fact, reference to the Engineer of the Department of Public Worka would settle that matter. The statement that because steamers are not operated above the Grand Falls doea not make the river an unnavigable river. The Attorney General ad.r ts that it is navigable for boats and for the floating of logs and lumber, and aa st ' . ut in our reply a condition of the Ashburton Treaty is that the river ahall be kept free and clear of I KOWARD VII . Itol obitruotioni ant open for imvigation w that logt uii.l lumber cut io the State of MuiiM I have the honour to In', tiir, Your obedient m rvaut, HUGH H. MoLEAN. Re pttiiion prtitnted hy the Grand Fall, Wnlr,- p„„:r »n,l Boom Company to tk* Uonourable the Minuter of Juttice. prtiyimj for the disalhuunre of an Ael paiud by the Lipmhture of „ew liruntwUk- at the Se*$ii,n JiXjo. intituled: 'An Art to Confirm ih.- Charter of the Grand FalU Power Company.' Reply of the llrand FaHe Water Power and Boom Compn,,,, to the answer modi b tht Attorney Qtntral of tht Pr« ^y ^ l«>n»«l Attorney General ia that our company SS . Ju tr" "^J*^**"? *« *^ competency of the provincial legislature as we had ffi.J!^ k" ,^ew Brunswick legialature in the year 1901 for an Act to confirm the Aai paaied by the Dominion parliament in the year 1808. incorporating our company. il!L^' f '""**" **" **"• "K"""*"*' ^^^ »>y "PPJyinir to the Dominion parliament to noorporate our company we recognized then that it alone had the power. We deny that m our application to the New Brunswick legUlature for an Act to confirm the Act passed by the Dominion parliament we recognized the powers of the New Brui «- wick legialaturj to grant to our company the powers given by the Dominion parlia- ?!? u "®.*"y' °^ ;ne contrary, that the New Brunswick legislature by passing the Act they did recognued the authority of the Dominion parliament to incorporate our company, and that it was necessary for v^ to go to the Dominion parliament and Ket an Act to give us the powers set out in our Act of Incorporation. The reason we w-nt •urSd" • "'■""■^'<^'' legislature was so there would be no question raised as regards 8. Another objeotio,, made by the learned Attorney General is that our compnny V '1«'»"8 e»PentJ«fl one hundred and fifty thousand dollars before tho fiiat day of March, 1898. the powers given by the Act of Incorp.. ration have lapsed. In reply we say that section 10 of uur Act of Incorporation provides that the powers granted to us Shall be null and void as respects so much of the said works as then remain uncom- pleted. Our powers to hold lands and property and to do other things provided for S "nditure "* ** '" '""* ""'' *"* °°* t^ffected by the failure to make said 8. I" reply to the third answer made by the learned Attorney General that even if the works of The Grand Falls Power Company, incorporated by tho New Bruns- wick k.gi8l -ure as aforesaid do obstruct or impede the navigation of the Saint John • Mr. amp . provision for prc^ierving the navigation is provided bv re BOWARD VII.. 1906 17 navigation of the Saint John mer iihaU be free and open to both parties and ahaU in no way be obatnioted by either, and that all the logs, &c.. grown on lands in the atate ♦C T".^ "^ ^^ *** ^'*'' ^"'°* •^°''° «' >*« tributaries shall have free access through the said river to the seaport at the mouth of the River Saint John It is only necessary to cite this subsection to fully answer the argument of the learned Attorney General on that point. th.ttJf^^*'^ '"I''*! T^ 5^ ^^ ^^'""^ Attorney General to our petition, namely, that the Dominion ands leased to our company are upon the opposite side of the river from where the works of the Grand Falls Power Company are sUuate. -nd that U JSl not be necessary to expropriate these lands might be Tgood one if our °ani we'rl not in^ 7w^^-*^».~''*^'""''"°" °* ^^' ^°'J« P'°P°«J by the said aT wl S^ w^l'***"*^ "U^l^^u'^^A ""'i "' "°^ '^^"^ ''"'J "*»*« that the co^?ructSi of the works proposed by The Grand Falls Power Company, and which they are authorued to execute under the Act of the local legidature'woy^endlr valuSS o"r leasehold property We attach hereto a copy of the plan of the lands under Sle to It will be noticed by camming the plan attached that the construction of the woriu • r"^ ""' "*^**' f "P"'"'' °^°^" *° ^« ""^ o^ the water of the river for ^™ °f «ther purposes and absolutely destroy our rights as riparian proprietors. The T^/™lifl ^ ". ^^-^^ 'f a copy ox the plan attached to the lease of the lands. The part coloured red ,s the land leased to our -ompany by the Minister of the InterioJ It 18 not enough for the learned Attorney General to say that The Grand Falls Fowe^ SaS ?i? °°! >'>te''.™„T ^^r^rL^T^f 'J! ^^*'' ^l ^ ^'^ *" ' '»°'*P«« to ^ «ecuted. which mortgage shall be a first charge on the property. Therefore, if our company an^ '.I if J' rll I 88 NSW BRUNSWICK LEOIBLATION i awarded damages in excess of the amount deposited with the lieutenant governor there will be practically no remedy to recover same. We say that it is unusual that a private company should have the right to take immediate possession of lands and that no adequate provision is made for the payment of such damages as may be assessed under the terms of the Act The usual clause is that the amount of damages as assessed shall be a lien on the property until paid. In tliis case there is no such lien given on the property and the mortgage which will be made and executed would cover the property ahead of our cleim. We, The Grand Falls Water Power and Boom Company, again request that the prayer of the petition of our company shall be granted and that the Act passed by the Legislature of the Province of New Brunswidc at its last session being Chapter 17 of 6 Edward VII., intituled ' An Act to Confirm the Charter of The Grand Falls Power Company, Limited, may be disallowed, or such cf the provisions thereof as authorized works which will interfere with the navigation of the River Saint John or that allow the expropriation of lands owned by His Majesty the King, as represented by the Minister of tho Interior, or that would seriously damage lands held by your, petitioner under lease from the Minister of the Interior be disallowed. Bespectf ully submitted, THE GRAND FAIXS WATER POWER A^^D BOOM COMPANY, By Hugh H. McLean, Vice-President. - t- '6 t ii (Approved by Order in Council of 7 July, 1906.) Department of Justice, Ottawa, 5th June, 1906. To Hit Excellency the Oovemor General in Council: The undersigned, referring to the detipatch of the Lieutenant Governor of New Brunswick, dated 14th April last, transmitting certified copies of Orders in Council in relation to the following statutes cf the Legislative Assembly of New Brunswick, 1906, viz.:— Chapter 14, intituled : ' An Act for the prevention of Fires in connection with sur- veys and construction of the National Transcontinental Railway and other railways passing through lE'orest Lands in New Brunswick " ; Chapter 17, intituled: 'An Act to confirm the charter of the Grand Palls Power Company, Limited' ; and Chapter 84, intituled : ' An Act to amend the Act incorporating the Maine and New Brunswick Electrical Power Company, Limited,' observes that chapters 14 and 84 having been repealed, no further action devolves upon Your Excellency. As to chapter 17, it was stated in Mr. Fitzpatrick's report of 16th December list, subsequently approved by Your Excellency, that thi' Act, among others, might be left to such operation as it might have. After that report was approved, however, a peti- tion was received from the Grand Falls Water Power and Boom Company praying for reasons stated therein, tho disallowance of this Act. By Order in Council of 10th March last attention was drawn particularly two of the grounds mentioned by the petitioners, viz. : that the effect of the Act is to auth- orize the expropriation of lands belonging to the Dominion or a leasehold interest in such lands, and that the works authorized by the Act would obstruct or impede the navigation of the St. John river, and by the said Order in Council, copy of the peti- tion was directed to be transmitted to the Lieutenant Governor of New Brunswick for the answer of the government. Communication was accordingly had with the Lieutenant Governor, and he trans- mitted by the said despatch of 14th April copy of a memorandum and report of the Attorney General of New Brunswick, approved by the Lieutenant Governor, in reply- to the said petition. B BDWARD VII., IMS 89 i Copy of said memorandum and report having been transmitted to the netu company a memorandum in reply ha. been received from the compaS «wiiJ«t »«S^""*°*^^"*""'^"]'l~°"''''"^ *^« ^°t ^^ question, and whp* is alW-^? with the drivinVof km umb^r «nHT- K "^ f^""''"*^ "* '""'' " ^"^ "« *» i'^terfe'e of the complny^s planf ofTrto^H n°l • ' * *^' "•'"'' "°^ *"* "^"^'^^ "^ submission ing ComZv and Z qJ P;°P««^. 'O'^s is to be g-'ven to the Madawaska Log Driv- wiSSe prac K su^hTs^^ij^lf ^}f'lt'^' ^*""' E««"«°°y co«W consistently there is no intentbn to i^rncil ■ The Petition of The Merchants Bank of Canada, humbly complaining, ( M n« J Sheweth as followm: ei«hty-nine^he toiroVfil™ ^'^'^ ^"^ A '^"'^' °"« '»>»"^«°d «'«ht hundred and the dulS therSf * *" '°**'^* °" *^* "'^ ^""^^^^ «* the legal rate from (2.) On and prior to the aaid fifth day of March A D 188fl tk<. ♦„»„ * i^ wa» va insolvent circunwtannM «^a ^ • .^"'^*'"' •*;^- i»o». the town of Emerson Government of U.eXwn^^Ma„it^^"''°T ^»** l**". ^"1^ aPPomted by the the town of Wert I^nTr„H .iv^ fi w^ investigate the affairs of the town and of .ionera^irtediaTSie 'amount of L^^^ S!^'"l* "^"'^^'^ **» '""i «»n^i«- «ked to ^ was lie?lT one hund,i'lTi''^lf^ '''V'l*^ *"'''" °^"^*» ^"'1^ »>• one dollaTind ninetyTe Its (Jl^S ' *^°""°'^' ^'^^ ^"""^ '"^ *»^"y- toba posKd in the 47th v««rTf iiT, • ^^^^ */ <>* t^^e Revised Statutes of Mani- Vro.i^r^oZlXr\Zi^^SZ^L^\l'''^ ^'^i^t Q"**'^ Victoria, which West Ifl^e Mone tev/nThe!£iZ , °^ ^^W"" "^ ^'"*^'' "<^ **>« t°»n of tinguiAing the old d^Tlnd fuXrij?^!^7 of Emerson, with the object of ex- ... * J *'t^ time of the passage of Ch«p(er 47, 62 Victori. ih. t™» «« n .«e, and object to lis leei,l.,i„„ h,„i„ Zm-du\ui\TtLlLt^. Ttl" ..ndor the uid Aoi; .™ tT'^'c^ A. JLS , .f T""", S' "^ "«'>"">' """"S ■nent n.ci« the rem of M OM Sf ..1 1 f ^J *" ?" ?' ^"»™'» «» «^ Oowm- 1 rV i •i 'I *i5 Jl % : I -i) 1 :^ '■ 1 il ; - n MAmrOBA LBOIIt.ATION (7.) Belying upon the terms and conditions of the said Act being carried out in good faith, your petitioners accepted debentures to the amount of fourteen thousand, seven hundred dollars ($14,700) forming part of the issue of one hundred and five thousand doUan ($106,000) aforesaid in extinguishment of their said judgmmt, and your petitioners hare since acquired further debentures, part of the issue aforesaid, to the amount of seven thousand and fifty dollars ($7.0S0), making the total deben- ture inue of twenty-one thousand seven hundred and fifty dollars ($21,rtO> now and for some years past held by your petitioners. (8.) Since the investigation by the commissioners as aforesaid the town of Emer- son hac greatly improved its position. It has shared in the general prosperity of the Northwest, has increased in population, and property therein has increased in value, and the town is in a much better position to pay its indebtedness than it was on and prior to the fifth day of March aforesaid when the said investigation was made, as hereinbefore set forth. (9.) The Legislature of the Province of Manitoba has recently passed an Act respecting the town of Emerson, being Chapter 14 of 4 Edward VII., a certified copy of which Act is annexed to this petition, which forfeits the interest of your petitioners and all other holders of said bonds in said bridge, and provides that the title to the said bridge shall vest absolutely in the Ocvernment of the Province of Manitoba as payment for certain moneys advanced and to be advanced by way of interest on the debentures hereinbefore referred to, thereby defeating and forfeiting the security of yonr petitioners and other holders of the said bonds in respect of the said bridge, and forfeiting the agreement under which the said bonds were accepted by your petitioners and their security by way of judgment surrendered. (10.) The said Act provides that (section 1) : ' there shall be appropriated from and applied out of any trust fimds of the province such sum or sums as shall be suffi- cient to pay one-third of the amount of principal or face value of each of the deben- tures of the town of Emerson for one hundred and five thousand dollars issued as aforesaid,' and that (section' 17) : ' with respect to any debentures forming part of the one hundred and five thousand dollar issue aforesaid which may be outstanding at the time of the maturity thereof and which may not be purchased under the proviaions of this Act, it is hereby declared that all claims for the amount of such debentures re - pectively, together with interest thereafter to accrue thereon, shall be postponed and be made subject to and subsequent to the claim of the province for moneys advan" d as aforesaid so long as any portion of the whole amount advanced by the pre i- together with interest thereon, shall remain unpaid and unsatisfied, and it shall .; lawful at any time during such period for any proceedings to be instituted oi i^ against the town or school board, or the trustees of the school district, or the r of the said town, or against any officer or employee of the said school board or the . council, by any holder of the said debentures, or any part thereof, for the collection of either the principal of the said debentures or the interest thereon or for enforcing in any other manner whatsoever the claims of the said holders of said debeituics ugainst the property or revenues of said town or school district; and it shall not be lawful while the province of Manitoba is a creditor of the said town for a sheriff or bailiff or any other officer to make any levy upon the property of the said town or of the school board for the said district at the instance of any unsatisfied debenture holder of said town or any other person or persons, corporation or corporations whatsoever and whom- soever.* (11.) Your petitioners attended before the Committee of the Legislature of the Province of Manitoba when the said Bill was under consideration, and by counsel troteeted against the passage of the said Act, and urged that said Act, if pajfed, would operate as a forfeiture of your petitioners' rights, and would be prejudicial to your petitioners as holders of the debentures as aforesaid, and was an unwarranted inter- ference with the bridge security then held by the Government of the Province of Mani- toba in trust for your petitioners and other debenture holders. i BDWARD VII., 1^ «wL?rihS"~S,';;'h' •"•/I"''!'" "i'l AC not only »„tl„.te, ,,„, p„i. Your petitioners therefore pray : pur..tot to th. p,„vi.io„. of tto B,i,i.h North .w"c. A« ^ ^ "• And your petitioners will ever pray. For THE MEKCHANTS BANK OF CANADA L.8. ;i (Approved by Order in Council of the J,lh March, mi.) Depabtment of Justick, Ottawa, 23rd February, 1904. To HtB Excellency the Governor General in CouricU: li fhTrFe^^rt.lm^ "^^"""-^ °^ *^^ ^'-^- «^ Manitob^TnSssttr;: The undersigned recommends that a copy of this petition, and of this renort if iTo\'^;.a^ioTTi"'' '" *'' ^""*^"''°* «''^^"''" of Ma„it;ba wUh a requ^t fo the observations of his government upon the allegations and prayer of the petition Upon receiving the ^ply of the Lieutenant Governor the matte? should be refSd to the undersigned for further consideration. reierrea to Humbly submitted, C. FITZPATRICK, Minister of Justice. HoLSE OF Commons, Ottawa, March 21, 1904. The Department of Justice. SiHS,-Herewith I inclose a letter from Mr. McGillivray, of Whitby. In this communieation he very clearly state, his case, so I will add nothing to what he siv merejr asking you to return the letter when vou reply to me r^I^n""*^ disclosed seem very well to warrant interference on the part of the f edera Qovarnment, and I trust the veto will be exercised if you conclude tLat Jhis is a case in which it may constitutionally be so. Yours truly, ANDREW T. THOMPSON. i ■ n MANrrOBA LmiSLATION Lieut-Col. TBOMPaoK HouM of Commonf, Ottawa, Ont. Whitbt, Caxaoa, Marcl) 18, 1004. ■ 1 »* I i! ! P 1 111 11 Rt Emtnon Bondt. Dear Colonel, — Not haviutr heard from you since I last wrote and beinff charit- ably diapoaed, I conclude that you are very busy. I promited to get you a little more data re Emerson bonds. .'Tow, listen to my tale of woe. 1. My father-iit-law, the late John MacLaren, of WaketieM, Quebec, died, leaving two of his brothers executors of his will. 2. The said executors undr-r the provisions of Manitoba Statutes, 42 Victoria, Chapter 3, and a by-law of t)w> town of Emerson, intituled : ' A by-law to raise $36,000 to be expended in the couHtruction of an ordinary tra£Bc and passenger bridge across the Red river at Emerson, and to authorize the issuing of debentures of the town of Emerson therefor,' purchased thirty-five debentures of the town of Emerson at $1,000 each, and by virtue of another by-law, intihiled: ' A by-law to raise by way of loan the •um of $8,000 to bo expended in payment of the purchase money for tho steam fire- engine heretofore purchased by the council, and to authorize the i^tsuing of debentures of the town of Emerson therefor,' the said executors purchased eight debentures of the town of Emerson for the sum of $1,000 each, making together a piirchase of $43,000 of debentur-" of the town of Emerson. 3. At the time of the purchase of the debentures above mentioned, the town of Emerson had no indebtedness other than that represented by said debentures, and the executors considered that their security was perfectly ample and satisfactory. (They evidently did not consider the unexpected possibility of the local government taking them by the throat as they afterwards did.) 4. After the purcha.» »«« disallowan^ of ll ? respecting the town of Emerson passed at the last session of the Legislature of this LrSe^li^f request of His Excellency to be furnished with J:?obso^^tions o? -our Government upon the allepations and prayer oi the said petition ♦.«« 7i ''»«^«1''«^« «>n8idered the several allegations contained in the said peti- 1. The allegations of fact set forth in and by the said petition are not such as call for or would justify His Excellency in Council in exercising the power of diillow- 2. Th« said matters dealt with in and by the said Act are of a merely loeal ot ■ H 1 ■M MANITOBA UBOISLATION' r • privaU nature in the province, end within tho oxolutive power of the Legitletive A«- eembly to eneet under the proviiiont of ' Tlio British North America Act, 1867.' 8. The ditallowanc*] of th« aaid Act would b« a direct uiurpation of the well-ofi- tabliahad doctrine of provincial autonomy. 4. Tha laid Aft rc<-eiv«d the unnnimoua endorMtlon of the LexisUtive Aisemhly after a moat careful conaiderntion uf ita provinionK. 5. The Moid Act doca not contain provisinna whici; arc open to ohjet^tion upon grounds of public policy, aa beinir r'nlnilHted to affect injuriouiily tho intcreatit of the Dominion, or of any particular portion thereof, which ore eaeontial characterintici for the veto power to \m cxcrciited, and, being within tlie power of the Legialature to enact, it would be an unwarrantable and unjuntifiablr act on the part of the Dominion Gxeeu- tive to diaallow the uiid Act. 6. The aaid Act waa proclaimed in force on the 13th day of February, A.D. 1004, and under it the Provincial Treaiurcr hna acquired more than one-half of the debeii turea referred to in wild Act, by the pnymcnt of the aum of $1S,000, and the municipitl election provided for ban also bo-n held, and there arc now a Mayor and Council of tho town of Emeraon duly in office. 7. Certain hnlilors of more than one-half of the debenturea referred in the aaxl Act were, prior to the passage of said Act, and now are, strongly in favour of the pro- visions contained therein, and requested tho Government to take tho condition of the town of Emerson into consideration and have the saihe dealt with by the Legislature of thia province, and promptly after the said Act was proclaimed in force, and without solicitation, took advantage uf its provisiona, as hereinbcf )re mentioned, and are well satisfied with the settlement effected. 8. Tour Ministen are familiar with the financial condition of the town of Emer- son, and aver the fact that the sum authorized to bd advanced by the Government under the Act objected to, and to be repaid by said town, as therein provided, ia all that the said town ia able to p«y and can pay, and at the same time reasonably supply ordinary municipal requirements and maintain its public schools, which are of preaaing neceaaity. 0. Your Ministers also allege that at the time of the inveatigation of, and report upon, the affairs of the town of Emerson in the year 1880, the aaid town waa not financially able to pay to ita creditors, as stated, the sum of $105,000, and submits that the strongest proof cf this statement is the fact that the Government was obliged to pay regularly the imereat on the debentures issued for the said amount, pursuant to Chapter 47 of 62 Victoria, referred to in the petition. Up to the date of the passing of tLe preaent Act objected to the Government has paid on that account the sum of 188,611.26. With interest adde' the amount aggejatea the sum of $62,461.81. 10. Your Ministers deny i . i accuracy of the statement contained in paragraph 8 of the petition that since the investigation of the affairs of the town of Emerson, as aforesai'', the said town has greatly improved its position and has shared in the general prosperity prevailing in the west. The fact is directly the reverse, aa evidenced in the mariced reduction of the value of assessable property of the town between the periods of 1880 and tie yr - 1903. In the year 1889 the assessment was $360,000; in the year 1903 the asses. waa $227,000, a reduction of $133,000. 11. In further refutation of the said allegation in the petition that aaid town of Emerson has shared in the general prosperity of the Northwest, your Ministers believe that such is not the case, but on the contrary, up to the time of !he passage of the Act objected to in the petition, the said town waa in a dormant and uKprogreaaive condi- tion, due to the outstanding heavy debt with which it waa impossible for the aaid town to auccesafully cope. 12. Your Ministers desire to direct the attention of His Excellency in Council to the fact tl 't prior to the passage of the Act objected to, reliable evidence was adduced that on account of the heavy debt of the town, the disposition of real property therein was practically at a standstill; no money was procurable on the security thereof at a 4 RDWARD Vir, tMH follow"- ""*'• ""^'""^ '^ '" •*"' *"'•' •*""»"• th« •"'ne h. . ..s £^^niS h- r u *^ • .'•)«/ '"^H-n""' of Mnr.itob. horounder ; .uch bridge shall b« managwl by the Provincial U.,„U Cmimiiiiiionpp. and may b« Iwaed f rom VJ, i Provincial Treasurer and applied in payment of the aaid .nTlh^ i ♦ f j principal of .he .aid debentures iasuecUnder this Act." "* '"'* Her w.ieli*t7for"thr'i"?r?"' '*'** "r*:'"? "'"»'*'"'<'•» the «.id bridge a security to cS- ve^ L ^ I r!!i • '^ assumed by the Government, and th«t.T«i\^^^ *" ""*"« *« ^-^ *^« -^-^^^^ W "^ "* ^'^^ ^•^"*"'^ '™ *° ^ ^''^^"^ ^ ^- claimsof fhe pi' fn«J^**?-^"'''l"^ ^'"i' ''^ ^*°''**"' ^^° "e the holders of certain of these deben tares, petitioned Your Excellency in Council to disallow this Act is unS «n^ L setforth in the petition; aUeging also that the legislation is contrary to the best in- Sl ? « ' ''T?°°'. ""'* ''^ ^"•'****' ^"^ *•» »»*^« the effect of sbiking the conS- dence of financial institutions in the securities of the country Th^*i^i^ °* ^ bondholders has also objected to the Acrt upon similar grounds «»uL , ^' r! i"^ '**"' communicated to the Government of Manitob^ who S^^r^.S'is^iSrS,"*^"? matters of a merely local or private naturein ine provinoe, and 18 within the exclusive authority of the Assembly, and the local "^iS^^r/""' ^^f'r\'''' "^ ^*^'"- ^ Power'if 'dllWate' l«riskt^.nr^!? entertains no doubt that the Act is within the authority of the tegislature, and whatever views Your Excellency's Government may entertain as to th« rrdtbelir^on" '-^^t'^.^'^-<- - a^-t the obligation TfTmunip^aut to ite debenture holders, such view cannot in the opinion of the undersigned either consistently with the constitution or practice which has heretofore pre^S b^i^! If tti "f .^"^*;^y'"? t*^^ disallowance of this Act. The legislation is within Th.s,Z ^iiV?"' '-T^'/ exclusive y to the provinces. The Legislative Asso.nhlv is t£ constitutional judge of the objections which are urged by the petitioners, andit s to ^Ltr^^ ^ which they must look for redress if any. For these reaso ,s "he ,„der^ signed recommends that the power of disallowance be not exercised, and further that tolTLif VT'•^:^ ^^l^'f' ,^V"«r''*«^ *° '^' Lieutenant Governor ..t M „l! toba and to the Merchants Bank of Canada. Humbly submitted, C. FITZPATRICK, Minister of Justice. M ^1 I i m % *»' ■. *>i Bepabtmknt of Justice, TK„ TT u, . » Ottawa, October 24, 1904, Ihe Honourable tlw Attorney General of Manitoba. Winnipeg, Man. CourtrZ;P^""T* \ ^^'P**' ^ i^^^ Manitoba Acts of 1904, amending the County Courts Act, may I ask you to explain section 1 (a) for my information in^porting m MANITOBA LBOIBLATION ■ > 11* I' Hi n' 1' I ii 1 upon the validity Southern Judicial ritorially with the that the section is of the legislature explanation of the before submitting of th-! Act. I would like to know how and when the newly created District of Manitoba was so created, and whether it corresponds ter- Southern Division of the Eastern Judicial District? It seems to me upon its face ultra vires, as it is I should suppose beyond the power to appoint a judge. I imagine, however, that there must be some matter, and I would be very glad to hear from you upon the subject and report. I have the honour to be, sir, Vour obedient servant, E. L. NEWCOMBE, Deputy Minister of Justice. „ , „ WiNNiPEO, November 2nd, 1904. E. L. Newcombb, Esq., Deputy Minister of Justice, Ottawa, Ontario. Sib,— I have the honour to acknowledge receipt of your letter of the 24th October, inquiring as to section 1 (a) of Chapter 7 of the Manitoba Statutes of 1904. The proposed new Southern Judicial District of Manitoba was provided for by Chapter 66 of the Statutes of 1904, and also by certain amendments to the County Courts Act, King's Bench Act, Surrogate Courts Act, &c., necessitated by the creation of such new Judicial District, and Chapters 41 and 66 relating to such new judicial district have been brought into force by proclamation, but the other Statutes referred to have not yet been proclaimed in force, as the buildings have not yet been completed. A* to Section 1 of Chapter 7, it was considered necessary to make this provision so that when all the Acts are proclaimed there would be a judge with jurisdiction throughout the newly created Southern Judicial District, and the authorities relied upon for this Me as follows: In re the County Courts of British Columbia, 21, Supreme Court Reports, 446, and Chapter 28 of the Dominion Statutes of 1891. It seems to me after a careful perusal of this latter Statute and of the decision in the quoted ease, that the section referred to is not objectionable, and indeed is necessary to enable the present County Court Judge of the Southern Division of the Eastern Judicial District to dis- charge the duties of the County Court Judge of the new Southern Judicial District. I have the honour to be, sir. Your obedient servant, GEORGE PATTERSON, Deputy Aiiomey-Oeneral. (Approved by Order in Council 18 November, 1904.) Department of Justice, Ottawa, 29th October, 1904. To His Excellency the Governor General in Council: The undersigned has the honour to submit his report on the statutes of the several provinces, passed at the last session of the legislatures thereof (1904), as follows-— * • • • ♦ » « « »■ Manitoba; 3 and 4 Edward VTI.; received by the Secretary of State on 26th Feb- ruary, 1904. Chapter 7, intituled 'An Act to amend "The County Courts Act",' is reserved for a further report. Chapter 14, intituled ' An Act respecting " The Town of Emerson »,' has already .een considered and left to its operation by Order-in-Council of 16th Septenib.-r la.t. Chapter 70, intituled 'An Act to incorporate "The Empire Loan Company".' By this Act a company is incorporated for the purposes apparently of carrying on the business of a building, loan and investment society and to borrow and receive money upon deposit. 4 BDWARO VII., 1M4 |^ irift Burehaae J «.l^^ and hold anda in other provinces of the Dominion by stated with rpJ,^T 1^' i «^'«-P«'vincial powers are for the reasons niready Thr,.r,ir!-^ ® 7^'^^ '* necessary may be determined by the courts such^otiSoraX':::,^:? *"'* ^^ "'""-•'^ «*-^"*^« -^ ^-^"'^ ^^^ _, «.l«t« fn"''**T"*^^'? reeommends that a copy of this report, if approved, so far as it jivSce ''""""' "^"^ "* communicated to the Lie'utena?! S'or of the Humbly submitted. 0. FITZPATRICK, Mmiaier of Justice. I 9 1 1 111 108 MANITOBA LB0I8LATI0N KAiriTOBA. H 4-8 EDWABD VU., 1805. (Approved by Order in Council of IS November, 1905.) Department or Justice, Ottawa, November 1, 1906. To Hie Excellency the Governor General in Council: The undersigned has had under consideration the Statates of the Province of Manitoba, passed in the fourth and fifth years of His Majesty's reign, 1906, and re- ceived by the Secretary of State for Canada on 9th February last. These Acts may, in the opinion of the undersigned, be left to such operation as they may have, with the exception of the following, as to which special reports will be made : — Chapter 48, intituled: ' An Act respectiug M nitoba land surveyors. ■ Chapter 54, intituled : ' An Act to incorporate " The Assiniboine Fire Insurance Company ".' Chapter 60, intituled: ' An Act to incorporate " The Manitaba Investment Agency, Limited",' and Chanter 73, intituled: 'An Act to incorporate "The Winnipeg Fire Assurance Compuuy ".' The undersigned recommends that a copy of this report, if approved, be trans- mitted to the Lieutenant Governor of Manitoba, for the information of his govern- ment. Humbly submitted, C. FITZPATRICK, Minister of Justice. (Approved by Order in Ccnincil of IS November, 1905.) Department of Justice, Ottawa, November 1, 1905. To Hill Excellency the Governor General in Council: The undersigned has the honour to report that by Chapter 54 of the Statutes of Manitoba, 1905, intituled : ' An Act to incorporate " The Assiniboine Fire Assurance Company'"; and Chapter 7a of the Manitoba Statutes for the same year, intituled: ' An Act to incorporate " The Winnipeg Fire Assurance Company ",' companies are incorporated with power to make and effect contracts of insurance with any person ci persons, body politic or corporate, against any loss or damage by fire or lighting to any houses, stores or other buildings whatsoever, and on any shipping or vessels whatsoever, or whithersoever proceeding against loss or damage by fire, &c. The Acts contain no provision limiting the business of the companies to the province of Mani- toba. The powers of the companies are defined in general terms, so that the Acts read as if an unlimited power to do business were conferred in respect of the kinds of busi- ness defined as within the scope of the companies powers. Inasmuch as it is incompetent to a provincial legislature to incorporate a company except for provincial purposes, or with power to carry on its business in other pro- vinces, the undersigned considers that these Acts should be amended so as to ' > - jssly limit the business of the companies to the province of Manitoba, and he reconjuiends I BOWARO VII., U06 108 J^t'JiKlt^ "n'^t ''^ *•*" ^^^^"^t Governor to .certain whether hi. goTem- 3bw.ni *"'"'**^ """'" amendment within the time limited for die- Humbly submitted, C. FITZPATRIOK, Minister of Justice. (Approved by Order m CouneU of IS November. 1906.) Department or Justice. Ottawa. Igt November, 1905. To His Excellency the Governor General in Council- ManSa. mTSul^" *"' '°°°" '"^ "^^ *"'* ''^ "^^^^ ^ «>* ^ Acta of 'An Act to incorporate" The Manitoba Investment Agency Limited'" ^Zr/ro'^rtTorevf^J'^'r^'.^^'^''^''^' '•''" -d own'lanrS real and W Se?o7n ?v nf~h!Z description in Manitoba or elsewhere, or any estate or in- m^l^T ' y.P"~»>«««' -*«*««>««. or in any other manner, and to pay therefor by r^rtiallv';,^;"'* ? T>^T *^"'^" '•"<» ""'J '««1 »°d personal p^perty. fuS oL'lXrtT bv ^ott? 7.^ ^*»"P''^i«r the company's debentureT. ofStb' by ?£b lands^? th™ the said methods, to promote immigration and colonic lairds ^ '""^ """^ "* °*^*"'' ^ ^""'^ "P""' f«™ «°d i'HP'ove the said Humbly submitted, C. FITZPATRIOK, Minister of Justice. (Approved by Order in Council of November 17ih. 1906.) Dei-artment of Justice, Ottawa, lOth November, 1906. To His Excellency the Governor General in Council: toba,'^lMr£ufef ^" ^"^ ""'^'' consideration Chapter 48 of the Statutes of Mani- ' An Act respecting Manitoba Land Surveyorc. \f«n^ir*'r ^i 'V* provided that no person shall act as a surveyor of lands within ^ a, t^ir-^ W ' r "^^ .d"ly authorized to so practise under this Act, or had hZ hJ^^^^""^ *^^ P"'/''* ^^^^' •''hording to the laws then in fo^e. and S have become didy registered, and shall continue to be registered under thTpJolkll of tins Act, under a penalty of one hundred dollars b^es costs. P'o^isions ^»#-Z° if provides a penalty against any person who knowingly and wilfully t^r^l- '.'"'^/"^^y'f' «' l»y '^y Dominion land surveyor under the provisioL^ the Dominion Lands Act to mark any limit, boundary or angle of any townaWo or section, or any other legal subdivision, lot or parcel of land inManitobi ^ ji-. I- if, ' ■■!• ' i ji: • tl'e honour to transmit to you herewith a copy of IbS:*^ Prvit^irur^ "^ ^^"'"^ ^«-"' ^°-"^«^ *» - "^ ^^« »>-- I have the honour to be, sir, four obedient servant, D. H. McMillan, Lieutenant Oovemor. Government House, WiNNiPEO, December 7th, 1906. The Honourable, The Provincial Secretary, Winnipeg. year 1905, sent to you by the lieutenant governor and forwarded to this department and I am instructed to inform vou in ronlv th«t *i,^ =»-„- i w"» aepanraent, bv the Ant* «.*«««J Z V " y°" »° reply, that the several companies incorporated Sat it wS^kT to. have been furnished with copies of the reports and informed ^Idmei to 1S^ r *?T *" '^^^- *° *« ^•^''^"*"" "t >*« °^ session ?or™S t£ M^rta of th^M^n^f . Incorporation as will meet the objections set forth in irts wTlfJe di lLwS'%f ^"""'T """^ *"*.*" "^' ^«y *"•! to do 80, the several m^ta bv nrivate bn^.-nJ^^r**''^ companies will have to apply for such amend- menta by private bills and pay the necessary fees, and if they do so, the Government of Manitoba, will in every way facilitate the passage of such amendments I have the honour to be, sir. Your obedient servant. (Sgd.) GEO. PATTEBSON, Deputy Attorney General. (ApprovA by Order in Council of £S December. 1905.) Department of Justice, ' tawa, 16th December. 1905. To His Excellency the Oovemor General in Councv There has been referred to the undersigned the despateh of the Lieutenant Gov 3 :/th:ArtoL S "*^ 'T'^\':r'^i!^'^ «»P^ °^ « letter fiJmS^p^^^ ment of the Attorney General, forwarded to the lieutenant governor by the nrovincial STur^lhaf^^'i to Chapters 54. 60 and 73 ^f the Acts ol SaS: fn!nliL -Ju P**}he several compames incorporated by these Acts have been finished with cop,« of the reports of the undesigned, approved by Your ExSS «n?vTl"t • ^.^°^T*?:' ^^*' '^^^^^^^^ that it will be necLary for Tm S apply to the legislature at ite next session for such amendments to these Acts as wiH TCt^ t'T^T '""^r. *^^ '!^\^^^ of the undersigned. aS ^^in cT" S% S»f ?», JT' )■ ^''^"'^ ^^^^ ^^^^ disallowed. The Deputy Attorney General bfll aid n?v r"^*'^' conipanies w^U have to apply for such amendmente by private biUs and p.^ the nec^sary fees, and if they do so the Government of Manitoba wiU La every way facihtate the passage of such amendments. 1 US ItANROlU LBOIILATION The undeniarned o4>Mnm that the time for the diullowuice of thew Acts will expire on »th F^ruary neit, and it it necemry. therefore, that Your Ezoellency's loremment ahould raoeire definite and Mtiafaotory aaaurancea from the Oovemment of Manitoba before that date that the necemary amendmenta will be made. The com- munication of the lieutenant governor already received cannot be aaid to amount to •uch an aasurance, aa the question of then amendmenU aeema to be thereby left to the companiea themaelTea. The underaigned consider*, therefore, that a deapatch in reply should be aent to the lieutenant governor informing him that Your Excellency's government will be under the neoeesity of disallowing these Acta unleaa the Government of Manitoba, by reason of its communications with these companies, or otherwise, is prepared within the time hmited for disallowance to undertake that the amendments will be made at the next ensuing session. As to Chapter 48 of the Manitoba Acts of 1905, respecting Manitoba land sur- veyors, the undersigned observes that the local government have decided to make such amendmenU as will meet the objections urged in the report of the undersigned, and that such amendments will be introduced at the next session of the legislature. In these circumstances the undersigned does not advise Your Excellency to take any further steps with regard to this Act. Humbly submitted, C. FITZPATRICK, Miniiter of Jtutiee. 'tii; The Honourable The Minister of Justice, Ottawa, Ont. WiKMipn, Man., December 16, 1906. Re Manitoba Land Surveyori' Act. Sib,— I have the honour to submit herewith for your oonsidenition draft of an Act to amend " The Land Surveyors' Act.' Will you kindly advise me if this Act will answer the requirementa set forth in your report to council of the 10th November laat. I have the honour to be, sir. Your obedient servant, GEORGE PATTERSON, Deputy Attorney Qeneral, ■•%■■ ! .5. ; )*: It' 1 1^ BILL. An Act to amend ' The Land Surveyors' Act.' His Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba enacts aa follows : — 1. Section 86 of the Land Surveyors' Act being chapter 48 of the Statutes of Mani- toba enacted at the session held in the fourth and fifth year of His Majesty King fcqward the Seventh, is hereby amended by inserting the words ' other than Dominion Lands ' immediately after the word ' lands ' in the first line thereof. 2. Section 62 of the said Act is hereby amended by inaerting the words 'or Dominion Land Surveyors ' immediately after the word ' surveyors ' in the seventeenth line thereof. 8. This Act shall come into force on th«? dav it is assented to. I BDWARD Vlt., IMI 107 Ow Patwmon, E«,.. ^''*"*'"''^ "' •'^"'''«' t>"**A. December 20th. 1908. Deputy Attorney Oenen], Winnipeg, Man. Re Manitoba Land Surveyors' Act. leSt me I a^^nf^r^- ^'* ^r"*"** ' ^*^ ^'""' Surveyor.' >,t' which yoTh^ Zn^'ot No'vlw'TorE *'"' •* "'""^^ "" «''^«'-- »•>« ' to this A^ct in my YourH truly, C. FITZPATRICK. The Hon. The Minister of .Tu.tioe. ^'"'"'"'' ^*''*''*' ^•"^' ''**'• ^'^»' Parliament Buildings, Ottawa, Ont renort on rt^rSl'i!!^™7»u^r"' "^. ^""•'«»'" •»" forwarded us a copy of your K inc^^«te5rS? 'Vt* f"* T'**" °/ *•*" Legislature of Manitoba, beinj an for tS, Z^" .i^»J^ ^^ Inveatment Agency t'ompany. We are the s-.liWtors for the company, and the matter was referred to us for attention. We have seen the slonTt.^"^'"'^ arranged w.-.h him to procure an amendment at thln«te^ IX'J- ^!^ " °«»""'7- We. however, would respectfully request your 7^^ .deration of tih. matter. «» we submit that the Act hrin no waj tro-pa! .™ the jurisdiction of the Dominion parUament. ' ♦K. ^f..**T fT ****?"*"> *o the fact that this company is a stock comnaav and the authority to do businew outside the province was in^tionaUy^ns^STS' Zt no question murht arise between the shareholders and the director ToT^n^./^?* business outside the province. Wo venture to submit that it is not neceJsai^ in th^ limited t« the particukr province; that it would be inexpedient to do so. and might tZ^'IT" "•***'!""* P°."" *** ^' '•""'"^ ""»••'»« '^ province of inco^rS. ^J^JZ ^"V- »,«»V'"'i*~P^r*y ""'I '!« business outside the province Ta mat tor which more particularly affects its shareholders, unless the Act provided for dSng business outoide of the province of Manitoba. The point might be takTn tha thf company had no such power, and that it could not obtain a license for foreign busU iiess. under any foreign corporation Act, as original Act did not provide for same. As a matter of fact, provincial companies, whether authorized or not to deal outside their home jurisdiction, obtain licenses under the foreign corporation Act, and while the pomt we take, has we beheve. never been determined upon, yet we submit that it is a perfect legitimate view to bear in mind when drafting a provincial Act, and one that do« not necessarily invoke thn powers of disallowanet.. If the company has powers which affect matters within the exclusive jurisdiction of the Dominion, or powers ar« lnadvertent^5^ given, which would lead to a conflict of such jurisdiction; then of course the Act of Incorporation should be disallowed. We have the authority of the Attorney General of Manitoba, to say that he does not see the necessity, for the disallowance of this Act. or that it in any way infringes upon the jurisdiction of the Dominion Parliament. We trust that you will be able to take this matter under your favourabl. c-on- sideration, and be able to reconsider your report. As we intimated, we of course will siibmit and procure any amendment, that may be deemed necessary at the next session ot the legislature. If on reconsideration you still think it is necessary to amend the Act, we shall be pleased to know exactly what words you wish struck out. We pre- sume it IS simply the words ' or elsewhere ' in the .3rd line of the 11th section. Tours truly, ROBINSON & HULL. ' if .If •ft I hi i if MANITOBA LMMLATION ll'' 1^ ili' H: WwHiraa, Canada, Daeember iO, * J5. Hon. C. FrriFATMCK, Miniiter of Justioa, Ottawa, Oot Sf Winnipeg Fire Aeiuntnce Company, OkapUr MS, Statutu of Manitoba, 1905. Dkah 8m.— We inoloie herewith a copy of a letter which we, aa aolioitora for tha ahove company ,reoeiv«d a fnw duys iiko from the Deputy Attorney Uuiiernl nf the ]irr- rince of Manitoba, together with a «)py of th«' n-port thort'in rffi'm-fl li>. We have been inatructed by our clientit to point out that the possible construction sugerestiHl in your report never occurred to the company and that t!.ey alway# under- stood that tlie charter obtaincnl from the Legislature of the province of Manitoba nuirclv authorized the oompuny to do buHimitH within this provin<-f>. In iiui)pirc nf this may be pointed out the fact that thu company, immediately upon the completion of their organization, took out a license in the then Northwest Territories, of Carsda, without ever suggeating your claimioK that the Manitoba charter confrrml on thn company any powers outside of Manitoba. It scen>4 to us that it would bo utter folly for this company or any other, even were its charier to remain unchanKcd, to contend that the enactment of the Legislature of Manitoba would confer on the company any power to do business outside of the province of Manitoba. It seems U- us, the company assuming to open up for business outside of tl.e jurisdiction in which they were incorporated, would immediately run foul of the requirements of such other jurisdiction with regard to licensing of foreign corporations. In short, while we admit that it would have been quite proper to expreasly restrict the company's operations to the province of Manitoba, yet it seema to us that no penon or corporation could be prejudiced by the charter remaining as it is. A perusal of some of the more recent private Acts enacti-ii by the l/iriHlnfurc of the province of Manitoba, diTcloses the fact that Acts identical with the one incorporat- ing our company have been allowed to go unchallenged, and it does not appear that my person haa in any way been prejudiced. In this eonnectioii we would rfter you lo Ih" following: — 1. Occidental Fire Insurance Company Act, page 49, Manitoba Sutut«g of 1902, being chapter 66, 1 and 2 Edward VII., sec. 12. 2. Western Farmers' Live Stock Insurance Company, page 67, Statutes of 1900, being chapter 77, 63 and 64 Victoria. 3. Central Canada Fire Insurance Company, Statutes of 1898 at page 11, being chapter 64, of 61 Victoria, sec. 12. 4. Winnipeg General Trust Company, Statutes of 1898, page 6*, being chapter 68 of 62-3 Victoria, sec. 20. 6. Manitoba Insurance Association, Statutes of 1889, on page 26, being 62-8 Vic- toria, sec. 3. The writer feels quite positive that there are numerous other 'Acta similar to these, but the foregoing will be sufficient to indicate that there is practically uniformity in the wording of the Manitoba Statutes in this respect, and that the parties who drafted the Winnipeg Fire Asa. Company's charter were but following a well beaten track. Our clients have approached the Attorney General's Department here with a view of inducing the authorities to pass an amendment in order to moet your views, but they have intir ■'♦ed their unwillingness to do this without exacting the full limit of fees, and the;, ar unwilling to accept any responsibilty for the Act being worded as it is in rega. the particular feature mentioiKd in your report The result is that our clients, who are a new concern and struggling to do a legitimate business would, if the amendment i« insisted upon, be put to very considerable expenac and trouble. We shall feel greatly obliged if you would be so k> ( as to look into this matter at the earliest possible moment and consider whether, in view of all the clrcamstances, you would not feel disposed to waive the point raised by you. It would, of course, be very proper to call the attention of the law department of the Manitoba Government to the i BDWARD VII.. ItM advisnbilitjr of expiMMly limitinir to the province of Manitoba the powera granted to any company incorporated by th«> Munitoba LpKiaUture, and we feel quite certain that the Attom«Tr (U>npral'a Oi'partmcnt will be can-ful in the future to ■<><> that your yiew* in thia re«|MH bit conferred u/cretary of Htate, Ottawa, Ont. OOVnMMBNT HOUH, WiNNiPBu, January Itth. ISOrt. Hia Honour, the Lieutenant Governor of Manitoba, Government IIouw, Winnipeg, Man. 8iB,— I have the honour to herewith acknowledgp receipt of your letter of .lanuary BtS, inclosing the further correaponcJ^nce of the Secrt-tary of State relating to a report of Privy Council on chapters M, 60 nnd 73 of the Statutes of Manitoba, 1W>5. ami in farther reply, this department it in receipt of the encloaed letter from the Department of the Attorney General. I have the hononr to be, «ir, Your obedient servant, D. H. MoFADDEN, Provincial Seerttary. (iOVERNMENT HOUIE, WiMNiPio, January 9th, 1906. i'he Honourable, The Provinoial Secretary, Winnipeg. S'». I have the honour to aoknowledge receipt of a communication from His Ilonour the Lieutenant Governor forwarding copy of a letter from the Under Secretary of State at Ottawa, dated December 30, 1905, relating to chapters 54, 60 and 73 of the Statutes of Manitoba, 1905. and I hep to soy that tho different eompnnies incor- porated by those Acts were notified of the intention of the Dominion Governnient to disallow the Acts unless the amendments indicated in the former reports of the Minister of Justice be made. The Government of Manitoba talies the position that it is for the companies themselves to apply for the necessary amendments if they wish to avoid the penalty of disallowance, as the Acts are private Acts, which should be petitioned for by the parties interested. Further correspondence has been had with these companies, with the result that I have from the solicitors of the Winnipeg Fire Assurance Com- pany, incorporated by chapter 73, and of the Manitoba Investment Agt-ncy, Limited, incorporated by chapter 60, written assurance that those compauies will petition th* legislature at the next session for the necessary amendments, provided they are unsuc e<-«sful in persuading th« Minister of .Tiistice that the Acts should not be disallowed. The solicitors for the other company, the Assiniboine Fire Insurance Company, incor- porated by chapter 54 referred to, have stated the same thing, but have not written any letter undertaking to apply for the necessary amendments. I % Jti, %\ u \^ m MANITOBA LEGISLATION I might add that iiv the event of the companies applying for the necessary amend- ments to save disallowance, the government will facilitate the passage of same as much as possible. I have the honour to be, sir, Your obedient servant, COLm H. CAMPBELL, Attorney General. WiNNiPEO, January 18, 1906. The Hon. Deputy Minister of Justice, Ottawa, Ont. Dear Sib, — Re Winnipeg Fire Assurance Company, and Assiniboine Fire Assur- ance Company, Statutes of Manitoba, 1905. We are obliged for your favour of the 10th instant, and can assure you that the reasonable attitude taken by you in connection with our clients is much appreciated by them. We note the remarks contained in your letter with reference to the powers of provincial companies, and are seriously impressed with the importance of the points raised by you. The situation is in our opinion a very critical one, more especially in view of the opinions entertained by the present Attorney General in this province, and his apparent intention to precipitate a contest on the point in question between the federal and provincial authorities. Yours truly, ROTHWELL & JOHNSON. ii'-: few i (Telegram.) Winnipeg, Man., January 16, 1906. Minister of Justice, Ottawa. Please state if amendment proposed in letter January eighth re Manitoba Invest- ment Agency satisfactory. ROBINSON & HULL. (Telegram.) Ottawa, January 17, 1906. Messrs. Robinson & Hull^ Winnipeg, ilan. No letter received re Manitoba Investment Agency. Better send duplicate. C. FITZPATBICK. (Telegram.) Winnipeg, Man., January 30, 1906. To Minister of Justice, Ottawa. Attorney General arranged for undertaking from local government which will reach you in ample time. ROBINSON & HULL. S DDWARO VII., INC US Deputy Minister of Justice, Ottawa, Ont. WiNNiPEO. Canada, January 29, 1006. Re 'Manitoba Investment Agency.' Chap. 60. Dear Sih,— We beg to express our regret for the clerical mistakes in this matter. We wrote the inclosed copy letter on the 8th instant, and by mistake it was addressed to The Deputy Minister of the Interior.' The writer, not having received an answer directed the telegram of the 16th bo be sent, thinking that the letter had been addressed to your department. He was informed that the letter had not been posted, and concluded that some mistake had happened in the rush of letters with the office-boy, and sent the inclosed copy telegram of the 17th inst., and unfortunately it was again sent to the Minister of the Interior. In the telegram of the 17th, the amendment proposed was to the same effect as in the letter of the 8th, but made shorter for the purpose of the telegram. We very much regret the extra trouble you have been given in the matter. Would you kin8e words be substituted for the first and second lines in iSection II., and the words ' of every description in Manitoba or elsewhere,' in the third line of the said section. The objects of incorporation are of a provincial character, and we submit that the province can incorporate a company for provincial objects without it being necessary to state that these objects are to be exercised within the province. 8 •*■-■ 1^ *l ^:!, I' I itf '■ Si I 'A 1 114 MANITOBA LEOISr^ATION E. I;n ! We tnwt that what we propoee will meet your objections to the Act. We wish in every way to comply wjth your ruling, at the same time we must ask you not to go out of your way to insist upon such an amendment as will interfere with the powers of the company for doing b isiness elsewhere, leaving that question to be dealt with when they seek power to do business in other jurisdictions. We remain, yours truly, ROBINSON & HULL, (Telegram.) WiNxiPEc, January 17, 1906. Minister of the Interior, Ottawa, Ont. Letter eighth instant inadvertedly not mailed. Proposed strike out words ' in Manitoba or elsewhere,' third line, section eleven, and trust this will be satisfactory to you, especially as you gave similar consent in Winnipeg and Assiniboine Fire Insur- ance Companies. Please answer. ROBINSON & HULL. (Telegram.) Ottawa, January 26. 1906. Messrs- Robinson & Hull, Barristers, Winnipeg, Man. Referring to your letter of 20th instant, in the circumstances will accept amend- ment of sixteenth section, striking out words ' in Manitoba or elsewhere,' but must have undertaking immediately from local government, to make this amendment, time for disallowance expiring ninth proximo. E. L. NEWCOMBE. (Approved hy Order in Council of 3 February, 1906.) Department or Justice, Ottawa, January 26, 1906. To His Excellency the Governor General in Council: The undersigned referring to the following statutes of the Legislature of Mani- toba, 1905, viz. : Chapter 54, intituled: 'An Act to incorporate "The Assiniboine Fire Insurance Company " ' ; Chapter 60, intituled : ' An Act to incorporate " The Manitoba Investment Agency, Limited ",' and Chapter 73, intituled : ' An Act to incorporate " The Winnipeg Fire Assurance Company ",' and to the order of Your Excellency in Council of 23rd December last, na^ had under con- sideration the despatch of the Lieutenant Governor of Manitoba of 12th instant, trans- mitting letter of the Attorney General of Manitoba, who states that his government t«kes the position that it is for the comimnies themselves to appl.T for the necessary amendments, that further correspondence has been had with the companies, with the result that he has from the solicitors of the Winnipeg Fire Assurance Company, and the Manitoba Investment Ajienpy, Limited, written assuraace that these companies will petition the legislature at the next session for the necessary amendments if they are unsuccessful in persuading the undersigned that the Acts should not be disallowed. T\m Attorney General states also that the Assiniboine Fire Insurance Company has 6 EDWARD VII., 190S lis stated the same thing, but have not written any letter, undertaking to apply for the necessary amendment. He adds that in the event of the companies applying for the necessary amendment the government wil» facilitate the passage of the same as much as possible. The Attorney (Jeneral of Manitoba having apparently referred the solicitors of these companies to the undersigned in regard to tlie question of amendment or dis- allowance of these Acts, correspondence has been had. The solicitors of the Assiniboine Fire Insurance Company and the Winnipeg Fire Assurance Company stiitt- that tlicse Acts were not intended to confer extra-provincial powers ; that they were drafted in tliis respect in accordance with several other statutes of incorporation, which hiid I.pih allowed to reniain in fon-e in .Manitoba, and that inasmuch as they had no notice of any objection at the time of the passing of the Acts, it is u hardship upon them to Kquiro the Acts now to be amended, involving as it would in view of the attitude of tlic (iov- ernment of Manitoba, pa.vment of additional fees as for private legislation. The undersigned is quite aware that in a nundior of cases provincial statutes in- corporating companies have been allowed to remain in operation, anl perhaps some- times without comment, although the Acts confer powers in general terms without express words limiting the execution of these powers to the province. He is of opinion that in any such cases ihe courts must construe the Acts as not intended to confer powera beyond those which are comiietent to the legisUture to grant, and although it is desirable in all such cases that there should be proper words of limitation in the Act, yet with regard to these two companies in the present circumstances, he does not think it necessary to insist upon amendment. The case of the Manitoba 'avestment Agency, Limited, is still under considera- tion. Humbly submitted, C. FITZPATRICK. Minister of Justice. Government House, WixxiPEti, January 31, 1«06. The Honourable The Secretary of State, Ottawa. Ont. »'^"». — With further reference to departmental letter, bearing date November 20.* 1905, regarding chapter 60 of the fstn .tes of Manitoba for 1905. intituled ' An Act to incorporate the Manitoba Investmeii Agency, Limited,' I have the honour to transmit to you herewith, a copy of a letter, from the Attorney (Jeneral for Man;*oba forwarded to me by the Honourable my Provincial Secretary, stating that section II. of the Act will be amended, at the present session, by striking out the words ' in Manitoba or else- where ' from the third line thereof. I have the honour to be, sir. Your obedient servant, D. H. McMIi^LAX, Lieutenant Qovernor. Winnipeg, January 30, 1906. The Honourable The Provincial Secretary, Winnipeg. Sir, — In further reference to the proposed disallowance of Chapter 60 of the Stat- utes of Manitoba for 1905, intituled : An Act to incorporate the Manitoba Investment Agency, Limited, a telegram from the Deputy Minister of Justice at Ottawa to Messrs. Robinson & Hull, solicitors of the company, has been shown to me, which states that the government at Ottawa will accept an amendment of section II. of the • Letter from Secretary of State transmit ting order In council ante d 99 8* ;• ^ f; 'SI m 116 MANITOBA LBO»LATION IV' Aot by striking out the words ' in Manitoba or elsewhere ' from the third line thereof, provided that an undertaking is immediately sent from the Government of Hani* toba that this amendment will be made at the present session. I have therefore to re- quest that you will inform His Honoar the Lieutenant Governor that his government will undertake to have that amendment made at the present session, and ask His Honour to forward the undertaking to the proper quarter in Ottawa so that disallow- ance of the said Act may be avoided. I have the honour to be, sir. Your obedient servant, (Signed COLIN H. CAMPBELL, Atiomefi Oeneral. (Approved by Order-in-Council of 10 February, 1906.) Department of Justice, Ottawa, February 3, 1906. To Hit Excellency the Oovemor Oeneral in Council: The undersigned, referring to his report to Tour Excellency of 26th ultimo, has had under consideration the despatch of the Lieutenant Governor of Manitoba of Slst ultimo, inclosing copy of a letter from the Attorney General of Manitoba of 30th ultimo, stating that his government will "idertake to have the Act of Manitoba, 1906, chapter 60, intituled ' An Act to incorporate the Manitoba Investment Agency Com- pany,' amended at the present session of the legislature by r 'king out the words ' in Manitoba or elsewhere ' occurring in the third line of section eleven. The undersigned, accepting this undertaking, is of the fpinion that the Act may be left to such operation as it may have. Humbly submitted, C. FITZPATRICK, Minister of Justice. WiNNiPBG, February 7, 1906. The Honourable The Minister of Justice, Ottawa, Ont. Sir, — I herewith indcde copy of a Bill to amend the Act, chapter 60 of the Mani- toba Statutes of 1905, being an Act to incorporate ' The Manitoba Investment Agency Company, Limited.' This Bill has passed its second reading and is approved of by the Private Bills Committee, but before giving it third and final reading, I am instructed to ask you if it meets with your approval as fulfilling the undertaking given by the government of the province to save the original Act from disallowance. I have the honour to be, sir. Your obedient servant, GEORGE PATTERSON, Deputy Attorney Oeneral. No. ] BILL. [1906 An Act to amend an Act to incorporate ' The Manitoba Investment Agency, Limited.' Whereas 'The Manitoba Investmeni Agency, Limited,' was dulj incorporated by An Act of the Legislature of the ProTince of Manitoba, being chapter 60, passed \n the fourth and fifth years of His Majesty's reign, and intituled ' An Act to incorporate The Manitoba Inves' aent Agency, Limited,; and whereas the company has, by petition, prayed for certain amendments to its said Act of incorporation, and expedient to grant the prayer of the said petition. 6 BDWARD VII., IIM m Therefore Hie Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: 1. Section 11 of the said Act is hereby amended by striking out the words 'in Manitoba or elsewhere' in the third line thereof. 2. Subject to the foregoing amendment nothing herein contained shall be deemed or construed as in any way taking away or impairing the rights or powers conferred on the said company. 8. This Act shall come into force the day it is assented to. Department of Jlstict:, Ottawa, February 27, 1906. GKonox Patterson, Esq., Deputy Attorney General, Winnipeg, Man. Sm,— Referring to your letter of 28rd instant, I think the Bill, copy of which you inclose, is in accordance with the correspondence as to the amendment of the Act to incorporate the Manitoba Investment Agency, Limited. I have the honour to be, sir. Your obedient servant^ E. L. NEWCOMBE, Deputy Minuter of Jtutiee. M 4 ll I ■m i Ill MANITOBA LEOISLATtON MAHITOBA. M EDWABD VII., 1906. (Approved by Order in Council of S April, 1907.) p t Dki'abtmkm of Ji stick, Ottawa. December 17. 1906. To Ilia Excellency the Governor Oeneral in Council: The undersigned hus had under consideration the Statutes of tho Legislative Assembly of the province of Manitoba, passed in the fifth and sixth years of His Ma- jesty's reign (1906), and received by the Secretarj* of State for Canada on April 17 last, and he is of opinion that the<»f, exeep* chapters 10.3 anrnl fire insurance business without apy express limitation to provincial objects. The undersigned considers that the Act should be amended so as to limit tho busi- ness of the company to the province of Manitoba. Chapter 103, intituled an Act to incorporate ' The Brnndou Trust Compan.v, Limited.' The powers conferred upon the company are not expressly limited to provincial objects, and there are provisions contemplating that the company niny do business be- yond the limits of the province. Thus in section 7 the company is authorized to admin- ister estates committed to it by any court in any of the provinces of Canada. By section 15 in the computation of liabilities, reference is to l)e niado to the aggregate business of the company, and not merely to its businees transacted in any one or more of the provinces. By section 22 the company may appoint or clo-t an advi- board in each of the provinces wherein the company may be licensed to trananct business. By sectii ii 49 provision is made for service of process upon the company in any pro- vince. In the opinion of the undersigned, this Act should be amended so as to limit the business of the company to the province of Manitoba, and tho provisions referred to providing for business transacted beyond the province should be repealed as vltra vires. Chapter 104, intituled An Act respecting ' The Central Manitoba Trust Company.' This Act is subject to all the objections stated with regard to the last preceport, if approvt-d, be transmittetl to the Lieutenant Governor for the information of his (Jovernment. and that lie he asked to report as soon as possible as to what his Government propostw with regard to chapters 103 and 104, respecting the Brandon Trust Company, LimiUnl, and the Ceiitral Manitoba Trust Company. Humbly submitted, A. B. AYLESWORTH. Minister of Justice. (Approved hy Order in Council of t«l May, 1907.} Dei'artmf-xt of JisTicK, Ottawa, April 17, 1907. To His Excellency (he Governor General in Council: The undersigne(l or improved by said settler.' 17. Section 4 piovides that ' ' .j rights granted to tho settlor under this Act shall be assorted by and be (lefendcd at the Crown expense.' 18. The definition of 'settler' as set forth in chapter 42 of 1904. does away with the definition of the t?rm 'squatter' as set out in chapter 14 of 1884, aforesaid, though he is one and the same person. 19. Section 3 of the said Act gives to the squatter of section 23, of chapter 14, •ander the title of settler, all the coal and mineral under the lands squatted on. k * „ f I » r I Ul BRtTINI COLUMBIA LIOHLATION 20. The K«iuim«lt and Ntnaimo lUilway Company maife their cuntract aa •furoaaiil with the Duuiinion Ouvenintrat, and upon th«' due coniplftion thereof re- ceived a grant »f the Miid l«n«lH from the Dominion (»«)venimeMl upon the »ame terow and condition* thoy w.-iv K>'i«nti'«i »o th«' Dominion (JovernnM-nt by tht- Provincial Uovi-mmtnt of Hritiiih Columbia by c-haptt-r 14 of lh»4. 21. Tho KiMiuiinalt luid Nanaimo Railway Company do not refonniic the right of thi- Frovim-ial l^'ginlatun' to intorfore with the land grant, a« the company did not receive the land from the Provincial (Jovcrnnu-nt. nor did thi-y enter into any con- tract with the Pr>vincial Government. 22. Thi- granting of the mineral under the hinds of the iM|UHtterH uh mentioned in section 23. of c. 14. of IHH4. will Ik' a ureat injury to the property of the Encpiimalt ami Nanaimo Railway Cumpanv, and un interfereiiw with tho contract made lN'twe<>n tlie Eaiuimalt and Nanaimo Riiilway Comiwny and Dominion Ooveniment. Dat-d the day of March. A.D. 1004. Tho "Kaquimalt and .Vanaimo Railway Conipnny therefore humbly pray Your Excellency in Council !:» iIIhuHow the «aid Act. No. 42* of 11)04. known as the ' Vancouver Inland actt?er8' Rights Act. 1904.' passed by the Pro- vincial legislature of the Province of HritiHh Columbia. (Sg.1.) JA.MK8 DrNS.MriR. Pretidfnt of the Esqnitnalt rvatioiM of my iiiiniHitr« in n«ur.l to ih<> (iftition in .piMtion'. I hnv«» th«- honour to In-, nir, Yoiir olN>ilii>nf iwrvRnt, H. (i. .lOLY DkLOTHINIKKK. ~. „ 11,,, lAeuUnnnl Oovrrnor. rnc Honourahlp the ,M«><'ri'tnry of Stu'v, Ottawa, rtinMiiii. TlIK UUVER? IK.XT OK TIIK PROVINCE OK HhITIM|| CVW.I MBIA. COPV of a Ryorj of a Commilf f Ih. UoHoumhh the KxochUv. Council, approved by //I* Honour Ihr Li,„l,n<,nt (l,„;rnor „n Ihr 4nll, ,lii„ of .\f„,,, imi,. To HiH Honour the lArutt-nnnl Govrninr i„ Vounril : The ComniittcK. of thi- Exi> Hallway Company was acquirerd any tract of unoccupie.1. unsurvey and unreserved iaiids of the Crown, not iK-intf an Indian settlement. The section then prescribes the acreage and other matt^'rs. Kv section 01 that Act. It IS pn vided that ujm.ii compliance l.y the applicant of the provisions herc- mbefore cont.Tn,(i. tm' Commissioner 'shall record the land so sought to Iw recorded* &c. ' It would np,H.ar then, that (he k' itler, iiimu. complyin;, with die provisions of si^. tions 3 to 0. obtained an absolute ri^ht to have the land recorded in his favour. It was not an act of -^tuk-" on the part of the Crown, but was put even mor.. forcibly than the right of the miner to record his r 1!». Iks:!, did nil those things necessary to entitle them to a record of the land under the ' Lan.l Act. liST,",,' but were refused the right to perfe<'t their title by the f>fHcer declining to make the record in favour of the u.^plicant, ami dwjiining also to give him the certificate rccpiiKMl by sec- tioin of the said Act. Three of those ix-rsoiis hiive atti-mpted unsuccessfully to assert their rights as against the railway company. The legislature by the Settlement Act did not convey to the Dominion, under which government the Fsquimalt and Nannimo Railway Compnny claim, any lands in the railway belt as to which any other jjcrson had a lawful claim, and perhaps the only way in which the rights of the settlers could Im? asserted is not by an action brought by themelves against the Esquimalt and Nanaiir .tailway Company, but by an action brought either by the Attorney CJeneral on belialf of the provinc<\ or by giving the settlers a provincial title aiul allowing them to contest the matter themselves. This latter course was the one which commended itself to Your Honour's advi.sers, lienc<> tlic passage of the Vancouver Island Settlers' Rights Act, 1!I04, chapter 04. :l ".1 BRITIIH COLUMRIA UDOWt^ATION In makinff thU raport, tho eommittee do not overlook otto of the diiBoultiiM which may aria* in th« count* of tba litigation, via. : that the aettler wa» bound tu mak* hia r«cunl upon ' unuf I'liioii 4li»ttinctl.v pnwrvwl to aettlera the right of pre-emption, and proridad, aa did the Settlement Act, that landa b« given in lieu of thoae which might have been pre-empted before the tranafar took place. The fomniittpo ia, therefore, of opinion that thoae peraona who had made applica- tion to preempt landa antwicdt'nt to December 19, 1883, and who in good faith had occupied and improved landa with a bona fidt intantion of living thereon, w«re entitled to receive granta from the Grown, and for that reaaon rtKwuimeiided the Bill to the legialatura. Mr. Rothwelb in IiIm reiiort, cited in the petition of the Eaquimalt and Nanaimo Bail- way Company to Hia Excellency, arrived at the concluaion that theae aettlera had not baen fairly treated, the aamo concluaion having been arrived at by Your Honour's ad- viaers, the only difference between Your Honour's miniaters and Mr. Rothwell being Uw mode of redreaa. In conclusion, the committee aubmit that the Act in question ia fairly within the powen of the legislature, aa dealing with property and civil ri^hta. and in this oon- m), ' An Act respecting certain Land Grants,' wherein after reciting that the gravamen of the objec- tion waa that royalties were imposed upon the timber standing upon the landa grants to the Kaalo and Slocan Railway Company and ihe Nelson and Fort Sheppard Railway Company by way of subsidy in aid of the railway, and that whereby the value of the timber of the railway companies waa impaired, namely that there was an interference with vested rights. The minister remarks as follows : — ' The undersigned does not deem it necessary to consider in detail the remarka of the Attorney General. He doea not acquiesce in all of them, but the undersigned baaea hia refuaal to recommend disallowance upon the fact that the application proceeds upon ground* affecting the substance of the Act with regard to matters undoubtedly within the legislative authority of the province and not affecting any matter of Dominion policy. It ia alleged that the statute affects pending litigation and rights existing under previous legislation and grants from the province. The undersigned considers that such legislation is objectionable in principle and not juatified unleaa in very excep- tional circumstances, but Your Excellency's Government ia not in anywiae responsible for the principle of the legislation, and as has already been atated in this report with regard to the Ontario statute, the proper remedy in siich ca«eii lies with the legislature or its constitutional judges.' It may be said after all this Act is only an Act to provide a meana for conferring a title in certain proper casea where justice requires title to be conferred, and not from or out of any property of the railway company, but out of lands reserved out of the « BOWARO VM., MM m fI^Ll"ir.^ the 8tttlMii«.t Act. aiMl in .ny etrent |.nds ■till mted in the Crown in rifnt of Um prorinor. Th« commHtoc. therofor,.. iwpwjtfully iiubmit that no goo,l ground exi.t. for th* •MTciM hy HU Excellency of the power of dlMllowanop in r^pcrt of the Act in quM- The committee advi«. that a «,py of this report, if approved, be forwardeii to the Honour.. 1,. the H.-cretary of Htate for Canadtt. I>«t«- this 21at day of May. A.D. UHM. (8jfd.) A. CAMI'BKLL REDDIK, Depul)/ Clrrk; Sxi-eutiv,- Council (Approved by Order In Council, H June, 190^.) Okpartment o»- JusTscr, Ottawa, .June 14, 19()4. To Uii Excellency the Gorernor General in Council: .».-J*r.""*/"'.l'"**' ^* tho honour to submit herewith hi^ re|H.rt up.,,, chapter 54 of the statutes of the proy.nco of Briti.h C lumbiu or 3 nn.l 4 Kdw.ird VII., .ntitW • Au W JUrik"^' '" "!'*"'" ''j"'"^"' '""'"" *'^''"' '*^ Esquimau and Nanui..,,. Ituilway lana belt tlwir surface and under-turface righta.' N-ni^r'S"'} •"" ^" »'"^"^d t° Vour Exc-ellency in Council by the KHquiuuilt and Nanaimo BuiJway Company praymg for the .iisallowance of this Act on the ground that U 18 an interference with the company^ right- in the lands contained in the rail- way belt a« assignee of the Dominion government. A copy of the ,M.titior is nnnex-^l to this report, fhia petition was communicated to the Li-utenant (Juv.-rnor of British Columbia with a request that His Honour would furnish Your Excellency's govern- ment with the olmervations of his niini^tern thereon, and there also is annexed to this r.^ « *T, "iJL 1 '^"l *•"■ ^'••'"''"">"' Governor to the Secretary of State. views of the British Columbia government with r*«ard to the petition. It IS unneccMary that the undersigned should enter minutely int.. the history of the railway belt m ,,ue«ti..n. It will he sufficient for present purposes to state that it was set apart in pursuance of the Terms of Union with British Columbia to be appropriated m furtherance ot the construction of the proposed railway to connect British Columbia with the eastern provineea; that by the provincial Act. 47 Victoria, .hapter 14. known as the hettlement Act. it wa* granted to the Dominion GovcrnnR-nt for the nurpose of conatnictmg and to aia in the construction of a railway lM-tw«.n Ei.|uiraalt and J^anaimo, subject to certain exceptions, and that the Esquimalt and Nanaimo Railway Company, the petitioners, are the assignees and successors in title of the Dominion Oovemment, as set forth in the petition. Utider these circumstances if the British Columbia Act woul.l have the effect as the railway t-ompany apparently fears, of divi-sting the company of its title under 'the grant from the Government of Canada in r,.8pe<.t of any of the lands in the belt the undersigned would feel it to be his duty to recommend that Your Ex<-ellency should exercise his power of disallowance in order t.) prevent the coiwummation of 'such an injustice The undersigned, however, is satisfied that the Act can have no such effect Although It recites that under the circumstances set forth in the preamble, the settlers referred to therein are entitleeration. Taking the view thus explained as to the effect of the Act, and l)eing of opinion that 8u<;h legislation is not iilirn vires of the legislature, the undersigufjd does not think that Your Kxeellency would be warranted in disallowing the Act merely because the railway company may be put to somr trouble, and expense in the assertion and defence of its title. Humbly submitted, C. FITZPATRICK, V. M inkier of Justice. The petition of tlie undersigned humbly sheweth: — (a.) The city of Vancouver, in the province of British Columbia, is incorporated under a special Act of the Legislative Assembly of the said province. (b.) It has been customary from time to time for the (;orporation to apply to the legislature for amendments to the said Act whenever the membrs of the city council thought amendments necessary, the corporation paying all the printing and other ex- I>enfies connected with the passage of such amemlment through the legislature. (c.) Towards the end of last year, the city council discussed the advisability of again approaching the legislature at the then ensuing session with a request for some further amendments — and being desirous first of obtaining the views of the govern- ment thereon, the city council caused inquiry to be made throtigh one of the aldermen, Alderman Bethune, of the Attorney (leneral, the Hon. ('harles Wilson, who assured the aldermen that if the corporation did not get what it wanted, it would at least get nothing that it did not want. (rf.) In view of this assurance, the city council imniediately made the neci'ssary preparations for presenting a private Bill for amending the city's Act of Incorpora- tion, the Private Bill being entru8t«>d to the car(> of Mr. James F. Oarden, one of the city's representatives, during its passage through the House. (e.) AlxMit the same time a certain Vancouver newspaper began to circulate a [letition addnssed to the legislature asking that on the score of mismanagement and annually rwurring change, the poli<-(> force, whitrh, patterned after the best models of the old country nuinicipalities, has been managed heretoforce by a committee of the council and is paid solely by the city, and which, it may be stated, does not form one- fourth of the total numbi-r of the city's employees, so that if there are mismanagement and changv in one, there is precisely the same reason for mismanagement and change in the other — should he taken from the control of lie city council and placed under a Iward of commissioners to be appointed by the Provincial Government. (f.) Out of a total of about }),.500 electors, this petition was signed by 600 |)ersona, only about 550 of whom are voters, and amongst those signing the petition, the liquor interest, for some reason, is well to the front. (ff.) This petition was presented to the House on December 11, last, but was not printed, and the House adjourned for the holidays the day after, and did not meet again till January 11. (/t.) On February i, Mr. Garden, who had been entritsted as above stated, with the care of the city's bill, without notifying the city council, or as far as the council knows, any one representing the corporation, gave notice (f an amendment to place the city police force in the hands of a board of commissioners, as asked for by the petition. 4 EDWARD VII.. 1904 If? (I.) Ihis notiw Rppt-nwHl in tho Orders of the Day on Satunlny. Fobnmrj- 6. and he oarhest tin.o at which a copy of the sai.l (Morn of the Day ooul.l arrive from Vic- toria and be distributed by mail in Vancouver, was Monday, February H. I J ■* ^" i*** Tv"*' "' "'"' '"""'■ *^"''- February 8. the .-ity council ni.t and re- solved to send, an.l did send, urgent t<.leKran.s to all tiv of tb^ city's r^'presf'titatives strongly prot<-8tinK asain-st the insertion of the proi)ose.l aniendnietit. (A-.) In spite of Huch prott>st. and l)efore the city council bad time to make its teel, •«?« or the f«.l.ngs of the citiwn*. kn..wu either to the opposition or to the other r:...n.>.-- ut the House, the Hill .■ontaininK the objectionable ainend.nent was rushed t irou^h ni' wn;,i .s stages, read a third time, passed and ass,M.tcd to. all bv Wednes- fl'i.v l'i'l)ruM»y I'l. • . ^'ri.'" "'" ', "*' "') **"' ^•'••<"""»«»"''<-«-*. .voiT iKJtitioners humbly pray that the afore- -.. J. I. ,.a«s,.d at the session of tlu- b-gislnture just ,.lo«.d. being Hill known as Ao. i,4, and .a led 'An Act to amcn.l the Vancouver lucrporatiou Act, liMK).' be disallowed; and they do so for the following reasons, viz.:— 1. Acting on the authority conferred on them by the .said Hill, the Provincial Government has juat api)oint<-.l a Board of P.,li,.p ('o„m,i9.Hioners for Vancouver all ot whom are more or less promiiH-nt membi'rs of the ('ons<.rvative Party 2. A partisan Poli.x. Hoard of this nature always failed and became „ fruitful source of corruption wherever it has been tried. 3. The people of Vancouver think as long as they pay for tluir police force they have a right to control it-in prwf of wlii.-h it may b,. stated that at a largely attended public meeting of the citizens held on T«<«day. February 2.i. a ^solution strongly condeinnatory of the course of the government in the matter was pas.^.d. with only one dissenting voice. « •*■*■. '^^"?" f:*'^'""-* •;" '"""•>■ ^'d.ject.s have Ikhu pr<.s,.nted in times past to iIk; British Columbia legislature, but it i.s safe lo say that never l..fore was there a petition the pra.yer of which had such a Himsy basis. „r was act<..l u,)on with such undue, not to say such suspicious huste. a.s the oiu" referred to above. 5. The statements made on the iM-tition. aiul on which the legislature presumably acted, are either false or mean nothing-f«ls<> as fur as mismanag<.ment is concerned, because during all the years in which the police hav Ik-cu under tlu- .ontrol of the city council, their management will coinpar.- favourably with that of any other city of similar size in the Dominion, and can mean nothing .so far as unnuallv r.-curring change is coia-erne entitled to vote at any election; and by the ■ ?rpretation clause the words ' Chinaman ' and ' Japanese ' are defined to include any ^.-rson of these races respectively whether naturalized or not. The Naturalization Act, R.S.C.. chapter IIIJ, section l.'., provides that an alien to whom a certificate of naturalization is granted shall within Canada b<> entitled to all pohtical and other rights, powers and privileges, and be subject to all obligations to which a natt." il-born British subject is entitled or subject within Canada. The undersigned does not doubt that a legislature may detiiie the local franchise, but lie considers that Your ExeelleiK'y's Government ought not to approve of the policy of a legislature withholding from naturalized British subjects merely l)ecau.se of their race or naturalization right.<« or privileges conferred generally upon natural-born British sr' >t8 of the same cIhss. Parliament having exclusive autliority with regard to natu- i^..^at!on and nlien.s has, the undersigned apprehends, the right to declare what the effect of naturalization shall be, and local legislation which is intended to interfere or has the effect of interfering with the apparent policy of parliament in the exe-ciso of its powers with i-egard to any subject may, in the opinion of the undersigned, even if it can be held to be intra vires of the legislature, properly be disallowed by Your Excel- lency. It appears to the undersigned to be quite undesirable in the public interest that naturalized British subjects should be made subject to a disability or exceptional treat- ment having regard to the rights conferred upon British subjects generally, and he iinder^tHnds tliHt that view is txpres«il i.r iriiplird in the .=ection of ttie Naturalization Act above referred to. The undersigned would for that reason recommend disallow- ance were it not for the fact that the provisions in question are merely re-enactments 9 '•-i ''^ \ i u ISO BRITISH COLUMB4A LEOULATION of similar provisions which have been standing in the BritisI' Columbia Section Acts for a number of years. The disallowance of the present sistute would not, therefore, affect the law of British Columbia in this particular. The undersigned hopes, however, that this matter will be further considered by the provincial legislature, and such amendments made as may be necessary to remove the objections herein stated. Chapter 39, ' An Act to amend the Coal Mines Regulation Act,' contains only one provision. It is in amendment of section 2 of the Coal Mines Regulation Act. R.S.B.C. (1897), chapter 138, whereby it is enacte legislature in extending the meaning of the word ' Chinaman ' in this Act where it nas been held by the highest judicial authority incompetent to the legislature to enaot the provisions in which the word occurs. The amending Act is also objectionable as apparently attempting to deprive naturalized Chinamen on account of their naturalization, of rights which they now have. For these reasons it appears to the undersigned that this Act should be disallowed. Before recommending such action to be taken, however, he considers that a copy of this report, if approved, should be transmitted to the Lieutenant Governor of British Columbia for any explanation or remarks which he may desire to offer, and that he be particularly requested to inform Your Excellency's government as soon as possible as to what object within the legislative capacity of the assembly is intended to be accomplished by this Act. Upon receiving a reply from the Lieutenant Governor it should be referred to the imdersigned for further consideration. Humbly submitted, C. FITZPATRICK. Minister of Justice. (Approved hy Order in Council, 20th JaniMry, 1905.) Departme.nt of Justice, Ottawa, November 16, 1904. To His Excellency the Coventor General in Council: The undersigned has had under consideration chapter 26 of the Acts of British Columbia, passed at the last session of the legisls ure (1904) intituled ' An Act to rfegulate immigration into British Columbia.' i EDWARD VII., 1904 ta This Aft bears the same title mid is esspiitially of the same eflf.H-t as other Act» ot the province which have durinpr recent years been disallowed by Your Excellency. It prohibits the immigration into British rohimbin (subject to cortnin exceptions) of any person who when asked to do so by an officer fail* to write oi:t at dictation in the character of some lanifuage of Europe and Mgxx in the presenc*' of ihc officer n passage of fifty words in length in an European language directed by the officer. Amonfc other immiRrants excepted from this prohibition are tlio«. excepted l.v cer- tificate in writiiiB of the Minister <'harKed with the administration of the Act" or of any officer apjiointed to enforce its provisions. Power is confcrre provincial officer* in the performance of their duties under the Act. Regulations mav be made by the Lieutenant Governor in Council to empower officers to determine whether anv person 18 a prf)hibitod immigrant and to prescribe a tariff of fees to be paid bv persons to cover any exjienses which may be incurred in determining whether such' persons are or are not prohibited ininiigrants. J*?'? ^^^' ''•♦"'■•'f"''*'- contains all the provisions which have In-en condemned in the British Columbia Immigration Acts recently disallowed. The grounds of objection to these Acts have been stated and reiterated on behalf of Your Excellency s govern- ment. See particularly the reports of the Minister of Justice of 5th .Tanunry and ^th September. 1901, upon which the Act to Regulate Immigration into British Columbia of 1900 was disallowe<]. The undersigned does not consider, in view of the past correspondence and action of Your Excellency's government having regar.l to such legislation, that any object 18 to be attained by further communication with the local authorities, and he recom- mends following the decision which was previously reached, and the course adopted on previous occasions, that thi.s Act be disallowed. lie recommends further that a copy of this report, if approve , be transmitted t" the Lieutenant Governor of British Columbia for the information of his government Humbly submitted. C. FITZPATRICK, Minister of Justice. AT THE GOVERNMENT HOUSE AT OTTAWA. The 20th day of January, 1905. Present : His Exi^elhncy the Governor General in Council. Whereas the Lieutenant Governor of the province of British Columbia with the Legisktive Assembly of that province did on the 10th day of February, 1904, paas an Act which has been transmitted, chapter 26, and intituled ' An Act to regulate immi- gration into British Columbia.' And wnereas the said Act has been laid before the Governor General in Council to- gether with a report from the Minister of Justice, recommenau.o that the same should be disallowed. Therefore the Governor General in Council has thereupon this day been pleased to declare his disallowance of the said Act, and the same is hereby disallowed accord- ingly. Whereof the Lieutenant Governor of the province of British Columbia and all other pcradps whom it may concern are to take notice and govern themselves accord- ingly. (Sgd.) JOHN J. McGEE, Clerk of the Privy Council. 9i :A n % ■'- ■ '■!■ S 3i ^1 -I : j I H '1 ^1 ■I ^ us BRITISH COLUMBIA LEOI8LATION I. Sir Albert Henry George, Earl Grey, Governor General of Canada, do hereby certify that the Act passed by the Ix>Kislature of the Proviuoe of British Columbia, on th? lOih day of February, 1904, chaptered 26, nnd intituled ' An Act to regulate immi- gration into British Columbia,' was re<»ived b> the CJovernor (General of Canada on the 24th day of March, 1»04. (iivi-n under my hand ami seal at Ottawa this 2()th day of January, 1906. (Sgd.) GREr. AT OOVERNMEXT HOUSE, VICTORIA, B.C. The 2-th of January, 1905. Sir, — I have the honour to forward herewith, a copy of a report of the Attorney General (drawn after due consideration of the views expressed in the report of the Honourable the Minister of Justice) approved on the 26th iiwt., relating to the ' Provincial Elections Act ' and thi' ' Coal Mines Regulations Act Amendment Act, 1904.' I have the honour to be, sir. Your obedient servant, HENRI O. JOLY DE LOTBIXIKRE, Lieuienant-GovJrnor. The Honourable, The Secretary of State, Ottawa, Canada. Copp of a Report of a Committee of the Iloiwurahle the Executive Council, approved by Hit Honour the Lieutenant Governor on the 26th day of January, 1905. The Committee of Council have hod un«i8lature. j^rhnps the whole of them, Your Honour's Ministers <-nnnot n-o.^nniend. nor take the res|K.„8,bility of adopting the suggestion of the Minister of Justice that the matter should U, further considered by the legislature. Th.> onlv wnv in which \our Honours Ministers would feel justifi.-d in testing the views of the' legislntnre would he by bringing down the repi.rt of the MinJM.r of Justie.- and asking for an expression of opinion, but the un.lersigned is quite .-.rtnin as to what the reault would be. and hence it soenis hardly proper to 8ub= -t the views of tlu- Minister of Justice to such a severe test. The general consensu, of opinion throughout the province is very strongly in supjM.rt of the view that the^ persons should not be ix-rmitted to be on the voters list. As the Minister of J„sti.H. ..oii.ts ,mt, disallowance would not change t.ie law upon the subject, and that the pmviiue has the undoubto provision objected to is one contained in section 5 to the effect that persons appointed to the position of judges of the Supreme Court, shall be barristers of not less than ten years' standing, five of which shall have been spent in actual practice at the bar of this province. It is submitted with the utmost confidence that the provision is a reasonable one. It was part of the Statute Law of British Columbia from 1878 to 1899, when it was repealed for party purposes. It appears in the Revised Statutes of Ontario, 1897, chap- ter 21, 8. ;}, SS. (6), except that ten years actual practice at the bar of Ontario is re- quired, instead of five as in the section under discussion. The undersigned regrets that he cannot assent to the proposition of the Minister of Justice tha'; the section is ultra vires of the pi, vince. Even if it were, it is sub- mitted that that is i.o reason for the disallowance oi the measure, but that it should be left to its operation and the determination of the courts. If, however, the Minister of Justice proposes to recommend the disallowance of the Act as being contrary to the policy of the Dominion Government, then that is a reason of a paramount character, and the undersigned has nothing further to say on the subject. In any event the Act is one of so great importance to this province, and its dis- allowance now and re-enactment next session woufd possibly create so much trotible and perhaps litigation, with consequent expense, there seems to be no course left to Your Honour' Ministers, in view of the threat of disallowance, but to assent to the terms on which the Act will be allowed, namely a promise to repeal the section at the next session of the Legislature. Dated this 19th day of January, 190.5. (Sgd) CHARLES WILSON, Attorney General. (Approved by Order in Council H February, 1906.) Departmext of Justice, Ottawa, February 4, 1905. To Hii Excellency the Governor General in Council: The undersigned referring to his report of 29th October last' with regard to Chapter 15 of the Acts of British Columbia, 1904, intituled 'An Act respecting the i BOWARU VII., 1904 Ui Constitution. Praotiw hiuI PrcKfilun- of tho Supniiif Court of Britiith Columbia, and for other purpodes rolutiuK to the adniiiiiHtriitioii of justir.-.' hax hud un.li-r (-(inniilera- tion thr wport of thp Kxecutivc Council of Briti«ii Columbia, approved by the Lieu- tenant Governor on 2rtth ultimo, oonourrinu in tlw n-port of the Attorney (Jeneral of the province upon the dexputrh of Your ExwUeneyV (ioverninent, by which the At- torney Ocneral states, after reviewintr the cirpuumtnnces from hia point of view, that there seems to be no courHO left but to assent to the terms on which the Act will Iw allowed, viz.. a promiite to n>peal section 5 at the next *e>*Hi..n of the Lejrislature. The undersiKued rodrardinK thin as un usMurnnce of the Government of British Columbia that the clause in tiuestion will be no reix-aled. recommends that no further action will be taken by Your Excellency's Oovernnient. Humbly submitted. C. FITZPATRICK. Minigler of Justice, ' i 3 h .1 tf ^' f M ^ m 1« BRITMH C~.irMIIIA LEOULATION BRXTZBH COX.UMBXA. 6 £DWAXO Vn., 180«. :i Canadian M^MurArTrRCRH' Association, ToBONTo, March 29, 1905. Hon. Chab, Fitzpatrick, Minister of JuRtice, IIouw of Cuniinoiiit, Ottiiwii. My Dear Sir.— Thin aMociatinn Iihm h-nriiiil with iWp n-jfrot that thi- Logiflnture of the Proyini-e of British Columbia han mh-u tit to pa.v< an Act inipoiting n tax on representatives of outside firms iloinif husiness in that provinee. Supporting the views of our aasooiation, I may say that, as a IK)minion organization, we are desirous of removing all extra pruvint-ial Uw» whieh tend to diminish the transactiun of bi^i- ness between the various provinces of the Dominion. All such laws we look upon as unnatural barriers tending to separate pr(ivin(H's whieh should b«' more closely drawn together. In the expression of this view, the following res«dution was adopted at the last annual convention of this association held in Montreal last September:— ' That during the coming year the subject of extra provincial legislation sliould re«-eive special attention t »in the branches of this association, and an effort made to le '1,6 such obstacles to trade, and to enctiurage the freest possible intercourse b't' cjn the producers and consumers of all the provin> -s.' It is therefore our sincere hope that the British Columbia Bill referred to may not become law, and we wUl heartily appreciate such steiw as you may take in this direc- tion. With thanks in anticipation of your kind consideration of this matter, I have the honour to be. Your obedient servant, K. J. Yor: Victoria Liberaf. Association, Victoria, B.C., Aj)ril 14, 1905. The Honourable the Minister of Justice, Ottawa. Dear Sir, — I have the honour to enclose you resolution passed at a meeting of the Victoria Liberal Association held on Thursday evening, the 13th inst. Yours truly, A. B. FRASER, Secretary, Victoria Liberal Association. Whereas, the legislature of the province of British Columbia saw fit to provide at the late session of the House, to impose a tax on commercial travellers representing firms outside the boundary of the province. And exception has been taken to this legislation by people residing ntit«ide of the province, who, it is reported to this fissocia- tion, have sent deputations to the government at Ottawa, asking for the disallowance of the Act. Therefore, be it resolved thot this, the Liberal Association of the city of Victoria, says that the actions of '"^e said deputations are unwarrantable interference with the i BDWARH Vn., >M< U7 Ama,*tH' ^ffHir- ..f Brit.,., f?oI,„„l.i.i. .nrH for Hritinh Columhin. (Ainiror,il by Order in Cuuncil dH April, 190S.) DkI-AKTUENT of JlXTHK, Ottawa, April 10, 11)05. To Ili» Exft'lh-nra Ihr Gnifrnor (hnernl in C'liincih Th.' un.l.-r»iKn.Ml lw» hud under .•oiwidenition the following atiitutcH of the Uaif htive A.,«.,„l,y of nritiah (\.l..mbiH. an^nted to on Mth in-tant. and m^eive.l by the Secretary of State for Canada on 19th instant. vi«:— No. 67, ' An Act to regulate immigration into British Columbia'; No. 81. 'An Act relating to the employment on works carried on under franehisea iiranted by Private Acts'; No. 85. ' An Act further to uiriend the " Coal Mines R-g^ilntion Act " ' Former enactments of these statuU* by the Wislntive A*«.mbly of British ( "'"mb.a have unon previoiu. occasions be,-!, f.dly ,»niment..l upon and diaallowed. and the views of Your Excellency's Government with nwanl to them are well known ihe undersigned nty-«iKhth day of April, uinotwn hundred and live. (Stfd.) OUEY. At tmk (iovKRNMKxr lloi MK .\r Ottawa. 2»tli duy of April, liMtS. Present: The (Jovernor (leneral in Council. Wheroaw the Lioutenai.t (Jovernor of the Provint-e of British Columbia, with the Legislative Aitaembly of that pruvitiee, did on the 8th day of April. liMt.'i, poM an Art which haM been transmitted, chaptereil n\, hiuI intitiileil ' An Act ndatiiiK to the em- plo.vincnt on worlcM >'urri«'d on uuiUt frHnchiwH Ki^ntert from the .Minister of .luittice, rcconniu'iiilinK that the Hnid Act should In> (ligallowetl. Therefore the (jovernor (Ieneral in Council has thin day been pletiHed to declare hi)« ili4Hllowan<'<' of the xaid Act, and the same ii* hereby diitHllow<>d uccordingly. Whereof the Lieutenant (Jovernor of the Pnivinw- of Rritixh (.'olumbia, and all other {icntona whom it may concern, arc to take notice aiul Rovern themselves accord- ingly. JOHN J. MfOKK. Clerk of the Privy Council. Ilis Honour the Lieutenant Oovemor of British Columbia. I, Sir Albert Henry (leorge. Earl Clrey, Oovemor General of Canada, do hereby certify that the Act passed by the legislature of the Province of British Columbia on the eighth day of April, nineteen hundrid ami five. chaptcrefore the Governor General in Council, together with a report from the Minister of Justice recommending that the said Act should be disallowed. Therefore the Governor General in Council has this day been pleased to declare his disallowance of the said Act, and the same 's hereby disallowed accordingly. When-of the Lieutenant Governor of the province of British Columbia and all other i>ersuibi whom it may eoneeni, are to take notice and govern themselves aewrd- ingly. JOHN J. MoGEE, Clerk of the Privy Council. His Honour the Lieutenant Governor of British Columbia. I KDWARO VII., ttOt 13* certify that the Ait ,.h-m.I I.v tl... I. Ottawa. Dkar Sir,— In ronnecti.m with th<> l<'Ki'«Inti<>n ..f ilw I>p..vi of Hriti,h ('.dun.- hia imiMMinK n tux on omin.Tdal trnvollon. fnm. ..thtr p.irt^ ,>f Caiuuli. .jniuK Imih!- neM in that province. I un.lerstanil certain pn.tmta have bwn made to you in connection with th.- said legislation, and that the r>..niini»n RoviTutmnt h.i* Ik.u ink.-.! t.. .x.rfi,.. a veto. I am instructed by the executive of the association to support the ctTorti which an? Iieing made to have this logislation annulled, and I trust that it may be deemed c'xpe«lient by your department to veto the Act referred to. O. E. FAULKNER, Sfcretary. Ottawa, March 30, 1!M)5. The Right Honourable 8m Richard J. Cartwrioht, Minister of Trade and Comnierce, HoNoiRADLE Sir,— The undersigned representatives of tlie varioiw Comim-rcial Traveller»' Associations of Canada, in amvention a^neiubled at Ottawa thi« dav iHluntcd the following resolutions: — ^yherea8 the Leirislaturc of British Columbia has pa««-d n Bill (which now awaiu the siKiiature of the Lieutenant Governor in or.k>r tu Ux-onK- law) iiiijiosiiiK u tax of $100 on all commercial travellers soliciting onlers in that province who are not retiiilents thereof, and Whereas such a tax on conimorcial travellers would have a great temlencv to unduly restrict trade, we desire to put our8elvt>8 on record a« stronglv oppose,! to 'any specia tax that would seriously affect the trade and commerce of the Dominion We, therefore, pmy that the Dominion CSovernment, of which vou are the honoured representative, may intervene and prevent thi.s obnoxious license "becoming law. T. MfQriLI^\X. President Commrrcinl Travellers' Association of Canada, Toronto. and 12 others. MoNTREAi,, June 14. 190,5. The Honourable Charles Fitzpatrick, Minister of .Tustice, Ottawa, Ont. HONOIRABI.E Sir.— Ever since the new law recently enacted by the province ol British Columbi.'j taxing commercial travellers $50 for entering that province lo solicit orders for goods, we have nn-eived numerous complaints from the members of the asso- ciation protesting rgainst this obnoxious license which that province has seen fit to impose, and while they may be acting within their rights by imposing such a licenne it '■y--^ 140 BRITISH COLUMBIA LEGISLATION r r.\ \l ia doubtful if their object which is to increase the revenue of the province will be nccompliahed, as this fetter to trade and commerce will deter many commercial travellers from going to British Columbia. On March 30 last a strong deputation representing the various Commercial Travellers' Associations in Canada, waited on the Honourable Minister ot Trade and Commerce as well as the Finance Minister, to whom we made known our grievance and registered our solemn protest, suggesting to them that when the question of provincial subsidies comes before the House that the recent action of British Columbia be borne in mind, and if'possible a compromise 1* made by granting a certain amount, provided the tax on commercial travellers be done away with. This, sir, seems to be a reasonable way to get over the difficulty, and we would respectfully ask you to bear this suggestion in mind when it comes before your department. I have the honour to be, sir. Your obedient servant, H. W. WADSWORTH, Secretary. (Approved by Order in Council 28 June, 1905.) Department ok Jistice, Ottawa, June 13, 1906. To His Excellency the Governor General in Council: The undersigned has had under consideration an Act of the Legislative Assembly of British Columbia, assented to April 8, 1905. intituled 'An Act for licensing commercial travellers.' The Act provides in effect that no commercial traveller, agent or other person not being a resident or domiciled in British Columbia, shall take or solicit orders either for himself or any other person for any goods, wares or other effects to be imported into the province to fill such orders unless he shall have procured a license therefor, for which a fee of $100 or $50 according to the class of goods, concerned is payable every six months. The Act prescribes a penalty not exceeding $100 in addition to the license fee for soliciting or taking orders contrary to its provisions. The undersigned has received correspondence objecting to this Act from the Com- mercial Travellers' Association of Canada, the Canadian Manufacturers' Association and the Maritime Commercial Travellers' Asasociation. These bodies claim that the Act should be disallowed as ultra vires, because it interferes with or restricts inter- provincial trade, and discriminates against commercial enterprises established outside of the province. The undersigned considers that these are grave objections. It is true of course that a province may raise a revenue for provincial purposes by direct taxation within the province. The Dominion parliament has, however, exclusive authority to regulate trade and commerce throughout the Dominion, and the provincial power must not, in the opinion of the untfersigne*!, be executed in such a manner as to trench upon the paramount authority of parliament. It is obvious that a large license fee payable at frequent intervals, such as is required by the Act in question, exacted from the agents of persons or companies domiciled out of the province where no corresponding fee is required from those within the province must oi)erate to discourage trade betwitni British Columbia and the other provinces, and it would seem perhaps to be intended for the protection of those resident within the province rather than for the purpose of raising a revenue for provincial purposes. These considerations lead the undersigned to doubt whether the Act is within the scope of provincial powers. It is provided by the British North America Act, 1867, section 121, that all articles of the growth, produce or manufacture of any one of the provinces shall, from and after the Union, be admitted free into each of the other provinces. It would be im- possible, therefore, for the province to impose a direct tax or duty upon goods imported 8 EDWARD VII., 1906 Ml tri^ZoWK^T'"'*!, ?* P™"'"'?" "'"'P'^ned of seems, however, to have indire.tlv Th^ • 1 !^J' °^ 'J""""'*! t»'^''-eii made the subject of a considerable ehawt- other people is direct taxation. It is plainly not a tax intended to be ultimately borne by the persona who are primarily required to pay. "'"mate.y borne apart from the question of its constitutional validity should be allowed to remain in KSment """ " """" "'' ^"'"'^ '"' *'^ consideration of Your ExSoncy's The undersigned recommends, therefore, that a communication in accordance with this report be sent to the Lieutenant Governor of British Cnlnml.ir nT T receiving hU reply the matter may again be referred to thfundersS^"*""' ""'* "''" Humbly submitted, C. FITZPATRICK, Minister of Justice. The Minister of Justice, Toko.nto, June 28, 19<»5. Ottawa, Ont. Provt^cToYBritlsV^oluXa'al^lt''^' 'ru' ''"^"*'°" *° '^^«'''*'- P««««d by the 'AnActtoamenrLSi'ieslct lT»7^^\^^ "/V',' ^'f"^^ "' ''''' '"^^ is as follows •- "™Panies Act, 1897. W e particularly refer to section 2, which undersigned, it is not within such legi.olative authority to ..rnvi .. , V T" °" °* ^'^^ shall not do business within , he provS.ee witir.ltkSC.raTic;; t' Wt at ^pTiXe"' follows! " " ^'""^ '''"^' "" '"'^'^'"^•^^ P"^''' "> t;a„adn. at p'SI! „s 'Ministers of Justice have always strenuously objected to nrovincinl A..f. ;„.^ -ng the necessity upon companies incorporated under the w o thTSted inXm or of the Domunon. of taking out a provincial license before dl'V buis in th^ p ovince; and wh,.„ such Acts have contained expres. prohibitory pn.v- oT fori, .1 ding the doing of business without obtaining such license, they have h.^n d isal owS the ground being distinctly taken that they are ultra r,V..,. although otk." "l of objection to them are also assigned.' ^rounos ot Before deciding to pay the license fe,^ we desire to know whether yon t-.k.. .K i I ■4 ' , } t ^: •i ■ \ 'i n 1 1 I Ml BRITian COLUMBIA LEOrSLATION You will note that in the portion of the Act objected to a company is disabled fram doing: business after the first of July. 1906, unless they comply with that Act, and our company is vlesirous to say that if, notwithstanding the pressure of parlia- mentary business you can give it attention before that date, it will save many compli- cations. We have the honour to be, sir. Your obedient servants, McMURRICH, HODGINS & McMURRICH. Department of Justice, Ottawa, June 29, 1905. « Messrs. McMurrich, Hodqins & McMirrich, Barristers, Toronto. Gentlemen, — I am directed by the Minister of Justice to acknowledge receipt of your letter of the 28th instant, received this morning, 29th, asking that the Govern- ment will give its attention to an Act passed by the Province of British Columbia, being Chapter 11 of the Statutes of 1896 (presumably 1905), entitled 'An Act to amend the Companies Act, 1897,' with a view to disallowing the same before the Ist of July next. In reply I am to inform you that it is altogether impossible to accede to your request. The time for consideration by this department and afterwards by the Privy Council, and for obtaining His Excellency's assent to a disallowance of the Act, if such a course should be recommended, before the Ist of July next is altogether insuflS- cient. I may add that the Government have until April 21, 1906, to consider the ques- tion of disallowance. I have the honour to be, gentlemen. Your obedient servant, A. POWER, Acting DMJ. (Transferred to Minister of Justice, 7 July, 1905.) The Western Ontario Commercial Travellers' AssoaATiON. London, Canada, July 6, 1906. The Honourable Sir Richard Cartwrioiit, Ottawa, Ont. Sir, — I have the honour to inform you that I have been instructed by the execu- tive of this association to request that the Government will disallow all the recent legislation of Provincial Legislature imposing a license tax on commercial travellers, as we believe that all such legislation is in restriction of interprovincial trade, and a serious source of annoyance and irritation to the commerce of the Dominion. Trusting that this will meet with your favourable consideration, I have the honour to remain, sir, Your obedient servant, ALF. ROBINSON, Secretary. 5 BOWARD VII., IMS Mt (Transferred to Minister of Jmlice, 8 July, 1905.) Dominion Commercial Travellers' Assocution, Sir Richard Cartwrioht, ^"'™"'" "^"'^ '• '''''■ Minister of Trade and Commerce, Ottawa, Ont. ♦J.of ^*'*'v"^'^ SiH,-We are very much pleased to notice by the reports in the press tha the Federal Government has forwarded a communication to the Executive of the JJntish Columbia Government, inviting them to withdraw the Statute that it passid at a recent session of its Legislature imposing a tax of $50 on all commercial travell.rs from other provim-es, and we sincerely beli.-ve this report to bf t.ue. If the provinci >1 author- ities do not feel like responding to the request we trust the Federal authorities will exercise their power and veto the Act. f ♦wofi'" *'"■'* *''*,* -T^"' honourable body w... .ake the same action with regard to the $300 tax recently imposed by the Quebec Legislature on all commercial travel, lers not residing in the province who represent foreign houses not having a branch or place of busing in Canada. We are constantly receiving correspondence fr^m travel- lers in the Lnited States, as well as personal inquiries from travellers who reside in sister provinces who arrive here to do business, and when confronted with a $.300 tax It 18 simply prohibitive, and they pack up and leave. With such conditions prevailing it 18 not unlikely that other provinces will retaliate with a similar measure, and inter- provincial trade would be seriously hampered, and n restriction put up<,ii trade and commerce that would affect the whole Dominion. We need not point furthe- to the serious asiieots of this question; thev arc no doubt quite apparent to you. Uur object in writing is to register our .solemn protest agai!:8t these obnoxious laws taxing commercial travellers, and tliereliy hinde it g t'le fre<> intercourae of trade which we are anxious to see extended in this fair Doiniuion of ours, and we trust, sir, you will do all in your power to meet our views in this matter. I have the honour to be, sir. Your obedient servant, H. W. WADSWORTII. (Transferred to Minister of Justice, 10 July. 1905.) The Northwest Commercial Travellers' Association of Canada, IT Q. T, ^ Winnipeg, July 5, 190.5. Hon. Sir Richard Cartwrioht, G.C.M.G., Minister of Trade and Commerce, Ottawa, Ont. Honourable Sir,— Referring again to license tax imposed on travellers in British Columbia, and similar proposed legislation in Quebec, this association would again enter a most solemn protest against the Federal Government permitting such perni- cious legislation to stand. It is diametrically opposed to the intent and spirit of Con- federation, and IS besides causing very unwelcome and unfriendly criticism both in the old land and by our neighbours to the south. It is detrimental to the free inter- course and freedom of trade which should be maintained between the various provinces of the Doniinion. The source of this legislation is very evidently not the right one, as the boards of trade and kindred commercial organizations have condemned it in all the provinces, showing clearly that from a business point of view it is bad for thp Dominion as being in restraint of interprovincial trade. Trusting that your most favourable consideration will be driven this important matter, and that immediate steps will be taken to put a stop to this obnoxious tax. Yours respectfully, NORTHWEST COMMERCIAL TRAVELLERS' ASSO. OF CANADA. Fp«d, J. C. Cox, Secretary. 11 k ■Jn I I IM BRITISH COLUMBIA LEOISLATION (Trantferred to Stinitter of Justice, 10 July, 1905.) Thk Maritime Commercul Travellkrb' Absocution, Haufax, N.S., July «, 1906. Hon. Sir Bichard Cartwright. Minister of Trade and Commerce, Ottawa, Ont. Dear Sir, — I am instructed by the executive of this association to direct your special attention to the Act of the Legislature of British Columbia imposing a tax or license upon commercial travellers from other provinces of the Dominion who do busi- ness in that province. This assooiation, in conjunction with other commercial bodies here and elsewhere, protested vigorously against the enactment of this law, but our protests were unavailing. The question has been raised as to whether legislation of this character is intra vires of local legislatures, but in. any case we regard it as very obii'ixious, tending as it does to hamper and interfere with an unrestricted commerce b»'tween the two provinces. We therefore ask that the Dominion Government consider the expediency of disallowing the Act, and we beg respectfully to request that as Min- ister of Trade and Commerce you will give the matter your earnest consideration, and if possible support the request for n veto on the Act referred to. Yours truly, O. E. FAULKNER, Secretary. (Trantferred to Minister of Justice, 15 July, 1906.) London, July 4, 1905. The Bight Honourable the Minister of Trade and Commerce, Ottawa, Canada. Sm,— I beg to send herewith for your perusal, copy of a letter from Messrs. J. B. Lewis & Sons, Limited, of Stanford Street, Nottingham, in reference to the new law passed by the Quebec Legislature providing for a $300 tax on commercial travellers. The communication in question is one out of quite a number that has reached me on the matter, and indicates the general feeling among business houses who are in the hatit of sending travellers to Canada to represent them. I am, sir, your obedient servant, STRATHCONA, High Commissioner. J. B. Lewis & Sons, Limited, Stanford Street, Nottisoham, June 28, 1905. Dear Sib,— Referring to the recent impost of $300 for a license to sell goods iii the Stato of Quebec, we beg herewith to supplement the interview you kindly granted our representative, and to point out that this will press very h.irdly on manufacturers of staple products such as hosierj-. We respectfully suggest that this action will not make for increase of trade or tend to foster the acquaintance and confidence so desirable between manufacturer and buyer. We are continually told, ' Do not rely on agents, come yourselves and study our market and requirements,' and following this policy we have recently given up our resident agents with the intention of one of our principals making two trips each year. This tax will be a serious item in the expenses as the competition prevents any but the barest profits. Under the above circumstances we should esteem it a favour if you could ascer- tain what constitutes, in the ryes of the Quebec i.egislatur.., ' a place of business.' 6 EDWARD VII., IMS 141 Would an arrangement with any resident agent having an office come under this head, and if so is it necessary to prove that such person is really selling the goods and getting commission on the sales? Otherwise it would appear that only a brass plate bnd the use of a resident's name is required in order to evade the tax. Your kind interest ..ill be much appreciated, as we are naturally unwilling to pay what a lesa scrupulous competitor might succeed in escaping. Yours very respectfully, J. B. LEWIS k SONS, LIMITED, J. L. Lewis, Q. (Transferred to Minister of Justice, 15 July, 1905.) CoMMERci.xL Travellers' Assm iatiox of Canada, Tj* XT G- T> r. Toronto, July 14, 1905. Kt. Hon. Sir Kkiiard Cahtwriuiit, Minister of Trade and Commerce, Ottnwa. ■'^'^*"i.^"'~^'""'* *'*'«''"«l favour of the Cth instant to hand and noted. I trust that you have been able to get into the matter of the license tax on commercial travel- lers in tho provinces of Briti«h Columbia and Quehoo, nnd that the roports in the daily press are true that the Acts will be disallowed and we shall receive speedy relief. Since writing you regarding the Quebec tax, I have fuller particulars before'me, nnd from inquiries made fiijd it will be more objectionable than we first thought. The Act provides that a person not residing in the Province of Quebec representing one or more concerns not having a place of business in Canada is required to pay a tax of $300 per year for each firm represented. This will affect several hundred members of our and other p"iociationa who are residents of other provinces than Quebec, pay taxes, and in Bor s renting exjiensive offices nnd employing a staff of clerks but not actually carr> .,. ick for delivery, whereas ii resident of the Province of Quebec is not re- quir«l t. ' this tax. This we claim is most unfair, and while we object to the tax in "*^ u"'' "'* ^^^ objectionable feature is that it relieves the resident of the Province of Quebec and taxes the residents of every other province. There is a growing feeling of retaliation here, and we certainly think the Federal Government should step in and disallow provincial taxes of this kind. ^-"i.",^""i"^^^"*"''"" interviewed Mr. Fielding, he gave us to understand that if the British Columbia tax .should be a barrier to trade and commerce, they might have goo>gislature. If it be vUm vires, then it is respectfully submitted, the Commercial Traveller*' Associa- tion of Canada, the Canadian Manufacturers' Association and the Maritime Commer- cial Travellers' As-sociation are competent to test the question before the proper tri- bunals. If the Act in question should be contrary to the policy of His Excellency's (lovernment, then Your Honour's Qovernment can only further r«epectfully protest against a policy that interferes with the alrea '" limited right of the province to pro- vide a revenue for provincial purposes by direct taxation. Apart from the question of Dominion policy, the real question seems to be, is the proiHised taxation direct or in- direct? To suggest that indirectly the tax would operate prejudicially to the free interchange of products between the several provinces, and that the tax is not intended to be ultimately borne by the persoiLs who are primarily required to pay, is to state the final result of the original Act. The same result would follow from nearly all direct taxation. The merchant, in fixing prices, considers his license fees and the personal property tax on his goods. The auctioneer and the publican, in measuring the value of their services or the price of the article sold, are bound to consider their license fees. In fact all persons paying license fc«!s must take them into account when considering the expenses of tlicir business. The retail trader is, perhops, the best example. He pays a license to carry on business; his stock in trade is taxed as personal property; the land he occupies is taxed as real property. He is obliged then, when fixing the price of his goods, to add. among other items increasing their cost to the consumer, the license and taxes mentioned. So that it is, or may be — as stated by the Honour- able the Minister of Justici' — ' ultimately borne, not by the persons who are primarily required to pay,' but by the consumer; which, then is possibly the result of the taxes imposed. It never was the intention of the I^slature that any but the persons from whom the tax is demanded should pay or finally bear it. And it is respectfully sub- mitted that it does not follow that, because a tax may ultimately be borne by another, that it is not a direct tax within sub-section 2 of section 92 of the British North America Act. The Lords of the Privy Council, in Bank of Toronto vs. T^ambe, discuss this question and point out that ' The Legislature cannot possibly liavu meant to give a power of taxation valid or invalid according to its actual results in particular cases.' It is further respectfully submitted that, unless the Bill should be a clear and palpable attempt on the part of the province to invade the legislative field of the Dominion Parliament, Provincial Acts should not be disallowed by His Excellency the Governor General in Council, on constitutional grounds only. The efiEect of disallow- ance, except on the principle mentioned, is to make the Minister of Justice the highest judicial dignitary in the land for the de'ermination of constitutional questions, and in reality above the Supreme Court of Canada. The decisions of the Supreme Court of Canada are open to question in the Judicial Committee of the Privy Council. From tlie decision of the Minister of Justice there is no appeal. He stands alone. ■ BDWARD VII., 19M The wmmittw further rwpwtfully protest ng»\nnt the diullowance of Provincial Act» on the grounds of their beinjr both ultrn vire* and contrary to Dominion policy. When disnilowed upon the ground that they are ultra vim, either alone or in conjunc- tion with the question of policy, then, for the purpose of maintaining the rights of the province under the Britinh North America Act, Your Honour's advisers feel that such important and often doubtful points should be left to be det4-nnine L i diMi< iWCi.' 'I llTf .' the aa.i Aci %'l ..«..' lV; 1 us the laid Act has been laid before the Governor General in Conm-il, report from tlio Miniater of Ju8tr"<' reconiniendinir that the said Art b«^ lie Gov. /-nor General in Council ia pleaaed to «ic-clnre hi« disallowance of ii •" .uii ■ hereby diHallowod accordingly. Oth-r • >.uaut Governor of the province of British Columbia, and all 1- nwy concern are to take notice and govern themselvea acconl- RODOLPJIE BOrnRKAU. Clerk of (he Privy Council. T. Sir AJIiert G.,,rirc. Earl Grey, Governor General of Canada, do hereby certify that the Aet passed by the Legislature of the provincv of British Columbia, on the 8th diiy of April, 1905. No. 86, ' An Act further to amend the Coal Mines Regulation Act,' lieing chapter 36 of the Statutes of British Columbia, enacted at the lii^t aession of the Legislative Assembly thereof, was received by me ou the l»th day of Apri'. 1905. Given under my hand a 'd seal thi« 16th day of October, 1906. [Seiil.] (Sgd.) GREY. ToBONTO. October 4, 1906. The Hon. C. Fitz Patrick, K.C, Minister of Justice, Parliament Buildings, Ottawa. Dear Sir,— Referring to my letter to you of the 7th ult., concerning the com- mercial tax. I cited a probable instance of a man having to submit to a vexatious defence. Such a case actually occurred during my visit to British Columbia last month. About September 20, Mr. Cauldwell. manager of the Canada Paper Company, Montreal, visiting Victoria and staying with a friend took occasion to call upon a cus- tomer. The customer took occasion to settle a dispute of freight allowance and so forth. Then, asked Mr. Cauldwell if he had a certain kind of paper, and upon Mr. Cauldwell saying that he had one in his travelling bag, the customer asked to be allowed to see it; Mr. Cauldwell promising to call with it later; after doing so, upon leaving the store of his customer, he was accosted by the tax collector's deputy for the tax. Upon his stating that he was not on business and not soliciting business, he was threaten6tfiilly .voHM, W. E. WrriTKHEAD. IVr ir.A.W. (Approved by Ordfr in Council 1.1 Xovemher, 1006. ) I>EPAHTMKNT OF ,Il 8Tlt E. Ottawa, November 1, 19W6. To Hit Ereelhncy (hv Oovrrnor General in Council- Chapter 10. int.iul.Hl: ■ An A.-t for lioensiu« commoninl tmvolkrs' Chrtptcr 11. intitnk..! : ' An A.-t to „„.ond tho " CuMpunies Act 1M)7 " ' n.«pt..r IS. in.itulnl: • Au Ah further to aim-n.! th<. Sup.*nK- Curt A- ■ ' Chapter .>:.. in,i,uk.d: ' An A.-t fnrth, r to «me„.| ,h.. V.mu- Protection A, 189^.' Chapter 28, .M.tuled ' An Act to r..B„h.to i„,mi„r.Hon into Hriti.h Col.nul..,, ' und^t^LilS:::;' h;^riv^ -J^^- ^" •^- ^-'•--- - -^•^^ --^^'i on Chapter 3«. inti.u W : • An Act further to an.en.l ,he Coal Mine, KcKuiution Act ' couver I'bnd' """ "' ' '^" •''"* "'"""*'"'^ '*"■ ^""^•'«^ ^"•""^ «— ation. Van- pany^lS*"" '"' '"*""'"' '' ' '^" ^^" *" inoorporate the British Columb:, Sc^uriti. . Corn- Chapter 64. i«titu'eH ,Hra vires. thafTkT "V'^*'"r«' •:""^i'^'''''"» tl"- '^bj.c: „, so raised, is of th* opinion however that they do not afford any ground for intertcren .■ with the statute ""'^e^*''. fr„n •»"?']'' 'r"f- '"'■""■'■ ^"•^""""■"rf« "">t '> "'Py of this ri^port. if approved be ^ Humbly submitted, C. FITZPATRrCK, Minister of Justice. (Approved by Order in Council Se Map 1908.) Department of Jitrtsce, Ottawa, November 1. 1905. To His Excellent, the Governor General m Council: f„riht^ "ndersigned referring to the Order in Council of June 28 last has ha.I under further consideration chapter 10 of the Acts of British Colombia, 1905, intitw ^ I IM BRITIflH COLUMBIA LBOI8LATION ' An Act for Wcenainfs Commercial Travellers ' and also the despatch of the Lieu- tenant Governor of British Columbia, dated August 24 hat, transmitting copy of an approved Minute of Council, dated August 22 last, with reference to the report of the undersigned upon the said chapter. The undersigned is of the opinion that inasmuch as the Act in question proposes to raise a tax by means of licenses, the question of direct or indirect taxation may uot arise, and it is, therefore, unnecessary to consider the argument of the provincial despatch upon that question. Whether or not the Act is ultra vires upon any of the other grounds suggested in the previous report of the undersigned may conveniently be left for the determination of the courts. Upou questions of policy the undersigned is not prepared to recommend disallow- ance. The undersigned desires tu add, however, that he cannot agree with the contention of the British Columbia government that the fact that there is no appeal from the decision of Your Excellency in Council in matters of disallowance af^rds a reason for refraining from exercising the jurisdiction which is plainly conferred. The undersigned recommends, therefore, that the Act be left to such operation as it may have, and that a copy of this report, if approved, be transmitted to the Lieutenant Governor of British Columbia for the information of hia Government. Humbly submitted, C. FITZPATRICK, Minister of Justice. (Approved by Order in Council IS November, 1905.) Department or Justice, Ottawa, November 1, 1905. To Hia Excellency the Oovemor General in Council: The undersigned has iiad under consideration chapter 11 of the Statutes oi British Columbia, 1006, intituled ' An Act to amend the " Companies Act, 1897." ' Objection has been made to this Act on behalf of the Crown Life Insurance Com- pany, which claims to be incorporated by Dominion Statute, and to have an ofSce and be doing business in British Columbia. The objection is that the Act provides in effect that extra-provincial insurance companies shall not carry on business within the province without having taken out a license involving a payment of $260. It is urged that it is inr-ompetcnt to a provincial legislature to provi<1e that a company incorporated by the Dominion shall not do business within the province without taking out a license for that purpose. The undersigned considers that this is a question which may conveniently be deter- mined by the courts, and that for that reason, and in view of the past practice with regard to similar measures, he ought not to recommend disallowance. The undersigned accordingly recommends that the Act be left to such ojieration as it may have, and that a copy of this report, if approved, be transmitted to the Lieu- tenant Governor of British Columbia for the information of his Government. Humbly submitted, C. FITZPATRICK, Minister of Justice. (Approved by Order in Council IS November. 1905.) Department or Justice, Ottawa, November 1, 1905. To Ilis Excellency the Governor General in Council: The undersigcnd has had under consideration chapter 18 of the Acts of British Columbia, 1905. intituled 'An Act further to amend the " Supreme .Court Act."' 6 EDWARD VII., 190S m of n^t*"!^ tK^vi* ^l"^ P^"«"»;« ^. -PPointed judge, shall be barristem-at-Iaw 01 not 1MB than ten years' standing, of which ten yeare they shall have h«.n f.., fiJI years actively enfl-ag«d in practice at the Bar of BrWsh cSumbfa was ad^fv TZr^' ^'^ le*ri«laluro of British Columbia at the session of 1903-4 viaion.'^ '««'''•«♦'"•« hoa. however, by the following chapter re-enacted the same pro- p^nlJ^'iji •*■*"**' •^*'*"'P'*' ^®^ " undoubtedly ultra vires for reasons which have been explained m previous reports and the undersigncl ..commends that it ll^ disalZ^T Humbly submitted, C. FITZPATKICK, Minister of Justice. (Approved hy Order in Council 13 November. 1905.) Department of Justicb, Ottawa, November 1, 1906. To His Excellency the Governor General in Council: Columb1a""lS'^?I te ^"^ "?*^'" «""'''J«'«ti°n chapter 25 of the Statutes of British Su'a^' J " **^ -*" ^''^ *** "'"♦'"'' ^^'^ ' Game Protection Act, 1898.' otherT™:^i?rfor'£ p^rtronXm?'" '""^ ""'^^' ^"''^"- •'"'^ ^* -*"- he,«tofo,e""s^rK i'L:^7 °^ '*^ ^"f '•''' T""' Excellenoy-s Government ha« not neretotore seen fat to disallow provincial game laws of similar character, and because queshons arising thereon may be conveniently determined by the courts! dcis not de^m ^ sa^y at present to carefully consider the constitutionality of this7ct butT r rtir^ferimlir'aw"'^'"'"" ""* '''*''" ^''^ ^'^'^'"''^'^ -^''-^^ o^ P«"--" The undersigned further recommends that a copv of this reimrf \t or,n,«„^ i„ rermci^" ''' ''^^"""""^ "•'^-"- "^ «"*'«•• ^'i-^-^- sSormar;:?'hi: Humbly submitted, C. FITZPATRICK, Minister of Justice. (Approved by Order in Council 13 November, lOO.'i.) Depabtme.nt ok Justice, Ottawa, November 5, 1905. To Ext Excellency the Governor General in Council: r„I,.!5!„''^T!ff f " ^ ""'^^' «'"8'""^'«'«"« incorporating each of these companies to earry on the business of a general trust company, and in particular among other things to accept, fulfil and execute all such trusts as may be committed to the company to act as trustee in respect of securitiea issued by any municipal or other corporation in the province of British Columbia or .-IsewlK-re or by any province of Cana.la. or by the Dominioii of Canada, and to establish local boards of .lirectors or agcn.i.s either within Mritish ( olumbia or elsewhere in such manner as the directors may from time to time appoint. US LRITIBH COLUMBIA LBOISLATION There is no expreu provision limiting the biuineas of these companies to the pro- vince of British Columbia, and the fact that they are authorrised to establish agencies outside of the province shows that it is the intention of the legislature that these com- panies may extend their business to other provinces. The authority of a provincial legislature with respect to the incorporation of com- panies is limited by the British North America Act to the incorporation of companies with provincial objects. It was held by the Judicial Committee of the Privy Council in the case of Loranger vs. The Colonial Building and Investment Association, 9 Appeal Cases, 157, that the Parliament of Canada can alone constitute a corporation with powers to carry on its business consisting of various kinds throughout the Dominion. It is, therefore incompetent to the legislature of British Oolumbia to grant charteis so broad as these, and the undersigned considers that unless these Acts are amended so as to limit the business of these corporations to the province of British Columbia, it would be his duty to recommend their disllowance. The undersigned recommends, therefore, that a communication be sent to the Lieu- tenant Governor of British Columbia inquiring whether these two Acts will be so amended within the time limited for disallowance. Humbly submitted. 0. FITZPATRICK, Mmitter of Juatiee. (Approved hy Order in Council 17 November, 1905.) Depabtuent of Justice, Ottawa, November 10, 1905. To His Excellency the Governor General in OouncU: The undersigned has had under consideration chapter 45 of the Statutes of British Columbia, 1906, intituled ' An Act respecting the Songhees Indian Reservation, Van- couver Island.' This Act recites that it is desirable that the Indians now occupying the tract ot land within the city of Victoria known as tie * Songhees Reserve ' should be moved therefrom and rehabilitated elsewhere; that the consent of the Dominion Qovemment is necessary for the removal of the Indians, and that such consent may be obtained after the present sitting of the Legislative Assembly has been prorogued, and that it is expedient that if and when the Indians are removed from tlua said lands the Lieu- tenant Governor in Council should be authorized to dispose thereof. The Act proceeds to provide, therefore, that upon removal by the Dominion Govern- ment of the Indians from the said lands it shall be lawful for the Lieutenant Governor in Council to dispose of such lands upon such terms and conditions as may be deemed advisable. This Act can only operate, and as understood by the undersigned, is only intended to operate in the event of the interest of the Indians in the said reserve having been legally extinguished and the lands vested in the provincial Crown. In that event the statute is unobjectionable, but in so far as it is intended to operate, if it be intended to operate upon lands reserved for Indians, the Act is, of course, ultra vires. The consent of the Dominion Government being clearly made a condition to the removal of the Indians, and the disposition by the Lieutenant Governor of the lands, the undersigned considers that the Act may be left to such operation as it may have, and he recommends that a copy of this report, if approved, be transmitted to the Lieu- tenant Governor of the province, for the information of his Government. Humbly submitted, C. FITZPATRICK, Minister of Justice. 6 EDWARD VII., 1»0S |m AT THE GOVERNMENT HOUSE AT OTTAWA. 13th day of Novoiubcr, 1906, Present : The Governor General in Council. Tp«rJ«'jr"l *''® J'/*"*^T' ^°^«'-»'" "f tl'« province of British Columbia, with the wWV. £\^T^ "^ °* 'Y .'"■""'"•'•' ^'^' °» '^ »'h *i«y °f AP"1. 1»05. pass an AcJ Si^me i" Act'"" ' '''"^ ''' ""*^ '"*'♦"•«<> '^" Act further to' amend the f„«.tt'"* '^II"'*^ ^^^ f'^ ^^^ ^"^ '^^ '«''• ^^^°«' the Governor General in Council KsaKed * '''"'* ^'"''''''" "' '^"'*''^' «^^"'""'««ding that the same elloS Therefore, the Governor General in Council, has thereupon this day been pleased to^eclare h.s disallowance of the said Act. and the same is hereby disalloVeS aVcoS „tb.r^ir°* ^^ Lieutenant Governor of the province of British Columbia and all gher persona whom it may concern are to take notice and govern themselves accord- JOHN J. McGEE, Clerk of the Privy Council. His Honour the Lieutenant Governor of British Columbia. certif; that^tKj?^"'^J?r'!t' ^"'l.^^^y. G°^«'"'or General of Canada, do herebv 5E^8th day of Atril'*?^^ h ^^'if^f^^^T-"'.*" P'""'"'^*' »^ B"*'^^ Columbia ok ^.nr^n? r rr '„, ' *'*'"P*«'«d 18' «n.° "^'J^'}^ objectionable features in chapters 61 knd 64 of the P^WncS Acts 1906, mentioned in the report of November 1, from the Minister of JiS wU be struck out during the present session. i y J r T 5 IM BRITISH COLUUnA '^EOULATION As a matter of fact, a Bill to amend the fonner statute intituled ' An Act to in- corporate the British (Columbia Securities Company' \n% introduced and read a first time on the 11th instant I am, sir, Your obedient servant, (Sgd.) A. CAMPBELL BEDDIE, Deputy ProvineicU Secretary. Ottawa, January 27, 1906. His Honour The Lieutenant Governor of British Columbia, Victoria, B.C. Sir, — 1 have the honour to acknowledge the receipt of your despatch of the 16th inatant, inclosing a copy of a letter from Mr. Campbell Beddie, your Deputy Provincial Secretary, with reference to chapters 61, 11, 25 and 64 of the Statutes of British Colum- bia, 1905, re^icctiiig which I, on November 20, communicated to you the views of this Qovemment and requested an assurance from your Ministers that theee Acts would be amended in the sense indicated in the reports of the Minister of Justice within the time limited for disallowance. I am directed to point out that Your Honour's reply does not meet \he require- ments of the case. The letter you inclosed is not even signed by Mr. Campbell Reddie, and in any event that gentleman is not one of Your Honour's Ministers, and therefore is not qualifier] to speak for them in a matter involving so grave a question of policy as the disallowance of legislation. What this government desires is a distinct assurance from Your Honour's responsible advisers on the points raised by the Minister of Jus- tice. I have the honour to be, sir, Your obedient servant, JOSEPH POPE, Vnder-Stcreiar of Stum. At Govebnwent House, Victobu, B.C., February 7, 1906. The Under-Secretary of State, Ottawa, Canada. Sir, — I have the honour to "icknowledge the receipt of your despatch of the 27th udtimo, with reference to chapters 61 and 64 of the Statutes of British Columbia, 1905, intimating that the view of my Ministers communicated to you in a ct^y of a letter from Mr. Campbell Reddie, the Deputy Provincial Secretary, did not meet the requirements of the case, owing to the fact that Mr. Campbell Beddie is not qualified to communicate their views on such a grave question of policy. I therefore transmit to you herewith, a letter signed by the Honourable F. J. Fulton, the Provincial Secretary, bearing on the a'r>ove subject. I have the honour to be, sir. Your obedient servant, HENRI G. JOLY dk LOTBINIERE, Lieutenant Qovemor, Pbovincial Secretary's Ofhoe, ViCTORU, February 5, 1906. His Honour the Lieutenant Governor. Sir,— Referring to your letter dated November 27 laat, with incloaurea, I beg to « BOWARO VII., ItOC |M I am. Your Honour's obedient servant, (Sgd.) FREDK. J. FULTON, Provincial Secretary. From Mr. Lyltelton to Earl Grey. DowNiMi Street, November 30, 1906 Si:- itr.=- i""si^-;i^H"" «-- ;- Sis: Btandinir will be fiiiBfid hntJ, kf, ^he'r Koyal Charter, inconvenience and niisunder- institutf :s t::^oTj:z r rptir"'^"' -^ '•^•^ •"^'"•^^ -^ ^^^ ^-^ 3 I am aware that similar legislation \s in force in Ontario, but your minister, : LmTp^rut' •*'" ""''* '"^ ^•"'^ '""^ «"'-- «^"'"^* ought not':o"'be"ZS3 I have, kc, (Sgd.) ALFRED LYTTELTON. ^*^7Jrrj„/*"/M;''''n f*-- ^''''"■««' ^^cre^n, of /;i. /„,h7„/e of Chartered Accountant,, to the Under Secretary of State-dated October 80 1905 repliillJ'Sf;!: thtdaS'"'' '"" ""^""^"' ^""^ '^"^'- °^ ^"«"«^ «^ »-'"'^ ^""y I do not think that it would be suggested that the use of the word 'Chartered' ftom?h%'"'':i"T ^T '^'''^ '"^"^"'^ ^-^'^^ have received Acte of Incorpo^i Coll i Sz r w*;:: *""%'"'r ^^^r^*"^^""^ ""^"••^ 'h«» the itteS s s ^f T, "™«l »*'°"W t* «'ven to the public inconvenience, which may arise not onlv AccortanU'lrUo'T''"'''"'^'" *^ multiplication of ' Institute oTchart^S AccouiitantB, all of whom have apparently copied their title from that of this ii.stitnTT being fully aware of the value of the title • Chartered Accountan / and t .^ S ft commands in financial circles all over the world. '^ A^^'V f /^"^""y «« l"*^ mo"tli 1 was informed that , Institute of Chartered ^tT^TTu^ ^^ incorporated by Act of Legislature . British ColuLbia H^ L^Z ^7 ^ ''r'TT /" ^^^* **'''"'"^ "» '"t«"ew with the (Colonial Secretary it may be that we should hav. impressed him with the gravity of the poin^^ a w« .t flf;7°"l'^.^rr°'"? *^''* '" faithfully ,Io these Canadian Institutes copy the title of this institute that they even adopt theW of the letters ' F.C.A, and ' ACA' he distinetive initials granted by the charter from the Crown .hi^hVl."* "'"'* ""^^ u *•"".* ^^f "''•'"'''' ^'''^ '"'^« ""ly •*«*• effect in the colonies in which they are passed but that does not prevent a colonial chartered accountan Sm to Grest Britian or Ireland end styling himself ' Chartered Ann™,^*.^* " j <^ming Pedup. not be within the Colonial Lr^t«^s kLwlS^ t^att^^ISof T^^^^^ CJ J2^S?i±^Ti!?*li"?'?^"°l' '"'* •^ P"""'"^ their earnest 8up,«rt t^ » BHl Which ha. been introduced dunng the last two sessions, and of which I indwe a copy i 110 BRITISH COLUMBIA LEOI0LATIOK At this moment I am informed that an Australian institute is about to petition thu Privy Council for a royal charter. We shall, of course, oppose this being granted without adequate protection being given .to our title, and can always do so when such applications are made to the Privy Council itself; but in the case of colonial legisla- tion (which is generally by private Bill), we are impotent by reason of distance, and I would point out that the legislation in question gives no guarantee as to the examina- tions which are to be passed, or the standard of professional ability required, which must of itself seriously affect the reputation which the title 'Chartered Accountant' implies. That there is a danger of inadequate examination I can produce evidence to prove. (Approved by Order in Council 10 January, 1906.) Depaktukxt or Jlstice, Ottawa, December 22, 1905. To Hit Excellency the Oorernor General in Council: There has been referred to the undersigned copy of a despatch to Your Excellency, dated 30th ultimo, from the Kight Honourable the Secretary of State for the Colonies transmitting extract from a letter, dated October 20 last, in which the Institute of Chartered Accountants call attention to an Act recently passed by the legislature of British Columbia incorporating an institute of chartered accountants in that province. Mr. Lyttelton states that he would be giad to receive a copy of this Act at early convenience, and he observes in the meantime that if this Act authorizes members of the Provincial Institute to use the initials which members of the English Institute are authorized to use by their Royal Charter inconvenience and misunderstanding will be caused, both in England and in the province, and the members of the English Institute will have serious grounds for complaint. He adds that he is aware that similar legis- lation is in force in Ontario, but that your Excellency's ministers will, he has no doubt, agree that the Ontario statute ought not to be allowed to form a precedent. The undersigned recommends that a copy of this report, if approved, and a copy of the extract from the letter of the Secretary of the Institute of Chartered Accoun- tants of October 20 last, above referred to, be transmitted to the Lieutenant Governor of British Columbia, with a request that a copy of the British Columbia Act in ques- tion be forwarded immediately for transmission to tha colonial office, and that he in- form Your Excellency's Government as to what steps, if any, his Government proposes , to take in respect to the said complaint. Humbly submitted, C. FITZPATRICK, Minister of Justice, At (Jovernment House, Victoria, B.C., Februar>- 12, 1»06. The Under Secretary of State, Ottawa, Canada. Sm, — Referring to your despatch of the 13th ultimo, asking that n_y ministeirs be invited to state what steps they proposed to take in respect to a complaint from the secretary of the Institute of Chartered Accountants, calling attention to an Act intit- uled an Act to incorporate the Institute of Chartered Accountants of British Columbia, I have the honour to transmit to you, herewith, a letter from the Honourable the Provincial Secretary, expressing the views of my Government upon the matter. I have the honour to be, sir. Your obedient servant, HENRI JOLY DE LOTBINIERE, Lieutenant Oovemor. I BDWARD Vlt., ItM in Pbo^tncm.. Secmtait'8 OmcB, ™ „ . „ ViCTOWA, February », 1006. The Private Secretary. Fin.niT^w?^!.*'' ^T' '"*/" f '**^ '^»""'"> 22. addressed to the Miniater of ^ a nriv-L ri i!!.^^!."^""^ '" '"'■ ' °'"*'^^ t^-t *•>« '"Wect thereof n-lates AccouTtl't, Act. wS!^ '''*'°" "' *'"' legislature, intituled the Chartered of tJ^lr*"!""* nf '? Tt" '" "*'■'"'' ^'■'"" " '«"« ''<"" Mr. ColTille, secretary of the Institute of Chartered Ac.^untants, written to the Under Secretary of State fS^ 3 £ Z'^; ^" t""«f»""'« ♦!" "foresaid His Honour inquires, for the infarmtion ^i^.^t^'^ °^^V'*« ^°' <^«"'-?i«^"';r^ have the honour to acknowledge the receipt of your despatch No. 28 of the 16th ultimo, stating that the attention of the British Columbia Government hu, ™^ti *riK 1 ! *'^J^*1°''» ""f^ '>y the Institute of Chartered Accountants in this ilJ tha? rovin' inication contains no answer to the inquiry what steps, if any, this government pro^ led to take in respect of the C0Lr:,.>iaint made by the Home Institute, and the Minister reoommends that this Govern- ment be aaked to consider the complaint. I beg to lemaik that this matter had been comidered prior to the despatch of my tetter of February 9, and the decision was not in favour of introducing nmgndipg legis- lation as this Government is unable to understand why the privilege aocoided to other porovincea of incorporating institutes of chartered accountanta should be denied in the case of British Columbia. Mr. Colrille, the secretary of the institute, remarks on the 8 IDWARD VII.. KM US adoption by the Canadian Institute of the lettera VC A .«A An a a tioa. might be urged to the uie of the l^tn. B A k ♦ t ^^■^" ^ '*°^ "^^ I am. Tour honour's obedient aerrant, (8«d.) FRED-K. J. FULTON, Provincial Bwrtiary. (Approved by OrtUr m Ootmeil 17 July, 1906.) OiPAwnuNT or Juanoi, 0"AWA, April 18, IDOfl. To Hu ExetUmcy the Oovemor Oeneral in Oounea • •houW Inve the eululin right to th« letto. aforotid. ''^"°'"" « "•"' Bntiin It appfiars. therefore, that the Provinoia] OoTernmAnt !■ ..n.:li:»- * anumdment. Thi. being ao. probably the obieTwhTcJ^ "cSe Sd In'SS^lSJ be achieved by Imperial legislation prohibiting the use of^h2« cwL^X •^* United Kingdom, except as authorized under Sperfal l^iJla^ dewgnation. m the The undmigned recommenda, therefore, that the Right Honourable the Pr,-««{«.i Secretary of State for the Colonies be advised in the aeni^ oflhU ^oJt ^"^"^ Humbly submitted, C. FITZPATRICK. Minister of Justice. t \ I i f! \ lU M< BKITIM OOLVMMA UDOItLATION BmzmB OOLUMBZA. 6 EDWAKD ra., 1906. fApprovtd hv Order tn Council of ISth March, 1907.) Departmkkt or JtrgncF,, Ottawa. 23ril Xovotnber, 1906. To Eu Excellency the Governor General in Council: The undenigiMd h«* had under consideration the Statutes of the L(<«ris1ature <>f British Columbia. paMe ( COWARD Vlt., IMI pioridoM with • view to oht.i JTI .k "**'"""«« ** wquwtfd to noonaider Umw Thi. .m/1«l! J-^ obt«ining th* tuggeited •mendment from the hBiiktufT^ ine undcnigned recommends that • codv o# «hi. ~^w j< '•^"•»n»t. wittod to the Lieutenant Governs, T/ B.^^?k riv« "'?'*• I' •W»^«• P~vi- were incorporated and were emDola^iTo^rrC^'.uT^^ two plate gkaa companiea You oondder that 3» A^^^,m!!1!^. ^ ''° the buainaaa of inauring plate glaaa. -^ tXtitTuttr..^t£:;^-st"e^^ ELV; ^' -r or in any manner beyond the powera of the L,^.l!7?L^*^ buaineaa in any place A company incorporated by Ontario can obtain under aar Inn . i;»-, . .1. • oided that a company incorporated in one province cannot do bi«^n«L ^! ^®Vr*° ^"^ vince. provided the other province conaenta. ^'*" '" "'*'*'*' P~- In any event. I would again submit that l^slation which does not «n«.«w „ v neooMary implication exceed the powers of a provinLl iSalJS,^ L »n -1 ^k \l not be interfered with on the ground that the P^^:iZS'^rhej::ted'^ I have the honour to be, sir. Tour obedient servant, FRED. J. FULTON Attorney Oeneral. i I BRITISH COLVMSIA LSOIiLATIOM DwABTMnrr or Juitws, Ottawa. l»tb A^il. IVOT. The Honourable Fud. J. Tvvtov, Attorney Omieral, Victoria, B.O. Sw.— Referring to your letter of Srrf inaUnt, with n>gard to Chapter* fiS and 6S of the Britiih Columbia Statutaa, 19M, imoorporatint two Plato Olaaa Inaunnoe Cr^w paniea, I obaerre that the time for diullowanoe of theae atatutea expired on 29th ultimo, BO that that* ia now no opportunity for Hia EnwHeaoy ezerciainc hia power of diaallowanoe even if he were ao advised. My intention, however, waa rather to direct the attention of your governRuent to what seemed to be a very desirable limitation in the public interest to be interted in ths statutes of theee compsnies. Any question whidi msy arias aa to their powers to tranaaot buainew outaide the province, in oaao they should undnrtahe to do «>, may, no doubt, aa you truly state, be detormin«l by the ooorta, but whera the bgaiMaa in i^ieh a ouspany ia encaged ia deehmd ulirm mras, ooosidsrahle oonfusion and hardsUp ar« Ukdly to result, so that it is I think eepeoially desirable that oorpontiona abould frum the outaot confine their buainess to ita kgitimato sphere. I am quite disposed to agrse wHh ere iythiug yon state enept aa to the poasa>ility of the spplioation of the doctrine of the Comity of Nationa to the case of a provincial corporation. These provincial oompaniaa ara incorporated and their powera conferred by the local legialaturss in the execution of the powers of section 99 of ths British North America Act, whidi relatea entirely to matten private and local within the pro- vince as distinguished from thoae which affect the Dominion at large or two or mora of the provinces. A corporation can exerciae no rigfata or powtn anywhera except those derived from ito statute o- the laws of the jurisdiction in whfch it is created; and so itia laid down that a corporation formed to carry on buainess in one countrj >nly ex- oseds Its powen if it carries on business out of that country. Consequently provincial corporationa being limited by the Britiah North America Act to provincial objecta have no quality which can be recogniaed by the Comity of Nations, so far as concerns the carrying on of business or the making of oontracte in any provinces other than the in- oorporating province. You refer to Dominion corporationa. but theae being created in punuanee of gen- oral powera of legislation, unlimited except sa to the subjects enumerated in section 02, stand in quite a different caae, and may no doubt, if in accordance with the intention of the incorporating Act carry on buaiueaa in any foreign country In which the rule of oomity aa understood in England pievaila. It ia because these considerations seem so obvious, snd the propriety so q>parent of atating plainly in the incorporating statute the limitation which it nsosssarily car- riea, that I made the recommendation which is the ocoaaion for your letter. I have the honour to be, sir. Your obedient servont, • A. B. AYLERWORTir. Minitler of Jutltee. 4 atHVARO VII.. Jl*. ua FmzvOB EDWAmD mXJLWB, 4 iBWAu vn.. not. (Approved h„ Ord,r in VouneU. teth Novtmhtr 190i.) DtrunuMVT or Juvrict, Ottawa, 2»th Ootob«r. 1M4. To Hit BxctUency ih# Oovtrnor (hmnl in CouneU : l!wf!!!r ' ^' •e*»i,.n, of the l.>r4.it<.KS iheiwf (IWM). m M- • • • • • . 27U, J^nls /9S!"'^ ^*''~'' * *^''''"*' ^"■' "***'** ^' '^ ^^^^ "' ^»**« "" 11 !^?1 ",""':•• J"'y **? '•'' *" *'^'' op«r.tion rHe 'The Maritime StewMhip Compeny'V m to which tho und«r.,KaHd ..h^rv... that th. powen of the company are too broadly .tat«l. By section • 'he -.,.up,.ny .nay builJ, acquire and work ateamsfaipa and other w.- l«.™lw',Tn r ;'^^' •:^"*«« ^-f"*" •"«»> port" "" niay ieem expedient, and iwerally to carry on ,ho lu„n«»H of ship-owning in all ito braneh«. If theae powen tS?J!!S T 1 ^ > company t„ run ateunahip. or other veiaeli betwwm Prince W^l^Jlr ^fu "*''■'■ P"'*"«*«' «' «« «*t«'»d the authori.: of n proTincial l^i,. tetuw to grant. The Act «houl:i.'!'«!«r of JuMiice. >».. •,ii.r. 'iatutt- so that •.'lature. '<"!. ao far ai it " "emor of the m PRINOB EDWARD ISLAND LBOISLATION PSnrOE EDWARD ISLAVD. 5 EDWABD Vn, 19M. (Approved hy Order in Council 8$ptemher »1, 1908.) DCPARTUKNT OF JuBTIOl, Ottawa, August 81, 1906. To Hit Excellency the Oovernor General in Council: The undersigned having conjidered the Statutes of the Legislative Assembly of the province of Prince Edward Island, passed in the fifth year of His Majesty's reign 1906, and received by the Secretary of State for Canada on November 9th, 1906 has the honour to report that these may be left to such operation as they may have, and he recommends that the Lieutenant Governor of the province be informed accordingly. Humbly submitted. A. B. AYLESWORTH, Minister of Justice. « EDWARD VII.. 19M m PRnrOE EDWARD ZSLAITD. 6 EOWASD Vn., 1806. (Approved by Order in CouncU of May g8. 1907.) Departjikxt of Justice, T„ H- t. „ Ottawa, May 22, 1907. To Uu Excellency the Oovemor General in Council- th«e ^y be left to Z. ISoil^t'h^f r^h'.:^ itp^' ""' ' "^ "''^'""" *^^ ^ J^hapter 2, .ntituled 'Ax. A«t rcpectin. the Oyste, Fi«heri.. of Prince Edward ing o^i'reM orljLt !^tS?SS o1 rheT''"" "T'^ ^'^ ^'^ '«-"« - «'"»■ Edward Island for the nurL^ n* i?- ^ ^' '""*"' !»"'»«'"» «nd creeka of Prince {«. ^^^^^'^n^n^'::^^'^^'''^^^^^ fi-h and it autho" leases thereof in areas not exoeedinfffivrilZ. ♦ "wse beds to be made and to grant all oysters planted bedded HeZS ° ""^ °"* P*'*'"- ^* '» P'°'i<'«l that K.naf pr^pTrty ^'t£f fnliv ^a' hlldrnrth: Er ''^h^f.L" f'^S '"" ''^'^ ^'• survey. .nd«.aHians. and the plaeinTof Itk^" L ^S.^. '""'" '''^'"'°- '«" irsSee^Tti: trr iJiiron rr ^^7^^^'^-^^^^^^^^ .Wa«rn tbltl.Zni' '* ''' "^ """" °' *•"« '^^•*'"- -»»«l"win« f«« Chapter 87. intituled 'An Act to incorporate « R. T. Holman. Limited." • rrtaif^e'rcCrbS" ^n'S^'T^^^^^^^^ "^^^ T " '«'"*''»' -»""«"« ««» feed, clothing. whiteTrr 4c *" ""^ manufacturing business in flour. thep^iiSJoJprincX'JlS'ir/rStrt '^*'*' *^™' ''^ *"' ^'^ '-'^ 'o pany may purohaw ^ W^U ° ^^ contrary ,t is provided that the com- nc,dent.l to any of the purpose for which the company is incorporaS -rS^In^ « further authonsPd to transact any b„«i„e^ out of the proH^c^^^^^^rj^Z dental to any of the purpose*, for which the company is incorp«rat«d "^'^^"^ " "«»- I i 171 PRINCa EDWARD I81,ANO LEGISLATION i. I; Inaamudi ai a proTincial legislature has with relation to the incorporation «f companies authority only to incorporate for provincial purposes, and inasmuch as it is incompetent to a provincial legislature to authorise a company to carry on business beyond the limits of the province, this statute as it statids must be regarded as ultra virea of the legislature. It may, of course, be amoided by striking out the provisions referred to, with respect to the acquisition and disposal of lands, investment of moneys and carrying on business in other parts of the Dominion, and by expressly limiting the business of the company to the Province of Prince Edward Island, otherwise the undersignet? would deem it his duty to recommend the disallowance of this Act. The undersigned recommends, therefore, that a copy of thi« report, if approved, be transmitted to the Lieutenant Governor of Prince Edward Islatid, for the informa- tion of his Government, and that the Lieutenant Governor be asked to inform Tour Excellency's Government as soon as possible and within the time limited for dis- allowance as to whether the said Chapters 2 and 87 will be amended to the effect in this report suggested at the next session of the legislature. Humbly submitted, A. B. AYLESWORTH. Minister of JuMiee. 17th June, 1907. The Honourable, The Secretary of State, Ottawa. Sir, — In regard to the Oyster Fisherirs Act T inclose letter of Attorney-General Peters. The Holman Act will bt; reported on shortly. I have the honour to be, sir. Your obedient servant, D. A. MAcKINNOy. LieutentiHt Governor. Inclosure. Chahmttetown, P.E.I., June 15, 1907. Sk, — I have youn of the 11th inst. The obj^etions to our Act regarding ' The Oyster Fisheries of Prinee Edward Mand ' aa Aowit by the Report of the Minister of Justice as far as I can gather, are Portly tbe^e : lat. That diis Act must be held to assume a proprietary interest in the Province of the bays, rivers, harbours or sreeks situated therein. In answer to tbls objection I may eay that this Province claims, has claimed and will claim a proprieitary interest and property in the bottoms of the bays, rivers, harbours and creeks situated therein. This is given the Province under the terms o1 the British North American Act and the decision of the Privy Council construing the rigkta of the Provinces and of the Federal Government. The Minister of Justice in his report to your Honour seems to think that under this Act as proposed, the Province seeks to claim part of the Public Harbours. If the Minister will read more carefully the words of the Act, he will find that the word ' Public ' Harbour is not mentioned in the proposed Act and the mere use of the word ' Harbour ' does not and cannot include a Public Harbour. The expression ' Public Hwbour ' is clearly defined by the decisions on this point, which I trust the Minister of Justice is fully cognizant of. As the objection of the Minister of Justice is to the user in the Act of the ex- pression ' public harbours ' and as that expression does not appear in the Act at all, it is not nee'Saary fur^r to comider the question or to report thereon. • EDWARD VII., IMM 171 aud Se^'to W*5^/a?*'' °\ J"""* tut if your govemnent Hould con«nt iu the Act Jt .11 and^^li ^^tf^-^'' *"'' '^•'*' **"*« wo""" do not appear or would n iefialature when it meets being suprame h the Z^S JfliTay ""'^''' '^"^ *° "^ undertaking, or p.o^aeaS I am, yours respectfully, »- Honour the Lieut.n«.t Governor. ^^'*'"^^ "^^^^ ^^^ERS. (Telqgnm.) at Governor of *^""'' •^""^ 20. 1901 'riaoe Edward Isbmd. GhariottetMra, P.E.I. «»«Mortio« i. l««^!i!^T^ J TT* '"''««"•' as used in the Act without ••wort 'i^iilil- . _ S^ ^I!!^~* of disallowanee undertake to introduce an.l p. Pelletier, ilcnmiends that a copy of thia report, if it is approved, be ooaununieatad to *e Lieutenant Governor of the Provinee for the infomation of his goferiuiMut, Kumbly submitted, A. B. AYLESWORTH. .VtMi^er of Jvtiet. m i' • BOWARD VII., 19M ITS 8 XDWABO Yll., ISM. (Approved by Order in Council of SSth May. im.) Department op Justicb, », „ „ „ Ottawa, 2:Jiid DeoeiiUMr, 1906. To H,. Exc^lency the Governor General in Council ■ ™i«m (1906), and Sod byS teX;S^at:"/'r"'^^ '^' ""l «'^ ^-^-'^• ^^-^-^h^nlZTiZiAJ'ml^if^^^T^"' ^'f,^"*-'- °f Canada, and the registrar shall permit rchDlan?„^ technical or other errwa have intervened. ""''"^^^^'ir-.r'^^^^^ rrsZtit'^ti'li^r-"' °^ ^""- by t^;::^nr.:j' h'rSroJ^C^^-i-^ the r^^^tin to p,.n. aied iuri«iiction to provide for the "uhdj.^, "^ ^:^"°^r '*"' ^'^^ '"^^^ ^'^ "«» lie «.«.„„ i, „p,„,; decE Z S~Mo ;^!f .P«»l mention thndn, „„|^ jr..je^e«n»n. „n^ „ ^.^"iZrVZ^.l':^ TZ^'Z^ fc^! This ppovisioa should be enlarsed bo »a ir^ ,«.!,„ tu ^..^ subject also to the rights of wav and ^flZnf ! . * *l*'^ ""*"" *•»« '•rtificate Northwest IrrigatioI^AS, ISM " *^"'^ ""•*«' *^« P^'^io"" of the ..enttSerS;^-^^^^^^ ^^Chapt^r 56. intituled 'An Act to incorporate the Saskatchewan Insurance Co.- This nompHny is incorporated for the Durnosp nf «ffo«f;„„ • .1-. .He P,.,™,., oo™„^XJi'^rLLf z:"it ~, SC^'- '""'"" ' *""''"° '■'^'^•' "•' «■■"""»«■■ •■^"tu R.il. .« cl-^?- '""""^ '*"*■* " '"»'^'"' "• S*" "J 8-*.W„-™ lUil. o™^;^!" *>■ '•"'"'•^ -An AC u, i„^„,e U. C«»di.n Cenft., B.,h.., in •ASKATOHIWAN UtOMLATION Ohaptor 61, intituled ' An Aot to inoorpont* tlw Sadutobewan Oratnl Bailwajr Oompuiy.' Buh of tbMO Aoti inoorpontM n company with power to build a railway to tha bouodariea of the piOTinoe, aitber interprovincial or intaruitional, or bofh. The power of a provincial Icgialatnre to authorize local works or undertakingi •uoh aa rdlwaya eztendinc to th« boundaries of the proTince baa been doubted, but the nndaniciiad doea not consider it neceasaiy in the pieaent oiroumitanoea to do more than aall attantion to the Tiewa wbidi bare been heretofore expreaaed upon thia aubjeot. The ondenicned reoommenda tibat a copy of this report, if approved, be trana- mitted to the Lieutenant Qovemor of Saikat^wan, for the information of bis Qot- enunenC Humbly submitted, A. B. ATLESWOBTH, Mmist0r of JuiHet. • aOWARD Vlt, 1M« m 6 EDWABS Vn., 1806. (Approved by Order in Council of ISth May. Ifm.) Department of Justice, Tn TJS. v II Ottawa, 19th December, 1906. (1«K)6). and received by the 8^"^ o? St.^ the suth year of Hi. M.je.ty', reign, Chapter 49. intituted ' Tr.Tf. ^"""*^' °" ^^^'^ "^""^ '"*• bMk. Riilwv cimiS?' 'noorporate the Kootenay. Albert, and Ath.. ^^Chapter «. intituled 'An Act .o incorporate the Albert. Southern Railway Co«- OornSS?' ''■ "'''"'"^ '^" ^^* **• -""Porate the Albert. Northwestern Railway the ~tXVLTc^TTnlari'reT^r -«» P"nx.rting to .uthoria. vinoe, either mterprovincial or TtSiSnar It h'^iT^^*" Je boundary of the pre «wh power, may be incompetent tH proviL/l ^nJ^"*"*'^,***^° P*'°*«* »"* *>»* effect work, connecting the prov ni w^h .r^f^ "professing to .uthoriw in prorinoe. ^ Province with another or extending beyond the Umite of a «.Ud.ted' ' '"'"^ ^° ^*^ *° mcorporate the Western Oil and Coal Con- vJ!^Ll'' '""^'"^ '^-^ ^^ ^ --'»"»« the Albert. Pacific Elevator Com- ^^.^Pter 69, intituled «An Act to incor^rate the Albert. Cn«ii.n In.ur.nce incoSrte3.;utwithoutTnTSi" ?"':T "^"^'"^ '"''«'« "P°- *»>« ^-nP^i- a provincial le^slatur:trcor^™i tZ "ii^^'c'^:; """' °''^'"''- ^''^ ^"^^ prewed in the British North America AoT^nT ♦., ^ P°*^" "P*"* *^«» " «- of comp«.ies with provincial oSe^u' td k Is i'thr™-""°S ''l!' '"^n^ration derirable that legislation in execution of .h;« J. *^« «P>«'«>i of the undemigned. obiec^ to which% authori^^^rrritur:':!"'' •" ^^•"^^'^ "-"'^ *° *^ G-eLterttn^frndre^nreth^'oTtt^ I^ta't^t '"""''Tr ?^ ^ ^"-"-^ of the power, conferred to thePrvini iJ^Tlil"*^ "''"^'^ "'"•*>°* *^« """i- p.ny?'"*'' 60. intituled ;An Act respecting the Wawanesa Mutual Insurance Com- duly^Siitla^^'t tt^S^p.^^^^^^^^^^ Insurance Company i. . eorpor.tion Fire In.ur^ce Act of thaTpS^vl;^ aJJ tha^th/^ ' the provisions of the Muturi P-er. may be confer,^ u.^n it'rthri^r^ro"Kr,t^;^^^^^^^^^^ ^J^:::^. i i- .1 vn ALBmTA UnilLATION its btuiiMM in AlberU to the ume extent as under iU charter it ii autfaoriuHl to carry on luch buaineat in Manitoba, and it is accordingly enacted that the company is to be recocniied a* a corporation with all the ri^ta, poweni and privilegaa extendinc to oorporations incorporated by the kws of Alberta, and authorised to carry on its busi- ness in the ProTince of AlberU to the same extent as in Manitoba, and as if the com- pany had been incorporated for its corporate purposes by Act of the Legislature of Alberta. Chapter 65, intituled ' An Act regpecting the Occidental Fire Insurance Company.' This Act recites that the Occidental Fire Insurance Company, a corporation duly incorporated by the Legislature of Manitoba, has presented its petition praying that the ueoessary powers may be conferred upon it by the Legislature of Alberta to enable it to carry on its business in Alberta to tiie same extent as it is authorized to carry on such business in Manitoba, and it prooeeiU to enact that the company is recognized as a corporation with all the rights, powers and privileges extending to corporations incor- porated by the laws of Alberta, and is empowered to carry on its business in Alberta to the same extent as in Manitoba, and as if the company had been incorporated for its corporate purposes by the Legislature of Alberta. The legislature of Manitoba cannot incorporate a company with power or capacity to carry on business beyond the limits of ita own province. The authority of the Legislature of Alberta is limited by the British North America Act to the same extent precisely as that of Manitoba. Therefore it seems to the undersigned very difficult to affirm that the two legislatures can together constitute or enlarge the powers of a corporation so that it may carry on its business equally in the two prOTinces. This is an authority which, in the opinion of the undersigned, is vested solely in parliament. The constitution of a company incorporated by Manitoba is not within Uie legislative jurisdiction of Alberta to enlarge or alter. It is inexpedient that a corporation should be allowed to exercise important powers which it either does not possess, or which are of such doubtful validity, and the under- signed considers, therefore, that these Acts should not be allowed to i«main. The undersigned does not, however, at present recommend disallowance, but that the Government of Alberta should consider the propriety of having these two Acts re- pealed at the ensuing session of the legislature. The undersigned accordingly recommends that all the said Acta other than chapters '60 and 65 be left to such operation as they may have; that a copy of this report, if approved, be transmitted to the Lieutenant Governor of Alberta, for the in- formation of his Government; and that the Lieutenant Governor be requested to inform Your Excellency as soon as possible as to whether chapten 60 and 65 will be repealed within the time limited for disallowance. Humbly submitted, A. B. AYLESWORTH, Miniaier of JutHee, QOTKRNUENT H0U8E, Hon. R. W. Scott, Secretary of State, Ottawa. fiPiioNTON. Alta., May 28th, 1907. Sib, — ^I beg to acknowledge receipt of your communication of the 17th inst., inclosing a memo of council n ordinances passed at the first session of the Alberta legislature (1006), more particularly to ordinances sixty (60) and gixty-five (66). I have forwarded the matter to the council for their consideration, but an the premier and attorney general are absent in the old country and may not be buck before August • EDWARD VII.. 1»M 177 I h«ve the honour to be, sir, Your obedient itervant, (i. II. V. BULYEA, Lieutenant Oovemor. ■ (Approved by On!.,- „, Counvil of UHh Ju'y. 1007.) DeI'AHTMKM of JtSTirK, Ottawa, 18th June. 1907. To Hit Excellency the Governor General in Council ■ Mflv'^U,t"hl?T*K' '*^''"''* '" 'K"'^"' °^ ^'»"' K««>llo«c.v in Council of 16th o1"i.S; t ?• r.:; So=r^i:LTei::rs '^i^^-- «~ pany; aSd" '^' '"^"'"^"^ '"^^ ^'' '**'*'''"'« *''^ ^"''»"«'- Mutual Insurance Com- ^^^^Chapter 66. intituk-d 'An Act reapecting the Occidental Fire Insurance Com- Thi X.,„ ' »"1«"«k"« 'i i <1 =<» S B > > us u •c I li If >.'5 It s ^1 11 si ll Is i I i I £ g I I ■» . 1 i s see S£J S^ ^- H J s •< 6 i p 05 ■n 5- - ■2=1 ~ £•- O iS a-- a. : e 1, ■O V 55 PS II if tl "2. -=.2 ?S * a !t.s -^ If !• a «. = " set 1. i %4 ■a s ■>-s>. -- =S S.S r E - S-=- W= *» *a -(J -S s i = c.aj a. .2 (8 eC •* 5 .2 lllij 1 rt^ = K t ST 22£*= -5 S J 9 . h c J 2 fc !: fc S.i r ->,5 5 5£* ; iifpifiyjiiLi iiK . so jaccc =f-^- S i f^ S S S B - o t«x S*?:2 2 It I o s <«< 2-1 = £ J -5 < fa's* ft-S a. =iiii.i§ iliiiiil Bob < < < I J h TTit?1tt I II III 1 >• I S " I 1 I ^ t^ oc ^ •^ ^^ i-t ^ III } i IM 1 a o c p H 8 o « H i a. £ < S S f 8 S 1 l;i I I Ir I - Skill's al = m£|£r.|. a- = I I i I i i I J J 2 e I a a £ J » 2 i J '3 « 1 u a.- i ^ 3 B S J 1 J T! * e 3 * H O H I 5 I I It I 2 a .S c ill 1:3 1 r-.i Bit Sg.so iliJI ■8 < B -§ - e a < BBS ■< -^ < s s e B 8W w . B B 4i -< 9 2 S S3 S 3 S 2 S S s > > ■o U7 S^ S g S S 2 a2 2 2 a fss a j j! .| 5 4^" f It- r£f 1 - a §>; J 3 I I OS s 8 s "^ ' si el I'll I °s « s „ c a< S5 4 ^ g S I i f I £|ji m =1 •111 II, 2 - a "s ?? 5 3 -■5 k' a IM i, I i i I eu S I I 1 IM J f I .< ■< < < Z 3 3 3 S IK^DE 1JH)4-1!MM5 AM^ia Flr« Inauranoe Comoanv an a.- >«. #..-.1. Paob. r.l.tln, ,„ ,h. (NB m„ '""•oHdate and am.nd th, Ac. i-t:: srrvr/co-p:; ^r r :"„t:?". "•"••' ••••••• "• j-b... «„„.H.™ H. CO.. anTri :.j;^"«^r<:'. rr""" .": '"^' ;;j B Brandon Fire In.urance Co., an Act to Incorporate the (Man lM*^ •randon Tr«»t Co.. Ltd.. an Act ,0 lnc„nK.rMe th.TMan imA "' ■rllirti American foal and Railway ^™1.» . % .^ ^ "*»»» r.t. •H««h Canadian Co-operatlve Socletv .n A„. .^ i» 52. 6«.«0 ■rltiah Columbia Cental RanwtTco *" *;*' .1 '^''*' "" *''*- '>•«»■ •»• " »ociet>, Ltd., an Act to meo-porate tho ',V.s.. 1»0«)..63. «g. (» Capa Breton stock Company Ltd .n *.. . . 27-8« Chartar«l Accountant, of Brltl.h Columbia an Act tn'inoi.-^' ". "J "■" of (B.C., 1905) "moia, an Act to Incorporate the Institute Cltyof HaHfa^an A;;r;iatl„Ktothe'(N.a.'l»04/.'. "*•»«* cl^l Tn T "" *•=* '° ""'*"'' *«• "» "' the codeof(Q m^. "' " m INDEX Colonial Trust and SecurJUeg Co., an Act to Incorporate (Q., 1905) 27-38 Cellattral Loan Co., an Act to Incorporate the (Q., 190B) 27-36 Companioa Act, 1897, an Act to amend the (B.C., 1905) 141,142,141,154 County Courts Act, an Act to amend the (Man., 1904) 99,100 Crown BUits, Act respecting certain Orders in Council and certain (Ont., 1906).. 7-9 I Eastorn Fire Insurance Co., an Act to incorporate (Q., 1905) 27-36 Education Act of Nova Scotia 45-47, 4g 50 Education Act, Act to amend, &c., the (N.S., 1906) 63, 65, 68, 70 Elootiont of Members of the Provincial Legislative Assembly, &c., an Act to consolidate and amend the law respecting the, &c. (B.C., 1903-4) 129,132 Emoraon, an Act respecting the Town of (Man., 1904) 91-99 Empiro Liniment Company, Ltd., an Act to incorporate (N.S., 1906) 64, 67, 69 Empiro Loan Company, an Act to incorporate the (Man., 1904) joo Employment on worlcs carried on under franchise. &c., an Act relating to the (B.C., 1905) 131 ijg 150 151 Exocutivo Committee of Provincial Y.M.C.A., Act to incorporate ii Factorioa, an Act for the protection of persons employed in (N.B., 1905) 75 Firoa in connection with surveys, &c., an Act for the prevention of (N.B., 1905).. 75,80 Fiahery laws, an Act to amend the Quebec (Q., 1906) 37 Fraahold Fire Insurance Co., an Act to Incorporate the (Man., 1906) 118 Oama Act, Act further to amend (N.S., 1905) 52, 55 Oama Protection Act, 1898, an Act further to amend the (B.C., 1905) 155 Gazatto Publishing Company, an Act to incorporate the (N.S., 1905) 53, 56-60 Qanaral Trusts Corporation, an Act to incorporate the (B.C., 1905) 155,157,158 Olaca Bay Co-operative Society, Ltd., an Act to Incorporate the (N.S., 1906).. 65, 68, 69 Gold River Mines and Power Company, Ltd., an Act to Incorporate (N.S., 1905) . .53, 57, 58 Grand Falls Power Company, Ltd., an Act to confirm the charter of the (N.B., 1906) 77, 78. 80, 81, 84, 86, 88 Grand Trunk Pacific Railway (Ont., 1904) 3 Guarantao Savings and Trust Co., an Act to amend the Act Incorporating the (Man., 1906) 119 Halifax, an Act to amend Act relating to City of (N.S., 1904) 39,44 Halifax Fire Insurance Co., an Act to consolidate and amend the Acts relating to the (N.S., 1906) 64, ge, 69, 70 Havana Trust Co., an Act to incorporate the (Q., 1906) 27-36 Holman, Ltd., an Act to incorporate R. T., (P.E.I., 1906) 169,171,172 Immigration into BritLih Columbia, an Act to regulate (B.C., 1903-4) 130,131 Immigration Into British Columbia, an Act to regulate (B.C., 1906) 137,160 Imperial Trust Company, an Act to Incorporate the (Q., 1905) 27-36 Imperial Trust Company, an Act to amend charter of (Q., 1906) 38 Improved Dwellings Company, Ltd. an Act to Incorporate the (N.S.. 1906).. ..65. 68. 69 INDEX j^ l'n21".trf.rr'r'r"' ''""^""^'^■■- '''■^""^' "■> ^ct respecting the Soughees (B.C.. 1906) . 156 ndu.tr,.l L.f. Insurance Company, an Act to Incorporate (Q.. 1905) .ill nturane, and Trust .•ompanles. Quoboc Acts respecting, 1905.. „",» ln.ur.no. an.l Tru.«t n.mpanlcs. Quebec Acts re.^pectlng, 1906 '.[ [[ [] [[ 3, J John ^V. Lowe & Son, Ud., an Act to Incorporate the (N.S., 1906) 64, 67, 69 K K..f. ron.,tructlo„ Co.. Ltd., an Act to incorporate the M. E. (.VS., 1906). 64 67 69 Koot.n,y Alberta and Athabaska By. Co.. an Ac, ,„ Incorporate (A., 1906).. . 175 L -36 -3G -60 173 , J „ ' — ■ => •••"■■■•■■■.it niiiii. is»uo) 10.1 ini me mT L.nd Surveyors. Act re-^pectln^ Provincial .li.C. 1905). ' ' "/' '" "'•rrrSlrrcnr ""' '•""'-"""^ --' ■■"^orat.on.A.to a^d"^'"^ ^''"::n.T:^'!T ''"^^""''' -- -•->•<--• -''^>---.i39:h;:'h:!^;^' ''• '' Liquor License Act. Act to amend. &, . (.Vs r,Ofi) Loan Companies, an Act relating to (N.S.. n.06).... 4, ' i,' „■,' '^l' !!' *^ Lo.„ Corporation., an Act to amend, ^c. the .^et relating to' ,N s ' 1906; 61 04 66 69 London Ay.mer and Xorth Shore Electric Ry. c„.. an Ac^ res .e.lg Qnt i90 « ' s Low. & son. Ltd., an Act to Incon^orate the" John W. (N.S.. 906) . 4 „ ,1 M "' ^'lO^^nlltr^" "-''' "" "" " '— -'-^e (Man..- 1905):;. :ii "' " M.rltim, Copper . .mpany. Ltd.. an Act to incorporate the ,N.B„ 1904) 7, S). .."' ':'°'['"''' '''""'""''• ^"'- "" ^'^ '" incorporate the^N.S.; M.ritim. Steamship Company.'an Act' t;'in;orporate'(P.K.T.,V904) "' 'M" M. E K..f. Construction Company, Ltd., an Act to incorporate (Ns'woei' " 84 67 fil ('ac"! ;;'„X^^^^" ^"'^ ^'"^"'^'"^ ^'■''- «" ^- ^° -"-"<"^t« a^d amend Vhe' "' '' 164 N n!!!^"' ^''!'' ",""' '"^"™"^"^ <^° • "^n Act to incorporate the (Man., 1906) 1,9 North.rn Extension Railway Company, an Act respecting the (Man. 1904) J! ,rn..79r """'""'''' '" ^'' '" ^"'™' ^''^'•'«'- "»• *«=•• -Pectmgthe ""^.f 'Ss..";;;"^^'"""!'^ C^n^pan. -an A^t' \o amend an Act' to' Incorpo^t; "' ]g ..53, 66-60 IM INDBX Oeeidantal Fire Insurance Co., an Act respecting (A., 1906) 176,177 Old English Fertilizers Company, Ltd., an Act to Incorporate (N.S., 1906).. ..5J, 66-60 Ontario and Minnesota Power Company, Ltd., Act respecting (Ont., 1906) 10 Order* In Council and certain Crown suits. Act respecting certain (Ont., 1906) 7-9 Oyster Fisheries of Prince Edward Island, an Act respecting the (P.E.I., 1906) . .169-172 P Pieton Smelting Company, Ltd., an Act to incorporate (N.S., 1905) 53, 66-60 Prooedure, an Act to amend Art. 599 of the code of civil (Q., 1904) IJ Public lands, and Act to amend the law respecting (Q., 1906) si Q Quebec License Law. Act to amend (Q., 1905) 24,25 R Railways, Ai't respecting aid to ^rtatn (Ont., 1904) S Regina and Saskatchewan Ry. Co., an Act to Incorporate (S., 1906) 173 Religion, an Act relating to offences against (N.S., 1905) 62,66 Royal Plate Glass Insurance Co., of Canada, an Act to incorporate the (B.C., 19««) 164,166,166 R. T. Hclman, Ltd., an Act to incorporate (P.E.I., 1906> 169, 171, 172 s Saskatchewan and Alberta Ry. Co., an Act to incorporate (S., 1906) 173 Saskatchewan Central Ry. Co., an Act to Incorporate (S., 1906) 174 Saskatchewan Insurance Company, an Act to Incorporate the (S., 1906) 178 Settlers within the Esquimau and Nanaimo Railway Land Belt, &c., an Act to secure to certain pioneer (B.C., 1903-4) 120-126 South -East Kootenay Ry. Co., an Act to Incorporate the (B.C., 1906) 164 Southern Okanagan Ry. Co., an Act to incorporate the (B.C., 1906) 164 South Sea Sealing Company, Ltd., an Act to amend, &c., Act to Incorporate the (N.S., 1905) 54,59 Stillman Mineral Springs Company, Ltd., an Act to incorporate the (N.S., 1906) . .63, 56-60 St Lawrence Investment Society, Ltd., and to change its name, an Act to extend the powers of the (Q., 1905) 27-36 Supreme Court Act, an Act further to amend the (B.C., 1905) 164-167 Supreme Court of British Columbia, &c., an Act respecting the constitution, practice and procedure of the (B.C., 1903-4) 126, 130, 183, 134 Surveyors, an Act respecting Provincial Land (B.C., 1906) 146,168 Sydney Mines Athletic and Driving A.ssociatlon, an Act to incorporate the (N.S., "06) 64, 67. 69 T Taxes upon Commercial Companies and Corporations, Act to aAiend law respect- ing licenses and (Q., 1905) 14-24,25,28,29,31 Txx on transfers of shares, bonds, debentures or debenture stock. Act to provide for a (Q., 1906) 26, 31 Tax on transfers of shares, bonds, debentures or debenture stock. Act to provide for a (Q., 1906) 37 Toronto, Act respecting (Ont., 1906) .. | INDEX m Toronto General Truat. Corpomtlon, Act reBpectlng (Q 1904> Tru.t and Insurance Companle, In Quebec. Acts refpictin" 1905 " isee ,„ " Tru.t and Insurance Companies In Quebec, Acts respTot „K 1906 «!! "'""•''"^^> """ Twin City Chamber of Commerce. Act to Incorporate (Ont iToly . ""' ^ u:;::^r^^z^- ^:— - ~- - --■ •-> ., ...o 4 V Vanoouvor Incorporation Act, 190«. an Act .o amend the (B.C.. 1803-4) ,2e, ,30 w Wawan... Mutual Insurance Co., an Act respecting (A 1906) W..t.rn on and Coal consolidated, an Act to incorporate (T'm^^ ' '" W.n„ip., Plre .^^urance Co.. an Act to .ncorpo^te ':be Jl] Z^.-.o, ,0,,, „, ^ vrntrirxiu^t^crrn ^crr '-' ^ "^•""''-''' <°-- "»«> ^ irusi 1^0.. an Act to Incorporate the (Q.. 1905).. 2i -36