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building of railways, because everything done to facilitate trade between one point and another and to give cheaper transportation, was doing away with that natural protection which the hon. gentleman desired to compensate for by artificial protection. The motion was one that could not possibly inure to the advantage of agriculture.

tion to the subject and was not aware that | hon. member, to be consistent, should it was within the power of this House to have opposed any appropriation for impose duties upon the production of the the enlargement of our canals and American farmer to foster and encourage the agricultural interests of this country. What Canadian farmers most required was to be let alone. What they needed was that they should be able to get the articles they required at the lowest prices possible. They wanted the liberty to sell in the best markets, and they wanted the equal liberty of purchasing in the best markets. They recognized their obligation to bear their fair proportion of the burdens Jo taxation. He believed they did this, and he did not think they did anything If the time should ever come when the agricultural interests of Canada required further protection in order that they might exist, then the time would come when they should be no longer coninued. He did not know that the Government possessed facilities to make that profitable which otherwise would be unprofitable except at the expense of the community generally. Providence had so ordered things that it was not in the power of the Government to tax any people except those they governed, and any taxes they imposed could only be a burden upon their own people if the articles taxed were imported into the country. If we had a surplus of agricultural products, foreign markets regulated the prices for them, and if large quantities of foreign grain were imported, it was only for the purpose of exporting them again. The more traffic passed over our channels of transportation, the cheaper was the price of transport to ourselves. The increase of trade and industry in the country indirectly compensated us for all our expenditures upon canals and public works of that character. If we could by securing the carrying trade of the West double the population of Montreal within the next fifteen years, he apprehended that the 150,000 people who would settle there that otherwise would not be in the country, would bear their fair proportion of the public burden, and that population would pay more than the interest upon the debt incurred upon the improvements that were being made. But of what advantage or use would those public improvements be if we were to impose barriers to the importation of American cereals as the hon. gentleman suggested. The Mr. Mills.

Mr. DYMOND said this. was a motion of an utterly futile character, and would come to the same unhappy and disastrous conclusion as similar ones that had preceded it. They had all been strangled without coming to any practical result. In 1872 Mr. FRANCIS JONES moved for a committee. Questions were sent out all over the country, and out of some thousands of circulars a few hundreds of replies were received. In 1873 Mr. JONES moved his resolution again, and the result was that there was a debate and an adjournment, and nothing more was heard of it. In 1874 the mantle of the departed JONES was taken up by the hon. member for North Wellington, who obtained a committee. The history of that committee was a melancholy one. In the first place the hon. gentleman nearly came to a dead lock, on a point of order, in his attempt to get the number increased. The good feeling of the House came to his aid, and the hon. gentleman proceeded. After a most painful period of incubation the hon. member found it quite impossible to hatch his egg, and he went with his friends to the manufacturers' committee to ask if it would take the great agricultural interest into its ample bosom and nurse it into life. The Manufacturing Interest Committee, though consisting of large hearted men, was busy about its own affairs. At last the hon. gentleman and his friends, finding it impossible to do anything on their own account, procured the answers obtained to the questions sent out by the abortive JONES Committee a year or two before, and on these documents, which were worthless in themselves, proceeded to found a report. When the adoption of that report was moved, the unfortunate constructors of it were told it was out of order. Strange to say it nevertheless appeared in the votes and proceedings, and the illegitimate bantling of the

The

hon. member was safely bound up with exception was taken to it by the agricul the legitimate offspring of the session. tural community, but seeing that there After that history of committees on behalf was going to be none, they were now of the agricultural interest, the hon. gen- crying out for protection. They contended tleman might have been satisfied to let the that if protection was good far the manumatter drop, because if his last report were facturers it must be good for them. worth anything, surely he ought to be true policy of the farmers, however, was to able to found a motion on that report at oppose all increase in taxation and reduce the present time. What was another com- it whenever it was possible to do so. Supmittee wanted for? To send out more pose a duty were put upon American grain circulars and find out if the farmers imported into the country, there must be a wanted protection or not? If the hon. mem-duty on coal. That would increase the

ber did not know what the farmers wanted,
what right had he to occupy the time of the
House for an hour on the subject. There
were many members in this House
connected with agriculture, and they
could state what that interest wanted.
What did this House want to know about
the agricultural interest more than it knew
already? The hon. gentleman did not
want a committee; he knew if he had one
he would have to chase around the lobbies
for a quorum and after all might not suc-
ceed. His (Mr. DYMOND's) advice to the
hon. member was to rest satisfied with the
triumph he had won in delivering a speech
that
few had heard, and if
next session he was a wiser man he would
bring up the subject in such a form as
would enable him, if he should succeed in
carrying it, to scale the Treasury Benches
and form the new Government of
of which, 110 doubt, he hoped to
become a distinguished member.

very

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price of manufactures, and the manufacturers would come to this House for an increase of taxation. Now he contended that the proper way was to reduce taxation in order to enable the farmers to raise crops at the lowest possible cost, and to compete with the markets. Anything he could do in committee or otherwise to further the interests of the farmers he would do. If it were possible to increase the fertility of the soil or the resources of agriculture he would regard it as a benefit, but to appoint a committee to sit here and advise that this House should impose further taxation would be futile. But it was contended that it would increase the revenue. Now there was a return showing the amount of duties received from the 7th April to the 31st December from flour, wheat and other grain, and the total amount received for nine months under that tariff was $109,956. At the same ratio the whole revenue from that source for the yearMr. FLEMING said it was unfortunate would be $146,568. This was all that we that all the Agricultural Committees which should gain for revenue purposes by the had been moved for in this House, had imposition of such a duty. Was it worth failed to attain the object for which they while to tax the people for that amount? were intended. He recollected that in He had heard another argument used— 1864 the hon. GEO. BROWN moved for an that it would be a retaliatory measure and Agricultural Committee, and that committee would force the Americans to open their was a perfect failure. Neither Conserva- ports to us. It was well known that when tives nor Reformers had anything to boast our neighbors abrogated the Reciprocity of in moving for such committees. How-Treaty that their intention was to force us ever much they might desire to improve and further the interests of that portion of the community, at all events Agricultural Committees as organized in this House, had never succeeded in accomplishing anything. The true position for agriculturists in this country was not to cry for protection but for a reduction of taxation. Unfortunately, last session the necessities of the Government required an increase of revenue, and additional taxation was put on manufactured goods. Expecting the Reciprocity Treaty no Mr. Dymond.

into annexation. They did not succeed in that, and when we found forty millions of people could not coerce four millions, was it likely that four millions were able to force forty millions of people into the adoption of a policy against their wishes? This motion brought up the whole question of free trade and protection. He contended that our true policy as a country, was to offer all the facilities possible for traffic and trade in the country, and we should then build up the manufacturing interests of the Dominion in the right way. They

would never be firmly established on such a basis, but should be founded on free competition with other countries.

might or might not be necessary for a bridge. If tolls were not a necessary incidence to a bridge, although they would

It being six o'clock, the SPEAKER left naturally be associated with it, the chair.

·:++:

AFTER RECESS.

PRIVATE AND LOCAL BILLS.

The following Private and Local Bills passed through committee and were read the third time and passed

To amend the Act 37-38 Victoria Chapter 115, incorporating the International Express Company.

To incorporate the Metropolitan Insurance Company of Canada.

BRIDGE OVER RIVER L'ASSOMPTION.

Mr. BABY moved that the House resolve itself into Committee of the Whole to consider the Bill to authorize FRANCOIS XAVIER GALARNEAU and others to build a bridge over the River L'Asssomption in the Parish of L'Assomption.

Mr. DYMOND desired to call the attention of the hon. Minister of Justice to the Bill, because he thought when the hon. gentleman had considered it, he would decide that the main subject dealt with was outside of the jurisdiction of the House, or if it were shown that the House possessed such jurisdiction, other matters incorporated in the Bill were clearly beyond the province of the House to deal with. The bridge which it was asked to build was already built, and had been in existence for fifteen years. It was private property, and no one could have access to it, except with permission of the owners. The only ground on which any one could apply to Parliament, and ask for powers to erect and maintain a bridge was that the bridge was to cross a navigable river, the object being to prevent navtigaion it being obstructed The promoters of the Bill did not desire to be put to the expense of constructing a swing or draw to the bridge which was already built, and a clause in the Bill stated that the bridge should not be provided with such machinery as there was no navigation above the bridge. That was the best possible proof that the river was not navigable in such a sense as to entitle Parliament to deal with the subject. The Bill also provided for the levying of tolls, which

Mr Fleming.

Parliament had no right to deal with the subject. Moreover, the House was asked to give police jurisdiction in connection with the bridge, not only to protect passengers from being assaulted or interfered with when on the bridge itself, but to protect them on roads and avenues leading therefrom. These, however, were matters under municipal control, and did not come within the domain of Federal legislation. If there were no navigation above the bridge, it could not be a navigable stream, and therefore it was incompetent for this. Parliament to say whether a bridge should. be constructed over the stream or not.. The Bill then went on to provide against the establishment of a ferry in the neighborhood. The Confederation Act explicitly provided that the Federal Parliament should only have the power of establishing a ferry, in certain cases, of which this was not one, and it was therefore impossible that it could enact that there should not be a ferry in this instance. The Bill also conferred certain powers upon the local magistrates-something which was entirely within the jurisdiction of the Local Iegislature. The last clause of the measure was of itself a proof that the promoter knew he was asking the House to exceed its powers, for it made the absurd and extraordinary admission that this Parliament was possibly doing something which might conflict with the jurisdiction of the Legislature of the Province of Quebec.

There was no

doubt that in the past a great many evil precedents had been set in regard to legislation of this class. He remarked that there were a great many legal gentlemen on the Private Bills Committee, and there was in this as in all similar matters an extraordinary affinity between them which made them unite in passing it through. The less they dealt with Private Bill legislation in the Federal. Parliament, he contended, the better. When an hon. member called attention, in the Private Bills Committee, to some point in a Bill affect ing another Province than that from which he came himself, he was told he was speaking of a subject of which he knew nothing. The rebuke was a fitting one. and was really the strongest argu

ment that could be put into any man's belonged to the parties making application mouth against this Parliament legislating | for power to construct this bridge, that a on local subjects. With regard to the Bill in question, he submitted, that it was beyond the jurisdiction of the House; if that point were decided against his opinion, he would ask that the clauses to which he referred should be struck out; and, in conclusion, he submitted that it contained in reality a proposal that the House should stultify itself.

Hon. Mr. MACKENZIE said he thought the objections of his hon. friend were valid. It was clear the Bill could not be allowed to pass in its present shape. This Parliament had clearly nothing to do with the ferries, unless over a navigable river communicating with the sea. The House had no business to submit anything to a Municipal Council. The House could neither direct them to do anything, nor make any legislation subject to their approval. This whole matter must de dealt with by the Local Legislature, and he felt bound to object to the Bill in its present shape.

Mr. BABY said the provisions of this Bill were exactly the same as those contained in a Bill passed last year for the erection of a bridge over this same river at a point nine miles higher up the stream. That Bill had been submitted to the then Minister of Justice, and approved of by him. Perhaps this one could not be passed exactly in its present shape, but he thought the necessary alterations could be made in committee. The provision regarding the approval of the Municipal Council was inserted at the suggestion of the Minister of the Interior. The stream in question was really a navigable river for three months of the year, and steamers had gone nine miles above it. He called upon his hon. friends from Montreal East, from Drummond and Arthabaska, and from L'Assomption to state what they knew of the necessity of this bridge. He proposed, when the House went into Committee to eliminate the last clause, and insert instead that the whole be subject to the approval of the Governor in Council.

Mr. MACLENNAN, as chairman of the Private Bills Committee, was ready to give a few explanations as to the manner in which the Bill appeared before that committee. It was explained that the river was for a great part of the year navigable, that the land on either side Mr. Dymond.

bridge had existed there for some years, that it was in fact a private bridge erected by these parties at their own expense, and maintained by the collection of tolls. The hon. member for North York raised a question before the committee as to the jurisdiction of this Parliament in the premises. Of course that was a nice question of law, but the hon. gentlemen had no doubt whatever upon the point of law. There were some legal gentleman on the committee, but they were far from being quite as clear. The hon. member for North York was always very clear upon all points-particularly upon points of law.

The

committee had to consider whether they would report against the Bill, and thereby prevent what was represented to be a very useful public enterprise. They thought, and the House would certainly agree with them, that it was not for them to determine a nice point of law with regard to the jurisdiction of this law, and that it was better for them to report the Bill in order that the House might itself deal with it. The committee were further influenced in the course they took by the consideration that during the last session of Parliament a similar application was made to the House, and when the Bill came before the committee it was referred to the Minister of Justice, who made such amendments to it as he thought the circumstances demanded, and the Bill was finally passed. The committee thought they would not be doing their duty to the House unless they followed the precedent which was set them by the committee and the Minister of Justice last year. They therefore determined to report the Bill in the form in which it now stood. With reference to the provision against the obstruction of the navigation, they thought it was only right that some provision on the subject should be introduced into the Bill; and the First Minister would see that it was provided that the arches of the bridge should not be less than five feet above the water level. They might make them as much higher as they pleased, but it had been determined that they should be that high anyhow. The First Minister was not quite correct when he said that navigable streams, according to the interpretation of the British North America Act, were streams which were tidal.

Hon. Mr. MACKENZIE—I did not say so.

Mr. MACLENNAN said the committee concluded, at any rate, that the stream in question was a navigable one, and that the Local Legislature would have no jurisdiction with regard to it.

Hon. Mr. MACKENZIE said he thought his hon. friend would see that it was quite impossible to call this a navigable stream when the bridge over it was only required to be five feet above the water level. No vessel navigating our rivers could pass underneath it. He did not agree that the committee could not consider the question of jurisdiction. Indeed, he was of opinion that that was one of the questions which they had a right to consider, and which they ought to consider. In other committees great care was taken to see that the Bills did not contain unconstitutional provisions, and wherever such provisions were found to exist the clauses containing them were struck out. There could be no reason why the Private Bills Committee should not act upon the same principle, and indeed there were the very strongest reasons why they should act upon it. The Bill now before the House described modes by which penalties might be recovered, and it undertoook to state what were the duties of Justices of the Peace in civil cases, something with which this House had really nothing to do. Then it gave the Municipal Councils the power of deciding whether they should put the legislation of this House into effect or not, That certainly could not be done. The Bill interfered with the powers of the Local Legislature. This Parliament had the right to authorize the construction of a bridge over a stream which was navigable, but when they did that they had reached the extent of their powers. The Bill of last session-with the provisions of which he was far from agreeing-provided that there should be no interference with the navigation, and that the passage of the river should be kept open at all times by the proprietor of the bridge. In order to admit of this being done it was provided that the bridge should be a swing-bridge; so that there was a very great difference indeed between the provisions of the Bill passed last session and that now before the House. But even if the House did last session pass a law which it should Hon. Mr. Mackenzie.

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not have passed, that was no reason why the same thing should be done a second time. Such legislation as this could not, properly be had in this House, for it was quite clear that even if the Bill passed it would be of no use, at any rate it could not be permitted to go on in its present shape.

Mr. JETTE said he would be very sorry indeed if this Bill did not pass. He knew it was of the utmost necessity that this bridge should exist at the place indicated. A bridge had been in existence there for the last fifteen years and it was at present in a bad condition. If this Bill did not pass the inhabitants would be without the means of crossing the river, and would be practically shut out from the rest of the Province. He believed it was agreed in committee that the clause relating to whether or not the bridge should be a swing-bridge should be modified. His hon. friend from Joliette was prepared with an amendment in that connection which would meet the reqirements of the case. He believed the principle admitted in committee was that this Parliament had a right to grant the privilege of building bridges over all navigable rivers, and having this right it was "contended that this Parliament could also grant all incidental powers necessary for the execution of the work. If, however, any of the clauses were unconstitional that could be remedied in committee. He did not think that the Bill interfered with the legislative rights of the Province of Quebec, for it was exactly similar in its provisions to that drawn by Mr. DORION last year. It was, perhaps, true that frequently in legislation of this kind encroachments were made upon the powers of Local Legislatures, which was a very good argument in favor of the necessity which existed for the Bill, introduced by the Minister of Justice this session, to create a Supreme Court. There were Bills, for example, passed by which powers were granted to mortgage property, while it was well known that the regulation of property was exclusively within the jurisdiction of the Provincial Legislatures.

Mr. PALMER thought the depth of the water did not decide whether a steam was navigable or not, because though it might not be navigable by large vessels it might be navigable by canoes and small boats. He considered this was a very

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