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House of Commons Debates

FOURTH SESSION-SEVENTH PARLIAMENT

HOUSE OF COMMONS.

THURSDAY, 15th March, 1894.

The Parliament, which had been prorogued from time to time, was now commanded to assemble on the 15th day of March, 1894, for the despatch of business.

the Crown in Chancery to make out new writs of election for the said electoral districts respectively.

NEW MEMBERS.

Mr. SPEAKER informed the House that the Clerk of the House had received from the Clerk of the Crown in Chancery certificates

The SPEAKER took the Chair at fifteen of the election and return of the following

minutes before Three o'clock.

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members :

Of ANDREW HASLAM, Esq., for the Electoral District of Vancouver.

Of HENRY STANISLAUS HARWOOD, Esq., for the Electoral District of Soulanges.

Of JOSEPH MARTIN, Esq., for the Electoral District of Winnipeg.

Of Sir JAMES A. GRANT, K.C.M.G., for the Electoral District of Ottawa City.

MEMBERS INTRODUCED.

Sir JAMES A. GRANT, K.C.M.G., Member for the Electoral District of Ottawa City, introduced by Sir John Thompson and Mr. Robillard.

HENRY STANISLAUS HARWOOD, Esq., Member for the Electoral District of Vaudreuil, introduced by Mr. Laurier and Mr. Tarte.

JOSEPH MARTIN, Esq., Member for the Electoral District of Winnipeg, introduced by Mr. Laurier and Mr. Davies (P.E.I.)

Mr. SPEAKER informed the House that he had received from the Judges selected for the trial of Election Petitions, pursuant to the Dominion Controverted Elections Act, ANDREW HASLAM, Esq., Member for the Eleccertificates and reports relating to the electoral District of Vancouver, introduced by Sir tions for the Electoral District of Soulanges, John Thompson and Mr. Mara. for the Electoral District of L'Islet, and for the Electoral District of Vaudreuil, wherein the said petitions were severally dismissed and the sitting members declared duly elected.

VACANCIES.

Mr. SPEAKER informed the House that during the recess he had received notification of vacancies which have occurred in the representation, as follows:

Of DAVID WILLIAM GORDON, Esq., Member for the Electoral District of Vancouver, by decease.

Of HUGH JOHN MACDONALD, Esq., Member for the Electoral District of Winnipeg, by resignation.

Of CHARLES HERBERT MACKINTOSH, Esq., Member for the Electoral District of the City of Ottawa, by the acceptance of an office of emolument under the Crown.

He also informed the House that he had issued his several warrants to the Clerk of

FIRST READING.

Bill (No. 1) respecting the Administration of Oaths of Office.-(Sir John Thompson.)

SPEECH FROM THE THRONE.

Mr. SPEAKER laid on the Table a copy of the speech delivered by His Excellency the Governor General to both Houses of Parliament in the Senate Chamber this day, which is as follows:

Honourable Gentlemen of the Senate:

Gentlemen of the House of Commons:

In the Queen's name I greet you, for the first time since assuming the high functions intrusted to me by Her Majesty; and it is with feelings of the liveliest satisfaction that I thus meet you assembled for the labours of another session of Parliament.

REVISED EDITION.

This feeling of satisfaction is enhanced by the opportunities which I have already enjoyed of visiting, and in my official capacity renewing acquaintance with, several of the chief centres of the enterprise and activity of this Dominion; nor need I refrain from assuring you that I have been deeply impressed by the heartiness of the reception accorded to me as Her Majesty's Viceroy and Representative, a reception which has once more manifested the loyalty, the cordiality and the public spirit of the Canadian people.

My predecessor was able to express gratification to you last year on an increase in trade and on the continued progress of the Dominion. It is gratifying to me to observe that the expectation which was then formed--that the volume of trade during the then current year would exceed that of any year in the history of the Dominion-has been fully realized, and that Canada's progress continues with every mark of stability and permanence.

It may be observed with satisfaction that a large proportion of this increase is shown to have been due to an extension of our commerce with Great Britain.

It is a cause of thankfulness that our people have been spared in a very great degree from the sufferings which have visited the populations of some other countries during many months past, and that while the commercial depression prevail¡ng abroad could not but affect the activity of business in the Dominion, we have been free from any extensive financial disaster or widespread distress.

The revenues of the year have been ample for the services which you provided for, and have met the expectations on which the appropriations of last year were based.

The peaceful conclusion, by the award of the arbitrators at Paris, of the controversy which had prevailed so long, with respect to the Seal Fisheries in the Pacific Ocean and the rights of British subjects in Behring Sea, has removed the only source of contention which existed between Great Britain and the United States with regard to Canada. There is every reason to believe that Her Majesty's Government will obtain redress for those Canadian subjects of Her Majesty who were deprived of their property and liberty without just cause while the controversy was in progress.

At an early date a measure will be laid before you having for its object a revision of the Duties of Customs with a view to meet the changes which time has effected in business operations of all kinds throughout the Dominion. While my Ministers do not propose to change the principles on which the existing enactments on this subject are based,

the amendments which will be offered for your consideration are designed to simplify the operation of the tariff and to lessen, as far as can be done, consistently with those principles and with the requirements of the Treasury, the imposts which are now in force.

There will also be laid before you a measure on the subject of Bankruptcy and Insolvency which will, it is hoped, make more adequate provision than now exists on that subject for the increasing trade and commerce of the country and for the greatly expanded trade between the several provinces of Canada.

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Measures will also be submitted to you making more effective provisions for our lines of steam communication on the Atlantic and Pacific Oceans, for improving the law with regard to Dominion Lands and with regard to the management of Indian Affairs; also a Bill respecting Joint Stock Companies, another with respect to the Fisheries, and several less important measures which experience has suggested with regard to various matters under your control.

Gentlemen of the House of Commons:

The Public Accounts will be submitted to you at an early date and also the Estimates of the expenditure which has been considered necessary for the ensuing year.

Honourable Gentlemen of the Senate :

Gentlemen of the House of Commons: While it is hoped that the public measures which will demand your attention will not be very numerous some of them will be of great weight and importance, and it is my earnest hope and prayer that the care and zeal which you will apply to the deliberations of the session may be aided by the abundant blessing of the Almighty.

Sir JOHN THOMPSON moved :

That the Address with which His Excellency has been pleased to open the Session be taken into consideration to-morrow. Motion agreed to.

SELECT STANDING COMMITTEES.
Sir JOHN THOMPSON moved:

That Select Standing Committees of this House for the present session be appointed for the following purposes.—1. On Privileges and Elections.-2. On Expiring Laws.-3. On Railways, Canals and Telegraph Lines.-4. On Miscellaneous Private Bills.-5. On Standing Orders.-6. On Printing.----8. On Banking and Com7. On Public Accounts. merce.-9. On Agriculture and Colonization ;--which said Committees shall severally be empowered to examine and inquire into all such matters and

things as may be referred to them by the House; and to report from time to time their observations and opinions thereon; with power to send for persons, papers and records.

Motion agreed to.

OFFICIAL DEBATES COMMITTEE.

Sir JOHN THOMPSON moved :

That a Select Committee be appointed to supervise the Official Report of the Debates in this House during the present session with power to report from time to time, to be composed of Messrs. Beausoleil, Béchard, Cameron, Charlton, Davin, Hazen, Innes, LaRivière, Lépine, Prior, Scriver, Somerville, Taylor, Weldon, and White (Cardwell).

tleman. The public awaited in breathless
silence and suspense the action that would
be taken with respect to these charges. The
charges were not made in an indirect way;
they were direct, positive charges of mal-
versation, and the bar of the different pro-
vinces-I speak more especially of the Mari-
time Provinces-listened from day to day to
hear the action that would be taken to re-
move the cloud which hung over, for the
first time, one of the justices of the Supreme
Court of the province.
It is well known that the judges of
taken.
the Supreme Court of New Brunswick at
least had not been averse in the past to
maintain what they imagined was their dig-
nity, by taking proceedings in the nature
of attachments for alleged contempt. It
was believed that possibly that course

No action was

Mr. LAURIER. Is it the same committee might be resorted to in the instance as last year?

Sir JOHN THOMPSON.

mittee.

Motion agreed to.

The same com

REPORT OF LIBRARIANS.

The Joint Report of the Librarians of Parliament was laid on the Table of the House. -(Mr. Speaker.)

ADJOURNMENT

I have referred to. No course of that kind was taken. After some period of time had elapsed the press generally challenged the action of those implicated who maintained this extraordinary silence, and it was asked whether, if proceedings were not to be instituted for contempt, at least proceedings would not be taken in the nature of a libel suit, in which the truth or falsity of those very grave and serious charges might be proven. It was felt and and known, Mr. Speaker, that silence was impossible to be THE NEW BRUNS- maintained very long. It was known that WICK JUDICIARY. it was impossible that this House, this Inquest of the Nation, could meet and prorogue without this matter, or this charge, or this alleged blot on the fair escutcheon of our judges being removed or explained away. It has been lately announced in the press that the judge so charged has tendered to the Government of the day his resignation of his judicial position. It is stated, Sir, that the Government have accepted that resignation. I rise to ask for information on these points. I am told, on what I conceive to be fair authority-the right hon. gentleman will correct me if my information is wrong that the Minister of Justice had this matter specially brought to his attention, not only brought to his attention, I may say, in a public form by reading the press, or having his attention called to the article, but that the incriminated judge also communicated to him with respect to it. informed that the whole matter was brought to the right hon. gentleman's attention. know the jealousy with which the Minister of Justice views the integrity of the bench. I have confidence in him in that respect, however little confidence I may have in him politically

Sir JOHN THOMPSON moved the adjourn ment of the House.

I am

Mr. DAVIES (P.E.I.) Mr. Speaker, before the House adjourns I would invite the right hon. gentleman, the Minister of Justice, to make a statement respecting certain changes that have taken place in the judiciary of the Province of New Brunswick. Under ordinary circumstances I would not, so early in the_session, bring this matter to the attention of Parliament, but the right hon. gentleman is aware, and the House and the country are aware, that the changes which have just taken place or one change at least which has taken place has been attended and sur rounded by circumstances of an extremely grave and serious character. In this country, Sir, we have been accustomed heretofore to boast that, whatever charges may have been made or bandied about by politicians from one political party to another as to political malversation in office, yet, so far as the bench of the country is concerned, it was, at any rate, pure and above suspicion. The hon. Minister of Justice will recollect that some months ago-I think it is six months agoone of the leading newspapers of St. John in a doubled leaded editorial preferred Mr. DAVIES (P.E.I.) I did not save mycharges of a very grave and serious character self "just," I saved myself wholly. I deagainst one of the hon. judges of the Supreme sire to say that this matter is not a mere Court of that province, charges so grave political squib. I am not speaking for poliand so serious that if they were true, of tical effect; I am speaking of a matter course all further confidence must cease in which every hon. member in this House, on the administration of justice by that gen- both sides, will recognize as exceedingly

Mr. FOSTER. Just saved himself.

I

grave. I am speaking of a matter which would be rendered still more grave if an improper silence were maintained by the representatives of the people in this House. I feel quite sure, Mr. Speaker, that if the hon. Minister of Justice were charged with receiving a bribe in the administration of his duties, the matter would properly and promptly be brought to the attention of the House and discussed. I feel quite sure, that if he were similarly charged, a day would not go by without the accusation being properly challenged and investigated, and I see no reason why the same prompt and energetic action should not be taken with respect to a charge which surrounds and attacks the integrity of one of the judges of the Maritime Provinces. When I passed through St. John the other day, I understood the hon. judge was still discharging his official duties on the ground that his resignation had not been accepted. I rise to know, Sir, whether this judge has resigned, whether his resignation was accepted, whether the charges preferred against him some months ago in the columns of the St. John 'Globe' were brought to the notice of the Minister of Justice, and whether the Government have voluntarily accepted a resignation which entitles him to superannuation, with out their taking any steps to make an investigation into these charges?

sonal character if any attempts should be made to follow up those charges in the regular way. I say in the regular way, because it has always been the practice of the Department of Justice, and I think is in every other country, to take no official cognizance of charges made in the press merely. The practice always has been, in my experience and I am informed, in the experience of my predecessors-that when a communication is made impugning the administration of justice, or the personal character of any judge, I require the person making the complaint, before it shall be noticed, to send that complaint to me in a way in which it can be communicated to the judge himself, and on the personal responsibility, at least, of the person who makes the charges. So far as I can recollect, there was no personal responsibility assumed by the writer of the article attacking Judge Palmer. If my memory serves right, the charges were made in an editorial, or a communication, I forget which.

Sir JOHN THOMPSON. Mr. Speaker, the hon. gentleman has brought to the notice of the House, on the motion to adjourn, a question of undoubted importance, and one which perhaps it would be more satisfactory to the House to consider when the papers on the subject are on the Table of the House, in order that members might be more fully aware of the considerations involved in the case; and in order, that even speaking for myself and my own department, I should have greater accuracy in the explanation which I should give to the House, than if I relied upon memory. But, answering the hon. member's questions in the way in which they are put, and relying upon my memory entirely for the material with which to answer the hon. gentleman, I would say that the comments of the St. John' Globe I think that was the paper the hon. gentleman mentioned-were brought to my notice by a copy of the paper being sent to me, where I then was, outside of this country. I am unable to recollect any instance in which they were called to my notice or attention in any other way than by the perusal of the paper. But communication was made to me, not directly, but indirectly, by the judge who was so charged in the press; and the statement which was made to me, indirectly and orally, on his behalf, as I was given to understand, was one which absolutely denied the truth of the statements involved, and made explanations with regard to the details of the transactions which justified me in believing that the judge impugned intended to vindicate his judicial and per

Mr. DAVIES (P.E.I.) An editorial.

me

I say,

Sir JOHN THOMPSON. Of course, the publisher of the paper was amenable to justice, if he were slandering the judge, by proceedings for libel, or attachment, or other proceedings for contempt; but as to personal esponsibility for the allegations therein made, personal responsibility, I mean, as to the knowledge of the writer of the truth of the charges so preferred, there was none. Sir, that my own practice has been that when such charges have been preferred in regard to any judge, whether a county judge or a judge of a superior court, I communicate the charge which has been thus made to the judge against whom it has been preferred. If the judge whose conduct is so impugned makes a denial, or what appears upon its face to be a satisfactory explanation of the charges which are thus preferred, the course has invariably been to inform the author of the complaint that any further proceedings on that subject must be taken before Parliament, because, by our constitution, as members are well aware, steps for the removal of a judge can only be taken by way of an Address from both Houses of Parliament to His Excellency to cause the judge to be removed. I am speaking, of course, now in this particular case, of an imputation against the conduct of a judge of a superior court. In the case of judges of county courts, there is a statutory provision under which it is my duty to inform the person who makes the charge against a county judge, assuming, of course, that the charges are such as to justify an inquiry, that if he thinks proper to pursue the inquiry further, a commission will be issued appointing a judge of a superior court to investigate the cause under the statute with a view to the exercise by the executive of the power of removal of the county judge, if the circumstances should justify his removal. I wish the House, there

Sir JOHN THOMPSON. It is not customary to lay reports on the Table until the Speech is considered. I hope the report will be ready for submission very soon afterwards.

fore, to understand from this explanation that there was no communication addressed to ine of that kind, no communication other than that which appeared in the newspaper which the hon. gentleman has referred to, and that the explanations, therefore, which were placed before me on the part of the learned judge himself, were placed before me on his own motion and instance, and not Mr. EDGAR. Before you leave the Chair, as the result of any communication from my-let me say that I think the First Minister self.

The next question which is asked is whether the learned judge has tendered his resignation. The judge in question has tendered his resignation, and that resignation has been accepted. The circumstances under which it was accepted are these: The judge has reached the age of 74 years; he has been within a very few months of 15 years on the bench as judge in Equity of the Province of New Brunswick. The medical certificates which were laid before us are as strong as any that in my experience have ever been presented by a judge retired from the bench on the ground of incapacity for duty. Those certificates state that the judge, by advanced age and infirmity, had been deprived entirely of the sight of one eye, and therefore relied solely, in reading or writing, upon the other eye, which had been blind for a number of years before, but the sight of which had been eventually restored by medical treatment. Under these circumstances, and especially in consideration of his advanced age, I think we were justified in accepting his resignation.

Mr. LAURIER. The hon. gentleman has not stated, but perhaps he can say now, when the resignation was accepted, and when communicated to the judge.

Sir JOHN THOMPSON. It was recently, I think, about two weeks ago, or ten days. I will ascertain the date.

Mr. DAVIES (P.E.I.) Has it been communicated to the judge by letter?

Sir JOHN THOMPSON. I think So, though I cannot say positively, because my department is not the department that makes such communication. I will ascertain, and inform the House to-morrow.

Mr. MILLS (Bothwell). I understand from the right hon. gentleman's statement that he did not call the judge's attention to the article, and ask him with regard to the matters therein set out.

Sir JOHN THOMPSON. No.

THE COMMISSION ON THE LIQUOR TRAFFIC.

Mr. LANDERKIN. Before you leave the Chair, I would like to inquire of the Government when the report of the Royal Commission on the question of prohibition, will be submitted to the House.

COPYRIGHT.

will agree with me that the time has arrived for the consideration by Parliament of the copyright dispute between Canada and England. I do not want to discuss it until the papers are brought down showing the latest phase that it has assumed; and I would ask the Minister if he will lay before the House at the very earliest day, all the papers that are in the possession of the Government and that he can produce, since the last occasion on which returns were laid before the House, which was in 1891. I think on this question there should be no difference of opinion in this House, because I am sure that those who have sent us here will expect us all to maintain firmly what we consider to be the rights of self-government of Canada; and unless I am very much astray, an important right of self-government is involved in this decision.

Sir JOHN THOMPSON. I agree with what the hon. gentleman has said, and if he will endeavour to have them ready by the time move for the production of the papers I will

the motion is carried.

Motion agreed to; and the House adjourned at 4.05 p.m.

HOUSE OF COMMONS.

FRIDAY, 16th March, 1894.

The Speaker took the Chair at Three o'clock.

PRAYERS.

THE GOVERNOR GENERAL'S INSTRUC

TIONS.

Queen's repre

Mr. MILLS (Bothwell). Before the Orders of the Day are called, I wish to call the attention of the Prime Minister to a paragraph in the Speech from the Throne in which His Excellency is designated the Viceroy and sentative. I should like to ask the hon. gentleman whether any change has been made in the terms of the Governor's Commission, and if so, whether he is prepared to lay the document on the Table of the House? The hon. gentleman knows that the Governor is not a Viceroy, unless Her Ma

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