July 3, 1903

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The MINISTER OF RAILWAYS AND CANALS.

To meet the suggestion of the leader of the opposition, I propose to insert the words ' sealed with the company's seal ' after the words ' minute book ' or ' minute books.'

Topic:   SUPPLY OF MILITIA TENTS.
Subtopic:   RAILWAY ACT, 1903.
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Amendment agreed to. On section 71,


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The MINISTER OF RAILWAYS AND CANALS moved :

That the words ' absolutely in his own right ' be struck out.

He said : A great many persons who are acting as directors of prominent railway companies are trustees and not the absolute owners in their own right of shares. That is the usage. The matter is rather one of domestic concern than otherwise. It does not concern the general public and I see no objection to Striking out the words ' absolutely in his own right-.'

Section, as amended, agreed to.

Topic:   SUPPLY OF MILITIA TENTS.
Subtopic:   RAILWAY ACT, 1903.
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CON

Samuel Barker

Conservative (1867-1942)

Mr. BARKER.

I think the hon. member for East Toronto (Mr. Kemp) raised some question about the residence of directors. I suppose that will be open for discussion when this Bill is reprinted ?

Topic:   SUPPLY OF MILITIA TENTS.
Subtopic:   RAILWAY ACT, 1903.
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The MINISTER OF RAILWAYS AND CANALS.

Yes.

On section 196,

Every company shall make crossings for persons across whose lands the railway is carried, convenient and proper for the crossing of the railway fqr farm purposes. In crossing with live stock, the same shall be in charge of some competent person, who shall use all reasonable care and precaution to avoid accidents. 51 V., c. 29. s. 191 Am.

Topic:   SUPPLY OF MILITIA TENTS.
Subtopic:   RAILWAY ACT, 1903.
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CON

Edward Arthur Lancaster

Conservative (1867-1942)

Mr. LANCASTER.

The hon. member for East Grey (Mr. Sproule) had one or two amendments to propose to this section. He is not here, but he will be here to-morrow. I .think in his absence it would be hardly fair to go on with the section.

Topic:   SUPPLY OF MILITIA TENTS.
Subtopic:   RAILWAY ACT, 1903.
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LIB

Mahlon K. Cowan

Liberal

Mr. COWAN.

On section 196 I have an amendment to propose to meet the requirements of the recent case of the Ontario Lands and Oil Company vs. the Canada Southern Railway Company, which is to be found in volume one, Ontario Reports, 1901, and in which the words ' is carried ' in section 196 are commented upon. It is there held by Mr. Justice Meredith that the words ' is carried ' refer only to railways constructed subsequent to the passing of the Act, and if the section is left in its present form in this Bill the words ' is carried ' would refer only to railways, according to this decision constructed after the passing of this Act. I therefore beg to move, seconded by the hon. member for Haldimand and Monck (Mr. Thompson) :

That the words * is carried ' be struck out and that the following be inserted in lieu thereof: ' Which at any time has heretofore or shall hereafter be carried.'

This is to meet the suggestion made by Mr. Justice Meredith, one of the members of the divisional court, whose decision will be found at page 222 of the report previously cited.

Topic:   SUPPLY OF MILITIA TENTS.
Subtopic:   RAILWAY ACT, 1903.
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Mr BARKER.

Would not that alter the liability of a railway company where the railway perhaps has been constructed for twenty years and where the crossing may have been paid for ?

Topic:   SUPPLY OF MILITIA TENTS.
Subtopic:   RAILWAY ACT, 1903.
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LIB

Mahlon K. Cowan

Liberal

Mr. COWAN.

Of course, that would be subject to agreement.

Topic:   SUPPLY OF MILITIA TENTS.
Subtopic:   RAILWAY ACT, 1903.
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The MINISTER OF RAILWAYS AND CANALS.

We will allow this section to stand and I will consider it.

Topic:   SUPPLY OF MILITIA TENTS.
Subtopic:   RAILWAY ACT, 1903.
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LIB

Mahlon K. Cowan

Liberal

Mr. COWAN.

There is another point that I would like to draw f,lie attention of the hon. minister to and it refers to the case of a farm that has been sold or transferred after the construction of the railway. In this section it says :

Every company shall make crossings tor persons across whose lands the railway is carried.

If a person had not owned the land prior to the construction of the railway, of course, the railway could not be carried across his land. Therefore, it should be so worded as to apply to the present owner.

Topic:   SUPPLY OF MILITIA TENTS.
Subtopic:   RAILWAY ACT, 1903.
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The MINISTER OF RAILWAYS AND CANALS.

You are using the words 'is carried ' in the sense of their meaning when the road was first constructed ?

Topic:   SUPPLY OF MILITIA TENTS.
Subtopic:   RAILWAY ACT, 1903.
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LIB

Mahlon K. Cowan

Liberal

Mr. COWAN.

No, I am not using the words ' is carried ' at all. The section uses the words ' is carried.'

Topic:   SUPPLY OF MILITIA TENTS.
Subtopic:   RAILWAY ACT, 1903.
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The MINISTER OF RAILWAYS AND CANALS.

You are interpreting them ?

Topic:   SUPPLY OF MILITIA TENTS.
Subtopic:   RAILWAY ACT, 1903.
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LIB

Mahlon K. Cowan

Liberal

Mr. COWAN.

I am not interpreting them, but I simply stated the interpretation put by the divisional court upon them.

Topic:   SUPPLY OF MILITIA TENTS.
Subtopic:   RAILWAY ACT, 1903.
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The MINISTER OF RAILWAYS AND CANALS.

We will allow this section to stand.

Topic:   SUPPLY OF MILITIA TENTS.
Subtopic:   RAILWAY ACT, 1903.
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IND

Jabel Robinson

Independent

Mr. ROBINSON (Elgin).

Section 197 says :

The company shall erect and maintain, upon the railway, fences, gates and cattle-guards as follows :-

(2.) Fences, of a minimum height of four feet six inches, on each side of the railway, and swing, or sliding gates.

I would like to have the words ' sliding gates ' taken out. The swing gates are all right, but we do not want sliding gates twelve feet in length or shorter, because, when the snow comes in the winter time it is almost impossible for a man and much more for a boy or a girl to open these gates. If they are made to swing on hinges any child can open them, and it is no trouble to shut them, but it is almost impossible for children to open or shut these gates *even in summer time. I would beg of the minister to strike out these words ' or sliding gates.' If he does that he will oblige the people in our section of the country very much.

Topic:   SUPPLY OF MILITIA TENTS.
Subtopic:   RAILWAY ACT, 1903.
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LIB
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The MINISTER OF RAILWAYS AND CANALS.

I am afraid that the hon. gentleman will not find a consensus of opinion in that direction. I know that some people prefer the sliding gates to the swing gates.

Topic:   SUPPLY OF MILITIA TENTS.
Subtopic:   RAILWAY ACT, 1903.
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IND

Jabel Robinson

Independent

Mr. ROBINSON (Elgin).

Perhaps they have not so much snow in your part of the country.

Topic:   SUPPLY OF MILITIA TENTS.
Subtopic:   RAILWAY ACT, 1903.
Permalink

July 3, 1903