May 17, 1904

LIB

Charles Fitzpatrick (Minister of Justice and Attorney General of Canada)

Liberal

Mr. FITZPATRICK.

No notice has been given of this amendment and therefore I would like to have an opportunity to consider it, although I must confess so far as I am personally concerned, that my own desire would be that a provision of this sort should be inserted in a General Railway Act, and be made applicable to all railway companies in Canada. I can see no reason why we should distinguish in the case of this particular company. I would draw attention to the fact that for a great many years we have had a provision in the law that foreigners may be shareholders and directors in Canadian companies and entitled to direct the affairs of the companies. That has been the law since 1888, and I think long before that. I know of no exception to that except in the case pointed out, the Canadian Pacific Railway, and I am not quite sure that that is still the law respecting the Canadian Pacific Railway. I would like to have time to inquire into that if my hon. friend (Mr.) Casgrain) has not investigated it.

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CON

Robert Laird Borden (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. R. L. BORDEN.

Certainly ; I think that is reasonable.

Amendment (Mr. Casgrain) allowed to stand.

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CON

Robert Laird Borden (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. R. L. BORDEN.

It may be convenient to give notice now of two other amendments which we will move and then perhaps let the matter stand until to-morrow, and until these have been considered. There are two other amendments which we propose moving. As far as I know the two amendments that I am now about to refer to will be all that we will move in committee. I do not wish to be understood as saying that there may not be some further amendments on the third reading because I am merely referring to the committee stage. In order to get through the committee stage within a reasonable time it is possible that one or two other amendments which were to have been moved may be reserved until the third reading. My hon. friend from Leeds and Grenville (Mr. La-vell) who expected to move this to-night will move to-morrow, if that arrangement meets with the approval of the government, the following proposed amendment:

That the Bill be amended by adding thereto the following section as section No. : -

If at the expiration of the lease mentioned in the eleventh clause of the supplementary agreement the Pacific Company shall elect not to retain one or more of the branch lines in said clause mentioned, the government shall be entitled in such case to take over not only such branch line or lines as the said company so elects not to retain, but any one or more of the remaining branch lines which the government under the circumstances may think

necessary or requisite for tile efficient or profitable operation of tire eastern division, and the value thereof shall be determined in the manner and subject to the deduction in the said eleventh paragraph set forth.

Perhaps I may acid a word as io what it means. The eleventh clause of the supplementary agreement gives to the Pacific Company the option to retain, if it sees fit, certain of the branch lines and those not retained must be taken over by the government. The object of the amendment is to provide that if that election is exercised by the Pacific Company and if the government is obliged to take over the remaining lines the government, then, in its turn shall have the option to take over one or more of the lines so retained by the company which jthe government may think necessary or requisite for the efficient or profitable operation of the eastern division.

The other proposed amendment of which I wish to make communication to the government is this :

That the Bill be amended by adding thereto the following section as section No.

Notwithstanding anything in the scheduled agreements, or in this Act, or in the Act hereby amended contained, it is hereby declared and enacted that in the event of the government determining to undertake the operation of the eastern division upon the termination of the said lease, the government shall be entitled for a further period of fifty years to such running powers and haulage rights over the western division, or any portion thereof and over any branch line or lines running from any point or points in the eastern division as may be necessary or expedient in the opinion of the government, upon such terms as may be agreed upon between the government and the Pacific Company, or as may from time to time in case of failure to so agree be determined in the manner provided by clause 24 (2) of the original agreement, which is hereby made applicable to cases arising under this section.

_ This amendment is concerned with a subject that has already formed a topic of discussion between the hon. Minister of Justice and myself and other hon. members on this side of the House, and I do not think that any explanation of it is necessary.

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CON

Albert Edward Kemp

Conservative (1867-1942)

Mr. KEMP.

In connection with the question that my hon. friend from Montmorency (Mr. Casgrain) brought up with reference to the directors being British subjects,

I may draw the attention of the right hon'. Prime Minister to the fact that when the Act of incorporation was under consideration in this House last year I moved an amendment similar to that to which attention has been directed by my hon. friend from Montmorency, and the right hon Prime Minister said that he thought it would be better, instead of putting it into the Act of incorporation, to put it Into the contract and that he would take steps to have it put in the contract. It has been overlooked. He will find his statement in reference to

that matter at page 8066 of last year's ' Hansard.'

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LIB

Wilfrid Laurier (Prime Minister; President of the Privy Council)

Liberal

Sir WILFRID LAURIIER.

I overlooked it and I suppose we all overlooked it also, but there is a good deal to he said in favour of the idea, and I think the suggestion of my hon. friend the Minister of Justice is perhaps the best that it should be made a general law applicable to all railway* corporations in this country.

Progress reported.

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GRAND TRUNK PACIFIC RAILWAY- APPOINTMENT OF COMMISSIONERS.


House went into committee to consider the following proposed resolution : Resolved, that it is expedient to amend section 9 of the National Transcontinental Railway Act, so as to provide for the appointment of four commissioners of the Transcontinental Railway, instead of three.-Sir Wilfrid Laurier.


LIB

Wilfrid Laurier (Prime Minister; President of the Privy Council)

Liberal

Sir WILFRID LAURIER.

The Act which we passed last session provided that the construction of the eastern division of this railway should be confided to three commissioners. I have moved that instead of the work of construction being entrusted to three commissioners it should be entrusted to four and the only reason I have to give for this is that in a matter of this magnitude in which all sections of the country are interested, the centre, the east and the west, the different provinces and sections of the country should be represented, that Ontario should be represented by one commissioner, Quebec by one, the maritime provinces *by one and the western section also by one. That is the reason for the amendment which I now propose.

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CON

Thomas Simpson Sproule

Conservative (1867-1942)

Mr. SPROULE.

Will the appointment of a fourth commissioner carry with it the salary that the other commissioners get ?

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LIB

Wilfrid Laurier (Prime Minister; President of the Privy Council)

Liberal

Sir WILFRID LAURIER.

The salaries have been provided for but they have not been fixed yet. I suppose the fourth will be entitled to the same salary as the other three commissioners.

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CON

Robert Laird Borden (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. R. L. BORDEN.

I did not quite gather the reasons the hon. gentleman gave. There is to be one commissioner for Ontario ?

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LIB

Wilfrid Laurier (Prime Minister; President of the Privy Council)

Liberal

Sir WILFRID LAURIER.

Yes.

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CON

Robert Laird Borden (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. R. L. BORDEN.

One for Quebec ?

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LIB

Wilfrid Laurier (Prime Minister; President of the Privy Council)

Liberal

Sir WILFRID LAURIER.

Yes.

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CON

Robert Laird Borden (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. R. L. BORDEN.

One for the maritime provinces ?

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LIB

Wilfrid Laurier (Prime Minister; President of the Privy Council)

Liberal

Sir WILFRID LAURIER.

Yes.

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CON

Robert Laird Borden (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. R. L. BORDEN.

One for the west ? Sir WILFRID LAURIER. Yes.

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CON

Robert Laird Borden (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. R. L. BORDEN.

Which of these important sections of the community was overlooked by the government in reference to this measure ?

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LIB

Wilfrid Laurier (Prime Minister; President of the Privy Council)

Liberal

Sir WILFRID LAURIER.

I do not know which was overlooked, whether it was the centre, the east or the west, but in order to make doubly sure we have provided that all shall be represented.

Mr. CASGRAiIN. I presume the reason why the four commissioners are to be appointed is the very grave difficulty which exists in the province of Quebec. I do not know whether it is true or not but it is stated on all sides that there is a grave difficulty in connection with the premier of the province of Quebec and that it has been found convenient by this government to provide a very fat berth for that gentleman so that he will be able to resign and become one of the commissioners.

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LIB

Charles Fitzpatrick (Minister of Justice and Attorney General of Canada)

Liberal

Mr. FITZPATRICK.

My hon. friend (Mr. Casgrain) knows that we are accustomed to that sort of difficulty in our province in respect to premiers.

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May 17, 1904