June 8, 1904

PRIVATE BILLS-EXTENSION OF TIME.

LIB

Benjamin Russell

Liberal

Mr. BENJAMIN RUSSELL moved :

That the petition of John P. Stairs and others, presented this day, praying to be permitted to lay before the House the petition of the provisional directors of the Alliance Bank of Canada for the passing of an Act to extend the time within which to obtain a certificate from the Treasury Board, as required by section 14 of the Bank Act, notwithstanding the expiration of the time for presenting petitions for Private Bills, be read and received, and referred to the Select Standing Committee on Standing Orders.

He said : I ask leave of the House to make this motion with reference to the petition which 1 presented a moment ago on behalf of the Alliance Bank for the extension of the time within which the company are required by their charter to obtain the cus ternary certificate from the Treasury Board. The reason the petition was not presented earlier and the legislation obtained is that the parties have been hoping from day to day that they would be able to get along without any extension of time.

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CON

Robert Laird Borden (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. R. L. BORDEN.

The hon. gentleman's remarks are quite inaudible here.

, Mr. RUSSELL. I know that my hon. friend (Mr. R. L. Borden) has such confidence in me that he will know what 1 say is all right.

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CON

Robert Laird Borden (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. R. L. BORDEN.

I did not even hear that brilliant sally.

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LIB

Benjamin Russell

Liberal

Mr. RUSSELL.

I am asking for leave to have a preliminary petition, which I presented a few moments ago, referred to the Standing Orders Committee for the purpose of determining whether the petitioners should have leave to have a Bill introduced here for the purpose of extending their time for getting their charter under the Banking Act. This is a banking company incorporated under the Act of last session. They anticipate that they will not toe able by the 4th October, the limit fixed by the law, to complete their organization and he In a position to obtain their certificate.

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?

John William Bell

Mr. BELL.

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CON

Robert Laird Borden (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. R. L. BORDEN.

I think the hon. gentleman (Mr. Russell) would be justified in his request, because much more serious action was taken by the government in the ease of the Grand Trunk Pacific Railway Company. Certainly there Should toe no objection from that side of the House.

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LIB

William Stevens Fielding (Minister of Finance and Receiver General)

Liberal

Hon. W. S. FIELDING (Minister of Finance).

Notwithstanding that, I am going to raise a qualified objection, not to the immediate motion, but to the practice. It is not good practice to extend the time for the organization of banking companies. We have done it once or twice this session, and I suppose we will have to he reasonably consistent and permit the hon. gentleman to get his Bill as others have done. I think that the rule requiring a bank to toe organized within a year of the granting of its charter is a wise rule. I suppose that the practice is objectionable in the case of any company, but the principle of parties having banking charters and hawking them around is very unsound. I think that in view of the present banking conditions of the country, if any parties want to organize a hank they should have the men, the capital and the organization in sight before coming to parliament. If, after getting a charter, they are not able to organize within the time prescribed by the Banking Act they should have an exceptionally strong reason for asking an extension of time. We have granted the privilege in one or two instances, and to be reasonably consistent I suppose we will have to permit the hon. gentleman to have his Bill. I, however, would ask hon. gentlemen on both sides of the House to recognize the soundness of the principle, and not encourage these applications hereafter.

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CON

David Henderson

Conservative (1867-1942)

Mr. DAVID HENDERSON.

I am glad to see that the hon. the Finance Minister takes a different view in regard to this from the view he took last year. It will be within the memory of the House that I moved an amendment to the charter when it came up last year, and protested against the numerous applications that were being made for new bank charters. I think that the statements that I then made are well borne out by results, because, so far as I am aware, only one of the nine charters granted last year has yet produced any result, and it appears that, as the Finance Minister has said, after hawking around these charters year toy year the promoters are unable to procure the funds requisite to establish these new banks. I am glad that the matter has come up again, because it will afford me another opportunity of perhaps pressing more effectually on the House the view which I expressed last year, and I would take this opportunity of intimating to the hon. member for Hants (Mr. Russell) that possibly when the Bill reaches the proper stage I may again present my amendment and may ask him. under the new condition of things, if he will not accept it.

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?

Mr. R.@

L- BORDEN. I would like to say tkat as tar as the gentlemen interested in this Bill are concerned, I do not think they are deserving of the expression which has been used by the Minister of Finance and my hon. friend from Halton (Mr. Henderson), because, knowing them as I do, I can assure the House that they have not been hawking these charters around. So far as I am aware, they are not disposed to do that.

I was not aware that this matter was coming up to-day, my hon. friend from Hants (Mr. Russell) did not notify me, and perhaps I am speaking without the book, but I believe that the conditions which have made it necessary to ask for the extension of this charter are conditions which not only afforded ground for an amendment to the Grand Trunk Pacific Bill, but they are conditions which have made it necessary for this country to effect a temporary arrangement for three years of loans on the public credit of this country. This bank received this charter last year, and every one knows that the condition of the money market since then has made it extremely difficult, if not impossible, to float any enterprises. While I agree with the Finance Minister that, as a general rule, and in ordinary cases, extensions of this kind should not be granted ; and while I thoroughly agree that bank charters should not be hawked around the country, nevertheless I do not think the circumstances in this case call for any reproach of that kind, and the condition of the money market seems to me to make the case absolutely exceptional. I simply say this because I think I know the gentlemen who are connected with this company in Nova Scotia, and they really do not deserve any such reproach.

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LIB

William Stevens Fielding (Minister of Finance and Receiver General)

Liberal

Mr. FIELDING.

In the remarks which I made I had no reference to particular individuals. I did not even know who the gentlemen connected with the charter were, but now that I begin to think, I remember one of them, and certainly he would not be open to any such reproach. My remarks had no reference to the individuals connected with the charter, and certainly with regard to the only gentleman whose name I ever heard connected with it, I would not suggest the idea of his hawking a bank charter. I was speaking generally, because we have had a number of applications of this kind. Nothing was further from my thoughts than to refer to any individual. I was referring to the generai rule.

Motion (Mr. Russell) agreed to.

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SUPREME AND EXCHEQUER COURTS ACT.

LIB

Louis Philippe Demers

Liberal

Mr. L. P. DEMERS (St. John's and Iberville).

(Translation.) Moved for leave to introduce Bill (No. 133) an Act in amendment of the Supreme and Exchequer Courts Act.

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CON

Thomas Chase Casgrain

Conservative (1867-1942)

Mr. T. C. CASGRAIN (Montmorency).

Will the hon. gentleman kindly explain ?

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LIB

Louis Philippe Demers

Liberal

Mr. L. P. DEMERS.

(Translation.) The Bill is the same as the Bill I introduced last session and also the session previous. Its object is to lirpit the jurisdiction of the Supreme and Exchequer courts to federal matters exclusively. The Bill is set down exactly in the same terms as the above mentioned Bill. As my hon. friend from Montmorency is aware, the Chief Justice of the Supreme Court, Sir Elzear Taschereau, has had the opportunity of commenting upon this question in Montreal and of expounding his own views as to its purport. He acknowledged that the jurisdiction of these courts should be restricted to Dominion matters. Moreover, a number of newspapers in Ontario, the ' Toronto News ' among others, have declared themselves favourable to the idea of restricting the jurisdiction of these courts to federal cases. These utterances have induced me to reintroduce this Bill, believing as I do that the most enlightened people in Ontario would join hands with the people of the province of Quebec in asking that the Supreme and Exchequer courts shall not decide any but Dominion and maritime cases, and litigation as between two provinces, or as between the individuals and the government of a province, or as between the inhabitants of a province and the authorities of another or several other provinces. I have previously discussed this question in this House and as my hon. friend from Montmorency has without any doubt followed closely the discussion, he must be familiar with the Bill I now introduce.

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Motion agreed to, and Bill read the first time.


QUESTIONS.

WHARF AT CHAMPLAIN, QUE.

CON

Mr. CASGRAIN asked :

Conservative (1867-1942)

1. Does the government Intend to construct a -wharf at Champlain, in the county of Cham-

Pl2.ll\f so, has the government selected the site whereon the said wharf is to be built ?

3. To whom does the said site belong ?

4. What price has the government paid, or is it going to pay, for the said site ?

Topic:   QUESTIONS.
Subtopic:   WHARF AT CHAMPLAIN, QUE.
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LIB

Charles Smith Hyman (Minister Without Portfolio)

Liberal

Hon. C. S. HYMAN (Acting Minister of Public Works).

The government has purchased a wharf and approach from Mr. H. Arcand, for the sum of $1,000, and has under construction the repair and extension of the wharf.

Topic:   QUESTIONS.
Subtopic:   WHARF AT CHAMPLAIN, QUE.
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June 8, 1904