July 12, 1904

RESIGNATION OF LT.-COL. GREGORY.


Sir FREDERICK BORDEN (Minister of Militia) moved for : Correspondence and papers respecting the extension of the command of Lieutenant-Colonel R. W. Gregory, commanding officer of the 2nd Dragoons, his subsequent resignation, &c. He said : These papers were asked for by the hon. leader of the opposition (Mr. It. L. Borden). I have them here and, if the resolution is carried, will be ready to lay them on the table. I would like to say, in



this connection, that, while I have brought all the papers relating to this matter, I hope this will not be considered as establishing a precedent, because some of the papers are of a confidential character, being reports by the commanding officer upon the efficiency, &c., of officers under him. It is not usual to lay such papers upon the table of the House. I think that in this case it is absolutely necessary that it should be done, but I should deprecate the suggestion, if it were made, that this should be done in every case. Motion agreed to. ARBITRATION WITH THE GRAND ' TRUNK. Hon. CHARLES FITZPATRICK (Minister of Justice) moved for leave to introduce Bill (No. 152) respecting an arbitration between His Majesty and the Grand Trunk Railway Company of Canada. He said : The object of this Bill is to confer upon the arbitrators appointed to inquire into certain troubles that have arisen between the Grand Trunk Railway Company and the government certain powers mentioned in the Bill. These troubles arise under the contract respecting the acquisition by the Intercolonial of the old Grand Trunk from Riviere du Loup to Point Levis, or, rather, to a station called Hadlow, and to other difficulties that have arisen out of the operation, under the agreement made in 1898, of the line between Ste. Rosalie Junction and Montreal. These questions have been referred to arbitrators to be determined by them ; but it has been ascertaned that the arbitrators have not, under the deed of submission, the necessary power to examine witnesses under oath or to order the production of papers. In order to have a full and complete inquiry into the matters in dispute, it is necessary to have the powers mentioned in this Bill conferred upon the arbitrators.


CON

Albert Edward Kemp

Conservative (1867-1942)

Mr. KEMP.

It is, to some extent, in regard to freight traffic-division of earnings ?

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LIB

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

Liberal

Mr. FITZPATRICK.

The question of the division of earnings and diversion of traffic arises under the second contract that of 1898. the troubles that have arisen under the first contract, that of 1878, are as to the use of the portion of the line between Point L6vis and Ohaudi&re Curve. 1 may say that that portion .of the line is divided into two parts. Under the agreement, that portion between Point Levis and Hadlow is the property of the Grand Trunk, while that portion between Hadlow and ChaudiSre Curve is the property of the government. It is provided under the agreement that each party has the right to use the line of the other. But difficulty has arisen concerning foreign freight cars carried over these lines. The government claim that the Grand Trunk had no right to charge them for foreign freight oars-cars belonging to other railways- 206i

carried over the Grand Trunk portion. But the Grand Trunk have made a charge of a fairly large amount on each car. The question is whether they had the right to do that, and whether they have the right to do it in the future.

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CON

Seymour Eugene Gourley

Conservative (1867-1942)

Mr. GOURLEY.

Is it provided that there may be an appeal from the finding of the arbitrators, or will that finding be final '!

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LIB

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

Liberal

Mr. FITZPATRICK.

I cannot answer that question off hand, but when the Bill is under consideration in committee, I will be able to do so.

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CON

Seymour Eugene Gourley

Conservative (1867-1942)

Mr. GOURLEY.

I can understand how necessary it is, with reference to the charge of freight cars, that there should be an appeal to the courts, instead of leaving the matter to the final decision of the arbitrators.

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LIB

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

Liberal

Mr. FITZPATRICK.

The other matter is of even more importance-that arising under the contract of 1898 relating to the diversion of traffic. It was understood that the Grand Trunk was to hand over to the Intercolonial all the traffic intended for the maritime provinces. Instead of that, the traffic has been diverted and sent to other places.

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CON
LIB

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

Liberal

Mr. FITZPATRICK.

And some of it to Sherbrooke ; I do not know exactly how it has gone.

Mr. MAC-LEAN. Does not all this go to show that the Grand Trunk Corporation is a rather difficult one to deal with, that it is hard to compel them to live up to their obligations ? We seem to be getting into a mass of litigation with this concern, and yet, it has been entrusted with the national transportation proposition. It does not wish to obey the Alien Labour law : it seeks to build up United- States seaports ; in every way a great deal of litigation seems necessary to compel them to carry out their obligations.

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CON

Seymour Eugene Gourley

Conservative (1867-1942)

Mr. GOURLEY.

All I wanted to know is whether in these Important matters provision will be made for an appeal, if necessary, to the Supreme Court and ultimately to the Privy Council.

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LIB

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

Liberal

Mr. FITZPATRICK.

I cannot answer at the moment. The hon. gentleman (Mr. Gourley) is aware that the usual course is to appeal from the arbitrators to the Exchequer Court, and from the Exchequer Court to the Supreme Court. I cannot say, at present, what provision has been made with regard to these proceedings.

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Motion agreed to, and Bill read the first time.


INQUIRY FOR RETURN.

?

Mr. KEMP I.@

he has gone through the necessary formalities with respect to the production of the papers relating to the harbour dues of Montreal, referred to by the hon. member for St. Mary's, Montreal (Mr. Tarte).

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LIB

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

Liberal

Sir WILFRID LAURIER.

I think I shall be able to bring it down at an early date.

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CON

Alfred Alexander Lefurgey

Conservative (1867-1942)

Mr. LEFURGEY.

An order of the House was passed on 30th May last for the production of certain papers in the department of the Minister of Agriculture. The papers are not yet down. It is to be hoped that the session will soon come to a close and so we would like to have these papers brought down as soon as possible.

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LIB

Sydney Arthur Fisher (Minister of Agriculture)

Liberal

Hon. SYDNEY FISHER (Minister of Agriculture).

To what papers does the hon. member (Mr. Lefurgey) refer ?

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CON

Alfred Alexander Lefurgey

Conservative (1867-1942)

Mr. LEFURGEY.

Papers relating to the chicken-fattening stations.

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July 12, 1904