July 10, 1908

LIB

Frank Oliver (Minister of the Interior; Superintendent-General of Indian Affairs)

Liberal

Mr. OLIVER.

In the printed sheets before the members, there is a proposal to add to this new section 40 the words * or upon his written order.' I do not know that it is very important, but it has been suggested.

Mr. S'CHAFFNER. That is just what I wanted in the previous clause.

Topic:   MANITOBA GRAIN ACT AMENDMENT.
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LIB

Frank Oliver (Minister of the Interior; Superintendent-General of Indian Affairs)

Liberal

Mr. OLIVER.

In that case the warehouse man will not make the delivery unless the order is such as will be satisfactory to him. I do not think he needs the same protection.

Topic:   MANITOBA GRAIN ACT AMENDMENT.
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Amendment agreed to. On section 22-provision for failure to redeem cash purchase ticket.


CON
LIB

Frank Oliver (Minister of the Interior; Superintendent-General of Indian Affairs)

Liberal

Mr. OLIVER.

In a transaction between the seller and the purchaser, in case the purchaser of the grain, after giving a ticket to the farmer, is not able to cash the ticket, it gives the farmer a lien upon the grain. If he does not get his money within so many hours he can put his lien upon the grain in the elevator. That is a recommendation of the Royal Grain Commission.

On section 23.

Topic:   MANITOBA GRAIN ACT AMENDMENT.
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LIB

Frank Oliver (Minister of the Interior; Superintendent-General of Indian Affairs)

Liberal

Mr. OLIVER.

I desire to move, in addition, that the following penalty clause be inserted :

23a. Section 60 is amended by adding thereto the following subsection:

4. Except in the case of accidental damage to, or the accidental desertion of, any public country elevator in which grain has been accepted for general storage as herein provided,

if the person operating it, when called upon to do so by the owner of the grain, fails to account for the grain in accordance with the terms of the warehouse receipt given under the provisions of this Act or of the further orders of the owner, he shall be deemed guilty of an offence under section 355 of the Criminal Code, and shall be liable to the penalties therein provided, and, in addition, to the forfeiture of his license.

Topic:   MANITOBA GRAIN ACT AMENDMENT.
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Motion agreed to. On section 24-storage, special bins : sample to be preserved, &c.


CON

William D. Staples

Conservative (1867-1942)

Mr. STAPLES.

There will be a good many receptacles required in some of the country elevators.

Topic:   MANITOBA GRAIN ACT AMENDMENT.
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LIB

Frank Oliver (Minister of the Interior; Superintendent-General of Indian Affairs)

Liberal

Mr. OLIVER.

This only applies to grain that is special binned, so that there will not be a large number. Of course, there is a suggestion that samples should only be taken on the request of the owner, but there are objections to that. Perhaps it is better to leave It as It Is. This is the recommendation of the Grain Commission. I beg to move a penalty clause to the special binning clause as follows :

24a. The said Act is amended by inserting the following section immediately after section 64:

64a. An operator of a country elevator or warehouse who sells, assigns, mortgages, pledges, hypothecates, or in any manner oharges any grain stored in the said elevator in special bin in accordance with the provisions of this Act, which is not the sole and absolute property of the said operator, shall be deemed guilty of an offence under section 390 of the Criminal Code, and shall be liable to tlie penalties therein provided, and, in addition, to the forfeiture of bis license.

Topic:   MANITOBA GRAIN ACT AMENDMENT.
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CON
LIB

Frank Oliver (Minister of the Interior; Superintendent-General of Indian Affairs)

Liberal

Mr. OLIVER.

These penalty clauses are in the Criminal Code and they do apply to these cases now\Jmt it is thought better to put them in the Act so that everybody will see what his responsibility is.

Topic:   MANITOBA GRAIN ACT AMENDMENT.
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CON

Frederick Laurence Schaffner

Conservative (1867-1942)

Mr. SCHAFFNER.

Wbat about a sample being a ' fair and proper ' sample? It is not very definite.

Topic:   MANITOBA GRAIN ACT AMENDMENT.
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LIB

Frank Oliver (Minister of the Interior; Superintendent-General of Indian Affairs)

Liberal

Mr. OLIVER.

It is hard to make it any more definite.

Topic:   MANITOBA GRAIN ACT AMENDMENT.
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CON

William D. Staples

Conservative (1867-1942)

Mr. STAPLES.

You could not get a more perfect sample than by taking it out of every load.

Topic:   MANITOBA GRAIN ACT AMENDMENT.
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CON
CON
CON

Motion agreed to.


LIB

Frank Oliver (Minister of the Interior; Superintendent-General of Indian Affairs)

Liberal

Mr. OLIVER.

I move that subsection 8 of section 30 be stricken from the Bill. It is considered that this subsection would unduly disclose to competitors the private business of grain handlers. The intention of the section is to make the commissioner aware of the conditions under which each elevator operator is handling his business, and subsection 8 requires that every patron of an elevator should be entitled to that same statement. It is believed this would be an undue burden upon the men who are operating elevators, and as the interests of the public are protected by the reports to the commissioner this subsection does not seem necessary.

Amendment agreed, to, and clause 8 -stricken from the Bill.

Topic:   MANITOBA GRAIN ACT AMENDMENT.
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LIB

James Conmee

Liberal

Mr. CONMEE.

This subsection only applies to country elevators but if it is good for country elevators it should be better for other elevators. I suggest that the word ' country ' be struck out so as to make the section read :-' Public elevators and warehouses.'

Topic:   MANITOBA GRAIN ACT AMENDMENT.
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July 10, 1908