December 2, 1909

PRIVILEGE-REPRESENTATION OF QUEBEC EAST AND OTTAWA.

LIB

James Kirkpatrick Kerr (Speaker of the Senate)

Liberal

Mr. SPEAKER.

The hon. member for Portage la Prairie (Mr. Meighen) yesterday, (December 1), called my attention, as 27

a matter of privilege, to the position of another hon. member of this House who had been returned for two constituencies and had not yet declared or elected for which of the two constituencies he would continue to retain his seat.

The contention was made that a certain sessional order of the House of Commons of Great Britain, requiring a member under such circumstances if within one week that it should be made to appear that there was no question as to his return, &c., was applicable to the case referred to inasmuch as such a case was not provided for by the rules and orders of this House. Rule No. 1 of this House is as follows;

In all cases not provided for hereinafter or by sessional or other orders, the rules, usages and forms of proceeding of the House of Commons of the United Kingdom of Great Britain and Ireland in force on the first day of July, 1867, shall be followed.

In the imperial parliament the matter under consideration is dealt with by sessional orders which are renewed by the House of Commons from session to session and which expire at prorogation.

The sessional order on the subject which was, presumably, passed by the imperial House in 1867 may or may not have been in force on the first day of July in that year depending on whether the House was then in session or had been prorogued before that date. Even if that sessional order was in force _ on the first day of July, 1867, the question as to whether that order in all its terms is applicable to the House of Commons of Canada is one of importance and not without difliculty. As far as I have been able to ascertain in the limited time allowed me since the question was raised, I have not been able to find that it has been observed in this country. In fact, from a somewhat hasty consideration of the precedents, I think I would be safe in saying that the practice of this House as to the time in which the member's choice shall be made, has been far from uniform and to the present time no formal ruling on the subject has been made in this House.

The question is, are such sessional orders as are annually passed by the British House of Commons at the beginning of each session included in the meaning of the words ' rules, usages and forms of proceeding ' mentioned in rule 1 of this House. Those sessional orders are clearly neither rules nor forms of proceeding nor in the strict meaning of the term are they to be considered 1 usages ' and consequently are not applicable to this House in cases not specifically provided for. The practice of this House has so far not recognized them as binding.

In 1873, Hon. Mr. Blake having been elected for Durham and Bruce announced his choice of constituency fifteen days after

the beginning of the session, and in 1896 Mr. Dalton McCarthy elected which of the two seats (Brandon and Simcoe) he would sit for, on the seventh day after the opening of the session. The case of the honourable the present Postmaster General, returned for both Nicolet and Gaspe in 1904, is one of the latest in point. He only resigned for Nicolet on the third of December, 1906, and after some fifteen months had elapsed during which he might have exercised his privilege of choice. No doubt a search of the journals and records would show many similar cases.

A strict adherence to the British rule would therefore to a certain extent form an alteration in the customs and usages of this House in that regard.

My ruling is, therefore, that there is nothing in the rule of this House requiring a member who has been returned for more than one constituency to elect within any prescribed time for which of such constituencies he will sit. But, in my opinion, it is eminently desirable that some definite rule and practice on the subject should be established. The House has a Standing Committee for the purpose of considering such questions-the Committee on Privileges and Elections-and I would suggest that at an early date the matter should be considered by the House, or by the committee, with a view to the fixing of a definite period within which such election is to be made.

Topic:   PRIVILEGE-REPRESENTATION OF QUEBEC EAST AND OTTAWA.
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?

Mr. GBAHAM :

1. W. W. Krick was the government inspector of Port Maitland west pier (not east pier).

2. He commenced his duties 26th May, 1909.

3. He resigned by letter to superintending engineer dated 2nd September, 1909, the resignation to take effect September 4, 1909.

4. Salary $3 per day, 26th May to 30th June, 1909.

Salary $3.50 per day July 1 to September 4, 1909.

Total amount paid him $292.50.

5. No, although it appears some correspondence took place between Mr. Krick and the superintending engineer.

Topic:   PRIVILEGE-REPRESENTATION OF QUEBEC EAST AND OTTAWA.
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NATIONAL TRANSCONTINENTAL RAILWAY-BOARD OP ARBITRATORS.

CON

Mr. SAM. SHARPE :

Conservative (1867-1942)

1. Who composes the board of arbitrators to decide the question of over-classification in the construction of the National Transcontinental Railway?

2. Should the board of arbitration find that there has been over-classification, is it the intention of the government to compel the contractors to make good the loss or is the loss to fall upon the people of Canada?

3. If the government purpose fixing the loss, if any, for this alleged over-classification upon the contractors, lias the government considered the advisability of having the contractors represented by a member on the board of arbitrators

Topic:   NATIONAL TRANSCONTINENTAL RAILWAY-BOARD OP ARBITRATORS.
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QUESTIONS.

NUMBER OF EMPLOYEES ON INTERCOLONIAL.

CON

Eugène Paquet

Conservative (1867-1942)

Mr. PAQUET:

How many employees of all kinds were in the service of the Intercolonial Railway and its several branches in the course of the fiscal years 1907-8, 1908-9, and the 1st October, 1909?

Topic:   QUESTIONS.
Subtopic:   NUMBER OF EMPLOYEES ON INTERCOLONIAL.
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LIB

George Perry Graham (Minister of Railways and Canals)

Liberal

Hon. GEO. P. GRAHAM :

Average number of employees of all kinds on Intercolonial railway during fiscal year 1907-8, was 8,861; during 1908-9, 9,285; until 1st October, 1909, 8,610.

Topic:   QUESTIONS.
Subtopic:   NUMBER OF EMPLOYEES ON INTERCOLONIAL.
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W. W. KRICK, INSPECTOR, PORT MAITLAND.

CON

Mr. LABOR :

Conservative (1867-1942)

1. Was W. W. Krick, the government inspector of Port Maitland east pier ?

2. If so, when was he appointed, and on what date did he commence his duties?

3. What was the date of his resignation ?

4. What was his salary and the total amount of money paid to him?

5. Did he report to the government that hi was not satisfied with the work being done and giving that as his reason for resigning?

Topic:   QUESTIONS.
Subtopic:   W. W. KRICK, INSPECTOR, PORT MAITLAND.
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LIB

James Kirkpatrick Kerr (Speaker of the Senate)

Liberal

Mr. SPEAKER.

Topic:   QUESTIONS.
Subtopic:   W. W. KRICK, INSPECTOR, PORT MAITLAND.
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LIB

Mr. GRAHAM : (Minister of Railways and Canals)

Liberal

1. Gordon Grant, chief engineer, of the the National Transcontinental railway, ^stern division.

B. B. Kelliher, chief engineer, of the Grand Trunk Pacific railway.

Collingwood Schreiber, chief engineer to the government, for the western division of the National Transcontinental railway.

2. It is thought inadvisable in the public interest to reply to this question while the matters in dispute are still being arbitrated upon.

3. The composition of the board of arbitrators is fixed by statute.

Topic:   QUESTIONS.
Subtopic:   W. W. KRICK, INSPECTOR, PORT MAITLAND.
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EXPORTS OF PULP AND PULP WOOD FROM SAULT STE. MARIE.

CON

Mr. BOYCE:

Conservative (1867-1942)

1. What quantity of pulp and puln wood, respectively, were exported from Sault Ste. Marie, Ontario, during the years 1900 and 1909, inclusive?

2. What was the value of such exports, respectively ?

Topic:   QUESTIONS.
Subtopic:   EXPORTS OF PULP AND PULP WOOD FROM SAULT STE. MARIE.
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LIB

William Paterson (Minister of Customs)

Liberal

Hon. WM. PATERSON:

The exports of pulp wood and wood pulp from the port of Sault Ste. Marie during the fiscal years from 1900 to 1909, inclusive, have been as follows:

Cords.

1900

1901

1902

1903

1904 10,680

1905 18,694

1906 (9 mouths)- 20,183

1907 9,551

1908 35,151

1909 35,016

Wood Pulp. Cords. Value. 362.243 71 750 230,389 436,918 366.441 420,810 499,547

42,672 558,929

120,164 1,061,884 758,463 175,779 1,044,371 876,055

Note.-The quantity of pulp wood was not recorded during the fiscal years 1900 to 1903, inclusive.

Pulp Wood. Value. 155,614 80.389 77,584 22,226 39,080 68,605 75,960

The quantity of wood pulp was not recorded during the fiscal years 1900 to 1907, inclusive.

Topic:   QUESTIONS.
Subtopic:   EXPORTS OF PULP AND PULP WOOD FROM SAULT STE. MARIE.
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ACCIDENT TO LOCKS AT SAULT STE. MARIE.

CON

Arthur Cyril Boyce

Conservative (1867-1942)

Mr. BOYCE:

17 What investigation, if any, was made by the government into the cause of the accident which occurred during the past summer at Sault Ste. Marie, by which the gates of the Canadian locks were broken and injuries were caused to shipping in the locks? If so, when and where was the investigation held, and by whom?

2. Has any report yet been made as a result of any such investigation? If so, when was it made and where is it filed?

3. What was the total cost entailed upon the government by the accident.

4. Have any steps been taken to recover this amount from those responsible for the accident? If not, is the department contemplating taking any such steps?

5. Has the department had any correspondence with reference to recovering compensation for the loss sustained? If so. with whom and with what result?

6. Who was employed to report upon and estimate the damage caused?

Topic:   QUESTIONS.
Subtopic:   ACCIDENT TO LOCKS AT SAULT STE. MARIE.
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LIB

Mr. GRAHAM: (Minister of Railways and Canals)

Liberal

1. An investigation was made by the superintending enginneer of the canal under the observation of the staff.

2. Yes; a report from the superintending engineer, dated June 18, 1909, which is now on file in the department.

3. Amount of expenditure on account of the damage to date is $67,229.67.

4. Yes; the matter is now in the hands of the Department of Justice, through whom all negotiations for settlement are being made.

_ 5. Answered by No. 4. The claim is pending for settlement.

6. The superintending engineer of the canal.

Topic:   QUESTIONS.
Subtopic:   ACCIDENT TO LOCKS AT SAULT STE. MARIE.
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ORDNANCE STORES BUILDINGS AT OTTAWA.

December 2, 1909