January 24, 1911

CON

DISPUTED PATENT TO LAND.

LIB

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

Liberal

Air. OLIVER (Minister of the Interior).

I desire to make an explanation in regard io a matter which was before the House yesterday on a motion of my hon. friend i'rcm New Westminster (Mr. J. D. Tavlor), for certain papers. There seemed to be a question as to a fact which I had stated, and, as I had not the details before me at the time, I was not able to give the House the case as I understood it. If I may, I would like to do so now. The matter related to the issue of a patent to one Fanny Louise Irwin and to certain legal proceedings by the Justice Department to secure the cancellation of the patent on account of it having been issued in error, so that there might be substituted for it, a patent which would convey the title which was originally intends, to be conveyed. I find on reference to the papers, that the homestead was taken by one Thomas Vance, who squatted upon it in 1888. He made application for homestead entry on October 19, 1891. He applied for patent on July 22, 1892, and the issue of patent was approved by JJre Commissioner of Dominion Lands and certificate of recommendation issued by him November 11, 1892. This gave to Thomas Vance an assignable right under the regulations, which provides,

under section 28:

A person whose homestead may have been recommended for patent by the local agent or senior clerk, and who has received from such agent or clerk a certificate to that effect in the form K in the schedule to these regulations, countersigned by^ the Commissioner of Dominion Lands, or in his absence, by any member of the Dominion Lands Board, may legally dispose of and convey, assign or transfer his right and title therein.

On the 7th December, 1895, the agent at New Westminster forwarded an assignment from Thomas Vance to Fanny Louise Ir-wm, dated November 30, 1895, and on the 24th December, 1895, the department replied, stating that the assignment in question had been registered in the books of the department and that the land stood in M.iss Irwin's name. That is to say, Fanny Louise Irwin acquired, under the law, the right to a patent to this particular land without any notice of any reservation therein. That was the question of fact between myself and my hon. friend from New Westminster. The department was in fault

Topic:   DISPUTED PATENT TO LAND.
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LIB

James Kirkpatrick Kerr (Speaker of the Senate)

Liberal

Mr. SPEAKER.

in afterwards granting the patent to Fanny Louise Irwin-but the patent was granted to her because she had already acquired tier rights from Thomas Vance and under the law-without notice of any reservation in the right that was given to Thomas Vance. So, Fanny Louise Irwin was in exactly the same position when she applied for her patent, as the assignees of Fanny Louise Irwin are now, in contesting the r:ght of the limit holders to the timber on that limit.

Topic:   DISPUTED PATENT TO LAND.
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CON

John Graham Haggart

Conservative (1867-1942)

Mr. HAGGART (Lanark).

What was the date of the license to cut timber ?

Topic:   DISPUTED PATENT TO LAND.
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LIB

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

Liberal

Mr. OLIVER.

I have not the figures before me, but I understand it was in 1886 that the license was issued.

Topic:   DISPUTED PATENT TO LAND.
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THE FARMERS' BANK.

CON

Frederick Laurence Schaffner

Conservative (1867-1942)

Mr. SCHAFFNER.

Before the orders of the day are called, I wish to direct the attention of the right hon. the First Minister to an article that appears in the Toronto ' News ' of yesterday, and to ask him if the facts are as there stated. I will read the .heading and the article:-

Topic:   THE FARMERS' BANK.
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HOW TRAVERS' GOT ENDORSATION OF PREMIER,


Sent one of the first notes of Farmers' Bank to Sir Wilfrid Laurier. A courteous reply. An interesting development in connection with the wrecking of the Farmers' Bank was discovered this afternoon when it became known that a letter written by Sir Wilfrid Laurier to the bank was largely used by General Manager Travers to secure shareholders and depositors. , The manner in which the letter was obtained from the Premier of Canada by Manager Travers was by sending to Sir Wilfrid Laurier a new $100 note at the time the bank commenced business. In reply, Sir Wilfrid wrote a letter to the Farmers' Bank, thanking them for the gift and prophesying a bright future for the institution when under the management of such a well known bank official as Mr. Travers. The letter was framed by the general manager, and was also photographed. Whenever a proposed depositor or shareholder entered the bank he was always shown the letter, and told that it was the Premier of Canada's statement to the effect that the bank would be a brilliant success. I ask if the facts are as stated in that article ?


?

Sir WILFRID LARUIER@

Topic:   HOW TRAVERS' GOT ENDORSATION OF PREMIER,
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SUPPLY-ABSENCE OF MINISTER OF MILITIA AND DEFENCE.


Sir WILFRID LAURIER moved that the House go into Committee of Supply.


CON

Adam Brown Crosby

Conservative (1867-1942)

Mr. CROSBY.

Before that motion is put, I desire to ask the right hon. the Prime Minister, if he has any knowledge of the whereabouts of the hon. Minister of Militia and Defence (Sir Frederick Borden) at the present time. I would ask whether he is away, if he has permission to he away, and to engage in the work he is now doing in the county of Kings, Nova Scotia. My reason for asking this question is that about a week ago, when we were in supply, the Minister of Public Works (Mr. Pugsley), placed before us an item of $100,000 to build a barracks in the city of Montreal, and nobody in the House knew anything about these barracks, and consequently, we could not vote the supply. We had to drop it for the reason that the Minister of Militia was not in this House, and he has not been in this House from 'that, day to this. As I was anxious to know his whereabouts, I made inquiries, and I found in a paper published in Kentville, Nova Scotia, called the ' Western Chronicle,' of January 19, the following item of news:-

Topic:   SUPPLY-ABSENCE OF MINISTER OF MILITIA AND DEFENCE.
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POLITICAL MEETINGS.


Political meetings in the interest of the Liberal party, addressed by the . candidate, H. H. Wickware, K.C., Sir F. W. Borden, A. E. Wall, M.P.P., and other prominent citizens will be held as follows: Port Williams, January 21; Delhaven, January 23; Halls Harbour, January 24; Wolfville, January 25. Now Mr. Speaker, the reason these meetings are being held is that a by-election is going on for the local legislature in the province of Nova Scotia. In this connection, I may inform the First Minister, and other hon. members of this House who may not be acquainted with the conditions in that province, that we have a Liberal administration in Nova Scotia, and out of 38 members, 33 are Liberals. You will see therefore, that there is no reason for anxiety with regard to the probable loss of the province by the Liberals; though I can well understand that intimate relations may exist between local Liberals and the Liberals in the Dominion parliament. However, I fail to see any reason why a minister of the Crown, during a session of parliament, when he should be here attending to the duties for which he is paid by the country, should not be here, performing those duties. I wish to ask of the First Minister if the Minister of Militia and Defence has his permission to absent himself from his duties in parliament, and t > engage in a local election. The Minister of Militia has been appointed to the head of the Department of Militia and Defence, and is paid a good salary for performing the duties thereof, and he should be here to attend to them.


LIB

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

Liberal

Sir WILFRID LAURIER.

I have no hesitation at all in saying to my hon. friend that I knew that my colleague was in Nova Scotia. He did not consult me before going, but he consulted me afterwards, and told me he was engaged in an election. My colleague the Minister of Militia and Defence is not only a member of this House but I understand he is an elector of the county of Kings, and at the present time ht is exercising his duty as a citizen of that province, and nobody can find fault with him for so doing.

Topic:   SUPPLY-ABSENCE OF MINISTER OF MILITIA AND DEFENCE.
Subtopic:   POLITICAL MEETINGS.
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THE POSTMASTER GENERAL AND THE FISCAL POLICY OF CANADA.

CON

George Halsey Perley

Conservative (1867-1942)

Mr. PERLEY.

I would like to correct the memory of the Postmaster General with regard to a matter which came up in the House on Friday last, in connection with his speech before the Canadian Manufacturers' Association on the previous evening. On Friday the member for Humboldt (Mr. Neely), called attention to a portion of the report in the Montreal *' Gazette ' of the Postmaster General's speech.

Our commercial ascendency, thanks to the wise fiscal policy adopted by this country twenty-five years ago, is the admiration of the world to-day.

The hon. Postmaster General, in replying to the criticism of his speech by the hon. member from Humboldt, practically denied the accuracy of this report, and, among other things he said:-

In the Montreal French papers of this morning I am quoted as having said that it was the policy adopted fifteen years ago; and that is in fact what I said. There is only a difference in figures, the English papers have a two instead of a one.

That struck me as being an extra-, ordinary excuse for a minister to give for this report in the Montreal ' Gazette,' because the word ' Twenty-five ' was not printed in figures but in letters. I therefore took the trouble to look over the

French papers, and I have here two of them which I think the hon. gentleman will not question. One is ' La Patrie ' and the other is ' La Presse.'

Topic:   SUPPLY-ABSENCE OF MINISTER OF MILITIA AND DEFENCE.
Subtopic:   THE POSTMASTER GENERAL AND THE FISCAL POLICY OF CANADA.
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January 24, 1911