On motions being called, the following report was presented:
The Clerk of Petitions has the honour to report that he has examined the following petition, viz.:
Of James Arthur Collins of Chisholm, province of Alberta, lumberman; praying that the House of Commons will investigate the conduct of the Chief Electoral Officer of Canada, the returning officer for the electoral district of Peace River, the deputy returning officer, and such other officer or officers as may be necessary, in connection with the establishing of a polling place at Brule Mines, poll No. 4 aforesaid and (the taking of, the counting and recounting the votes cast at such poll in the said district of Peace River, and that such Chief Electoral Officer, returning officer, deputy returning officer or other officer or officers be directed to take such action as may be requisite and necessary to secure the return to the House of Commons of the candidate who secured the greatest number of votes in the said electoral district of Peace River on the 29th of October, 1925, and finds that:
The prayer of this petition consists of two parts viz,-(1) That the House investigate the conduct of certain officials in connection with the election of a member to represent the constituency of Peace River in the House of Commons of Canada, held on the 29th October, 1925.
(2) That the House direct the proper officers to take such action as may be necessary and requisite to secure the return to the House of Commons of the candidate who secured the greatest number of votes cast by the electors of the said electoral district of Peace River on the 29th October, aforesaid.
The form of this petition and its contents so far as the first part of the prayer is concerned are within the requirements of the 75th rule, and refer only to such matters as are within the right and competency of the House to deal with, should the House desire to do so; should, however, the course suggested in the second part of the prayer be taken by the House it would apparently have the effect of authorizing other persons to - exercise a power which the House has already ^legated by statute to the exclusive jurisdiction of the courts.
Apparently the first part of the prayer of this petition is only of a preliminary nature leading up to the main request as contained in the second part, consequently the prayer, considered as a whole, brings this petition within the ruling of Mr. Speaker Lemieux given on the 6th May last, in a somewhat similar case, which ruling was subsequently sustained by the House on appeal, viz, that a petition which prays for any action to be taken by tffe House that might involve in any respect an interference with the provisions of the Controverted Elections Act, chapter 7, R.S.C., 1906, cannot be received.
Under these circumstances I have therefore the honour to report that this petition should not be received.