June 14, 1929


The house resumed from June 11 consideration of the motion of Mr. Sanderson for the third reading of Bill No. 296, for the relief of Charles Edwin Walker.


CON

Franklin Smoke

Conservative (1867-1942)

Mr. FRANKLIN SMOKE (Brant):

In the absence of the hon. member for Perth (Mr. Sanderson) I beg leave to move the third reading of this bill. I have read very carefully the evidence taken before the senate committee and I think it proves conclusively the charges alleged in the petition. An adjournment was asked for by the respondent for the purpose of producing a cousin named Mrs. Henderson. The adjournment asked for was not allowed but one of ten or twelve days was granted. Mrs. Henderson did not appear at the adjourned hearing, and counsel for the respondent appeared simply to ask for the expunging of certain portions of the evidence. The senate committee then heard the further evidence and found in favour of the complainant. The evidence which it was alleged Mrs. Henderson would give was in the nature of an alibi. The respondent and Mrs. Henderson were residing together, but it is not

reasonable to suppose that Mrs. Henderson would have been able to prove where the respondent was on the three occasions upon which it was alleged offences occurred. One might have happened in one month, the next one two months later, and so on; therefore the evidence as to an alibi could not be conclusive. The bill was referred by this house to the private bills committee and the complainant and his lawyer were present but no one appeared for the respondent although the agent in Ottawa was notified. I therefore beg to move that the question be now put.

Topic:   WAYS AND MEANS
Subtopic:   CHARLES EDWIN WALKER
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LAB

Herbert Bealey Adshead

Labour

Mr. ADSHEAD:

I was a member of the private bills committee-

Topic:   WAYS AND MEANS
Subtopic:   CHARLES EDWIN WALKER
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LIB

Hewitt Bostock (Speaker of the Senate)

Liberal

Mr. SPEAKER:

Do I understand that

the hon. gentleman is moving the previous question?

Topic:   WAYS AND MEANS
Subtopic:   CHARLES EDWIN WALKER
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CON
UFA

Robert Gardiner

United Farmers of Alberta

Mr. GARDINER:

When the bill was before the 'house I understand that the hon. member for St. Lawrence-St. George (Mr. Cahan) moved an amendment thereto; has Your Honour that amendment?

Topic:   WAYS AND MEANS
Subtopic:   CHARLES EDWIN WALKER
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?

An hon. MEMBER:

There was no seconder.

Topic:   WAYS AND MEANS
Subtopic:   CHARLES EDWIN WALKER
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LIB

Hewitt Bostock (Speaker of the Senate)

Liberal

Mr. SPEAKER:

The records show that

there was no amendment. If the hon. leader of the Progressive party (Mr. Gardiner) will read No. 43 of the order paper he will find that it reads as follows:

Resuming debate on the motion of Mr. Sanderson for the third reading of Bill No. 296, intituled: "An Act for the relief of Charles Edwin Walker" (Without amendment).

There is no amendment before the chair, but the previous question is always debatable.

Topic:   WAYS AND MEANS
Subtopic:   CHARLES EDWIN WALKER
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LAB

Herbert Bealey Adshead

Labour

Mr. ADSHEAD:

Do I understand Your

Honour to rule that it is not debatable?

Topic:   WAYS AND MEANS
Subtopic:   CHARLES EDWIN WALKER
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LIB
LAB

Herbert Bealey Adshead

Labour

Mr. ADSHEAD:

As I remember the case, there was a material witness who was unable to appear before the senate committee because she had undergone a very serious operation. This witness was to prove an alibi for the respondent. It would be a very serious matter to this lady if a divorce were granted upon the.grounds of adultery without her being given every opportunity to prove otherwise.

Topic:   WAYS AND MEANS
Subtopic:   CHARLES EDWIN WALKER
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CON

Franklin Smoke

Conservative (1867-1942)

Mr. SMOKE:

I rise to a point of order.

If my motion is debatable the subject matter referred to by the bon. member who has just taken his seat should not be discussed. He is discussing tire merits of the case.

Procedure Respecting Divorce

Topic:   WAYS AND MEANS
Subtopic:   CHARLES EDWIN WALKER
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LIB

Hewitt Bostock (Speaker of the Senate)

Liberal

Mr. SPEAKER:

The motion is debatable.

Topic:   WAYS AND MEANS
Subtopic:   CHARLES EDWIN WALKER
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CON

Franklin Smoke

Conservative (1867-1942)

Mr. SMOKE:

The motion is that the

question be now put.

Topic:   WAYS AND MEANS
Subtopic:   CHARLES EDWIN WALKER
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LIB

Hewitt Bostock (Speaker of the Senate)

Liberal

Mr. SPEAKER:

I was asked a minute ago whether the motion for the previous question was debatable or not and I said that it was debatable. Let me call attention to standing order 38 which reads:

The following motions are debatable:-

Every motion

(c) for the previous question.

Therefore, when a motion is made for the previous question, it is debatable. I have been asked by some hon. members what is meant by the previous question. Those who vote in favour of the previous question, that is, that the question be now put, vote for an immediate decision, without any further debate or amendment, after this vote is taken, on the principle of the bill. After the motion for the previous question is carried, there is no discussion on the principle of the bill.

Topic:   WAYS AND MEANS
Subtopic:   CHARLES EDWIN WALKER
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LIB

Hewitt Bostock (Speaker of the Senate)

Liberal

Mr. SPEAKER:

The question is on the

third reading of bill No. 296, for the relief of Charles Edwin Walker. Moved by Mr. Smoke, seconded by Mr. Senn, that this bill be now read a third time.

Motion agreed to and bill read the third time and passed, on division.

Topic:   WAYS AND MEANS
Subtopic:   CHARLES EDWIN WALKER
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LOUIS COIT DARGAVEL


Mr. A. C. CASSELMAN (Grenville-Dun-das) moved that the house go into committee on Rill No. 348, for the relief of Louis Goit Dargavel. Motion agreed to and the house went into committee, Mr. Johnston in the chair. On Section 1-Marriage dissolved.


LAB

Abraham Albert Heaps

Labour

Mr. HEAPS:

I beg to move that the committee rise and report progress.

Motion (Mr. Heaps) negatived.

Section agreed to on division.

Section 2 agreed to on division.

Preamble agreed to on division.

Title agreed to on division.

Bill reported.

Topic:   WAYS AND MEANS
Subtopic:   LOUIS COIT DARGAVEL
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LIB

Hewitt Bostock (Speaker of the Senate)

Liberal

Mr. SPEAKER:

When shall the report be received?

Topic:   WAYS AND MEANS
Subtopic:   LOUIS COIT DARGAVEL
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June 14, 1929