Angus Claude MACDONELL

MACDONELL, The Hon. Angus Claude, K.C., B.C.L.

Personal Data

Party
Conservative (1867-1942)
Constituency
Toronto South (Ontario)
Birth Date
June 23, 1861
Deceased Date
April 18, 1924
Website
http://en.wikipedia.org/wiki/Angus_Claude_Macdonell
PARLINFO
http://www.parl.gc.ca/parlinfo/Files/Parliamentarian.aspx?Item=a4788f5f-f4d0-4d29-8db9-5402c82499e1&Language=E&Section=ALL
Profession
lawyer

Parliamentary Career

November 3, 1904 - September 17, 1908
CON
  Toronto South (Ontario)
October 26, 1908 - July 29, 1911
CON
  Toronto South (Ontario)
September 21, 1911 - October 6, 1917
CON
  Toronto South (Ontario)

Most Recent Speeches (Page 1 of 129)


July 24, 1917

Mr. A. C. MACDONELL:

Is the right hon. member aware that the Act to which he is referring provides only that soldiers shall have votes in elections and not on a referendum?

Topic:   MILITARY SERVICE ACT-1917.
Subtopic:   THIRD READING OF THE BILL.
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July 24, 1917

Mr. A. C. MACDONELL:

Parliament

has not done so; the Act is confined to elections.

Topic:   MILITARY SERVICE ACT-1917.
Subtopic:   THIRD READING OF THE BILL.
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July 18, 1917

Mr. A. C. MACDONELL:

I have the

Railway Act, 1906, and section 247 is the general sectipn providing for " lines and wires on highways; consent of municipality; travel and access; wires; poles; trees; supervision " etc., etc. That is the general law in regard to wires, lines and poles in municipalities along highways, public places, etc. Section 247 has eight subsections and the eighth subsection is the one which has caused the mischief. I have already read it. It is as follows:

Nothing contained in this section shall be deemed to authorize the company to exercise the powers therein mentioned for the purpose of selling or distributing light, heat, power or electricity in cities, towns or villages, without the company having first obtained consent therefor by a bylaw of the municipality.

That is the general Railway Act. The Court of Appeal of Ontario decided that it bound the company notwithstanding the fact that the company by its special Act *has power to erect poles, lines and so on without consent.

Topic:   P520 COMMONS
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July 18, 1917

Mr. A. C. MACDONELL:

I will come tc that. This company was incorporates in 1902 before the Railway Commission wa, appointed. The Railway Commission was appointed in 1903 and there was no tribunal to which reference couid be made in an Act of Parliament to settle disputed P 'ints between a municipality and a railway or power corporation. They were given wonderfully wide powers to go anywhere they chose, not only to carry their main lines through any municipality with or without the consent of the municipality but also- and here is the rub-to act as a distributing or selling company in any community and to sell their power without the municipality's consent. That is what this section is aimed at. The Toronto and Niagara Power Company commenced operations in North Toronto. They were running their lines wherever they chose and the corporation^ of the town of North Toronto said: You

cannot do that; you will have to comply with subsection 8 ,of section 247 of the Railway Act 1906, which provides that the company shall not do these things without the consent of the municipality. The Toronto and Niagara Power Company declined to accept 'that view of the matter and in defiance pf the municipality proceeded to erect poles. The municipality of North Toronto pulled down the poles, litigation followed, the case went to the Court of Appeal of Ontario and the Court of Appeal decided in 1911 that the company were bound by the Railway Act, that the Railway Act applied to railway, telephone, telegraph and power companies and that no power company could invade the streets of any municipality without the consent of

the municipality.. The Court .of Appeal decided that and the matter was thought to rest there. It did not. The Toronto and Niagara Power Company took the matter to the Privy Council.

Topic:   P520 COMMONS
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July 18, 1917

Mr. A. C. MACDONELL:

That has been the law always. The municipality has the right to say whether a company shall act

as a distributing and selling company within its confines or not. That is a proper law. The Toronto and Niagara Power Company is not a general distributing company. It has main lines and it sells its power wholesale as I understand it. The section which is now under consideration in no way impairs or takes away one iota of business or the right which it has exercised in the way of transmitting power because it does not act as a general distributing company. It is a wholesale company producing power at Niagara Falls and transmitting it to Toronto and other places.

It has main lines to accomplish this purpose and there is no interference with its operations in that resipeet. It goes on with its main lines just as it did before.

Topic:   P520 COMMONS
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