Sir WILFRID LAURIER.

in such terms as will relieve those who suffer under circumstances similar to those suffered by this man Roy.

I do not quite agree with what my hon. friend from Gaspe (Mr. Lemieux) said when he stated to the House that the Privy Council had held that this question should be decided according to the law of England and not according to the law of the province of Quebec. As I read the judgment, their lordships came to the conclusion that the common law of the province of Quebec was similar to the common law of England and they decided it according to the principles of the English law, which they stated were also the principles of the law of the province of Quebec. The whole question turned upon the interpretation of article 1053 of our Civil Code, which says that if damage is caused by any fault, whether by an unskilful act or neglect, the person is responsible in damages. But their lordships asked : How can it be possible that there will be fault upon the party if the act complained of is authorized by statute ? The present charter of the Canadian Pacific Railway Company gives the railway company not only permission to run its railway but directs that it shall be run in such a way and on the line which is set out and this becomes part of its charter by following the provisions of the general Railway Act. Therefore, their lordships said this Act being authorized by statute-the particular Act being authorized by a particular statute-there could be no fault upon the company and therefore the case would not fall within the purview of article 1053 of the Civil Code. On the other hand there is a principle of our legislation, which exists in all legislation, and it is that nobody can be expropriated without an indemnity being paid to him. If a railway line is run across the country those whose lands are taken have a compensation fixed either by arbitration or otherwise. Their lands cannot be taken without an indemnity being paid to them, and also those whose lands are injuriously affected, whose lands in part are taken and whose lauds are injuriously affected by the passing of a railway have a remedy. They are to be indemnified, but the difficulty, as far is I know the jurisprudence of the country, has been that every one cannot be indemnified for the passing of a railway unless a part of the land is taken in such a way that when a part of the land is taken not only should the party receive compensation for the land "taken, but also compensation for the other part of the land which has been injuriously affected by the passing of the railway. If no part of the land is taken then a party has no right and cannot be compensated for the reason of being injuriously affected by the passing of a railway. For instance, here is land which has a barn on the line of railway. The railway company by operating its line sets

fire to this barn. The owner of this property is expropriated just as much as if the company took his barn. But, the law does not give him any remedy. I think that this man should be compensated just as much as if his land, or barn, had been taken for the purpose of the railway and probably when the question comes to be studied in committee, a Bill can be drafted so that not only those whose lands are taken and injuriously affected by the passing of a railway may be compensated, but also those upon whose lands a railway does not pass, or whose lands are not taken, but whose lands are injuriously affected may also be compensated. It seems to me that there lies the remedy to meet the case, and that it would be only fair and equitable that such a person should be indemnified. On these lines compensation could be given and a proper remedy provided in such a case, as the circumstances should warrant.

Sir WILFRID LAURIER.

of the government of Canada, or the minister of the department concerned ?

Sir WILFRID LAURIER.

One of the most important questions is that of transportation. Why have we not some statement from the government as to what definite policy it has formed upon this subject. Allow me to refer to a document from my hon. friend the Minister of Public Works (Hon. Mr. Tarte), who, though he is not my enemy, has written a book, or rather an article, signed with his own name. In this article he points out clearly the duty of the present hour; and at the risk of taking up a little time, but in order to justify the reproach which I make the government, let me quote a few words from that article published by the hon. Minister in his organ at Montreal, over his own signature. It is entitled: "What I would do if

I were a member of Parliament." And in thus quoting the Minister of Public Works.-who evidently looks upon himself as a sort of Jekyll-Hyde in politics, to be dreaded as a minister and relied upon as an ordinary member-I am doing a service to the man by pointing out the laches of the minister.

' What I would do if I were a member of parliament. I would buy to-day the very best geographical map of Canada.' Have these gentlemen done so ? Is it not possible for them to procure a map of this country ? From a mere inspection of that map it will become evident to them that they have grossly neglected their duty by not announcing this session, at the very commencement, that they are determined to take some steps for the practical solution of this question and to save us from the destruction of our own trade which, indirectly, our neighbours to the south of us with energy, with strength, with pluck, which are deserving of all admiration, are gradually taking away from us. Well, after having, very properly, I think, suggested pointedly the purchase of a map as necessary for a beginning for these gentlemen, he continues :

' I would in the second place study fully, study maturely, the question of the means of transportation.' Have they done so ? Not at all. There is not one of these gentlemen able to rise in the House to-day and tell us that he has studied this question, otto tell us what is the policy of the government which they will attempt to carry out courageously. ' I would,' says the article,

' make of this question my question, the important question.' That is right. It is for each and every one of us, from one end of Canada to the other, the important question of them all. ' The session,' continues the article, 1 is approaching,' but what is the use of the session, if these hon. gentlemen have no scheme to lay before us; if they are afraid to tell us what is the policy of the government in regard to the question of transportation and help each of us, on whatever side of the House he may sit, to apply himself to the carrying out of some practical solution of this question. But, let my hon. friends listen to

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this further statement : ' I would not leave to parliament or the Cabinet either rest or intermission until 1 had forced both parliament and the government to adopt a policy, energetic, definite and well defined.' Have these gentlemen done so ? 'We are,' continues the article, ' proceeding in the proper direction, but we are not proceeding fast enough ? ' What guarantee have we that we shall proceed with any more speed ? The question is retarded for another session; and, though we are given information about the crops concerning which we long ago knew as much as do these hon. gentlemen; though we are informed that Marconi has been here and other commonplaces of this description, yet, on this important question we are left utterly in the dark. And my hon. friend (Mr. Borden), who dares to suggest that there is something missing in the Speech from the Throne, is told that he must have slept badly, that he must have poor digestion or must be suffering from loss of memory. ' The St. Lawrence is the shortest route between the west and the great lakes and the markets of Europe, but, as we know, until now, we have had a commerce in our own country which, compared with the commerce of the United States, may well be called insignificant.' That is true. And that is why it is so urgent that, since we have the shortest route and every natural facility, the government should take steps to secure the welfare of this country by increasing this trade. That is why it is so important why the government should give us their views upon this subject and make this the paramount question of the day. ' We transport to Europe but a very small portion of our own produce, New York, Boston, Portland, Buffalo, do a considerable part of our exporting. This autumn. Buffalo has received nearly 5,000.000 bushels of Canadian wheat, of 12,000,000 bushels which have been carried to Fort William by the Canadian Pacific Railway. It would be interesting to know what proportion of the balance of 7,000,000 has passed through the St. Lawrence route, because these 7,000,000 have been distributed between the different ports of Canada, the ports of Georgian Bay particularly. And most of these ports are used by the Grand Trunk, which has made its principal terminus at the port of Portland.'-thanks to the neglect and carelessness of these gentlemen, who. whilst they were treating with the Grand Trunk for the Intercolonial Railway and bonusing the Grand Trunk Railway for the construction of the Victoria Bridge, never for a moment thought that it was necessary to secure the terminus of that national highway-for so we may well call it-within the limits of our own territory. I am quoting the principal parts of this article in support of my claim, that, in neglecting to give us their policy on this question, in failing to make this the paramount question during the present session, the government has failed to perform its duty. ' We had,' the minister says in that article, ' no proper arrangement of our own ports. We had no terminal facilities. New York has magnificent terminal facilities. What had we at Montreal ? What have we at the present hour ? And, I refer to Montreal not because I happen to live in that city, but because it is such an important point on our national highway to the sea. I refer to it because of its importance to us all as Canadians and not alone to those who live there. What have we at the present hour in Montreal, what have we at Quebec and at Three Rivers along the St. Lawrence route ? Numerous accidents have caused us great damage in rendering the insurance rates almost prohibitive during the most valuable time for transporting freight, the autumn.' And the hon. gentleman continues by stating that, within a couple of years, we shall be in an irreproachable position in so far as the navigation of the gulf of St. Lawrence is concerned. ' Quebec and Three Rivers,' says the hon. gentleman, ' are being studied.'

The necessary work will be executed there.

But we have no statement whatever from the government in regard to its policy in respect of those works, and in fact nothing whatever in regard to that important question of transportation. After having given in this same article figures, which I will not quote to the House, to prove the absolute superiority of our own route over any other on this continent, the hon. minister goes on to say :

The very day after French River will have been improved in such a way as to give a 20-foot channel upon the whole course of that river, 25 to 30 million bushels of wheat will he accumulated along the shores of Lake Nipissing in the two months of autumn during which the transportation of this important cereal can be done most effectively and most usefully. Let us not forget that Lake Nipissing, that the French River, are bound to Ontario by a branch of the Grand Trunk Railway from Callendar to the capital of the sister province. The improvement of the French River is therefore, in my opinion, a matter which is most urgent and of immediate importance. It is an affair of $4,000,000 at most, a bagatelle of $125,000 in interest per annum.

Then, after continuing to point out the absolute necessity for immediate action upon the part of the government, the hon. gentleman concludes as follows :

I am not a member of parliament, I am nothing but a Minister, which makes all the difference in the world.

And, indeed it does, Mr. Speaker, because in spite of the assistance which the hon. gentleman might have expected from those around him in carrying out all, or part at any rate, of those improvements which are absolutely necessary, which we require, which are essential to this country, he received no more assistance than he has from the gentlemen who surround him in the de-

liberations of the cabinet. But this question is not one which, according to the opinion of the Minister of Public Works alone is important. You can find evidence of that in the daily papers of the city of Montreal and elsewhere. Yon will find scarcely a newspaper in which that question is not adverted to in some way. For example. I find in the issue of ' La Presse ' of the day before yesterday allusions to this important question. Upon the first page it treats the question of finding out the cause of delay in the city of Montreal. We have suffered now over one year's delay from the absence of ail elevator in the city of Montreal, which we should have had a year ago. This paper asks :

Who is to blame ? Is it the Minister of Public Works ? Is it the Montreal Board of Harbour Commissioners ? A solution is desired upon that point.

A reference is made to the reiterated complaints of the Montreal Chambre de Commerce, through its president, Mr. Geoffrion, a friend of the present government, concerning the repeated delays that we have suffered in respect to the construction of an elevator. We have no information in the Speecii from the Throne in regard to that or any other question that affects the port of Montreal. And yet, the Minister of Public Works knows it, during the last election in St. James Division, Montreal, and during the election that took place in Laval when the Minister of Public Works and the right lion, the Prime Minister both came down to take part in the fray, these questions were spoken of, they were discussed, and we were assured that the government were anxious to adopt a settled policy in regard to the port of Montreal and to carry out that policy-not in a niggardly manner, not slowly, but promptly, and without regard io expense, as we were advised to do by Mr. Reeve, the late general manager of the Grand Trunk Railway, when he attended an inspection of the port of Montreal some months ago, at which, I think, my hon. friend the Minister of Public Works was present. So much with regard to the question of transportation.

Then, sir, we have not a single word in the Speech from the Throne in regard to the fast Atlantic service. My right lion, friend seems to forget that. It is he who is losing his memory, and not my hon. friend to my right. The hon. gentleman seems to forget that when the Conservative party went out of power in 1890 there was at that moment a contract signed for a fast Atlantic service. Why did not these gentlemen carry it out ? They would have had that fast Atlantic service to-day if they had carried it out. The truth is, Mr. Speaker, as we think, and the public generally think, that these gentlemen are fighting a little too much ' like blazes,' as the Minister of Public Works said at the banquet in the city of Montreal. They are fighting so much that they cannot agree Mr. MONK.

upon any policy, upon any question. The only thing they can agree to speak about in the speech is of Mr. Marconi's coining here. But is it a fact that at this banquet in the city of Montreal, where there was a great divergence of views between the Minister of Public Works and my hon. friend the Minister of Finance (Hon. Mr. Fielding), is it a fact-since you require only facts-that the Minister of Finance went away so tearing mad, so much ' in blazes,' that he said lie never would sit again at a banquet with my hon. friend the Minister of Public Works ? If you require history, if you require facts that have actually taken place, let us know the true solution of this incident, and let us know if what we hear all over Montreal is true. If we must have nothing but events that have actually occurred, perhaps those gentlemen might tell us how it was that my hon. friend the Minister of Finance and my right lion, friend, the uncrowned king, according to the hon. member for West York (Mr. Campbell)-I think he will be crowned himself instead of witnessing the coronation of His Most Gracious Majesty-let us know how it is that they came down one day to Montreal and anointed as tlieir own candidate a young gentleman of that city, and as soon as they heard that our good friend Mr. Bergeron had manifested some idea of coming forward, they came the following evening to speak on behalf of their anointed candidate, and after they had ascended the platform in the city of Montreal they were obliged to change their tune and sing the praises of the present representative of St. James Division (Mr. Brunet), upon whose head they had been heaping maledictions for a fortnight or more previously. Those are events of which we would like some explanation from lion, gentlemen occupying tlieir high position.

Sir WILFRID LAURIER.

eration that to a representative of that county in this House has this honourable duty been intrusted. And while I recognize my inability to perform it as creditably as I would like, or as the occasion demands, I am sure that I will receive from both sides of the House that kind indulgence and consideration which has always been granted to young members.

In the first paragraph of the address I am sure we will all join heartily. I am sure we are all united in expressing our gratitude to Divine Providence for the benefits conferred upon this Dominion during the past year, especially the magnificent harvest which has blessed in particular our great North-west, and diffused gladness and prosperity throughout this Dominion, not only in the North-west but in the other provinces has Divine Providence been kind to us in the past year, and certainly if ever we should express our gratitude to the Giver of all good gifts, we ought to do so on the present occasion.

The address naturally refers to the visit of the Prince and Princess of Wales to this country. We are indeed glad to know that their Royal Highnesses carried away with them most pleasant recollections of their visit. Indeed I think that no event in the history of confederation has so stirred the hearts of our people and evoked such an outburst of loyalty to the person and throne of the representative of the illustrious line of sovereigns who have guided the destinies of the empire, as this visit of the Prince and Princess of Wales. We are glad to know that from the momeut they landed upon the historic soil of the old city of Quebec-that soil rendered sacred by the memories of the conflict between the two great races now joined in friendship, that soil in where breathed their last, the one in the hour of victory, the other in the hour of defeat, the two great and noble warriors, personifying the chivalry and valour of the two great nationalities in this country, now living in peace and harmony, and working together shoulder to shoulder for the unification and solidification of this mighty Dominion-we are glad to know that from the moment of landing until departure, the reception which their Royal Highnesses received was one calculated to make them carry away most pleasant recollections. And it is gratifying to our pride as a portion of the empire to reflect that although the Prince and Princess of Wales made the tour of the world, and although they travelled in countries peopled by different nationalities, speaking different languages, yet everywhere they went was British territory and everywhere they were greeted by that grand old flag which for a thousand years has braved the battle and the breeze.

And in all these countries, though the people may speak different languages from that which we speak, and although their religion may be different from ours, yet, from

the bottom of their hearts the prayer went up for the preservation of their royal visitors, and that grand old anthem, so dear to the hearts of Canadians, ' God Save the King,' was sung as fervently as it would he in Great Britain itself. It must have been a revelation to their Royal Highnesses to realize the vastness of this mighty empire, the destinies of which they will, some day, be called upon to guide. Though we all hope that the day is far distant when His Majesty Edward VII., shall pass away, yet we know that the time must come when the sceptre shall pass into other hands; and it is pleasant indeed for the people of this country, having had some opportunity to gain knowledge of the character and disposition of those who, in future years, will rule over this empire, to know that they are of a kingly race and that they are fitted, eminently fitted, to fill the lofty position that some day, they will be called upon to fill.

The Speech from the Throne naturally refers to the assassination of President McKinley. I am sure, sir, that the people of this country, in common with those of all nations, will rejoice to know that this government proposes to join in measures that will prevent such diabolical crimes as that which was lately committed in the United States, and I am sure that this House will learn with pleasure that measures in this direction will soon be submitted to it.

The returns of the census are, naturally, a subject of very great importance to the people. And, while, for myself, I am somewhat disappointed at those returns, having felt that we had reason to believe that the population of Canada had increased at a greater ratio than is shown to have been the case by the official figures presented to vis, yet, I believe that the last few years have shown that the population of this Dominion is increasing at a rapid rate. All the evidences known to us, the general prosperity of the country, the stream of immigration that is going into the great North-west, the filling up of our towns and the cities-all these lead us to believe that within the last few years our population has been rapidly increasing and that when the next census is taken it will show a much larger ratio of increase than the census whose figures have just been made known. I am glad that the papers will be laid before us, and that there will be an opportunity of discussing this matter more fully at a later day.

Naturally, the application of the Canadian Pacific Railway for the right to increase their capital by some $20,000,000, is one that could not be passed over without comment in the Speech from the Throne. For my part. I consider it another evidence of the great prosperity of the country that a road penetrating all the parts of the Dominion, with its branch lines completing a great system, should find it necessary to double-track large port ions of the line and make other extensive improvements to provide for the

enormous amount of traffic that is offering. The necessity of providing for this additional traffic having arisen, it is natural that the company should seek power to add to its capital stock. But I am sure that the House will be glad to know that the government have been guarding the interests of the people and that the addition of $20,000,000 to the company's capital will not affect injuriously the government's right to control the rates. Everybody knows that, under the bargain made with the Canadian Pacific Railway, the Governor General in council had no control over the rates of tolls on the traffic of the road until the company had earned a dividend of ten per cent on its capital. The question naturally arose : What is the capital of the Canadian Pacific Railway ? We all know that the authorized capital was $65,000,000 ; and added to that, they had a large bond issue. Questions arose whether the amount of money they raised on these bonds should be considered part of their capital or not, and also whether their authorized capital of $65,000,000 should be considered, for this purpose, at its face value, or at the amount that the company received for it. I am sure that hon. members are all glad to know that these long-pending difficulties and differences of opinion are now to be settled in a practical way by the courts of the land. I believe that, before long, a solution of that difficult question will be arrived at which will be satisfactory to the people of this Dominion. The prospect of such a solution, I am sure, will be gratifying to the House.

The wonderful invention of Marconi, in his wireless telegraphy, is one that is of vast importance to us, and I am glad to know that the government has made arrangements by which Signor Marconi can continue his operations on the coast of Nova Scotia. If he is successful, as I hope and believe he will be-and who can tell in this age of invention, in this age of wonderful development, what the future has in store for us ?-his invention will redound to the great credit of this Dominion and will enable us to make arrangements for sending messages across the ocean at very much lower rates than those now in force. I feel sure that the government, in making arrangements with Signor Marconi, has done a thing in the best interests of the people.

The success of Canadian exhibitors at the various industrial exhibitions that have taken place is a matter also of the utmost importance to the people of this country. It is gratifying indeed to know that our success in these great exhibitions, notably at Paris, at the Pan-American at Buffalo, and at Glasgow, lias been so great as to assure us of practical results of vast interest to the people. At the Paris Exposition, Canadian exhibitors won 45 grand prizes, 87 gold medals, 105 silver medals, 85 bronze medals, and 48 honourable mention diplomas, a total of 370. And. at the Pan-American at Buf-

falo, the results have been almost as good. At that Exposition, Canadian exhibitors won 21 gold medals, 33 silver medals, 38 bronze medals, and 88 honourable mention diplomas-a total of 180 prizes and diplomas for Canada. The live stock entered by United States exhibitors at Buffalo comprised 546 animals, and the exhibitors were awarded prizes to the amount of $4,368.40. From the Dominion of Canada we sent 344 animals, yet our exhibitors carried off prizes to the amount of $3,141.60, a very much larger proportion than that of the* United States exhibitors. I need not take the time to give the details in other cases. The exhibitors at the fair in Glasgow were able to carry off a great many prizes, and got high awards for the excellence of their exhibits. And what is better, they were able to make sales of their furniture, of their carriages, of their agricultural implements, and especially of bacon. The House is no doubt aware that we have sold very little bacon in Scotland, but after the exhibition took place, and after the quality and excellence of Canadian bacon became known there, enormous orders were given to the Wm. Davies Co., of Toronto, and to other companies, and they have been enabled to make large sales, and have placed upon the markets in Scotland a large quantity of the excellent bacon which they are producing from our Canadian pork. But in other lines also Canadian manufacturers have been enabled to sell a large quantity of their goods in consequence of the exhibition that was held in Glasgow. So I think that the three exhibitions we have held in the places I have mentioned, have proved of enormous advantage to the people of this country. They have advertised Canada as it was never advertised before, and have brought our goods into competition with those of the rest of the world ; they have shown that the people of this young Dominion are able to carry off a great number of prizes in competition with the wide world ; they have shown that our people are energetic, are perfecting their machinery and their plant, and are able to produce articles that will compete successfully with the wide world.

The condition of the revenue, and especially the enormous exports and imports of this Dominion, naturally called for some comment from His Excellency. It must be exceedingly gratifying to the people of this vast Dominion, no matter to what political party they may belong, to know that their country is marching forward by leaps and bounds. One can scarcely realize the enormous advance that has taken place during the last few years. Take, for instance, the trade of Canada, which is a very fair index of the prosperity of the country. In 1891, we find the foreign trade of Canada amounted to $218,284,934. In five years from 1891 to 1896, that trade made but slow progress. In 1896 our foreign trade

Sir WILFRID LAURIER.

Supreme Court of Canada, $22,460.