CIHM Microfiche Series (A/lonographs) ICI\/IH Collection de microfiches (monographies) Canadian Instltuta for Hiatorieal MIcronproductiona / Inathut Canadian da mlcroraproductiona liiatoriquaa ©1995 TMhnical and BibNofrapliie Now / Nmm iMhniquM *t Wblio«raphiqiiM Tlw ImtiniM hH atmniind to obMn th* bttt erifinal copy anilaMt for fHinint. 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The following diagrama IHuatrata tha L'exemplaire film* fut repreduit grice * le Lee hnegea auhfontea ent ttt reprodulte* evac le plua grand coin, eompta tenu de le condition at da la nattotO da l-esemplelre film*, et en oenformM evec lee conditione du contrat da laa eaemplelrea origlnaux dent la eouverture an pepier eet Imprim4e sent film4i en commandant par la premier plat et an tarmlnant aolt par la JamlOre pege qui cempona ui • ampralnta d'impraeaion ou dINuatretlon. i It per lo lecond plot, toion le caa. Teua lea autrei axemplalm orlginau* lent fHmto an eommenfont per la pramMre pege qui eompoite une empreinte dimpraaaion ou dINuatration at an tarmlnant par la deriMre pege qui eomporte une telle Un dee aymbolee Miivents apparattra lur la dami4re Imege de cheque microflehe. aelon le caa: la aymbole -» algnifie "A 8UIVRE". le aymboio ▼ algnifie "FIN". Lee eertea. pienchea. tabiaaux. ate. pauvent ttra tNmte i dee taux da rMuction dlff«rants. Loraque le document eat trap grand pour Mra reproduft en un aeui cilch«. II eat film* t partir de I'engle aupMaur gauche, de gauche t droita. el do haut an baa. an prenam la nombra d'Imagaa n4ca8Mire. Lea diagrammes aulvanu Ittuatrant le mOthodo. 1 2 3 1 2 3 4 5 6 "WWCOfY moiUTION TBT CHAIT (ANSI and ISO HST CMAKT No. 2) 1.0 1.1 < 1^ |Z2 1^ ^ 1 1.8 A /APPLIED INVOE |«. ILB (435-6 1901 DECISIONS Speakers oftlie House of Commons OF CANADA 1867-1900 L. G. DESJARDINS, I., CURK OF THE lEQWLATIVE ASSEMBtV OF THE PROVINCE OF QUEBEC. QUEBEC. /v^Oiw^r', 1901 and of the Provincial I «„•=,♦ *" Parliament i« this form the "D eS "r.?^«''"''"^'''°« the House of CommonTnf^ ^ Spealcersof of Parliamente™cedu^'"f ^' °" 'J"^^«°"« rience how difflTult^t T« f ^^ J '"'''^' "'^ ^^^Pe- aomenUo those "De.. '"f"'' "* "*""" »»■«" are in the thirty fi^'''?"'' ^^'^ttered as they of the House of Comm """"' °^ "-e "Journals in 1867. Their stuT?"' ""'=' '^""federation, • f""nsasesirn "ltone\7 t'" "^''^''^^'^ task of those who wi« date of each L- G. DESJAKDINS Quebec, February 5, 1901. ^SPfiAKERS" OF THE flOLTSE OF COMMONS 1.— Honorable James Cockburn 1S67-1S74 2.-Honorable Timothy Warren ,^"''''" 1874-1S78 3.— Honorable Joseph Goderic Blan- . "^^^ 1879-1882 ^.-Honorable George A. Kirkpatrick 1883-1887 5.— Honorable J. A. Ouimet 1887-1891 6— Honorable Peter White 1891-1896 7.— Honorable Sir James David - ^t^"" 1896-1899 5.— Honorable Thomas Bain 1899-1900 mi CONTENTS — ■ I fc DECISIONS PROM THE CHAIH ].-Bills ^*" 2.-Con.mittee of the wholVHouse!; Z"" sj 3.— Motions ■■ 4.— Petitions ^ 6.-Supply,etc ZZ. !!f 100 Draw fflOM m cum ON POINTS OF ORDER BBSPECTIITG THE PROCEDURE ON BILLS. -March 27, I86S Which ha,, been read alfV"'' ^''°'«' ^ut the House, can hf n. '*'''/""« by leave of House has .ubsequenTrel';' V'"" "''«» *b« Mittee of the Whde anrfn ''!''.'*^"" '" '-^"■n- «on on which rtn^'b^lr' *'^ «^^'""- — 2 — Objection is taken by the Hononble Mr. Holtoh ; That 'hi» being a Bill relating to Trade, and alao involving a pledge of the Public Credit, it ought to have originated in Committee of the Whole Houae, and, that the step not haWng been taken prior to the first reading, the Bill cannot now be read a second time. Mr. Speaker decided us follows : " I hold that the Bill does involve an increa- sed pledge of the Public Credit, and therefore ought (see Kule 41, and May, page H64) strictly to nave originated in Committee of the Whole House. " But the Bill halving been read a first time by leave of tl „ House, and without objection, and the Hou^ ■, subsequently, having been moved in Committee upon the Resolutions, which where afterwards concurred in by the House, it is now too late to raise the objection. In none of the precedents quoted where Bills of this class were rejected on 2nd or 3rd read- ings had the House been in Committee, that proceeding having been entirely omitted. Here, the contrary appears ; and we need not enquire at this stage whether the introduction of the Bill, or th ) Resolutions in Committee, where the first step m point of time. " 1 think the Honorable Member is n^t re- quired to proceed de novo, but may go on with his Bill," Journals, Hirase of Commons, Vol. 1, Page 161. — 3 — y^»nh 27, 1888. The term " TraHo " ■•., u lar sense, not Sg^ZttoT.T' """^ '^P"" respecting Insnrancernmto • ^"""'^nce, a Bill Honse. ^ '" ^"»nm.ttee of the Whole The Order of the Dav ft.- ,i. '«, x„_... eL::„t :r/.r "■* -^ "■« «"> lution, passed i,. Co Ja J„, h::tK^ 'T' "I"" «-- « « Bill „uti ,„ T,^;"" " f,'';\''°'>' Hou«,. That it " British North A,„en^ A, ." ""f ' '""" "-o '^^^ of the iti. beyond the juriXtt, •""!*"""-"■'""•"" treated, under the head " RelltL' " T , ' .™'*' "" '' '' »»'y thi,Hou,eoandeaTwthlaI;t r. ''"■""■'™" "»« "nder that head th. J^ *""' '' " '^«»' "<>* oome Mr. Speaker decided a« foUc^s : . " I hold that the term " t™ i ,, j Its general and popS , J'^'^® ^«' ""t. in fance. Trade raeanfbnvin^^*PRy *» I"«- tjng and exportfng 'oodsf?.''"'' f' '"% '-"P"!- Raflways, J^avigation and TpiT *^J- BanMnj., Trade and are itsauxilS h^i'^^''*' ^" ^''^'^t che.s of Trade in thn il^^ i ' '* •"■« ""' bran- teinly. the first, " Banld^S"!' ''"'«.: ^e*' "e?- -4 — subjects must necessarily be considered in Com- mittee of the Whole ; sometimes it may have been done, but the practice is not uniform, the S of o^llr/'"-"' ""•"■*' "• ' "^^"^'^ Journals, Houaeof Commoni, Vol. 1, Fagea 161- '1«2 March 28, 1870. HoNORABM Jamm C!ockbdi«, Speaker. A Private Bill containing provisions not con- templated in the no);ice given should be referred to the Standing Committee on Standing Orders for reirart. The Order of the Day being read, for the second reading of the bill to amend the Act of incorporation of the Great Western Railway Company ; The Honorable M. Cabliso moved, seconded by Mr. Sbanlt, and the Question being propr.«)d, that the Bill be now read a second time : Objection taken by Mr. Oamebon, That certain of the provisions of the said Bill, as amended by the Select Stan- ding Committee on Railways, Canals and Telegraph Lines were not contemplated in the Notice given under the Rules of the House nor in the r.lition praying for the pas- sing of the said Bill. " Mr. Speaker decided : that the Bill should be referred to the Select Standing Committee on Standing Orders to report whether the powers to be conferred are in excess of the Notice given / — 8- ?«• whether they are substantially included J»»rn«l», Ho„«„f c„,„„„„,, v„I. 3, P^ UH. March 29, 1870. """"""*"" Jam,,, C,K.K,aBx, Speaker. thltteTodTtri 'r*'r.* ■" ^'"-""""eeof rized to do ''""'' '* " "''-e^dy autho- col^t^:::Lt„^Tpe^:!„ r- '"- '-^ "■'°- » the H„u«. of Common, '^'"* ''""''™ "' ^''•''^'' "t until Parimment slmll oTl, ■ ^°?'""'»<* *" P~vide, that -d di.,uaH«c:«:': ':t™r rrt" ; "■" ''""™"''"""» to the House of Common ^ „ u '""' "' Member, enacted by Clir™r '"''''' ^ "'8"'''W by the law, Wanohof .Heir.:;:i: --~- '" '^» r«P"- -t'^-nxrtitra,'^'''"^™^ ""- "- --- <» t" the c«n.mur:i\H:;rh 7:t"arr "' t- power to do: also that th. u.Vu c. ^"^^ '" "'«■■• North Ameri a Act "pi,; "" ^"™ "' ">« " British Mr. Speaker decided: "That the motion is _6 — not in order, ina«oiuch as it is not competent for the House to instruct the Committee to do that which it is already in their power to do." Jounuli, HouM of Commonii, Vol. 3, PagM 130-131. April B, 1870. HoxoRABLi Jamu Cockbobs, H|iMker. A Bill from the Senate, certain claases of which would necessitate some public expendi- t'are, is in order, if it is provided by a clause of 8 -id Bill that no such expenditure shall be made unless previously sanctioned by Parlia- ment. The Oriler of the Day being read, for the third reading oi the Bill from the Senate, intituled : " An Act to amend the Act relating to Lighthouses, Buoys and Beacons " ; The Honorable Sib John A. MjiriwNALD moved, seconded by the Honorable Mr. TllLBY, that the Bill he now read for the third time. The Honorable Mr. Holtos called attention to certain clauses of the Bill, which make di8)x>sition respecting public expenditure, and authorize the incurring of obligations that could not, in his opinion, originate in the Senate. M. Speaker said : " That by referring to the authorities, it appears that the Commons had accepted provisions in Bills from the Lords creating cnarges not directly imposed by the — 7 — thority to the Mmftlr H! "•"*" K'^e »u- until previously .^«^L^, ™"«e,.expenditHre this overrides the e^uhth 1 7 P^'l'^ment ; and the HonoRible Mm^Kl ^^^V"" ^etemd to by therefore" l^"|.atio unde?fhr "^'^ which could bind GovernmenfaL ''"*''*"•'""'' an expenditure of nul.li?m ' """^ necessitate been l^viouTv saS^H ITk^T' P'''^''^ '*- bad could not tWefoTesuZ^n^t^ Parliament. He Hononible EC w'pK° i*" °''J«ct °n <>' the SS2cH£|p Joon.,J,^ Hou« of Com^n^ Vol. 3, IVge 15.5. April 25, 1870. HoxoRABtB Jamb, Cockbuhx. SpwkcT. aB^rt^rs^^it^^r^trararr" -i^sdebate.overru,edterrlr.*^^^^ r _8 — Dabatff upon the Amenduent, which wu, on Wednwdair IfUt, propoumi to be mule to the Qoettion, Vhftt the Bill, (respecting the C«iinda Central RailwAy Company), he now read the third time ; and which Amendment wae, that all the wonli after " now " to the end of the Quettion, Ite left out, and the wordi *' recomm'tted to n Committee of the Whole Houw, with instruction to add the following clause > •'No Railway or pnrt of Railway to be built, acquired, or completed befot-e tlie time liniit«d by the Act hereby amended by the said Canada Central RKilw>>y Compnny, or by the said Ottawa Vnltey Ratlwity Company, or by any Corap'kny ani)tl){iimated or to bn amiilgi^mated with the ■amp, shall be deemed to hitve been built, aoquiied, or com- pleted %'ithiri such time in so far as the grant of land therein nionttoned is concerned,'* inserted instead thereof; And the Question on the L nendment being again pro> posed : — The House resumed the Debate. Objet^tion taken by M. Grant, That the Amendment is not in Order, inaimuoh lu one day's notice had not been given thereof, under the 68th Rule of this House. Mr. Speaker decided : " That as it had already- been debated upon durinuf two previous sittings, it was too late to take the objection." Journals, House of Commons, Vol. 3, Page 238, — 9 — M«jr « 1870. HOMOBABI, jAUIa CoOKBUlil., 8p«k«r. thJwhST/"""'", ''"^'■'"" " Committee Of exlmn?, *""""• » '^"' ••eKpecting public expenditure, .o a» to alter the nature of the ex- Pend.ture recommended by the Crow," J mat tlw Supemnnuatioii Fund shnii h„ . .™.- i Public Revenue, »ny connection with the 2. That the Fund .hull be «dminirtere inasmuch as by Section 54' of the Imperial Act 30 Vict., Chap. 3, it is enacted, that " It shall not be lawful for the House of Commons to adopt or pass any Vote, Resolution, Adress, or Bill for the appropriation of any part of the Public Uevenue, or of any tax or impost, to any purpose, that has not been first recommended to that House by Message of the Governor Ueneral in the Session in which sucli Vote, Resolution. Adress, or Bill is proposed," and that the subject matter of the said motion had not been recommended by such Message." Mr. Spkaker said : " This aineudment proposes a suhstantial change from the proposal recom- mended in the Messagn of His Excellency the Gove, nor General, of the 2nd May, instant. It involves a public charge diffeieiit from that which lias been so recommended to the House, and though I have some doubt on the question',. 1 shall decide that the Amendment is out of Order." Journals, House of Commons, Vol. 3 Pages 302 303. — 11 — May 6, laro. HoKOBABiK Jamm CocKBci,y, Speaker House. Committee of the Whole |J. A Bill is not in order whpn th^ h„ l ?^re:eSn-^^*--"-""-S it relates to Tmde; ' ''""""«='' « Mr. Speaker decided as follows • timJS! fn defl^',L'?h"„r^ I expressed some- in Raleil ''^""'"g '^e term " Trade "as used 1' I '*'«" -^eflned the word as follows • I hold that the term " Tradp " ,!«„„ ^ • " ancfTa'd:"" ^"P!'''"- -»- appt to h, 'ul!! d,nce. irade means buviniTanH «oliV! ''".'"^"i- "alFkssLt Se^ndlt'°> """^ .T«'es4hl "are not branches of T .^ ' .""xiliaries, but " -nse ; ye^S^, fir^.^. the jopuja^ — 12 — " is more intimately connected with Trade ■" than Insurance. " I do not find that Bills relati: to these " subjects must necessarily be tirs insidered •' in Committee of the Whole ; sometimes it " may have been done, but the practice is not ^' uniform, and I see no rule which requires it." " I have to consider that this is an Objection restraining this House ::i its powers, and the rule under which the Objection is taken ought not to be carried by any implication one step farther than its words clearly, indicate. There- fore, I think I am right in a strict definition of the rule in holding that it does not apply to Interest on money. I find that one of my prede- cessors. M. Speaker Walbridge, gave a decision in precisely the same spirit. I have further to say that so far as the hasty set/ch I have been able to make can permit, I understand that from the year 1S51 there has been no Bill intro- duced into the House by Resolutions in Com- mittee on the subject of Interest, until this present session, so that we have no practice of our own in that direction. I see that m England the Bill for regulating the rate of Interest in ISai), and whicn virtually abolished the Usury Laws and made money free, was introduced on motion without going into Committee in the first instance. So that, in accordance with the spirit in_ which I formerly defined the term " Trade '", and in accordance with the prece- dent which I have mentioned, I hold that the Honorable Member can proceed with his Bill." — IS — Journal,, Ho»« of Common^ Vol. 3, Page. 31S-3K March 16 and 20, 1871. Honorable Jams, Cockboen, Speaker. As a general rnle, a Bill respecting taxation should be presented by a Minister of the C.ow„ If presented by a private Member, a mS should assume the responsibility of ti 7b"i1 b' ^.gn,fy,ng the consent of the Government "^ oftl,„Bllto.-en,ovedoabU„s to the liability ,„ St.™ inrnix::i'°"'"'™ -^ """* "•' ^'--'^^ rea^d'ai'r;::::'; ■"'-■« ■■"'■"•-''' ''■-«- ^'" '-<>» Objection i» t„kon by the Honorable Mb. Ho.tov that sz"whr'"''^''^"'-"'-"^'"^-zr — 14 — At the sitting of the 20th of Match, Mr. Speaker gives his decision on the point of order raised on Thursday last, by the Honor- able Mr. Helton, as foUoAvs : " The Bill is to remove doubts, and declares that certain^ notes shall be deemed to be pro- missory notes within the meaning of the Act 81 Vic. Cap. 9, and shall be subject to the duties thereby imposed, and it provides that all such notes heretofore given and not stamped shall be made valid by a double stamp. " There being no appropriation of money pro- posed, there need be no recommendation from theCrown ; and the objection rests on the ground that as it involves An additional charge on the people, the Bill should have originated in Com- mittee of the Whole, and should, moreover, have been proposed by a Minister. " It appears to me that the Bill is merely declaratory, and that it involves no new charge except in so far as the double stamp duty may effect that purpose. On looking carefully at the 31st Vic. Cap. «, I find by Section 7, that the Governor in Council may declare that any kind or class of instruments, as to which doubts exist, shall be chargeable with any and what duty under the Act ; and by sections 10, 11 and la, provisions are enacted to render valid notes in the hands of innocent holders and notes gassed to third parties. The provision as to ouble stamps in the present Bill is merely an extension of the former Act in its remedial clauses to the class of notes here referred to, and which are now declared to be within that Act — 15 — ■wit' mussed in the couree of t h^ »? ' which was dis- 1 think it proper to sav , f! ^'^^f "''iections, the Ho„se.''l„X,ce/nfay undoTibtedlvfi '' 'S m the Journals of the 4k ish irfml^Vr"'^ mqns, of Bills and Motion" by prJa^.MlS"'"" to increase taxation somn nf ,.V- I , Members •unchallenged. St'n^rfhp,.."'' IT'^ P^^^^^d assent of a m nister h»« K, . ?""' ^I"" "direct ■ Recently, however in 1S«q" "^T'l^ sufficient. Sir Thomas EiksiueMav If'' m^5 authority Committee of the two Hn^*'''' h^o^a Joint that, '• no prfva'te uZ^TLt^te^Jr''''' pose an Imperial tax uVon Thp ^1 *," P""?" must procee^d from a M?nPster ofW" ' " or be in someotherfonn dec aTedL ho^™"" sary for the public service.^' ^^ ^® "'"'^*- this^as'^thVcorr^cT'coi'^tr^.rP''-',^ ^"^'^P' "f regu]atingthe°ntroductm,nf ■""■."^ "'^ '•"'«« The motion or B 1 ^houK,?"",'''*': '"easures. by a Minister, or if^nkiilj k®*" ^^ ■"t'-oduce^ ber. a practice vvhich "hou d nnf h' P"^^*^ ^«'° a Minister should ttl'^^^^Stf !>f — Iff— it by signifying the consent of the GoTernraent to its heinu entertained by the House. " If the House agree with me as to the desir- ability of adopting this constitutional restric- tion, it will become my duty to enforce the observance of the Rule hereafter." Journals, Uouae o( CommoM, Vol. 4. Paget 96, 113-113 April 3, 1871. HoNOBABU Jasiu Cockburn, Speiker. A Bill ib out of Order when it is at variance with a previous decision of the House. The " Bill to repeal the Insolrency law« now oxiating ii> the Dominion," having Ijoen read a second time ; Mr. CouiY moved, seronded by Mr. Olivkb, That the Bill be committed to a Committee o{ the Whole Houae fcr next Thursday week ; M. Mackemzie moved in amendment, seconded by the honorable Mr. Holton, that the words "next Thursday week " he left out and the words '* to niorrow " inserted instead thereof ; Mr. CuKRiER moved in amendment to the said proposed amendment, seconded by Mr. Ross (Prince-Edward), that the words *• for to-morrow " be left out, and the word " forthwith " inserted instead thereof. Mr. Crawford having taken the objection : That a Bill to amend the Insolvency Laws had been already passed by — 17 . - th« Bill to iXl thl "r""'",' "' "'•''■" ■" '» *'■«"»- entertained '^ """ '""°'""^y '-"^ ™"1'' "O" be House. The Bill .-annnVr ^Je'"«'"n of the duri.,gthep'rereutssS^'^'' "'"'"'"'''^'^ ^''h Joarnal,, House of Co„,,„o,„, Vol. 4, Page 210. M"y 2, I87i>. Ho.vo.uBLK James Cockbuhx, Speaker. — 18- Mr. Colbt moved, Mconded by Mk. Cartui, and tin '(iueation Iwing prop«ed, tl»t Mr. Speaker do now leave >the Cliair, Mb. Savary moved, in aniendiii nt, seconded by Mr. Workman, that all the wordi after '-That" to the end of the Question be left out, and the words, the Insolvent act of 1869, and its amendments be referred to a Special Com- luittee to report to this House such amendments to the said Aus aK the comraerci.il interests of the country lequire; with power to send for persons, papers and • records, inserted instead thereof. Obi'"'tion taken that the motion in amendment is not iin order. i Mr. Speaker decided as follows : ■" I think the motion is out of Order, for this reiason : The Hou.se has affirmed the pi.,priety of this Bill being referred to a Committee of the Whole House, although it is true that the Order is capable of being delayed by motion and suspended for months, perhaps for ever, pratirally, yet that decision has not been come to by the Mouse, and it having been decided that tbr Bill be referred to a Committee of the Whole House, it is not open at this stage for the Honorable Member to move that the Bill .be referred to a Select Committee. If tlie Honor- able Member had confined himself to an abs- tract proposition, I think he would have been in Order ; but he has not done so ; he has merely asked to delegate to another body the power of dealing with this measure, which the House has already resolved, shall be dealt with by a Committee of the Whole. — 19 — of o„u., , „., „p„j:::™ ;-p ".» p^v.^ aff^cted\r;Llt'S- ^""'K:'' ^^e Bill had already tC power a^klll'?' '^« Committee and therefo^re trCio^if oS't'o" oW?*'""' Jou.v.1., H„„„ of C„™„.„„., voi. 5. P„ge. 77-:s.„. *r»y ir, ist-2. HoKORABiK James Cockbch.v, Speaker. A Bill respecting Insolvency in„,f n.f -amy originate in Committe^ont wlr'" Quesfor. being p„p„,ed. that the B.il^ ' "'"' "" third time ; •- , .p uie ij,ll be now read tlie Oh^flotion taken bv Ml- H.in. Mr. Speaker ruled as follow, ■ «b«.XcS«-;s.S.,?d — so- second thought of the House of iiniWMing bur- thens ; anil timt object is certainly not required there, wlien the Bill is to repeal, A part from that, 1 cannot agree with the Honorable Qen- tlenian in holding that this Bill relates to Trade. It may certainly apply directly to traders as individuals, buv it does not propose to regulate Trade as a subject matter." Jouniah, House of Commons, V^l, 5, Page 120. June 4, 1872. HoxoRABU .Iames CocKBiBx, Speaker. A Bill is in Order when substantially tiiffer^ ent from another Bill on the same matter pre- viously disposed of during the session. Mr. CosTIGAN moved seconded by Mr. Lacbrti, that the " Bill " to compel Members of the L'M:al Legislature in any Province where dual reprcseiitatioi) is not allowed to resign their seats before becoming candidates for seats in Dominion Parliament, be now read the third time. Objection is taken by Mr. Mills, that the principle involved in this Bill is precisely the same as one voted upon before this session, instituted ; ** An Act to render Members of the Legislative Councils and Legislative Assemblies of the Provinces now included, or which may hereafter be included within the Dominion of C»nada, — 21 — that su.«ta„tiHi,rth\ Ssi wTs^r JournuK Ho„.„ of Common^ V„|. 5, P«^ 2,3. April 16, 1873. Ho,o«Aa« Jam„ Cockburx, Sp«.k.r purposes ; ' " * '■"■"■" f^"0i. »"i for other -^".^el'^drr '''"""'•'-^•«'- "« Bin bene. to have been fntro^ucod ' " ' T"" *'"" " '»'«'" «"' contented that tl^Tbe T^Tl.f ""' -."'"'■ °" oompoundadeUduetotheGotn-n^l"' """""^ *" ff — 22 — Mr. Speakbr ruled as (ollom : "I thiak the objection doe» not lie. I think tb» Honorable Member may proceed with his Bill. " Compounding " is strictly the taking " .enn " that the thing that in due. That is not asked in this case." Journal!, Honn of Commont, Vol. 6, Figo 164. April SO, 1874. iloNonADLii TivoTBY Wakkix .^kolix, Sposkcr. A bill relating to Banks and Banking should be based on Resolutions passed in CommiJto|_ of the whole House. Sin. LAriAiiaK moved, Koonded by Mr. UbooUI* jui' the Quntion Iming proposed, that lenve be given to bring in » Dill to amend an Act relating to Banki and Bankings reapecting the liability of shereholden. Objection taken to the introduction of thia Bill on the ground that it afiecta Trade and ahould be baied an Beia- lutions pasted in Committee of the w><"le House. Mr. Speaker ruled : " that the Objection was well taken, and that the Honorable Member could not regularly proceed with the Bill." Journals, Houie of Commons, Vol. 8, Pages 142-143. — JS — M«y J5, 1874. Ho»o.*.i, Ti«OTur \Vah,„ a.ol.,, 8p.»k,r, ri'i.'ir """ '"""""■ ""■"«' '^-- ■— ^ Co«n,.tt« of the WI.0I. Hou«, with . view ofXuutTn, Objection talten to the propowd amendment. Journ.:^ Hou« of Common^ Vol. 8, Page. 243,244. -24 — March 12, 1875. HoNORADLK TiMOTHV Warrkn Axoliv, Speaker. A Bill containing provisions of a private nature cannot be introduced as a Public Bill. Mr. MacKrnzik (Tjaniliton) movrd, seconded by Mr. FoURSiFH, that leave be given to l)ring in a Bill to re- arrange tlie ciipitul of the Noithei-n Railway Company of CiLniuia, to enal)]e the said (.'onipany to change the gauge of its Bai way, to amalgamate witli the Northern Exten- sion Railways Company, and for other purposes. Objection taken timt some of the provisions of this Bill were of a private nature, and should l>e dealt with under tlie rules relating to Private Bills. Mr. Speaker decided : " That the point of Order is well taken, and that the Bill could not be introduced as a Public Bill." Jouruals, House of Commons, Vol. 9, Page J13. April 1, 1875. HosoHADiE TiMOTiiv Wahre.v Anol.x, Speaker. 1. Any amendment can be made to a Bill in Comm.t,tee o the Whole n.ovided it i.s re.ovait a. An amendment to a Bill restvictive of the expenditure of public money i. i„ Ordei- .f the Bill 7 "/, "" ""'■ '"'"" """ '"- '"" ^™"'' ■•»'""■« The Bill ™ .,,,„,di„„|y ,.^^j ,^ ^^_^^^^^ ti,„e, a„cl com- aitted to a Committee of the Whole House The House accordingly resolved itself „,to the s,nid Com- «..ttee and after some time spent therein, M„. Speak™ Committee wished to be instructed by the Hou,e whether .was allowable for an Honomble Member ,o l^e that l«ll. All aoods, wares merchandize, commodities and ^upphes of every kind required for the use or „„", any Gov.rnn,ent railway for a greater amount tharil^ It was w.th respect to this an.en.lment two point, of Order ^aUeenra-sed. Fir.t, that it whs not relevant to t B.ll, and could no. be properly moved in the Committee -condly, that the .mendn.ent imposed „ burti"? ^d' should have been flr.t originated bv a Kesolu.i: '!„"' Committee of the Who.e. — 20 — Whereupon the House proceeded to take the- same into coninderation, and Mr. Spkakee: having been requested to state his opinion said: " With respect to the first objection, I have to gay that there is no doubt that it is perfectly ligitiniate to make, in Committee, any amend- ment to a clause, provided that it is relevant to the subject matter of a Bill, or pursuant to instructions ; but if any such amendment shall not be within the Title of the Bill, then the Committee must amend the Title accordingly. As regard the second objection, I am of opinion< . that the clause, if added to the Bill, will be actually restrictive qf the expenditure of public money, and will not tend, in any way, to increase the public burthens, and my impres- sion is that tlie amendment is in Order." Journals, House of Coranioiis, Vol. 9, Pages 327-328. March 8, 1876. H0N0R.VBLE TiMOTHY Warrkn AngliU, Speaker. 1. A Bill relating to Trade must originate by Resolutions in Committee of the Whole House. 2. Fines, penalties and fees can only be im- posed with the consent of the iJrown. The Order of the Day I.eing read, for resuming the- adjourned Debate upon the Question which was, on Thum- fee ^hrh '.1 m'^ r^ P^?'''*'^^ and exacted a the "rown." ""'^ ^e done with -onsentof Journals, House of Commons, Vol. 10, Page 119. April 4, 1877. HoKOKABiE T.MoraY Warren Axoliv, Sp..aker. A Bill cannot be re-committed to a Com-^ m.ttee of the Whole House when the Questi "„ has ;,een proposed, that the Bill do pass. The Question bainK proposed. That the Bill do pas, • (a B.ll to amend the Insolvent Act of 1875, and the Ac n amendment thereof.) '' It comes under rule 41 therpfnrpf *" '^'?1^' proceeded with." ""e'«<>"e it cannot be Jonrn^k, House of Commons, Vol. li. p„,e Mc. Apj-il 3, 187* HoNOBADLE TiMoTHv Wahres Anol.n, .Speaker. An amendment to the motion: That the ametmLs. ' ""■^' '^ '^'^^'""* *° -<> Tl.e House according to Order, proceeded to take into «.ns. erat,onthea™e„d.„ents „.ade ,,, t.,e Sena , to Ml ml, uled .■ •■ An Act to authorize and con fin, thi scheme of ar,.a„geme.,t of the Canada Southern Zway Company,., and the same were read a second time ^ And the Question being proposed, Th.at the Hous, ,Iotb agree w.th the Senate in the said amendments ■ -greed to but that the second of the said amendments be uCtt'T"'!:' "n" "■" """" ■' ■" •'- ■""■ '^™^i- «..d B,ll the foliowng words : " The Town ot Saint Tho- n.as.n the county of Elgin, i„ the P..vinca of OntaX Mr. Speaker ruled • " Thnt th;^ ™„4.- amendment cannot be put'inafZcht^ft I -30 — not conaeq^uent upon the ameudements under ■consideration." Journals, House of CominoiK, Vol. 12. Page 149. April 24, 1878. HoxoKAiiLE TiMOTur Warrks Anglin, Speaker. The 54th Clause of the British North America Act, 1867, merely relates to appropriations, and •does not bear on the question of the imposition of taxes. Tiie House, according to Order, aj^iiin resolved itself into a Committee on tlie BUI to amend the Law relating to (jtanips on Prtimissory Notes and Bills of K.-:change, and after sonie cime spent therein, Mr. Speaker resumed the Chair, and Mr. Wood reported, that the Committee had gone through the Bill, and made amendments thereunto. Oriltnd, That the Bill, as amended, he now taken into consideration. The amendments made to the Bill were then twice read. And the Question being proposed. That the amendments be now agreed to j Objection taken to further progress with this Bill on the ground that it imposed a tax and therefore could only be introduced by the Government, and with the reconimenda- Jtion of the (Governor General. Mb. Speaker ruled as follows : — 31 — " The .vhole nuestion occurs to me at the present moment in this light. In the firet nlare f may Bay that the 54th C?a„se of the BritSi North America Act, lh(!7,has no bearing what- ever in my opinion, on the case. It relates merely to appropriations. Honorable Members m reading it over rather cursorily are led into a mistake, owing to the peculiar reading of it " r1„i ?■ '^o'»'??ns to adopt or pass any Vote, Resolution, Address or Bill for the appro- ,_ priation of any part of the Public Kevinue or of any tax or impost, to any puroose that ; has not been first rejommende'd to tC Ho se bi Message of the Governor General, in the •• Ad,W '" i^\^'^^ ''"'^ V°t«' Resolution! Address, or Bill is proposed." Jl^y^ ^'""1^ does not bear on the Question rP.nfM'"''""*'""- "^ ^''^^ ^t all ; it m.nely reiates to appropriations. The general law of Parliament however is very clear that when ever It is proposed to in-pose a new taV tliU. should only be. done by the mode n which 8S h H,u '•' ''""l/hall l^e introduced. The 88th Kale IS as follows: "If any motion be niade in the House for any public aid or ".^^d'^rfirPfM*'' l^P'^' the consideration and debate thereof may not be presently entered upon, but shall be adjourned till such further day as the House shall think fit to appoint ; and then it shall be refeiTed to a Committee of the whole House, before any — 32 — " Under this Rule it is clearly necessary that any measure purporting to impose a bunfen on the people, should be introduceil in the first place by Resolution of the Committee of the whole House. On that point there can be no doubt whatever. Now the only Questiou that arises is whether this Bill, if passed, would or would not impose an additional burden or tax on the people. This que.stion was raised soon after the Bill was introduced, possibly on the second reading, and then the Honorable Mover stated distinctly to the House that it would not impose any additional burden ; that it required no additional stamps to be attached to any instrument whatever ; and that he introduced it merely tor the purpose of remo- ving doubts which had arisen in some of the Courts as to the value to be attached to the re-stamping of Foreing Bills of Exchange accepted in this country. He stated— and no body seemed to contradict him, and none of the lawyers in the House did so— that it has been the practice, and this was again stated this evening, when parties in this country received Foreign Bills of Exchange which had not the required stamps attached in the first instance, to put on double stamps ; that suits nave arisan on Notes and Bills so stamped, and that some doubt existed in the Court as to whether this putting on of the double stamp did or did not give validity to the Note. Jf that were so, this would be merely an explanatory Act which does not create any new burden but simply defines what the law is. It occurs to me that the matter stands in this way : if — 33 — the Bill now Iipfm-P Hiu ii certain sta..,|,rshou|, ,!. """"T ir*''"'^^l that Bills of K- ,'l lUe^M i f i'"'"'''e'l to Foreign unless in the H ""„,/,. """■''''• "'"' "'"t f «mps were aS,i',,.''^-, ;,'';;:';, '•r,' '''•"••'« less, then I think th',, f , i "''' ''" ™'"e- the penalty is cleaHv , , '"" ■- '" '''« !"''««"t, Bill of Kxchan^e;^,^, !'';«'•: Vjf- \' '' ^'-eif?" innocent holder not It-^n .1 I" V""' "f "" ciently stamped it k ^l, T "* " ' "^'^ ''""Ifi- if the .loubT that •;""', S.i''''r^ »"'' founded as to tHe "..ht'to nl rf, ^''l "'^'l on, then he cannot m/ii;?,.' /'""'i''^ "'anips ble ; and it ;^n c';^n^V't';' h7''"^ 'T'^ he a tax or bunkni th t i/ ''' "" "'"'"al which the law dec r,,H '"^'•'' "'^''"' ''"'t have a fair valn-f |.. -''' "' l''."'-"-'-^ ■ worthless to question is one i-ather fa,''?!" "''r'''*'""' T'>e a Speaker of 1 1 ' H,,'' '",/''' "' ^^'''''t th.m for mine. This is ur,cZ 1m "''""'•' *" '^^t"- r«g'-etted that his Bill y. m*;?'- '""'^'' '" *^^ instance introduced l,v»„\""- '" ""^ first then been co ufid o hI "'"^"■' "'"' '^ ' ''ad have advised it I ff.li''' «"l'Ject, [ would I cannot ^ereeiVethHlif" T'^'n'-,','""' ^''*"''«. would im,!ose a],y I ■, en on an^-" T'^V' only persons who wo il 1 n , thl'' i 'l'"^^'- ^''» persons releived by afflvi I "f^ /'"'•^' '"'^ '^e Bill, and who wo id thnl!^" ■ *","'"* *" "'e the face vaiuertl:!,tu!;:en?:^l;';;;it^::,;;;:!;^ Journals, Hou,e of C„™„,„„,, y„,. ,. p„^,, 3„„.,„,_ — u — January 31. 1881. HoKORABLR Joiixpn GoDKRic BuNciiKT, Spmktr. The bill respecting the Canadian Pacific ■Railway niled to be in order, and the pjoce- dure on said Bill to have been regular and according to the Rules of the House. The Order of the Day beinj( read, for the second reading of the Bill re«pectini! the Canadiiin Pacific Railway ; Sir Ciiaklf.» Tuppkk moved, sptonded by 8ir John A. JIacdosai.d, and the Question being proposed, That tlie Bill be no" te»d a second time ; The f- .!. of Order being raised by the Honorable Member for Gloucester, That the Bill .ontained certain provisionH for aid in land and works entirely l)eyond the •cope of the two Keeolutions adopted by the House, and that it was consequently necessary to witdraw the Bill, and introduje it in regular form ; Mk. Speaker decided as follows : The point raised by the Honorable Member for Uloucester is to the effect, that the Bill goes beyond' the Resolutions adopted in Com- mittee of the Whole, and on which the Bill is founded. He quotes tht 54th Section of the British North America Act, 1867, which is as follows : — " The House shall not adopt or pass any " Vote, Re»olution,Address,or Bill for the appro- " priation of any part of the Public Revenue, '• or of any Tax or Impost, to any purpose that — 85 — nfth^'k''**" first recommeurled l,ya Messaae of the Governor m Council, etc." '"™'»«8 KT^und "fti- ?h„" h""" ''•" P''°P*"''y ™''*eJ on this ?^?~;f "® ^""'*'' '« ""are that the whole form Nn"'-* ''?'"" '^'"^ " M^x^age irdul Stir-Rnfc 'tirfc"j;r ''''^ '»'"'• '^ ^_ consideration and Debate thereof may mt b^ presently entered upon, but shalf be «-d jonrned till such further dav as thp i! " Sed to' "'r^ "T"" -' thentshte " inv i?!li".* Committee of the Whole before " thereon." ""°" "'' ^°"-' "^ "'« """^« do pas' ated according to the terms of the CoE7 ., transmitted by His Excellency by hifMesl " The Resolutions and Contract clearlv .,,. together, and I think it was so fully under^L^d by the House, because the whole subiectw«^ U^T't "* «'^«^* l^"*?"* for severirTeeks b? Honorable gentlemen on both sides and th« Honorable Member for aioucester' hf^'e^f I — S6 — moved nn nmendraeut Ijeyoml the Resolutions. If the two Kesolutionn had iiloiie lieeii \mt(in' the HoiiHC, it would not have been in the power of nny MeinlHM' to move nn amendment to any article of the I'ontnict, lint he would have been eontined to the Ue-iolntituw in question. Th& Rule which prevents any public aid or money beinn votorl, or any impost being put on the people, unless it originates in L'oninnttee of the vVhole. is a wise one. it is iuteuted to provout surprise and give the fullest scojie to the free- dom of the Debate on matters of such imiwrt- ance to the people, but in the present case I am of opinion tluit sut h conditions have been fully observed, and that both the spirit and letter of the 54111 clause of the I'niou Act, and the ssth Uule of the House, have been carried out." Journals, House oi! Coinmoni, Vol. l.'t, Vngea 153 I,'i4. May 6, 1882. HoNOHAULE JosKPii GoDERio Bi.ANCiiET, Speaker. Mere clerical alterations only are allowed co- be made to a Bill when it has been once regu- larly introduced and before the motion for second reading. The Order of the Day being read, for the second reading of the Bill to re adjust the Representation in the House of Commons, and for other purposes ; settle .such ^u..tioLttlVu^^ VTXlT. beinK taken. But thH ule Xolu r •■} «nch a praotice .sl.oul.l not be po. n ", *' l7^ «I.^o equally established that vvhe.i !i Hi l -^ once m po«se,s..ion of the IlouV l"" ,"i ':;■* property, an.l rannot be n ateri^ W J I ,' except by the House itJif "',''™" .^ • """■■«'• poini ha.s lK,en raS ft i, bit To 'fnT" **'?'^ settled p^ctice of th^ KuKlish H.te° 'f"co^ mons, and not to permit heieafter?n.. fi, """ except mere cleric^al altLatio h. a 'ui fS' It has been once resfularly introd icp,I r fi " fore, deci.ie that the ooinf , f n?i ': """'<'■ taken, and tlu.t"t^.e pr^^e 'o^ ...^^'t/Jl/^f' •.■ircunistanccs. is to lischarKe he' n W ''^ ...utroduee the I3i,l on the Mou^^^.^;! Jour„al8, House of Cooimo,,,, Vol. U. I'„ge. 4o,,.40o. — 38 — March 14, 1883. HosorABLE Gt-oiioFS A. KiBKPATBicK, Spea' er. A sub-aniendmeut respecting a Private Bill ruled out of Order, no notice having been given. The OrJer of the D.iy Mng read, for the third reading of the Bill .espectinii the Credit Foncier Franco Cnnadien ; Mr. Des.iardis» moved, seconded by Mr. Royal, an U.e Question being proposed, That the Bill be now read the third time ; Mr. Ajoer raovod, in amendment, second°d by Mr. B0BRAS8A, That all the words after " Ik" to the end of the Question, be left out, and the words " read the third tune this day six months," inserted instead thereof ; Mr. Houde moved, in amendment to the said proposed amendment, seconded by Mr. Casgraix, That all the words " read the third time this day six months " be left out, and the words re-committed to a Committee of the Whole House for the purpose of amending the same by leaving out the words " eight per cent " in Clauss 3, and inserting the words " seven per cent " instead thereof.' Objection tikeo fo the amendment to the said proposed amendment on the ground that the M over had pven no Notice in accordance with Rule 67. Mr Speaker decided : " that the objection was well taken, and that it was only competent for the Honorable Member for Centre Wel- lington to make a similar Motion, since he had given notice of the same." Journals. HouM of Commons, Vol. 17, Pages 117-118. ■39- Miiroli 30, 1S»3, HOXORAOLE Geohoks A. KrBKPAT»lCK, Speaker. tin \-n ""' c°'''Petent for a Committee to Kill a B,l a member having always the ri; ht to move that ,t be placed o,. the Orders of che Uay for further consideration on a future di-v "i. JNo notice is required for ^uch raotion.s, " Mb. Cameros (Huron) raoved, seconded by II., M.vc- Keszie, and the Question ..eing proposed, Tl.at tl.is House oolr f r. "^ T"'- '•-«'''■« i""lf i"'" " Committee to oo««de.. urther cf the Bill to provide that persons charged w.th ,„,sde„ea„oar shall he con,pete„t as witnesses, with whuA are consolidated the Bill to amend „n Act respecting procedure m criminal case, and other matters relating to Cnm,„„, w, the Bill to amend the Law „f Kvide„« i„ cruninal oases, ana the Bill u> amend the Criminal Law evil rr™ " * ■"r'''™'™™" »<> '^ve unguarded and e^^ '""'" ■="' ■" "" '«' <■" ™y --"iS^ble or frequented Objection t«ken to thi. procedure in the .we of a Bill not rep<,rted from a Con.niittee of the Whole House, and to the Motion l>eing made without notice ; m. Speaker ruled : "that it was not com De- tent for a Committee to kill a Bill, and Kn me Day, a,s in the present case, t was the mr. rect practice for a Member to mm'^ that it be placed on the Orders of the Day for a further consideration on a future day. If the House — 40 — asneeA to this motion, then the Coniraittee should take up the Bill -.tt the stage at which it stood when the Committee rose. In case of such motions, no notice was necessary under Rule 31. and in accordance with the usage of the English Parliament." Journals, House of Commons, Vol. 17. Page 159. r March 14, 1884. HoxoK.tBLE Geckoes A. Kikki-atbick, Speaker. No notice is required for Motions respecting Public or Private Bills after their introduction. Mr. IlAdGART moved, seconded by Mb. Taylor, and tbe Question being proposed. That the name of M. HA.K.ARTbe sulwtituted for that of the Honorable Mb. Abbott, as the promoter of the Bill to confirm the lease of the Ontmo and Quebec Railway to the Canadian Pacilic Railway Company, and for other purposes. Objection taken to the motion, on the ground that no notice bad been given. Mk Speakek said : " that no notice was necest'ary under rule 31, in the case of Motions respecting Public or Private Bills after their introduction ; and, in his opinion, the Motion in question came within tlio terms of the llule. Journals, House of Couimons, Vol 18. Page 238. April 17, 1884. HoKOBAKLE Of.oboes A. K.BKPATmcK, Speaker. An amendment ruled out of Order, it being 3D o„trad.ct,o„ with a previous decision of thf House during tlie same session. aJ!d Tr" "*"'5. "--""' P'<'P''-J. Tlut the Bill to third tine;'"" ^"""^ ^°'' '*'^' *■" "^ -""the Mn.M,,.LEK moved, in amendment, «,oo„de,< by Mr. Va,l That all the word, after ■■ now " to the end of the Question, be lefi out. and the words. " recommited to . Committee of .he Whole House, with power to „ ,e"d the Z: '^P^j'f^ *'•" '■—-'. « the decisi„rin te pZ- ■'] y.-: ''--«»'''-'•<" the jurisdiction of the W„ , ^'""'^ '*:- -- "'" -bj-t of the issue of Act of 1883 be repealed " inserted instead thereof. Ob ection taken to t:,e proposed amendment, on the uecision If tlie House were uovv t(i ii.rree to consider the proposed Amend ..nt." " Journals, House of Commons, Vol, IS. Page 402. — 42- JuiielS, 1887. If ' HoxoRABtB J. A. OuiMET, Speaker. Motiuii ruled out of Order, it being an infringement of Etule 22, the first part of which reads as follows : — " Bills reported after second reading from " any standing or select Committee, shall be placed on the orders of the day following the " reception of the report, for reference to a " committee of the whole House, in their " proper order next after' bills reported from " committees of the whole House." Mh. Beysos moved, seconded by Mb. McDoUOALL (Pic tou), mid the Question beinfj proposud, Tliat the Bill to amend the Act respecting the Pontijo Pacific Junction Railway Company lie placed amon<{ the Private Bills on the Order of this Day, for consideration in Committee of the Whole, in accoidence with rerommandntion of the Select SUnding Committee on Railways, Canals and Tele- graph Lines, Objection taken to the Motion, on the ground that it was an infringement of Rule 22. Mr. Speaker sustained the objection. Journals, House of Commons, Vol. 21, page 289. — 43 — April 20, 1888. Honorable J. A. Ouimrt, Speaker. haS:xri;er "-* "' °'-"^'' - -«- The Question being agai,, proposed, TImt the Rill , ^.e butthatit W„„,„„itted to a Co„„„Hi""„;' f, fc;«*?^u "'"'""'^^ "Thi- Act shall not g„ rto force until the first day of May, 1890 " Journal,, House of Commons, Vol 3 , page .,06. February 22, 1889. HoKORiBlE J. A. OUWKT, Speaker. Amendment ruled out of Order, no notice having been given. Co^! """""'•""' ^"«''» «-'-y •■■<• Coa? 1 1 ' ii — 44 — Mb. Siiaxly moved, lecooded by Mb. Rykkrt, Mid tlio Queation being propoied, Th»t Uie Bill be now read the third time. AIh. Watson moved in aiuenduietit, seconded l»y Ma. Trow, That all the words after " now " to the end of the Question, be left out, and the words '* re-coniniitted to a Committee of the Whole Hou» , in order to insert a clause providing that the niaxiaium rate an coal over the Com- pany's lines shall not exceijd one cent per ton per mile," inserted instead thereof. Objection taken to the proposed amendment, on the ground that one day's notice thereof had not been Riven, in accordance with Uulo 67. t Mr. Speakkr decided : "That the objection •was wpU taken, and that the motion could not be put." Journals, House of Commons, Vol. 23, page 87. February 27, 1889. HoxoRAiiLK J. A. OuiMET, Speaker. A llill to authorize the assessment of the salaries or incomes of certain persons, ruled out of Order, because it did not emanate from the (iovernment, and had not originated in Committee of the Whole. Mr. Ellis moved, seconded by Mr. McMdlles, and the Question being proposed, Tliat the Bill to authorize the assessment of tlie salaries or incomes of persons in the ser- vice of Canada, be now read a second time. — 43 — touIf'Biir "h" ■'•" "" "™"™''''' ^""''" '- Lincoln burden „„ ,h, people or ,,ny olas. thereof, ,houl I oriRi„!te m tom,„,tteeot the Whole, and ™uld only constitutionally emanate from the (Government. ' Mr. Speakeb decided : " That the objections we^e well taken, and the Bill coul.I not proceed Journals, House of Commons, Vol. 33. Page i 10. July ", 1893. HoxoBABLK Petek White, Speaker. Bill ruled out because it di.sposed of the of"Scr"" ^^'^'""^ ''' recon^n^endation Mr.BoWKLLmove,!, seconded by .Mr. Fosteh, and the thM time "'''^' '^''" "■" ""' ** ""* '™'' "•« Earle, That all the w„„ls after " „„,v " to the end o* the qnesfonbe eft out, and the wo„i, " re^m.nitted to a .nrrlT,"'"'TI-""'""""'' '"' "■" I"--!-- of insert mg the following additional section : "3 Section 13 of U,e said .\ct is hereby repealed and the following enacted in lieu thereof, "All duTies, pecu- mary penalties and other sou™, of revenue under this Act shall be paid into the Consolidated Revenue Fund of Cam«ia, in trust for the benefit of the Province wherein the same were collected, and shall, at the end of every &«1 year, after deducting the cost of administmUon Z — 46 — pud over to the Tiwwiiwi of wd Provineci'* inwrted ina- tead thereof. Mr. SpBAKXR ruled : " that the proposed amendment conld not be put, because it dis- posed of the i^ublic revenues without the recommendation of the Crown, as required by The British North America Act of 1867." Journals. House of CommunH, Vol. 36. Page 482. July 9, 1894. ii< Honorable Frter Whitk, Speaker, Motion to place two Bills on the Orders of the Day ruled out because it proposed to chaoge the Rules of Procedure without notice. Mr. Ti9DALK moved, seconded by Mr. Taylor, and the Question being proposed. That the Bill to incorporate the Oleieben, Beaver L'ke and Victoria Railway Company, and the Bill to again revive and further amend the Act to incorporate the Brockville and New-York Bridge Company, be placed on the Orders of the Day, immediately after Koutine Proceedings for consideration in Committee of the Whole, in accordance with the recommendation contained in the Seventeenth Report of the Select Standing Committee on Railways, Canals and Telegraph Lines. Attention having been called to the fact, that the Motion proposed to change the Rules of Procedure without Notice ; — 47 — Mr. Spsakir decided : " It was out of order and could not be put." • Jonnula, Houw of Commoiu, Vol. 28. Page 4U. June 12, 189S. HoHOBABui Peter Whitb, Speaker. Bill ruled out because, involvinir a public expenditure, it had not been recommended by the Crown, nor initiate^! by a Resolution in Committee of the Whole. J^' ^""rj* "" ''"■^ ^"« ""«'• '"■• """-"".gthe «djourned d«bate on the Question whioh wa^ on Wedne,- riT^' ^ ■fT^'""' P^P"^' Th't the Bill further to amend the Civil Service Superannuation Act, be now read a second time. ■ n J^L^''^*!?" '■"'^'^ '■ " that the question could «vL„Vf"' *''^'*r • ^\*^^ fi'" involved a public expenditure and could only be initiateS by a Resolution in Committee of the Whole with the recommendation of the Crown. Jounala, House of Commons, Vol. 29. Page 147 '^1 March 26, lt*96 Honorable Peter White, Speaker. Dill imposing a charge on the revenue ruled out, because it had not been recommended by the Crown, and had not originated in Committee of the Whole. The Onler of the Day bein-; reail, for the necund read- ing t>f the Hill in further ninemhneiit (if the Cuiitoms TariU; IH'Jl. ^fi'. McXIuLLEN moved, Keii>nde*l by Mr. Martis, and the QiieMiion being proposed, That the Bill )je now read a second time. Questiim raised, That the Hill impf druwljack to Ix; paid under the Tariff and shouM ori;;inate in Committee of the Whole with the reconmieiidatiun of the Crown. Mr. Speaker decided : "that the vioint was well taken, and that the Bill conld not proceed." Journals, House of ConunonK, Vol.30. Page !56, March 10 and 11, 1898. Honorable Sir .Tames David Edoar, Speaker. Sub-amendment ruled out on the ground that directing a spf flc expenditure of money it should be initiated by the Government accord- ing to the British Worth America Act and the Rules of the House. — 49 — Tl,e Order rf the Day .->„„ rtwl, for n,„,.,i„K ,1,. 10th Fohruarj- k,t, pn,,„„e,l, Thut the Hill ,„ c„Hr„, a,', and Donald D. Mann, and t„ i,„„r,«,ra„. ,1,.. Ca„,„liu„ .ft;'r""ThrT' .7'"""';'""' ""■'■"""' ■'■'"" "" ••» -"■''- •fter That „ th.. ,.„.! of the (Vu..„i„„ .». |,.ft „„, „,„, the wonis .. th , Hou„. ,,.,,,,„i,.,-,« ,1,.. „„.,..,i,v „f , " " dnga.le„„a.e facilities f,,,- t,u„,,,.„.t„,io„ into'the Ca ' du... Y„ on«o.d H..M. ,.«,.,,,, L in,.efe,.,il,,., t^ : ,„r;r'; '""" •" "" '■"^"' '■•"■'■-• "•« -i' — 'w y -«p,«. . the «rant of ,„|«t,„,ti„| „„i„„„ce i„ „i,, „f the .n.n.«l,«teeon,truotio„ of « railway o„ ,1„. ,„„ „,,„.,;, ^, route under ,„eh eondition, a„.l ,afe«„a,.,l, a, will „ ::^:r:h:::^r™'"---^"- -.•'.•■ ^-:i ^.dthe,,ae,tion o.. the a,,,. ..,., I..i„« „,,,,, „,„ Mr. Mor.v,.. ,„.,ved, i„ a,„endu.eut to the ,aid a.nend- ^tio„faeiiitie..ith.he,e.sn!:r,:;;";^':;:':;; Canad,a„ route, to the n,i„in« di,t„.ts of the Yukon "That the recent action of the Uniterl State, Senai- plaed,nthewayof traHc l.y the proposed Stikine route und ju,t,fie, the re-consideration of the p.-e»ent on "2 w.th a ™. to ,ec„rin, a deep water tern^u, i„ cr:;:: — M — " Th«t the route tU OI»ien-»t«ry Inlet siul Tralin lake i» the only all CsnailUu route (re« fnim the |iuwiibUity ol intenulional coraplicatinnn, immedUtely available, ur sui- table fur railway conatru 'tion at a cumparatively muderate Coi*t. "Therefore, be it nMolveil, that the ((overninent hIhiuM call for tenders, at the e iilient date coimistent with public conipetitiiin, for the construction of a narrow g«U({e railway from Observatory Inlet Ui Teslin liBke, on either of the following; plans ; ** 1. As a Govennnent work. " 2. On the basis of a cash suhaiily to a comisiny cons- tructing the railway and opening it under itringent gov- ernment control. " Providwl, thiit, in either case, the portion fnim Stikine river to Teslin Lake shall be completed by l»t Octolwr, 1H9K, and the whole railway by 1st September 1H(I9, and that the Government be authorized to enter into a . .nliiict for the omatruction of such railway with the party sub- mitting the lowest tender, accompanied by satisfactory securities for the completion of the work, on either of the above plans," inserted insteatl thereof. Objection taken against the sulmmendmeut. Mr. Speaker ruled the amendment to the proposed amendment out of order on the gronnd : "that it directed a specific expenditure of money which should be initiated by the Government under the constitutional checks required by Section .W of the Briti>li North .\merica Act, and Rules of the House relating to grants of money." Journals, House of Commons, Vol. .13. Page i i. DKCI8IOX8 QUESTIONS OF ORDER INCOMJUTTEKOFTHKWHOLE. mittee of Supply, t<, certaii, f„ 7 ■ ■ ! ^^"' '" ^'«' gentle„,.„ having c.lle,i up.,„ v" ^ "' ""■'■"'" — 52 — Rules the Chairman should himself decide points of Order in Committee." The Committee was then resumed and the Chairmiin decided, "that the Honorable Mem- ber for Lunenburg was in Order." Journals, House of Commons, Vol. i. Pages U2-U3. April 30 and May 1, tSS.'S. HosoKABLE Georges A. Kir» Patrick, Sppnkcr. Decision of the chairman of a Committee of the Whole appealed from and maintained by the House, said decision being " that certain remarks made by a member, during a debate, were out of Order, because they were not relevant to the Ques?cion." The House, accordinj,' to Order, again resolved itself into a Committee on tlie Bill respecting the Electoral Franchise. Whilst paragraph 3 of section 3, defining the word " person " was under consideration of the Committee, a motion was made, that the Conimitte do rise and report progiTss. E.\ception was then taken tu certain remarks of the Honorable Member for North Wellington, on the ground, that he was not addressing himself to the Question actually before the Committee, but was referring, in an irregular manner, to the NorthWest troubles and Mr. Tass^ Acting Chairman, ruled that the Honorable Member was out of Order. — S3 — The acting chairman finally decided ■ in Committee, witrrefereni tn f h°"'''T "'''^'^ of the romarka /.f tVT u , , *°® relevancy Nor?h Wellfngton.*''" "°°°™"^ ^'""^'^ ^ol Acti"^ct*^°''"r '^'"S P"'' Th"* the decUion „f the Yeas 76 „ Tiays 46 So the deeWon of the Acting Chairman was confirmed. Journals, House of Common^ Vol.19. Pages 35M5o. — 94 — I i If May 18, 1885 HOXOKABIE GeOBOU A. KiRKPATBICK, S|)liaker. Decision of the chairman of a Committee of the Whole appealed from and maintained by the House, said decision being " that it was out of Order to discuss at length the financial posi- tion of the country while the Committee was considering a Bill respecting the Electoral Franchise." The House, according to Ordqr, again resolved itseif into a Committee on tiie Bill respecting the Electoral Franchise, and after some time spent thtrein, Mr. Speaker resumed the Chair, and Mr. Daly reported, That the Honorable Member for South Huron, having in the course of his remarks on Clause 3, and the amendments thereto, proposed by Mr. Charlton and Mr. Casey, discussed at length the financial position of the Country as pertinent to the subject under consideration, a Question of Order arose thereon. Whereupon he (Mr. Daly) ruled that reference to the expenditures of the Country except as a subsidiary question, could not be allowed, and that a full and elaborate statement of the financial condition of the Country was out of order. From this decision an appeal has been uiade to the House. And the question being put, That the decision of the Chairman of Committee he sustained the House divided and the names being called for, they were tak>!n down af follows : Yea» 67 Nays 41. — 5i_ So the decision of the Chair,,,,.,, „f Cou,m:t.ee. ,.„ finned. Jcumal,, House of Coranions. Vol. 19. Pages 38fi, 387. June 7, 1899. Ho.vo«ABtE S,B Jj^MES D.w.D E»r,«, Speake,- The House, aceo.-din,r t„ Order, resolved itsrff .„, C'.mmittee on th Bill t„ <•„-«.„. "^ '*'^" '"'" » for Pietou ..uoted fro. the speech of thl IS ^r "/it," ways, „,ade on the 1st of .Tune, where he .-eferr d 7, "fo " mat,on given to hi,n i,y one of the officer, „fh V ment, and aske.1 the ruling „f the PhT^^ l' ^^'^^ tion .f the Honorable the'.l'ist fo tawXVd """'"'" containing this infonnation. " '^°'"""^'" The Chaiiiman niled ■ '"ri.ut n Order should have bPP,,Ato, 1*''^ P?'"' of was made eo the dooum m^i^";,"''^"- ':eference is too late novv to decla 4 hkt thp t?"-";'^'"' '* outoforderwhe„hetl^.K'{«hie'S^r„t m -U-l f to force him to — B6 — and that he had no authority produce it." SiK Charles Hidbeht Tupfek thereupon appealed from the decision of the Chairman under llule 76. Mr. Speakrk resumed the Chair, and report wan made from the Committee by Mr. Flint, as acting Chairman of the Committee, that an appeal had been made (nnn the decision of the Chairman ot the Cuminittec. And the Question being ; >•:, That the decision of the Chairman be confirmed, the House divided, and the names being called for, they were taken down, as follows ; Yeas 63 ' Nays 20. So it was resolved in the Affirmative. Journals, House of Commons. Vol. 34, Pages 238, 239. i -i June 21, 1899, LoDia Philippe Brodeur, "^^sq.. Deputy Speaker. The expression " impertinence " applied to a Member of the House is unparliamentary. White the 4th Resoluoion of the Supplemen- tary Estimates, That a sum not exceeding twenty-five thousand dollars be granted to Her Majesty, for Public Works- Yukon and Lewes Rivers-Improvements, &c.,and Telegraph Lines, for the year ending 30th June, 1899, was being considered. — 57 — Mr. Deputy Speaker resumed the Chair; and the Acting Chairman reported. That when the House was m Com mittee of Supply • Ihe Honorable Member for the VVe«t Bi.lint; Minkt^rn? ^"^ York applied to the Honorabll Minister of finance tlie expression "imperti- nence which he ruled unparlia.nentarv • and under'LK ""' """" "■""' '"^ '^'"''''"'' And the Question being put, Tliat the decision of the Acting Chiiirnmn l,e confirmed ; the House divided ,ind the names being called for, they were taken down as follows ■ Yeas 39 X,.ys 10. So it was resolved in the affirmative. The decision of the Acting Chairman was confirmed. Journals, House o Commons. Vol. 34, Page 290. May 15, 1873. HosoRABtE jAMna CocKBOBS, Speaker. It is not in Order for a Member to read before ine House documentary evidence and letters relating to a charge referred on a previous occasion to a Select Committee for investiga- Ihe Honorable Mr. Hustisgtov moved, seconded by Mr.FccBmKB, That Mr. Huntington, n.ember for the Electoral D..tr.ot of Shefford having sUted in his place, that he ., credibly informed and believes, that original — B8 — documenta o( the grmteat importHiice in tho iiivutigation of the oharjet referretl to the Select Ciimmittoe named to inquired into the PiiciHc Uailway negotiations, are held by a Trustee whose name ne is prepared to disclose to the Com- mittee, on such conditions and under such oircumstanew that them is very gieat danger that they may be placed beyond the reacd of the Committee before the 3nd day of July next, tho day to which the Comrniltee stands adjourne I :— It is Ordered that the Committee do assembin To morrow at U A. iM., and do forthwith summon said Trustee to appear and produce before them on an early day, not later than Monday next, all documents in his possession relating to the said inquiry, or that miy have been [laced in his hands by any of the parties mentioned in Mr. Huntington's statement, submitted to the House on tlie 2nd d\y of April last ; In the course of the observations of the Honorable mover, he was about to read to the House certain letters and documents : Thereupon the Right Honorable Sir John A. Mac- Donald raised ii question of Order, that it was not com- petent for the Honorable Member for the Electoral Dis- trict of Sliefford to read any documentary evidence or letters, us they coold only be properly submitted to the Select Committee to whom the -.vhole cj , '"'"""""<'"*, t tu •'■"■""""'. ""at all tiio woid» after "That" totheendofth„,Jue«i„„, be left out and the „„rd» in "v.e. of the fact that another o«ln. for the construction : work.ng of the t;an,dian P,.c,Nc Railway !,„» b™„ Z't "> """'""""-■•• -'". order that'the Oo,e7„. ment n,ay ay the «id cr,r cu the Table, tl, D^.,, t, adjou.neECISIOx\S OM QUESTIONS OF ORDER RESPEITIKU-MOTIOSS". ^'"y 11, i8ca HOXOKABIE JXMKH Co< KBB1..V, Spe„ker. The Housb can reconsider its provinn. ,1. • sion during the session, upon QueZ " -.fr ting Its don.estic econo.ny which T f^T under its daily -npervision ■'''°'"'' ^« Mr. .V.tcxBsziB moved, .eoonded U M,. B„„ .m,ex«l to the Thirteenth Repo,; „f .uj x !"^K"P»« .. of both Hou«e. on IMnting ,1 it", .^"' *^°»"» «« for that „, 8300, «te.ch:f't:te S„ .T"' *-"" »100 of thi» amount bei„"tl,.tl.„,? "" ^'''^' tbe Con.»Utee on Cont^Ulr:^:."^"'' ° — 64 — And rxcpplion beino taken by Mr. Tlionui Seatclitrd, tbnt tb« Mid Ilfport cIuIho with the Third livport of the Btjindiiiff ronimitttm on Contiiigencipi, adopted by thij* Houiie on MonfUy the 20th April UHt. Mr. SpKAKER decided as follows : " Though the Report clashes to a slight extent with the Ueport ot the Committeon Continjifeiicies, which ha.s been adopted by the House, in respect of the Salary of the Clerk of the Committee, yet 1 think the motion is in order, for the reason that questions affecting the domestic economy of the House should be under its daily supervfeion : and I think the House is not precluded in this instance from reconsidering its previous decision". JourmtlH, Houw of Coinnioni, Vol. l.Piv^e31*J, i ! m Jniie 10, 1S69. 1I0N0KAIII.E Jamks CocKiitinx, Speaker. 1. It is not in order to propose an amendment altering the manner in which is to be applied the expenditure of n;oney recommended by Message fnim the liepresentative of the Crown. 2. An amendment to the same effect as another amendment already dispo^^ed of by the House is not in order. ■' '. '*t wlfrMllirritf, ^^■•r.i.., -hat »!' i,„ ftir Qu.Mti.ii 1... I,., -J 'oluci .1.. i, r. cc.i.,,.itt, >u«f M ill. iii'itrnpfjoin '''««• '■.'•,.■„„,<. £„,,., — 64 — «r!r ?'!f°",'*'"8''«-'»P">po«nd «tl, Rewlutioni" Notice l>ei„g Ukm, that the »;d ,,„, , „ , ,] i.oot of order, i„„m„<,,, ^ ■„ ,|,,^\|^, .n,„„.,l„„„t1 the amount recommended bv Hi. E-cell.novv" v'" *""''' »» be applied. -"Ilency . J(e««ge i, Mr. Spkakkr decided : menrif„t'i*'orortr''"*'' *'"""" '" '"»«»■««> ved. tli«n„ f k. •• ."'"'»»» Uie words "it be ^>di.t„;bt'fi ::r:r "'""""^^ by tl.o British 011 ^'""'"™°' C«9«'» « settled Without .t the !::: ttr,::;::- : '""i''"™ ^"^ i" dae proportion »ni ? P™"«™ for ir.creo,i„. p^vi^ee^ TCL:is'o::z't """' ^''" "^ "•« allowed by the British K . ' "" '""°""' »' d*''* Province, of y„ebi„ .„. , ' '"'•^'"•'y P-'y™'"" to the in«ead thereof '"™ ™"P«"»ely," i„.erted in«mach JitDntr , ■ """ " « »"' "f order under the 54th Sect^ln of ,^7'.?*™«"' ""'' """f''" '-7, it eo„,d n:tt:„bi.r rr r„r ""- •^"'• Mr Speaker decides as follows • CommiUee° ha^i.:g"^,ter '""^ ^' *"-' 'h« Jiture, the House is in ?■ ^ •'^■?*'" e^^Pen- I cannot agree with thBT'"'^ ^P""'' ^y it. for Sherbro^ke i^reUrd to °'!?™'''^ ^f^^^' which ha« been quot°ed ',° t,^«"smn of mine loth May, on a mof?«n » ^u ' ^^^^'O"' on the report of' Tc^Sm tTee „Vth'/^?^",°" "^^he M..itiaBill,the.erbKc^o%KbSltL'5 ■6S — a Motion, the object of which was unquestiona- bly to increase the pay of the officers of the Force. It was nota mere expression of opinion, such as that now before the House; but it was a step towards passing an Act of Parliament appropriating the public funds. In that impor- tant respect it differs from the Motion now before the House. The Motion of the Honorable member for Brant is a mare as.sertion of an abstract principle. Beyond that, it proposes nothing ; it does not pi-opose to take any step in the direction of Legislation, bnt, on the contrary, as I read the Motion, the effect would be, if passed, to iprfvent concurrence in the Resolutions, and to stop the whole proceedings. — so that the question on this proposed appropriation could not be Jipproa- ched again, this Session, unless a Message came down from the Crown recommenc'.,; such additional expenditure. Therefore, \ think the argument unsound that this amenu ment involves a question of additional public expenditure, and, in my opinion, the Motion is in order". The Third Resolution, being read a second time, and the Question heing proposed, tliat this House doth uoncour with tiie Comuiitte in tlie said Kesolution ; Mr. FoRBBa moved, in Amendment, seconded hy Mb. Carhichael, that all the words after " That " to the end of the Questiou be left out, and the words, " the said Resolution be re-committed to i- Committee of the whole House, with instructions to strike out the words " being " capitalized either in whole or in part as the Governor in " Council may determine, an! the interest on tlie part — «9_ Honorable Pnyy Council, approved by Hi. Kxcellenoy the Oojernor-Goneral in Council the 25th January 1869^ in»erted instead thereof. ^ ' S^lf"" "", "" """"'''"' '''■ »™''"' """the proposes a., appropr.afon other than and i„ e::cess of Mr. Speaker decides : ^^Journals. House of Conm-ons, Vol 2. P,,„. 2X->, 236 Ju.VK 14, 1869. HosoRABiE Jamm Cockbubv, Speakkr. ruS"n,'^^°K*' imi>osition of an import duty ruled out because such proposition should emanate from the Government. by Mr. Ross (P„nce Edward), that i. expedient to impose — 70- H 1 ! ill lit a duty on all Americnn Wheat, Indian Corn, Ryb and alt* other grain imported for consaraption into the Dominion of Canada ; and that such duty shall he equal to twenty- five per cunt on the estimated value of such grain at the Canadidu Port of Entry. Mr. Speaker decides : " That the motion is out of Order, inasmuch as the imposition of such duties should emanate from the Govera- ment." Journals, Uouso of Conmious. Vol. 2 Pttgc 242. March 30, 1870. HoKORABLK James Cockburn, Spraker. 1. An amendment relevant to the main motion, is in order. 2. A motion is not irregular on account o! its vagueness. The Order of the Day being read, for resuniintt the adjourned Debate on the Question .• uich was, on Monday last, proposed, that an humble Address l>e presented to Her Most Gracious Majesty, praying that the will be pleased to cause a measure to be submitted to the Imperial Farlia* ment providing that the Parliament of Canada shall not have power to disturb the financial relatione establishej by the Brititih Norjh America Act (18G7), between Canada and the several Provinces, as altered by the Act respecting Nova Scotia. And the Question being again proposed : — 71 — The HoBomble Mb. Akciiibaid mov«l i„ amendment Mter That to the end of the Qne,tion be left out and Zn ,",'"!^ """'" '^"'"" '" "•" "eci-iono th. . '""J"'. '"'">■'«»: "An Act r„,pecting Nova Hcot,^'' • interted instead thereof. r s a .cot.a. Objection i, taken by M«. Biakb that the motion in .u..nd™e„t i. „„t of Order, ina«n„eh a. it i, not rel Tant to the main motion. Mr. Speakkb decides : "That the ^ni.I ■>..,, posed^^amendment i. relevant to 'th^'lfain Journala, Hou„ of Common.. Vol. 3. Pages 122-124. n.J^."""."!!''.'' ^i"- ^'■''""' ""•"^ "' •™»." to relieve this important industry from 1 ,■ rising influences." It might be argued tlia' 'uis recoinmemlation involves some tax or di y to be imposed, but that result does not follow conclusively ; the measures asked for, are measures of relief, so far as the House is informed. He overruled this ob- jection." I Another objection U taken by the Honorable Sir (iKOROE £. Cartiisii that the subject matter of the Report related to Trade, jinJ should therefore originate ill Committee of th*; Mliole'House, Mk. Speaker suid : — " That a Hill relating to Trade must originate in Committee of the Whole House, but the rule in express terms is confined to Bills only. He thought that the House might adopt a report of this seneral character relating to Trade, which would leave it uncommitted as to specific measures. He overruled this objection also." JouraiiU, House of Commons. Vol. 3. Page 147. SI' . f r in — 75 - April 4 and 5, 1^70. HOXUKABIK Jaum Cocllm.BX, SnxKtH. A iiiotiou cannot be moved to irivc an in- Btrnctmn to a Comminsion not yet fppoinLd Ir or h '^'"°."' -'""»""'■'•'. '- well .- »ore»Uv.nU. butto r"'"°"" """««"■« B«.„harnoi, cS\ purposM of trade, in view >f tin, f.n* ii. . ■. ■ , in.po..ibl,,oe„Urg„it intolsl c 1 ' " """ inM.rr!„„ . '"M>»»lilp Canal, williont again incurnng enormou. expen.,, w,,i,,,, „„j inoludin, the »n^.dy reaoh. a. ought to have been done in the M by Mr «-«v. t«lf ,„,„ . Cou,«itU»lo«.„.id,r n»olM,C_ ~nc>„di„«wUh «... p,„p«i,;.„ „,.„ Add««Z^'r„7 ^^,T, ."" P'*''"' ^""^ *»'"" Act «, .. i ^N rBl^w'lt' t V ""■>-»"»»» «« «•» Province M AgwUmiMwicIc nnd Novu-gcotin ^y«ti«n i. uk«, by th. Honombl. Sir Oeorg. R. rrror/or!!;::;:"- — - "^ ^ Mr. Spkakbr derides as follows :— A.lrfJil'' ■*'°*'°'' proposes " that an humble Her r ^ P'"«^'"«'' to Her Majesty, praying Her to recommend that the British No rt^ debtTfhf*!^ ?"}«nded,so that the Shc oebt of the Dominion be inoi-ftospfl »n3 Ik ^ compensation l,e made to theTmvince o New-J)ruoswiclc and Nova-Scot^a" ' tained TlS°" *^'' J*"""" "^^"n"* be enter- taineu, it being in contravention of the 64th Britis'irNo.^'jf i™'"'"''' \'*' ^°'- *''« Union of Dniisn Worth Amenca. In that nBMinn 11 • K'i'M tiM lU. H„a„ .h.ll L, Sl'Lv "waocofy msounioN tbt c (ANSI ond ISO resTCHAHTNc.; 1.0 m iM I.I M IIIIIU 1.8 1.6 ^ TIPPLED IIVHGE |R }6t3 Eoil Main Slra«l KS ™^«»ter. Naw Vorli 1*809 USi aB (''6) *82 - 0300 - Phof,. &; — 78 — " The contention is that the proposed ap- ropriation being beyond the power of the 'arliament of Canada, this provision of the Statute cannot tlierefore api-ly. " In its litteral construction it does apply to the motion, and certainly it seems to me to the full as necessary in a Constitutional sense, to interpose the check of a Message from His Excellency, under the responsibility of His Ministerial Advisers, before adopting an Address which may be followed by Legislation, imposing a burthen on the people by a Parli- ament and Ministers owing it no responsibility, as in the case of a Bill or Motion for the ap- propriation of money within our direct control. " For these reasons, the Motion, in my opinion, is not in order. " Journals, House of Common^, Vol. 4, Pages 49 and 50 V i — 79 _ Miirch 9 nnci 13, 1871. Honorable Jamks Cockuihx, Spcuker. Sub-ameiKlment ruled o.it because, involvi,,.. a.1 mcreaseof the PublicDebt. such p.-oposi o,! should have ong.uated iu Committee of the Tl,e Hon„™ble Mr. Vamoy ,„ovey the Honorable Mr. BKAUBtES, - that this House will give its n-ost Wab^ consideration to any measure to "be intlrd by the tove,.n„,e„t tor the settlement of the question of the TJZ T "■" ''"" ^"•"""'' "' ''■»■""'»■■"■'' '-^^^ any ..don the part of the Dominion co.nm.nsurat- with the .mporunc- of the obje, ,elf, and with ou- resources due r„«.rd being had to th ghts of the other Prot ^ ^ II I i Jl — 80 — Objection it taken by Mr. Mills, that this Motion in amendment to the proposed amendment is not in order, inasmncli as it involves an appropriation, and asks the House to commit itself to an expenditure of mcney, which cannot be done without a Message from His Excellency. Mr. Speaker decided order ". ' that it is not in Journals, House of Commons. Vol. 4. Piiges 62 and 63. Mr. Speaker made the following si,ateraent to tlie House, at the sitting of March 13, 1871 :— "I observe that it is entered on the .Journal " of iho ninth of March, that upon objection " taken by the Honorable Member for Both- '• well, the motion of the Honorable Member " for Quebec County, was declared out of order " for the reason ' here alleged. T desire to correct " that entry. The Motion was out of order, " in my opinion, not because it proposed an " appropriation of public tnoney within the '' meaning of the 54th section of the British North America Act, and should have been " preceded by Message, but because it involved " an increase to the Public Debt, and should " therefore have been first considered in Com- " mittce of the Whole. " I am aware that it is doubted whether it is a correct rule of Parliamentary practice that every abstract proposition which, if acted on, would increase the Public Bopt of the Country, should l>e first considered in Cora- — 81 _ opinion. This'^^X imve^rf-^ ™",*/?''y binding shouk] 1,^ l-.u '^'""S absolutely the Jots so'thirilip" "^""r* ^l-^ «"■»'• on understood as havini^n'"*?'^?"' ^'"'" "o* ''e Clause of ttteSaflS'lSeV''^'' '■"" Journals, House of Commons Vnl j d voiumons, Vol. 4, Pages 72 and 73. ^83 — March 23, 1871. Honorable Jamf.s Cockbuhm, Speaker. An amendment, substantially to the same eflfectas the original motion, but omitting con- siderable matter of said main motion, is in order. Mr. Blakk moved, seconded by Mb. Holton, and the 'Question l>eing proposed, that this Houne do now resolve /itself into n Committee to censider the following Resolu- ■tions ; 1. " That the sense of the Houses of the respective Legislatures of the Provinces of Canada, Nova Scotia, and I^ew-Brunswick wag taken as to, and formed tlie basis of the Imperial T^egislation under which the said Provinces were federally united into the Dominion of Canada. 2. That it was by ilie British North Americi Act (1867) enanted that it should de lawful for the Queen, by ■and with the advice of the Privy Council, on Addresses irom the Houses of Parliament of Canada, to admit ■Rupert's Land and the North Western Territory, or ■either of them, into the Union by the said Act created, on sucli terms and conditions as the Queen should think fit to approve subject to the provisions of the said Act ; and that the provisions of any such Order in Council should have efTect as if they had been enacted hy the United Kingdom. 3. That Addresses have been passed by both Houses of the r.rliament of Canada touching the admission of the said TfeTitories into the Union, and Canada has paid large — S3_ ¥ t..e Queen W.„r,.d:tU°"''°'' "" '^" "»"• provision for tlie erect o^ T ,""'"'' '">'' '» '".ke into the provin e of 1° > , ^"^ f "■' ""'' '^"■•'■'»"«« of MJZZjilZlt: '"f '"' "- «'»l-l"l.n.e„t 5- That it has he „ Tde ^"""""^ """^ C'""''''- the Canadian Oove ,1^ , "'''"""' '" ""'' "<»»« "»' of the United kCZT '7 "I""'""' ">e Government United Ki,^dom a Bm tu" '"" '^ "'" '"'""'""'•" »' "'<» TerritoHe.or;on,eBa t^ ."* ^ **"' ^""' ^^t^™ proposed to the cit '" ,™^«1"""«<'<'f «ucl, request ha. dU,of leMttst^rert r "h"'' ^ ''"'■ » ment. ""* Canadian Govern- nir^u^tz:: :; ;"" f T '"« ^''""'' "' '-- «d should forn, " 2 f """, "'™''' "^ '*'"■" «' *«. T..« Hono,a:,:"L «;: /rET^"" '''""■•^"'"™-" -;ndn.e„..eo,.ded,„t;:t„l^rT,:rV: all tlie words after " Tl,.t " . .i , i'MEl, that >r'tont,and.,e:oi'r,,:Ht,J'^?;:,r'T^« tion, psKsed the Ar-f t„ ^ . i i- , ' '^""sidera- •84- 4. Tlirtt the tiiipeiial Government have n<^re(fcl to introiluce a Bill to the aforesaid etfect, and dechirins; aUo the power of tlita Parliament to create other Provinces in the vast Territory of the North West, now forming part of the Dominion, and to j;ive them contititutioini on the flame fuuting as to guarantees of permnuence and otlier- wise with the constitutions of the old Provinces. " 5. Thub a draft of the said proposed Act has been com- municated to this House." 6. That the provisions of the said draft Act meet the approval of this House, and are in consonance with the will of this House, as expressed in the most formal manner in the said Act relating to Manitoba," inserted instead thereof. The Honorable Mr, Dorion moved, in amendement to the said proposed amendment, secondeil by Mk. Mills, that all the words rfter *' That " to the end thereof, Iw left out, and the words " irrespective of the merits of the measures proposed by the Government of Canada to be submitted to the Imperial Parliament for the purpose of confirming certain Canadian Lej^islation depriving the Parliament of Canada of certain existing powers, and altering the British North America Act, 1867, this House would be wantini! in its duty if it did not express its decided opinion that no such Imperial Legi-i.ition should be asked for by the Government of Canada, except after the details of such proposed Legislation shall have been submitted to both Houses of the Parliament of Canada for their judgment, and Addresses of such Houses to the Queen, praying for such Legislation, shall have been passed, "^inserted in stead thereof. Objection is taken by Mr. Harrison that the amend- ment is in etfect tht same as the original Motion, and so - S.1 _. At the sitting' of the 27tli Miucli IS7I M,. 1» "•,'. 't-« i» h ™" » jss'j: : snji April 10, 1S71. Honorable James Cckhurx, Speaker. It re-sts with the discretirm of the Hoa.se as to whether notice of a .uotion sho„hl be g en or not, according to the urgency of the matter proposed for con.sideration? Tlie honorablo ,\Ir MrT>ni'r.i, ti n -..«...«. BOWEL, js':::^!^^-^^^-^. ■ 80. that Jill. \\'Ai.TBri KiwH, .Meihbi'r iif tlio Home of Com- moMS, for tliii (Jouiity of Piiiiue.Kilwiinl, lijn irii; stnted in liia pljiCf, thit'i tlifre whorp niliiord, timt Pii-i-rc lie lAii-iiic,£.«q., who on thr TitU day of April instiint was iiidtjiUia-tt, aiul look hisHf.-it ill this H<>iis>> iih .\lriii;,i.i. fo Pi-ovfiii-hcr, in thi! I'mviiifc of Miinituhu, had lioon eonc tl in ihi* rehel- lioii against the authority l>y biw l•^tillllisllt■(l in thu HuiUon's Hay I'orritories, wliii'li was lately ijuelleil by Her -Majesty's Tl'oops, anil iiuireoti'r tint he was direetly itiijilieated in the i.iuriler of one Thoiiwis ^^t-ntt. a Ilritish subjeel, by peisons in arms against the jilitlinrity of the Crown in that Territory, and the said I'iene l)e Lornie, Esi] , having stated in his place, that the said charges were uterly unfounded and untrue. Reiulced : — That a Select Committ'ee be appointed to enquire into the truth of these allegations, and if the charges should Ije sustained, to report the proceedings which ought to be taken in order to relieve this House froji the disgrace and dishonor of receiving amongst its Members any one guitly of such oti'eiices, the said Com- mittee to consit of the Hoiiorahle Messrs. Morris and Dorion, Messrs. Street and JIacUonald, (Glengarry), the Honorable Mr. Cameron, (Peel), and Messrs. Blake and Gilibs. Ubjection is taken by the Honorable Sir Gwrge ] Cartier, that notice of such a motion wag required. Mr. Speaker, after (.'iting " May " on the sub- ject, said : — " That it rested with the discretion of the House as to whether notice of this llotion should be given or not. If the House believed that this was a case of such urgency that it -87 - niuttor of ' :„> v^. * '!'"■'■ •-•"''«'J'"- the f!„., V "' >""t''i •■iinnu'tciiis to re.iii-'m Journal,, Hujso of Co ■ \'ul. 1. P,ij;,.8 ija, 25C April JO, 1871. Ho.yoiiAm.ii James Cockbuhx, .Speaker. A motion to refer to a Select Committee hea„.werto h.i Address respecting a claim S^le '!;;.?» T'"^' "'^ government, is in S^'t?tJ^z.-i;i-=ij Portin. Mor„.o„ (Xi„,„,.,), , ,,,h„M :„„ ,v„bb Id theH,„orabie JWi-s. Carling and i,.„,„,i ^^^ ^l Mover, to report thereon. ' * .8« — Mr. Speaker said : — " That his attention had already heen called to this Motion. He ruled, •' that it does not appear to be ohjoctionahle to refer a claim of this nature toa Salect Committee. Should their Keport recommend a piiymor.t of money, this House will refuse its concnrrenco, nnless the recommendatiim from the Crown is an- nounced liy a Minister. The motion is, 1 think, in Order." JouniaU, HnuHe of Commons. Vol. i. Pnge 3.'>4. April 11, 1871. HoKORADLK Jahe8 C'ockburn. Spenlcer. Motion ruled in Order because, in contradic- tion with the objection taken, it differs from another motion to the same purpose, npon which the House had prev if )usiy passed during the Session. Even if drawn in similar terms, it would still be in Order, because the motion passed upon had been offered by way of amendment, as an alternative proposition to Hou.se. Tlie Houoraliie Sir (iEORGE E. Uartikh moved, ae- condecl by the Honorable Mit. Tillby, that this House will immediately resolve itself into a Committee to con- sider the foliowing proposed Resolution : — That the Railway refer) ,d to in tho Address to Her Majesty con- cerning the Union of British Columbia with Canada, — 811 — ndopM l,y t,,i. Ho„,.. „„ .s„.„r.lu.v ei,o .„ April i,„t.„t, P Htnr, " '■'■'■•" "~'<^-".l tlJthe puijlic niii to lx*"i\cii 111 wt... I 1 1 ■ ■ * ■. * "^^^'^"ih, ^fviin. H„it Un.lrrt.tkili;r Hh'HlM «>„,„t of ,u.,,in„.,.„, ,,„.,„,„,, ,, .,„u,,,. .1„, i„ m«nej.,„,.otl,.,r„id, „of i„..r,.„,i„, „„ ^.™„„ ,„,;.,, rZe" ""■ •'"" ■■■' "' -- ' '■•■ '- .r ., ,,. „ ■> ^' ' ■ ""•II ■■"•||U urit... the House tl„u Hu Kx,.,.ll.„.,v „„.,;„,, .,,,^„;.,,, W„,nfan„B,l„f,|„,„,|.,„t„„„^,, ,„■ „,., ,„;,, „,„i^; reoo„„„eiul, ,t tr, tl,,. ,„„.i,lc.r.ition ..( the H..u... Objecti.,,, i, „.ke„ |,y M,, A.A.„KV.,K .hat tl,i, M.tion «..ot m Order, uumm,c\, „s the l(„„«e h,,,! ,.l„.,„lv, tl,'i"" ,"■ 'T'" '-'" '"*"' "i™" " ""''-" "' '•"••»• iiinilar thereto. that if the two liesolntions «1, ,.i, |,.ivi. |,ppn offered to the H„„,e, the l(...solurioi of the MeM.I,e,; fo,Sl,efl„ooke. »..,1 that of he I ,„ ! able .M..ii«tpr of Militia, xv-re pre "iseh the Kam^ wortl for wor.l. it wonM stiV ,e o,e„'o t" "Arf/" '^^"'•^i'l'-'-tlio Motion of t he ' i ,is thi •-7^''e Motmn of the Honorable Men. er for hlierbr-.oke was offe.'ed bv ,vav of a,, e fl. Ho"se "tZ h'""'""!"! .p™,.o.it'ion'"to"i;e iiti Vi ^'"^.H""*'' 'liKl its option to adopt either the Main motion, which was, to real tie ..M.Th" r"^"^ '">'<' f'P''^ and then, o, to adop the MotK,n of the Honorable M;n'ber for hherbrooke, which was to postpone the — 90 — reading of that Address to a future day. and to resolve certain tliiiij:,. Tlie House, in negati- ving the Ifotion of the Honoralile .Meniher for hherljrooke. luis iu)t passed ui.ou the itesolu- tion contained in that Motion. It has simply eliosen to say," we will now read the address a second time, and we will not pass upon the Kesolution. offered l.y way of amendment, at tlie present time." •' I think we have only to consider the form used in the House of Commons in f^ngland in putting questions, to see what is the true effect ot the vote on the Motiuii proposed by the Honorable Member for Sherbroolke. Haid the Question been put as it would have been put lu hiigland. that all the words proposed to be omitted ■• stand part of the Question," that is, that the " Main Motion should be voted upon yea or nay . the Hor^se would not appear to have passed upo'i the alternative proposition. But though we may vary our form of Question our votes must have no different effect than if taken in the English House of Commons. • Iherefore according to my view, if the two Motions had been precisely the same, it would have been still open to the House, now to consider and pass upon the Motion of the Honorable the Jlinister of Militia. But there are, I observe, important variances between the two Motions. [ w; uld particularly allude to the one referred to by the Honorable Mem- ber for bherbrooke. that his Motion proposed ^o pronounce an opinion upon the understand- ing of the two contracting parties, apart fro.n i' — 91 - '"igiiL wtii Hesitate in connmr td .. j„,.; ■ sr.i'i,";~''" •" '''«'""• fe !"»•' I ' , s" in*' Journals, House of ( ornmons. Vol. 4 Fagea 20 I, 263. May 27, 1S72. HOXOKADLI! JA.M1JS CoOKUlRN, .Speaker. Araenament rulej i„ Order, it Ijei.ia nerti- nent to the main motion. ^ ' The Or« »''^'- e saidofteei-s by applying ;,, fi,st, to their personal ..lief according ,« ,„„, and (if any „„rp,„s ,, leftP^f,^,. ^'^ '_^''^ I j:; li ■of thiir superannuation nllowancei) to the relief of their widows anil orphans ; The House resunieil the said ad- journed Debate. Mk. Jacksos uioveedient t,. alter the pnjvisicms of the Act relating to the sujierannuation of Offleers during the present session, but the subject should engj^e the attention f. Objection is taken l,y Ml.. .[oLV, that the sai.l amend- ment is not in Order, inasmuch as it beam no illation to the original motion. Mr. Speaker decides as follow.^ :— "I must overrule the objection. Tlie Motion of the Honorable Member for Lotbiniere,though a mere abstract opinion, was expressed against the present .system under the Superannuation Act. 'nlieu of that, the Honorable Member for Grey proposed.that in the opinion of the House the preseut law should not be altered. This was a practical proposition which might be adopted in lieu of the other, and was pertinent to the subject of the main motion." Journals, House of Commons. Vol. u. Page 160. 93. Jlay 8, 1H7.). HoxoRABLE James Cockbuk.v, Si>eaker. Jfo amendment is allowed to an amendment that the House do now proceed to the Orders ef the day." Mr. JlACKsyziE having move,l, secondcl by tl,e Hono- rable JIh. HoLlox, that it i„ highly criminal in any Minister or Ministers, or other servants under the Ci-o«,, .lirertlv or indireetly, to u.,e the powers otolKce in the election o'f Kepresentatives to serve in Parliament, etc., etc The Honorable Ma. Tupper mov«l, in amendment, Wded by the Honorable Mr. Tiliev, that the House do now pioceed to the Orders of the Day ; Mb. Joly moved, in amendment to the said pron„,e,l motion seconded by Mr. Wo.te (Halton), that the words the House do now proceed to the 0«lers of the Day " be left out, and the woi-ds " in the opinion of this House It would be advisable to amend our Election Law, so as to prohibit all office.s employed in the Civil service of the Domimon from voting, or taking part in Elections of Members for this House, " inseite.®^ 'rom a draft Report of a former tommittee, the present Committee bee to ^ embody in the Report which they now have •the honor to submit. Consequently, the ReiJort, and the Motion founded uoon it, are out of order. Journal!, Houae of Commons. A'ol. 8. Page 282. i March 10 and 11, 187S. HoxoRADLE TiMOTiiv WAHitEs Axoi.is, Speaker. I.— The House having decided to add certain words to a motion, it is not in order to move to strike out those words, or any of them. 2.— It is out of order to make a motion ask- ing the House to depart from a Resolution which it has just affirmed. On the 8ih of March 1875, Mr. Costioan moved an AddreM to Her Majesty respecting the New-Brunswick School Law. At the sitting of the 10th and 1 1th of .March, the Debate on the motion was resumed according to Order. The honorable Mb. MacKkxzik having proposed an amendment, the Honorable Mr. Cauchos moved a sub. amendment to odd words to the end theroof. The said sub-amendment was adopted. The Question on the amendement to the Original Qut-,tion, as amended, being proposed, Mr. Babt moved, — 99 — ^'-%^lmZ:^Kl " '^'"'i *•»« House words of the ameDdiuen/n,„^; Cauchon, the part of the question ff""'' ?°.'^ ^^^nd »« move that th^ose words or ^r' ? .1'^^"^ *» struck out. Theam«nH:, .*"^ "^ them, be Mr. Baby cannot n,^^^ ."^."' """^ Proposed by the sam^ ques«L^\&ucha,'*r*''?^ P'*'"'"^ repetition of the mS?„ f ^ '* '^ i" P^''' » part inconsistent wTth?t ^r L^"''/'"' "J"^ '" this Motion to be out of Order '^'^'"■' ^""'^^ Journal., HouM of Conimo,,.. 197, 199, 20t). Vol. 9. Pagei 178, 179, m Mr. Cacchos moved, .^conded by Mr Blak. ,„ iteelfthe right to ^klT\lT ""'"""« reserve, to «■■•• TO seek by Address to Her W.:. . amendment to •• The British Vor,h a -""lesty, an I iiJ; — 100 — fmetoiy to the minoritjr of that Province," be uldej M th* end thereof. Objection ie taken to said propoird amendment. Mr. Spbakib decides an follows :— " The House hu ordered an Address within a certain scope, and I do not think it is com- petent now to make a motion asking the Honso to depart from the Resolution which it has just affirmed.' Joornalt, Houw of Commons. Vol. 9. Paget 202, 203. B Hit FKbruttrv 18, 1876. HojioiUBLE Timothy W^Kura Axotix, Speaker. It is in Orfler to move an abstract proposi- tion respectiag the revision of the Tariff. The House, according to Order, resumed the adjourned Debate upon the Question which was on Wednesday las' proposed, that a Select Uoramittee be appointed to enquire into the causes of the present financial depression ; with power to send for perwns, papers and records. Mr. DeCosmos moved, in amendment, seconded by Mr. Bu.v8Ti!E, that all the words after " That " to the end of the Question, be left out, and the words " the early revision of the Tarifif is very desirable ; and that a revised Tariff discriminating to a greater degree than the existing Tariff in favour of home productions and manufactures, but not unduly stimulating one section of the country, or lii :!l! — 101 _ Mb. Spb;.k«b decided • J««n,.I^Ho««ofO„„„.o„^ Vol 10. P.^ 69. Mnrch 2, 1876. HoNo-ABt, TmoTBY W.„„gK Anou,, Sp»k.,. *tag of the Debate. much of the thirteenth Report of the Joint Committee of both Hou«. on the Printing of Parlwn.enta.i.con.i.tentwithtbe foregoing Seeolutiott be adopted, inserted inrteiid thereof. Mk. .Vats r.i».d the point of Order, that two day.' l>otlce should have been given before .ubmitting th» Oriijiaal Motion to the House. -IDS Orfcw^'tr"? token aT'lJ*"" ^ii' ?<>'"' of the aut Rale oi the' hJ^ '«='''"^.»"<'e with Joon..!^ "•«- •' Co».n,o„.. V.l. ,4. P^ 364. FebniHi7 2'. 1882 The notice of a motion for a. Soio„t r- tee should include the names of ^ ""!"'*• of the Committee. °' *"* "«""'»« of the D..i„io„ ; withT^mX" ■"" '""""' J&n'^g^llfd'' Sdl ^tTe '^,'"'' *^« ^^"""^ of consequently, the^MXn wa^h^^egilSr." ""**' Jo«r„.U,Hon«ofo.„„„„. Vol. ifi. p.g, gQ — 101 — March 24, 1882. HoiioRAiiLE Joseph Oodibio Blakohct, Speaker. To move for a Committee of the Whole, it is sufficient to propose the consideration of a general question respecting the expediency of a particular measure. Mr. McLkux luoved, seconded by Mr. Caros, and th^ Question being proposed, Tliat this House do immediately resolve itself into a Committee to consider a certain pro- posed resolution respecting the inspection of steamboats. Objection being talcen to the said motion on the ground that it did not embody a definite proposition as required by Rule 41. Mr. Speaker decided : — "That the Pple, as generally understood, and as interpreted by late English practice simply required the House to go into a Com- mittee to consider a general proposition, setting forth the expediency of bringing in a measure on a particular cuestion, and that consequently, in his opinion, the proposed Motion came sufflcientfy within the meanine of the rule. Journals, House of Commons. Vol. 16. Page 213. — 105 — March 5, 1883. HoNOBABi, George A. Kukpatbiok, Speaker. Motion to appoint a Select Committee partly ruled out, because no notice having been given clmm-r'"?.''^ *''" '^^"'^'' t" f°™ the tommittee, the names could not be added to the Motion without the unanimous consent of the House. Mr. PAmr moved, seconded by Mr. Dalv, and the ?ZTa ^'"*, ^"'^'^- ^'"" ' «•'«' Committee be »ppomted to take mto consideration and report how Inter- ^nUrKed trafic of the In, ercolonial Railway be further mc,ea«d by prodact. from Ontario to Quebec, East to the Manhmes Provinces and Newfoundland, and by return- Palt""^ :.*',: If--™"-- "> ' -posed of Messr" Pamt. Mitchell, White (Cardwell), Burpee (St. John), Launer, McCallum, Desjardins, 0„n„ andTicly ' Objection having been taken to the latter part of the Motion on the ground that no notice had been given of the names to form the Committee ; Mr. Speaker decided :— "That the objection was well taken and the thAwii" ^^l"u^' T"''' °°t ^dd that part of the House"-" "'" """'"'"""^ """^ent of Journals, Houw of Commons. Vol. 17, p„ge 82. — 106 — March 13, 1884 HoxoRABti! George A. Kihkpaibick, Speaker ^_Motioa ruled out, no notice having bet. Sir John a. AIacuosaid moved, woonded by Sm Hector Lanoev.x, .„d the Quertion beir,, propo«d, that the motion of Ah. Honde on Notice, of Motion, : " Tl»t .. f^«, ."""li',"' °'""''" "■"* "" ^'l"" I^™"" Act of 1883, should be repealed ", be the first Order of the 0ay for Monday next, and take precedence next after Routine proceedings ; Mr. Blakb moved, in amendment, seconded by Mb Lauh.er, that all the words after "That" to the end of the Question, be left out, and the words, "it was ar inied _ across the House, that Mr. Houde's motion on the Liquor Incense Act should be called as the Hrst item of business before Government business, this day " : " That this arrangement should be observed • _ "That to fix the said motion tor Monday will prevent the consideration of much important business in the hands of private Members ; instead thereof ; And the question being put or. the amendment; the House divided, and the names being called for, they we» taken down, as follows : ■ J » "^'""-™ xVays-m So it passed in the negative. — 107 — the ground that no Notice thereof had been given ; not bp put.'" ' ^^^ '»■"" question could Journal,, H„„,e of Con,mo„,. Vol, 18. Page. 234, 235. March 17, ISS-t. HoNOHABiE Geoeo* A Ki«K,«HicK. Speaker. ^.Motion ruled out, uo notice having been Mr. Daiy moved, .econded by Mr llAffiiiB .nrf ,u -od^jonrned .11 r^^^^f^i ^^ V-Jlf-" <"> -Objection having been taken to the Motion on th. ground that uo notice ha been given ; Mr. Speaker said : " Thnf «ii/.v. „ _ i.- required notirfi tJ «,„„ u "" * motion donow'Tdjourn/"*'"'^ *""^' *'''^* ^''^ Houle Journal., Hou« of Commons. Vol. 18. Page 244. ill — 108 — July 14, 1883 HONOBABLB Gkobob A. KiHKPATRioK, Speaker. Amendment ruled out of Order because its ■effect would have been to increase the burthen on the people beyond that recommended by the Crown. The Houie, amordiiiR to Order, resolved itielf into a Committee to oonrider certain propo.ed Resolution, res- peoting the granting of land, or scrip redeemable in laud, to the nieniber. of the enrolled. Militia For™ actively •engaged in suppressing the Half-breed and Indian out- break in the North West. , The Question being proposed, that the said Resolutions be now read a second time ; Mr. Watsojt moved in amendment, seconded by Mr Cabey, that all the words after " now " to the end of the Question be left out, and the words " recommitted to a Committee of the Whole House, with power to amend the same by providing that any member of said enrolled Mihtia who has locatad a homestead and preemption shall, in lieu of the grant hereinbefore mentioned, be entitled to «et his preemption free," inserted instead thereof. Objection being taken to the said proposed amendment, on the ground that it was in effect increasing the burthen beyond that recommended by the Crown ; Mr. Speaker said : " That the point of Order was well taken, and that the motion in amend- ment could not be put." Journals, House of Commons. Vol. 19. Pages 624 6't 626, 627. . ' ' — 109 — March 15, l«8g. Honorable George A. K.bkpatbick, Speaker. ^_ Motion ruled out, no notice having bee» 'I.ate.fterQuesfonstobeput by MemW,», tin, Hou« ■ s„„ed the «Uourned Debate on Mr. Land^'. pr"3 030. ou being the 36th O^^er of the Day. L ? JZ d dS::S'':t""""" " *" "" *"* ««'" ■>' "■« ""^ "■■'" Objection having been taken to the propo.ed motion, on the ground that no notice had been given Vthe same ; ^Ifi^^,^^^^^ ^"'®'' = " that the objection was wen^taken, and that the motion cS not b^ Journals, House of Commons, Vol. 20. Pages 6i, 53. April S, 1886. HosoRABiE Georoe a. Kirkpatrick, Speaker. Motion to alter the composition of a Select standing Committee ruled out of Order no notice having been given. th^M ",°°™. '"'""« "^'""^ «"""' "'legations, against the MemU,r or East Hastings by the Member for West- Ontano, to the Select Standing founuittee on Privilege, and Elections for investigation ; ■I , w — no — M^ Ladbieb moved, «cond«l by Mb. Biake, ond the ^u«tion being prop«»d, that the Member for the Wert Kiding of Ontario «„d the Member for the But Hiding of H.rt.ng^ be added to «.rve on the Committee upon the charge jnrt referred to it, without power of voting Objection having been taken to the foregoing Motion. Mr. Spbakeb said :— « r^*i^V^^ question for the appointment of a Committee was before the House, it would brfnfnTPI.*"-.* ^"' *•>« Honorable Mem- bei for Quebec-East to have moved as an amendment to the amendment the motion he has just proposed. But the Question to which was given precedence as affecting Members ha" &«'lfi?'"*Kf'^"'^J* *« norcompet;' for tne Honorable Member, without the Unani- mous consent of the House-no notice having been g. ven-to make his present Motion to altef the composition of a Select Standing Commit Jonrnah, House of Commons. Vol. 20. Pages U2, 113 — Ill _ ' M.y 26, 1887. HO»OI1AB« J. A. OCIMRT, SpMker ^Motion ruled out. no notice having being the Speaker d„C,^:cr''ir''"°'°'°''' ''•*'•• opportunity of W Jp*i " ""i^". .'° «'" »'-'-" the wafweteen td'that th^"^* .*''« °»'i«<'«on be put." • ''"'' *•"** ^'le motion could not ■Journal,, Ho«« of Common,, Vol. 21. P„g, ]73. Februnry 21, 1889. HoxOBABiKj.A.Ou,„BT,Speaker. Decision by .Mr. Beputy Speaker. ..trn', Kir »'»"'-■"'«»« „^u„ luieii out relevant to Che Question. *'on«nH.^::ri.:r:;s,::or:::^='":!' '"■''-«- ".ent„nds„b.„™e„d,.,ent p^posedl e^" "" "'""'"''■ :i — 112 — The quntion l«iug again propaasd ou the amendinent, Mb. MoNCRiKrr moved in amendment to the Mid pro- pMey Mb. Dmaox, that ail th« words in the amendment and all the worde after " That " in tho main motion be left out, and the word« "inasmuch as the result ot recent votes talten " under the Canada Temperance Actliave been in favour " of the repeal of the Act, and inasmuch as the electors " of some counties in Canada may be in favour of a license " system for the sale of cider, light wines and beers only " and at the same time might not favour the adoption of " the second part of said Act in its entirety. " That in the or'iion of this House the said Act should " be amended, so that upon anjr vote of the Electorate " being taken under the Act, either for its adoption or its " repeal, it shall bo competent for tho electon to vote in " any one of the three following alternatives : " First : Either for tlie Act, or " Second : For the Act limiting the sule of intoxicating " liquors, but excepting ciuer, light wines and beers from •• the operation theiuof ; " Third : Against tiie Act, " inserted instead thereof. Objectioil hiving bean taken to the proposed amend- ment to the amendment, on the ground that it was not relevant to the subject matter of the question immediately before the House. Mr. Deputy Speaker decided :— '• That the said ameudmeDt was irregular. " Journils, House of Commons. Vol. 23. Pages 7S, 79, 80. — 113 — April 1, 1889, HOSOBABLl. J. A. Oui!f«T, Sp«k„ th.> Select Uom.ifj;ZI^t^^"„'' *"?"'' «"»^ »' Report of the Debate, orllHl TL""" "" °«™' Se«.o„, becoucurred in "'' •'"^"» "■« P""-* Tre,„bby and Ernest Trembrv\t T"' '^""' .It::?"™* •-" '"^•■' - '-« "«-U of the Mr. Speaker said :— the Rules or ParifamTnta y SsaK:*^?""? ^'^ JonrnaK House of Common.. Vol. 23. p^ 214. — 114 — April SO, 1S89. Ho!(OBAiii.B J. A. Oi'ixcr, Spmkcr. DMUion by Mr. l>eputy gpoktr. Motion ruled out, no notice having been given. Mh. Cukbax moved, aeconded liy M«. Brown, tlint tliv Ninth Keport of the Joint Committee of both Houwt on the PrintinK of Parliument, presented thi< day, be refer- red.bwk to the Mid Committer, for the purpoM of re. considering their docition with reference to the printing of the Ketumi to an Addrew for ,the Report of the Com- missioner. on the floodi in the St. Lawrence River. Objection having Iwen taken to the regularity of the motion ; Mr. Dbpdtv Speaker " thereupon ruled the Motion out of Order, on the ground that mo notice had been given thereof.^' Jouiniilf, Honse of Commons. Vol. 23. Page 3Di, April 3, 1890. Honorable J. A. Ohikkt, Speaker. Motion out of Order, no notice having been given. Mr. Taylor moved, seconded by .Mr, Hickev, and the Question being proposed, that Ave hundred topics of Bill to prohibit the 1 niportation and Migration of Foreigners and Aliens under contract or agreement to perform labour — lU — Journ.!.. Ho»« of Co„,„„„., Vol. 24. P.^ 276. " The Question could not Juljf 8, 1891. HoxoHAmg P„«R WuiTK, Speaker ^.Motionout ofOrder.no notice havin, been «"y wit„e«e. died Wo„ tht Sawt r " •'''*'"'"'' """ -,• matter oom.ng Wore 1" • ,1 ^"2" '""'■'""•' opmion of tl,e Coum.ittee suoh a, oM.^T ,. ' " '" "'" for from the Houm e„ir ^ ''''°°''' "»"« "W 'he Co,n„,ittee "^ "*'"" ""■ "'""•'"end.tion of Objection having l,een tal™. ,„ .t ». «"und that no notfee theJtd Teef;.!::"™' °" ""' Ms. Speaker decided • " Thaf fho k- ^- wa. well taken, and that thl'S^ott ct^K Journal,. House of 0„n.„,o„,v„,. 25. Pag™ 312, 313. ,r iV Hfi — no- July 16, 1891. HOXORABUE PlTIB Whiti, BpMktr. Motion ruled out of Order, no notice havinn been given. M«. MotocK movKl, woond«d bjr Mr Cmaiiito.v, »nd the Quution bting propowd, th.t the evidence now being token by the Select Standing Committee on Public Ac- count, rel.tiv, to the Unjevin Block, be printed for the «e of Member., .nd th.t Rule H be .u.pended in relation thereto; Objection l„ving been taken to the Motion, on the ground that nc notice thereof hod been given ; Mr. Spiaker decided : " That tlie objection be"' T" "" *''"' ^^^ *'°*'°" could not Journal., Houie of Common.. Vol. 25. Page 340. July 20, 1891. HoNOHABLE PcwR WniTK, Speaker. Motion ruled out of Order, no notice havinir been given. Mb. Bahros raove.1, wconded by Mb. Bobden, an.l "the Que.tlon being propo.ed, that all account, for wlarie. and extra Mrvice. or otherwiM with the Po.t Office IJepartment in regard to the following person., namely -.—.J O Poiton! A. C. McDonald, M. P. Wright, E. A. Legueor, Mi» Kate E. Falraner, Mim J. Craig, Mi.. A. Graham and A £ Meighen, together with all cheque, given in payment of Jo.r«U. H.„«.,Co„„„.„. Vol. 2J. P«g.. 3^,, 3,5 Aoguit 17, 1891. HosoBABi. PKIE8 \v„„k, gpeak.r. ^. Motion out of Orden no notice having l,een ci«r or BoDrcier it Cn nit.^ l»"""oni uy M. flour- ISUI laafi ■ ""« "'* y«»" ending 30th June 1884 1888, 1886, be referred to the Select St^„j' V, ' on Public Account. "'''"« Committee Journ.1., Hou« of Common.. Vol, 35. Page 411. — 118 — Lti September 23 and 24, 1891 HoKOKABLE Fetkr White, Speaker. Having moved the adjournment of the " Debate " and spoken on the Question, a Member cannot make a second Motion. Mr. Lackieb moved, seconded Ijy JIr. Casey, and the Question being put, that the House do now adjourn ; Objection having been taken to the Motion on the ground that the Honorable Member for Quebec-East having made a Motion for the adJ9nrnment of the Debate, had spoken on the Question and could not now make a second Motion ; Mr. Speaker decided : " That the objection was well taken, and the Honoi-able Member for Quebec-East could not niove the adjournment of the House at that stage." Journals, House of Commons. Vol. 26. Page 626 July 6, 1896. Honorable Pbtbk White, Speaker. Motion granting to a Select Standing Com- mittee leave to sit during the sittings of the House, ruled out of Order, no report having been made to the House by the Committee, asking such leave. Mr. TisDALE moved, seconded by Mr. Boyd, and the- Question being proposed. - 113 — ■n.«t leave be grant,.' .h. *i«,t .Standing Committee on Hailwaw,, Canal, and Telegraph Line, to sit during the time that the House ia in session. And the Question of Order having been raised that such a motion could not be made without notice or without a report from the Committee itself ; Mk. Speaker said : Jl ^'*j r'^?^^ ,*T° *•>« Motion which has been ^^^t^t^j^'^ the Honorable Member for Sonth Norfolk, I would say that I do not regard it as thP M„^f-" ^\^T^ "«•>' *" ^hich 1 Tegardel the Motion which was made the other lay to reduce the Quorum of the said Committee Then .t was urged that the Committee could not meet for want of a Quorum, but in the present case, the Chairman has moved w^hout any report.be.ng made by the Commi tee, that the Committee have leave to sit durini tSe tentTrfheV""'^-- N°witisaui?ecompe tent for the House, m a case of urgencv it seems to ma, to grant to that Committee power tWnt'^K'i"*^ *'^^ ''?""«^ °f t^^e House ; but, I S t^^^'* coming to that conclusion, we ought to have some definite statement from the (,ommittee it5elf, such as a Report, that S IS necessary to enable the Committee to get through their work, that they should be allowed to sit during the sittings of the House. I do not, however, agree with those honorable gen- tlemen who say that this Motion could not be put without notice if a.Report has been made by the Committee that it was necessary for the prosecution of its business that the Committee should have leave to sit during the sS® — ICO — For these reasons I consider tha„ the Motion occa"sfon •■ " ^"' *° '^' "°"'^ "" *•>« P'^^^" Journals, House of Commons. Vol. 20, Page 241. Pi ! June 1, 1898. HosoR^BLt Sib James David Eduak, Speaker. Motion rule,l out of Or.ler, no notice having been given. " Mr. FoBTlN moved, seconds by Mr. Choquette, and the Question being proposed, that the Hep„rt of the Com missioners appointed to investigate, enqui,, intoand report upon the state and management of the St. Vincent de Paul Penitentiary be printed, and that Rule 94 of this House be suspended in relation thereto. Objection having been taken to the suspension of the Bule -.vithout notice. Mr. Speaker "sustained the objection, and the motion could not be put." Journals, House of Commons. Vol. 33, Page 292. 121 _ April r, 1899. HONOBABLE S,R JxMEa Dav.d Edoar, Speaker ^.Motion ...led out. no notice having been ^tpfrri^,t-r:;tr^-!r Your Committee recommend • Jte L^' ^'^ '^"*''' ""■■"'"■ ™'' <" 'he memters of the staff, be promoted to the position „f Chief Reporter i Ihat the services of Mr. J. A. Pelland L t. , . iTiTz'^^^, "i ''' i^ehate^ticrrh: and that he be pa.d the amount which he, £ilar to the other members of the staff of tn.nslat„rs, is entitled t «c«ve for services up to the 13th instant ^ Mr. SoMKwiLLE moved, seconded bv Mr n»»p.,. , j the Question being proposed, ^ Campbell, and iJ^lH^"^""'"''"^ """"'' '" "■" Sec^d Report of ^portoftheDeb.tesof this House during the p^e^t Objection having been taken to the said Motion on the ground that no notice thereof had been given^, Mb. Speaker ruled : ' not be put." Journals, House of Commons. Vol. 34 Page i ' that the motion could illL — 122 — June 14, 1899. Honorable Sih James David Eduab, Speakej-. Motion ruled out, no notice having been given. Mr. MuLOOK moved, seconded by Mr. SirroN, and the Question being proposed, That there be laid before the House, a copy of a letter addnssed to the Honorable Charles Fitzpatrick, Sollicitor General, by Mr. R. J. McLaughlin, Barrister, of Lindsay, Ontario, on the subject of certain questions placed on the Order Paper by the member for 'the North Riding of the . county of Victoria ; Mk. Speaker " ruled the Motion out of order, on the ground that no notice had been given and that accordingly it could not be put.^ Journals, House of Commons. Vol. 34, Page 263. i It t.l ' I DECISIONS QUESTIONS OF ORDER RESPECTING "PETITIONS". May 7, 1868. HoNoiUBiB Jamks Cockbdrs, Speaker. ~L ^ Z*^ ^"'''"' """"^y and has not been recommended by the Governor General. Mid petition, inMmuch as it, asks for a grant of PnvZ oeneral, and therefore cannot properly be received;- — 124 — Mr. Speakkr decider! as follows :— "Though there is no rule of this Fouse expressly applicable to the question, yet by rule lib. It IS ordered that, iu unprovided cases, the Rules. Usages and Forros of the l!ingli.sh House of Commons are to be followed ' 1 he practice I a England has been clearly against the reception of such Petitions, and I find by a Standing Order of the House of Com- <'"S?^°!u•''^?°* *^="'«h- '^'*''6. it is declared: • Ihat this House will receive no Petition for ' any sura relating to the Public Service or proceed upon any motion for a grant or J charge upon the Public Revenue, whether payable out of the Consolidated fund, or out of moneys to be provided by Parliament, unless recommended by the " Crown " "I think this Rule should be held to be in force here, and that, therefore, the Petition ought not to bo received". Journals, House of Commons. Vol. 1, Page 297. — 125 — April 20, 1869. HosoHABiE Jamks Cockbijhx, Speaker. I'etition ruled in order beca«.<,e, contrary to theobiect.onraised.it doe., not a.lc fo!- Ly grant of Public money. ^ Mr. Whi«ht (Ottawa) moved, sec„nde.l by Mr Cohmei, That the Petition of the Reverend C. ci'^^il,a„„; and others of the Parish of the St. Andre Avelin, iZ^ of Ottawa, presented t,. thi, Ho„«,, „„ Fri.lay, he 16th April instant, be now receivefl. And objection being taken by Mr. Mackexz.e that the 1-et.t.on prays for the removal of " obstructions 'wh eh an only he done by a «™„t of public money, and, 2^ ore contrary W Parliamentary practice, which p™hib^ :rrdr^r'"''"-''™^'"*''-«™-'-e;di.tx Mr. Speaker decided as follows :- "The reception of this Petition is objected trhtrnot'^e*!,!^ ^^•''^"'" "^^'-"^ir '• Though there is no rule of this Hou^« "c«ses"thBR,i°'"'^?r''*'''^'^- "in nnprbvided "Engli'sh Housi AfV?*«''' """^ ^°™« of the " Wed Commons are to be fol- if * — 1J6 — ,. " The practice in England has been deary .. ?^'5*i the reception of such Petitions, and 1 find by a Standing Order of the House of vommons of the 20th March, 1866, it i« .. declared :- That this Hcise will receive no „ J «''''.""' f<"^ ">"J sum relating to the Public Jiervtce or proceed upon any motion Jor a grant __ or charge upon the Public Revenue, whether _ payable out of the Consolidated Fund, or out of monei/s to be provided by Parliament, unless recommended from the Crown." " The decision having been given, the House agreed unanimously to adopt it as the Rule to be followed in future. The present Petition does not in my opinion come within that Hule. It IS very general in its terms. It sets out a variety of facts with reference to the construction of a work which would no doubt involve an expenditure of money, bat it con- cludes with these words :— .i " T'lerefore your Petitioners humbly request ^ that Your Honorable House will take euch measures as will cause the obstructions to _^ the navigation to be removed, and an un- _ interrupted line, to the full capacity of the _; leading channel and the supply of water from ■ the summit level, opened through oat ". "Now, as I take it, this is not a petition asking for a grant, which would be a charge on the Public Exchequer, and I do not think It would bo my duty, sitting in this Chair, to interfere with the right o! the people to petition this House, unless there is a clear — .27 — I cannot so apWv ihe bT i*'"?''^"'''<'d. langaa„e, it do"e^s'nlt t%er ^if/as^ tT^ not a petition asking for monev It U lilr tion asking siinplv for |p^T«^„ '? " ^«''- n^usUrrZ'^y^-f- *"- **- Son Journal,, Hou,e of Common,. Vol. . p,^^ ,2 ^^d 23. June 21, 1869. HoNoKABtE Jabks Oockbhrx, Speaker. Motion to refer a petition to a Select Com M.ttee ruled out of Order, as it would invorj an expenditure of money. 'uvoive ..Tn^^'^T."' '""""'■ '^°"'^<^ by Mr. JOX.S (Leed» the Gov^ene ^^ ^iz:z^:zzjt:f^ ^^3S — be credited to their favor i. tlieir Municipal Loan Fund •ocoiint, or for . direct deduction of the «nount ch.r«d for con.pj,„„,l i„„^t in the «id Account, be referred to a Select Committee. And notice beinp uken, thet the motion i. not in Order m.,much «, iu «ioption would involve an expenditure of money, '^ Or!u/: fu"'^'^^ declared the motion out of ^ttliu^^^ said Motion was t..en, with leave of the House, withdrawn." Journalu, House of Commona. Vol. 2, Pajte 307. April 2-J, 1872. HoxouABLE James Cockbbbx. Speaker. Petitions asking for the appropriation of fublic Money ruled out of Order. A motion being made and seconded, that the petition of K. Abbott, and others, presented on Monday last, pmying for such an appropriation as will be sufficient to open the mouth of the £ig Creek into the waters of Lake Huron for a Harbor of Refuge, be now received. nJ^^..^ ^K™'*^*^". ™jed •• " That this petition n™l f^^ received as the granting of the oT/u'^lic'Zne"""'' '"^°'^^*^^ ^^P-'J''"- A motion being made and seconded, that the petition of the CouncU of the Municipality of the City of Toronto, — 129 — no^& rSd Tile7™nJ>'^''* I^etition can- thereof woufd ?>.volve*^he'"/ °' *?•« P^y^"- Public Money" expenditure o£ Journal^ Ho«,e of Commons Vol. 5. n.ge 4,. April 2«, I87-2. Honorable Ja«e8 CocKBBg!,. Speaker arXtttervZT^'^-'^'-'- Counties of " I„d ^'^*' '*'""^ "' "» United ""* '° P'r^ ^^^ PeMon on tne footing of being now a legal Petition. In the case referred to there wis another Peti° *'°n,P'-«^ented afterwards, but that Petition t^nn fei*'°™ "!« ""ejection of being L Elec! tron Petition. That part which made com- plaint again.st the Election had been strudc EltiZ'T^^^y *^^"«^ Petition^ not an debate anihA^T''* ^T,""'^^"^^ ^^rious debate and hesitation, and douuts expressed of thereby^esiatlis^^^^^^^ !"•«-'''»* "^""^ " Whether the House has present iurisdic- before°'n? u' ^«*""'°8 ^ffl^er in tCcase ftWr?),o f ' i" ^•'t''® question-it may be so, have Bxniiw '*r"M^^'?°'" P'-«''e"ti"g Petition nave expired I will not presume to say to the House what I think upon that point. But in ine case referred to by the Member for Monck was&rv''"' ^1'™'^''="''" '^«'=*»^« the charge was bribery, and respecting bribery there is a Special Act in force in Englani which provides a somewhat different mofe of tria IfrSm that provided in the Controverted Electirslct tinn Pohv"''"""!!' *'''■' Petition being an Elec- n°ed hvthl"; ""• ':,''* ^"'^•"'e beenlccompa- s a void plf?""^'' '^?"'''ty t" ™-"er costs, IS a void Petition, and cannot be made the ground work of a motion." ® Journals, House of Commons. Vol. 6. Page., 20 and 31. m t 1 k — 134 — March 20, 1873. HosoRABLB James Cockbuhs, Speaker. An Electiou Petition, substantially comply- ing with the reiiuirementa of the law, in ruled to be in order. A Motion being made and seeondei Jonrn.1,, Honw of Commons Vol. 9. P.^ 287. issiox OF 1876. HOSOBABLB T.MOTHV WxHaPV A^UK, Spe.kor. mker. of C.,,«ia, praying n,t j^,;^ ^P ^ «pon Pl.„,. imported f™. the United SuteeMZ^ equal to thoK imposed by the United S.^,. ,^ «rtide. of Ca„«iian manufacture; "" '""' — Of thfl Dominion BoaM nf Tmj- imported f™m the United State. ■ ""^" -Of Mewr.. Ly.nan., dare and Con.pany, and others. »anufao tarers and other., of the P™Wni^^ of Q„eC P«y,ng for certam change, in the m«le of levying duti^' he .mponfon of du.ie. on gold value, of cer^in arS therem meutmned, and that the «m. duty be "eri^! „^ «« .nery imported in .eparate par... .. ,^n^ ^IZ a the «.me were put together in working order ; .-us — — Of R. W. HeDeker* and others, manufacturers, mer- ckants and others, of the city of Sherbrooke, praying that a revision of the Tariff may be made, and that protection may be introduced for en inctvase of tlio standard rato of duties from UJ to 30 per cent, on all articles included amongst the manufacturers of the Dominion. Journals, House of Commons. Vol. 10, Pages 58, 76, 86, 92. Petitions ruled out of Qrder, because the granting of their prayers would involve the expenditure of public mouey. — Of J. Sanders and nthers, owners, captains of vnssels, seamen and others, praying that an appropi-iation may be granted for thu improvement of the Per* of Whitby Harbor. —Of William R. Taylor, and others, owners and captains o* vessels, praying that an appropriation may be granted for the tmprovnmen'. of the Port of Whitby Harbor. —Of Dugald B. McNab, of Sydney, Uape Breton, praying that a pension may be allowed him in considera- tioo of his long and faithful public services as a Crown Land Surveyor in Cape Ereton ; — Of Martin Stevens, and others, of Noel and vicinity, praying for the construction of a breakwater ; — Of A. Bufountain, and others, shipowners, ship- masters, and others, of the Province of Nova Scotia, pray- ing for the construction of a Breakwater at Main-i-Dieu Harbor ; — US — n.Z'" "' " '""""'"•^ "' Mails- KTantJfo, 1 •''"^'"« ''•'''''" W^Priation „,»y be March 13, 1876. H0K0H*BtK T.MOT«T W.BREK Akou:,. Speake,-. Petitions out of order, there being no siena- Orant anJ o,he,e„ of .be County of Nor.h„n.berl.„d, New Brui,.w,ck, presented on Friday l„f severallv i.™^ Fox I.la„d and Portage Island, be now received ; with\^,^fiini of money may be voted for the protection and preservation of the Toronto Harbor. Mr, Speaker ruled :— "That as the Krantiiig of the praveis of these petitions would involve the expenditure of i'ublic Money, they cannot he received." The two fallowing Petitionn were ale > , • „.h.r,, of «|.. Village of Tiverton, Countj' of Bi .«, prt' ni -J n. V'u . dnylait; praying that the r>gr tut e il.ri 1 latr witii the Syndicate for the oonetruetion if he " m » ', u P^r ifio Railway, may not he ratified by Pkrlinii.eiil, l.^.ng ci i, Mb. Speaker ruled :— That as this Petition contains several Appendices, it cannot be received." JoumaU, Houae of Cominona. Vol. 15, Pagee S8 and 89. February IB, IPSl. HoNORABiK .rosKPH GouEBic Blaxciikt, .Speaker. A Petition complaininffof the undue Return of a Member for an Electoral Division is out of Order, Parliament having refeiTed such mattei-s to the jurisdiction of the Courts of Justice. Mr. Sfeakeb gave his decision on the point or Order raised on Thursday, the 3rd february instant, by the Honorable Member for Bngot, on the Question for the reception of the Peti- tion of Edmuii'l Ritter and others, of Soret, as follows : — ii;ii — i«o — After havinu given n most careful coDsi- deration to the Petition of Edmund Ritter and others, of Screl, representing that there has been a failure of justice in the matter of the trial of the Election Petition complaining of an undue Return for the Electoral Division of Kichelmi, and praying to be allowed to make proof before this House o' the allegations therein made, 1 am of opinion that the same cannot be properly received, for reasons which I now propose to state. " The Petition sets forth, that on the 4th November, 1878, a Petition was fyled in pur- suance of the Statute in the Superior Court at Sorel, by two duly qualified Electoi's, contesting the Election of the Member elect for Richelieu for corrupt piactices by himself and agents. Later in the same month a counter Petition was fyled by the Member elect against Mr. Barthe, his opponent at the said Election. On the day appointed for the trial, Mr. Justice IrtU dismissed the two Petitions for want of proof. His judgment, declaring the sitting Member duly elected, was forwarded to this House, m accordance with the 'aw governing such matters, and was recorded in the Journals. 1 he present Petitioners now allege that the trial was not brought to issue in good faith, but that it was conducted coUusively with the view of preventing any full investigation into the corrupt practices charged against the sitting Member. They declare tnat had they been substituted for the original Petitiopers and permitted to come into Court, they would have been able to prove that the Member elect W been retorned to Pmliament by means of comipt practices committed by hisaK^u and Present ttm^ '*5* ''* bas occupied np to the Fhim fi i ®' /"** P":**' t''^ House to allow theni to come forward and lay before ital th« Sf ?r'r'"y ^^f'-^l" their vario.^ a lie! to re onpn^),""'.'' T'^^' ^^^y ^^'^h this House to re-open the whole case, and review not onl v fm-h L'";'""' "•' *'^l J"«'"«»t «" the Couri*but. sm-h evidence as they may desire to ad&n^. '' Now the only qnestion that this Housp tl^A°"%^tyj^ whether this Petition is not in effect a Petition, questioning the retain of both sides, caunot he properly received hy The House in view of the fact that it has divested referring them to the inrisdietion of an hide- pendent judicial tribunal, in handing over thl power to the Courts, the House stilf reserved to Itself the right of taking notice of any Te^l disabilities aflectiug its Mmnbers/and l^suTg writs m the room of Members judge- to ll S J' "^ '"J'"«- J^"' 'he pitit^on now under consideration, both in its terms and scone, Ks a Petition questioning the lermn of HOTse ' ""' "''*'"" the purview of th°s "By the Act 37 Victoria, Chapter 10 the House of Commons divested itself of its ori^ nal jurisdiction for the trial of a 1 matte,!s growing out of the Election and ReTurnTf — 162 — Members having the right to sit therein, inclu- ding the withdrawal and abatement of any Election Petition in consequence of alleged corrupt agreement between the parties con- cerned. That power now belongs to the Courts of Justice, which try all election cases in con- formity with the Statutes in that behalf jirovided. The 68rd Section of the Dominion Contro- verted Elections Act, 1874, expressly provides that all Elections held after the passing of the said Act shall be subject to the provisions thereof, and shall not be qiuestioued otherwise than in accordance therewith, showing clearly that the determination of the judicial body to whom that power has been delegated is final to all intents and purposes. Now the Petiticm in question declares , express terms that the sitting Member has n • right to the seat he occupies ; and were the prayer of the Petitioners granted, the logical result would be the virtual resumption by The House of the jurisdictiou which it has in its -wisdom lianded over to the Courts. It aslcs the House to sit as a Court of Appeal upon a judg- ment rendered by a Court of Justice, though such judgment ought to be final actordinj? to the law. " It the Petition should \te received it would then be competent lor any Member to move that it be referred to a Committee ; and if *ucb a motion were agreed to, the various allegations in the Petition would constitute the order of reference by which the Committee would be governed in its proceeding.'^. In this — 168 — ■way, a door would be opened to the indiscri- SllV fh'r tf '/°^ "' ^"*'°"« attacking 'en" rally the Keturn of Members, though not «overneJ by any of those forraaltiesnefess^^v even in those times whei; the House possS fulljansdiction orer Controverted llectTon^ to violate the Beneral principle wh ch lies at the bas,s of alf the Legislation adopted by the English Par lament since 1S63, and bv the Ca h^!^ P^liamant since ;873, that tfie Court tr^^ iul^'^^'^'Z^^ °» ■»*"«" of Contro- verted Elections. When the law has been proved to be inadequate to provide^a sufficient remedy m any case, then Parliament has always come forward, as the various Statutes in Amendment of the Act of 1874 prove „| passed the Lsgislation necessary i^ the p"e "The principle which guides Parliaiueut in such cases can be understood by reforo ce to a statute passed in lS7fi. When no Petition ^barging the existence of corrupt practices Ins been presented under the Act for the t ri 1 o Controverted Elections, then 25 or more Electors of a district can sign 'and present a Petition ,n which they state tiat c" rrmft fw tices have prevailed, or that they ha" J^,, to believe tUt suj^h practices have exVens'^y prevailed at an Election ; but that Pet tion must be accompanied l.y a solemn dw-Uin t °n under the Statute in that behalf, ~?bv Z said Elector, stating that their aliJations a?^ tnie to the best of their kuowleJo^lnd behet They must also deposit with the' A^connUnt — 184 — of the House of Commons a sum of One thousand dollars. That Petition must be pre- sented within 60 days after the publication in the Cnnada Gazette of the Return of the Elec- tion if the House is sitting, or if Parliament is not sitting, within 14 days after the next meeting of Parliament. Even in this cnse the House does not take cognizance itself of the allegations set forth in the Petition. It may only present an address to the Uovernor- General praying him to cause an inquiry to be made in such matters, and accordingly a Com- mission of inquiry is issued with such powers as detorminedf by Statute. " It will therefore be seen that this Petition is irregular : "1st. Because it asks The House to sit in appeal of a judgment rendered in conformity with the provisions of the Dominion Contro- verted Elections Act, 1874 ; " 2ndly. Because it is not in compliance with the requirements of 39 Victoria, Chapter 10, ' An Act to provide for more effectual enquiry into the existence of corrnpt -ractices at Elec- tions of Members of the House of Commons.' nor with those of 42 Victoria, Chapter 6, ' An Act to amend an Act to provide for more effectual inquiry into the existence of corrupt practices at Elections.' " I n view then of the fact that the Petition is in conflict with the letter and spirit of the law which governs The House in such cases, and does in effect question the right of an ■Honoi-able Member to his seat, I have to decide that the Objection raised by the Honorable -165 — Member for Bagpt is well taken, and that the i'etition cannot be received." Jonrnali, Houw of Commons. Vol. 15, Page. 190 and March 33, 1892. HoHORABLK Petkk Whitb, Speaker. Petition for a Private Bill ruled out of Order, the time for receiving such Petitions havinir expired. The Petition of the Cobourg, Northumberland and PaciBc Railway Company, preaented on Monday last • praying for the pasning of an Act to extend the time for the commencement and completion of their Railway being read ; Mb. Speaker decided :— "That the time for presenting Petitions for fnvate Bills having expired, it cannot be •received. Journals, Houw of Commons. Vol. 26, Page 160. DECISIONS QUESTIONS OF ORDER RB»PKCT1K0 'SUPPLY"-"WAYS AND MEANS" THE FINANCIAL CLAUSES OF A BILL RESPECTING THE MILITIA May 1, 1868. HoxoRABLE James Cockbuku, Speaker. No sub-amendment can be proposed to an amendment to the motion that Mr. Speaker do leave the Chair— for the House to resolve itself into Committee of Supply. The Order of the Day for the House again in Committe- of Supply, being read ; — I«7 — The honorable M«. Roig moved, seconded by the bono rable Sie. John a. MacDonau,. and the Question being propowd. That Mr. Speaker do now leave the Chair :- The honorable Mb. Hoiton moved, in amendement to the Queation, seconded by Mh. Mackenzie, that all the worf.^ter "That" to the end of the Queation be left out, and the words " it is expedient to provide for the reduction, on the first day of July next, of the salary of theOovernor.Generalto«35,000 per annmu, and of the salaries of all officers and employ.?, of the Government receiving more than «800 per annum, to the extent of all east twelve and one-half per cent, and «!«, to provide that no salaried officer shall receive any emolument for sjecial services, " inserted instead thereof. And objection being taken bv the honorable Mb Dus- KIN, that this motion is out of order, on the ground that being in its nature complex and such as to require divi- sion in order to a regular vote thereon, it is yet moved as an amendement to the motion to go into Committee of Supply, therefore by the Rule, of the House (if so put) cannot be divided or any amendment thereto «. much as moved. „f^.f- ^PEAKBR then decided on the objection of the honorable member for Brome to tlie pro- posed amendment to the Question, That Mr Speaker do now leave the Chair (for the House again in Committee of Supply) as follows :— "This motion which contains three distinct propositions, on each of which a separate ques- tion might beput (and is consequently a com- plex motion) IS not therefore irregular or out — 188 — of Order. The House could in general, accord- ing to precedent order a complicated motion to be divided. But that could only be done by amending the m-Mon, which cannot be done now, for but on., ndment can be moved in going into Co., r f.tee of Supply. Therefore the motion n- , x stand or fall as a whole. The difficulty poiii' cd cot by the honorable member for Bromo is one which does not affect the regulantv of the motion, and that is all that I nave to deal with" Jonnul, Bouse of 'Touinioni. ViiL 1, Ptgea 268 and 270. May 16, 1868. HOKOBABU JaHES CoCKaOBN, SPCAKEB. Sub-amendment and amendment ruled out of Order, because their adoption would involve the expenditure of a larger sum of money than that recommended by His Excellency's The House resumed the adjourned Debate upon the amendment, which was, yesterday, propo»d to be made to the proposed amendment to the Question, that the report of the Committee of the whole House on the BiU respect- ing the Militia and Defence of the Dominion of Canada, be now received ; and which amendment was, that all the — 169 — word, after " now " to the end oj tlic Queation he left out, Md the words recommitted to a Committee of the whole Hou«e for the pnrpow of coniiHering the following Hesolu- tions : — 1. Re«.lved, That it is inexpedient and unjunt that the Militu. 8t.iff Officers should receive large sums of mony for their servict . *hile the Battalion and Company Officers, upon whom the expense and Ubor of Iceeping up the Volun- teers devolve, are most inadequately paid for their labor and expense. 2. Resolved, That no money shall be paid to the Staff Officers for their services until such time as all the Officers of the Force are properly considered and provision made for their payment upon a just and equitable basis, accord ing to their respective duties and rank, " and amendment to the said proposed amendment was that the words " con- sidering the following Resolutions :— 1. Resolved, That it is inexpedient and unjust that the MUitia Staff Officers should receive large sums of money for their services, while the Battalion and Company Offi- cers, upon whom the expense and labor of keeping up the Volunteers devolve, are most inadequately paid for their labor and expense. 2. Resolved, That no money shall be paid to the Staff Officers for their services untill such time as all the Offi- cers of the Force are properly considered and provision made for their payment upon a just and equitable basis, according to their respective duties and rank, " be left out, and the words " so adjusting the expenditure for the Mili- tm purposes, that the offic-ers of the service Militia and Volunteers, when employed as such, may receive such -170 - •llowanoe h will dutlnguMi between tbeir mpmitive luks and that of the men, " inwrted ioiite«d thereof. And the Queition on the amendment to the wid pro- poaed amendment, being again propoaed ; And notice being taken by the honorable Ma. HoLTOX, that the mid amendment to the propoead amendment ia not in order ; Mr. Sfeakbb decided :— "Thatthesmendmenttothe said proposed amendment is not in order, inasmuch an its adoption would involve the expenditure of a treater sum than that recommended by His xcellency's Message." And the question on the amendment to the original Queation being again proposed ; And notice being taken by the honorable Sir Johk A. MacDoxald, that the laid amendment ia not in order ; Mb. Speakbr decided :— " That- the said amendment is not in order, inasmuch as, if adopted, it would bean instruc- tion to the Committee to consider certain Kesolutious which could have been considered without any instructions from the House, and moreover that it involves an increase of the public expenditure over that recommended by the Message fr<,ni i^is E.xccllency the (lovernor- Qeneral." Journals, House of Commons. Vol. 1, Page 390. — in — April 31, 1870. HoxorabliJamuCockbum, Spuku. A sub-amendment not pertinent to the amendment to the main motion is out of Order. The IStli Rmlntion being read . woond tinie, a> foL IS Rewlved, Th.t. wm not exce« inexrodient during the present session of Parliiment to make any alteration in the existing duties on Coal, Coke Wheat, Flour, Salt, Peas, and Beans, Barley, Bye, Oats' Indian Corn, Buckwheat, and all other grain, Indian Meali Outmeal and flour or Meal ot any other grain, " inserted instead thereof. And objection being taken by the Honorable Mn. Hoi.- Tos, th,-.t this amendment is out ot order, inasmuch as it |.rop-,ses to sfrikB out certain worJi which the House has already decided shall form part of the Question. And the House having continued i.. sit till after Twelve of the clock, on Thursdiiy morning. Thursday, Strd March 1871, Mr. Speaker decided as follows :— " Tlie point of Order is well taken. It seeraa conclusively so hy English authority, and there 18 good reason for it. Th ', House has pro- nounced its decision upon the proposition that salt and other articles shaU form part of the Question fo be submitted to the House, and now the House is asked to say that they shall be struck out of the Question. This would be a contradiction and is clearly out of Order." Journals, House of Coram ins. Vol.4, Pages 131, 132 177 — June ! 1,1872. HoNOHABLIi JaMM CocKUURS, SpEAKKR. Amendment ruled out of Order, because it would involve a tax upon the people which is not recommended by the Crown. The 41th aMolution being read a second time, as fol loweth. 14. Bemlved, That a sum not exceeding Thi-ee Million four hundred and ninety thousand dollars be granted to Her Majesty, to defray expenses for worlt, of construction to Canals, for the year ending 30tli June, 1873. And the Question being proposed, That this House doth concur with the Committee in the said Resolution ■ Mr. MoCoskev moved in amendment, seconded by Mr LlTTlE, That .11 the words after •■ That " to the end of the Question be left out, and the words" The said Resolution be recommitted to a Committee of the whole House with a view of considering the propriety of granting a subsidy, either m land or moi,<.y, towards the construction of the pro- jected Georgian Bay Canal, a work in the opinion of the House of great National imporbince to this Domini™ and calculated if prosecuted to completion to f -elop its best ressources," inserted instead thereof tnf'i\!-J^%?'°} S^^^^«.«.(Mr. Forbe-s) Member for the Electoral Divwion of Queen'-i N S ruled : — ' '• '^•' "That as the granting of this motion in amendment would invofve a tax upon the people, and the subject matter thereoY s not irouTofSr.''^ '''' "'•"^^"'^''^ ^'"-<'"-»t Journals, House of Commons. Vol. .i. Page 311. — 178 — May 3, 1873. HOKORABLK JaMIU CoCKBDRSt, SPKAKIR. An amendment to ai) amendment to the Motion for the House to go into Committee of Supply is not in Order. The House then resumed the debate upon the amend- ment whiih was this daj- proposed to be made to the Ques- tioi,, That Mh. Speaker do no» leave the Chair ; (for the House again in Committee of Supply.) And tlie Question on the amendment being again pro- posed ; The Honorable Mr. Tuppek moved in amendment there- to, seconded l,y the Honorable Mr. Tilley, That all tho woi'ds in the said proposed amendment be left out, and the words, " this House is of opinion that in the final settle- ment with the Contractors for Section Five, the Commis- •iontrs should, as in the Contract provided, make such deduction for a diminution of work, or such allowance for increased work consequent upon change of grade or loca- tion as they may deem reasonable, " inserted instead thereof ; The Honorable Mb. Holton raised a question of Onhi, on the ground that an amendment to an amendment to a Motion for tlie House to go into Committee of Supply was not in Order. Mb. .Speaker decided as follow.s : — " No amendment can be made to an amend- ment to a motion for the House to go into Committee of Supply. This moti»-»«tutio„aiity„, Mr. Speaker ruled :— tion of a-irre^orn.t^el-f; te &: — 1«0 — consequently he must decline to pat thi^^ motion in amendment." Joun.alii, HouHe of CoiDinoiiH, Vol. 9, Pagefi 13t! 'U| March 9, 1875." Honorable Timothy Warbkn Asolin, Speaker It is out of Order to propose a motion involving an increase pf the amount of a Resolution reported from the Committee of Supply. The 6th Resolution beiii^ read the second time, an follows : Jicnolv-d^ That a sum not exceefling two millions of dollai-it be ^rante*] tii Her Majesty to defray expenses of the Welland canidi for the year ending 30th June, 1876 ; And the Question beinjtj proposed, That this Houw doth concur with the Comnii'.tee in the said Resolution ; Mr. Kirkpatrick moved, seconded by Mr. Bowell, and the Question being pisptv.'X That the words, "and this House deeming the enlargement of the Welland Canal so as to pass vessels drawing 14 feet of water, to be of national importance, and sucli as wculd greatly enhance the benefits now derived by the country from this Public Work, desii-es to record its opinion that this enlargement should l>e made, provided the same can be executed at reasonable costs," be added at the end thereof ; And objection having have taken to the £i lid proposed amendment ; — ni - Mh. Spbaeer decided :— aske^lor «7^n ""* "^ 9'"'l«'- inasmuch as it aslred for an increase of the public expend!- Journal., Hoo«o( Comn.om. Vol. 9, Page. 190 and 191. February 29, 1876. HONOEABLE T.MOTHV Wa-E^K AnoU.V, SpkAKKE. No sub-amendmc-t can be proposed to an amendment to the Motion to form' the House into Committee of Supply. The HouM, aooording »„ Order, resuoeH the adjourned Debate upon the Q„e,tio„ w. ioh wa., on P„day 1.7 T^ ^. That Mr Speaker do now leave the oJr ,;2 HouM agam in Committee of Supply •) ^ And the Que.tio„ being again p„p^. That Mr. Spea- ker do now leave the Chair ; "^ Me. Ieviso moved, in amendment, «,conded l,v M« r? ;:','l' "■" "»"" "^' "T"»t " to the end of U,e Question be left out, and the word. •' Thi, H„,.». fining the policy adopted by the prJ«, IZCZ Government, of limiting th. rate of duties upon theC port of those cla.«„ of article, which a™ p. .^d ^ T -untry, to the extent required to meet t,^ Z^. „" , ^ Revenue, fully appreciate, the national benefit. .1 ! from the degre, of protection to the -xisting manufact? nng .nterest. of the Dominion afforded undef that ^m Ililli — 183 — bat obwi VM with ragrat, that the «xtnu>rdinkry fluotiu- tiont in pricM, roniltinK trom tlie unwrtoin uondition of foreign niarketi, affeoting the Canadinn marlieti, and in- capable of being fora«ien by Canidi.n manufaotiirrn, expoee our manufaoturing intenuta to unllr competition. " And this Houie while now ready to record iu appro- val of the general policy oj the prewnt aduiiniatration, ia neveraheleaa of opinion, that the mid manufaoluring inte- re«t» deserve the continued foetering care of Parliament, and that the time hai arrived when the Government of the Dominion ehould inform the Imperial Uoverment, that the Parliament of Canada deeiki it neceuary to revive lome feature! of a former policy, by impoiing difierential duties. " And to indicate further, that in owler to meet the diffioultiea against which Canadian manufaotorera are struggling and in the general interest of the Canadian Pu- blic to bring the British and foreign manufacturer on nearer terms of equiility in the Canadian market, this House would bo prepared to approve ot any measure to be submitted to them by the Admiuisttstion, whereby a rate not less than ten per centum, should be added to the exis- ting import tariff, against those articles of foreign pro- duction, of which the same elassjs are manufrctured in the Dominion, by way of diiSirenPo, to that extent in favour of the like classes, the production of the Mother Conntry " inserted instead thereof ; Mr. Workman moved, in amendment to the said pro- posed amendment, seconded by Mr. Dbvlin, That all the words of the said propof jd amendment be left out, and the words : " This House deeply regrets to learn, from the Speech of the Honorable Minister of Finance, on Friday — 183 — Mt, eh., u,. Oov.n,n,.„t hu not propped to thi. Hou« «r.^ therein, and their pre.ent depre«e.l condition «nd.ring.nch . policy „,ce.«ry to restore then, to" condition of pro.perity," i„„rted in.t«.d thereof " me'nf 'to^fh^''''" ''"1^'^ *•"« proposed amend- meiit to the ttniendment out of Order inna SJfo u ° 5° amendment to a motion ' That Mr &f!" '''' "•;:' '«''^« the Chair for the House m the Committee of Supply." • ^* Journal., Hou„ of Common.. Vol. 10, Pa«..8S .,d 89. April 7 and 8, 1876 HosoHABU TmoTHv Wabrev Axomn, Speaker. Amendment ruled out of Order, because it was not relevant to the subject matter of the main Motion. The 2nd Re^lution (reported durin« thi, sitting from foUo^T '""'"''^ *"'"« "^ « -"■>'• '^' » 2. Ji,,olved, Th„t a sum not exceeding Five hundred thousand dollar, be granted to Her Mafesty, to d"t1 «pe.«e. of Pacific Railway Surv..y and En/neering, for the year ending 30th June, 1877 ; ^ th»"o: ^!'""1 ""™''' "™"''°'' ^^ ^'"«- K.BKPATB.CK, and the Question being proposed. That the word, : " that while — 184-:- conuninj; in thU vote, this House derinw to record !t< O' ,ion th»t the country U pledged to the construction of the Pacific Railway in its agreement with British Colum- hia, and that it is in accordance with agreement, and with the public interest that its construction should be pro- deeded with os speedily as the resources of the country will permit, without adding to the burthe.is of taxation, " be added at the end thereof ; Objectiou l)eing taken to this amendment, on the ground that it was not relevant to the subject-matter of the parti- cular Resolution under consideration ; Me. Speaker decided :— " That the objection was well taken, and that the amendment could not be put." Journals, House of Commons. Vol. 10 Pages 284 and 286. April 22, 1890. HoNOKABLE J. A. OuiMBT, Speaker. An amendment irrelevant to the Question under consideration is out of Order. The Question being again proposed, That the said Resolutions (reported this day from the Committee of Ways and Means, respecting the Dut-es of Customs,) be now read a second time ; Mb. Taylor moved in amendment, seconded by Me. Speouie. That all the words after " now" to the end of the Question be left out, and the words '* re-cummitted to a Committee of the whole House, for the purpose of amending the same by providing that nil cheese imparted — 185 — nto C»nad» for export, be branded when In bond by maricing on both the cheese and the box, the following word. - " Cheese for export, the product of the United- Stated, inserted instead thereof ; mlJ^"" ?'f^^^^ ■""'^'^ ^^^ proposed amend- ment out of Order, as irrelevant to the Ques- tion under consideration and not corainff luffl'"° **'® purview of the Tariff Reso- Jonrnals, House of Commons. Vol. 24, Page 367. 11 liTIDE^^ BILLS Dau. Paoc. M«oh 27, 1888.-The procedure on . BiU which ought to have originated in Committee of the Whole, but which haa been read a flrat iime by leave of the House, can be pro- ceeded with when the Houae haa aubae quently resolved itaelf in Committee of the Whole and adopted the Reaolutiona on which the Bill i« based i March 27, 1868.-Thc term •■ Trade," in it. general and popular sense, not being applied to insur- ance, a Bill respecting Insurance Com- paniee must not necessarily originate in Committee of the Whole House 3 March 28, 1870.-A Private Bill containing provisions not contemplated in. the notice given should be referred lo the Standing Committee on Standing Orders for report 4 March 29, 1870.-The House cannot instruct a Committee of the Whole to do that which it is already authorized to do 5 — 188 — DiTE. Paoi. AprU 8, 1870. - A Bill Irum Ih. S.n.t,. «rUiD ol.u«. of which would iiectMitate lome public expenditure, it in order, if it ta provided by a clauio of nid Bil! that no auch expenditure >ha 1 be made unlciw pre- vioualy inuctioned bjr Parliament « April 2S, 1870.-A„ obj«,tion to an amendment to reoom- nut a Bill to a Committee of the Wlnl, after a two atttinga debatea overruled beoauae it wa« made too lata 7 May 0, 1870.-Th« Houa. cannot iuatruct a Committee of the Whole to amend a Bill reapacting public eipenditure, ao aa to alter the nature of the ei|)enditure recommended bytheCrowu „ Mays, 1870.-1. The term •■ Trade" in it. general aenae not being applied to the intereat of money, a biU reapectmg that matter muat not neceaaarily originate in Com- mittee of the Whole Houae. 2. A Bill ia not in order when the HoUM h«a rejected a BUI aubatantially the same during the aame aeaaiun n March 16 and 20, 1871.-A» a genenJ rule, a BUI reapect- mg taxation ahould be preaeuted by a Miniaterof the Crown. If preaented by a private Member, a Miniater ahould aanume the reaponaibility of the Bill by aignifying the consent of the Govern- ment .g — 189 — Page. Aprils, 1871. -A Bill i. out of Ord« when it i. .t v»ri«nce with a previoui deciiion of the HoUM jg M»y a, 1872.-1. It i. not in Order to propow to refer a Bill to a Special Committee after the HoEie haa ordered to commit the Bill to a Committee of the Whole. 2. It is not in Order to propose to instnict a Committee of the Whole to do tUt which it is already authorized to do 17 May 17, lf72.— A Bill respecting Insolr. .cy must not necessarily originate in Committe of the Whole jg June 4, 1872.-A Bill is in Order when substantially different from another Bill on the same matter previously disposed of during the session on April 16, 1873.-Objecti3n to a Bill rultd out because the point raised does not apply to said Bill . . 21 April 30, 1874.-A Bill relating to Bank, and Banking should be based on Resolutions passed in Committee of the whole House 22 May 15, 1874.— Amendment to recommit a Bill to a Com- mittee of the Whole, ruled out 23 March 12, 1875. -A Bill containing urovisions of a private nature cannot be introduced as a Public K" 24 — 190- Oak. Paoi. April 1, 1876.— 1. Any smaudment oan be nude to n Bill in Committee of the Whole provided it i« relennt to the lubject nutter of the Bill, or pursnent to inetniotions. 2. An amendment to e Bill reitriotiTe of the expenditure of public mou' y ii in Ordor 26 March 8, 1878.-1. A Bill relating to Trade must originate by Beulutions in Committee of the Whole Houw. 2. Fines, penaltiea and fees can only be imposed with the oouaent of the Orown . 26 April 4, 1877.— A Bill cannot be re committed t.> a Com- mittee of the Whole House when the Question has been proposed ; that the Bill do pass 27 Aprils, 1878.— A Bill relating to Trade ruled out of Order, bemuse the propMsition was not first considered iu a Committee of the Whole.... 28 April 5, 1878.— An amendment to the motion : That Ihe House d"lh Kr^tm wiih the Senate in amendments to a Bill, must be revelant to said rimeudments 29 pril 24, 1878.-The o4lh Clause of the British North America Act, 1867, merely relates to appropriations, and does not bear on the mtmbm tlioiild bjr on iho Urtblii a docummt not pro- dnowl which ht quotM, nhould b« takm whan rt(«i*nm ii mad* to Iha doou- ""« gj Jana 11, 18W.— Tho axpmaiun " impartinanoa " appliad to a UaniUr of tha Boiua ia unparlia- mantary gg May 16, 1873.- It i» not in Ordor for a Hambar to raad bafora tha Hiiuaa doonmaiitaty aoidenoa and latten relnting to a charge rafarrad on a prarioua uocuion to a Salaot Cum- mittee for invettixation 67 SortmhttJS, 1873.— It U out of Order fur a Mambat to ■rate, iu the coune of a Debate, that tha Rapreientative of the Soreruign hai " nnt down " to tha Ilouaa •' for a purpoaa " Deapatohea of hia tn the Im- perial Ootcumant 59 April 7. 1880.— OfioUl papara quoted during a Debate •hould be laid on the Table of the Hooaa qq January U and 16, 1881.— No preamble ia allowed to a motifju to adjourn a Debate, and no amendment can be propoied to a motion to adjourn the Bouae, except aa to tha time of tha adjournment tfi Dati — 196 — MOTIONS Pmi, (Uoitioo. during th«i«,ioi,,!ipon Qum- whKh ihoald bt nuder it. diily Mpmi' °" «3 J»«. 10. im.-t. It i. not m(W.r,„p^p<« .„.„„,. ni.iit .Itering the lumnnn in which i> to >» "PPIW tha «p.nditur. of mon., Keprewnutiv. .,f th> Cro»n. «. An,m,„dni.nt to the wne elTect h ■woth« .m.ndment.Ire«l, di.po«d of bjr the Uoiue i, not in order. 94 June 12. im.-l.A, An..„dn..nt „.„„ „.«,„, „ „ »b.t.«t principle the eipendien^of, iTi.' "<*"■"""•"«• thetrecomnen- ded by the Crowu in Kcrolotion.. o.n be pr«po«d, ,uch .mendment having no pr«tic.I effect unl.« the «id i„creM«l expenditure 1. recommended by , n«w Unwge fnim the Crown. S. It i. out of Order to p«,po.. t<, ^„j ReecMotion. recommended by Me«.g, of «:^r'."i™":'.r:':'.":'?":.''.:!:? June 14. 186».-Motion for the impoeition of .n import duty rul«i out, bec»u«.uch prop.eiUon •hould emanate from the Governmtnl, 66 Datk. Pao>. Uuvh 30, 1870,— 1. An nmmdnant nlvvant to the main mutiun it ill Order. S. A mf'tion u nut imgulM on Moount of its Vflguanvn, 70 April 4| lfl70.— Motion ruled out I^eOftUH* involving » charge upon the public revenue, it ahould have oHfcinated in Committee of the Whole 78 April 4, It^O.— 1. Thii Huuie can adopt the Report of a Select Committee recommending meaau> ree ihtt might tr^d to the impoeition of some tHX or duty, Ronsidariug that such a re«ult dot'S not :nnctntirely follow luch recomoiendatiun. 2. Bills relating to Trade mutt originate ii. Committee of the Wholv, but the Rule does not apply to the Repfjrt of a Select Committee upon a queation relating to Trade 73 April 4 and 6, 1870.— A motiim cannut be moved to give an instruction t<> <* Cummiuion not yet apiwinted 75 April 23, 1870.— Motion ruled t>ut, no notice having baen given 76 March 6, 1671.— Motion respecting the division of the bebt between Ontario and (Quebec, so as to impoTO a burtlunon the peop]«, ruled out because it has not beon recommended by a Message frcm His Excellency the Governor General 76 — m — Oati, Taoi. M»»li »;«1> Publio Dubt, woh prDpodtioo ihoaM htr« origiuttd la CommilUa of thi WhoU 79 M»wh 23, 1«1.— An tniMidiiMnt, suUtAntUlly to the Mine tllHi M the ortgiml notion, but omitting ooMldanbU nultrr of wid main motion, ia in Order gf April 10, 1871.-lt retti with the diwrelion of the Houu •a to whether notice of a motion ahould be given or nvt, aeourding to tlie urgency of the nutter propoeed for conaideration. 85 AprillO, 1871.— A motion to ref., to a Select Committee the anawer to an Addreea reapecting a claim for dai.iagea againat the govern- ment, ia in O.dw, but the Kouae could not concur in a report from the Com- mittee recommending payment, without ihe previcua recommendation of the *'""™ ,. 87 ■April 11, 1871.-Motion rul«l in Order becauie, in con- tradiction with the objection taken, it diffete from another motion to the aame purpoee, upon which the Bouae had pre- Tiiu.ly paurd during the Seaaion. 1- ten if dimwn ill aimilar terma, it would atill be in Order, becauae the motion paaned upon had been offered by way of amend- ment, aa an altematire propoailion to the Houae go — 198 — M«y 27, 1872.— AnMndment ruled in Order, it beinj oorU- nent to the main motion ... 91 M«y 8, 1873.— No imondment ii allowed to an amendment " tliat thp iJouae de now proceed to the Orders of the day." 93 May 12, 1873.— Motion ruled out of Order becauae it ia not in nccordance with the notice given, 94 May 11, 1874 — An abitract proposition about the expen- diture of Public Money it in Order 95- May 11, 1874.— It ia out of Order lu move concurrence in the Report of a S kct Committee which the Hnuae ought not to have received. . . 96 May 20, 1874.— A Special Committee muat not embody in its Report the opinions of a Timilar Com- mittee appointed in a previous session . . 97 March lOr-id 11, 1875.-1. The House having decided to add certain wordK to a motion, it is not in Order to move to strikeout those words, or any of them. 2. It is out of order to make a motion ask- ing the House to depart from a Resolu- tion which it has just affirmed 98^ February 18, 1876. -It is in Order to move an abatract proposition respecting the revision of the l"»riff 100 March 2, 1876.— A motion pertaining to the administrative business of the House, can take prece- dence when the notices of Motions are reached 101 — 199 — Din. M.y»,1880-M«Uo„ n,W „„,, „„ „„„„ h.,; j^^^ P™ 102 P«kru„y !7. 188a-The notic. of . motion for . s.l«t Oommuiic ihould include th« namu of the members of the Committee. 103 M.rch 24, 1882.-TO move for . Committee of the Whole It M eofflcient to propoee the coaiidera' tion of a general question reapeoting the expediency of a particular meaiure 104 March 6, 1883.-Motion to appoint a Select Committee partly ruled out, beoauae no notice hav mg been given of the naraei of the mem- ber, to form the Committee, the namea could no: be added to the Motion without the unanimous consent of the Hou 105 March 13, 1834.-MoUon ruled out, no notice having ber- «*"" 106 March 17, 1884.-M„Uo,. ruled out, no notice having been «'"» 107 July 14, 1886.-Amei>dment ruled ontof Order becamie it. effect would have been to increase the burthen on the people beyond that re- commended by the Crown log March 15. 1886.-Motion nUed out. no notice having been «■"" 109 April. 6, l886.-Motion to alter the composition of a Select Standing Committee ruled out of Order, no notice having been given ' iflg May 26, 1887.-Mo.ion ruled out, no notice having being «"" fill — 200 — "*"• Paoi. February 21. 1880.— Ani»n:'m«nt ruled out of Order, not being relevant to the Queation Ill April 1, 1889 — It ia out of Order to move, aa an amend- ment to another queation, a motion on the Order Paper na a notice of motion . . 113 April 30, 1889. —Motion ruled , iit, no notioe having been given in Aprils, 1890.- -Motion out of Order, no notioe having been given m Julys, 1891.— Motion out of Order, no notioe have been gi'en 116 July 16, 1891.— Motion ruled out of Order, no notive ha- ving b«en given lift July 20, 1891.- Motion ruled out of Order, no notice ha- ving been given _ ^ hq August 17, 1891.— Motion out of Order, no notice having been given ny September 23 and 24, I891.-Having moved che adjoun.- ment of the " Debate " and apokon on the Queation, a member cannot make a aecond Motion jjg July 6, 1896.— Motion granting to a Select Standing Com- mittee leave to sit during the aittinga of the Houae, ruled out of Order, no report having been made to the Houae by the Committee aeking such leave 118 — 201 — °*"- Paoi Jane 1, 1898.— Motion ruled out ol Order, no notice bavingbeen given ijo April 7, 189S.— Motion ruled out, no notioe having been given XjH June 14, 1899.— Motion nlod out, no notioe having been given 122 PETITIONS. May 7, 1888.— Petition out of Order, inaamucb at it aaka for a grant of Public Money and baa not been recommended by the Oovernor General 123 April 20, 1869.— Petition ruled in Order because, contrary to the objection railed, it does not ask for any grant of Public Money 185 June 21, 18«9.— Motion to reler a iwlition to a Select Committee ruled out of Order, as it would involve an expenditure of money. 137 Apra 24. 1872.— Petitions nking for the appropriation of Public Money rultd out of Order. 128 AprU 26, 1872.— Petition ruled out becauie it would involve a charge upon the Bevenue J29 May 1, 1872.— Petition ruled out becaiice it would involve the expenditure of Public Money 130 May 3, 1872.— Petition ruled out of Order because it is not signed 13q — 202 — Daii. _ Paob M.rch 13. 1873._No m,.tion <»n be b«ed on « petiUon out of Ord« 13J March JO, 1873.-A,. EI«ti„„ p.,iti„„, .uUtwHJly com- plying with tha requirement* of the Uw, i« ruled to be in Order 134 Much 20, 1873.-Petitione reBpeeting an election ruled out of Order, bec^uie they do not comply with the law ^35 March 21, 1873.— Decision reepectiog the reception of a petition : -That Parliament ia formally opened only on tte day following the election of the Speaker 138 February 22, 1876. -Petition, ruled out of Order, becauae they would inrolve the expenditure of Public Money 139 March 3, 187o.-Petition out of Order, because it would involve the expenditure of Public Honey. 140 March 3, 187S.-Motion for reading and recoivinR a peti- tion ruled out of Older, no notice having been given 144 March 8. 1876. -Motion to refer a petition to the Com- mittee of Public Accounts, ruled out of Order because it could not be moved before it was called accordinj; to the Notice Paper 141 March 10, 1876. -Petition ruled out of Order, because it would involve the expenditure of Public Money 442 — 203 — Much II, 1876.— Petition out of Ordar, becauw in- volving » public clwrge it could only be received upon the recommendation of the Crown X43 Kerch 17, 1875.— Petition ruled out of Order, beceuae it would involve the expenditure of Public Money 143 March llj, 1875.— i'itition ruled out of Order, becauee involving a public charge, it cannot be recv red unleis recommended by the Crown, J44 March 22, 1878 — Petition out of Order, becauie involving a public charge, it cannot b« received unless recommended by the Crown 145 March 24, 1876.— Petitions out of Order, because involving a public charge it cannot be received unless recommended by the Crown 145 March 27, 1876.— Petitions out of Order, because involving a public charge they cannot be received without the recommendation of the Crown 148 Session of 1876. -Petitions not received because they in- volved a public charge 147 do —Petitions ruledout of Oider,becBuse the granting of their prayers would involve the expenditure of Public Money 148 — 204 — M.r,hlS, 1876. -Petition, out o/ Ord.r. .h.« bring J'"' •IgnMore on the .heeta oontainin. the pr.jren of tlie Pet.tioni .... 149 March a, Wd-A petition c„ut«„i„, „„ p„,„i.„„, "^^ 180 M«rch 28, 1876.-It i. „„t „, OMer to .tt«oh .pp,„dice. to the Petition! jgj Febra.ryl6,1877-Pe.ition.of.ge„e«lch.r.oter..,g„ed by penon> other than those immeJi.tely intereMed and aalcing for a modiacation or change of the financial or final policy of the Dominion, on the ground that •uch change wiU be beneficial to the country at targe, itand precisely in the position of petition! asking for an impo- mtlun of taxes foi general pnrpoae., and may coniequently be received by the °°"" 161 February 19. 1877.-AIien., not re.ident in Canada, have no right to petition the ParlUment of the l>'>minion j.- April 26, 1878. -The time for receiving Petition, for Pri- vate Bills having expired, such Petitions are out of Order and cannot be rt oeived . 164 February 24, 187a--A Petition U out of Order and cannot be received, when the sheet contoining Its prayer does not contain the signatures of at least three Petitioners 154 March 10. 1879.-1. P.,ia„„. „,,a „„, „, ^^^^ ^^^^ the granting of their prayeni would involve the expenditure of Public Money. 166 — 205 — Dati. - Paux. a. Petition! mt in Ordw, btoose the ■lieett containing the prayen do not bear the •Ifuaturai required bf the'Rulei of ""''''"« .". 156 MwAMend 19. 1879. -Petition, ruled out of Order, becHuw the granting of their prayeri would iuvolite n that the Houu cannot know what ia going on before the Committee of Sopply until the Committee reporta 173 Maroh 22 and 23, 1871.— The Uouie having decided to add certain worda to a motion, it is out of Order to propose merely to strille them 175 June 11, 1872.— Amendment ruled ont of Order, becauae it would involve a tux upon the people which ia not rvrommended by the Crown. 177 Blay 2, 1873.— An amendment to an amendment to the Motion for the House to go into Com- mittee of Supply ia not in Order 178 February 20, 1875.— Any motion to change the d«stination of a grant of money recommended by the Crown is out of Order 179 — SOT — Daw. ll«ch ». 1W6.-I, i. oBt of Ord.r to p«p«. , „„,„, torolTiog w iiKtMM of tlw unonnt of * lUioIution npottod frun the Oommitt.. ofSuppljr jgg r,\»w, 29, W6.-N0 .«b..m„dm«t en b. p,„p„«d to an >m«ndni.nt Ic. th* Hollos to form the HouM into CommittM of Supply. . 181 ApriI7«.d 8, 1876.-AB.„dn..nt ,„l.d out of Drier bec.u.e it »u not r«l«v«.t to the nbjeot matter of the main Motion 133 April 22. 1890.-An amendment irrelevant to the Queation under conaideration ia out of Order I84