Assembly Chamber, Upper Fort Garry
Wednesday, 4 May 1870
The President took the chair at half-past two P.M.
The minutes having been read and approved the House resolved itself again into committee
of the whole on the Liquor Laws, Hon. Mr. Bunn in the chair.
The paragraph commencing with the words "on payment of the sum of Ten
Pounds sterling" was first taken up, and on motion of
Hon. Mr. Hay, seconded
by
Hon. Mr. Bannatyne, was amended by adding the word "retail"
before the word "liquor" on the sixth line, and the words "and also in all local
papers," after the word "reside" in the nineteenth line.
Paragraph carried as amended.
The two following paragraphs carried without alteration.
In the next the word "twelve" in the second line was changed to "twenty-four" and
the paragraph carried as amended.
The next paragraph carried.
The succeeding paragraph was as follows:
"Any person may sue an offender for manufacturing or selling without a license, and
shall be entitled to half the fine actually recovered."
"Any person may sue another for manufacturing illegally, spirits, wine or fermented
liquors or selling the same without a license, and shall be entitled to half the fine
actually recovered."
The next paragraph carried.
In the paragraph following, on motion of
Hon. Mr. Bannatyne all the words
after the word "any" in the fourth line, were struck out, and the words "any Indian
reserve" inserted. The object of the hon. mover, was, he said, to prevent the sale
of
spirituous liquors, not merely on the present Indian reserve, but on any land which
might be set apart as an Indian reserve.
On motion of
Hon. Mr. Hay, seconded by
Hon. Dr. Bird,
the first paragraph under the head "Wholesale Licenses" was amended by striking out
the
words "Ten Pounds" in the seventh line, and inserting the following:— "not less than
Twenty Pounds sterling, and not more than Thirty Pounds sterling." — Paragraph
carried
Hon. Mr. Bannatyne, seconded by
Hon. Dr. Bird, moved to
add a clause requiring wholesale licenses to be granted twice a year — on the first
day
of June, and first day of December — The latter motion dropped.
Next paragraph carried.
Hon. Mr. Hay moved the adoption of the third paragraph under the head
"Wholesale Licenses," which was as follows:
"Such Wholesale Licenses shall be issuable by the Benches of District Magistrates
in their several districts, on the first week day of December, and on no other day
to persons applying to the President either before or after that day."
Hon. Mr. Tait moved an amendment to the effect that Licenses might be taken
out at any time during the year.
Hon. Mr. O'Donoghue, seconded by
Hon. Mr. Olone, moved
in amendment, that all wholesale licenses shall be granted by the President of the
Fort
Garry District Court on the first week day in June and the first week day in December,
and on no other day.
The fourth paragraph, giving magistrates power to grant or refuse the license in every
case, was struck out, on motion of Hon. Mr. Tait seconded by Hon. Dr. Bird.
Hon. Mr. O'Donoghue — I think there should be conditions attached to the
license of a wholesale as well as a retail liquor dealer. Many of the conditions to
which the latter are subjected, it would be well to bring the wholesale man under
also
(hear, hear).
Hon. Mr. Tait — The only conditions I would like to impose is that they
should sell good liquor (laughter).
Hon. Dr. Bird did not see the necessity of further binding the wholesale
dealer. All the early clauses of the law, in some of which the fines set forth were
very
heavy, included wholesale as well as retail dealers.
Hon. Mr. Hay moved in amendment that the following clause be added to the
paragraph:—
"And that all selling be confined to the premises for which this license is granted."
Hon. Dr. Bird and
Hon. Mr. Tait opposed Hon. Mr. Hay's
amendment on the ground that it would sanction a gross injustice. The nature of the
wholesale business was such that many buildings and stores in different sections were
often required for it.
Hon. Mr. Hay contended that the wholesale man should in this respect be
placed on no better footing than the retailer. If they did not add his proviso,
wholesale men would be enabled to peddle liquors all over the country.
Hon. Mr. O'Donoghue seconded the amendment which was carried on a division —
Yeas 14; nays 2.
In accordance with the suggestion of the Chairman the Committee agreed to amend sub-section
2, Article V, by inserting therein the words "Good Friday and Christmas Day."
Hon. Dr. Bird moved to add the following clause in reference to
manufacturing of spirituous liquors or beer —
"That on payment of the sum of Fifteen Pounds sterling, it shall be lawful for the
District Magistrates in their several districts assembled during the session of any
District Court, to guarantee a license to any person to manufacture and sell by wholesale
spirits, wine, or beer."
Hon. Mr. Hay, seconded by
Hon. Mr. Garrioch, moved in
amendment that the words "Fifteen Pounds sterling" be struck out of the motion and
the
words "Ten Pounds sterling" be inserted instead thereof.
Hon. Dr. Bird contended that as the manufacturer clearly had the advantage
of the importer he ought to contribute Five Pounds per annum [illegible: then?] towards
the revenue. The manufacturer besides being exempt from import duty, was able to distil
his liquor for, say, Six Shillings per gallon; whereas, the importer's liquor cost
him
Ten Shillings to Twelve Shillings per gallon.
Hon. Mr. Hay differed with the hon. member, and if any change were to be
made he would either place the importer and manufacturer on equal terms or else
discriminate in favor of the latter.
Amendment carried on a division:— Yeas 9; nays 8.
Committee rose and reported the adoption of the resolutions which had been before
them.
House took a recess of half an hour.
The President having resumed the chair, business having been resumed,
On motion of
Hon. Mr. Bannatyne, seconded by
Hon. Mr.
Poitras, the President was requested to name a member to preside, in order
to allow him (the President) more liberty to attend to other matters of public
importance.
The President having thanked the House for acting on this suggestion, which
he had previously thrown out, called the Hon. Mr. Bunn to the chair and retired.
The House then resumed the consideration of the Law Committee Report.
Article VI, under the head "Customs Duties," with the articles up to and including
the thirteenth, was taken up and adopted.
Article XIV being put,
"That a duty of two shillings per gallon should be imposed on all wines and Spirituous
Liquors imported into the country,"
Hon. Mr. Bannatyne, seconded by
Hon. Mr. T. Sinclair,
moved in amendment that the words "two shillings" in the article be struck out, and
"one
shilling" inserted, and that the article, so amended, be adopted.
Article I, under the head "Constables" was amended on motion of
Hon. Mr.
Bannatyne, seconded by
Hon. Mr. Olone, as follows:— In
the first line, the words "not exceeding fourteen," were struck out, and the words
"not
less than sixteen" inserted. In sub-section 2, the figure 2 was changed to 3 and in
sub-section 5 the figure 2 was also changed to 3. This gave a total police force of
not
less than sixteen, distributed as follows: Manitobah 1, the Portage 2, White Horse
Plains 3, Fort Garry 7 (2 of whom are for special duty in town), and St. Andrew's
3.
The original motion placed the total number at not more than fourteen, with two for
St. Andrew's, and two for White Horse Plains. On motion of
Hon. Mr. Sinclair, seconded by
Hon. Mr. Hay, the constables for St. Andrew's were increased to three; and on motion of
Hon. Mr. Poitras, the White Horse Plain constables were increased to three.
Article carried as amended, and the two following articles were carried.
The Chairman moved that Article I under the head "Intestate Estates" be
amended by substituting for the word "intermeddle" the words "dispose of, or
distribute."
Not being seconded, the amendment dropped and the article carried.
Articles II and III were also carried.
Article I under the head "Postal," carried.
Hon. Mr. Sinclair moved that after the word "Pembina," in the second
Article, the words "twice a week" be inserted.
Article III carried.
Article IV was also carried, with the addition of the word "Winnipeg" after the words
"General Post Office."
Article V carried.
Hon. members were moving off at once, when,
The Chairman ruled that the motion had not been properly seconded, seven or
Eight members were on their feet at the same time — and amid the confusion he did
not
hear it seconded.
The amendment was then moved as an original motion.
The Chairman ruled that an amendment to a motion for adjournment was out of
order, and adjourned the House till ten o'clock next morning.
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