96
DEBATES AND PROCEEDINGS
LOCAL CONSTITUTION.
Hon. PROV SEC. moved the third reading of
the bill in reference to duration of and representation in the General Assembly.
Mr. ANNAND moved that four members be
given to Halifax county, two to the city, and
two to the county outside the city. Negatived.
Mr. ANNAND again moved that the bill be recommitted for the purpose of giving four mem—
bers to the county of Halifax. He did so, because during the debate the principle
of representation by population had been recognized as
the true one. In fact, it had been to a certain
extent recognized in the case of Halifax and
Pictou, but he did not think the bill went far
enough.
Hon. PROV SEC. said he did not look upon
this motion as in the slightest degree affecting
the principle of the bill, and the House was at
liberty to pass or reject it. He would, however,
vote against the resolution, for he felt that Halifax would have fully as much influence
as she
ought to have in the Legislature. Indeed. Halifax now had an amount of weight in the
Legislature beyond that of any other part of the Province.
Mr BLANCHARD said that if the resolution
passed then Halifax would have a representation
equal to that of half of the Island of Cape Breton.
Mr TOBIN said that he would vote for the resolution in entire deference to the hon.
member
for East Halifax. That hon. member had no
doubt made the motion with the hope of placing
the representatives of the city. If possible, in a
wrong position, but he would find himself mistaken. He (Mr. T.) would be very happy
if
the House would grant the additional representation to Halifax.
Mr PRYOR would also be happy to vote for
the resolution, particularly as he appreciated the
motives of the hon member who moved it.
Mr. LOCKE said that he believed his hon.
friend, the member for East Halftax, would have
to sit alone on his side of the House.
On a division the resolution was lost by 5 to 36
Yeas-Tobin, Pryor, Annand, Shannon, Bal-
cam.
Nays-Killam, D. Fraser, Allison, J. Fraser,
Bill, Hill, Longley, Heffernan, Hatfield, Hebb,
Townsend, Whitman, Parker, Kaulback, Jost,
Bourinot, Donkin, Miller, McFarlane, Prov.
Secy., Stewart Campbell, Locke, Fin. Secy.,
Robertson, Blanchard, Smyth. Cowie. Brown, J .
Campbell, McKinnon, Ross, Collin, Blackwood,
Colin Campbell, Caldwell, Ray.
Mr. ANNAND then moved that the bill be, deferred until the next session of the Legislature.
Negatived by 18 to 30.
Yeas—Killam, Hebb, Hatfield, Balcam, Ross,
Locke, S. Campbell, Robertson, Annand, Ray,
Coffin, Brown, Blackwood.
OF THE HOUSE OF ASSEMBLY 97
Nays—J. Fraser, McDonnell, Heffernan. Allison, Shannon, Pryor, Townsend, Whitman,
Parker, Kaulback, Jost, Bourinot, Donkin, Hill,
Tobin, Miller, McFarlane. Langley, Prov. Sec.,
Fin. Sec. Blanchard, Archibald, Colin Campbell. P. Smyth, McKinnon, J. Campbell, Caldwell,
Attorney General.
The bill to amend chap. 2 R. S. of Executive
and Legislative Disabilities was next taken up.
Mr. ANNAND said that it was certainly note
worthy that a different system was pursued in
Canada, and would probably also prevail in New
Brunswick. It would be interesting for the
House to know why a diflerent rule was followed in this Province.
Hon. PROV SEC. said that the Act of Union
which was now the law of the realm, having
received Her Majesty's assent, left it in the
power of the local Legislatures to form their
own constitution. It was therefore the privilege of this house to arrange that constitution
as it might deem most advisable for the
public interests. When the Legislature of
ew Brunswick met, no doubt the subject
would be considered and arranged as might
seem best to the Representatives of that Province. He believed that the members of
the
local Legislature should be able to approach
the discharge of their public duties entirely
untrammelled by any duties irrespective of
their local position. If a gentleman should sit
in both the local Legislature and the general
Parliament, the duties of one would probably
come into conflict with those of the other.
The great object should. be to have
a representative go to the local Legislature or general Parliament with his Judgment
unbiassed. Again, if there was a member of the general Government sitting in the
local Legislature, he would be placed in a. very
embarrassing position; for he might be questioned as to matters of public policy when
separated from his colleagues, and without the
means of communicating with them. Such
considerations had induced the Government
to bring forward the present bill.
Mr. S. CAMPBELL gave it as his opinion that
it was quite competent, under the terms of the
bill, for any person, at the first election. appearing as a candidate for both the
local Legislature and general Parliament.
Some discussion then took place as to the interpretation that might be put on the
bill.
Hon. PROV SECY. said that it was impossible to prevent any person being nominated for both houses.
Mr. ARCHIBALD said that a candidate would
have to select the house he would sit in.
Hon. ATTY. GEN. said that in England there
was no law to prevent a person being nominated and returned for half a dozen constituencies,
but he must make his election of one
of them before he could take his seat, All
that was intended was not to take away the
right of the people to choose any person they
might think proper. He had looked over the
bill, and believed it to be as carefully drawn
as it was possible under the circumstances.
He appreciated the arguments of hon. members, but he did not see any necessity for
alteration or addition of words. It was not advisable to make any conditions that
would
trammel the people or lead to difliculties hereafter. It was proposed, for instance,
to put in
Â
the words " with his consent;" but it might
happen that a person might consent to his return, and it would not be so easy to prove
it.
The best the house could do was to prevent
any individual taking his seat both in the general Parliament and in the local Legislature.
Mr. ARCHIBALD said that no person ought
to be in a position to choose between the
seats.
Mr. LOCKE said that " with his consent "
would not answer, for a person might be nominated in his absence.
The bill was left over until the next day,
that the Attorney General might see whether
any alteration in the bill was necessary.
The bill in reference to the departmental
officers and their salaries was then taken up
and passed.
THE LEGISLATIVE COUNCIL.
" Resolved, That a humble Address be presented to Her Majesty the Queen, requesting
that Her Majessy will be graciously pleased
to establish the number of the Legislative
Council of Nova Scotia at eighteen members,
and to provide that absence for two sessions
consecutively shall vacate the seat of a Councillor, and that the Legislative Council
be invited to join this house in such Address.
"Resolved, That a conference he requested
with the Legislative Council, by committee
on the general state of the Province, and
that the committee of this house be requested
to communicate to the committee of the
Council the foregoing resolution."
MISCELLANEOUS.
Mr. PRYOR reported up several bills, without any amendment, from the Committee en
Private Bills.
Hon. ATTY. GEN. introduced an act to incorporate the Windsor and Annapolis Railway Company. He explained
that in consequence of the financial diflîcultles that prevailed in England last year
the original contractors for the work were obliged to give up
the contract. He was glad, however. to be
able to say that the government had been
able to enter on a new contract for the accomplishment of the work. The name of Thomas
Brassey would be sufficient guarantee that
the work would be substantially and expeditiously completed. He pointed out the great
advantages t at would result to the Province from
the capitalization of the subvention, in reference.
to which he had introduced a bill on a previous
day.
This individual participated in:
