Mr. TEMPLEMAN. This only increases the amount to be paid for a bonding wareI desire to ask the premier if that is house license from $20 to $50 per annum. - correct?

On section 3,

Paragraph (h) of section 311 of the said Act is repealed and the following is substituted therefor :

(h) for determining the time and manner of payment of the duties on foreign raw leaf tobacco and other materials taken for use in any tobacco or cigar manufactory.

ence on the part of a political organization in the appointment to an office which should be non-political, should be kept strictly apart from all political considerations. I had hoped, when I saw that intimation in the press, that, upon receipt of that recommendation at Ottawa, the Prime Minister, if it came to his noticeMr. TEMPLEMAN. The only change is as I suppose it would come to his notice the addition in the second line of the words as the man most concerned in the appointand other materials'. The duties are paid ment-would administer to the committee in tobacco factories in three kind of pack- in British Columbia the snub which their ages, ten, twenty and thirty. We have auth-course deserved, would have informed ority to provide for the arranging of the them that, with respect to the office of manner of payment of the duties on for- Lieutenant Governor of British Columbia, eign raw leaf tobacco, and we want to use they were exceeding their jurisdiction, they the words 'other materials'. Since the last were violating the laws of propriety, in change in the Inland Revenue Act, there is making any recommendation of that kind, a duty of 16 cents per pound on other ma- particularly in making it in the public terials that go into the manufacture. and theatrical manner in which they did make it. In pursuance of that idea, I placed a question on the Order Paper in

Bill reported.

Mr. TEMPLEMAN moved the third read- the hope that the Prime Minister in answering.

Mr. BLAIN. I would like that this Bill should stand over for a third reading. Mr. SPEAKER. Next sitting of

House.

the

SUPPLY-LIEUTENANT GOVERNOR-
SHIP OF BRITISH COLUMBIA.
Mr. FIELDING moved that the House
go again into Committee of Supply.

Mr. J. D. TAYLOR (New Westminster). Mr. Speaker, before you leave the chair, I desire to call the attention of the House to a doctrine laid down by the Prime Minister (Sir Wilfrid Laurier) recently in dealing with a question which I had placed on the Order Paper in pursuance of the privilege conferred by rule of this House that members may, on due notice given, ask questions relating to public affairs. Sir, the question which I put related to the public affairs of this country, inasmuch as it referred to an appointment which is not exceeded in importance by any other appointment in the gift of the Dominion government, the office of Lieutenant Governor of British Columbia. We had an intimation through the newspapers that a political organization in British Columbia had by formal resolution passed, made a recommendation to the government at Ottawa that a certain gentleman should be appointed Lieutenant Governor of that province. This recommendation was made in the most public manner as a notification to other persons concerned to 'keep off the grass.' It was a notification that the British Columbia executive of the Liberal party having made such a recommendation, it was idle for any one else to butt in on that preserve, and that all should govern themselves accordingly. To my mind, that was a most shocking interfer

ing it would have clearly laid down the principle I have indicated, and that his answer to that committee in British Columbia would have been a warning to

political associations everywhere that here was an office upon which they must not lay their hands. I may say frankly that I was disappointed when I received the reply from the Prime Minister that,

Information of the description asked for in sidered by the government or by any ministhe first part of his question would be conter as absolutely private matter.

Sir, I must dissent from the doctrine that a recommendation on the part of a public association such as the association I have described can properly be considered by the government of this country a private matter. To my mind it is an essentially public matter, a matter as to which we are entitled to have the most complete information. To my mind, we are entitled to know what has been done with respect to that application. would be entitled to it even under ordinary circumstances; but I claim that we are very specially entitled to that information in view of the very special circumstances respecting the gentleman recommended by this resolution for the Lieutenant Governorship of British Columbia.

We

We have observed by the press that an election has been in progress in British Columbia. We have observed that one of the candidates in that election is the very gentleman whose application for the appointment of Lieutenant Governor has been favoured by the chief political association in the province. We find that gentleman, with this appointment as good as in his pocket-unless the government had turned down the recommendation in the manner in which I thought it should have been

turned down; unless the government consider that the publication of the recommendation of the patronage committee was absolutely fatal to the claim of the gentleman to whom I have referred-I say we have this gentleman, with the appointment of the Lieutenant Governorship of British Columbia as good as in his pocket, campaigning in that province against that very government on which he expected to sit in judgment as soon as that appointment was made. I invite the attention of this House to the condition these facts indicate, to the intolerable condition so far as the provincial government is concerned-that a man should be one day on the hustings making most scandalous charges against the provincial government and the next day be called to the office of Lieutenant Governor. I do not wish to go into details, because this is a question of principle which I do not wish to befog with a cloud of words. But I wish to indicate the nature of the charges which this Lieutenant Governor designate has been making against the government of British Columbia, charges so grave that they have been made the subject of an editorial in the chief Liberal organ of Canada, the Toronto 'Globe.' We read in the Toronto Globe' the following:

The British Columbia election campaign has brought out the startling news that Premier McBride issued a secret order in council directing the sale of 3,238 acres of land in the Okanagan Indian reserve to a political favourite. The price at which this alleged sale was effected was $2.50 per acre, and as similar lands are sold in the neighbourhood for $300 and $400 per acre the fraudulent nature of

the sale to him of these lands, that, provided he could obtain the lands from the Dominion government having paid to them whatever price they saw fit to declare, the reversionary interest of the province of British Columbia in these Indian lands would be conveyed to him on the payment of the sum stipulated in this bargain. But we have this gentleman on the stump making a charge of deliberate fraud -a charge certainly so understood by the public and by the chief Liberal organ in Canada, and spread broadcast over the whole Dominion.

I think we are entitled to a pronouncement from the government on that question, an assurance that no man who has so stultified himself shall be considered to be eligible for appointment to the office of Lieutenant Governor, that our provincial governments may be protected from the insult to which they would be exposed by such appointments. I believe that we are entitled to have it laid down and clearly understood by the government and by all applicants for office, that public office is not to be given as a reward for participation in a political campaign, that we should have it made clear in British Columbia that these expedients will not be resorted to when it is impossible to get candidates to appear voluntarily against a government such as that of Mr. McBride, which has the confidence of the whole people of British Columbia-I believe there was one Liberal elected, a despatch appeared this morning in the newspapers, indicating that three Liberals had been elected, but I am told that the Minister of Inland Revenue, who represents British Columbia in the government, has subsequent returns which bring down the number of Liberals elected in British Columbia to one, or at the most two. So I say we are entitled to have from the government some assurance that Here, Sir, we have, as the Globe' sums possible candidates will not be induced to it up in referring to the incident, a charge enter the field of politics by promises of apby the man who, so far as we know, it is pointment such as lieutenant governorproposed to make Lieutenant Governor of ships, or positions on the Supreme Court the province-because, when the govern- and appeal court benches of British Columment had an opportunity to deny it they bia. I refer to the Appeal Court bench did not deny it, but said it was their pri- more particularly because of information vate affair-that the McBride government which I gather from the newspapers, that a has made a fraudulent sale of the public very serious wrong has been perpetrated lands. Before referring to the bearing of there because of the holding up of the apthat charge upon the question I am dis-pointment of judges to the Appeal Court cussing, I might say, in justice to the Mc-bench until after the election which was Bride government, against whom charges decided yesterday when the gentlemen of fraud do not lie and never have, that this allegation of this Lieutenant Governor designate is purely gratuitous, since the provincial government has no power to sell the lands referred to. So far as this alleged agreement of sale is concerned, it was merely an agreement between the provincial government and a gentleman who was applying to the Dominion government for

the transaction is obvious.
The dis-
closure was made by Mr. Wade, K.C., in a
campaign speech at Nelson, and it has not
only startled the province, but has caused an
uneasy feeling throughout the Dominion.

who were in the field as candidates would be released from the embarrassment of that position. I find that a man is imprisoned in the district of New Westminister, consigned to prison by a county court judge there conditionally upon the appeal court answering certain questions referred to them in a certain way. I find it stated in the press

that the judgment intimated that the have been notified by the present incumAppeal Court was meeting on Novem- bent of the office that he does not intend to ber 2, and therefore no hardship was occupy the position beyond a certain date, involved by this peculiar sentencing, and when that date arrives, it will be our pending an appeal to that court. This duty to make an appointment and then we unfortunate man is now appealing to shall be open to censure or approval upon the county court for a rehearing on the the recommendation we shall make to His ground that there is no appeal court to Excellency, the Governor General. If at which his case can be referred and in the that time the selection which we make is meanwhile he languishes in prison while not satisfactory to my hon. friend or to the bench of British Columbia is being any member of the House we shall be made a football for what appears to open to criticism, but I think it would be be the political convenience of the per- fair of my hon. friend to wait until we have sons who have the appointment of these taken action before he criticises us. appellate court judges. I think that this My hon. friend tells me we should have incident of the lieutenant governorship rebuked the gentleman who presumed to and of the withholding of the appointment advise us to appoint Mr. Wade if any perof judges is a scandal. That it is so re- son did presume to give such advice. I do garded by the people of British Columbia not know but there may be some merit in was made evident yesterday in no uncer- the suggestion of my hon. friend that we tain way. By their vote they showed the should rebuke any such attempt whenever opinion they hold respecting the action of it comes, but if we are to rebuke every one this government in these transactions, and I who offers us advice that we should appoint believe that as one of the representatives Mr. Wade, what are we to say to or how of British Columbia in this House it is my shall we treat that gentleman who says duty to call the attention of the government we should not appoint Mr. Wade? Does my to these facts, as possibly otherwise hon. friend see any difference at all between they might fail to recognize the voice the one advice and the other? If somebody of the people expressed at the polls from British Columbia says Mr. Wade is à yesterday, as indicating to them the fit and proper person to be Lieutenant Govstate of public sentiment in British ernor of British Columbia and if this be, Columbia with respect to our treatment in the eyes of my hon. friend an offence, by the government at Ottawa, in their how should we characterize the conduct of manipulation of offices such as that of the gentleman who tells us that Mr. Wade lieutenant governor and Appeal is not a fit and proper person to be LieutenCourt I fail judge. I would like to have it brought out ant Governor of British Columbia? here that even if this thing has occurred, to see why if it is wrong in one case it can even if, for diplomatic reasons, the be right in the other. I have to say to my ernment do not like to admit having receiv- hon. friend that it will be our duty to caned the recommendation I have indicated, vass the condition of things and try to make and do not like to indicate whether or not the best appointment possible in British Cothey have made a promise to these particu-lumbia. I go further. I have no hesitation lar gentleman, we shall receive an assurin saying that the appointment which we ance that nothing else of this nature will shall make in British Columbia will be unbe tolerated. impeachable even in the very particular eyes of my hon. friend. As to the advice ceive advice from all quarters and from which is offered to us, we are liable to rethe privilege of any body to offer advice everybody. This is a free country. It is whether it is proper or improper, but we receive such advice wherever it comes from. If it comes publicly we receive it, if it comes privately we receive it also, but I dissent altogether from the view advanced by my hon. friend that if any one chooses to write to us with a recommendation to make an appointment whether to the position of a messenger or any other position, that is a thing to be disclosed to parliament. I refuse to accede to that position and this has always been our attitude. We are liable only for the action we take. cannot be seriously contended that we must be responsible for the letters tendered to us, on this or that question, above all on questions of appointments which are sent to the ministers for their guidance.

gov

Sir WILFRID LAURIER. On a previous occasion my hon. friend who has just taken his seat (Mr. J. D. Taylor) put the following questions to the government:

1. Has the government or any member thereof received from the executive of the Liberal Association for British Columbia, or any other political organization, any recommendation purporting to be made by resolution of that body, in favour of the appointment of F. C. Wade, K.C., as Lieutenant Governor of British Columbia? If so, what reply has been made?

2. Is the office of Lieutenant Governor one as to which the jurisdiction of patronage committee is recognized?

I have no objection to admit that we are responsible for any action which we may take. At an early date we shall have to make the appointment of Lieutenant Governor for British Columbia because we

It

I

529

NOVEMBER 26, 1909

have no hesitation in saying to my hon. friend that sometimes advice is offered to us in matters on which I think we should not receive any, and as to which we should be competent to discharge our duties, but we should not canvass these things too critically and too minutely. I have only to say that we must be judged in these matters by the result and by our actions and the time will come before many days are over when we shall have to take action. Then I shall invite the criticism of my hon. friend.

Mr. BURRELL. Mr. Speaker, I would like to point out, in very briefly replying to the right hon. the First Minister (Sir Wilfrid Laurier), that this question is rather more important in its bearings as to the people at large in this country than he seems to imagine, and before saying another word I would also like to point out that the hon. member for New Westminster (Mr. Taylor) did not specially offer the government any advice as to the appointment or non-appointment of Mr. Wade, but he rather indicated a line upon which Mr. Wade's appointment in this case would not be in the interest of the community at large because he would necessarily be a partisan after his indulgence in the political contest prior to the provincial election. Any man who had participated in the way he had done in this contest would necessarily put himself out of the pale of strict impartiality, which quality is so desirable in the occupant of the distinguished position of Lieutenant Governor. I also want to say one word upon this for the reason that this whole matter was discussed in connection with the appeal court the other day, and as it has a distinct bearing upon this question, I have to make some extended explanation touching upon this debate to-day. Referring to the delay on the part of the hon. Minister of Justice (Mr. Aylesworth) in filling up the appointments to the new Court of Appeal of British Columbia, I made a statement regretting that those whose names were being bandied about by the press and the people of British Columbia as being likely appointees to the bench had unfortunately dipped strongly into the partisan politics of the day and, in saying that, I made this remark:

So far has it gone that some time ago despatches were published in the chief Liberal newspapers announcing that the late leader of the Liberal opposition in British Columbia, a gentleman who has the unfailing respect of all people in British Columbia, Liberals and Conservatives, and that gentleman and his friends seem to have attached such full credence to that report that he retired from the leadership of the Liberal party in British Columbia and, to his credit, is not taking any part in the campaign now in progress.

I would like to add that, while I do not take anything from my words in regard to the respect in which that gentleman, the late leader of the opposition, is held in British Columbia, it is my firm impression that much as he might have regretted dipping into the campaign, he was forced by the exigencies of party pressure to take part in it because it is very singular that on the very day on which I made that reference in this House, November 12, I have a report that:

J. A. Macdonald was the last speaker of the evening.

I am referring now to the gentleman who is to be made chief justice of the new court of appeal according to the despatches which have been printed. The report is of a meeting at Rossland:

He devoted his time principally to throwing cold water on the McBride railway policy. Not very effectually, Mr. Speaker, as, of The point is of the course, you can see. greatest importance, and I think not only that my hon. friend from New Westminster is within his rights but that it is a timely thing to insist that, whether one party or another is in power in the Dominion or in a province, good government is impossible, and it will be impossible to fill high positions which should be above party, such as appointments to the judiciary and Lieutenant Governorships, if we have to wait and give these appointments as political rewards to those who will work for their party to the eleventh hour and the fifty-ninth minute. That is the point that I The want to make. I think it is a point that cannot be too strongly insisted on. Minister of Justice, the other day, in his reply on this matter, stated that they would take their time, that it was not his delay or the delay of his department, and that he hoped to make the appointment from a list Well, of gentlemen who were qualified to fill these positions on the court of appeal. that may be true and while it is significant that the old Greeks represented justice as blindfolded because it was in the interest of no side or of no party and because justice should be dispensed evenly, it seems that if the head of the department was blindfolded the bandage must have slipped a little down so that he could get a view of the situation as it occurred in that western province, and I am sure we will agree that his last view must have been extremely discouraging. I do hope that in the interest of good government all over the country the Prime Minister himself-and we recognized, I think, that he is not always driven by the exigencies of party politics, that he must clearly see how subversive it is of the best interests of the country-we will see less of these practices which have been followed of late in British Columbia and