CHAP.I] THE DOMINION OF CANADA 709
that case a Dominion statute (60 & 61 Vict. ¢. 72) had
incorporated a company with powers as to the sale of elec-
tricity which extended over the whole of the Dominion, and
on the other hand the appellant company had received
privileges from the Legislature of Quebec (2 Edw. VII. c. 76 ;
¢ Edw. VII. ¢. 84), which were in part exclusive of the
Operations of any other company. It was held by the
Judicial Committee that the Provincial Act could not be
held to limit the privileges conferred by the Dominion Act,
and that therefore the company incorporated by the
Dominion Act must be deemed not to be affected by the
Provincial Act. This case is interesting especially in view
of the fact that the provinces have continually passed
legislation requiring Dominion companies to take out licences
85 a condition of carrying on operations in each of the
Provinces, The matter has been repeatedly considered by
Successive Ministers of Justice, and the tendency has been
to doubt whether the power to insist on the taking out of
a licence exists at all, or at any rate whether it exists in the
case of companies which are incorporated under the powers
granted specifically to the Dominion Parliament by s. 91;
but there is as yet no final decision on the matter.
(r) Railway Companies, dc.
The position of railway companies is of increasing impor-
tance and interest. The net result of s. 92, subsection 10 (a)
of the British North America Act, when read in conjunction
with s. 91 (29), is to confer upon the Dominion Parliament
exclusive right of legislation with regard to railways, canals,
telegraphs, and other works, and undertakings connecting
a province with any other province or provinces, or extending
beyond the limits of the province. This provision, however,
still leaves difficulties, for the legislative power must be
exercised within the sphere of the subjects with which it
deals, and it is by no means easy to determine what is to be
regarded as being fairly legislation concerning railways, and
what would be an infringement of the powers of the province
to legislate exclusively regarding property and private rights.
