Thomson's manual of Pacific Northwest finance

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Monograph

Identifikator:: 1838857176

URN:: urn:nbn:de:zbw-retromon-229226

Document type:: Monograph

Title:: Thomson's manual of Pacific Northwest finance

Place of publication:: Seattle

Publisher:: Thomson's Statistical Service

Year of publication:: 1930

Scope:: XXX, 487 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Monograph

Structure type:: Chapter

Title:: Section VI. Public utilities

Collection:: Economics Books

MONOPOLIES. 255 view taken by the Judicial Committee, as to the meaning of the words “regulation of trade and commerce,” though it is expressly stated that « their Lordships abstain on the present occasion from any attempt to define the limits of the authority of the Dominion Parliament in this direction.” They held however that the authority to legislate for the regulation of trade and commerce did not comprehend the power to regulate by legislation the contracts of a particular trade, such as the business of a fire insurance in a single province. The subsection in question is limited in its operation by Limita the effect of some of the provisions in section 92. To tons. prohibit the sale of certain articles in the public street is an interference with trade, but it was held that a by-law of a municipal body to this effect was not ultra vires of a provincial Legislature, inasmuch as it related to police or municipal matters which are within provincial control”, The power of the Dominion Parliament to legislate on trade and commerce is limited by the implied or incidental power the provinces have of passing laws necessary to give effect to the express powers of legislation committed to them. On this ground the Quebec Pharmacy Act 1875, requiring qualifications on the part of persons exercising the business of selling drugs and medicines, was held valid® as falling within “local ” matters in the province. The Dominion has also sole jurisdiction in 1. Patents of Invention and Discovery. s. 91 (22). 2. Copyrights. s. 91 (23). 3. Incorporation of Banks. s. 91 (15). 12. MONOPOLIES. L Re Harris & the Corporation of City of Hamilton, 44 U. C. Q. B. 641; 1 Cart. 756 ; see also Hodge v. The Queen, L. B. 9 App. Cas. 117, and the cases in Cartwright, vol. ii. ® Bennett v. Pharmaceutical Association of Quebec, 1 Dorion’s Quebec Appeals, 336; 2 Cart. 250.

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