Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 2)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896935052

URN:: urn:nbn:de:zbw-retromon-238139

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 2

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XI Seiten, Seiten 570-1100

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part IV. The federations and the union // Chapter I. The dominion of Canada

Collection:: Economics Books

CHAP, 1] THE DOMINION OF CANADA 739 the Court of Chancery of Ontario, by declaring the meaning of the Act of 1881 to be and always to have been that which it ascribed to it! Re-enactments of the law in 1882 and 1883 met with disallowance. This utterly indefensible action Was protested against by the Government of Ontario, which asserted with vigour, clearness, and much dignity that it Was no part of the duty of the Dominion to interfere with the operation of a Provincial Act within its legitimate activity. Finally in 1884 the Act was allowed to stand, the rates of payment being fixed by the county judges. The next series of cases is one more justifiable : it was flecessary in connexion with the contract for the construction of the Pacific Railway to give a guarantee to the company, & guarantee ratified by the Legislature of Canada in the session of 1880-1, that the Government would not permit for twenty years the construction of any line of railway south of the Canadian Pacific Railway from any point at or near the Canadian Pacific Railway, except such line as should Tun south-west or to the westward of south-west, or to within fifteen miles of latitude 49°. This agreement only referred in terms to lines authorized by the Dominion Parlia- ment, but the Dominion Government put upon it the mean- ng that it was not to allow any line, which was no doubt the sense intended. At any rate, they opened the game by disallowing in 1882 the Act (44 Vict. c. 37) of Manitoba, Incorporating the Winnipeg South-Eastern Railway Com- bany, despite the protests of that Legislature : they then disallowed in succession the Acts of Manitoba to incorporate the Manitoba Tramway Company (44 Vict. c. 38), to incor- borate the Emerson and North-Western Railway Co. (44 Viet. ¢. 39), and to encourage the building of railways in Manitoba (45 Vict. c. 30), on the ground that they were in conflict with the settled policy of the Dominion Government 1 regard to the direction and limits of railway construction 0 the territories of the Dominion. In 1886 they disallowed the Emerson Railway Act again (47 Vict. c. 68), and the Acts ! Canada, Sess. Pap., 1882, No. 149 a; Provincial Legislation, 1867-95, bp. 171 seq,

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