Full text: Responsible government in the Dominions (Vol. 2)

740 THE FEDERATIONS AND THE UNION [PART IV 
(47 Vict. c. 70 and amending Acts) incorporating the Manitoba 
Central Railway Company, and in 1887 the Act incorporat- 
ing the Rock Lake, Souris Valley, and Brandon Railway 
Co. (48 Vict. c. 45)! the Acts regarding the Emerson (50 Vict. 
¢. 54) and Central Railways (c. 1), and the Acts incorporating 
the Winnipeg and Southern Railway Company (50 Vict. c. 2) 
and the Red River Valley Railway Company (50 Vict. c. 4). 
In 1883 the Acts passed by British Columbia to incorporate 
the Fraser River Company (46 Vict. c. 26) and to incorporate 
the New Westminster Southern Railway Company (46 Vict. 
¢. 27) were also disallowed in furtherance of the same policy. 
Naturally Manitoba was up in arms after this wholesale 
disallowance of the Provincial Acts merely because of a sup- 
posed federal interest, and the relations of the two Govern- 
ments, which were destined in a few years to bring ruin on 
the Conservative party in the Dominion, assumed a serious 
aspect : the Dominion Government felt that it must attempt 
conciliation, and therefore arranged with the company to 
abandon the rights they had on consideration of certain 
further privileges conceded to them and ratified by an Act 
of Canada in 1888.2 The dispute between the two Govern- 
ments thus terminated, but it was to be renewed in the 
Courts, since in 1888 the Railway Commissioner of Manitoba, 
under the statute of 1888, which was no longer disallowed, 
commenced the construction of the Portage extension of 
the Red River Railway, and it became necessary to obtain the 
approval of the Railway Commission in Canada to secure the 
crossing by the new branch of the Pembina mountain branch 
of the Canadian Pacific line. The latter company at once 
intervened, and took the preliminary objection that the 
railway commissioner of the province had no authority to 
construct a line crossing the Pacific line, as the Act was 
illegal. It was argued by Mr. Blake for the company before 
the Supreme Court, that the Parliament of Canada had years 
before, by Acts, declared that a work crossing the Canadian 
! ‘Canada Sess. Pap., 1882, No, 166’; 1886, No. 81 ; Provincial Legislation, 
1867-95, pp. 862 seq., 1082, 
* Bee 51 Vict, ¢. 32; Canada House of Commons Debates, 1888, p. 1332,
	        
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