CHAP. I] THE DOMINION OF CANADA 713
bo be run up to the boundaries of the provinces,! and also by
their criticisms on Provincial Acts which empower companies
to do things outside the limits of the province. They have
insisted on the view that the express prohibition contained
in the British North America Act must be given effect to,
and, as seen above, this view has been enforced recently by
the disallowance of the Saskatchewan and other provincial
Acts above mentioned, all of which incorporate companies
without regarding this limitation. 2
But the power of the provinces cannot be ignored. If
& provincial and a Dominion railway cross, both consents,
that of the province no less than that of the Dominion, are
heeded,® though the transfer of a railway declared a federal
railway cannot be authorized by a provincial Act.t In the
case of Montreal Street Railway Co. v. City of Montreal ® the
majority of the Supreme Court (Fitzpatrick C.J., Girouard,
Idington, and Duff JJ.) held (Davies and Anglin JJ. dissent-
ing) that it was not within the power of the Dominion by s. 8
(6) of the Railway Act to give the Railway Commissioners
jurisdiction to make orders respecting through traffic over
a provincial tramway or railway which crosses a railway
subject to the authority of the Parliament of Canada. The
case was decidedly a difficult one : a distinction was drawn
between a provincial railway declared federal and a federal
line which was interprovincial, and the judgements of
Davies and Anglin show how much can be said for the
Dominion, especially when the case of Attorney-General for
British Columbia v. Canadian Pacific Railway Co.® establishes
the right of the Dominion to affect by railway legislation the
property of the province.
* On this, cf. Dow v. Black, 6 P. C. 272.
* This has been held valid in Ontario as well as by the Supreme Court
(above, p. 705) ; see Clarke v. Union Fire Insurance Con. 86 0, R. 223: 10
0. P.R. 313.
* Credit Valley Railway Co. v. Great Western Railway Co.. 25 Gr. 507:
1 Cart. 822,
* Bourgoin v. Chemin de Fer de M. ontréal, Ottawa, et Occidental. 5 App. Cas.
381, at p. 404.
® (1910) 43 8. C. R. 197.
¢ 119061 A. C. 204.
