Debates of the Senate

dian Cable Company (limited)." said: The promoters of this Bill desire to be incorporated under the name of the European, American and Canadian Cable Company, with a view to laying two cables across the Atlantic. The names only of the Canadian promoters are mentioned in this Bill. There are a number of influential gentlemen on the other side of the Atlantic associated with those whose names appear, but I thought it not desirable to introduco them until I had further correspondence on the subject, They will, however, be introduced at a later stage. I may say that the company has already been formed in England, and I hold in my hand the ordinary articles of association issued with the view of incorporating organizations of that nature. The capital is laid down at $1,500,000, and can be increased from time to time. I am right in saying that there is a thorough earnestness on the part of the promoters of this Bill to lay two cables in a short period of time. The measure is one which, I am sure, the House will assist in passing, inasmuch as it is desirable to obtain an independent cable across the Atlantic. We made an effort in this direction a few years ago, after some discussion in this Chamber, but it failed. It seems to be the fate of companies of that kind that the larger swallow up the smal

ler.

If the reports in the newspapers be true, the larger companies on this continent have recently swallowed up all the smaller ones, and, I believe, the cables that are now laid between this country and Europe. I therefore think it is highly desirable, if possible, to get a company that will, for some time, at all events, preserve an independent vitality. It seems to be extremely difficult to do so; however, the competition will last for some time, at any rate.

I do not inHon. Mr. MILLER tend to detain the House with any lengthened remarks, neither do I intend to oppose the second reading of the Bill; but I wish to say a word in reference to one remark which fell from my hon. friend, that it is very desirable, in view of the present position of ocean telegraphy, we should have an independent company. I am afraid, if my hon. friend is fortu. nate enough to get his Bill through Parliament, and perhaps there is no rea

son why he should not, and if he should
have the satisfaction to see an organiza-
tion under this Act of incorporation, we
will very likely have the same result
with regard to that company that we
indepen-
have seen with regard to others; we will
see this independent company
dent until it is organized and until it
For my own
suits it to sacrifice the public interest
swallowed up in its turn.
part, I was unsophisticated enough to
believe, some years ago, when the Marine
Electric Telegraph Bill was before the
and the House will recollect
Senate
that a very protracted discussion took
place upon that important measure
that we were really about passing a law
which would have the effect of destroy-
ing monopoly in cable communication
between the old and the new world.
We had the most positive assurance from
gentlemen who were considered to be
more than ordinarily interested in the
passage.of that legislation (I mean the
promoters of the Direct Cable Company),
that one of their chief objects was the
patriotic and philanthropic one of de-
stroying monopoly with regard to ocean
telegraphy, and in promoting civilization
and the great ends of commerce, and
But no sooner
other laudable objects in the relations of
the two hemispheres.
did those gentlemen get the legislation
they wanted; no sooner was that com-
pany incorporated than attempts were
which
made at amalgamation one way or another
by joint purse or otherwise
ultimately were successful, and we find
that those conflicting interests have all
disappeared, and those philanthropic peo-
ple have united in one monopoly larger
than before existed against the rights.
and interests of the public. I do not in-
tend to oppose my hon. friend's Bill at
any of its stages, but it is useless to at-
tempt to force a measure of this kind by
arguments of the nature he has used
by supposing it is going to do anything
to break down monopoly, because I be-
lieve if his company ever gets into opera-
tion in a short time it will be found to
be only another small tributary to the
great monopoly which now unfortunately
prevails in Atlantic telegraphy.

Hon. Sir ALEX. CAMPBELL Does this Bill contain a clause abrogating the charter unless the cable is laid within a certain time?.

that will secure public confidence, and
some actual subscription in bank. The
multiplicity of those bills I do not
speak of cable bills particularly, because
there are not many
bills for the con-
struction of railways and those akin to
them, which have been put on our statute
book, and which have passed away and
nothing has been done with them, is an
evil which can only be remedied in the
way I speak of. I do not say that this
is a Bill which is being passed for the
purpose of being transferred to anyone
else, but there are so many bills of that
character that I think the suggestion I
make is one which will have to be, sooner
or later, adopted by Parliament, and it
will be found necessary to require that
there shall be a certain number of share
holders and a certain amount of capital
paid in before the Bill can go into effect.

port of that Bill, insisted that he would not have it- he would not allow that protection to the public, and it may be a question for the House whether we should not have some such protection in this measure.

The Bill was read the second time.

NATURALIZATION AND ALIENS BILL.

SECOND READING POSTPONED.

The Order of the day having been called for the second reading of Bill (G) "An Act respecting Naturalization and Aliens,"

Hon. Sir ALEX. CAMPBELL said: The Bill is not yet printed, and I may mention, in extenuation of the fact, that despatches have been received upon the subject within the past few days rather altering the features of the measure as it would be presented to the House, and rendering some changes necessary. therefore move that the Order of the day be discharged, and the Bill be read the second time this day week.

The motion was agreed to, and the order was discharged.

PATENT LAW AMENDMENT BILL.

IN COMMITTEE.

The House went into Committee on Bill (E) "An Act still further to amend the Patent Act of 1872."

Hon. Sir ALEX. CAMPBELL said when the Committee rose before, objecHon. Mr. DICKEY - In confirma- tions had been taken by the leader of the tion of what has fallen from the hon. Opposition and the hon. Senators from Postmaster General, I may remind the Amherst and Richmond to the first and House that there are several cable bills principal clause of the Bill. It was on the statute book of the country at this stated that it would be a dangerous thing moment, and several have been extended to renew the various patents which were from time to time. What use has been mentioned in the schedule, without made of them, and how they have been inquiry and without more knowledge allowed to fall into oblivion, I cannot than the House then had. A list was understand. In reference to this matter brought down and laid upon the table, I cannot help making this general obser- giving the House all the information vation: I think it is a great misfortune which could be procured, as to the perthe House had not accepted a proposition sons who held those patents, the matter which was made by the minority when of each patent and as to the time when the Marine Electric Telegraph Bill was it expired; but notwithstanding that up for discussion, that the maximum information, it seemed to those hon. price of telegraphing should be fixed. We gentlemen not to be very wise to legiswere voted down on that question. My late in the direction which the first hon. friend (Mr. Scott) who led the sup-clause, as originally framed, would have

asked the House to have done. The hon. leader of the Opposition suggested that perhaps it would be a better plan to confer power on the Commissioner of Patents the Minister of Agriculture, to renew where he found that there was good ground for it, after such inquiry as he might see fit, subject to certain limitations which might be set forth in the Bill. Adopting that suggestion, he (Sir Alex. Campbell) had framed a clause which he would ask the Committee to substitute instead of clause one. He proposed to give the Minister of Agriculture power to renew any patents where the application had been made to renew it within ten days from the date of the expiring of the patent. The hon. gentleman from Amherst had pointed out that in the list laid on the table of the House there were many patents that had expired several months before application had been made to renew them, and that, therefore, there was no just cause to ask Parliament for a remedy. He (Sir Alex. Campbell) proposed to amend the clause by providing that the application must have been made within ten days from the expiring of the patent. On looking over the list it would be found that there were only four or five of the renewals applied for that would not come within that term. He believed, with the hon. gentleman from Amherst, that a definite time should be fixed within which the application should be made, so that this thing should not be going on for ever, and he proposed that the Bill should provide that, between now and the 31st of October, any of those persons whose patents had expired, and who had made application to renew within ten days after they had expired, could come in and ask to have them renewed. Then, in the future, by the alteration suggested in the second paragraph, application must absolutely be made before the expiration of the first patent. It seemed that there had been a misunderstanding as to the time the application

should be made under the old Act.

Hon. Mr. SCOTT-Is it made perfectly clear now that the application can be made at any time during the currency of the patent?

Hon. Sir ALEX. CAMPBELL said that under the change in the Act no misunderstanding could occur. The 3rd

clause, which protects persons who are using the patents during the time they are not in force, would be made clear by striking out the last four words. There was a class of cases which were mentioned by the leader of the Opposition, which this amendment did not touch, and he did not know how to get at them. That was where application had been made to renew patents, but the applioations had been sent to an agent in Ottawa, and that agent, knowing the usages of the Patent Office, had not presented them to the Commissioner, therefore no application had really been made. He was afraid to open the door for that class of cases, because it would be almost impossible to say whether the applications had come to Ottawa or not, and by what means it could be made certain that they had been here. On the whole, he would rather not extend it to that class of cases, trusting that the leader of the Opposition would see that it was not very important; or if he thought it was important, that he would assist in framing language to meet the difficulty.

Hon. Mr. DICKEY desired to express his satisfaction at the course that had been taken by his hon. friend who had charge of this Bill. Very strong objections had been taken by himself and other gentlemen to the measure as it was introduced, and he was glad to see that the leader of the Government had yielded, as he usually did, to the general sense of the House. He (Mr. Dickey) had deprecated in very strong language the introduction of personal legislation that would have gone back and condoned the delays of people who had slept upon their rights for years. As to the Bill as amended he had no objections to it, and would certainly give it his cordial support.

Hon. Sir ALEX. CAMPBELL moved the amendments to the clauses, which he had explained.

The amendments were agreed to without debate.

Hon. Sir ALEX. CAMPBELL moved that the Committee rise and report the Bill as amended.

Hon. Mr. VIDAL asked if provision had been made for the case of an irregu

larity of this kind occurring again in and although not embodied in the report

the future?

Hon. Sir ALEX. CAMPBELL No; we have not. We think we have made the language of the Bill perfectly clear by altering the rule so as to render it obvious that application for renewal must absolutely be made any time during the currency of the first patent.

Hon. Mr. VIDAL

not incur the risk of being detained in the day.

And they must the application Post Office for a

Hon. Mr. FERRIER, from the Committee, reported the Bill as amended.

Hon. Sir ALEX. CAMPBELL moved that the amendments be concurred in. The motion was agreed to.

of the Committee on Standing Orders and Private Bills, he had been instructed by that Committee to ask the House to

grant an extension of time to the 15th of this month. He therefore moved that the time for receiving petitions for private bills be extended to the 10th inst.

Hon. Mr. MILLER said before adopting the motion, some good reason should be shown for extending the time.

The House had now been in session eight weeks, and there had been plenty of time for presenting petitions for private bills. It was not desirable to get into the habit of indefinitely post| poning the time for receiving these petitions. It had the effect of throwing a large amount of business into the latter part of the session, and in the Senate

Ordered that the Bill be read the third especially, where they were usually

time to-morrow.

The Senato adjourned at 5 p.m.

Prayers and routine proceedings.

BILLS INTRODUCED.

crowded with work towards the close of the session, it would not be desirable that this extension should be granted.

Hon. Mr. BOTSFORD said that the recommendation had been made by thecommittee for the reason that an extension had been granted in the House of would be agreed to. Commons, and he hoped the motion.

Hon. Mr. DICKEY said the House had been long enough in session to enable parties who had petitions to present to Hon. Mr. VIDAL presented the fifth send them in. The time had already report of the Committee on Standing been very liberally extended, and it ap Orders and Private Bills, and in pur-peared to him that a stand should be suance of the recommendation contained made somewhere.

in it, moved the suspension of the 51st rule.

The motion was agreed to.

Hon. Sir ALEX. CAMPBELL said there would have been great force in the objections taken by the hon. Senator Bill (H) "An Act to incorporate the from Richmond under ordinary circumNapierville Junction Railway, and stances. But this was an exceptional Quarry Company." (Mr. Bureau.) Bill (I) "An Act respecting the Banque Ville Marie." (Mr. Trudel.) Bill (37) "An Act respecting the Canadian Pacific Railway."- (Sir Alex. Campbell.)

PETITIONS FOR PRIVATE BILLS.

TIME EXTENDED.

Hon. Mr. VIDAL called attention to the fact that the time for receiving petitions for private bills expired yesterday,

session, called at an exceptional time of the year, and many persons might not have been prepared with the measures which they desired to submit to the House. Under the circumstances, therefore, he thought the time might be enlarged.

Hon. Mr. VIDAL explained that it was a mere accidental omission of the Clerk to include the recommendation in the report of the Committee. The object in extending the time was to work in harmony with the House of Commons,.

which had extended the time ing petitions to the 10th inst. The motion was agreed to.

PATENT LAW AMENDMENT BILL.

THIRD READING.

for receiv-sary to a separate and distinct and complete consideration of the measure in his branch of the Legislature. The facts are well known to the House. I will not enter into any lengthy historical resumé of them. They are to be found recorded in acts of parliament, in treaties, in official correspondence, and in the speeches of different members of three successive governments, sustained in parliament for different periods since the union with British Columbia. I will

Hon. Sir ALEX. CAMPBELL moved the third reading of Bill (E) an Act still further to amend the Patent Act of 1872.

The motion was agreed to, and the Bill was read the third time and passed. The Senate adjourned at 4.10 p.m.

almost take it for granted that it will be
admitted in this House, and so far as
regards this discussion, that the country
is pledged - pledged in every way which
can impose obligations on public men
to the construction of the Canadian
Pacific Railway from some point upon
the existing system of Canadian
railways to the Pacific Ocean.
It was not to be done with prejudicial
haste; it was not to be done so as to un-
duly strain the resources of the country,
but it was to be done. The resolution
in the House of Commons on this point,
framed at the request of Sir George Car-
tier, and offered to the House by him, in
he absence of the Premier, was:-

"That the railway referred to in the Address to Her Majesty concerning the agreement made with British Columbia, and adopted by this House, on Saturday, 1st April, should be constructed and worked by private enterprise, and not by the Dominion Government; and that the public aid to be given to secure the undertaking should consist of such liberal grants of land and such subsidy in money, or other aid, not unduly pressing on the industry and resources of the Dominion, as the Parlia

men of Canada shall hereafter determine."

Hon. Sir ALEX. CAMPBELL moved he second reading of Bill (37) "An Act respecting the Canadian Pacific Railway." He said: The measure which this Bill presents for the first time for the consideration of the Senate is one To which was afterwards added the words, which has been discussed for so many "nor increase the rate of taxation." I do days and nights elsewhere, within the not apprehend that they will be at all hearing of most of those gentlemen who controverted by any gentleman in this are present to-day, and discussed by so House who desires to oppose the present many able men, from so many different measure Successive governments - the points of view those who favor it, and Government which made this engageChose who have found serious objections ment, the Government which succeeded to it that I am afraid I shall not be it, and which remained in power until able to present it to this House in any September, 1878, and the present Governnew aspect, or offer to you many argu- ment have each in their turn recogments or reflections which have not nized this obligation, and have each in already occurred to you; but, represent- their turn striven, with more or less ng, with my colleagues, the Government success, to carry it out, and redeem the in this House, we feel that I should be pledged faith of the country. I need wanting in that duty and respect which not, I think, therefore, detain the House we owe to the Senate if I did not offer in discussing the obligation which rests uch observations as seemed to me neces- on the country, as far as is consistent

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Debates of the Senate: Débats du Sénat