they would not do this the matter should be pressed by the House, but if the Minister of Justice would promise to deal with the matter he would be satisfied.

Hon. Sir JOHN MACDONALD said they all had the same object in view; first, to see that the administration of Justice was correctly carried out, and secondly, to extend due protection to Judges in the performance of their duties, while in no way shielding them when in the wrong. He was not aware what was contained in the petition, but presumed it might be before the House at any moment.

Hon. Mr. MACKENZIE said that unless the House had decided that the member himself should pay for the printing of the petition it was an idle farce, for the Printing Committee had not met for a fortnight, and all printing was behind hand.

Hon. Sir JHN MACDONALD said the remarks of the member for West Durham were perfectly reasonable, and if the matter were allowed to stand over he would look into the question and give an answer

on the morrow.

The motion was allowed to stand.
It being six o'clock the House rose.

AFTER RECESS.

COLLECTORS OF CUSTOMS

Mr. COFFIN moved an address for correspondence on the protection of the revenue on the coasts and harbours of Nova Scotia. He desired to impress upon the House and the Government the necessity which existed for a more complete customs organization than was in force in Shelbourne and several of the neighbour ing counties in Nova Scotia. From these places a large trade was done with the United States, and the difficulty and delay which were now experienced in reaching the custom house extended a premium to the illicit traffic which so largely existed in the neighbourhood. He expressed a strong belief that the revenue receipts would be greatly increased by the establishment of more custom houses.

Hon. Mr. TILLEY said he was not aware of any correspondence having passed be. tween the Dominion and Local Governments on the subject The only corres pondence that had occurred was with offi cers of the Government in reference to additional appointments for the protection of the Revenue. The Government had decided to make a few additional appointments which he thought would be quite sufficient to protect the revenue. What ever papers there might be upon the subject would be brought down.

The motion was carried.

LAKE HURON HARBOURS. Mr. SPROAT, in moving for an address for correspondence referring to the harbours of Port Elgin and Inverhuron, said that he regarded these as of being two the most important commercial ports on Lake Huron, whose interests had been to some extent overlooked in the past. He might mention with regard to the port of Inverhuron, that a great portion of the works in the harbour had been constructed by the aid of a grant from the Government in former years, and a considerable amount to supplement these grants had also been voted by the municipal author ities from time to time. He found, however, that owing to a want of means to keep them in proper repairs the works were now falling into a very dilapidated state, and he thought if the Government looked carefully into the matter they would find that the large amount that had already been expended would easily be made productive by a small additional ap、 propriation. (Hear, hear.) By an Order in Council, dated 29th March, 1870, the harbours of the Dominion had been divided into four different classes, and in making that division he thought the Government had acted wisely. The second of these classes consisted of "Harbours, the con. struction improvement or repairs of which are matters of both general and local interests, and for which the Dominion Government might defray not exceeding one half the expenditure on condition that the re maider were provided from other sources." Now he thought it a point worthy of men. tion with regard to the harbour of Port Elgin, that there had been a total expen diture upon it of more than $30,000, only $4000 of which had been received from the Government. He was authorised to say that, if any further grant was made by the Government under the authority of Parliament, of any amount not exceeding $20,000, the spirited and enterprising inhabitants of Port Elgin would be prepared to make an equivalent appropriation. (Hear, hear.) That being the case, it was clear that the work of harbour improvement was a matter that excited a good deal of local interest. It was not, howver, merely a local work, for the harbour was one of general importance to the trade of the country. There were several reaFons which might be adduced for this; but the fact would hardly be questioned when he stated that for many years past a large amount of grain had been annually shipped from that point, and that at the opening of navigation, this spring, there had been no less than a quarter of a million of bushels awaiting shipment.

When he mentioned that fact he thought he might safely assume, and the House, he was sure, would agree with him, that it was a port not only of a local but of general importance to the country. (Hear, hear.) He might also mention that one of the main trunk lines of railway in that part of Ontario, a railway which he would venture to predict would be one of the main trunk lines in Canada ere long, was now in process of construction, and would be completed to Port Elgin before the end of July next. That line would be one of the principal arteries of trade in that part of the country, and when completed would, he had no hesitation in saying, form one of the great lines of traffic through the western peninsula of Canada to the great North West. He felt sure he had only to draw the attention of the Minister of Public Works to this subject in order to elicit that gentleman's sympathy and aid, for he had always shown great willingness to render assistance in matters of this kind when they were properly presented to him. If the hon. gentleman would look carefully and thoroughly into the subject, he would find that the statement he had made with regard to the value and importance of these harbours was borne out by the facts, and that the harbour was one of grave importance. He was sure the hon. gentleman would act in the future as he had in the past, with a due regard to the public interests, and that in doing so he would arrive at the conclusion that the harbours of Port Elgin and Inverhuron were such as in the interests both of the immediate locality and the public at large should be improved and protected. (Hear hear.)

Hon. Mr. LANGEVIN said he had nos thing to add to what the hon. gentleman had so forcibly stated with regard to these harbours. He could only say that the papers would be brought down, and that the hon. gentleman might rest satisfied that the matter would be considered by the Government with every regard to the requirements of the public service. (Hear, hear.)

The motion was carried.

SUPERANNUATION FUND.

Mr. JOLY resumed the adjourned debate on the proposed motion that the House do resolve itself into Committee of the Whole to consider a resolution respecting the Superannuation Fund. He said that, as he had stated the matter at some length when he had brought it before the House on a previous occasion, he would now only sum up his remarks. He then proceeded to argue that the surplus of fifty thousand

dollars, which would be at the credit of the Superannuation Fund on the 30th June, should be used in some way to benent the civil servants in a more complete and direct manner than could be done un. der the present system. He did not wish to say whether the funds should be returned to the employes, as had been done in England, or whether any insurance fund should be established therewith, which would benefit the widows and orphans of the employes.

Hon. Sir FRANCIS HINCKS said the hon. gentleman rested his point entirely on the statement that the deduction from the employes under the present system was oppressive. He (Sir Francis) contended that it was yet too early to say whether or not such was the case. The present large surplus on hand was caused by the fact that, for many months after the system went into force, there had been no cases of superannuation whatever. The larger the surplus on hand the larger would be the amount paid to the employes who were superannuated. He hoped the House wonld sustain the Government in oppos ing the motion of the hon. member.

Mr. JOLY asked what the hon. member proposed doing with the unexpended balance which would not be required by the Government for the use of the widow. his excess was collected from the com pulsory contributions of the public servants, and he thought it only fair that they should get the benefit directly.

Hon, Col. GRAY said that the whole public should bear the expense of this superannuation, instead of the class upon whom it now alone fell. The public servants discharged most important and onerous duties, and were paid at the very low est rates, and were kept at these low sal aries notwithstanding the increase in the price of all the necessaries of life. Labourers and workmen in the streets were manifestly paid at better rates than the civil servants. The general public benefitted by the service of these people and the unfortunate position in which they were placed, and it should therefore pay for the advantage it derived therefrom. The country's finances were in a sufficiently prosperous state to bear all its rightful obligations in this respect, and he could see no reason why some plan such as was submitted by the hon. member for Lotbiniere should not be adopted. He believed that an employee after long years of service should be superannuated on a sufficient allowance but he maintained strongly that it was the general public and not the employes them selves that should pay this superannua tion.

Hon. Sir G. E. CARTIER concurred in the opinion of the hon. member for St. John that the civil servants were a most industrious, capable and laudable body of men; but still the House could not lose sight of the fact that there was only about $7,000 difference between the receipts and expenditures in the superannuation fund. He was told on the best authority that by the end of the next half year it was not unlikely that the demands upon this fund would exceed the income. There had been in the service several old and faithful servants who, from their great age, could not properly discharge their duties. These officers had been superannuated by the House, and the Government had been authorized to reimburse themselves by a charge of a certain portion upon the salaries of younger employes. This system had been in force some three or four years, and under it several employes had been superannuated and younger men substituted. The service had been thereby much benefitted, and at the same time the remaining employes had been made safe from the knowledge that they would not be left without a fitting livelihood. If it was found, in the course of a few years, perhaps next year, that the present rate of four per cent charged upon the salaries of civil servants was too high, the House would have the remedy in its own hands, and could reduce the rate; but he maintained that the plan had not yet been fairly tried. Matters should be left at present as they stood, and next year the new parliament might act as it pleased.

Mr. BURPEE agreed that it would be better to leave the matter in its present condition at present. He had objected to the superannuation act at the first, as he did not believe it to be fair in its operation, and did not think that the time of service before Confederation ought to have been taken into account. He should vote against the resolution.

Mr. CURRIER thought it injust and hard to deduct four per cent from the salaries of the Public Servants, but on the contrary four per cent ought to be added. He thought it would be better to reduce the percentage to two-and-a-half per cent. than adopt the suggestion of the member for Lotbiniere.

Hon. Sir FRANCIS HINCKS said it would take three and a half.

Mr JOLY-What about the $50,000.

Mr. CURRIER said expenses had in creased very much since the service was removed to Ottawa, and the saleries were not adequate.

Hon. E. B. WOOD differed entirely from a regular system of pensions from the gen

eral revenue, and did not think the House would ever concur in such a plan, and the Minister of Finance had never had the

It

audacity to propose it. It the system were adopted why not extend it to the outside service, and in fact why not pension off the whole country. (Laughter.) was said the civil service had served the country well; so did the members of the House; so did the merchants; the farmers, and the mechanics of the country. He bore testimony to the zeal, assiduity, and ability of the members of the Civil Ser vice; but they were not more than many he knew in mercantile establishments, who were harder worked and not so well paid. If Civil Service gentlemen were so ill treated they should leave and not sacri⚫ fice themselves to the good of their coun try.

Mr. JACKSON agreed with the Minister of Finance that some fund should be provided for superannuation, and thought no better arrangement could be made than the act now in force. Until the plan had been longer tried it could not be decided what rate really was sufficient. He therefore moved "that in the opinion of this House it is not expedient to alter the provisions of the act relating to the superannuation of officers during the present ses sion, but that that object should engage the attention of the new parliament."

Mr. JOLY said the amendment was out of order. His resolution in no way affected the superannuation law. The question was in no way a party one, and the amendment was merely to avoid a direct vote.

The SPEAKER ruled the amendment in order.

Hon. Mr. MACKENZIE could not vote for the amendment, as it pre-supposed a necessity for action next session. If there was any such necessity it ought to be dealt with at once. The motion of the hon, member for Lotbiniere ought to be met directly. He believed the present rate too high. He referred to a case in which it had been claimed that a person in New Brunswick might be superannuat ed on account of services paid by fees, and maintained that such was not correct under the Act.

Mr. JACKSON said his motion was simply to defer the matter until it could be ascertain what rate was really necessary.

Hon. Sir FRS. HINCKS, in reply to Mr. MACKENZIE, said he had explained that in many cases in New Brunswick and Nova Scotia persons occupied the same position as others in Ontario and Quebec, though the former were paid by commissions and the latter by salary. In the case in ques tion, had the appointment been made after

Mr. ANGLIN pointed out what he considered imperfection in the Bill.

The amendment was then declared carried on a division.

DUAL REPRESENTATION.

Mr. COSTIGAN moved the House into committee on the Act to compel members of the Local Legislature in any province where dual representation is not allowed, to resign their seats before becoming can didates for seats in the Dominion Parlia ment. The House went into Committee, Mr. Morrison, (Niagara) in the chair.

Mr. COSTIGAN moved the first clause. Hon. Mr. BLAKE said there were some imperfections in the Act which it was necessary to amend before the object which the hon. gentleman had at heart would be attained. He spoke of the provisions of the law in Ontario, and said that, under the proposed bill, no member of the Leg. islative Assembly was disqualified from the House of Commons, for any member might be elected at the next election, and he might retain his membership during the whole Parliament, and unless he sat and voted he would not be disqualified from the Ontario House. There were also some matters of detail in which the bill should be amended. It provided that the candi. date should hand to the returning officer a certificate of the proper officer that he had resigned his seat in the Ontario House. That would be inconvenient in two ways; first, the candidate himself might be unable to hand a certificate to the returning officer; and second, the House had no power to compel the Speaker of the Ontario House to give such a certificate. He suggested a change, that the provisions should be that the returning officers should be placed in possession of a declaration, signed by the candidate, that he had resigned his seat.

Hon. Mr. WOOD considered that the Bill gave the returning officer too much power. He thought the Minister of Jus tice ought to take this matter in hand, and not allow any clumsy legislation on

it.

He suggested that the committee should rise, and hon. members on the

Mr. MILLS said he objected to the principle of a majority of electors entirely losing their votes on account of voting for a disqualified candidate, and cited English practice to show that the votes for a disqualified candidate should be also regard、 ed as against his opponent. It was quite enough that elections should be declared void.

Hon. Mr. WOOD asked if the House was to adopt so important a measure without knowing the amendment.

Hon. Sir JOHN MACDONALD said the third reading need not be pressed.

Hon. Mr. WOOD moved that the committee should rise and ask leave to sit again.

On this motion the numbers were count. ed-Yeas, 34; Nays, 37.

The Committee rose and reported the Bill as amended.

CLAIMS AGAINST VESSELS.

Mr. KIRKPATRICK moved the House into Committee to consider a resolution declaring it expedient to make further provisions for the collection of demands against vessels navigating certain lakes and inland waters of Canada, Mr. Ryan in the chair.

Mr. KIRKPATRICK referred to the British North American Act to show that the matter came within the jurisdiction of the House. He explained the object of the resolution, which would operate bene. ficially for the whole fishing interest. As to the question of the matter affecting civil rights, he stated a case in which the opposite had been maintained, and said he also had the authority of the present Attorney-General of Ontario in support of the position he took, and also that of the member for Toronto West. The principle of claims against ships had been recently assented to by the Banking Committee of the House, in allowing banks to hold liens on ships. The Act would also allow a lien on ships on account of commissions, and he thought it very desirable that the principle involved should be allowed by the committee.

Hon. Col. GRAY said even throughout the Admiralty Courts there was no claim against the ship itself, and the question was whether the proposition would not give privileges to certain clauses which were opposed to imperial policy on the subject. It was going rather far to give