A

APRIL 18; -I936’

Legisloiivéi ;

fa.-.r.r,1r.'-“. “"91" «em “¥"|!"f

Business

Up Yesterday

3 roar: , The

Prorogation

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continued from page s

._._..

,,m, 3;. wright in the chair on

A t to empower the City of ghariicrttewwn to acquire and on- irate :1 Electric Plant and Distri-

5 tent. 2 “gig? biiyig resdsas follows: _

. u" REAS it is or mar spptar pxpeliiiifnl and ‘to the- advantage of we (‘Ity of Che-'ottetown and of the mnrurrncrs 'tllerern of electric energy uh," H“. said City of Charlottetown “mlprtllknvthp npcrnti n of an electric plant and dirltribulio llyntoill to slip- vh. .199“-in energy to the residclils of m}. ,...l.| City and to the rv.-sllients of I\I4'Il other districts ns luay dciliru the lulilll‘ and lie reasonably served by thin mid plant and‘ system. BE IT THEREFORE ENACTED by me Lieutenant Governor and Legis- lulive Assembly of the Province of l'rim~a Edward island as follows: I, The City of t'hariotieto\vn is - hm.-I-y authorized i’I.l l'mp0l\'¢lqtl to acquire by purchase. lease or Cull- m,.-l. or otherwise by force of any |lllIlIil.' hereafter to be enacted. or may erect. lay-out. establish and con-

mun a plant or pants and distribu-4

nun system with sl incidental or de- sirulvla appliances and equipment for me gurrersi supplying of clectrii‘. on- ,-rgy in i‘UIl§lU.Il(’l'l. us well as for the u.~.- of the City in street l'ghling nnd uliil-I‘ civic purposes.

1‘. The said (‘My may louse. pur- rirarm or establish a disil-lhution sys- [um uiihirr the City and ilnmniiiats \ir'ill'l_\'. aird may contract with any

,..-r.-irr. ieorporatiuir. board. com- llIls~iul| or agency for tho supplying of .-lv-cirlt: energy. to such system.

1:. The said City is authorized and a-mptr\I't'|'Cd to maintain. enlarge and mood such plant and distribution mu:-ill, or the latter. if it only be l-ri-rt!-ll or acquired. null to operate ilru p:lli.ls=. In the slrpplyiag of electric -u-r::.r for all purp_o,sc.~i to tho resi- t]"lIVIl of the said City and to the real- rirnts of such ulbcrulisiricts as may ruirsonrriliy llo served with such on- rr'.')‘ from the said plant and system. [Hill lIl:l_\' do all things In and shout ii.- ra:rnugeul_on thereof as may be nquirts to a p oper operation thora-

l. The said City is hereby empow- Ii’l'lI to employ such engineers, ex- pvrtl. agents and workmen as may be deemed necessary in survr-yiulr. or-rllllaiing, constructing. improving. extruding and maintaining any such pi.lni. or system, and operating .the l.iIIl¢. and to lease or purchase or our-rwlsn acquire silch lands. rights, umnrnts or privileges as may ho (it'l‘|llNl necessary for the purposc tirr~r~i~nf.

.'._ Tim said City may carry its dis- trrlnriinlr sylxfolu O\‘l‘l'>HI': streets and lll:|l\\:I_\‘l of tho said (‘Ii_\- and of the

tlll|\t‘l" l’i~£I' proper autlmriiics. nnd lul,\' lirureolr do all things an---rl<nry tlu-rvtn. null may further do the like on-r and on any private prnpcrtv by 1-.1_\ing all the damages occasioned IllI‘i't‘i)_V.

ll, Tile said City msy_purchasc or cnntrirrt for the supplying of electric crrr-rgy to its distribution system by any <'t'Ii'[l0luHOIl. agency, or com- lui~.~lion or other source whatsoever. and luay likewise contract for the rurpplylng of electric encrgy to any dltll‘l|t|I"0l| system without the City.

7_ The Lieutenant Governor ill Coun- cil may by order in council grant such further and incidental authorit- ies towards the aforesaid _purchase, cnnsirinrtiou and operation as may Irv deemed necessary-or advisable. hut nu:-lr order in con ci1 shall have force only until the conclusion of the next fnll-nvtng session of this Assembly. unless ratified thercst.

ti. The said City is hereby empow- ered to expend all. moneys found accessory fon the purposes aforesaid aml to issue special debentures -therc- fore ullon certific.'lt‘on of its common ‘Council of the amount required aml

to such smoun. to ho for a period

frillot exceeding thirty years from lists

ifiof issue. to hear interest at a rate E‘-‘knot exceeding four. and om--half per .f,cclll per annum, payable half-yearly. «and to ho in such form and denom- v‘ inations as the City Council shall de- termine. under the hands of the May- or and any two of the t‘lty Council. rounlersiglrcd by’the City (‘I-ark and li‘llil‘Il with the seal of the said City: , I|lI'iI tlchcllturcs l\'Ill‘ll so issllr-ll aml ill» iuti-rcst thereon shall I)’: charge- ll|iii- upon all i‘7ly properly and lip- nu all taxes and moneys raised by the mini ‘Ivy null siinil bc '.'itlIl't-Iacll as ‘ ! olit of the general filnd of ii,\' nf Cllllrioftctown: such is- .-lmll llol Im. tzrken to affect or »-n tho L!f‘fll‘|’Il imrrmvlllg puwcr ~ t'ii_v, but is "lip!‘l‘illIi.\' nutir'or- --i w-pnrliie and apart fzv-nl the --am»-rut illllitoil ivy statute as the imrrnning power of tho l‘iiy. 5' .\'irnulii the (‘Ity cntér Into the "|“Tiliit‘iI of all i-it-cir.'c llislrilulunn :‘~nIv-‘us |l“l‘l‘llI nlrihurlseii mill in.

d war Drilling

i.'s‘.'c yau decided to put in that n2c*i.~.n well this season.

tur rates are lower than 1835.

Yu: will he snrpflssd to learn Ir..v quickly. . efficiently and in- »'§3t‘n3IVE!] we can perform this trtrvica for you.

.-\ll wort: guaranteed. CALL. "HUNE or WRITE.

THE TRASK WELL CO.

tended it shall in iii

submit. itself to the rgeei‘relTlI :rirl4‘lcnr:.‘.£

ual supervision and l'illl|'.-)1 U1

Utllltie 1 ‘r.'r":"'r'°""” a or t ' ' .

at the next roih'>u«i.:.:v§:~‘s:’i.,:"§£;'33?

53199151! reflucst the constitution of

a commission separate and

from its City Council to lmna "J." - He such l°g'eer:fi)‘_°“ "ml 5“ "Klltcrs incidental

Mr. Jones said that began, the blixllt ptassed he wanted Basurancg

a he country people would! be P"°t°°"°d against increased rates. They will be using plenty of elec- tricity and they will require pro. tection against high ,.a¢e5_

M15 Tr-‘nor exiilained that the rates are fixed by a board or com. missioners of Public utilities,

»Mr. Jones asked who the Com. missioners were

Mr. 'I‘rllinor- said they Wm, Messrs. L. B. Miller. Charlottetown, James -1- CONGO“. Georgetown and Th°"‘“5 J0hh5i0n. Summerside.

Mr. Jones: "I am afraid. one of them is from Charlottetown."

“:9 bill. after some further dis- cusson. was reported “Wed 3 without amendment 0

FISH AND GAME ACT

On motion of Hon. Mr. Mccluigan the House went into committee with Mr Stewart in the chair on an Act to amend the Prince lad- Wflrd Ialilnd Fish and Game Pro- tection Act 1923.

The bill adds to the existing statute the following section;

38. If any non-migratory birds or game birds should under extra- ordinary conditions become serious- ly injurious to the fruit growing interests in any particular local- ity. the Minister of Agriculture or My person duly authorized by him, infill issue permits to kill such birds so long as they shall continue to be injurious. Applications for such permits shall include a full

statement describing: (1) the spe- cies and an estimate of the num- bers of birds committing damage: (ii) the nature and extent of the damage; (3) the extent of the ag- ricultural or other interests threat- ened or involved.

"Such permihs shall be revocable at the discretion of the Minister. On the expiration of the Permit the person to whom it is issued shall furnish to the Minister. a. written report showing the number of birds killed. the dates upon which they were killed. and the disposition made of the dead birds. No birds killed under such permits shall be shipped. sold or offered for sale."

The bill was ayeed to.

on motion of Hon. Mr. McGuig- an the House ‘went into committee with Mr. Stewart in the chair on an Act authorizing the Lieutenant Governor in Council to appoint a Commissioner to investigate cer- tain public utility companies.

The bill makes the following pro- visions:

1. The Licllicnnnt Governor in Council is hcrchy t‘flIylV"!"t‘ to nom- inate. constitute and .'l"poin! a coin- rnisiI'on of one to fiv~ --i wibnrs which shall mail“ i-nruriry am the stile within the Province 0-‘ any or all issues of stock. ill-ht-nturcs or other socuritics of the Associated Gas and Electric (‘ornnnny. the New En"iIi'itl Gas and E‘ectr2r Ansneintion, aml "‘n Maritime Electric Cnmuwny. l.'v~' ii. and all matters of l'c'"-‘aenlntioll or rniarcnres“nt.1t'ou inllnclnlr the Hillllf‘. and all factors of auihnriiy, express or implicit. enabling such represents- tions or misrepresentations. nnd shrill discover what. if any. charges or an- :-unrhrancea affect the local prnnorty of the .\iar‘tIirr'c Electric t".ornnlin.v, either to secure any of the afore- snld issucs or otherwise, and the pro- priety of charging this said property to secure any of tho saiii issllcs ac- cording to such representations or l1lisl'e]li‘L'st‘llfnliDllS as shrill he found to barn been made, ‘and as well the frnnriiac rlglltll. if, nny, of nny or all of the nforrsnld compnn‘cs to oper- ate within the Provinco and especial- ly in and llhout the Tmvn of .\inlli- riguo. and as wollihe cilcltmsinnccs of purchase lay the said companies, or min or Iomc nf thnm. of the property or stock of the .\i'mltnguc Electric t‘nmprrn,v lrimltcll and the method of |‘.’L\'II)fliil ilmrr-fur: and to report the facts lllld t‘il't!llllll4ll|lli'el as found lo the said l.ii-llionrrllt (lnvornor in l‘oum~il. and in i"‘4*tlI|lllIf‘ntI what art- lnn in he taken by statute 01- other- wise. V

1'. Such conlllllsslnn sll.‘ii hare lhn pouer of turlunrolling irr‘i'uri~ it till)’ \\'H.nf‘sEf,‘t~'. nnd lrl.'l,v fur h‘llt‘|l pII|'ii"S'i under the Ir.-lull of it»: f'h:llrnlrln ls- sun ll subpoena or other request or sllalnlons rcquirluir :lnrl coulllmudllrg Kll('l.| person or persons lhclcin nam- Npm "ppvnr lit Ilrn limb and place lucrrtlnnr-d UIt‘I'(‘lIl an‘-i then and tlrnrc in ("my [0 all imrtiorn w.tlrin his

or their possession. or under his or their control rolstlvle to nuy such matter as aforesaid, and of requiring them to give cv-deuce on oath. on on solemn affirmation if they are per- sons entitled to affirm in civil mat- ters, and orally or in writing. to the full investigation uf.the matters into '"§‘'"' ‘'19)’ ill‘! IIPDO-nted to examine.

J. Such commission shall have (ha “"19 Power to enforce the atien. dimes of witnesses and to compel them to give evidence as is vested in Illyfollrt of lte_cord in civil cases. 4. bath commission. if thereunto ailtho:-izcil by the commission issued ' “"3 CH9. may engage the services 0‘ sluch accountants, engineers. tech. ncs advisers. or other experts. the d “Porters, and assistants as may loam necessary or advisable. Em "lm:0“t:lli;tste£‘l;ices of] counsel to enquiry. comm salon in the

M11 Wright asked why the ex. isiine Utilities Commission could not deal with the matter.

Hon. Mr. McGuigan said this matter concerned the bond hold. ers who have asked that a. com- lwtent Commissioner be empowered to inquire into certain charges which have been made regarding "'9 °‘°°‘"¢ “KM company's bonds The b°“d5 Were 80191. primarily on the security of the local pram They now find that th: handshré EU: a charge on the local plant 11 on a company known as the Associated Gas and Electric Com- lillny. They allege that the facts were m'srepreserrted to them at, the time. There are a large number of these bond holders in the Province -‘-lid they claim they should be pro- Eected in some way. "1 am not going o saynwhetller they are right or “f"‘°n3~ M11 MCGliiil8.n continued. but they have asked that a Com- lnission be appointed."

Mr- Hughes: "Would it not be advisable to enlarge somewhat the powers of the isti Puglic Utilities?"ex ng bmd °’

on. Mr. Mcauigimz "I don't think it would be possible This is a. separate enquiry altogether"

MT‘ Hukhes suggested the up- l‘°in'rm8m Of "9. competent board consisting of a chartered account- ant or at least a man familiar with “Counts: also 9. capable lawyer and in engineer of experience or ai; least’ is man possessing long ex- perrcrlce in the development of el- ectrical energy in this province. It is my opinion." he added. “that the present Board is largely useless."

Premier Campbell: "Mr Thomas Johnston has had a long expert.

that sort of thing, Mr. Miller has been one of the most competent accountants in the Province, and Mr. Ccndon, from my hon. friend’: own town, although not a lawyer IS a sort of quasi-lawyer: He was deputy pl'oi.l'ior‘.otzlry or the su. [Jl‘Ell'-E Court. The Board is also as steci by a competent legal ad- v:.ser; so I think the present Board of Commissioners could possibly claim to comply with my hon. friend's requirements."

'Mr. Hughes: "I trust you are Fight. 511‘. but I can't agree with you."

Premier Campbell: “Their scope of inquiry is altogether different. however, from the proposed in- quiry. A comnanv might be man- ipulating the bonds and other se- curity of the bond ho‘ders in such a why as to rrive competent service at 3. verv small rate. and yet be endangering the interests of the bond holders. The present Com- missisn is designed to protect the consumers—not the bond and pro- r‘°rt" ‘holder.-s."

Mr. Acorn suvested ll. proviso ‘hat those ne‘it’o'lirr<z for this Cam- mlssion rhollld depcsit a bond for the costs.

Mr. Jones approved.

Premier Campbell: "Thev are prepared to pay the ex" ~ :in- less it is found that there ric-

thing wrong and that the whole thing arises from the default of some company or organization; then the costs may be fixed and paid. But: at the outset the bur- den of defraying the costs will fell upon them. The Comnri-sion would see that their expenses were guar- anteed before ti~--I uctedk

The bill was re,.:..ed agreed to.

FRAUD PREVENTION ACT

On motion of Hon. Mr. Dennis the House went into committee with Mr. Wright in the chair on an "Act for preventing frauds by secret bil‘s of sale of personal chattels and amendments thereto."

The bill repsals the existing sta- tute "provided that all things done under the Act and amendments hereby repealed or any of them rlm‘i remain valid ""1 may be en- -med and all cfferrces committed or liabilities incurrrd under the said Act or Amendments tireroh mnv be prosecuted. p‘irli".hed and enforced. and s‘l proceedings and things lawflllly commenced under

enoe with electrical business and.

[_t_i_E QHARl.O’l"l‘ETOWN otl_g.l_§p1Al\l

had not been passed."

Sec. 2 provides: ‘-This-=Acir,s‘lrfiI come into force and elect on a date after the first day of January 1937 to be determined by the Lieu- tenant-ciovernor-ln-Couxlcil by pro- clamation published in the Royal Gazette."

The promoter explained that there had been agitation for the repeal of this measure. It had been found difhcult of enforcement. and it was alleged there had been abuses on the part of fertilizer dealers to -the detriment of farmer purchasers. It mizht have a beneficial effect by EMHB Warning that the statute might be appealed at any time af- ter Jtmuary 1 next.

Mr. Mustard said he understood the existing Act was passed in 191:0. The purpose was to help the farmers who could not make pay- ment on their seed and fertilizer. No doubt there were some abuses by dealers but he thought the Act could be amended without having it repealed altogether.

There was further discussion by Hon. Mr. Dennis and Messrs. Mus- tard, Barbour, and MacKinnon.

Premier Campbell: “This proposed repeal arises from an agitation which has been current through- out the country for the past three or four years. I believe that this. agitation against the Crop .Mort- gage Act arises from an absolute misconception of the purpose and effect of the Act. This Act does not enable a. farmer to make a bargain with a fertilizer dealer. and the fact that we repeal the Act is not going to prevent ti. farmer going to is dealer and making exactly the name bargain as he my make now. The purpose of the Crop Mortgage Act. was this:. when a dealer had 5'-mulled seed or fertilizer to a far- mer snd the farmer on the strength of those supplies had grown a crop of potatoes, the Act prevented an- other creditor of the farmer from coming in and taking those pota- toes. The question at issue in this bill is not between the farmer and the dealer: they make whatever btlrzain they like; the question is between the dealer and the other creditors of the farmer, If it were proposed to abolish this Act out- right I would be obliged to oppose the amendment but I think the form in which it has been proposed is an excellent one. It does not come into etlect until next year. and then not until it is proclaimed by the Minister.“

Mr. Mustard obiected that in the meantime it would create a good deal of uncerts’nty.

Mr. Hughes said he understood the promoter c‘aimed the amend- ment. was designed to prevent ex- ccssive prices on contracts by deal- ers and to prevent the purchase of potatoes at an improper price. The greatest offender in this regard, he submitted was an organization which had charged its own mem- hers (is 2-3 percent interest on fer- tilizer and contracted to buy their potatoes at 15 cents per bushel.

The bill. after some further dis- cussion. was reported agreed to.

On motion of Hon. Mr. McGuig- an. the House went into committee with Mr, Stewart in the chair on the Public Library Act. The bill. which repeats the existing statute. was agreed to without discussion.

UTILITIES COMMISSION FEES

On motion of the Premier, the Home went into committee with Mr. Wright in the chair on an Act to amend an Act rrspcctim the Board of Commissioners of Public Utilities.

The bill provides that "ii any public lltility. ccrporatlolr or D£‘i'— son shall fail to co:rlp'y with the terms of any order of ill!‘ Board with respect in the pnymcllt of the costs of any investigation. within ilftren days. or within such further time as mnv be fixed bv the Board after the «orvice of such order on such public utility, corporation or prrsorl the Board may proceed to collect such costs together with all expenses in the same manner as set; out in S21‘. 21 of this Act."

It was agrccd to without discus- sion.

On motion of the Premier. the Inc:mc and Personal Taxatloll Act was rrforrcd back to committee. with Mr. Wright in the clnir, for the purpose of amending the sce- tion (ie3l!l"l with tilxstiorr orr chain stores. T‘!'* amendment provlriu: for B. tax of $2000 on each branch ..i2e.in whtlzsale store, provided however that if this amount ex- \.‘€EdS 1 percent of the gross annual turnover the rate shall be f'C.’iIlC'J(l to 1 per cent of such gross tum- over.

Mr. Jones inquired if fox {Pod romplnics which come into the Province selling their pl‘0dut‘i. \‘.'*lI‘d be designated chain storcs.

selling ll every province in Can- ada?" A

Premier Campbell: “The point is that the chain stores are compet- zng with local merchants resident in the province who have large stocks and PB-v 8- heavy personal property tax." I

Mr. Acorn: “May I ask if there are any of thescvfox firms who have I:-ranch stores?"

Mr. Jones: "They have agencies."

Mr. Acorn: ‘'It does not apply to agencies. only to established branch- cs."

Mr. Jones: .“'1'hs‘yl would stock two or three warellouses at a. time."

Hon. Mr. Allen th_ought that Canada Packers and others keep- ing large warehouses would come under this provision.

Premier Campbell: “The whole- :aie'dlstributors of guoiine would probably come under the provision too."

The bill was agreed to.

APPBOPIUATION ACT

On motion of Premier Campbell. the House went into committee with Mr. Stewart in the chair on the Appropriation Act. It was ag- reed to without discussion or am- endment. I

on motion of Mr. Jones. the House went into comlnittea with Mr. Stewart in the chair on an Act to incorporate the Prince Edward Island Silver Fox Breeders and Exhibitors Association.

The promoter explained that it is proposed to afllllate with the Canadian National Silver Fox Breeders Association. and the pre- sent charter is insufflcient for this purpose. The bill was agreed to without discussion.

The report of the Legislative Library committee was received and accepted.

_Third.rcadlng was given number of bills.

The House then received the re- port of the committee on Contin- gent Accounts.

ton

EVENING SESSION

On motion of Mr. Barbour the House resumed committee reading. with Mr. Wright in the chair. on the resolution protesting against the Dominion Government's policy of leasing oyster areas.

Premier Campbell said there seemed to be general agreement in opposition to an unrestricted oyster bed leasing system, particularly as affecting public rights in the fishery industry. It was his per- sonal legal opinion that the leases granted by the Dominion Govern- ment, from the legal point of view. were,not worth the paper they were written on. Where there is A division of jurisdiction this Legis- lature would have no authority to grant away any rights belonging to the Province. The case is not even this strong because this Legislature at no time granted such rights. The sole legal document is an agreement between the Dominion and Provincial Governments, rati- fied by an order in council. There has therefore been no legislative autho:-ity*givclr and bath the gov- crnment agreement and the order in council authorizing it are en- tireiy ultra vires. The original in- tention of the agreement, he con- tinued, was entirely different from the course subsequently followed and related chiefly to experiment- ation and development of oyster cultural areas on the part of the Dominion_ It is true the agreement contained reference to the leasing of oyster beds by the Dominion but this. he C31li'.'l‘.df.‘d, was “entirely incidental" to the main provisions of thc rlgrccnicllt. The Premier re- ferred to pi-ozcsts made against the practice of leasing the areas