{"@context":{"@language":"en","AIPUUID":"https:\/\/open.library.ubc.ca\/terms#identifierAIP","AggregatedSourceRepository":"http:\/\/www.europeana.eu\/schemas\/edm\/dataProvider","AlternateTitle":"http:\/\/purl.org\/dc\/terms\/alternative","CatalogueRecord":"http:\/\/purl.org\/dc\/terms\/isReferencedBy","Collection":"http:\/\/purl.org\/dc\/terms\/isPartOf","Creator":"http:\/\/purl.org\/dc\/terms\/creator","DateAvailable":"http:\/\/purl.org\/dc\/terms\/issued","DateIssued":"http:\/\/purl.org\/dc\/terms\/issued","DigitalResourceOriginalRecord":"http:\/\/www.europeana.eu\/schemas\/edm\/aggregatedCHO","FileFormat":"http:\/\/purl.org\/dc\/elements\/1.1\/format","FullText":"http:\/\/www.w3.org\/2009\/08\/skos-reference\/skos.html#note","Genre":"http:\/\/www.europeana.eu\/schemas\/edm\/hasType","Identifier":"http:\/\/purl.org\/dc\/terms\/identifier","IsShownAt":"http:\/\/www.europeana.eu\/schemas\/edm\/isShownAt","Language":"http:\/\/purl.org\/dc\/terms\/language","Provider":"http:\/\/www.europeana.eu\/schemas\/edm\/provider","Publisher":"http:\/\/purl.org\/dc\/terms\/publisher","Rights":"http:\/\/purl.org\/dc\/terms\/rights","SortDate":"http:\/\/purl.org\/dc\/terms\/date","Source":"http:\/\/purl.org\/dc\/terms\/source","Title":"http:\/\/purl.org\/dc\/terms\/title","Type":"http:\/\/purl.org\/dc\/terms\/type","Translation":"http:\/\/purl.org\/dc\/terms\/description"},"AIPUUID":[{"@value":"818190d0-5c54-4c06-9c32-59e61b1446d3","@language":"en"}],"AggregatedSourceRepository":[{"@value":"CONTENTdm","@language":"en"}],"AlternateTitle":[{"@value":"ACTS OF 1898.","@language":"en"}],"CatalogueRecord":[{"@value":"http:\/\/resolve.library.ubc.ca\/cgi-bin\/catsearch?bid=1198198","@language":"en"}],"Collection":[{"@value":"Sessional Papers of the Province of British Columbia","@language":"en"}],"Creator":[{"@value":"British Columbia. Legislative Assembly","@language":"en"}],"DateAvailable":[{"@value":"2014-12-10","@language":"en"}],"DateIssued":[{"@value":"[1899]","@language":"en"}],"DigitalResourceOriginalRecord":[{"@value":"https:\/\/open.library.ubc.ca\/collections\/bcsessional\/items\/1.0383376\/source.json","@language":"en"}],"FileFormat":[{"@value":"application\/pdf","@language":"en"}],"FullText":[{"@value":" 62 Vict. Acts of 1898. 1397\nFURTHER PAPERS\nRelating to the Acts passed  by the Legislature of the Province of British Columbia\nduring the Session of 1898.\nBy Command.\nC. A. SEMLIN,\nProvincial Secretary.\nProvincial Secretary s Office,\nJuly 11th, 1899.\nExtract from a Report of the Committee of the Honourable the Privy Council, approved by His\nExcellency on the 5th June, 1899.\nThe Committee have had under consideration a Report, hereto annexed, dated 29th May,\n1899, from the Minister of Justice, referring to the Minute of Council approved on tbe 17th\nDecember, 1898, respecting the Statutes of the Province of British Columbia, 1898, and\nstating that, as to Chapter 39, \"An Act respecting the Canadian Pacific Navigation Company,\nLimited,\" he has been informed that the Provincial Legislature, at its last session, pursuant\nto the recommendation contained in the said Minute of Council, passed an amendment\nremoving the grounds of objection to which the Minister of Justice called attention in his\nReport of the 8th November, 1898, approved by the said Minute, and that the Act may\ntherefore be left to its operation.\nThe Minister recommends, with respect to the Acts which were stated by the said Report\nto be objectionable as affecting Japanese in British Columbia, which Acts are Chapters 10, 28,\n30, 44, 46, 47, 48, 50, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, and 64, that the same be\nleft to their operation, except Chapters 28 and 44; with an earnest recommendation to the\nProvincial Government, based upon the reasons stated in the Report of the 29th May, 1899,\nherewith, that at the next ensuing session of the Legislature they introduce legislation in each\ncase to repeal the clause in question.\nThe Minister further recommends, for the reasons set forth in the said Report of the 29th\nMay, 1899, that Chapter 28 of the Statutes of the Province of British Columbia, 1898,\nintituled \" An Act relating to the employment of Chinese or Japanese persons on works\ncarried on under franchises granted by Private Acts,\" and also Chapter 44 of the said Statutes,\nentitled \"The Tramway Incorporation Amendment Act, 1898,\" be disallowed.\nThe Committee concur in the said Report and the recommendations therein set forth, and\nsubmit the same for Your Excellency's approval; and the Committee advise that a certified\ncopy of this Minute, if approved, together with a copy of the said Report, be transmitted to\nthe Lieutenant-Governor of British Columbia for the information of his Government.\nJohn J. McGek,\nClerk of the Privy Council.\nHis Honour\nThe Lieutenant-Governor of British Columbia.\n 1398 Acts of 1898. 1898\nDepartment op Justice, Canada.\nB. C. Legislation.\nOttawa, 29th May, 1899.\nTo His Excellency\nThe Governor-General in Council.\nThe undersigned, referring to his Report respecting the Statutes of the Province of British\nColumbia of 1898, dated 8th of November last, which was approved by Your Excellency in\nCouncil on 17th December, has the honour to state that, as to Chapter 39, \"An Act respecting\nthe Canadian Pacific Navigation Company, Limited,\" the undersigned has been informed that\nthe Provincial Legislature, at its last session, pursuant to the recommendation of the said\nReport, passed an amendment removing the grounds of objection to which the undersigned\ncalled attention, and that the Act may therefore be left to its operation.\nThe Acts which were stated by the said Report to be objectionable as affecting Japanese\nin British Columbia are Chapters 10, 28, 30, 44, 46, 47, 48, 50, 52, 53, 54, 55, 56, 57, 58, 59,\n60, 61, 62, 63, and 64.\nAs to these Statutes, the recommendations of the said Report have been carried into\neffect, and Your Excellency's Government have communicated with Her Majesty's Government\nand with the Provincial Government.\nThe undersigned, by his Report of 7th March last, which was approved by Your\nExcellency on. 13th March, submitted copy of the reply of the Provincial Government, and\nrecommended that it be transmitted to the Right Honourable the Principal Secretary of State\nfor the Colonies, in order that he might submit any observations which he might deem proper\nfor the consideration of Your Excellency's Government.\nThere has been referred to the undersigned copy of a despatch from Mr. Chamberlain to\nYour Excellency, dated 23rd March last, acknowledging the despatch of Your Excellency of\nthe 27th February, No. 40, forwarding copy of a letter from the Japanese Consul at Vancouver,\nin which he calls attention to certain measures which were introduced by the Legislature of\nBritish Columbia during the last session, prohibiting the employment of Japanese, and renewing with regard to these measures the objections which he urged against the legislation now\nin question. It is stated in this despatch that Her Majesty's Government much regret to\nfind the Government and Legislature of British Columbia adopting a course which is justly\nregarded as offensive by a friendly power, and that Her Majesty's Government strongly\ndeprecates the passing of exceptional legislation affecting Japanese already in British Columbia.\nThe undersigned has carefully considered the reasons stated in support of the legislation\nby the Government of British Columbia. He observes that while the Statutes in question\nhave not rendered unlawful the employment of Japanese generally, yet they have that effect so\nfar as the companies incorporated by the Provincial Legislature and within the application of\nthese Statutes are concerned. Such legislation may operate to diminish Chinese and Japanese\nimmigration into the Province, which, as appears by the statement of the Provincial Government, is the main object; or if, as is to be inferred from the Provincial despatch, the conditions are such as to induce employers to prefer Asiatic labour, the result might be such as to\ncause employers to carry on their business as individuals or partnerships rather than as\ncorporations, under the laws of the Province. The undersigned does not consider, however,\nthat the reasons urged on behalf of the Province, or any other reasons which occur to him,\nare such as to justify Your Excellency's Government in approving of the legislation, in view\nof the strong objections urged against it by the Government of Japan, which objections have\nbeen so far upheld by Her Majesty's Government, as the correspondence upon the subject\nshows. The advantages to be derived by the Province of British Columbia from these enactments are, in the opinion of the undersigned, very doubtful, and not at all corresponding in\nimportance to the advantages which may be expected both for the Province and the Dominion\nat large from a friendly sentiment on the part of Japan in matters of commerce and otherwise. When it is considered further that these enactments may affect not only the relations\nbetween the Dominion and Japan, but also the relations of the Empire with the latter country,\nas Her Majesty's Government seem to apprehend they may do, the duty of Your Excellency's\nGovernment to provide a remedy, so far as the circumstances fairly permit, becomes apparent.\nIt is pertinent here to remark also that the authority of a Province to legislate in relation\nto immigration into the Province is by the British North America Act made subordinate to\n 62 Vict. Acts of 1898. 1399\nthe authority of Parliament; and as these Acts are upheld largely as affecting immigration,\nthe case seems to be one in which it is intended that Dominion policy should prevail.\nThe power of the Legislature to enact these Statutes is not by any means free from\ndoubt, because they principally affect the rights of aliens, and the subject of aliens is not\nwithin Provincial authority. It is not, however, in view of the foregoing considerations,\nnecessary at present to determine the question of ultra vires.\nThe undersigned observes that chapter 28, to which the short title is given of the\n\"Labour Regulation Act, 1898,\" is confined in its provisions to the employment in British\nColumbia of Chinese or Japanese, and chapter 44, entitled the \"Tramway Incorporation\nAmendment Act, 1898.\" These Acts may, therefore, be disallowed without serious inconvenience. The other Statutes mentioned in the Report of the undersigned of 8th November\nlast are mainly concerned with the incorporation of companies, and they came into effect\nupwards of a year ago. In these cases, or some of them, doubtless companies have been\norganized and property acquired, debts and obligations incurred and business transacted, on\naccount of which great inconvenience, confusion and loss would result if the Acts upon which\nthese companies depend were now disallowed. The corporations themselves and the persons\nwho have dealt with them cannot properly be held responsible for the objectionable provision\nin the constituting Acts, because this section seems to have been introduced in pursuance of a\npolicy of the Government to disqualify Chinese and Japanese from employment by Provincial\ncorporations. The effect of such a provision also, being confined to a few corporations, is\ncomparatively limited. The undersigned, therefore, considers that the justice of the case will\nbe met by disallowing the general Act, namely, chapter 28, cited as the \" Labour Regulation\nAct, 1898,\" and also chapter 44, entitled the \"Tramway Incorporation Amendment Act,\n1898 \"; and, on account of the inconvenience, confusion and loss which would otherwise ensue,\nleaving the other Statutes to their operation, with an earnest recommendation to the Provincial Government, based upon the reasons stated in this Report, that at the next ensuing\nsession of the Legislature they introduce legislation in each case to repeal the clause in\nquestion.\nThe undersigned further recommends that a copy of this Report, if approved, be transmitted to the Lieutenant-Governor of British Columbia, for the information of his Government.\nRespectfully submitted,\n(Signed)        David Mills,\nMinister of Justice.\nMr.  Chamberlain to Lord Minlo.\n(Canada, No. 58.) Downing Street, 23rd March, 1899.\nMy Lord,\u2014I have the honour to acknowledge the receipt of your despatch No. 40 of\nthe 27th February, forwarding copy of a letter from the Japanese Consul at Vancouver, in\nwhich he calls attention to certain measures which have been introduced into the Legislative\nAssembly of British Columbia during its present session prohibiting the employment of\nJapanese, and renewing with regard to these measures the objections which he urged against\nthe legislation of the same nature passed by the Legislature of that Province last year.\n2. H. M. G. much regret to find the Government and Legislature of B. C. adopting a\ncourse which is justly regarded as offensive by a friendly power, and they hope that your\nMinisters will be able to arrange for the cancellation of the objectionable provisions and the\nsubstitution of a measure which, while it will secure the desired exclusion of undesirable\nimmigrants, will obtain that result by means of some such general test as that already\nsuggested in my despatch No. 214 of the 20th July, 1898. In any case, H. M. G. strongly\ndeprecate the passing of exceptional legislation affecting Japanese already in the Province.\nI have, (fee,\n(Signed)       J. Chamberlain.\nGovernor-General, &c, &c.\n 1400 Acts of 1898. 1898\nAT THE GOVERNMENT HOUSE AT OTTAWA.\nMonday, 5th day of June, 1899.\npresent:\nHIS EXCELLENCY IN COUNCIL.\nWhereas the Lieutenant-Governor of the Province of British Columbia, with the Legislative Assembly of that Province, did on the 20th day of May, 1898, pass an Act which has\nbeen transmitted, chaptered 44, and intituled \" An Act to amend the Tramway Incorporation Act\":\nAnd whereas the said Act has been laid before His Excellency the Governor-General in\nCouncil, together with a Report from the Minister of Justice recommending that the said Act\nshould be disallowed:\nTherefore His Excellency, by and with the advice of the Queen's Privy Council for\nCanada, has this day been pleased to declare his disallowance of the said Act, and the same is\nhereby disallowed accordingly.\nWhereof the Lieutenant-Governor of the Province of British Columbia, and all other\npersons whom it may concern, are to take notice and govern themselves accordingly.\nJohn J. McGee,\nClerk of the Privy Council.\nI, Sir Gilbert John Elliott Murray-Kynnynmond, Earl of Minto, Governor-General of\nCanada, do hereby certify that the Act passed by the Legislature of the Province of British\nColumbia on the 20th clay of May, 1898, chaptered 44, and intituled \"An Act to amend the\nTramway Incorporation Act,\" was received by His Excellency the Governor-General of Canada\non the 8th day of June, 1898.\nGiven under my hand and seal this 5th day of June, 1899.\n[l.s.] Minto.\nAT THE GOVERNMENT HOUSE AT OTTAWA.\nMonday, 5th day of June, 1899.\npresent :\nHIS EXCELLENCY IN COUNCIL.\nWhereas the Lieutenant-Governor of the Province of British Columbia, with the Legislative Assembly of that Province, did on the 20th day of May, 1898, pass an Act which has\nbeen transmitted, chaptered 28, and intituled \"An Act relating to the employment of Chinese\nor Japanese persons on works carried on under franchises granted by Private Acts\":\nAnd whereas the said Act has been laid before His Excellency the Governor-General in\nCouncil, together with a report from the Minister of Justice recommending that the said Act\nshould be disallowed ;\nTherefore His Excellency, by and with the advice of the Queen's Privy Council for\nCanada, has this day been pleased to declare his disallowance of the said Act, and the same is\nhereby disallowed accordingly.\nWhereof the Lieutenant-Governor of the Province of British Columbia, and all other\npersons whom it may concern, are to take notice and govern themselves accordingly.\nJohn J. McGee,\nClerk of the Privy Council.\nI, Sir Gilbert John Elliott Murray-Kynnynmond, Earl of Minto, Governor-General of\nCanada, do hereby certify that the Act passed by the Legislature of the Province of British\nColumbia on the 20th day of May, 1898, chaptered 28, and intituled \"An Act relating to the\nemployment of Chinese or Japanese persons on works carried on under franchises granted by\nPrivate Acts,\" was received by His Excellency the Governor-General of Canada on the eighth\nday of June, 1898.\nGiven under my hand and seal this 5th day of June, 1899.\n[l.s.] Minto.\nvictoria, b. c.\nPrinted by Richard WOLFENDKN, Printer to the Queen's Most Excellent Majesty.\n1899.\n","@language":"en"}],"Genre":[{"@value":"Legislative proceedings","@language":"en"}],"Identifier":[{"@value":"J110.L5 S7","@language":"en"},{"@value":"1899_63_1397_1400","@language":"en"}],"IsShownAt":[{"@value":"10.14288\/1.0383376","@language":"en"}],"Language":[{"@value":"English","@language":"en"}],"Provider":[{"@value":"Vancouver : University of British Columbia Library","@language":"en"}],"Publisher":[{"@value":"Victoria, BC : Government Printer","@language":"en"}],"Rights":[{"@value":"Images provided for research and reference use only. For permission to publish, copy or otherwise distribute these images please contact the Legislative Library of British Columbia","@language":"en"}],"SortDate":[{"@value":"1899-12-31 AD","@language":"en"},{"@value":"1899-12-31 AD","@language":"en"}],"Source":[{"@value":"Original Format: Legislative Assembly of British Columbia. Library. Sessional Papers of the Province of British Columbia","@language":"en"}],"Title":[{"@value":"FURTHER PAPERS Relating to the Acts passed by the Legislature of the Province of British Columbia during the Session of 1898.","@language":"en"}],"Type":[{"@value":"Text","@language":"en"}],"Translation":[{"@value":"","@language":"en"}],"@id":"doi:10.14288\/1.0383376"}