"a8dac086-6c45-4565-b95e-20f3f6d3dd5f"@en . "CONTENTdm"@en . "REPORT ON CERTAIN ACTS OF 1903-04."@en . "http://resolve.library.ubc.ca/cgi-bin/catsearch?bid=1198198"@en . "Sessional Papers of the Province of British Columbia"@en . "British Columbia. Legislative Assembly"@en . "2014-12-10"@en . "[1905]"@en . "https://open.library.ubc.ca/collections/bcsessional/items/1.0064210/source.json"@en . "application/pdf"@en . " 5 Ed. 7 Report on Certain Acts of 1903-04. F 15\nPAPERS\nRelating to certain Acts passed by the Legislative Assembly of the Province of British\nColumbia during the Session 1903-4.\nBy Command.\nFRED. J. FULTON,\nProvincial Secretary's Office,\n8th February, 1905.\nProvincial Secretary.\nExtract from a Report of the Committee of the Honourable the Privy Council, approved by\nthe Governor-General on the 21st June, 1904-\nThe Committee of the Privy Council have had under consideration a Report, herewith,\ndated 14th June, 1904, from the Minister of Justice, upon Chapter 54 of the Statutes of the\nProvince of British Columbia of 3 and 4 Edward VII., entitled \" An Act to secure to certain\nPioneer Settlers within the Esquimalt and Nanaimo Railway Land Belt their surface and\nunder-surface rights.\"\nThe Committee have also had before them a petition presented by the Esquimalt and\nNanaimo Railway Company, praying for the disallowance of this Act on the ground that it is\nan interference with the Company's rights in the lands contained in the Railway Belt, as assignee\nof the Dominion Government.\nThe Minister of Justice for the reasons stated in his said Report, and being of opinion\nthat such legislation is not ultra vires of the Legislature, does not think that Your Excellency\nwould be warranted in disallowing- the Act merely because the Railway Company may be put\nto some trouble and expense in the assertion or defence of its title.\nThe Committee concurring, submit the same for approval.\nJohn J. McGee,\nClerk of the Privy Council.\nHis Honour the Lieutenant-Governar of the\nProvince of British Columbia.\nDepabtment op Justice, Canada,\nOttawa, 14th June, 1904.\nTo His Excellency the Governor-General in Council:\nThe undersigned has the honour to submit herewith his Report upon Chapter 54 of the\nStatutes of the Province of British Columbia of 3 and 4 Edward VII., entitled \"An Act to\nsecure to certain Pioneer Settlers within the Esquimalt and Nanaimo Railway Land Belt,\ntheir surface and under-surface rights.\"\nA petition has been presented to Your Excellency in Council by the Esquimalt and\nNanaimo Railway Company praying for the disallowance of this Act, on the ground that it is\nan interference with the Company's rights in the lands contained in the Railway Belt, as\nassignee of the Dominion Government. A copy of the petition is annexed to this Report.\nThis petition was communicated to the Lieutenant-Governor of British Columbia, with a\nrequest that His Honour would furnish Your Excellency's Government with the observations\nof his Ministers thereon; and there also is annexed to this Report a copy of a letter from the\nLieutenant-Governor to the Secretary of State, dated 27th May, 1904, and of the approved\nreport therein referred to, embodiyng the views of the British Columbia Government with\nregard to the petition. F 16 Report on Certain Acts of 1903-04. 1905\nIt is unnecessary that the undersigned should enter minutely into the history of the\nRailway Belt in question. It will be sufficient for present purposes to state that it was set\napart in pursuance of the Terms of Union with British Columbia, to be appropriated in\nfurtherance of the construction of the proposed railway to connect British Columbia with the\nEastern Provinces ; that by the Provincial Act, 47 Vic, Chapter 14, known as the Settlement\nAct, it was granted to the Dominion Government for the purpose of constructing, and to aid\nin the construction, of a railway between Esquimalt and Nanaimo, subject to certain exceptions,\nand that the Esquimalt and Nanaimo Railway Company, the petitioners, are the assignees\nand successors in title of the Dominion Government, as set forth in the petition.\nUnder these circumstances, if the British Columbia Act would have the effect, as the\nRailway Company apparently fears, of divesting the Company of its title under the grant from\nthe Government of Canada in respect of any of the lands in the belt, the undersigned would\nfeel it to be his duty to recommend that Your Excellency should exercise his power of disallowance, in order to prevent the consummation of such an injustice. The undersigned,\nhowever, is satisfied that the Act can have no such effect. Although it recites that under the\ncircumstances set forth in the preamble the settlers referred to therein are entitled to peaceable\nand absolute possession of the lands occupied by them, and to a title thereto in fee simple, in\naccordance with the Statutes of British Columbia existing at the time of their settlement, it\ndoes not proceed to enact or to declare, by way of enactment, that the lands are or shall be\nvested in them, but enacts only that upon the application of the settlers, and upon their\nestablishing certain facts, Crown grants of the fee simple shall be issued to them, free of charge,\nin accordance with the provisions of the Land Act in force at the time when the land was first\noccupied or improved, and that the rights granted to the settler under the Act shall be asserted\nby and be defended at the expense of the Crown. Now a Crown grant issued pursuant to such\nan Act can, in the opinion of the undersigned, convey to the grantee such title only as the\nProvince has in the lands which it purports to grant. In so far as it purports to grant lands,\nor coal, or other minerals, which under the Settlement Act were granted to Canada, and under\ngrant from Canada have passed to the Company, it will be inoperative, but it is possible that\nsome of the land occupied, as set forth in the recitals to the Act, is covered by exceptions from\nthe grant to Canada and remains the property of the Province, and so far as that is the case\nthe Act may have effective operation.\nTaking the view thus explained as to the effect of the Act, and being of opinion that such\nlegislation is not idtra vires of the Legislature, the undersigned does not think that Your\nExcellency would be warranted in disallowing the Act merely because the Railway Company\nmay be put to some trouble and expense in the assertion or defence of its title.\nRespectfully submitted.\n(Signed) C. Fitzpatbick,\nMinister of Justice.\nDepabtment of Justice, Ottawa,\n29th October, 1904.\nTo His Excellency the Governor-General in Council:\nThe undersigned has the honour to submit his Report on the Statutes of the several\nProvinces, passed at the last Sessions of the Legislatures thereof (1904), as follows :\u00E2\u0080\u0094\nBritish Columbia, 3 and 4 Edward VII. ; received by the Secretary of State on the 4th\nJanuary, 1904.\nThese Acts may be left to such operation as they may have, except Chapter 15, intituled\n\" An Act respecting the Constitution, Practice and Procedure of the Supreme Court of British\nColumbia, and for other purposes relating to the Administration of Justice.\"\nSection 5 contains a provision that the persons to be appointed Judges of the Supreme\nCourt of British Columbia shall be Barristers-at-Law of not less than ten years' standing, of\nwhich ten years they shall have been for five years actively engaged in practice at the Bar of\nBritish Columbia.\nThis provision is, in the opinion of the undersigned, ultra vires, and ought not to be\nallowed to stand ; a similar enactment by the Province of Nova Scotia was considered some\nyears ago by the Department of Justice, and the Minister recommended that it be disallowed 5 Ed. 7 Report on Certain Acts of 1903-04. F 17\nunless repealed by the Legislature. See the Order in Council setting forth the reasons of the\nMinister, approved by His Excellency the Governor-General on 19th November, 1896. (Provincial legislation, 1896-8, pages 12 to 14.)\nFor the, same reason the undersigned recommends that inquiry be made immediately of the\nLieutenant-Governor of British Columbia as to whether the clause in question will be repealed\nwithin the time limited for disallowance. The Lieutenant-Governor's reply, when received,\nshould be referred to the undersigned for further consideration.\nChapter 17, intituled \"An Act to consolidate and amend the law respecting the qualification and registration of Electors, the regulation of Elections of Members of the Provincial\nLegislative Assembly, and the Trial of Controverted Elections,\"\nChapter 26, intituled \"An Act to regulate Immigration into British Columbia,\" and\nChapter 39, intituled \" An Act to amend the Coal Mines Regulation Act,\" ,\nare reserved for further report.\nChapter 54, intituled \" An Act to secure to certain Pioneer Settlers within the Esquimalt\nand Nanaimo Railway Land Belt their surface and under-surface rights,\" has been already\nconsidered and left to its operation by Order-in-Council of 21st June last.\nChapter 62, intituled \"An Act to amend the \"Vancouver Incorporation Act, 1900.\"\nThere has been referred to the undersigned copy of the petition of the City of Vancouver\npraying that this Act be disallowed on the grounds therein stated. The petitioners are\nopposed to having a Board of Police Commissioners for the City and they allege that the Bill\nwas unduly hastened through the Legislature; also that the facts of the case were misrepresented, and that there was breach of faith.\nThese reasons, however, do not affect the validity or character of the legislation so far as\nthe capacity of the Legislature goes, and the undersigned considers that the grievance of the\nCity, if any exists, should be adjudged by the Legislature, which has authority to remedy it,\nand that it would not be within the province of your Excellency's Government to take any\naction based upon any view which it may hold as to the facts and reasons urged for disallowance.\nThe undersigned does not, therefore, recommend any interference with this Act, but he\nrecommends that the City of Vancouver be informed of the grounds of this report and the\nconclusion of your Excellency's Government upon the petition.\nExtract from a Report of the Committee of the Honourable the Privy Council, approved by\nthe Governor-General on the 29th December, 1901/..\nThe Committee of the Privy Council have had under consideration a Report, dated 16th\nNovember, 1904, from the Minister of Justice with respect to Chapters 17 and 39 of the Acts\nof British Columbia, passed at the last Session of the Legislature in 1904.\nThe Committee concurring in said Report submit the same for approval.\nJohn J. McGee,\nClerk of the Privy Council.\nHis Honour the Lieutenant-Governor of British Columbia.\nDepartment of Justice, Canada,\nOttawa, 16th November, 1904.\nTo His Excellency the Governor-General in Council:\nThe undersigned has the honour to Report that Chapter 17 of the Acts of British\nColumbia, passed at the last Session of the Legislature (1904), intituled \" An Act to Consolidate\nand Amend the Law respecting the Qualification and Registration of Electors, the Regulation\nof the Election of Members of the Provincial Legislative Assembly, and the Trial of Controverted Elections,\" provides, among other things, that every male of the full age of twenty-one,\nnot being disqualified by this Act, or by any other law in force in the Province, being entitled\nwithin the Province to the privileges of a natural-born British subject, and being able to read F 18 Report on Certain Acts of 1903-04 1905\nthe Act, or any portion thereof, to the satisfaction of the Registrar if required so to do, having\nresided in the Province for six months, and in the Electoral District in which he claims to vote\nfor one month, and being duly registered, shall be entitled to vote.\nThe general intention is apparently to extend the right to vote to male British subjects\nof the age of twenty-one years resident in the Province. It is provided, however, that no\nChinaman, Japanese or Indian shall have his name placed on the Register of Voters for any\nElectoral District, or be entitled to vote at any election; and by the interpretation clause the\nwords \"Chinaman\" and \"Japanese\" are defined to include any person of these races respectively, whether naturalized or not.\nThe Naturalization Act, R. S. C, chapter 113, section 15, provides that an alien to whom\na certificate of naturalization is granted, shall within Canada be entitled to all political and\nother rights, powers and privileges, and be subject to all obligations to which a natural-born\nBritish subject is entitled or subject within Canada.\nThe undersigned does not doubt that a Legislature may define the local franchise, but he\nconsiders that Your Excellency's Government ought not to approve of the policy of a Legislature withholding from naturalized British subjects, merely because of their race or naturalization, rights or privileges conferred generally upon natural-born British subjects of the same class.\nParliament having exclusive authority with regard to naturalization and aliens, has, the undersigned apprehends, the right to declare what the effect of naturalization shall be; and local\nlegislation which is intended to interfere, or has the effect of interfering, with the apparent\npolicy of Parliament in the exercise of its powers with regard to any subject may, in the\nopinion of the undersigned, even if it can be held to be intra vires of the Legislature, properly\nbe disallowed by Your Excellency. It appears to the undersigned to be quite undesirable in\nthe public interest that naturalized British subjects should be made subject to a disability or\nexceptional treatment, having regard to the rights conferred upon British subjects generally;\nand he understands that the view is expressed or implied in the section of the Naturalization\nAct above referred to. The undersigned would, for that reason, recommend disallowance were\nit not for the fact that the provisions in question are merely re-enactments of similar provisions\nwhich have been standing in the British Columbia Election Acts for a number of years. The\ndisallowance of the present Statute would not, therefore, affect the law of British Columbia in\nthis particular.\nThe undersigned hopes, however, that this matter will be further considered by the\nProvincial Legislature, and such amendments made as may be necessary to remove the\nobjections herein stated.\nChapter 39.\u00E2\u0080\u0094\"An Act to amend the 'Coal Mines Regulation Act,'\" contains only one\nprovision. It is in amendment of section 2 of the \" Coal Mines Regulation Act,\" R. S. B. C.\n(1897), Chapter 138, whereby it is enacted that \"the words 'Chinamen and Chinese' shall\ninclude any person or persons of the Chinese blood or race, whether born with the limits of the\nChinese Empire or its Dependencies or not, and shall not be affected by naturalization.\"\nThis is an interpretation clause, and of course has no effect except as defining the terms\nmentioned therein where they appear elsewhere in the Act.\nReferring to the amended Act, it is provided by section 4 that \" no boy under the age of\ntwelve years, and no woman or girl of any age, and no Chinaman, shall be employed in or\nallowed to be for the purpose of employment in any mine to which this Act applies below\nground.\"\nBy section 12 it is provided that any person who contravenes or fails to comply with any\nprovision of the Act with respect to the employment of Chinamen shall be guilty of an offence\nagainst this Act, and by section 82, rule 34, no Chinaman shall occupy any position of trust\nor responsibility in or about a mine whereby through his ignorance, carelessness or negligence he\nmight endanger the life or limb of any person therein employed. These, so far as the undersigned has discovered, are the only provisions of the amended Act expressly relating to Chinamen. Section 4, above quoted, was held ultra vires by the Judicial Committee of the Privy\nCouncil in the case of the Union Colliery of British Columbia vs. Bryden, 1899, Appeal Cases,\np. 580, as legislation affecting naturalization and aliens. Upon the same principle the undersigned assumes that the other provisions of the amended Act to which he has called attention,\nare ultra vires, and the question arises as to what can be the intention of the Legislature in\nextending the meaning of the word \" Chinaman \" in this Act where it has been held by the\nhighest judicial authority incompetent to the Legislature to enact the provisions in which the\nword occurs. 5 Ed. 7\nReport on Certain Acts of 1903-04.\nF 19\nThe amending Act is also objectionable, as apparently attempting to deprive naturalized\nChinamen, on account of their naturalization, of rights which they now have.\nFor these reasons it appears to the undersigned that this Act should be disallowed.\nBefore recommending such action to be taken, however, he considers that a copy of this Report,\nif approved, should be transmitted to the Lieutenant-Governor of British Columbia for any\nexplanation or remarks which he may desire to offer, and that he be particularly requested to\ninform Your Excellency's Government, as soon as possible, as to what object within the legislative capacity of the Assembly is intended to be accomplished by this Act. Upon receiving\na reply from the Lieutenant-Governor it should be referred to the undersigned for further\nconsideration.\nHumbly submitted.\n(Signed) C. Fitzpateick,\nMinister of Justice.\nExtract from a Report of the Committee of the Honourable the Privy Council, approved by\nHis Excellency the Governor-General, 20th January, 1905.\nThe Committee of the Privy Council have had under consideration a Report, dated 16th\nNovember, 1904, from the Minister of Justice with reference to Chapter 26 of the Acts of\nBritish Columbia, passed at the last Session of the Legislature in 1904.\nThe Committee concurring in the said Report submit the same for approval.\nHis Honour the Lieutenant-Governor,\nProvince of British Columbia.\nJohn J. McGee,\nClerk of the Privy Council.\nDepabtment of Justice, Canada,\nOttawa, 16 th November, 1904.\nTo His Excellency the Governor-General in Council :\nThe undersigned has had under consideration Chapter 26 of the Acts of British Columbia,\npassed at the last Session of the Legislature (1904), intituled \" An Act to Regulate Immigration\ninto British Columbia.\"\nThis Act bears the same title and is essentially of the same effect as other Acts of the\nProvince which have during recent years been disallowed by Your Excellency. It prohibits\nthe immigration into British Columbia (subject to certain exceptions) of any person who when\nasked to do so by an officer fails to write out at dictation in the characters of some language\nof Europe, and sign, in the presence of the officer, a passage of fifty words in length in an\nEuropean language directed by the officer. Among other immigrants excepted from this\nprohibition are those excepted by certificate in writing of the Minister charged with the\nadministration of the Act, or of any officer appointed to enforce its provisions. Power is conferred to prevent prohibited immigrants from entering the Province, and to deport those who\nhave entered; and masters of vessels arriving at ports in the Province with passengers are\nrequired to submit their passenger lists and answer questions and assist the Provincial Officers\nin the performance of their duties under the Act. Regulations may be made by the Lieutenant-\nGovernor in Council to empower officers to determine whether any person is a prohibited\nimmigrant, and to prescribe a tariff of fees to be paid by persons to cover any expenses which\nmay be incurred in determining whether such persons are or are not prohibited immigrants.\nThis Act, therefore, contains all the provisions which have been condemned in the British\nColumbia Immigration Acts recently disallowed. The grounds of objection to these Acts have\nbeen stated and reiterated on behalf of Your Excellency's Government. See particularly the\nreports of the Minister of Justice of 5th January and 4th September, 1901, upon which the Act\nto Regulate Immigration into British Columbia of 1900, was disallowed. F 20 Report on Certain Acts of 1903-04. 1905\nThe undersigned does not consider, in view of the past correspondence and action of Your\nExcellency's Government having regard to such legislation, that any object is to be attained\nby further communication with the local authorities, and he recommends following the decision\nwhich was previously reached and the course adopted on previous occasions, that this Act be\ndisallowed.\nHe recommends, further, that a copy of this report, if approved, be transmitted to the\nLieutenant-Governor of British Columbia for the information of his Government.\nHumbly submitted.\n(Signed) C. Fitzpatrick,\nMinister of Justice.\nAT THE GOVERNMENT HOUSE AT OTTAWA,\nThe 20th day of January, 1905.\nPbesent :\nHIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.\nWhereas the Lieutenant-Governor of the Province of British Columbia, with the Legis\nlative Assembly of that Province, did, on the 10th day of February, 1904, pass an Act which\nhas been transmitted, chaptered 26, and intituled \" An Act to Regulate Immigration into\nBritish Columbia \" :\nAnd whereas the said Act has been laid before the Governor-General in Council, together\nwith a report from the Minister of Justice, recommending that the same should be disallowed :\nTherefore the Governor-General in Council has thereupon this day been pleased to declare\nHis Disallowance of the said Act, and the same is hereby 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 Albert Henry George, Earl Grey, Governor-General of Canada, do hereby certify\nthat the Act passed by the Legislature of the Province of British Columbia, on the 10th day\nof February, 1904, chaptered 26, and intituled \" An Act to Regulate Immigration into British\nColumbia,\" was received by the Governor-General of Canada on the 24th day of March, 1904.\nGiven under my Hand and Seal, at Ottawa, this 20th day of January, 1905.\n[L. S.] Grey.\nVICTORIA, B. C. :\nPrinted by Richard Wolpenben, I.S.O., V.D., Printer to the King's Most Excellent Majesty.\n1905."@en . "Legislative proceedings"@en . "J110.L5 S7"@en . "1905_08_F15_F20"@en . "10.14288/1.0064210"@en . "English"@en . "Vancouver : University of British Columbia Library"@en . "Victoria, BC : Government Printer"@en . "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"@en . "Original Format: Legislative Assembly of British Columbia. Library. Sessional Papers of the Province of British Columbia"@en . "PAPERS Relating to certain Acts passed by the Legislature Assembly of the Province of British Columbia during the Session 1903-04."@en . "Text"@en . ""@en .