The Day of Sir Wilfrid Laurier: A Chronicle of Our Own TimeSkelton, Oscar D. (Oscar Douglas)
History
The Day of Sir Wilfrid Laurier: A Chronicle of Our Own Time
Skelton, Oscar D. (Oscar Douglas)
Canada -- History -- 1867-1914; Laurier, Wilfrid, Sir, 1841-1919
The regulation of the liquor traffic provided the next battle-ground.
In 1876 Ontario had passed the Crooks Act, which took the power of
granting licences from the municipalities and gave it to provincial
commissioners. Two years later the Dominion parliament passed the
Scott Act, giving counties power to {70} prohibit the sale of liquor
within their limits. The constitutionality of this act was upheld in
1882 in the Russell case, and Sir John Macdonald concluded that if the
Dominion had power to pass the Scott Act, the province had not the
power to pass the Crooks Act. 'If I carry the country,' he declared at
a public meeting in 1882, 'as I will do, I will tell Mr Mowat, that
little tyrant who has attempted to control public opinion by getting
hold of every office from that of a Division Court bailiff to a
tavern-keeper, that I will get a bill passed at Ottawa returning to the
municipalities the power taken from them by the Licence Act.' At the
next session the M'Carthy Act was passed, providing, not for municipal
control, but for control by federal commissioners. Here again the
highest courts held in 1883 and 1884 that the Ontario measure was
within the power of the province, but that the M'Carthy Act was beyond
that of the Dominion. Once more 'the little tyrant' had scored!
The Dominion Franchise Act of 1885 was the last important measure which
need be noted in this connection. By the British North America Act the
Dominion was to adopt the provincial franchise lists for its elections
{71} until parliament should order otherwise. Sir John Macdonald
decided, after eighteen years' use of the provincial lists and six
half-hearted attempts to change this situation, that the Dominion
should set up its own standard, in order both to secure uniformity and
to preserve the property qualifications which Ontario and the other
provinces were throwing overboard. The Opposition contended that this
was an attack upon provincial rights. The argument was weak; there
could be no doubt of the constitutional power of the Dominion in this
matter. Better founded were the attacks of the Opposition upon
specific clauses of the measure, such as the proposal to enfranchise
Indians living upon government reserves and under government control,
and the proposal to put the revision of the lists in the hands of
partisan revising barristers rather than of judges. The
'Conservatives' proposed, but did not press the point, to give single
women the franchise, and the 'Liberals' opposed it. After months of
obstruction the proposal to enfranchise the western Indians was
dropped,[2] an appeal to {72} judges was provided for the revision of
the lists, and the income and property standards were reduced.
Inconsistently, in some provinces a variation from the general
standards was permitted. The Franchise Act of 1885 remained in force
until after the coming of the Liberals to power in 1896, when it was
repealed without regret on either side.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account