The Huron Signal, 1884-9-12, Page 2'
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▪ LIQUOR UCENSE ACTS.
Aa IMeort st Jstlpntt,
L etas Covina'Cooter or tau Covert
Mr Bowie
_
Is tkelllakar at appeal between
Useuss Tnensar.D. Appel/oat,
–AND
Shwas YAMS. Bssp--4sat
Onotee ion under Liquor Lianas Act,
1884, Ontario, gnashed.
Th. Act held to be ultra vires being
. ab ueefece Dominion Act. The
lAquer teal, Dentition, held
to the law la tore regulating taverns,
to
Ili DAvitea, he the Appel. it.
ML M G. CAMasot., fur t&c Re i.w-
drNf dA. Aetevvtey-(loners! of (Muria.
Totter, Ou J.
This is an tipped from the conviction
of two Justices of the Peace whereby
the Appellant is o. nvicted of an offence
against •onion 'J3 a "The Liquor
Liens Act, 1884, Ontario."
"
The objections taken by the summons
mite :
1. Noevidene to sustain t he offence, if
any.
2. No penalty provided by the Act.
3. Act ultra cine of the Legislature
d °uteri.,.
4. No license proved.
6. Conviction nut sufficient in law.
1 am satisfied that the evidence, al-
though not very satisfactory, was sof-
bent to justify the Magistrates in
finding the Appellant guilty of the of-
fence charged.
As to the second objection, the Act
provides that it shall be read with and
as part of "The Liquor License Act. '
kW reading it, the 51st section gives the
immalt7 twp.ed.
As to the fourth objection, I have
the power to allow further evidence to
be siven,and I allowed the Respondent to
fib his certificate, which by the Liquor
License Act is !nada evidence of the
issuing of • license.
The third objection is the principle
one, viz: That the Act creating the
offence was and is ultra rirrs of the
Legislative of Ontario, it haying been
taelesubsequent 4, ' The Liquor
use Act, 1883," Dominion, which
came into force on the first day of Janu-
ary, 1884, the 65th section of which is
iadentical with the 23rd section of the
Ontario Act in question ; both sections ,
read,"Not more than one bar shall be
kept in any house ur premises lionised
under this Act."
L the eases of The eitixnt's Insensate
Ce. s& Parsons, : L. R. aero'! eases, !4; ;
.fin sell se. the Ones 7 L. R. omit
eases, 819; and H«!;r rs, the Omen,
the principle of construction to be ob- t
served in considering the distribution of
legislative powers under the B. N. A
Act, and the general scope of sections
91 and 92 and their relation to each d
ether, u fully ceuudered by their lora- a
ships of the Privy Council. According D
oto the principle .4 construction there t
pointed out, the first question is, f
*bother the Act In gumbo.' falls within o
any of the classes of subjects enumerated!
in section 92 as being assigned exclusive-
Iy to the Legtalaturee of the Provinces; p
if it does, then thefurtberquestiun we.uld w
aro, via : Whether the subject of the t
Act does not alar/ fall within one of
the enumerated classes t.f subjects in
asetion 91, and so does not still belong
W the Dominion Parliament.
the British Veath Atr,.siea statute of
It was deeided rime years age
tNssiw shoot OValit, 36 U. C. R. 160,
that the Laical Legislature bei the power
to regulate the liquor trate amid so me-
te that power upon ouutctpslttns. Very
meek is mid by the leaned duet jaw
lice in that eate,e to the h emasieg pewit
bevies been a portion of our lamaiwpsl
institutions prior to confederation I
have already referred w this mode of
argument. and what 1 understand from
the Hodes ass, when their lordship
refer to clause 8 otescnon 93," Maulcipal
Institutioes its the Pvoveocu,"is, that the
Local Legislature u( Ontario had full
power under clause 16 of section 92 to
deal with the subject of licensing, and
the general reguleti nes of taverns. etc.,
and that hai 'Inc the full legislative power
they might ezerclse 11, through the mun-
icipal institutions of the Pruvinoe, over
wbica, by clause 8, they have the ex-
clusive Ie..1stive control. The fact that
the licensing power was a portion of the
municipal institutions of the province
prior to Confederation dues not affect
the question, a. the 1.egi•latare can only
confer upon municipal btdtes such pr
ens as it possesses, by virtue 1.1 the re-
maining lb clause of section 92. Prier
to confederation serge matters were dealt
with by municipal regulations, the sub-
ject nutter of which is new under DoD-
inion control The Temperance Act of
1664, known es the Dunkin Act. was a
part of the municipal institutions of the
Province, and this act has in a great
measure been repeled by "The Canada
Temperance Act of 1878."
The effect of the decision in Russel tr.
the (hien appears to be that "The Tem•
parsecs? Act of 1878' was held to be
tetra nen of the Dominion Parliament,
the subject matter not coming within any
of the eunumersted clauses of section 92,
and the objects and scope of the Act be-
ing general, viz: to promote temperance
by means of a uniform aw throughout
the Dominion.
What theu is the effect of "The Liquor
>use Act of 1883, Dominion, upon
piisvious and subsequent local legislation
upon ta. same subject 1
It may appear to he a strange result of
legislation that upon any subject the
power is either in the Dominion or Prov-
incial Parliament, according to particular
circuntvtauces, and that an Act of Par-
liament passed by a local legislature and
within its competence at the time, may
be rendered nugatory by an Act of the
Dominion Parliament subsequently puss-•
ed; but is not this what is meant by the
Privy Council when they say as I have
before quoted, "Subjects which in one
aspect and for one purpose fall within
section 92, way in another aspect and
for another purpose, fall within section
91,' and this is certainly the effect of
"The Canada Temperance Act of 1878,"
Lx when the provisions of that Act are
brought into force in any county ur city,
he consequence is any local license law
must for the time being give way. The
Temperance Act of 1878 contains • pro-
vision that no license shall avail to renn-
et legal any a=t done in violation of it,
red the Ontario license law provides that
o license shall issue in any license dis-
riet where the Temperance Act is in
one; but :he law would have the tame
peration without these provisions, for
as remarked in Russell va. Queen, "The
provwun is only the expression inserted.
robably from abundant caution, cf
hat would be necessarily implied from
The two sections must be reed to-
gether, and the language of ono inter -
and, where necessary, modified
that of the other.
The true nature and character of the
Legislation in the particular instance
, must always be determined in order to
emesrtain the class of subject to which it
Melly belongs. Subjects which in one
aspect and for one purpose fall within
section 9'2, may in another aspect and
6i See another purpore fall within section
It was epon the application of these
principles of construction that the three
oasts mentioned were decided. In our
own exerts in several teres in construlnr
the Confederation Act,gre.t stress is laid at
Capon the position of affairs prior to Con- of
I.diration,and in the Casa of Frederidslow ml
o. s Q�eew 3 $uet
pree ens i t 5115, Mr, by
�ldiee Gwynn enters into a lengthy 1
ion upon the scheme .1 Cordite pass
(jeierument embodied in the by
he legislation itself."
The effect then of the legislation by
the Domini an Parliament in passing the
Liquor License Act of 1883 is not to re-
peal the local license laws of the differ-
ent provinces. but to remora for the
tune nein; this particular subject of leg-
islation from the scope and opera-
tion of the ]tkh class of subjects en-
umerated in section 92, viz: "geneially
all matters of a merely local or private
nature in the province," and this subject
matter no longer remaining within the
scope of that clause, it follows that past
local legislation must remain in abeyance
until the subject matter is restored to its
former position, and that subsequent
local legiaation upon this subject is
ultra tire.. I hare already pointed nut
that the Canada Temperance Act of 1878
did repeal many of the provision. of the
Temperseee Act of 1864. and that the
ter Ant was 1. fact part of the muni -
pal law of Ontario, and in my view
ghat have beim repealed or amended
the Local Legislature, u a matter of
ocal concern, at any time prior to the
ing of the Temperance Act of 1878
the Dominion Parliament.
N. A. Act.
• jt would appear to me, that the fact Li
iinlar power was eierci.ed by a isllatt
before Confederation, is no Pa
t iia faror of that authority P
now vested in the Previews. In
Prior to Confederation esoh of the ada
laces pommelled plenary powers of T
tion over all or nearly all of the two
te now assigned by the Imm�p�crttaal1 ice
to the Dominion and P ovtacis] am
1s rapeetively,end it was quite
nt for the In 1 Parliament dee
have ssiiened the illative power Do
to some of the subjects enumerated in form
91 to the Provincial Legislatures,
r like w.anoer some of the subjects
wm orated in sec. 92 to the Dominion i u
t. Enjoying, as we have done the
before and since Confederation, a
teal independence, it is quite nam
to overlook the fact that the Dto
Perliassent had the perfect mad'
its passion the Ccnfedentieon Act,
veefer epos the United Provinces Pres"
a constitution .s to it seemed Th
and the simplest way to construe Iv
teometitution will be to apply the sties
role that are applicable to similar 14.1
a, irrespective of the position from
Prveincee under their old forms 92 -
the
Government.
*Wass! of the Privy Council in els
et { is an affirmance ti the 399
d our Court ••l Appeal is the
ess.,7 On Appel( 241, and may b• bad
in so far as it affects the ate he- wider
M, to oanu the jedgmeM d lir. ,etc.
BurIN• for mush of the mems -
tea learned elm( jellies is not re- The
fa. ►et k will be untied that lir. ...�
ale Burton Eames simnel el 8,13 sad 16 Act
rig the .ours. ef heal legislative
"t while their hardships .4 the Privy erases
• !m
tem way refer w chases 13. tiler
I ani clearly of opinion that the Lno
cense Act of 1883, was within the leg
ere ohm sone of the Dominic
rliament, or the reasons given byth
ivy Council in Russell vv. the
deciding upon the validity of the -Can
Temperance Act of 1878.
5e subject nutter dealt vefth by th
Acts is the mese, the traffic in into:
tinny liquors; this Mohair's by the pre
hies, which ane follows :
The Act of 187& "Whereas, it is very
irable to peewees temperance in the
1]omiition, and 'that then should be uni-
Iegialation in all the Provinces,
pectins, the trail; in intoxicating
Stora." The Act of 1883 "Whereas,
desirable to regulate the traffic in
sale of intoxicating liquors, and it is
peeient that the law respecting the
• should be uniform throughout the
minion, and that provision should be
e in regard thereto#or the better
vation of pesos order."
• power exercised applies general-
to
eneral-to the whole Dominion, and as i have
dy remarked the 1•Qislation of
f mien eels the subject matter
the operation of shame 16 of sec.
and, as i reed the eases of Busman r..
(Leen and 111.4. ea the (funs it
do. not fall within any of the remaining
use. orf sec. 92. or within any of the
enumerated clauses .4 Dec. 91. It
follows that the i n i nine Parliament'
the undoubted right s, to lestislate
the general power configured by
�
91, "To Intake laws for the peri,,
ardor, and gond government nt of ('Janda,"
Act L in sleet an aniendme.t of
Temperance Act of 1878." RJ that
genets' prevision is made her a
of prohibiting; by the Lyman
ambers! provisions are made revile -
the teaks in .ueh twenties and cities
not adept the Temperance Act
by the 47th sea the principle of
epees is eiAsded to Nene,
gee, perishes seri towlesbipe.
power d the De mise nein- •
r
Dominion
e
Nut) Oieil Rights in the Prey: ss do
4 Sly, 'le subject el laps-
tiff
the Ontario As. of IfA9, see-wow
ied 6, seem le seem wMbie the cob
1L
II L6 mrd $ d -ilia W et
meet to legislate is referee°, to the
liquor train was slowly present to the
mind of Mr. Jimmies Burton, whoa he
dekeered jedg.eat u Ruder sit eke
Orem at Pete 276 he says, •'It (tpesk-
fag d the licensing power) was at Slat
time desk with y the Prrtismettt of
the ethos d
is w were Instillatioes, thepkoouu as sewing withf deakesgslittalii
-
is
iswitbia the ti jure-
dMtion of the Prorinees, amid it weld
esteeinly ootus within the general dame
which centers uadmsive power epos the
Provincial Legislature to ileal with
ustacis d • merely local or private
assure, and does not fall within any of
the subjects with which the Downie
Parliament has power to deal, unteas
prreopy by u taenial weusun alerting eke
mhos 4tniiaiwe, ieAicA Am not Areae .lu...
While, as I have observed, the lova!
laws prior to Confederation do nut
afford • guide for construing the powers
°Deferred by the B. N. A. Act upon
Local Legid•tures, ret these laws may
sell be referred to as showing how
former Parliaments dealt with certain
subject matters of legislation ; and by
reference to "The Temperance Act of
1864," it will he seen that partial pro-
hibition was then treated in the same
manner ar the licensing power. TI e
preamble to that Act read. "Where-
as it u expedient to amend the laws in
force in this Province, respecting the
We of intoxicating liquor', aced the
nesse of herein therefor, and otherwise
to provide for the repression of abuses
resulting from such sale."
"The Temperance Act of 1878" was
intended as an amendment and a sub-
stitute as it were, for the Act of 1864,
the machinery of which was found in be
behind the ase. and it being advisable
that the principle should be extended to
the whole Dominion, instead of being
confined to the Provinces of Ontario and
Quebec.
I think for the reasons given that the
conviction cf the Appellant should be
quashed, and with costa
t'HAPfat 0
"Malden. Nast.. Feb. 1.11e4 Gentlemen -
I suffered with attacks 01 sick headache."
Neuralgia, female trouble, for years in
the moat terrible and excruciating Mall -
Der.
No medicine or doctor could give me
relief or cure until I used Hop Bitters.
'The first bottle
Nearly cured me
The secured made me as well and strong
e when a child
'And I have been so to this day.'
My hu.bend was an invalid for twenty
years with a serious
'Kidney-, liver and urinary complaint,
'Pr000unced by Boston's best pbysi-
tnan.—
• Incurable ''
Seven bottles of your bitten cured
him, and I kn..w of the
'Lives of eig}•t persons'
In my neighborhood that hare been
saved by your bitten,
And many more are using them with
great benefit.
'They almost
Do miracles :'
lm
Mrs. E. D. Slack.
New Leib far ie.etm... Weakened by fit.
ease. Debility W IMssq.mm.a.
The Great German Invigorator is the
only specific for impotency, nervous de-
bility, universal lassitude, forgetfulness,
pain in the back or sides, no matter how
shattered the system may be from ex-
cesses of any kind, the Great German
Remedy will restore the felt function,
and secure health and happiness. *1.00
per box, six boxes for *5.00. Sold by
all druggi t& Sent on receipt of price,
postage paid, by F. J. Cheney, Tondo,
Ohio, who rgent for United States. Cir -
truism and testimonials sent free. Sold
by Geo. RDyiaa, sole agent for Gods -
rich 3m :
A Betimes Tarrino,ry. — For a
Cough, Cold or any Broncbical affecion.
"Pectoris," in my opinion, tel just the
thing. I have used it in my family for
Cough. and Colds for the past four years
with the meet unvaried success, and to-
day my opinion of it is that I continue
to think still more of that which I began
thinking well of.
Geo. Kala, Manager Ontario Bank,
Pickering.
Price 25 emit* at all drugrida m
A Wee Awake lereaamw.
J. Wilson is always alive to his Nisi -
nem, and spares no puns to secure the
best of every article in his line. He has
geared the agency for theoelebratedDr
Kings New Discovery for Consumption,
the only certain care known for Coo-
, empties, Coughs, Culls, Hnsseenees
Asthma, Hay Fever, Brnnehitim, or any
affection of the Thrust and Loses. Sold
on • positive guarantee. Trial bottles
fres. Regular sine *1.00, (3
CnreAisaa –A name wel1 known is
Connection with the Bair Renewertwhich
restores grey hair to ics natural enlnr by
a few weeks use. Sold at 60 cents per
bottle by James Wilson 2es
ems Orem. Cased.
Are you trodtled wtah Salt Rheum,
Baugh Skin, Pimples or Canker Sores ;
if so, go at ones to Geo. Rhyne' Drug
Store and get a package of McGregor
Parke's Carbeiic Comte. Prim 26 cents.
It was never known to fiL b
Waitod jonbe, Kiioii!
Cg�ICB CONTICTIOIERT,
CAONEO FRUITS AND FISH,
TOB.RCCO, CIG.9RS, 4'c
DesaesNe and Fort Rugs,
ere d the Nest Brandi
Pr sea !!metett star ilei Is strias
A fallasss.twiewt of all toads of tiara
Syms weer.. h Ivey? Wyk. tr..gmM•d
Its PRBA MR 11V NSANo y.
mete(=cis, 111111001•01.
to
temaweetmg mess i •egmeaMsa /s seems
Ar—
R11111119'i'rtTu14 T
den noels Bigots,
A mem .itee.r r
Thin is daily briar ag ley te the kame
d them esds by suttee teeny of their
dear time ben as why gears. Truly is
Dr. Kisg'1 mew Dissu.ery for oonseop-
tties, Ceeghs, Cluids, Asthma. Beesohiw,
Hay Terex, less of Voice, Tlitlklimg a
the Three. Pais in Slid. and CJlet,or-
any dimes, o the Threat sad , a
tubes ve eat J... Wilim StoreTt aLarge
l
BM
list $L00. (6)
W aueirrow, D.C.,
May lbtk, 1880.
Galtrt,anla--Hating been a sufferer
lee a long time trues servos, prostration
and general debility, I was advised 16
try Hop Bitters. I have takes one bot-
tle, sad I have been rapidly getting bet-
ter ever sis,e, sad I think tt the best
used/eine I ever seed. I am now gaining
strewth and appetite, which was ell
gone, and 1 wee in despair until 1 tried
your Bitters. I am now well, able to go
about and do ley own work. Before
taking it I was completely prostrated.
Mae MANY Syn Aar. .
theurames may ss.
T. W. Aitken', Girard, Kan., writes:
'I Dever hesitate to recommend your
Electric Bitten to my ortomers, they
hue entire satisfaction and ere rapid
sellers.' Electric Bitters are the parse
and best medicine known and will posi-
tively cure Kidney and Liver complaints
Purify the blood and regulate the bowels
Nu family can afford te be without them
They will save bundreda of dollars in
darter's bills every year. luld at 50cta
a bottle oy J. Wileon. 13]
Well useeeded.
A liberal reward will he paid to any
party who will pr duce r ease of Liver,
Kidney or Stomach complaint that Elec-
tric Bitters will not speedily cure. Bring
t'tem along, it will cost you nothing Inc
the medicine if it fain to cure, and you
will he well rewarded for your trouble
beside& All Blood diseases, Bilious-
ness, Jaundice, Constipation, and gene-
ral debility are quickly cured. Satisfac-
tion guaranteed or :money retunded
Price only fifty tinte per bottle. For
sale by J. Wilson. 15'
gram'. name untamed
L the only instantaneous relief for Neu-
ralgia, Headache, Toothache, etc. Rub-
bing a few drops briskly is all that is
needed. No taking immense medicines
for weeks, but rens minute's application
removes .11 pain and will prove the great
value of Kram's Fluid Lightning. 25
Dents per bottle at (Monte Rhynai drug
store. h
These ser IOW rams.
The beat blood purifier and system re-
gulator ever placed within the reach' of
suffering humanity, truly is Electric Bit-
ters. Inactivity of the Liver, Biliousnes
Jaundice, Constipation, Weak Kidneys,
or any disease of the urinary organs, or
whoever requires an appetizer, tonic or
wild stimulant, will always find Electric
Bitters the best and only certain cure
known. They set wryly and quickly,
every bottle guaranteed to give entire
satisfaction or money refunded. Sold at
thy cents • bottle by J. Willem [4)
Follthill Nursenes.
325 .ACRES.
THE LARGEST IN THE DOMINION.
SALESMEN WANTED
To begin work at once on Rall Sales
y
employment at fixed salaries to all willing
work. SLB and Woau can have
Pleasant Wort the Year Round.
Good &gente6N ~slag trots Seto 675 pe
diesel sad excesses.
tWTerms awl (hart tree- AMMO:
iI�OZIi t!
--
WILLINOTON,
'Pemele. Oat.
DANIEL GORDON
CABINETMAKER
Il4t1D
Lead lllldofla1er,
Has et t asw the LAICi IT e'reiCt of
First - Class Furniture
bt tbeC.asty. sea is I sow
will sot ate asdereotd cosh.o.
1 neer Tapestry ('srpsf 1,e.p
apwsrds. R aurora tea good, fro% 6 iKM
Bow Beck Chale, trees Hie. se. sad evsey.
tkIag else la the mase /espartie.,
AT THE OLD STAND
Hatwea 11e Pose Ogee & Bask of Mantras
ce4Dr• tzti178.
Ort, Ink, Item !p1
y
D. K. STRACHAN,
PR,AOTZtDrL
MACHINIST,
Keeps a head a ro a=sks ateelal for the
Ioui's and Roaors
Sulky Hay Rakes, Plows and
Agricultural Implements
and Machinery Generally.
ALL WORK THOROUGHLY OUP
D. K. STRACHAN,
GODERICH MACHINE SHP
O.derteb. March nth, leM lefa>rs
11e warthog alias. need f1 s1&
air p•aitje, ami we eau ,.all yea
par• reis1- v$hmhl• bot Mr
nee& will say the
of suntug mosey a um tow h e t
pewever IAeertit et may weatee a
.ripls.l regelred. w. w1f1M•rt ye.. You gas
were e1 tea time or 1a pan+ the soil► The
weft a
weserem sad y •eaptr4 to %Mb the
stg>► ss�t ee t0e �ears trem
swetmeve►s.q we�"trot
sea
1 ( r eel by
eedoeletl.Mm , ah`
0111411e)
ARMER
111167 um per OIL es raw Hopes nth *aa sea 'visa yeas as M
240001.11111
LARDINE 01
a ` 8o Cheap. Ie hem stn equal. Try it and you will use De other.
„orsa.y McCOLL BROS. & Co., TORONTO.
R. ,VCT'_ Mc 777"Trt,
OOD*R1C11.
=HUGH DUNLOP
Fashionable Tailor
"— " WEST STREET,
Has the Finest Assortment of Summer Goods to3 Choose From.
IF YOU WANT
A Nobby Suit at a Reasonable Price
CALL ('
HtTG-33 D -u I IJOP_
CIGARS. CIGARS.
IMPORTED AND DOMESTIC
THE BEST ASSORTMENT IN TOWN
line of all the Leading Patent Medicines always kept on heat!
(Physicians Prescriptions a Specialty.)
GEORGE REYNt3,
BLAKE'S BLOCK, THE SQUARt'
41
The Canadian Pacific Railway Co
LAND k .ECI- ULATsIONS.
The
Manitoba. Comatt prices noffer anggiir.gffrotat e within the Railway Nett slow the rah lite, sed fa tl,�
$2_60 PER ACRE
upwards, with conditions requiring cultivation.
A rebate for ruin%mien of from BIAS le e3.3111 per sere, according to entire pard isr Ne
land. allowed on certain conditions. The Company also otter Lads without mediates
settlement or cultivation.
THE RESERVED SECTIONS
along the Main Line, i...• the odd numbered Sections within on. mile of the Railway, are now
geared for sale ea • tvaat.g our terms. to parties prepared to undertake their immediate tul-
Ilvatioe.
TERMS OF PAYMENT: --
Purchasers may pal om,aixtli in cash. and the valance in Ave annual lastalment& with is
tenet at SIX PER CYNT. per annum. payable in advance
Pa marcasite,
wltbot.t conditions d cultivation, will receive a Deed of Conreyasca
Payments try he made layment in made J) GRANT RONIllt. which will be accepted at ten per
oat premium on their par value and secretd intent. These bonds can be obtained us ap
plkailo, at the Hank of ]bursal. Montreal : or at asy of it. WV sties.
?'os PRICES and CONDITIONS. of SALK and all infnrmatiou with respect to Slee par-
nie Boarttime adLanda, apply to JOHN H. McTA'I$H. Land ('ommnsioner, Winalpeg. By order of
CHARLES IrlINKWATEH, Secretary.
MIAs
m
H
CO
w
Q
0
o F M
H
pi 0
Oa e
F1OQ
.3yz�
aO
Ari Des!gns in Wall P aper.
lbw .the time. it res wick ere a two Mee reams at 6.5.,itei use Butler's mat imply
Ne her ever,
20,000 Rolls of the Latest Designs
unset d seem. sail at mitre lee than very lama Interim 5os4S,
as. the beat valet h tem w maw 1.514 Call and eve the m
Ti Desi Spnog BdF
. 4 T BU TL$ZIO•t-
114