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n nu." u. Luann-v.- arisen, to escape IIUIII 5w-......-... formed, and the scheme of Confederation was the result.; In the British Nonh American Act clauses were inserted, intended to give to each Province the unfettered control of , its own local interests, by providing local legislatures, each of which was supposed to be supreme within its own jurisdiction. and great care was taken to point out the scope of their powers. Acting strictly within her right and in connection with one of the subjects relegated to her, thej Ontario Legislature in the session of 188r passed an Act entitled An Act for Protecting the Public Interest in ' Rivers, Streams and Creeks. That Act was disallowed by! the Government at Ottawa, in deance of Ontario's acknow- ! ledged right. and in direct contravention of the line of ac- tion that had formerly been laid down by Sir John A. Macdonald. It was seen that this attack upon the rights of Ontario would probably arouse a strong feeling against the Ottawa (lovemment, and it was therefore declared that the Act of Disallowance was in the public interest, thus taking the ground that the men who compOSe the Government at Ottawa were better judges of the interests of Ontario than the men who had been selected by Ontario to manage her provincial affairs. It could not be expected that such an interference with Provincial independence could pass un- challenged, and therefore in the session of Parliament of this year the matter was brought up for discussion and the adieu of the (lovemment defended by Sir john A. Mae-r donald and other speakers on the Ministerial side. In making such defence certain statements were made that are not in aetzordance with the facts of the case, and as the centralization of power in Ottawa will prove one ofthe factors in the election contest now coming on, it is considered advisable to place before the electors of Ontario the true state of the case for their guidance. The statements above referred to may be divided thus : (rt) That the said Act: was passed by the Ontario Government solely to benet Messrs Bnyd Caldwell & son' (2) rhm the Passage Of public property when they are oatable, and that the stream ' the Act was an attempt to conscate private property, and ignored private rights (3.) That the improvements made by Mr. McLaren had cost a fabulous sum, amounting, ac- cording to the statements of some, to hundreds of thousandsl of dollars. (+) That without the improvements made by! (3. ) Tim! M: I'Inprorwnmlr mad: by il/rlarm Inn! (0:! a faulou: rum, amounting, (finding to Mt arsed/ha: o/some, 2 to hundreds of llwumndr (JIM/[arsSometime about r86 3 the then rm of Gillies & McLaren bought from Gilmour C\' Co. their limits on the Mississippi for the sum of $20,900, 3 and this sum carried with it the Farms, Real Estate and all improvements on the river, including High Falls, Flat Rapids, Millers Gap, Ragged Chute, Island Chute, Otter Chute and Kings Chute, Cross lake Reserve Dam, Side Darn at head of Cross Lake, and Farm Slide. Some of those improvements have almost entirely disappeared, notably those at Flat Rapids, and nearly all are in a bad state of repair. The plant, provisions, horses, &c., was a sale outside of the farms, and for these they paid $12,000. The next improvement above the Farm Slide is at Mc- Donald's Chute, for which McLaren paid $r,ooo, which included 400 acres of land and a mill. McLarens next so-called improvement is at the head of the Mazinaw Lake, and the land, including a mill, cost him $10,000. The land , was 500 acres, and the seller of the land on the trial at . Perth valued the land, mill and houses at $9.000, thus leaving the cost of the dam and water power at $i,ooo. It will thus be seen that the timber limits above referred to, farms, horses, plant, provisions, mills, mill houses anddams cost the sum of $75,000, not one cent of which did the Act touch, but simply allowed others to use the improvements at a reasonable rate of remuneration. It is true McLaren has built a slide on his own land, and, to get sufficient water to pass his square timber through, has built a dam which inter- feres with other lumbermen bringing down their logs, and what they ask is not the use of McLarens slide, but the use of the bed of the river, which McLaren denies them, and thisthe Act gives them, as well as the use of the slide by . , paying for it, upon the principle that if the water is taken ' for the slide they must have the use of it. All streams are in question is oatable is proved from the fact that Buck S; Stewart drove their square timber down the stream, cutting away McLarens dams when necessary. Two independent valuators (unknown to each other) have gone over the im- provements and do not greatly vary, and the improvements Mr Mame the Stream conid at bcused' (5') That the from High Falls to the foot of Mazinaw Lake are estimated natural outlet for Mr. Caldwell's timber was the Madawaslta ( I. ) That (lie said Art was farch by the Ontario Gown:- mznf solely to benet Mam. Boyd Caldwell 69' SamIf the Act in question had been simply to benet Messrs Boyd Caldwell & Son it would have been conned to the stream |at lees than $r2,ooo! ! While for the boasted impove- ments on Mississippi Creek, and to prevent the use of which by Boyd Caldwell & Son McLaren obtained an in-[ junction on the ground that they were very valuable, he paid the enormous sum of twelve dollars ! 5 l . .w . n1 . .y - . . 1,1, ll,ru_.._. 1).. i i l 1 l l l l ( f 1 i i i l l l i i l i l I l i t 1 l l ten no Wan unusu- d'ne case that McLu'en's I1 3 man at thc'im ng through, entirely up dvays be pro-' Had cLuen fol-i .._L.-.n M 1m. ' dams have some of them been erected for the purpose of allowing square timber to pass through a slide on his own land, while sawlogs could be taken down the stream Were his dam removed, and as a fact many thousands have actually been run down this spring, proving that the stream is oatable. (5. ) TIM! Ml natural put!!! from Caldwell &' Son's! i 1 limit: was (It: Madawuxka.-Supposing a farmer pur- . chased a farm which fronted on two roads, could f ' anyone legally obiect 'to his use of one of the roads i ' because the party from whom he purchased always 3 used the other? The obiection is an absurd one,and shows i ' how utterly indefensible the action of McLaren is when his i defenders are driven to such a plea The fact is that the I ' timber limits of Messrs. Caldwell & Son have the water-shed i within them. and also the rise of the waters, one part going to the Msdswaska and the other to the Mississip therefore both streams are natural outlets That taking ; timber from these limits to the Madamlta was not very 1 protable was proved by.the former owner. That it is the undoubted right of any and every man toxonduct his busi- ness in his own way will be admitted. andthe fact of Cald- well & Son's mill being at Carleton Place, on the Mississippi, will be to every thinking man a reason sufcient for his use of the stream in question. ' About 1810 Gillie} 8t McLuen bought through a third party from the estate of the Hon. . r as Skead another limit on the blississip ' and from this l imit the previous owner sent his timber ' the "ka.butMcl.sreunowuses the Misissippi. r l Apenmlofthesbovetscuwillshowtheunloundedoonten- s I tions of the upholde the Dominion Government, and sat- u "no umlvkuu because they refuse t1; bow down and worship the Image at Ottawa. - It was disallowed as a punishment to the men of Qutario for daring to exercise the privilege of freemen by their sup- port of the Mowat Government. It was disallowed in order to cripple Onhrio by thus indirectly depriving her of a large portion of her revenues. It was disallowed in pursuance of the centralization ot . lpower at Ottawa and the destruction of the independence of P- lnd ithe Provinces. At the elections now coming on you will be in a position to deal with every recreant representative from Ontario who by his vote-assisted the Government at Ottawa in their assault upon the rights and liberties ot this province. Let your election cry be 7: Government of Omn'o by 0M0- rid: rrpmmah'm." Let your weapon be the ballot, by which you can send back into their native obscurity the men who have aided in binding letters upon Ontario and placing her at the feet and mercy of an unscrupulous Quebec mummy. MEN OF ONTARIO. Nowbthetinqmdnowlstb but. 50:5:me proud Quebec's pow; omen-sand slam." THURSDAY, JUNE 8. E .in Council in xing the tolls was to be taken into constderation by me Lieur..-uovcmui That the stream was and is istill oatable, Messrs. Caldwell & Son at the present time l t l l I bringing their logs down and oating them over McLarens dams, to some of which he has not built an apron as requir ed by law, but on some he has, and supposing the conten- tion to be correct, then the fact of these improvements having been made in 1854 and only now put forward as forming a right to monopolize the stream would give the public a right of way down the stream. As to the natural outlet, it is shown that either stream may be taken, but if Caldwell & Son are to be conned to the Madawaska be- ' cause the Hon. Jas. Skead, who fomierlv owned the limits. ran some timber down that river, then McLaren should be conned to the use of the same river for the same reason. The action of McLaren cannot be defended, for it is simply an attempt to play a grab game for his own benet, he having bought the land which he says gives him the stream on the plea of wanting it for mineral lands. It would be just as reasonable for a man who owned a farm on both sides of a 'road, and who had for his own benet and comfort improved it, denying the use of it to panics on the other side of him because he had improved it, though in its previous condition it did for them. It must not be overlooked, either, that McLaren, or the original purchaser from the Government, paid a less price for the timber limits than they were worth because of the stream requiring some improvement, and it therefore follows that the rst cost of the limits, and the improvements combined, is only the lair price for the timber. and McLaren is actually recouped his outlay in the price obtained for the timber. Let Mclaren be successful in this attempt, and others will be found all over Ontario adopting the same discreditable means for the purpose of ob taining the timber of their competitors for less than its worth by preventing their access to a market, and this is just what McLaren has done by all he could frighten away. By a decision given some years ago McLaren conceived he had the law in his favor. In 1880 at Perth V. C. Proudfoot felt compelled by legal etiquette to follow the previous decision. Caldwell & Son appealed to the highest court in Ontario, and that court decided that the previous decision was given under a misapprehension of the law, and they therefore reversed it, giving Messrs. Caldwell & Son the right of the stream. In the meantime, seeing the injustice that was being done, and the consequent injury to trade and com- merce, the Ontario Government grappled with the difculty ' and enacted a law confirming the right of all parties to the use of rivers, streams and creeks, and also enacting that where private improvements were used by other than the parties who had made them, the owner should receive a fair compensation xed by the LieuL-Govemor in Council. This is the Act disallowed by the Government at Ottawa, and 'ELEOIORS OP ONTARIO. ist'y every unprejudiced reader that the Act inquestion was not enacted for the sole benet of Messrs. Caldwell & Son. but it was disallowed solely in the interest of McLaren. That the Act did not conscate property. or take away private rights but made all just and reasonable provision for the payment of tolls where improvements are necessarily used. That the improvements made by Mclaren did not cost anything inear the amount stated, that $r2,ooo would cover the outlay, but that whatever the cost of the improvements were be taken into consideration by the LieuL-Govcmor :. I,...-..2I :.. a:.,.'.... .1. mil: llmo mp :trmm was and is I that Act was disallowed for various reasons, amongst I which are the following : ,- S It was disallowed to gratify the personal ambition of two ' or three Tory M. R's who paid for the concession by slavish I subserviency to the Government. It was disallowed in order to put money in the pocket of an already Wealthy supporter of the Government, with no doubt the full expectation of a liberal contribution for elec- tion purposes, even to the extent of another ten thousand." l - n I ,. , v.1, , 7 _|:-_. -!.L.. "an.-." {Inn For many years Upper Canada was govemed by Que ler'. aided by a few somlled Upper Canadian representa~ a lVeSt To break loose from this domination by a minor I my, Representation by Population was called for by (hell inajonty. In the Parliament at Quebec 3 dad-lock had I, a arisen, to escape from which a coalition government vas i t within ownj( a i l ( I was out ~ onnection athlng in Arr fnr Pratectinir nun rulvau ~v.... .v ...- ...n.... ,. It was disallowed as part of the policy of the present Gov- ernment of conciliating their followers from Queba: at the 1 expense of Ontario. I . u- n 1 J, , ,AJL 4 AL- n_s-..a {Imvnmmnni . ynyy-l-Iy v- v...__ v : It was dLsallowed a snub to the Ontario Government and worship , l' n__- ; nu. . IVVII-vv-u 3 thcit of vnuv nlminn 111: hf 0/ by the nght! and "Miles or mu provmcc. uct rid: weapon can at NO. 23 VOL. 51. Caldwell in dispute. but the attention of the(yovcrnmcnt having been called to the claim set up by Mr. McLaren, and forcseeing the probability of the claim being repeated by others if Mr. McLaren was suecessful, they thought it best to pass an Act that should apply generally, and the question at once arises : If the timber limits worked by each party were originallyl purchased from the Government. was it not their duty toI A__ -__... 5.... .......~ pk- arrir'nnl nit "ll tne umucr llllllLa nun-cu u, um... Van, n-.- -..D...__.., it to} take steps to prevent one party from using the accident of his position to the iniury of the other party ? When. then. 3 their attention was called to the fact that McLarcn had :hsumed the: ownership ofa water highway. and claimed to \I mum. Mn. rmm using the said highwav it would have : {4. ) 77m! wit/mu! I/l! improvement; made by MrLarm t/i: stream tau/r1 not be usedAfter this contention will it be? believed that McLaren is not the pioneer on this river, but l that all the improvements from McDonalds Chute down were built by Gilmour 8: Co. about i854, and formed partl originally of the property purchased by Gillies & McLaren, and the to l exclusive right to the use ofthe river was never advanced until after McLaren had become possessed of the property, he having preViously cut dam in the assertion of his right 7 called water prohibit others from using the said highway been a gross dereliction fot' duty if the Government had not Caldwell iI using. As has been already shown. Buck & Stewart took '1 their drive of square timber down the whole length of the l stream. and this spring, acting under the decision of interfered, and it is worthy ofnlite that their rig/t1 to interfere : the Ontario Court of Appeal, Boyd Caldwell & son! has not been called in question, but that the Act it was not in have driven several thousand logs down the same i the public interest. Mclmen and the public being one and stream. and it must not be forgotten that McLa: the same in the View of the Dominion (lovemment Mr. McLaren's claim is alhwed. it will be absolutelylhis square timber, to procure the water for whichi necessary in future to sell otimber limits on a stream he hqs erected -a dam that is an obstruction to other requiring any improvement until all the timber has been lumberrnen in their legitimate use of the stream For their cleared off the furthest limits. Once allow the claim and timber limits Boyd Caldwell 8: Son paid over you place all the owners of timber limits on similar streams it cannot for a momenlt be Supposed that these shrewd at the mercy of one man. business men would buy a liliit if the stream was not oat- , able, or being oatable was p vate property. and they had (2.) TIM! (/1! passage oft/i: Ad um an attempt tn conr- I no way out. and all they ask is the use of the river as it is rate pntul: property. and ignored pn'i-ate n'q/ttLIt' the without McLarens improvements. , J A_____ ALII... A.- all up pi, to use the same stream he now tries to preVent others from i ' V I . en claims C Ifthenlas an improvement the slide on his own land for 9 $65,000, and ( t - i ii improvement mnm all me umncr nas uccu limits. the ( 2. ) of flu 2 pn'wl: property, and ignored prim/t owner of property through which a publiqroad passesthinks I proper for his own convenience to improve the road. he would not be justied in denying to others the use of the road because it could not be used without also using his'- improvements. But itis false to say that any attempt at conscation was made. Here is what the Act says : The Iieutemnt :vernor in Council my x the mounts which any person entitled to tolls under this Act shall be at liber- ty to charge on the sawlogs and different kinds of timber. rafts or crafts. and may from time to time vary the same and the Lieutenant-Governor in Council, in xing such tolls shall have to rega and take into consideration the origin- al cost of such con ction and improvements. the amount required to maintain the same. snd to cover interest upon the original cost, as well as such other matters I: under 111 the circumstances may to the I.ieutemnt-GOvernor in Council seem just and equitable." A subsequent clause- gzn'e alien on the timber for the tolls Stress has been Lnd m the hardship imposed of keeping the im movements to count the pieces going r igmrinu the fact that the true return turn] from the em Timber Ooe. mum fol- i loved the usual course pursued by lumbermcn on small SMViL, thudgivingnnd toting in the use ofimI pmvemcnts. there-mildhave been no gmidfor interfer an I: isnlso an element in t plum (new 'Wlu Iuvc ucc clcc. ltiulso A Few Plain Facts for the Electors of Ontario.