GERMAN (Welland) moved for leave to introduce Bill (No. 76) to amend the Criminal Code, 1892. He said : Mr. Speaker, prior to the last session of the Dominion parliament all convictions made by police magistrates in cities and incorporated towns had to be returned to the clerks of the peace of the different counties where the convictions were made. Last year, at the instance of some person, an amendment was made to the Criminal Code whereby it was allowed that police magistrates in cities and incorporated towns should not make these returns to the clerk of the peace. It was suggested that in the city of Toronto, for instance, the police magistrate tried obout 7,000 cases in a year, and that it would be hardship to him if he had to make a return of all these cases to the clerk of the peace in the city of Toronto. Though the police magistrate does try 7,000 police court cases in the year, the fact is that under section 55 of the Act, he would only have to make returns in something like 2,000 cases. The way the matter works out under the amend-

meat of last year is this. In each county there are from four to six or seven police magistrates in the different incorporated towns. All of these magistrates make more or less convictions, and try more or less cases each year. They try more now than formerly by reason of the fact that the jurisdiction of police magistrates is extended, so they are able to try almost any case that can be tried at quarter sessions by the consent of the person accused. The result is that a great many trials, under the Speedy Trials Act, with the consent of the person accused, take place before the police magistrates. If these returns are not made to the clerk of the peace, and if it becomes necessary, after the trial, at any time within six months, or a year, or two years, to get a record of the proceedings, it is impossible to know where to find the record. Unless you happen to know before what police magistrate the person accused was tried, you know nothing as to where to go to find the record of the case which you may happen to have under consideration. You inquire from the police magistrate and he tells you, perhaps, that he did not try the case. You, in the same way, apply to the others, and, of course, you will eventually be able to ascertain before whom the trial took place, but it is a great inconvenience to every person who has anything to do with the administration of the law throughout the country. When returns are made to the clerk of the peace you know that there is one central office where all these records can be obtained and that you may go there and find the papers. The clerk of the peace is a government officer. He is bound, under the law, to have a vault for the protection of these papers. Police magistrates are not so bound. They can keep the papers in a secure place if they choose, or they can keep them in an insecure place and allow them to be lost if they see fit, so that you have no regular system of any kind if the amendment to the code made last year is allowed to stand. I think it could not have been very carefully considered, because, otherwise, the amendment would not have been allowed. I think when the matter comes to be looked into it will be found that the ends of justice and the convenience of the public will be best served by having these returns made to the clerks of the peace in the different counties, as was necessary previous to the amendment of the law.

That is the object of the amendment which I propose. I think I am correct in saying that only one police magistrate in the province of Ontario, or in the entire Dominion for that matter, suggested that this change should be made, and I do not think that the opinion of one single police magistrate in all Canada should be sufficient reason for putting the general public, and particularly the members of the profession who have to do with the administration of the law, to a great deal of inconvenience. I

Mr. GERMAN.

believe that when the Bill is considered in all its phases it will be found to be a wise and judicious and proper thing to amend the Act by striking out that clause which was introduced last session of parliament.

Mr. A. MCLENNAN (Inverness).

In the absence of Mr. Stephens, I move for leave to introduce Bill (No. 77) to amend the Railway Act.

Some lion. MEMBERS. Explain.

Mr. MCLENNAN.

The only explanation I can give in regard to the Bill is that it is in an improved form, the Bill introduced for several years in succession by the former member for West Elgin (Mr. Casey) in reference to drainage along and across railways.

Mr. S. HUGHES (North Victoria).

Before the Orders of the Day, I wish to call the attention of the Minister of Militia to a matter which has been brought under my notice. Possibly the most concise way to lay the case before the minister is to read a letter which I have received and concerning which I have notified the hon. gentleman. The letter has reference to Corporal H. S. Moodie, and another non-commissioned officer, and I believe this case is similar to that of other non-commissioned officers who have returned from South Africa. A friend writes me as follows :

On leaving St. Johns depot in October, 1899, to join the 2nd (S.S.) Royal Canadian Regiment, Corporal H. S. Moodie was a lance-corporal and was promoted to corporal on board the ss. Sardinian, which rank he held until his return in October last, when he was taken on the strength of the depot with the rank he held in the 2nd Battalion.

On return all N.C. officers who had received promotion while in South Africa rejoined their depots retaining the rank they held in the 2nd Battalion.

Now, an order has been received by the commandant of the depot at St. Johns, Que., to say that N.C. officers who had received promotion while in South Africa would retain their rank as supernumeraries in their depots, without pay, they only to draw pay for the rank they held prior to leaving for South Africa, and any pay they had drawn in excess of the rank pay they were drawing before leaving for South Africa is to be refunded. Sergeant Allen's time expires on the 16th inst., so that he has to go away under this injustice, not having time to get satisfaction or have the wrong righted.

There are two here who are affected by this order, viz.: Sergeant Allen, who was promoted from corporal, and H. S. Moodie, promoted from lance-corporal.

Moodie's case is much more serious, as his term of service expires on the 21st of April, and he intends accepting his discharge.

You may see by this action that all Moodie's good conduct pay is absorbed by having to refund 20 cents a day since rejoining, which amounts to $33.

Moodie had an application in for rejoining the South African Constabulary, and was accepted.

He applied to purchase his discharge; this was refused at the last minute, after he had disposed of all his civilian clothes, and surplus kit at a great loss, and now as he has only a few weeks to serve, the government takes all his good conduct pay he has earned for the last few years, and will then turn him out on the world absolutely penniless.

There are a number in each depot similarly affected.

It is not necessary that I should read the balance of the letter.

Mr. SPEAKER.

Do I understand that the hon. gentleman will conclude with a motion to adjourn ?

Mr. HUGHES (Victoria).

If necessary I will do so.

Mr. SPEAKER.

It would be more regular.

Mr. HUGHES (Victoria).

I shall conclude with a motion to adjourn the House. I would draw the attention of the minister to another aspect of this case. A large number of the soldiers who have been with the regiment in Halifax have recently taken their discharge and they are very dissatisfied because they had to leave in their civilian clothes. Some of them state that the order was that they should not only hand in their overcoats, fur caps and *boots, but also their ordinary kharki uniform. It seems rather hard that the men should be sent home at this season of the year without their overcoats, or without being in position to get civilian clothes. Many of these men, I suppose, disposed of their civilian clothes when they enlisted or returned them to tlielr homes. I saw some of the men on the train in their light kharki uniform; in fact it was a mixture, some having civilian and others military caps. I would suggest to the minister that each man should retain the overcoat and the other parts of the uniform that he had worn for a year. The orders to, the contrary have caused a good deal of dissatisfaction. I do not wish to find fault; in fact I am not sufficiently posted on the details at the present time, but as other men will be returning, I trust that the minister will look into the question. I beg to move the adjournment of the House.

I am quite unable to answer at this moment the question which my hon. friend (Mr. Hughes, Victoria) has put. It is true he sent a note to the Militia Department this morning, but I did not happen to be in my office at the time, and as I only knew of the substance of

the note by telephone I have had no opportunity to make inquiry. If the hon. gentleman will be kind enough to send me such portions of the letter as he has read with the name of the writer, I will promise to give an answer at the earliest moment.

As to the Halifax men, I understand from the general that these men have been treated as all men under similar circumstances are treated, and in fact better, because they have been allowed to take their uniform away with them. It is presumed,

I suppose, that when men enlist they have civilian clothes, and that these clothes would be available when they are discharged. We have not only allowed the men to return in their civilian clothing, but we are giving them the uniform they were wearing at the time their services terminated. I will get fuller information on that matter also.

Motion to adjourn the House negatived.

Mr. T. S. SPROULE (East Grey).

Before the Orders of the Day are taken up, I wish to bring to the attention of the House an item which appears in the Wiarton Canadian, and to ask a question in connection with it. It is headed :

' Shameful Tactics ; Contemptible Act of the Grit Combination ; Conservative Mail Clerks Transferred to Prevent them from Voting ; ' And reads as follows

The Grit machine has commenced its work in connection with the North Bruce by-election, and the act that has been perpetrated this week by the Tarte-Laurier combination is one of the most contemptible in the history of party politics, but it is one that will be a boomerang-

Mr. SPEAKER.

I wish to call the hon. member's attention to the fact that questions which may be brought up before the Orders of the Day are only questions of privilege. I do not see that the article which the hon. member is reading involves any question of privilege.