Mr. SPROULE.

Then it does not matter whether w'e put the clause suggested or not, the municipalities still have control and can exercise it.

Certainly. I am not prepared to say that the Bell Telephone Company does not come within the provisions of the statute I have just referred to, but I am not expressing any opinion on that point.

Mr. F. B. WADE (Annapolis).

This Bill was referred to a sub-committee and a clause was there incorporated in it which removes the objection of the leader of the opposition. That is section 9, which has not yet been read, and which is the model clause adopted in the Bill incorporating the St. Lawrence Power Company last year.

Hon. Mr. HAGGART.

Do I understand from the promoter of the Bill that this clause, which gave the company the power of expropriating mill sites at certain places, has been eliminated ?

Mr. WADE.

Yes, it has. The company is given the power to expropriate land for its tramway and on which to erect its mills and dams, but these it has to expropriate under the provisions of the Railway Act. It is the same as the model clause adopted last session with regard to the St. Lawrence Power Company.

Hon. Mr. HAGGART.

Is there a general clause at the end giving us jurisdiction if we have it not ?

Mr. WADE.

No, there was some doubt as to whether this parliament has jurisdiction to pass this legislation, and the promoters decided that they would go to the provincial legislature.

Mr. BORDEN (Halifax).

I think clause 33 might remove the objection, but would

suggest that clause 12 stand until clause 13 is discussed.

Clause 12 allowed to stand.

Mr. DEPUTY SPEAKER.

The original clause 13 is struck out and the following substituted :

The company, for the purpose of constructing and maintaining its works, may, with the consent of the municipal council or other authority having jurisdiction over the same, enter on any highway, square or any other public place, and as often as the company thinks proper, may, with the like consent, break up and open any highway or public place, subject however to the following provisions :

(a.) The company shall not interfere with the public right of travel, or in any way obstruct the entrance to any door or gateway, or free access to any building ;

(b.) The company shall not permit any wire to be less than twenty-two feet above such highway or public place ;

(c.) All poles shall be as nearly as possible straight and perpendicular, and shall, in cities, be painted, if so required by any by-law of the council ;

(d.) The company shall not be entitled to damages on aceount of its poles or wires being cut by direction of the officer in charge of the fire brigade at any lire if, in the opinion of such officer, it is advisable that such poles or wires be cut ;

(e.) The company shall not cut down or mutilate any shade, fruit or ornamental tree without the approval of the corporation of the municipality in which it is situate, and then only so far a3 it may be necessary ;

(f.) The opening up of streets for the erection of poles, or for carrying wires under ground, shall be subject to the direction and approval of such person as the municipal council directs ; the council may also designate the places where such poles shall be erected ; and such street, square or other public place shall, without any unnecessary delay, be restored, as far as possible, to its former condition by and at the expense of the company ;

(g.) Nothing herein contained shall be deemed to authorize the company to enter upon any private property for the purpose of erecting, maintaining or repairing any of its works, without the previous assent of the owner or occupant of the property for the time being ;

(h.) If, for the purpose of removing buildings, or in the exercise of the public right of travel, it is necessary that the said wires or poles be temporarily removed, by cutting or otherwise, the company shall, at its own expense, upon reasonable notice in writing from any person requiring it, remove such wires and poles, and in default of the company so doing, such person may remove such "wires and poles at the expense of the company. The said notice may be given either at any office of the company, or to any agent or officer of the company in the municipality wherein are the wires or poles required to be removed, or, in the case of a municipality wherein there is no such agent or officer, then, either at the head office, or to any agent or officer of the company in the nearest or any adjoining municipality to that in which such wires or poles are ;

(i.) The company shall be responsible for all damage which it causes to ornamental, shade.

or fruit trees, and otherwise for all unnecessary damages it causes in carrying out or maintaining any of its said works.

Mr. SPROULE.

I would like to know if the Minister of Justice has considered whether this should or should not be a provincial Bill. There is nothing in the Bill, as I understand it, that would lead one to suppose that it was other than a provincial corporation. Its operations seem to be confined to one province, and It does not seem to propose to branch out into agencies. On what ground does the company seek to establish incorporation here ?

The justification for the introduction of the Bill here is found in the fact that the St. Croix river on which the company's operations are to be carried on, and in connection with which alterations are to be made, is an international river, dividing Canada from the United States.

Mr. BORDEN (Halifax).

Still, I would suggest to my hon. friend the Minister of Justice that the company is being granted power extending far beyond the St. Croix river. Its business might be carried on elsewhere than on this river. It seems to me, without having given the subject very much consideration, that the proper way to deal with a scheme of this kind would be for the company to secure a provincial charter giving it the powers that are covered by this Bill, and then, if it should become necessary, on account of the enterprise of the company extending to the St. Croix river, to secure a very brief Act from this parliament giving any necessary powers which only this parliament could give. But, so far as nine-tenths of the matters covered by this Bill are concerned, the provincial legislature is the body that should regulate the future business of this company, I would suggest to the Minister of Justice that he should take this matter into consideration and have some general practice established as to matters of that kind. It occurs to me at the moment that the plan I propose is the more logical plan of the two. Pursuing the course that is asked for here, you have this parliament invading the jurisdiction of the provincial legislature simply for the reason that some portion of the company's works may touch a subject which is peculiarly within the jurisdiction of this parliament.

Mr. EMMERSON.

I may say that the whole question arose two or three years ago in connection with the Tobique Manufacturing Company. The government of New Brunswick, protested officially against the granting of such powers by this parliament. The Bill is in this position, that the promoters, when the suggestion was made, said that It was their intention to apply at once to the provincial legislature, and that they would have two charters.

Mr. DEPUTY SPEAKER.

Mr. WADE.

They are anxious to get to work early in the spring, and they felt that if they waited till they got a charter from the New Brunswick legislature they might be delayed. It does not make much difference whether they get here first or there.

Progress reported.

1. How many trips wers made by the steamship 'Ajneiia' to the Magdalen Islands in the season of 1901 ?

2. What is the tonnage and carrying capacity of said steamship with regard to freight and passenger accommodation ?

3. Have any improvements been made to her in the winter of 1900 ?

4. If so, what is the nature of such ameliorations or improvements ?

5. Is it the intention of the government to give the people of the Magdalen Islands a more fre-guent service ?