AYLESWORTH (Minister of Justice) moved for leave to introduce Bill (No. 204) to amend chapter 38 of the statutes of 1907. He said : The purpose of this

Bill is to repeal one section of the statute referred to. That statute contained a number of provisions with regard to the deposit of mortgages as railway security. The retention of one provision, which was inserted in the Senate, was due to a misunderstanding between the gentleman who was interested in obtaining legislation, a legal practitioner in the city of Ottawa, and the Deputy Minister of Justice. The deputy minister assented to a number of sections, but not to this one ; but by a misunderstanding it was included among those that were passed by the Senate and concurred in by this House. As soon as the matter was noticed-in fact, within a day or so of prorogation-a letter was written to the gentleman interested in the legislation, asking him to inform his clients of the misunderstanding, and stating that it would seem to be necessary to reconsider the provision in question.

Mr. LANCASTER.

What is the effect of the legislation ?

Mr. AYLESWORTH.

It is difficult to state the effect of the section which is sought to be repealed without reference to the exact language of it. It relates to the registration of mortgage securities by railway companies, and the effect of that on the claims of creditors. When the Bill comes for discussion on the second reading or in committee, I shall be happy to give all the explanation in my power as to the exact nature of the provision.

Mr. LEMIEUX.

Mr. Chairman, this resolution speaks for itself. In moving it I

Carried.

Resolution reported read the second time and agreed to.

Mr. R. L. BORDEN.

I may say to my hon. friend that he is very much in the position of a certain practitioner, a friend of mine, who many years ago made a motion in court in a certain case. The court was so much in favour of the motion that they refused to hear him, and he complained most bitterly because he was not allowed to make his argument.

Mr. LEMIEUX moved for leave to Introduce Bill (No. 205) to prohibit the importation, manufacture and sale of opium for other than medicinal purposes.

Mr. BLAIN.

Before the orders of the day are called may I be permitted to direct the attention of the Minister of the Interior to a question on page 12747 of ' Hansard,' only a part of which was answered. He answered parts 1 and 2, but left parts 3, 4, 5 and 6 unanswered. Perhaps the hon. minister will give the matter his attention and have these parts of the question answered to-morrow.

Mr. R. L. BORDEN.

I presume that this resolution is made necessary by provincial legislation in each case.

Mr. AYLESWORTH.

What is proposed is two extra judges in district courts in the new portion of the province of Ontario and one extra county court judge in Manitoba. The districts in Ontario are the district of which Sudbury is the centre and another new district, in the territory of Rainy River. The Sudbury district was constituted by provincial statute a year ago. It was assented to in the provincial legislature a day or two before this House prorogued in April, 1907. It was then too late to legislate here in pursuance of that statute and the consequence has been that up to the present it has not been possible to appoint a judge for the new district of Sudbury, though the necessary legislation has now been on the provincial statute-book for some 15 mouths. The officers of the court, I understand, have been appointed and the court is in existence ready to do work except that there is no judge. The appointment of a judge is very urgently needed in that district. The court in the district of Rainy River is a new district court which has been established during the session of the Ontario legislature of the present year. The work of establishing the court, so far 3-s the appoint-Mr. R. L. BORDEN.

ment of officials is concerned, has not gone so far in Rainy River as in Sudbury. I am not aware whether the sheriff and other of-licers have been appointed, but the growing needs of that portion of the province where settlement is proceeding and where the settlers are situated at very long distances from the nearest towns where courts can be held, made it absolutely necessary that these appointments should be provided for without further delay.

With regard to Manitoba there is a general statute under which the government of that province, when the appointment of another county court judge is needed, may so declare and in that way bring into force, automatically as it were, the statutory prerequisites for the establishment of the court. This county court judge is required in the northern part of the province, in the part which is at present, as I understand, filling up with settlers to a very considerable extent, and therefore, in the opinion of the provincial government, the establishment of a new court is required. It is simply with regard to these three cases that this provision is made and in each case there has been the necessary action by the provincial authorities.

Mr. GERVAIS.

Might I say a few words with respect to the request which has been made to the government for years for an increase of salary to the circuit court judges of the city of Montreal. As we know, in Quebec there are but three circuit court judges, who have been appointed to sit for the district of Montreal, in the other twenty districts, the circuit court work is done by the superior court judges. They have been discharging their duty for many years ; they are hearing during that time over 20,000 cases per year ; they sit about every day in the year and they are receiving a paltry salary. I think it but fair to ask that they should now be granted the increase of salary which were granted two years ago to all the circuit court judges of the other provinces. They are but three, they are clever, painstaking learned men, assiduous in their work and I think I am safe in saying that all the people in Montreal, the bar of Montreal, everybody in the district would be highly pleased to have an increase of salary of about $1,000 given to each of these judges. They are Mr. Chief Justice Leboeuf, Mr. Justice Dorion and Mr. Justice Purcell. I hope that my remarks will be given due consideration and that some provision will be made during this session. The bar of Montreal have been petitioning for years that such an increase should be granted this year if possible. These judges deserve the increase of salary that has been granted to the circuit court judges in Ontario, and I do not know why they were left out when the general increase of salaries to judges was voted by this House.

Mr. AYLESWORTH.

The question raised by the hon. gentleman is one to which a good deal of consideration has been given. Not long since a memorial on the subject was presented and I must concede that so far as my own views are concerned, I could not but recognize the justice of many of the representations with regard to the salaries of the circuit court in Montreal which were made in that memorial. The whole question of judicial salaries is, however, a very difficult one to deal with and a very awkward one to reopen. Judicial salaries were considered by this parliament only three years ago and a very considerable measure of increase given to nearly all of the judges throughout the Dominion. I cannot pretend that there are not some inequalities in those salaries and those who suffer from the inequalities think that there is lack of equity and lack of justice in the relative salaries as compared with the amount of work that falls on different courts or judges to do and press very strongly that recognition of their position should be had and some betterment of their salaries granted. Personally I am not willing so soon to open that troublesome question again. Inequalities, I am afraid, will always exist, even under the most careful revision that could possibly be made. We are, I think, and I suppose all lawyers think, not at present paying our judges enough, we are not getting throughout the country as good service as we could get if we paid better figures. I think that judicial service is just like any other service and that the cheaper you try to get it. the poorer the quality of the product. In that view I certainly should be better pleased if we could provide some considerable general increase to our judicial salaries. I am afraid, however, that that is not the sentiment of parliament and I doubt if it is the sentiment of the country. I am afraid the general view is that a lawyer is a lawyer and the cheaper you can get him, the better for your own pocket.

Mr. GERVAIS.

My hon. friend the Minister of Justice should know that everybody is satisfied throughout Canada with the general increases of salary granted to the judges. There is no complaint on that score and we shall not want any more increases for twenty years to come, I think; but I would like to know from the minister whether he is aware of the fact that out of the judges who got increases of salary two years ago, the three circuit judges in the city of Montreal were omitted ? There were only three judges in all Canada who got no increase of salary and these were the three circuit court judges of Montreal. I took some interest in their case and was told that it was through an oversight that no increase had been given them. That is why I call once more the attention of parliament to this omission and inequality of treatment.

Resolution reported read the second time and agreed to.

I Mr. AYLESWORTH moved for leave to introduce Bill (No. 206) to amend the Judges' Act. He said : This Bill contains not only provisions embodying the terms of the resolution just passed but also a provision with regard to the chairman or assistant chairman of the Board of Railway Commissioners, where such official has been a judge of the Superior Court prior to his appointment. The effect of the amendment is to reduce from fifteen to twelve years the period of service which would entitle the chairman, in such a position as I have described, to the usual retiring allowance.