Mr. LENNOX.

I wish to call the attention of the Minister of Railways to an item in the Evening 'Citizen' of yesterday in connection with level crossings. The minister will recall that on January 25 an order was made for information to be brought down to the House concerning the number of accidents at level crossings, and on subsequent occasions I inquired of the minister about it and I think I had virtually his promise that the return would be facilitated and brought down at the earliest possible moment in order that this question might be discussed. It has not yet been brought down but I see that the information has been given to the press before it has been given to this House. While it is very desirable that the press should have knowledge of these matters, the first to be acquainted with them should be the members of this House. The article in the ' Citizen ' would indicate that the information contained in it had been in the possession of

the Railway Board all the time. It says so in fact, and so I suggest to the minister that it is hardly treating us fairly not to bring this return down and present the information to the House before it goes to the public. This is in a sense a repetition because a little while ago we had it in the press that the minister was taking certain action and that correspondence had passed between the minister and the Chairman of the Railway Board. I requested the minister to bring down the information he had, but the minister thought it was not wise to do so. I hope this return will be brought down to-day as I wish to discuss this question at the earliest possible moment.

Mr. GRAHAM.

My hon. friend is right; information of this kind when asked for as a return should come to the House first. This return has been prepared and it is somewhere between the Secretary of State's Department and the House. I thought we would have it this afternoon but we will have it to-morrow at least. The other matter to which my hon. friend refers was not information that I obtained from the board but a private letter from the chairman of the board.

Mr. R. L. BORDEN.

It would be a convenience if it could be brought down at a later stage of to-day's sitting as it is desired to discuss this to-morrow.

Mr. GRAHAM.

This is the first intimation the hon. gentleman gave me that he was going on to-morrow.

Mr. LENNOX.

I was going on yesterday but the information was not here.

Mr. GRAHAM.

I shall ask the Secretary of State to telephone his department and have the return brought down as rapidly as possible.

Mr. R. L. BORDEN.

Before we take up the Bill clause by clause, the minister will perhaps give an explanation of the Bill as a whole, so that we may the better understand it as we take up each section.

Mr. GRAHAM.

The first section, 360a, is for the purpose of giving the Board of Railway Commissioners power to regulate the rates for electrical power developed by companies to whom we may lease water-powers. There are some peculiar instances in which it would be impossible to provide for this in the contract, but wherever it is possible, in case of any dispute, the rates are to be submitted to the board. The other clauses are in reference to returns to be made by the different companies.

Section 370 of the Act provides for annual returns. The forms approved by the department vary considerably, and we want to furnish forms on which the returns shall be made, as some of the old forms are really valueless. Then, we are extending the time for the returns from July to August. The companies complain that they cannot get all their information compiled by the first of July. The remaining clauses of the Bill are designed to secure more complete returns, to get them in better shape, and to compel the companies to give them to us within the time specified.

Mr. SAM. HUGHES.

Does this Bill cover a case in which the government have, formerly leased water-power without specifying the purpose for which it was to be used?

Mr. GRAHAM.

I have a great reluctance to doing anything to interfere with existing contracts. I do not think we could do that very well. For instance, a company owns at present a large share of water-power, and under their contract they have the right to sub-let without any hindrance. We take over all their property and re-elect the power to them; but we cannot interfere with the contracts they have already made. But wherever possible we make provision in contracts that the Board of Railway Commissioners shall regulate the rates.

Mr. HAGGART.

In a great many railway charters, the company is given power to develop water-power along its line of road, and power to let for commercial purposes the surplus water-power over that used by the railway. Does this apply to that case?

Mr. GRAHAM.

That is not really the object of this Bill, though possibly the Bill might apply to a case of that kind. In all the railway charters we give now, containing that power, we are providing that these matters must be referred to the Railway Commission. I do not wish however to put anything in the law to interfere with existing contracts.

On section 1-in disputes between lessee of water-power and applicant for electricity, the board may fix price.

Mr. R. L. BORDEN.

As I understand this section, it imports into the Railway Act a new clause conferring upon the board the statutory power to determine rates where under lease from the Crown of water-power to a private corporation, the rates charged by such corporation are, according to the terms of the lease, to be determined by the board. In other words the board in such cases already has a quasi jurisdiction by virtue of the contract between the Crown and the lessee. It is desired to implement that by this

statutory enactment, which declares that the board shall have its usual power in respect to the adjustment of rates in such cases.