March 1, 1915

PRIVATE BILLS INTRODUCED.


Bill No. 62, respecting the Bank of Alberta.-Mr. Douglas. Bill No. 63, to incorporate the Catholic Truth Society of Canada.-Mr. Macdonell. Bill No. 64, respecting a certain patent of the Mills Equipment Company, Limited. -Mr. Northrup. Bill No. 65, respecting the Toronto Hamilton and Buffalo Railway Company.- Mr. T. J. Stewart.


RAILWAY ACT AMENDMENT.

COMPENSATION TO WORKMEN.


Mr. H. B. MORPHY (North Perth) moved for leave to introduce Bill No. 66, to amend the Railway Act. He said: The purpose of the Bill is to amend paragraph (e) of clause 34 of section 2 of the Railway Act, Revised Statutes of Canada, chapter 37. The Act as it stands includes, under the head of ''working expenditure" of railways ''(e) all rates, taxes, insurance and compensation for accident or losses." The Bill which I ask leave to introduce extends the language of paragraph (e) to make it read in this way: (e) all rates, taxes, insurance and compensation for accident or losses, including any such compensation payable under the provisions of any Act of the Parliament of Canada or of any provincial legislature providing for the payment of compensation to workingmen for injuries or in respect of industrial diseases. The object of the Bill is to extend to the workingman who is injured the privilege of having his claim come under section 141 of the Railway Act in the same way as rates, taxes, insurance and compensation for accident or losses. It will give the claim of a workman who may suffer accident and loss priority as against a mortgage or bonding deed covering the railway's assets in the same way as rates, taxes and insurance now have a prior claim. This will bring the Railway Act into line with the new legislation of the province of Ontario dealing with compensation to workmen for injuries sustained. It is merely to extend the law as it stands, and it seems to be an amendment that is necessary in the case of a railway company which may be insolvent and unable to pay claims for losses. In such a case the workman's claim will have priority over a mortgage deed the same as the other elements now in the law have priority. Motion agree.d to, and Bill read the first time.


YUKON PLACER MINING ACT AMENDMENT.

SOLDIERS' MINING RIGHTS.


Hon. W, J. ROCHE (Minister of Interior) moved for leave to introduce Bill No. 67, to amend the Yukon Placer Mining Act. He said: An Order in Council was passed on the 28th October by which all those who had enlisted for service in the war had their mining rights protected until six months after the proclamation of peace. Inasmuch as this did not apply to those acquiring rights under the Placer Mining Act in the Yukon, the Commissioner of the Yukon was instructed by the department shortly after the passing of the Order in Council that it was the intention of the department to have the same privileges extended to those who had acquired rights of a similar character in the Yukon under the Placer Mining Act. As the Placer Mining Act could not be amended to this effect by Order in Council, this amendment is introduced. Motion agreed to, and Bill read the first time.


QUESTIONS.


[Questions answered orally are indicated by an asterisk.]


PORTSMOUTH PENITENTIARY.

LIB

Mr. EDWARDS:

Liberal

1. What quantity of potatoes was produced on the Portsmouth penitentiary farm in each of the years 1912, 1913 and 1914?

2. Were any of suclt potatoes sold? If so, to whom and at what price?

3. From what persons or firms were potatoes bought for use in said penitentiary in the years 1912, 1913 and 1914, and to date, 1915, with the quantities in each case and the price paid?

4. What quantity of pork has been produced at said penitentiary farm during the years 1912, 1913 and 1914?

Topic:   QUESTIONS.
Subtopic:   PORTSMOUTH PENITENTIARY.
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CON

Mr. DOHERTY: (Minister of Justice and Attorney General of Canada)

Conservative (1867-1942)

1. In 1911-12, 517 bushels; 1912-13, 500 bushels; 1913-14, 366 bushels.

2. No potatoes were sold in 1912 or 1914.

In 1913 the following sales were made, which (with the exception of 1J bushels) were culls-too small for table use and purchased for seed: W. Holland, 9 bushels;

F. Montgomery, 7i bushels; J. Berrigan, 2 bushels; H. Powell, 41 bushels; R. Mc-Geein, 3 bushels; W. Tatton, 1 bushel; F. Doyle, li bushels; J. M. Platt, li bushels; Total, 30 bushels at 85c. per bushel.

3. Potatoes were purchased in 1912, 1913, 1914 and 1915, as follows:

Date. Name. Quantity. Price.

1911.

April 12. Alfred Garrett. . . . 73 bags. $0 80" 28. Jas. Redden & Co... 170 " 0 90May 19. " 4 1 10" 23. C. Craig 87 " 0 90June 7. Jas. Redden & Co. . . 56 0 90" 11. J. M. Stafford . . . . 14 " 0 80" 16. H. E. Peters 39 41 0 8 0" 23. J. Munroe 40 44 0 80July 6. J. Redden & Co 48 " 1 00" 7. J. Crawford 20 bu. 1 25" 29. Isaac Fraser 13 " 1 25Aug. 5. John Henderson. . . . 15 1 50" 12. D. Boyce 10 1 40Nov. 1. F. C. Palmer & Co. 1,034 " 0 601912. Feb. 17. Alfred Reid 15 bags. 1 75Mar. 7. W. P. Peters 24 ** 1 80" 19. J. Y. Parkhill 17 " 1 85" 22. " 125 " 1 7022. W. P. Peters 190 " 1 75May 6. M. J. Hill 30 1 65" 14. Jas. Redden & Co. . . 2 1 90" 21. F. S. Ferguson. . . . 33 1 75" 23. J. Y. Parkhill 279 1 771 July 18. W. P. Peters 10 " 1 60" 19. St. V. de Paul Penity 50 " 1 35" 30. J. Y. Parkhill 30 brl. 4 25Aug. 12. J. R. Henderson. . . . 20 3 75** 24. W. A. Height 10 bu. 1 00" 24. Grant Pyke 50 " 1 00" 31. Geo. Curl 12 bags. 1 00Sept. 5. Allan German . . . . 20 " 1 00" 10. J. Y. Parkhill 26 44 i 00Nov. 16. H. Wallace 9 44 0 95" 16. Alva Emberly 8 " 1 00" 20. C. H. Spooner .. .. 102 " 0 9526. Harris Abattoir Co. 598 " 0 95Date. Name. Quantity. Price. 1913. Mar. 7. A. Maclean . . . . 24 " 1 10" 12. J. Y. Parkhill. . . 30 " 1 00" 18. W. P. Peters. . . . 30 " 1 00" 22. " . . . . 30 " 1 00" 28. A. Maclean . . . . 100 " 0 90April 14. W. J. Crothers & Co. 100 " 0 90** 24. W. P. Peters. . . . 600 " 0 88July 26. T. D. Creighton.. 103 bu. 1 25" 29. J. Y. Parkhill. .. 10 brl. 3 60" 30. J. D. Creighton. . 193 bu. 1 00" 31. J. R. Henderson.. 20 " 1 10Aug. 5. J. Y. Parkhill . . . 10 brl. 3 00" 9. Sydney Parks . : 24 bu. 1 00** 9. C. O. Keeler. . . . 10 " 1 00" 9. H. Ball 123 " 1 00" 16. C. O. KeelCr.. .. 10 " 1 00" 16. Bruce Henderson. 25J " 0 95Oct. 18. Elmer Clyde.. .. 40 bags. 0 85" 25. " . . . . 17 " 0 85" 17. W. A. Potter. . . . 29 " 0 85Nov. 1. W. McNeely. . . . 31 " 0 90Oct. 15. Elmer Clyde. . . . 14 " 1 00Nov. 15. " . . . . 17 " 1 00" 15. David Fink. . . . 20 " 0 90" 15. Frank Joyner. . . 15 " 0 90" 20. " . . . . 31 " 0 90" 22. " . . . . 38 " 0 90Dec. 6. Damon Amey. . . 12 " 0 95" 6. J. C. Rogers. . . . 9 " 0 95" 12. J. F. Nolton 30 " 1 00" 18. T. A. Kerr . . . . 71 " 1 00" 30. " . . . . 120 " 1 001914. Jan. 23. T. A. Kerr. . . . 107 " 1 00" 23. Wm. Gashman . . 43 " 1 00" 23. " . . 44 " 1 00Mar. 18. T. A. Kerr. .. . 300 " 1 00_*.pril 14. J. Y. Parkhill (seed) 50 " 1 25" 15. Geo. Irvine . . . . 15 " 1 00" - " ... 14 *' 1 00May 4. A. Mac an . . . 30 " 1 00" 20. J. Y. Parkhill & Co. 75 " 1 45" 27. Hatfield & Scott. 455 " .1 25Aug. 8. H. W. Stover. . 10 bu. 1 00" S. Cortland Snider. 10 " 1 10" 8. Chas. Connors . . 161 " 1 00" 15. Alva Emberly .. 29 " 1 10" 20. H. Rcibnson. . . 10 44 1 00" 20. Roy Rose 4 " 1 00" 21. Jas. Redden & Co... 32 " 1 00Dec. 29. Benson Coulter. . 112 bags. 0 75" M. Mangon . . . 103 44 0 75Aug. 20. R. Clark 11 bu. 1 001915. Jan. P. Yeomans. . . 12 bags. 0 75Feb. 10. T. H. Watson. . . , 79 44 0 7544 T. A. Kerr . . . 168 " 0 75" - Alva Emberly. . , 46 44 0 75"

" , 14 44 0 75" 17. Thos. W. Kerr . . 77 44 0 75" 12. M. Truesdale. . . . 69 " 0 754. Fiscal year 1911-12, 43,777 lb; fiscal year 1912-13, 38,233 lb; fiscal year 1913-14, 30,115 lb.

Topic:   QUESTIONS.
Subtopic:   PORTSMOUTH PENITENTIARY.
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LIB

Mr. EDWARDS:

Liberal

1. When was Mr. Creighton appointed as warden of Portsmouth penitentiary?

2. In what institutions had Mr. Creighton performed the duties of warden previous to his present appointment, and what are the dates of his service in each case?

3. Who is the warden of Prince Albert penitentiary and when was he appointed?

4. What previous experience had he to fit him for the position?

5. On whose recommendation was he appointed ?

Topic:   QUESTIONS.
Subtopic:   PORTSMOUTH PENITENTIARY.
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CON

Mr. DOHERTY: (Minister of Justice and Attorney General of Canada)

Conservative (1867-1942)

1. August 1, 1914.

2. Kingston penitentiary, June 26, 1913, to August 8, 1913; Alberta penitentiary, December 10, 1913, to April 6, 1914; Kingston penitentiary, July 11, 1914, to August 1, 1914.

3. W. J. Macleod, appointed March 25, 1914.

4. Continuous employment in the penitentiary service since January 1, 1896, in various capacities, clerical, administrative and disciplinary.

5. The Minister of Justice.

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Subtopic:   PORTSMOUTH PENITENTIARY.
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LIB

Mr. EDWARDS:

Liberal

1. By whose order or direction would the act of tubbing insane convicts be carried out?

2. Are there any guards or other officials at Portsmouth penitentiary who have assisted in or ordered the tubbing of insane convicts?

3. Was a specially constructed cell prepared for the hosing of convicts at Portsmouth penitentiary?

4. By whose order was said cell specially prepared for that purpose?

5. Have convicts at Portsmouth penitentiary been hosed by Inspector Stewart, Inspector Hughes and Deputy Warden O'Leary?

6. Has hosing and tubbing of convicts been discontinued? If so, when and for what reason?

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Subtopic:   PORTSMOUTH PENITENTIARY.
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CON

Mr. DOHERTY: (Minister of Justice and Attorney General of Canada)

Conservative (1867-1942)

1. Bathing (by use of ordinary bath tubs) is imperative as a sanitary regulation of the prison and is carried out weekly by the officer in charge of the ward as a matter of routine, without special orders from anyone. If the officer neglected the duty, he would be reported by his superior officer to the warden. Except in very" rare cases, the convicts comply willingly and appreciate the opportunity. Occasionally, however, a refractory lunatic refuses to comply, in which case the bath is enforced by the officers-due care and precautions being taken to prevent the convict from injuring himself or the officers in charge.

2. The warden is unable to find any one on the staff of the penitentiary who has any knowledge of tubbing having been used except as before described. The following are the statutory declarations of officers who are still on the staff of the prison and who have been, from time to time, in charge of the insane ward:

Dominion of Canada, province of Ontario, county of Frontenac, to wit:

In the matter of the inquiry regarding the alleged " tubbing '' of the insane at the insane ward of Kingston penitentiary.

I, Patrick J. Madden, of the city of Kingston,

in the county of Frontenac, guard, do solemnly declare that I was in charge of the insane ward from September 3, 1907, to August 31, 1911, and from September 13, 1911, to September 26, 1911.

During that time there were filthy prisoners who refused to bathe. There was a strap placed round the body of the prisoner and two for the hands and one for the feet. This strap was used for the protection of the convict and the officers. These straps were only used for refractory convicts while bathing and for no other purpose. The water used was ordinary bath water.

And I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of " The Canada Evidence Act, 1893."

(Sgd.) P. J. Madden.

Declared before me at the Kingston penitentiary in the county of Frontenac this 23rd day of February, A.D. 1915.

(Sgd.) J. Russell Foster.

A Commissioner in H.C.J.

Dominion of Canada, province of Ontario, county of Frontenac, to wit:

In the matter of the inquiry regarding the alleged " tubbing " of the insane at the insane ward of Kingston Penitentiary.

I, Arthur McConville, of the city of Kingston, in the county of Frontenac, guard, do solemnly declare that I was in charge of the insane ward from July 3, 1911, till September 12, 1911, and from September 27, 1911, till March 30. 1912.

During my time the bath was never used as a punishment. The straps were used on a prisoner who was filthy and refused to bathe voluntarily. There was no violence used toward any prisoner. The straps being used for his protection and ours. The water was luke warm, as used for bathing.

And I make this solemn declaration conscientiously 'believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of " The Canada Evidence Act, 1893."

(Sgd.) A. McConville,

Declared before me at the Kingston penitentiary in the county of Frontenac this 23rd day of February, A.D. 1915.

(Sgd.) Chas. F. Smith.

A Commissioner in H.C.J.

Dominion of Canada, province of Ontario, county of Frontenac, to wit:

In the matter of the inquiry regarding the alleged " tubbing " of the insane at the insane ward of Kingston Penitentiary.

I, William Ryan, of the 'city of Kingston, in the county of Frontenac, guard, do solemnly declare that I was in charge of the asylum from July 1, 1512, to September 8, 1913. That during that time one or two prisoners had to he strapped for the bath. The bath was never used as a punishment-the straps being used for their protection and that of the officers. The water was not too cold for bathing.

And I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of " The Canada Evidence Act, 1S93."

(Sgd.) W. Ryan.

Declared before me at the Kingston penitentiary in the county of Frontenac this 23rd day of February, A.D. 1915.

(Sgd.) Chas. F. Smith.

Dominion of Canada, province of Ontario, county of Frontenac, to wit:

In the matter of the inquiry regarding the alleged " tubbing " of the insane at the insane ward, Kingston penitentiary.

I, Charles H. Gray, of the city of Kingston, in the county of Prontenac, guard, do solemnly declare that I was on duty in the insane ward from April 1, 1912, to May 25, 1912.

During that time there was a convict of filthy habits who had to be given a forced bath. Straps consisting of a waistband and two side straps for the hands and one for the feet were used. No unnecessary force was used. The water was tepid, such as used in a bath. This restraint was simply used for his and our protection.

And I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of " The Canada Evidence Act, 1893."

(Sgd.) C. H. Gray.

Declared before me at the Kingston penitentiary in the county of Prontenac this 23rd day of February, A.D. 1915.

(Sgd.) Chas. F. Smith.

Dominion of Canada, province of Ontario, county of Frontenac, to wit:

In the matter of the inquiry regarding the alleged " tubbing " of the insane at the insane ward of Kingston Penitentiary.

I, Robert E. Aiken, of the city of Kingston, in the county of Frontenac, guard, do solemnly declare that I have been in charge of the insane ward since November 11, 1913.

Weekly . bathing is compulsory in the ward, and sometimes-three times to my knowledge-[DOT] one or two have resisted. The straps are placed round the waist and on the hands and feet. The prisoner is then placed in the bath and washed clean. No undue force is used. The water is never cold. Strapping is never used as punishment. The same straps are used when a prisoner refuses to have his hair clipped.

And 1 make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of " The Canada Evidence Act, 1893."

(Sgd.) Robert Aiken.

Declared before me at the Kingston penitentiary in the county of Frontenac this 23rd day of February, A.D. 1915.

(Sgd.) Chas. F. Smith.

A Commissioner in H.C.J. Ontario.

3. A cell in the isolated ward was set apart for the purpose and provided with an exit for water, etc.

4. By Inspector Stewart after an outbreak of several incorrigible criminals, in which several officers were rendered unconscious and dangerously injured.

5. Twelve convicts in Kingston penitentiary have been hosed-seven by Inspector Stewart and five by Deputy Warden O'Leary, when in charge of the prison. This was done under authority of No. 179 of the Penitentiary Regulations, drafted with the concurrence and approval of Sir Oliver Mow at when Minister of Justice and adopted on the recommendation of

Hon. David Mills, his successor as Minister of Justice, by the Governor General in Council, on November 26, 1898. This form of punishment for defiant and incorrigible convicts was substituted for the " triangle and the lash " previously authorized.

As regards Inspector Hughes. No. He was never in charge of the penitentiary.

6. The hose has not been used since May 11, 1913.-Since the report of the Investigating Commissioners (April 15, 1914) the regulation Authorizing its use has not been acted on, pending final decision as to modification of regulations now under consideration.

Topic:   QUESTIONS.
Subtopic:   PORTSMOUTH PENITENTIARY.
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COLE HARBOUR WHARF.

LIB

Mr. SINCLAIR:

Liberal

1. Why has the Government not built a public wharf at Cole Harbour, Guysborough county, N.S. ?

2. When was the money for the construction of this wharf first voted by Parliament?

Topic:   QUESTIONS.
Subtopic:   COLE HARBOUR WHARF.
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CON

Mr. ROGERS: (Minister of Public Works)

Conservative (1867-1942)

1. Difficulty in obtaining a title to the site on which to construct the wharf.

2. In the fiscal year 1911-12.

Topic:   QUESTIONS.
Subtopic:   COLE HARBOUR WHARF.
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March 1, 1915