Mr. OLIVER:

I wish to refer to a matter in regard to which I asked the hon. Minister of Trade and Commerce a question yesterday. Is the fixed price of wheat until August 31 applicable only to the wheat of last year's crop, or is it applicable to new wheat coming forward?

Sir GEORGE FOSTER:

Old and new.

Mr. OLIVER:

At what date did that

proposition take effect? I want to draw the minister's attention to the fact that on the 24th the cash price of No. 1 and No. 2 Northern wheat in Winnipeg was $2.40, No. 3 Northern, $2.38. In Minneapolis, No. 1 Northern, $2.60 to $2.65, and No. 2 Northern $2.55 to $2.60.

Sir GEORGE FOSTER:

The order took effect, as far as the price and inclusion of the new crop is concerned, on the date of the promulgation of the order, somewhere between the 15th and 20th of the month. I forget the exact date.

Mr. OLIVER:

It was the date I wanted to get.

Sir GEORGE FOSTER:

My hon, friend will remember that I read the orders and they were placed on Hansard about ten days ago.

Hon. RODOLPHE LEMIEUX:

I notice in the Citizen this morning a statement that Thomas Kelly who was sentenced to some two years and a half in the Stoney Mountain penitentiary, on the verdict rendered at the Manitoba Assize Court, has been given ticket-of-leave by the Minister of Justice. Some days ago I asked that hon. gentleman (Mr. Doherty) if any petitions had been received by the Department of Justice, and he answered in the negative, gentleman (Mr. Doherty) if any petitions since, and is there any correspondence in the matter to be laid on the Table of the House? If Kelly has been given a ticket-of-leave on account of his health, I ask that the medical certificates be laid on the Table of the House.

Hon. 'C. J. DOHERTY (Minister of Justice) : I think the hon. gentleman

must have misunderstood me, if he apprehended that I had said that there had been no petitions for the release of Kelly. Petitions were received at different times. Since the hon. member referred to the matter on a former occasion, it 'has been represented to us that Kelly's health was in such a condition that there was actual danger of death. We had previously received representations with regard to his health. Since he has been confined to the penitentiary it has been necessary to hold him under medical treatment all the time, and the penitentiary surgeon, who unfortunately died recently, some time ago expressed the decided

opinion that Kelly should be released.

I have not the dates of his last report on the subject, but 'I think it was in June. He had previously reported in April, .and I think even before that, expressing his opinion that Kelly should be released. His last Teport was to the effect that he would not take the responsibility of his being longer detained, and we caused Mr. Kelly to be examined in March or April, I think, by Dr. Lafleur, of Montreal, who, I think, the hon. gentleman knows, is a very eminent gentleman in his profession, and, as a consequence of his report, we did not feel justified in acting upon the Teport of the jail surgeon. But quite recently it was reported to us, as X have said, that the prisoner was in such a condition that there was danger of his death. Upon that information coming to us, which came through members of his family, who had been gathered at the penitentiary by reason of his critical condition, I caused the prisoner to be examined by Dr. Popham, of Winnipeg, a physician of very high standing, who,

I am quite satisfied, is above any suspicion of expressing an opinion other than his genuine professional opinion. He reported that he found Kelly in bed suffering from gastritis, with a very high temperature-I forget exactly what it was and rapidly losing in strength; also that Kelly had lost weight really to .an alarming extent, I cannot mention just now the number of pounds, and there was no prospect of improvement under existing conditions. Under those circumstances I felt that I should entirely fail in my duty if I did not recommend that Kelly should be transferred to a hospital, where he could receive proper treatment. I made that recommendation and a ticket-of-leave for that purpose was issued. Should Mr. Kelly recover, the question, of course, would remain open as to whether he should not be returned to the penitentiary, or whether further action should be taken. But certainly the circumstances left it beyond doubt, I think, that no other course was open to us that to allow this man to have the treatment that, upon high medical professional recommendation, was considered necessary for the preservation of his life

Hon. RODOLPHE LEMIEUX:

Some

years ago three men were sentenced-

Mr. SPEAKER:

Order. If the hon.

member wishes to ask further questions with respect to Kelly, I respectfully submit that he should put them upon the Order Paper.

Mr. LEMIEUX:

I do not wish to ask w'th respect to Kelly. Some years ago three men were condemned to long terms for attempting to blow up the Welland canal. I understand that they have been released by the Minister of Justice. Will he say when?

Mr. DOHERTY:

One of the men was released by a higher Authority than the Minister of Justice-he died in the penitentiary. The second was released, I could not say accurately when, but I think some two or three years ago. The last one was released, I think, about a year ago. I shall be glad to get the exact dates. The two men were released after having served terms very much longer than those served by men in the Mother Country for like offences whose sentences were also commuted.

Mr. LEMIEUX'. They were sentenced to twenty years?

Mr. DOHERTY:

Speaking from memory,

I think they were sentenced for life.