THE PROVINCE OF NOVA SCOTIA Incidents When the second Session of the 38th General Assembly of the Province of Nova Scotia was prorogued on Mar. 11, 1927, it held the distinction of being the shortest session of the Legislature on record, its work having been completed in 38 days. The total number of Bills introduced was 191, as compared with 156 at the first Session. Of these few were of a controversial nature, and the business of the Province was transacted with expedition. The Premier, Hon. E. N. Rhodes, met the House with 38 supporters and with an Opposition composed of three Liberals, under the leadership of Hon. William Chisholm. During the year, the Attorney-General, Hon. J. C. Douglas, had resigned office, and his seat in Cape Breton East, to contest Antigonish-Guysboro in the Federal General Election. He had been succeeded as Attorney-General by Hon. William Lorimer Hall, K.C., Halifax, who was elected on Aug. 30 by acclamation in Queen's County. The second seat in Queen's County had meanwhile been vacated by the resignation of Frank J. D. Barnjum, and this seat, together with that in Cape Breton East, was unrepresented during the Session of the Legislature. The Legislature was opened with customary ceremonies on Feb. 2 by His Honour, James Cranswick Tory, Lieutenant-Governor of the Province. The Speech from the Throne dealt with the following matters : (1) Welcome to the legislators; (2) greetings to the GovernorGeneral and Viscountess Willingdon; (3) the abundant harvest and improvement in employment in coal mines; (4) steps taken to promote the agricultural and industrial interests of the Province; (5) assistance to the N. S. Tuberculosis Commission; (6) state of the fishing industry; (7) progress of the mining industry; (8) appointment of a commission to investigate the condition of mental defectives; (9) highway development; (10) educational conditions; (11) re-establishment of the Provincial Exhibition at Halifax; (12) adjustment of taxation of Government railways; (13) progress of hydro-electric development; (14) steps to abolish Legislative Council; (15) proposed legislation; (16) inadequate representation at Ottawa in the House of Commons; (17) the Public Accounts; (18) the Duncan Commission; (19) freight rates. The motion to adopt the Address in reply to the Speech from the Throne was moved by Howard A. Rice (Guysboro), and seconded by J. L. P. Robichau (Digby). Hon. William Chisholm followed, attacking the Government on its financial record and describing the Speech as "one of the most barren, dry and uninspiring documents I ever read." Premier Rhodes replied on Feb. 3, defending the Government's record and indicting the financial methods which had prevailed before his Administration had come into power. The debate was concluded on Feb. 4, and the motion adopted without division. The Public Accounts, tabled on Feb. 8, were presented in a new form, similar to the system adopted in British Columbia. They showed revenue for the fiscal year ended Sept. 30, 1926, of $5,744,574, and expenditure, $6,327,042. Adding sinking fund instalments of $269,995, the total deficit was $852,463. Total liabilities were shown as $42,517,713, and total assets, $16,085,056. The net debt representing land, buildings, roads, bridges, equipment, etc., and revenue deficits, was $26,432,657. The Budget Speech was delivered by Hon. Mr. Rhodes on Feb. 24. After stating that he had estimated a deficit of $1,155,023 for the previous year, the Premier reminded the people that there had been a continuous series of deficits dating back at least to 1915, and probably farther. Fortunately the estimated deficit had beeen improved upon and the actual deficit was $852,463. The difference was largely due to the fact that they had received two years' taxes from the C. N. R., and succession duty receipts had been unexpectedly increased. Actual expenditure had also been $96,000 less than the estimate. Expenditure for the fiscal year ended Sept. 30, 1927, was estimated at $7,133,146, or $438,822 more than the estimate for the previous year. Estimated increased revenue was $481,512. Mr. Rhodes here explained that the whole of the estimated increase in expenditure and more was accounted for by the legislation and administrative acts of their predecessors. In this connection he mentioned sums required for highway maintenance and the Provincial Treasurer's Department, and the necessity of starting a sinking fund for some $23,309,746 long term bonds. The three items referred to amounted to $447,044. The estimated deficit for 1926-27 was $1,005,338, as compared with $1,155,023 in the previous year; $1,180,866 in 1924-25, and $1,741,139 in 1923-24. With the anticipated increase in the Federal subsidy of $875,000, they would be within $130,000 of meeting the deficit. Mr. Rhodes devoted the balance of his Report very largely to a review of the Duncan Report, and concluded : The effect of the provisions of that Report will be of lasting benefit to this Province, but the greatest benefit of all, in my judgment, will be this, that it will turn the thoughts of the people of this Province from their ills, real or imaginary, because of their having been a portion of Confederation, and that they will realize that they have their full opportunities within Confederation, and that the future of the Province lies with themselves. I myself not only look forward to the future with hope, but with absolute confidence, and I believe a vast improvement will be given to business in this Province as a result of the stimulus imparted to its citizens. I have the hope that this will be the last time in many years that a Provincial Treasurer will be called upon to budget for a deficit, and that, on the other hand, he might have an opportunity, as I certainly would seek, of being able to lighten a portion of the burden of taxation upon the people of this province at the earliest possible moment. I think that should be our goal. If we start upon the road of lightening taxation we will then still give more impetus to the prosperity which I expect to see brought about. Hon. Mr. Rhodes was followed by Hon. Mr. Chisholm, who pointed out that the Government had started the fiscal year with a clean sheet after the auditors had balanced the books and put everything in order. They had been voted a million dollars more money than the previous year, but had ended with a deficit of $852,463 in spite of the fact that the revenue had exceeded the estimate by nearly $500,000. The request now was for $500,000 more than last year. He wanted to know why these increases were needed, and said they could not be blamed on a previous administration. Prior to the election the Government party had denounced wastefulness and extravagance, and made promises of economy. "The people are being sadly disillusioned as to the great business Government we have," he declared. The Budget debate was concluded on Feb. 25, the only speakers being G. C. Nowlan (King's), who defended the Government's record, and Premier Rhodes, who replied to the charges of Hon. Mr. Chisholm. The Premier remarked that the increase in expenditure only seemed bigger because the people of the Province for the first time had been told the whole truth about the Public Accounts. For every dollar of increase by way of administrative costs, he guaranteed that he could show a dollar saved in respect to the useless expenditure of the previous Administration. The position of the Legislature with respect to the liquor question was defined on Mar. 1st, when a 6-hour debate, participated in by 15 speakers, took place on a resolution introduced by J. F. Mahoney, one of the Halifax members, to the effect that, in the opinion of the House, there should be enacted legislation substituting for the Nova Scotia Temperance Act a system of Government control of liquor. The resolution was supported by Messrs. Mahoney, Smith, Aucoin, Rehfuss, O'Handley and Robichau, and opposed by Messrs. Nickerson, Caldwell, Farnham, Rice, Nowlan, Giffin, and H. T. MacKenzie. At a late hour Premier Rhodes introduced an amendment that, as the electors had not had an opportunity of expressing their views, no fundamental change in legislation affecting the liquor traffic should be made at present. The amendment was supported by Hon. Mr. Chisholm, and was carried without division. The Nova Scotia Temperance Act also figured in three measures that were brought before the House. The first of these was introduced by Hon. W. L. Hall, AttorneyGeneral, and aimed to amend the Liberty of the Subject Act by striking out Section 8, which, it was claimed by opponents of the Bill, would have the effect of depriving those convicted under the Temperance Act of any appeal from an unfair decision. The attack on this Bill was led by J. F. Mahoney, who moved in Committee that paragraph (1) of the Bill (repealing Section 8 of the Act) should be deleted. His motion was defeated on Mar. 4 by 20 to 4. A further attempt to defeat the Bill was made on Mar. 10, but it passed the Committee by a vote of 22 to 6. However, when the House was prorogued on the following day, it had not received third reading. Mr. Mahoney himself had a Bill before the House providing that, in the case of a man found with liquor in his possession in a place other than his private dwelling, a magistrate might use his discretion in applying the otherwise arbitrary fine of $100 and costs, and also providing for a right of appeal, which at present was denied by the N. S. Temperance Act. This measure was given a three-months' hoist on Mar. 8 by the Law Amendments Committee on a vote of 9 to 8, and was so reported to the House. The third Bill was introduced by E. R. Nickerson, and received the same fate. It provided drastic amendments, including one making it a prima facie evidence of guilt when an inspector met any obstruction in searching a house where liquor was believed to be offered for sale. The Assembly carried a Bill, identical with one that had been thrown out at the previous Session by the Legislative Council, concerning the tenure of office of public servants. The Bill was attacked by Hon. William Chisholm, on the ground that it was introducing the spoils system, but it received third reading on Feb. 17, and was sent up to the Council. The latter returned it on Mar. 3, with an amendment rendering its operation applicable only to those receiving their appointments after the passing of the Act and not, in any case, to those holding judicial or quasi-judicial positions. The Assembly at its sitting on Mar. 4 voted non-concurrence in the amendment, and no arrangement having been reached prior to prorogation, the Bill was not enacted. Just before the Session concluded, Premier Rhodes introduced a resolution calling upon the Federal Government to correct the error in computing the unit of representation whereby Nova Scotia's Federal representation was reduced to fourteen, instead of fifteen members. Mr. Rhodes contended that, when the last Census was taken, there was inadvertently included in the population of Quebec 13,644 people who resided in territory added in 1898, and which by the Act of 1912, was not to be included when determining the unit of population. Because of this, Nova Scotia had been deprived of a member. The resolution was seconded by Hon. William Chisholm, and carried unanimously. An incident of the closing day of the Session, which created somewhat of a sensation, was the introduction by J. F. Mahoney of a motion striking out of the Public Accounts an estimate for a $1,000 increase in the salary of A. S. Barnstead, Deputy Provincial Secretary. This led to a considerable debate, in which several members participated. The motion was defeated on a vote of 24 to 10, the three Liberal members voting with the Government. Among the more important measures enacted at the 1927 Session were the following: An Act to amend and consolidate the Coal Mines Regulation Act, which covered in a very thorough way all features of mine regulation; a somewhat similar law governing metalliferous mines and quarries; an Act to establish a training school for mentally defective children; an Act to provide for the organization of The Fishermen's Federation of Nova Scotia; a general revision of The Mines Act; a revision of The Agriculture Act with respect to agricultural societies, exhibitions and dairying; and an Act raising the gasoline tax from 3 to 5 cents a gallon. Position of the Legislative Council. Further steps were taken in 1926-27 by the Government of Hon. E. N. Rhodes to secure the abolition of the Legislative Council.* A reference was made to the Supreme Court of Nova Scotia following the 1926 Session of the Legislature to ascertain whether the Government had the power to appoint members to the Council in excess of twenty-one, and whether the members held their appointments at the pleasure of the Provincial Government. The case was argued before the Supreme Court on July 12-13, 1926, C. B. Smith, K.C., appearing for the Government, and Stuart Jenks, K.C., for the Legislative Councillors. The Court rendered judgment on Oct. 23, Chief Justice R. E. Harris and Justice J. A. Chisholm upholding the contention of the law officers of the Crown in Nova Scotia that the membership could be increased and that the Councillors held office at the pleasure of the Provincial Government, and Justices H. Mellish and W. F. Carroll dissenting from this view. The effect of the judgment was to leave the question at issue where it was before submission to the Court. The Government immediately sought leave to appeal to the Judicial Committee of the Privy Council, and this was granted on Nov. 16. A fresh incident in connection with the Government's relations with the Legislative Council occurred shortly before the opening of the 1927 Session of the Legislature. Premier Rhodes at this time wrote to Hon. Jason M. Mack asking for his resignation as President of the Council. To this Mr. Mack replied that, as there was considerable doubt as to the legal power of the Government to dismiss him, in the circumstances he did not think it in the public interest to resign. This unfortunate controversy between the Government and the President of the Council was brought to a sudden end by the death of Hon. Mr. Mack on Jan. 18. Appointment of Hon. F. P. Bligh, one of the two Government supporters in the Council, to the position of President followed. The Government announced in the Speech from the Throne at the opening of the Legislature on Feb. 2, that it would reintroduce the Bill for the abolition of the Council which had been rejected by that body at the 1926 Session. This was done by the Premier himself on Feb. 8. Second reading of the Bill was carried on division on Feb. 10, Hon. William Chisholm moving its rejection and Premier Rhodes speaking in its support. Third reading was secured on Feb. 15, and the Bill was sent to the Council. The *NOTE. See The Canadian Annual Review for 1925-26, pages 407-408, for an account of the action taken at the 1926 Session of the Legislature. |