Assiniboia [Manitoba], Legislative Assembly of Assiniboia Debates [on Confederation] (4 May 1870)
By: Assiniboia (Legislative Assembly)
Citation: Manitoba, Reconstituted Debates of the Legislative Assembly of Assiniboia, 1870, 2010 at 86-91.
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Legislative Assembly of Assiniboia
Assembly Chamber, Upper Fort Garry
Wednesday, 4 May 1870
The President took the chair at half-past two P.M.
The minutes having been read and approved the House resolved itself again into committee of the whole on the Liquor Laws, Hon. Mr. Bunn in the chair.
The paragraph commencing with the words “on payment of the sum of Ten Pounds sterling” was first taken up, and on motion of Hon. Mr. Hay, seconded by Hon. Mr. Bannatyne, was amended by adding the word “retail” before the word “liquor” on the sixth line, and the words “and also in all local papers,” after the word “reside” in the nineteenth line.
Paragraph carried as amended.
The two following paragraphs carried without alteration.
In the next the word “twelve” in the second line was changed to “twenty-four” and the paragraph carried as amended.
The next paragraph carried.
The succeeding paragraph was as follows:
“Any person may sue an offender for manufacturing or selling without a license, and shall be entitled to half the fine actually recovered.”
This paragraph carried as follows, on motion of Hon. Dr. Bird seconded by Hon. Mr. Tait:
“Any person may sue another for manufacturing illegally, spirits, wine or fermented liquors or selling the same without a license, and shall be entitled to half the fine actually recovered.”
The next paragraph carried.
In the paragraph following, on motion of Hon. Mr. Bannatyne all the words after the word “any” in the fourth line, were struck out, and the words “any Indian reserve” inserted. The object of the hon. mover, was, he said, to prevent the sale of spirituous liquors, not merely on the present Indian reserve, but on any land which might be set apart as an Indian reserve.
On motion of Hon. Mr. Hay, seconded by Hon. Dr. Bird, the first paragraph under the head “Wholesale Licenses” was amended by striking out the words ―Ten Pounds‖ in the seventh line, and inserting the following:— “not less than Twenty Pounds sterling, and not more than Thirty Pounds sterling.” — Paragraph carried
Hon. Mr. Bannatyne, seconded by Hon. Dr. Bird, moved to add a clause requiring wholesale licenses to be granted twice a year — on the first day of June, and first day of December — The latter motion dropped.
Next paragraph carried.
Hon. Mr. Hay moved the adoption of the third paragraph under the head
“Wholesale Licenses,” which was as follows:
“Such Wholesale Licenses shall be issuable by the Benches of District
Magistrates in their several districts, on the first week day of December, and on no other day to persons applying to the President either before or after that day.”
Hon. Mr. Tait moved an amendment to the effect that Licenses might be taken out at any time during the year.
Hon. Mr. O’Donoghue, seconded by Hon. Mr. Olone, moved in amendment,
that all wholesale licenses shall be granted by the President of the Fort Garry District Court on the first week day in June and the first week day in December, and on no other day.
Hon. Dr. Bird opposed the amendment moved by Hon. Mr. O’Donoghue. But it carried on a division — Yeas 10; nays 9.
The fourth paragraph, giving magistrates power to grant or refuse the license in every case, was struck out, on motion of Hon. Mr. Tait seconded by Hon. Dr. Bird.
Hon. Mr. Tait, seconded by Hon. Dr. Bird, moved the adoption of the next paragraph, prescribing the form of wholesale license.
Hon. Mr. O’Donoghue — I think there should be conditions attached to the license of a wholesale as well as a retail liquor dealer. Many of the conditions to which the latter are subjected, it would be well to bring the wholesale man under also (hear, hear).
Hon. Mr. Tait — The only conditions I would like to impose is that they should sell good liquor (laughter).
Hon. Dr. Bird did not see the necessity of further binding the wholesale dealer. All the early clauses of the law, in some of which the fines set forth were very heavy, included wholesale as well as retail dealers.
Hon. Mr. Hay moved in amendment that the following clause be added to the paragraph:—
“And that all selling be confined to the premises for which this license is granted.”
Hon. Dr. Bird and Hon. Mr. Tait opposed Hon. Mr. Hay’s amendment on the ground that it would sanction a gross injustice. The nature of the wholesale business was such that many buildings and stores in different sections were often required for it.
Hon. Mr. Hay contended that the wholesale man should in this respect be placed on no better footing than the retailer. If they did not add his proviso, wholesale men would be enabled to peddle liquors all over the country.
Hon. Mr. O’Donoghue seconded the amendment which was carried on a division — Yeas 14; nays 2.
In accordance with the suggestion of the Chairman the Committee agreed to amend sub-section 2, Article V, by inserting therein the words “Good Friday and Christmas Day.”
Hon. Dr. Bird moved to add the following clause in reference to manufacturing of spirituous liquors or beer —
“That on payment of the sum of Fifteen Pounds sterling, it shall be lawful for the
District Magistrates in their several districts assembled during the session of any District Court, to guarantee a license to any person to manufacture and sell by wholesale spirits, wine, or beer.”
Hon. Mr. Hay, seconded by Hon. Mr. Garrioch, moved in amendment that the words “Fifteen Pounds sterling” be struck out of the motion and the words “Ten Pounds sterling” be inserted instead thereof.
Hon. Dr. Bird contended that as the manufacturer clearly had the advantage of the importer he ought to contribute Five Pounds per annum [illegible: then?] towards the revenue. The manufacturer besides being exempt from import duty, was able to distil his liquor for, say, Six Shillings per gallon; whereas, the importer’s liquor cost him Ten Shillings to Twelve Shillings per gallon.
Hon. Mr. Hay differed with the hon. member, and if any change were to be made he would either place the importer and manufacturer on equal terms or else discriminate in favor of the latter.
Amendment carried on a division:— Yeas 9; nays 8.
Committee rose and reported the adoption of the resolutions which had been before them.
House took a recess of half an hour.
The President having resumed the chair, business having been resumed,
On motion of Hon. Mr. Bannatyne, seconded by Hon. Mr. Poitras, the President was requested to name a member to preside, in order to allow him (the President) more liberty to attend to other matters of public importance.
The President having thanked the House for acting on this suggestion, which he had previously thrown out, called the Hon. Mr. Bunn to the chair and retired.
The House then resumed the consideration of the Law Committee Report.
Article VI, under the head “Customs Duties,” with the articles up to and including the thirteenth, was taken up and adopted.
Article XIV being put,
“That a duty of two shillings per gallon should be imposed on all wines and Spirituous Liquors imported into the country,”
Hon. Mr. Bannatyne, seconded by Hon. Mr. T. Sinclair, moved in amendment
that the words “two shillings” in the article be struck out, and “one shilling” inserted, and that the article, so amended, be adopted.
Hon. Mr. Touron, seconded by Hon. Mr. Dauphinais, moved in amendment that the original article be adopted — Amendment carried on a division — Yeas 10; nays 8.
Article I, under the head “Constables” was amended on motion of Hon. Mr. Bannatyne, seconded by Hon. Mr. Olone, as follows:— In the first line, the words “not exceeding fourteen,” were struck out, and the words “not less than sixteen” inserted. In sub-section 2, the figure 2 was changed to 3 and in sub-section 5 the figure 2 was also changed to 3. This gave a total police force of not less than sixteen, distributed as follows: Manitobah 1, the Portage 2, White Horse Plains 3, Fort Garry 7 (2 of whom are for special duty in town), and St. Andrew’s 3.
The original motion placed the total number at not more than fourteen, with two for St. Andrew’s, and two for White Horse Plains.
On motion of Hon. Mr. Sinclair, seconded by Hon. Mr. Hay, the constables for St. Andrew’s were increased to three; and on motion of Hon. Mr. Poitras, the White Horse Plain constables were increased to three.
Article carried as amended, and the two following articles were carried.
The Chairman moved that Article I under the head “Intestate Estates” be amended by substituting for the word “intermeddle” the words “dispose of, or distribute.”
Not being seconded, the amendment dropped and the article carried.
Articles II and III were also carried.
Article I under the head “Postal,” carried.
Hon. Mr. Sinclair moved that after the word “Pembina,” in the second Article, the words “twice a week” be inserted.
Hon. Dr. Bird, seconded by Hon. Mr. Hay, moved in amendment that the Article be adopted as it stood — Carried.
Article III carried.
Article IV was also carried, with the addition of the word “Winnipeg” after the words “General Post Office.”
Article V carried.
Hon. Mr. Bannatyne, seconded by Hon. Mr. Olone, moved that the House adjourn till tomorrow afternoon at one o’clock.
Hon. members were moving off at once, when,
Hon. Mr. De Lorme, seconded by Hon. Mr. Hay, moved in amendment that the House adjourn till ten o’clock tomorrow forenoon.
The Chairman ruled that the motion had not been properly seconded, seven or Eight members were on their feet at the same time — and amid the confusion he did not hear it seconded.
The amendment was then moved as an original motion.
Hon. Mr. Tait, seconded by Hon. Mr. Olone, moved in amendment that the House adjourn till one o’clock tomorrow afternoon.
The Chairman ruled that an amendment to a motion for adjournment was out of order, and adjourned the House till ten o’clock next morning.
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