THE GENERAL ADVANTAGE OF CANADA. 13 



house by Senator David, containing four propositions which are 

 wortliy of attention and are as follows : 



" 1. The Senate will insist upon the application of Section 92 of 

 the British North America Act of 1867, in accordance with the spirit 

 and true intent of that section, to the end that the exclusive powers 

 of the Legislatures of the Provinces of Canada may be protected 

 and preserved 



"2. The Senate will not consider the mere insertion in a bill of 

 a declaration that the work is for the general advantage of Canada, 

 to be, in itself, sufficient foundation for the exercise of the legisla- 

 tive authority of the Parliament of Canada. 



" 3. The Senate will not pass any bill containing a declaration 

 that a local work or undertaking is for the general advantage of 

 Canada, or for the advantage of two or more of the provinces, until 

 the truth of that declaration has been proved. 



" 4. The Senate will not consider the presence in a bill of clauses 

 relating to subjects within the legislative authority of the Parliament 

 of Canada, to be in itself sufficient reason for the enactment of 

 other clauses relating to subjects not within that authority." 



The two leading speeches in support of these resolutions were 

 made by Senator David and the Honourable G. W. Ross, and are 

 instructive and illuminating contributions to the discussion of this 

 difficult subject. The inferences to be drawn from the debate are 

 chiefly three. The first is that, to the Senate, was given the right by 

 the Fathers of Confederation to protect Provincial Rights, as it was 

 repeatedly stated in the debates at that time that the removal of that 

 body from direct connection with the turmoil of party strife and its 

 opportunity for more deliberate action than the House of Commons 

 could afford ought to put the upper house in a position to give the 

 protection desired. In the second place, for a great many years, and 

 chiefly since 1883, that the use of the statutory declaration com- 

 plained of had been extended in directions never anticipated when 

 the British North America Act was passed. And, thirdly, that the 

 clear and express compact of Confederation, providing for the integ- 

 rity of provincial autonomy, was being more and more endangered 

 in successive Parliaments. Not a member raised his voice against 

 the resolutions and on a vote being taken in a house of forty-nine 

 there was only one dissentient — Senator Sullivan of Kingston. 



However, within a few days of its decision, the Senate passed the 

 bill incorporating the Port Arthur Power and Development Com- 

 pany. When the bill came down to the Commons, the interference 

 of other measures and the lateness of the session prevented its being 

 fully considered and it failed to become law. 



In the next session, 1907-1908, the power rights on the Pigeon 

 and Nipigon Rivers were again presented for Parliamentary consid- 



