• PROCEEDINGS • OF. THE · HOUSE OF ASSEMBLY DURING THE FIRST (DEADLOCK) SESSION OF THE TWfNTY-flRST GfNfRAL ASSfMBLY OF NEWFOUNDLAND 1909 EV1'NING HERALD, LIMIT2D Prescott Street, St. John'•, Newfoundland. 1913

PROCEEDINGS OF THE HOUSE OF ASSEMBLY OF NEWFOUNDLAND sc·ss10N 1909. TUESDAY, March 30th, 1909. H·is Excellen ·cy SIR WII...LIAl\I MacGREGOR, Knight Grand Cross of ·the Most Distinguished Order of Saint Michael ·and ·Saint George, Companion of the Most Honourable Order of the B·ath, Doctor of Medi .. cine, Governor and Commander-in ..

C 1 hief in and over the Island of Newfoundland and its Dependen­ ci-e:a, :by his !Proclamation bearing date the Fifteenth Day of Septem ·ber last, ·hav'ing dissolved the late Gen­ eral Assembly, and by ·his Proclama­ tion bearing ·date the Fifteenth Day of Sep1tember last called a new one, and by 1his Proclamation bearing date the Sixteenth Day of Ma;rch in­ stant, having ap·pointed Tuesday, the Thirtieth Day of Mar-ch instant, for the meeting of the said General Assembly for the d:espatch of •buai .. ness, the following are ·the names of the members i~eturned by the return­ ing officers of the sev.eral elee.toral d·istricts to .represent the said dis­ tricts in the General Assembly:- List of 11{ embers returned to serve in the House of Assembly, 1908 :~ Hon.

Sir Edward P. Morris, John R. Bennett and Michael E. Kennedy, Esquires St. John's, Western Division; James M. Kent, George Shea. and John Dwyer, Esquires St. John'a, Eastern Divisicn; William Woodford and John J. Murphy, Esquires Harbor Main: William R. Warren, Esquire­ Port-de-Gra ve; Archibald W. Piccott, Edward Parsons and Eli Dawe, Esquires - Harbor Grace; Joseph G. Maddock, Esquire­ Carb ·onear ;· Hon. John Crosbie and Jesse White,vay, Esquire Bay de Verde; George W. Gushue, Arthur Miller, Esquires, and Hon. Robert Watson­ Trinity; Hon. Sydney Blandford, William C. Winsor, Esquire, and Hon.

Donald Morison Bonavista; Henry J. Earle, Esquire Fogo; Rt. Hon. Sir Robert Bond. J. Augustus Clift and George Roberts, Esquires Twillingate; William M. Clapp, Esquire-St. Barbe; Joseph F. Downe .y, Esquire St. George; Robert Moulton, Esquire Burgeo and LaPoile; Hoa. Charle3 :a. Emerson For­ tune; •

4 HOUSE OF ASSEMBLY PROCEEDINGS. Henry Gear and Edward H. Davey, Esquires Bu.rin; Edward M. Jackman, Michael S. Sullivan and James J. Davis, Esquires Placentia and St. Mary'R; Hon. Michael P. Cashin and Wil­ liam J .- Ellis, ·Esquire Ferryland. COMMIS 1SIO· N TO SWEAR IN MEl\1- BERS By virtue of a ' Commission under the Great Seal to the Honourabl 1 e• ,Sir E. d w,ard D. ;Shea, President of the Legislative Coun ·cil, the Honourable George ·skelto , n and the Honourable J am1es :s. Pitts, members of the said Coundil, which is as follows: - WM. MACGREGOR, Governor, [L.

S.] To all to whom ED T 1 V ARD, by tlie G1~ace of God, of tlie United Ki1ig­ do11· i of Great Brit ui1i a1id Irelaftd, an:-l -of tlie Brit isli Do11iinions be 'J'01id the Seas, King, Def ender of TA F . l E trf;e aitlt. 11t- peror of /11d·ia. these · p'resen ts sh all come, Greeting: . Know ye that we .have ap,pointed Honourable Sir Edward D. s .hea, President of the Leg'isla;tiv 1 e ·Council of Olir Island of Newfoun ·dland, the Honourable George Skelton ·and the Honou .rable James S.

Pitts, members of our Legislative Council, to -be Commi:ssioners, they . or ei:ther of them to ad.minister the Oath of Al­ legiance to the undermentioned per­ sonB, el· e1cte, d to serve in :the House of Asse · m bly for the several Dis­ tricts and Divisions . of Districts set o·r)posite their names, respectively, a.nd appointed ·by P.roclamation by our ·Governor of our Island of 'New­ foundlan·d, to be holden in St. John's on the Thirtieth Day of this instant month:- • Hon. Sir Edward P. Morris, John R. Be11nett and Michael E. Kennedy, Esquires St. .John's, Western Division; James M.

Kent, Ge·orge Shea and John Dwyer, Esquires St. John's, Eastern Division; J. William Woodfor · d and John l\iurphy, Esquire . s Harbor Main; William R. Warren, Esquire- P·ort-de-Grave · . , Archibald W. Pa.rsons and Eli IIarbor Grace; Piccott, Edward Dawe, Esquires- Joseph G. Ma·ddock, Esquire- Carb 1onear; I-Ion. John Crosbie and Jesse Whiteway, Esquire Bay de Verde; George W. Gusht1e, Arthur Miller, Esquires, and Hon. Robe ·rt Watson­ Trinity; Hon. Sydney Blandford, William C. vVinsor, Esquire, and Hon. Donald 1\11 orison Bona vista; · Henry J. Earle, Esquire Fogo; Rt. Hon. Sir Robert Bond, J.

A11gustus Clift and George Roberts, Esquire ' s Twillinga .te; William M. Clapp, Esquire-St. Barbe; Jos·eph F. Downey, Esqui·re St. George; · Robert Moulton, Esquire Burgeo and LaPoile; Hon. Charles H. Emerson For­ tune; Henry Gear and Edward H. Davey, Esquires Bu.rin; Edward M. Jackman, 1\tiichael S. · Sullivan and James J. Davis, · F"sq u ires--Placen tia and St. Mary's; Hon. Michael P. Cashin and Wil­ liam J. Ellis, Esquire Ferryland. •

F,rOUSE OF ASSEl\iBLY PROCEEDINGS. 5 Giving to them or either of them full power and authority to 'perform the matters ,herein ,before mentioned, ratifying and .confirming all what .. soever they or either of them shall do and perform in this .behalf, and Esq uires--St. 'J ,ohn's, Western Division; James M. Kent, George Shea and John Dwyer, Esquires St. John's, Eastern Division; William Woodfor · d and John J. thereof they or either of them are to Murphy, Esquires Harbo 'r Main; make due return under their hands William R.

Warren, Esquire- and seals unto our Governor of our said Island with these presents an­ nexed. Given under the Great Seal of our afor 1esaid Island of Newfoundland. Witness our trusty and well .. beloved SIR WILLIAM MacGREG- OR, Kni-ght Grand Most Distinguished Cross of the Or·der of Saint lviichael an- d Saint George, Com­ panion of the Mos· t Honourable Or­ d-er of the Bath, Doctor of Medicine, Governor and Commander-in-C .hief in and over Our said Island of New­ foundland an· d its Dependen·cies, at · St.

John's, in Our said Islan ·d, this Twenty-Fifth day of 1\tiarch, A.D. 1909, and in the Ninth year of Our Reign. By Hiq Excellency's 'Command, R. WATSON, P 1 ort- -de-Grave; Archibald W. Piccott, Edward Parsons and Eli Dawe, Esquires­ Harbor Grace; Joseph G. Ma·ddock, Esquire : ­ Carb 'onear; Hon. John Crosbie and Jesse Whiteway, Esquire Bay de Verde; George W. Gushue, Arthur Miller, Esquires, and Hon. Robe ·rt Watson­ Trinity; Hon. Sydney Blandford, William C. Winsor, Esquire, and Hon. Donald J\forison Bonavista; Henry J. Earle, Esquire Fogo; Rt. Hon.

Sir · Robert Bond, J. 11-ugustus Clift and George Roberts, Esqui .res Twillingate; William ~'.I. Clapp, Esquire-St. Barbe; Joseph F. Downey, Esquire St. A1cting Colonial Secretary. George; ME1\'1BERS AR.

E SWORN IN His Excellency's Commissioners came betw~en the hours of 11.30 and 12. 3 0 of the ,clock on the said Thirteenth Day of March in the Coun .cil 1Chamber, P'atri.ck T. _Mc­ Grath, Esquire, ·Clerk of the House of Assembly, as in duty bound, at­ tending, and the names of the mem­ ,bers returned for the several Dis­ tricts having ·be·en called over by the Clerk, they appeared and took and subs 1 cr'ibed the Oath of Allegiance in the pres ·ence of the said Commis­ sioners, as follows: I-Ion. Sir Edward P. Morris, John R. Bennett and Michael E. Kennedy, Robert Moulton, Esquire Burgeo and LaPoile; Hon.

Charles H. Emerson F·or­ tune; Henry Gear and Edward H. Davey, Esquires Burin; Edward M. Jackman, Michael S. Sullivan and James J. Davis, Tu.squires Placentia and St. Mary's; Hon. Michael P. Cashin and Wil­ lian1 J. Ellis, Esquire Ferryland. And the said m·em·belrs w·ho had taken the oath, took their seats ac­ cordingly. OPENING OF THE SESSION At three of the 1clock, the Gentle­ man Usher of the 1Black Rod appear­ ed at the :Bar and· said:- I •

• HOUSE OE ASSEMBLV PROCEEDINGS. ''Gent emen f the House of As .. sembly: "His Excellency the Governor re­ quests your immediate attention J.n the Coun ·cil Chamber.J• Accordingly, the ·members of the Assembly p1roceeded · to the Council Cha·mber, where His Excellency the Governor addressed them as fol­ lows. ''Mr.

President and Honourable Gentlemen of the Legislative Coun­ cil: ''Gentlen1en of the Honourable House ot Assembly: ''I have deemed it expedient that the first session of the Twenty-first General Assembly should 1be opened for tlle despatch of business on this day, of whi·ch I have given notice i11 niy Proclamation, dated the Six­ teenth Day of the present month. ''Gentlemen of the Honourable f!ou~e of Assembly: ''It is not convenient that I shoul(l declare the re·ason of the calling of this General Assembly together to­ day, and it being ·necessary that a S·peaker of the House of As3embly shouJ , q be first · chosen from amongst JT·our body; the ref ore it is my pleast1re that you Gentlemen of the Ho11se of Assembly do now repair to the ·place w.here you are to sit, and there proceed to the ·Choice of some proper person to be your Speaker, and present such person, whom yo11 shall choose, here to-morrow at three of t11e clo·ck in the afternoon, for my approval." And the members having return­ ed to the Assembly Room, tbe Ho1nourable the Premier, addressing hin1self to the Clerk, who, standing 11p, pointed to him, and then sat down, moved ''that vVilliam R . . \\!arren, Esquire, for the District Mem1ber elected of Port-de~Gra ve .. do take the Chair of this House as Speaker," which motion was second­ ed by the Honourable the Acting Minister of Justice.

The Right Hon·ourable Leader of the Opposition then proposed ''that William J. Ellis, Esquire, one of the I\lembers eletced for the District of Ferryland, to take the Chair of this House, as Spealrer,'' which motion was seconded by James 1\:1. Kent, Es­ quire, one of the l\'lembers elected for the District of St. John's East. Mr. Warren now submitted him­ self to the House as being prepared to accept election at their hands, but stated that if Mr. Ellis was willing to assume the position he would \Vithdraw in his favor, which he occordi11gly did. Mr. Ellis immediately afterwards withdrew also.

The Honourable the Premier then urged l\1r. Warren to reconsider his withdraw! a11d accept a second nom­ ination, to which Mr. Warren agreed a ,n d it was once more .proposed by tb,e Honourable tl1e Premier, and second­ ed by the I-Ionourable the Acting Minister of Justice ''tha.t William R. Warren, Esqui.~e, Member elected for the District of Port -de-Grave, d· o take the Chair of this House as Speaker.'' ¥/hereupon the Right Honourable the Leader of the Opposition propos­ ed, seconded by James M. Kent, Es­ quire, one of the Members elected for St. John's East, ''that William J.

Ellis, Esquire, ·one of the members elected for the District of Ferry land do take the Chair of this House as Speaker.'' The Clerlr now put the first motion in accordance with Rule 7, • viz:- ''Tl1at William R. Warren, Esquire, • Member elected for the District of Port de Grave do take the Chair of this House as Speaker,'' and on the

HOUSE OF ASSE1\1BLY PROCEEDir""GS. 7 division there appeared: For tl1e Motion:- Honourables the Premier, the ... t\.ct­ ing Minister of Justice, the ... i:\.cti11g Colonial Secretary, the Acting l\Iin­ ister ·of Finance and Customs, the Acting Minister of Agricultt1re and Mines; Messrs. Emerson. and Cros­ bit; Acting lVIinister of Public Works, Acting Minister of Marine and Fisheries and Messrs. Bennett, Downey, Ke11nedy, Moulton, Murpl1y, Parsons, Whiteway and Winsor- 17; Mr. Warren intimating that he did not vote for himself; and Against the l\iotion :- Right Honourable Si.r Robert Bond and Messrs.

Clapp, Clift, Davey Davis, Dawe, Dwyer, Earle, ·Gear, Gushue, Jackman, Kent, dock, Miller, Roberts, Shea Sullivan 18. Ellis, ·Mad- and So the Clerk declared this motion negatived. The Clerk, now, according to Rule 8, put the second motion, viz: ''That William J. Ellis, Esquire, one of the Members elected for the Dis­ trict of Ferryland do take the Chair of this House as Speaker,'' where­ upon, there appeared: For the Motion:- Honourables the Premier, the Acting Minister of Justice, the Act­ ing Colonial Secretary, the Acting Minister of Finance. the Acting Minister of Agriculture and Mines, Messrs.

Emerson and Crosbie, Act­ ing Minister of Public Works, Acting Minister of Marine and Fisheries, and Messrs. Bennett, Downey, Ken­ nedy, Moulton, Murphy, Parsons, Warren, Whiteway, and Winsor- 18; and Again st the l\tlotion :- Right Ho11oural)le Sir Robert Bond, and J\'.fessrs. Clapp, Clift, Ellis, Gear, Gushue, Jackman, Keitt, Maddock, l\iiller, Roberts, Shea, ai1cl Davey, Davis, Dawe, Dwyer, Earle, Maddock, l\1:iller Roberts, Shea, a11d Sullivan 18. So tl1e Clerk declare · d this motion also negatived.

At half- past five of the clock, the Gentleman Usher of the Black Ro.l appeared at the Bar of the House and said:- ''Gentlemen of the Honourable House of Assembly: ''His Excellenc)'" the Governor requests your immediate attendanc9 in the Council ·Chamber.'' Accordingly the members of th9 Assembly pro·ceeded to the Council Chamber, where His Ex-cellency the Governor was pleased to address them as follows: ''Mr.

President and Honourable Gentlemen of the Legislative Cou-1- cil: ''Gentlemen of the Honourable House of Assembly: ''I signified to you gentlemen who are members of the Honoura~le House of Assembly my pleasure that you should ·proceed to the choice of some proper person to .be your Speaker; and ''Whereas I have been informed by my Prime .Minister that you have .been unable to agree on the choice of a Speaker, it is my will and plea­ sure that this 1General Assembly ·be prorogued U ·ntil Tuesday, the 1Sixth day of April, then and here to be holedn; an· d this General Assembly stands .prorogued accordingly.''

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PROCEEDINGS · OF THE LEGISLATIVE COUNCIL DURING THE · FIRST (DEADLOCK) SESSION OF THE . OF N~WfOUNDL\ND 1909. EvaNING HitRAitD, L1M1Titn Prescott Street, St. John's, Newfoundland. 1913

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PROCEEDINGS OF THE LEGISLATIVE COUNCIL OF NEWFOUNDLAND • • SF~SSION 1909. TUESDAY; March 30th, 1909. This 1being the day a1Jpoin ted by Proclamation for the meeting of the Legislature. At · a Quarter to Three p.m. the House met.

At three o'clock, p.m., His Excel­ lency the· Governor, 1Sir William MacGregor, G.C.M.G., C.B., M.D., having arrived at the iCouncil Chamber, and being seated on the Throne, commanded the Gentleman Usher of the Black Rod, through the Honourable the President of the Legislative Council, to let the Com­ mons House of Assembly know: ''It is His Excellency the Govern­ or's pleasure they attend .him im­ mediately in this House.'' W;ho being come thereto. His Excellency .was pleased to speak as follows: ''Mr.

President and Honourable Gentlemen of the Legislative Coun­ cil: ''Gentlemen of the Honourable House of Assembly: ''I ,have deemed it expedient that the ,first Sess1on of the Twenty-first General Assembly should ·be opened for the ·despatch of 1business on this day, of which I ·have given notice in my Proclamation, dated the six­ teenth day of the present month. ''Gentlem .en of the Honourable House of Assembly: 'It is not ·Convenient that I should declare the reasons of calling this General Assembly to-day, and it being n~cessary that a Speaker of the Hou~e of Assembly should be first ch<:)sen from ·amongst )1 our Body; t}\erefore, it is n1y pleasure that yoq, Gentlemen of the House of Assell) bly, do now repair to the place w~ere you are to sit, and there proceed to the choice of some proper ·person to be your Speaker, and IJre­ sent sucJi 1Jerson .whom yo11 sl1all so choose, here to-morrow at three o'clock ~f the afternoon for my approval '' .. ~ '~- - ' The I\ouse of Assembly withdrew~ His E~cellency was pleased to, re­ tire. 011 m'1tion .made the journed until Wednesday, past two o'clock, p.m. , House ad­ at half- TUEJSDAY, March 30th, 1909.

It ha~ ing been intimated to the Honoura.tle . President of the Coun­ cil that it is the intention of His • ' Excellen ~y the ·Governor, immediate­ ly to Pl' orogue the present :Session of the L~gislature, the House ·met at a q uarte:r to six, ,p.m.

At a ~uarter to six o'clock, p.m., His Exc ~ llency the Governor, Sir William MacGregor, G.C.M.G., C.B., M.D., :ha, '\Ting arrived at the Council 1Chambel', and ·being seated on the Throne, commanded the Gentleman Usher of the Black Rod, through the Honoura ple the President of the Legislati ~e Coun .cil, to let the Common ~ s; House of Assem ,bly kno.w: ''It is His Excellency the Govern- ./

12 LEGISLATIVE COUNCIL PROCEEDINGS. or's ·pleasure they attend him .im­ mediately in this .House.'' Who being come thereto. His Excellency was pleased to prorogue the .present Session of the Legislature in the following words: ''Mr.

President and ,Honourable Gentlemen of the Legislative Coun­ cil: 'Gentlemen of the Honourable House of Assembly: ''[ signified to you gentlemen who a e members of the Honourable • House of Assembly my pleasure tha you should proceed to the choice o some vroper ~erson to be you Speaker, and ''W.hereas I have been informe by my Prime Minister that you have not been able to agree on the choice of a Speaker, it is ·my will and plea­ sure that this General Assembly be prorogued until Tues·day, ·the 6th day of April, then and here to be holden, and this General Assembly stands prorogued accordingly.'' ,

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