New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-01-20
LEGISLATION FOR CANADA.
MEASURES TO BE BROUGHT BEFORE
PARLIAMENT OF INTEREST
TO AMERICANS.
A NEW BANKRUPTCY LAW URGED-coNTRoL OF
THE RAILROADS.&C. CANADIAN

THE RAILROADS.&C. CANADIAN
PACIFIC FIGHT
OTTAWA Ian. ~ (speciaD.-Inciuded in the pro-
xramme Of legislation 10 be brought oefore INC
Canadian Parliament at its next session may DC
one or two measures which are not devoio Oh III
ferest in the bearing which they snoo'u nav ''O'
American business interests
The largest Canadian mercantile hrms' ooa'os "a
,rads and trade institutions. both at home ana IN
countries having dealings with Canada are uii'
IN messing for the speedy introducuon anu auop
ton OF legislation calculated better to secure tie
EQUITABLE distribution OF the estates OF Oan""""
insolvents and many OF the Governments strong
90, sunnorters have been using their influence 10
secure the massage Of legislation at once 10 rectfy
abuses which cannot fall TO inJure the ha''"''
credit at home and abroad. All TOO easy mas II
hes, for dishonest debtors In this country 10 I'M
nose upon legitimate business firms ana parucu-
larry upon those in other countries. who tnrousn
IGNORANCE as 10 the system in vogue here nave
suffered almost invariably the loss OF every ooa'
involved
True in some OF the provinces which 60 10 make
up the Canadian Confederation the case Is no'
Just as bad as this. Each province mas some az
tennt at a law 10 govern insolvents. but IN no
single instance is the statute fair and complete III
every particular. and In more than one part "o
law openly sanctions n condition or Things VIM"
is disgraceful 10 a civilized state IN TINS age Vi
IN. worlds history. In Ontario abuses nave no'
,,r.on.ntlv occurred through which practically
all the available assets of welknown insoVehls
have gone to some favored creditor whose no'u
on the insovent has been such as TO gain lor nam
a transfer OF book debts And the law mas uPneiu
this procedure whether the transfer IN quesuo"
had lain in the hands OF the fortunate possessor
evan for years being given as preference whony
unwarranted by justice or equity In Nova oco''a
insolvent traders have been accustomed 10 Il"
struot their assignees TO pay first the Claims %
certain preferred creditors, whose accounts piVD-
instances such as these that the foreign deaier Is
nassed over every time. leading to the great us
credit OF Canada and Canadian laws ana me'hous'
The subject is eminenty one for Federai reeuia-
t,on affecting Il does the country as ""Vo'
r,rovnc,aI enactments are indeed necessarily IN
complete and Ineffective from the nature OF 'nisS'
sinoe under the Constitution bankruptcy ana IN
.o,vsnev are described as coming within the feo-
ersi jurisdiction and all that the provinces nave
ATTEMPTED TO do has been TO provide Tor the uis-
tribution of the insolvents without any
procedure by which he may gain discharge
THE FARMERS INFLUENCE.
The question obviously arises as to what mas OPP
Grated to prevent so long the passage OIL u.'i,0.
law governing the distribution Of insolvents es-
,a,es ana the machinery for some sort OF dis
charge 10 the honest debtor which shall De OPP
sretiye throughout all Canada. The answer Is
that so strong has been the opposition OF the farm
ing classes to the enactment of legislation Which
moi
traders that successive attempts to ioree oiS
through Parliament have resulted In inVariaDe
failure As a rule. the bills were put forward oy
nrivate members. but even when the case was
otherwise and the subject has engaged Govern
rnent attention the result was the same al INC
last session a bill was put forward by private
rnember which was complete in every particular
ana hacked by every board OF trade In Canaua,
s,xtv-nine In number; yet the Government could
not see its way clear to adopt the measure i" INC
face OF the feeling among the representatives Va
tsrr,ng localities on both sides Of the House. Ihe
feeling In its favor is. however, such as 10 Wa"
the hope that perhaps at the Approaching Session'
~ there be time an insolvency law shall be among
those receiving the legislative SANCTION
There was a time in ontario when IL was open "
any one becoming lnsovent to avail mmsel oi inc
bankruptcy law but the result was endless ABUSE
"a ,y,,er COMMUNICATION swept It out OF exist
.ncs Judging that farmers and professional men
cannot be said take the risk whlch Is lhciueIt "
ordinary trade. The creation too OF an oiiioia'
assignee under former system was the u"e0'
cause OF frequent fraud. so that in any measure
mat may now be added TO the Canadian statute
hooks there Is pi obabity that the county sherifs
may be designated the people to whom the re-
ceivIng orders shall be addressed ana IN whose
hands tho estates shall rest until such time do
liouidator has been chosen by the creditors
To get over the objection Of the farmers pro
vision Is suggested that the discharge shall not De-
come operative TIL full return is made OF all money
o.,ns non.traders and persons secondarily liable,
such as indorsers upon negotiable instruments
CONTROL OF THE RAILROADS.
An issue which has forced itself upon the atten-
zion OF Canadian public meh more particularly
WITHIN the last few years. has been the necessity
for more full and complete control over the ueai-
,nss of our larger railway corporations. Too late
the discovery has come OF Parlaments failure TO
provide remedies now in part beyond even tins
legislative power TO apply Unjust discrimination
unfair secret drawbacks. exoroitant taxes ieVieo
upon Arms and localities-these have been the I'M
.rnected returns for the legislative bounty. the
large euNventions drawn from the public treasury
which were the invariable reward for railway en-
terprise and venture. Even the Dement'S wnlch
were counted upon from competition have failed to
rnaterialize Competition has brought no relief
The solution OF the problem is difficult In the ex-
treme OF accomplishment and yet there happily
does lie what is at least the prospect OF rehet IN
the appointment OF a separate tribunal cIothed
with fullest authority under the law to hear com
plants against railway corporations and 10 pro-
vide the remedy with due guarantee OF enforce
ment.
In Canada to-day there is no body conforming
strictly to the idea of a railway commission The
sole authority lies with what Is known as the Rail-
uay Committee Of the Privy Council, really COM
mittee OF the Cabinet, out with neither the proper
vnovIedee Of railway legislation the time for
,ts study and execution. With but limited author
-ttv and surrounded by hampering conditions. this
A. not at all the body winch Is caHed lot 70 uis-
charge functions whose Importance and extent
widen with each successive year As Viewed by
Canadian public men. the Railway Commission In
operation in other countries has proved by no
means the success which was anticipated. and yet
IN some States Of the American Union II has tend
cd 10 bring within the compass Of the smallest
dealer and trader substantial relief such as would
have been exceedingly rare of accomplishment I'M
der. other conditions. IL is promised that al us
earliest convenience the Government Will devote
time 10 the preparation and introduction OF egsla-
ton calculated to apply the most effective means
Of arbitrating between railway corporations and
en- general public Parliament is by means
unanimous in its acceptance OF the policy Of a
commission as constituting the ideal solution but