El Paso herald. (El Paso, Tex.) 1901-1931, 1911-02-17
"HE Dominion of Canada, like the
United States, is a confederation
y of senni-indenendent govern

0 HE Dominion of Canada, ike the
United States, is a confederation
of semi-independent govern
ments The nine provinces of Canada,
like the 46 states of the union, are to-
gether subject to a federal govern
ment although retaining many powers
and rights under their separate and ex-
elusive control.
The union, or confederation, of the
provinces of British North America un-
der the name of the Dominion of Can
ada was accomplished in 1867. There was
great jealousy among the provinces
and the confederation was not brought
about except after strenuous opposl-
ton Indeed, the present premier, Sir
Wilfrfd Laurier, first entered active
notifies in his native province of Que
bee as an opponent to confederation
The union in 1887 included only the
Canadas," now the provinces of Onta-
rio, and\ Quebec, Nova Scotia and New
Brunswick Provision was made for the
coming in of Prince Edward Island,
British Columbia and Newfoundland,
and the admission of Prince Rupert'S
Land and the great northwest British
Columbia actually Joined the conIed-
GRAFTON in 1871, Prince Edward Island
in 1873, and Prince Rupert's Land was
purchased from the Hudson's Bay com
pany in 1870. Newfoundland never came
ony The provinces of Manitoba, Al
berta and Saskatchewan have been
erected out of the territory acquired
from the HudsOHs Bay company, but
two-thfrds of the whole area of the
Dominion still remains in the federal
territories of Mackenzie, UngaYa,
Franklin, Keewatin and Yukon
Canadian Confederation.
The confederation of the jealous col
I in,
pose of securing mutual benefits, but
the dispute then so lately brought 10
the tribunal of war IN the United
States were well considered The prov
inees of Canada sympathized with the
north in the civil war of 1879, but
/ they adopted many of the principles OF
that south when they united, reserVlng
to the provinces many privileges .thal
were disputed IN the American states
At the same time, the people OF the
provinces, had to deal with a superior
government, and the British parliament
so settled affairs that in fact the Ied-
eral government of Canada was given
all powers not specifically reserved
to- the provinces of the peOple-eXactly
the reverse Of the American constltu-
ton which reserves to the states and
the people all powers not expressly
delegated to the federal government
, II is not surprising. then, that the
Canadian federal system differs great
ly from the American, being the result
of the double intent Of two opposing
factors in its framing
Constitution Thrust Upon Them
The United States constitution, IN
theory and in fact, was ordained Dy
the people of the American states The
Canadian constitution does not bear
the name of constitution" but Is an
act of the British parliament, statute
entitled British North America act,
1867 30 Wet c. g." The people OF
| Canada never were given an Opportu-
nifty to register their approval or dis
approval of the act
some of the differences between the
United States and Canada in the d.
vision of local and federal powers are
now sharply accumulated by current
| events For instance Canadian prov
J inees NAV levy export taxes inde-
! nendentIy Of federal action; which
American states cannot take any sep
arate action with respect to duties ana
| imports, ard even the federal govern
ment of the United States Is without
mower to impose an export tax some
| Canadian provinces now put an export
| tax on pulp wood going to the United
/ States, and the pending reciprocity
agreement takes this fact into consid-
Grafton
Want Federal judiciary.
J Canadians are beginning TO complain
/ that 1t is impossible to enforce federal
! laws without the machinery or fee-
eraI judiciary, just at the time wheh
| Americans are beginning seriously TO
| consider the menace of the growing
power and influence of the federal
courts In Canada the only federal
Z court Is the supreme court of the Do
minion. This court sits at Ottawa ana
hears appeals from provincial courts
! in. cases involving federal laws FROM
/ the supreme court appeals may De
! taken to the judicial committee OF the
imperial priyy council OF Great bri1aiii,
1 but in the provinces the provincial
courts have Jurisdiction both over local.
and federal causes This makes 1t pos
sibIe for a provincial court practically
to nullify a federal statute, but COM
plants of such action are rare
These instances of weakness in the
federal system in Canada are rather
the exception than the rule. The 1act
! that AL powers not expressly reserved
are vested in the federal government
! gives the confederation the vast ad-
vantage over the provinces The Do
| minion parliament may, therefore, do
/ many things which are impossible &c
/ the congress of the United States II
/ may. for instance, do what 1T will WITH
| railroads. with corporations, with ID
Dor unions, with food and health regu-
lations, and all without any regard 10
the 'constitutionality' of the measure
without any possible question from the
supreme court. and without any yer
bal gymnastics designed to square the
| immediate measure with an interstate
commerce clause" adopted when the
coach and the canal boat were the
! highest expressions of commercial COM
munication.
Governments Power Great
Even greater than the broad consu-
tutional powers conferred upon the Do
minion government by the British
North America act are those nonlegal
but all-binding political usages borrow
4 ed from the mother country and which
are as effective in Ottawa as in Lon
don. The government" of Canada
meaning the ministers in office, Is II
possession of powers greater than car
/ possibly be found in any part or the
American system, for the Canadian
ministry is in itself the authoritative
! representative Of the executive. legis-
lative and judicial power-the three
things so absolutely and entirely sep
arated in the republican system pre-