Studies in the South and West, with Comments on Canada

by Charles Dudley Warner

The provinces appoint all officers for the administration of justice except judges, and are charged with the general administration of justice and the maintenance of civil and criminal courts; they control jails, prisons, and reformatories, but not the penitentiaries, to which convicts sentenced for over two years must be committed. They control also asylums and charitable institutions, all strictly municipal institutions, local works, the solemnization of marriage, property and civil rights, and shop, tavern, and other licenses. In regard to the latter, a conflict of jurisdiction arose on the passage in 1878 by the Canadian Parliament of a temperance Act. The result of judicial and Privy Council decisions on this was to sustain the right of the Dominion to legislate on temperance, but to give to the provincial legislatures the right to deal with the subject of licenses for the sale of liquors. In the Territories prohibition prevails under the federal statutes, modified by the right of the Lieutenant-governor to grant special permits. The effect of the general law has been most salutary in excluding liquor from the Indians.

But the most important subject left to the provinces is education, over which they have exclusive control. What this means we shall see when we come to consider the provinces of Quebec and Ontario as illustrations.

Broadly stated, Canada has representative government by ministers responsible to the people, a federal government charged with the general good of the whole, and provincial governments attending to local interests. It differs widely from the English Government in subjects remitted to the provincial legislatures and in the freedom of the municipalities, so that Canada has self-government comparable to that in the United States. Two striking limitations are that the provinces cannot keep a militia force, and that the provinces have no power of final legislation, every Act being subject to Dominion revision and veto.

The two parties are arranged on general lines that we might expect from the organization of the central and the local governments. The Conservative, which calls itself Liberal-Conservative, inclines to the consolidation and increase of federal power; the Liberal (styled the “Grits”) is what we would call a State-rights party. Curiously enough, while the Ottawa Government is Conservative, and the ministry of Sir John A. Macdonald is sustained by a handsome majority, all the provincial governments are at present Liberal. The Conservatives say that this is because the opinion of the country sustains the general Conservative policy for the development of the Dominion, so that the same constituency will elect a Conservative member to the Dominion House and a Liberal member to the provincial House. The Liberals say that this result in some cases is brought about by the manner in which the central Government has arranged the voting districts for the central Parliament, which do not coincide with the provincial districts. There is no doubt some truth in this, but I believe that at present the sentiment of nationality is what sustains the Conservative majority in the Ottawa Government.

The general policy of the Conservative Government may fairly be described as one for the rapid development of the country. This leads it to desire more federal power, and there are some leading spirits who, although content with the present Constitution, would not oppose a legislative union of all the provinces. The policy of “development” led the party to adopt the present moderate protective tariff. It led it to the building of railways, to the granting of subsidies, in money and in land, to railways, to the subsidizing of steamship lines, to the active stimulation of immigration by offering extraordinary inducements to settlers. Having a vast domain, sparsely settled, but capable of sustaining a population not less dense than that in the northern parts of Europe, the ambition of the Conservative statesmen has been to open up the resources of the country and to plant a powerful nation. The Liberal criticism of this programme I shall speak of later. At present it is sufficient to say that the tariff did stimulate and build up manufactories in cotton, leather, iron, including implements of agriculture, to the extent that they were more than able to supply the Canadian market. As an item, after the abrogation of the reciprocity treaty, the factories of Ontario were able successfully to compete with the United States in the supply of agricultural implements to the great North-west, and in fact to take the market. I think it cannot be denied that the protective tariff did not only build up home industries, but did give an extraordinary stimulus to the general business of the Dominion.

Under this policy of development and subsidies the Dominion has been accumulating a debt, which now reaches something over $200,000,000. Before estimating the comparative size of this debt, the statistician wants to see whether this debt and the provincial debts together equal, per capita, the federal and State debts together of the United States. It is estimated by one authority that the public lands of the Dominion could pay the debt, and it is noted that it has mainly been made for railways, canals, and other permanent improvements, and not in offensive or defensive wars. The statistical record of 1887 estimates that the provincial debts added to the public debt give a per capita of $48.88. The same year the united debts of States and general government in the United States gave a per capita of $32, but, the municipal and county debts added, the per capita would be $55. If the unreported municipal debts in Canada were added, I suppose the per capita would somewhat exceed that in the United States.

Before glancing at the development and condition of Canada in confederation we will complete the official outline by a reference to the civil service and to the militia. The British Government has withdrawn all the imperial troops from Canada except a small garrison at Halifax, and a naval establishment there and at Victoria. The Queen is commander-in-chief of all the military and naval forces in Canada, but the control of the same is in the Dominion Parliament. The general of the military force is a British officer. There are permanent corps and schools of instruction in various places, amounting in all to about 950 men, exclusive of officers, and the number is limited to 1000. There is a royal military school at Kingston, with about 80 cadets. The active militia, December 31, 1887, in all the provinces, the whole being under Dominion control, amounted to 38,152. The military expenditure that year was $1,281,255. The diminishing military pensions of that year amounted to $35,100. The reserve militia includes all the male inhabitants of the age of eighteen and under sixty. In 1887 the total active cavalry was under 2000.

The members of the civil service are nearly all Canadians. In the Federal Government and in the provinces there is an organized system; the federal system has been constantly amended, and is not yet free of recognized defects. The main points of excellence, more or less perfectly attained, may be stated to be a decent entrance examination for all, a special, strict, and particular examination for some who are to undertake technical duties, and a secure tenure of office. The federal Act of 1886, which has since been amended in details, was not arrived at without many experiments and the accumulation of testimonies and diverse reports; and it did not follow exactly the majority report of 1881, but leaned too much, in the judgment of many, to the English system, the working of which has not been satisfactory. The main features of the Act, omitting details, are these: The service has two divisions—first, deputy heads of departments and employés in the Ottawa departments; second, others than those employed in Ottawa departments, including customs officials, inland revenue officials, post-office inspectors, railway mail clerks, city postmasters, their assistants, clerks, and carriers, and inspector of penitentiaries. A board of three examiners is appointed by the Governor in council. All appointments shall be “during pleasure,” and no persons shall be appointed or promoted to any place below that of deputy head unless he has passed the requisite examination and served the probationary term of six months; he must not be over thirty-five years old for appointment in Ottawa departments (this limit is not fixed for the “outside” appointments), nor under fifteen in a lower grade than third-class clerk, nor under eighteen in other cases. Appointees must be sound in health and of good character. Women are not appointed. A deputy head may be removed “on pleasure,” but the reasons for the removal must be laid before both Houses of Parliament. Appointments may be made without reference to age on the report of the deputy head, on account of technical or professional qualifications or the public interest. City postmasters, and such officers as inspectors and collectors, may be appointed without examination or reference to the rules for promotion. Examinations are dispensed with in other special cases. Removals may be made by the Governor in council. Reports of all examinations and of the entire civil service list must be laid before Parliament each session. Amendments have been made to the law in the direction of relieving from examination on their promotion men who have been long in the service, and an amendment of last session omitted some examinations altogether.

It must be stated also that the service is not free from favoritism, and that influence is used, if not always necessary, to get in and to get on in it. The law has been gone around by means of the plea of “special qualifications,” and this evasion has sometimes been considered a political necessity on account of service to a minister or to the party generally. I suppose that the party in power favors its own adherents. The competitive system of England has a mischievous effect in the encouragement of the examinations to direct studies towards a service which nine in ten of the applicants will never reach. This evil, of numbers qualified but not appointed, has grown so great in Canada that it has lately been ordered that there shall be only one examination in each year.

The federal pension system cannot be considered settled. A man may be superannuated at any time, but by custom, not law, he retires at the full age of sixty. While in service he pays a superannuation allowance of two and a half per cent, on his salary for thirty-five years; after that, no more. If he is superannuated after ten years’ service, say, he gets one-fiftieth of his salary for each year. If he is not in fault in any way, Government may add ten years more to his service, so as to give him a larger allowance. If a man serves the full term of thirty-five years he gets thirty-five fiftieths of his salary in pension. This pension system, recognized as essential to a good civil service, has this weakness: A man pays two and a half per cent, of his salary for twenty years. If the salary is $3000, his payments would have amounted to $1200, with interest, in that time. If he then dies, his widow gets only two months’ salary as a solatium; all the rest is lost to her, and goes to the superannuation fund of the treasury. Or, a man is superannuated after thirty-five years; he has paid perhaps $2100, with interest; he draws, say, one year’s superannuative allowance, and then dies. His family get nothing at all, not even the two months’ salary they would have had if he had died in service. This is illogical and unjust. If the two and a half per cent, had been put into a life policy, the insurance being undertaken by the Government, a decent sum would have been realized at death.