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CIHM/ICMH
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Canadian Institute for Historical Microreproductions Institut Canadian de microreproductions historiques
1980
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899
INFORMATION RELATING TO
MUNICIPAL LEGISLATION OF THE LIQUOK TIIAFFIC ;
ALSO OF '■ - ^'
MUNICIPAL FKANCHISE FOli WOMEN.
Compiled by Mrs. Maria G. Craig, County President
Compton and Wolfe W.C.T.U.
Issued by the Quebec Provincial W.C.T.U., December, 1899,
What Is the best means of procuring Prohibition in our townships
and villages?
By electing councillors who will be favourable to passing a Pro-
hibitory By-law. Wording of By-law under Article 561 of the
Municipal Code: — '
^ Province ^ of quel?ec. ,...,.
.* '; :'By-ia?i< N«j. '-^■. -. ^% -• ' *
At a general sessidU' of the Municipal Cnuncli of the' Corporation
of (Township, Village, or Town, as the case ritay be) held at
on the day of the month of , 19 , at which were pre-
sent Messrs. (give names of councillors present) constituting a
quorum of the said council under the presidency of
Mayor (or of In the absence of the Mayor).
It is ordained by By-law as follows: —
That the sale of intoxicating liquors in quantities less than two
(2) gallons, Imperial measure, or one (1) dozen bottles of not less
than one (1) pint each. Imperial measure, at one and the same time,
and the granting of licenses therefor within the limits of this muni-
cipality (and on any ferry or ferries which are dependencies of this
municipality) is hereby prohibited.
NOTE. — The above clause In reference to ferries can be struck out
except for those municipalities which have ferries.
Such a By-law must be promulgated in the usual way, and comes
into force on the Ist day of May following the promulgation. It
must also be promulgated at least fifteen days before the let of
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May, and a copy of it sent to the (Collector of Provincial Revenue
of the District. When these formalities have been complied with,
the Collector cannot issue any licenses contrary to the said By-law
so long as it remains in force.
The penalty for selling or keeping for sale liquor in violation of
this By-law is fifty dollars ($50.00) or imprisonment for three
months. See Article 566, Municipal Code.
All obligations contracted under any form, or in any manner
whatsoever, or payments made in regard to any sale, in violation of
said By-law, is absolutely null and void, and cannot be enforced.
Article 567, Municipal Code.
2. By Municipal Plebiscite.
Any thirty or more qualified electors in any city, town, township,
parish or incorporated village, may present a petition to the Secre-
tary-treasurer of the Municipality asking that a Prohibitory By-law
be submitted to the vote of the Electors. The Requisition should
be in this form: —
" , ■' -. -
Form of Requisition.
The undersigned qualified municipal electors of hereby
require that a poll be taken in the terms of Section thirteen of
Chapter five of Title four of the Revised Statutes of the Province of
Quebec, to determine whether or not the municipal electors of the
said municipaUty ,w\l, ^d opt, ^ under the authority, and for the en-
forcement of (hej IftiJi sWtifiij, ^e BTy'-jaw fo'lowihg, which is hereby
proposed foV*the*ir •a^lfjtitftirto tvit:-^ • ' •'*.•'
The sale of intoxicating liquor, and the issuing of licenses there-
fore are by the present By-law prohibited within the
under the authority, and for the enforcement of Section thirteenth
of Chapter fifth of Title fourth of the Revised Statutes of Quebec.
Witness our hands at this day of in the
year of our Lord .
While thirty signatures to the above petition are all that Is neces-
sary, secure as many more as possible, and the person circulating
such petition should witness each signature himself as it is added
thereto, in order to be able to testify, when depositing the petition
with the Secretary, that the signatures are genuine. The taxes of
all signers should be paid before presenting the petition.
On receipt of this petition the Secretary is obliged to proceed
forthwith to present the submission of the proposed By-law to the
vote of the municipal electors. He must give notice in some news-
paper published in the municipality, or near it, for four consecutive
weeks, that on some day of the following or fifth week, the law
// ^70^
shall be voted upon. The voting Is open, each voter recording his
vote " yea " or " nay." The poll is open from 10 a.m. until 5 o'clock
in the afternoon of one day, if the qualified electors on the assess-
ment roll be not more than 400, and so on, an additional day for
each additional 400 names. When voting on the plebiscite one
would have to be qualified to vote at the municipal elections,
which include payment of taxes.
If more than half of all the votes polled be for the By-law, the
same shall be held to be approved or adopted. A By-law so adopted
remains in force until repealed in similar manner by vote of the
electors, and no such vote for repeal can be taken until after two
years from date of enactment. All such By-laws come into force
the first day of May following. The Collector of Provincial Revenue
of the District should be at once notified by the Secretary-treasurer
of the adoption of a Prohibitory By-law.
3. By filing a Protest against the granting of license to any in-
dividual hotel-keeper signed by a majority of the resident municipal
electors, as per Article 842 of Quebec License Law.
Form of Petition.
To the Municipal Council of the Corporation of .
We, the undersigned resident municipal electors of the Corporation
of the Township of , hereby oppose the confirmation of
the certificate of for a license, or of any
other certificate for the , same iilace. '., si„ ij'» ',* •'' " i
^Igned, . ' V -.>■■", a^ ^00 oo 0Q» 0 .;,---•>■:- .;i,-^.
In case of two or more applications for license, two or more
separate protests should be prepared and signed by the electors, one
against each individual applicant. The taxes of all signers must be
paid before presenting the petition.
4. The Municipal Council has the right to refuse to confirm any
certificate for license whether a Prohibitory By-law is in force or
not, as shown by the Georgeville Case.
In this case it has been decided by the Supreme Court of Ottawa —
1. That the municipality is not liable in damages for the acts of
the Municipal Council acting as " competent authorities " under
the License Law.
2. That so long as the Municipal Council acts in good faith and
without malice, the councillors themselves are not responsible in
damages for an error in judgment or law.
3. That where discretion is exercised in good faith and without
malice it is not subject to revision by the Courts.
2. When can a license be taken out?
/•'
A license can be taken out at any time during the year, but they
always expire on the first day of May following; therefore, if a per-
son takes out a license, say, In December or January it would only
be good until the 1st of May next.
3. What is the law regarding Sunday Selling, phI the hours for
selling liquor on week days?
Articles 922 and 922a of the Revised Statutes of the Province of
Quebec prohibit the sale of liquor on Sunday, In any hotel, inn,
or restaurant, they cannot sell between midnight and five o'clock in
the morning, and the whole of Sunday, except on a special demand
for medicinal purposes. In any liquor shop, whether \/holesale or
retail, the sale is prohibited between midnight until four o'clock in
the morning, and the whole of Sunday. If you wish to prosecute
any person for selling liquor during the prohibited hours or on Sun-
day, the proper course would be to report it to the Collector of Pro-
vincial Revenue, and it would be his duty to prosecute; or the
Municipality may prosecute. This is provided for by Article 1037,
R. S. Q.
4. What is a Grocery License?
The term " Grocery License ' is not found in the License Act.
This is called thsre " Shop License," and a person holding a Shop
License cannot sell less than one pint, Imperial measure, at one
and the same time. The procedure for getting a Shop License is the
same as getting, a, ^ptel or restaurant license, except their certifi-
cates are sigijed' J*r« thi'<!e je^ectors^'ifajstead'of .l\<f«nty-five. Such li-
• , ' ' • ' ''•',• i' • ' > , ' •
censes may alfeb' h6 ''o'lJfpoSed by majority oppoSi^tion.
5. What is a Bottler's License?
A bottler is a person who places in bottles or in casks the fer-
mented liquors known as beer, ale, porter and stout, and sells and
delivers them, either at his own premises or at those of the pur-
chaser, within the limits of any municipality for which he holds a
license, either in bottles containing not less than a pint Imperial
measure, each, in quantities not less than a dozen at a time; or, in
barrels, in quantities not less than two gallons. Imperial measure,
at a time. He is really a wholesale dealer, as you see he cannot sell
less at one time than a man under a wholesale license. Bottlers,
particularly in the country, generally sell by peddling. They buy
their liquors in 'large barrels or casks, and then put them up in
bottles or small casks, and sell them around in that way by vehicles.
In order to obtain a license he does not require any certificate
signed by anybody, but simply pays the required amount to the
Collector of Provincial Revenue. They are subject to the same re-
strictions as to Sunday selling and selling at other times that
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wholesalers are, and purchasers are not allowed to drink on their
premises.
6. Can they solicit orders or peddle beer in other towns?
No; their license only applies to the town in which it is taken out,
and for violation of the same the proceedings would be the same
as against any other person selling without a license,
7. What constitutes a Municipal Elector?
Article 291, Municipal Code: —
1. He must be of the male sex, have attained the age of ma-
jority, and be a British subject.
2. He must have been in possession, in the municipality in
which he seelts to exercise the right of an elector, either in his
own name, or in the name and for the benefit of his wife, as ap-
pears by the valuation roll in force, if there is one, or proprietor
of real estate of the actual value of at least fifty dollars, or as
resident, tenant, farmer, or lessee of the annual amount of at
least twenty dollars.
3. He must have paid all the municipal and school taxes due
by him at such period or at a previous period which any council
may fix by By-law, provided that such date be not fixed before the
fifteenth of December.
4. His name must be entered in the valuation roll, if there be
one in force in the municipality, either as proprietor, lessee or
occupant. Statutes of Quebec 55-56, Victoria, 1892.
Cap. XXXV. — An Act to extend the Franchise to widows and
spinsters in municipal and school matters. (Assented to 24th
June, 1892).
Her Majesty, . .nd with the advice and consent of the Legis-
lature of Quebec, enacts as follows: —
1. Spinsters and widows shall have a right to be entered upon
the list of electors in any city, town, village, or rural municipality,
and to vote at all municipal elections therein, and upon all ques-
tions submitted to such electors, when otherwise qualified as By-
law provided. They shall also have a right to vote for school
commissioners or 'rustees, and to vote on all school matters sub-
mitted to the electors, when otherwise qualified as By-law pro-
vided. :r''^:T'-- ■:..: '' '■}:■■,:■": ■'■}'.::."-
2. The ilaws respecting public instruction and town corpora-
tions, the municipal Code, and all charters of cities, towns, and
villages shall be so interpreted as to give effect to the preceding
section.
8. How can widows and spinsters avail themselves of the privi-
leges of the Municipal Franchise?
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By taking care that their names are entered on the vahiation
loUs which are made out yearly, as that is the basis of the electoral
list. These valuation rolls, when they have been made by the valu-
ators, have to be deposited in the office of the Council. (Article 726.
Municipal Code).
The Secretary-Treasurer then must give public notice thereof
(Article 732, Municipal Code.) Within thirty days of this notice the
local council must examine and amend the valuation roll. (Article
734, Municipal Code).
Every person who considers himself wronged by the valuation
roll may demand that the same may be amended in such manner
as to cause that justice be done to him, either by producing an ap-
plication in writing at the office of the local council, or before the
day fixed for the examination of of the roll by the council, or by
stating his complaint verbally before the council at such examina-
tion (Article 735, Municipal Code).
9. Can the unmarried daughters of a widow or widower vote?
Yes, if they have attained the age of majority (21. years) and hold
an interest in the estate held by their mother or father to the value
of fifty dollars, and it is so entered on the valuation roll. This is
frequently applicable when one of the parents die without a will.
10. Can you exercise the franchise in more than one town?
Yes; in every place where you have property qualifications and
your name appears on the voters' list.
11. Can a daughter whose parents are still alive have her name
placed on the voters' list?
Yes, if she holds some property In her own name and it Is so en-
tered on the valuatjjn roll.
12. Should all properly qualified women vote?
Yes; there is no better way in which to purify and elevate poli-
tics, whether municipal or national, than by women as well as men
sharing the responsibility of making and enforcing the law.
13. How can any foreign-born person become a British subject?
By getting out naturalization papers.
14. Is Women's Franchise favoured by other societies and leaders
of reform?
Yes; the Dominion Alliance sent a strong resolution to the
premiers of the provincial legislatures asking for the full franchise
for women, at its Convention held In Toronto* July, 1899. Like
resolutions have also been passed by various other societies, and the
sentiments expressed supported by many prominent reform leaders
and politicians.
15. What have been the results of Women's Franchise where
exercised?
A few months ago the Colorado Legislature passed the following
resolution by a vote of 45 to 3 in the House, and 30 to 1 in the
Senate: .
" Whereas equal suffrage has been in operation In Colorado for
"five years, during which time women have exercised the privilege
" as generally as men, with the result that better candidates have
" been selected for office, methods of election have been purified,
" the character of legislation improved, civic intelligence increased
" and womanhood developed to a greater usefulness by political re-
" sponsibilities; therefore be it
" Resolved, by the House of Representatives, the Senate con-
" curring, that in view of these results the enfranchisement of
" women in every State and territory is recommended as a measure
" tending to the advancement of a higher and better social order."
In Wyoming, where equal suffrage has prevailed for thirty
years, the list of governors and chief justices who testify to its
good results is even longer than in Colorado. In 1893 the Wyoming
House of Representatives by a unanimous vote passed the fol-
lowing:—
" That the exercise of suffrage by the women in Wyoming for the
" past quarter of a century, has wrought no harm and has done
"great good in many ways; that it has largely aided in banishing
" crime, pauperism, and vice from this State, and that without any
" violent or oppressive legislation, that it has secured peaceful and
" orderly elections, good government and a remarkable degree of
" civilization and public order, and we point with pride to the
" facts that after nearly twenty-five years of woman suffrage not
" one county in Wyoming has a, poor house, that our jails are
" almost empty, and crime,, except that committed by strangers in
"the State, almost unltnown; and as the results of experience, we
" urge every civilized community to enfranchise its women."
16. What is the stand taken by our opponents on the Prohibition
Question?
At the November monthly meeting of the Licensed Victuallers' As-
sociation, of Montreal, the following motion was unanimously
adopted: —
"That no member of the Association support any candidate in
" the Federal elections who was not pledged to oppose Prohibition
" legislation, no matter in what form it was presented."
We believe the time has come when all working for Prohibition
should take as strong a stand, and support no candidate at the polls
8
who will give an uncertain sound on the Prohibition Question. A
strong organization of all church and temperance societies under
some central head (such as the Dominion Alliance) in the various
counties and provinces, will greatly aid in bringing about this de-
sired end, and should have the sympathy and co-operation of all
temperance workers.
17. What is the great need of the hour in temperance reform?
Constant, persistent agitation. By public meetings, by the sys-
tematic distribution of literature, by training children in the prin-
ciples of total abstinence and Prohibition, in the home and in
juvenile societies, by the election of men to ofBce favourable to Pro-
hibition, whether as school commissioners, or councillors, or mem-
bers of Parliament, by establishing temperance hotels, by the united
effort of the church and temperance organizations for the imme-
diate extermination of a legalized liquor traffic.
This leaflet was read and endorsed before publication by Mrs.
Mary E. Sanderson, President Quebec Provincial W.C.T.U.; Mr. J.
H. Carson, Secretary Dominion Alliance; Mr. S. P. Leet, Advocate,-
Montreal, and others. t
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