|
Dow v Black 〔''Dow v Black'' (1875), L.R. 6 P.C. 272, (P.C.)〕 is a Canadian constitutional law court decision. It was one of the first major cases examining in detail the division of powers between the federal Parliament and the provincial Legislatures, set out in s. 91 and s. 92 of the ''Constitution Act, 1867'' 〔(''Constitution Act, 1867'' ), 30 & 31 Victoria, c. 3. (U.K.), R.S.C. 1985, App. II, No. 5.〕 (formerly known as the ''British North America Act, 1867''). The case was decided by the Judicial Committee of the Privy Council, at that time the court of last resort for Canada within the British Empire, on appeal from the Supreme Court of New Brunswick. The case considered the constitutionality of a provincial statute which authorised the inhabitants of the parish of St. Stephen, New Brunswick to issue a debenture as an inducement to a railway company to build a railway connecting an 8 mile section from Debec, New Brunswick to the town of Houlton, Maine, in the United States. The Supreme Court of New Brunswick held that the statute was unconstitutional, since it intruded on the exclusive federal jurisdiction over inter-jurisdictional railways. The Judicial Committee allowed an appeal from the Supreme Court of New Brunswick and held that the legislation was within provincial jurisdiction as a matter of local taxation, coming under sections 92(2) and 92(16) of the Constitution Act, 1867. The statute did not intrude on federal jurisdiction over inter-jurisdictional railways, under s. 91(29) and s. 92(10) of the Constitution Act, 1867. ==Facts and history of the case== St. Stephen is a town in Charlotte County, New Brunswick, adjacent to Calais, Maine. Houlton is a town in Maine, some 125km NNW of St. Stephen. In June 1867, a few weeks before the ''Constitution Act, 1867'' came into effect, the Legislature of New Brunswick passed an Act incorporating at the behest of William Lindsay, MPP and others,〔(canadiana.ca: Acts of the General Assembly of Her Majesty's province of New Brunswick passed in the month of June, 1867 ) - ''An Act to incorporate the Houlton Branch Railway Company'', S.N.B. 1867, c. LIV (s.10). See also c.LII.〕 the Houlton Branch Railway Company, fundamentally to complete the St. Andrews and Quebec Railway, which would not even transit St. Stephen. Meanwhile, the European and North American Railway had constructed from 1865-1869 its ''Western Extension'' line from Saint John to Bangor, Maine, which included in York County some 50km North of St. Stephen, McAdam, New Brunswick and the Saint Croix-Vanceboro Railway Bridge.〔see History of the New Brunswick Railway〕 In 1870, the town of Houlton offered a bonus of $30,000 to any company which would build, before 1872 had elapsed, a railway connecting Houlton with the terminus of the New Brunswick and Canada Railway near Debec, New Brunswick in Carleton County.〔''Dow v. Black'', p. 4 (JCPC)〕 The Houlton Branch Railway Company was prepared to build the railway, on condition that the town of St. Stephen also pay a bonus, of $15,000. The Legislature of New Brunswick then passed an Act authorising the county of Charlotte to issue debentures to raise the $15,000, to be paid by municipal assessments on the real and personal property of the inhabitants of St. Stephen,〔''An Act to authorize the issuing of debentures on the credit of the lower district of the parish of St. Stephen'', S.N.B. 1870, c. 47, Preamble.〕 provisional on a majority of two-thirds of the ratepayers of the parish of St. Stephens.〔 After the Act was passed, on 11 August 1870 there was a meeting of the ratepayers of St. Stephen, as required by the statute.〔Moak v12 p156 (LR 6PC 272)〕 The requisite majority in favour of the Act was obtained and the debentures issued. The general sessions of the County of Charlotte then issued the necessary assessment on St. Stephen to pay the interest on the debentures. Some residents of St. Stephen, who included William T Black amongst their number, challenged the assessment in the courts.〔''Dow v. Black'', p. 275 (L.R.P.C.).〕 The proponents were represented by James Dow, editor of the now-defunct ''St. Stephen Journal'',〔(Rev. Isaac Case Knowlton, ''Annals of Calais, Maine and St. Stephen, New Brunswick; including the village of Milltown, Me., and the present town of Milltown, N.B'' ) (1875)〕 and from 1871 to 1874, Mayor of St. Stephen.〔(heritagecharlotte.com: "Charlotte County Government" )〕 In October 1871, on the completion of the European and North American Railway between Bangor, Maine and Saint John, New Brunswick, U.S. President Ulysses S. Grant and Governor General of Canada Lord Lisgar opened the aforementioned Saint Croix-Vanceboro Railway Bridge. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Dow v Black」の詳細全文を読む スポンサード リンク
|