PRINCE EDWARD ISLAND. 5

Parliament of Canada and the province, dis- tributed as set forth in clauses 91 and 92 of the British North America Act in so far as their exclusive jurisdiction relates and in the clauses following provision is made for leg— islation respecting education, uniformity of laws and concurrent powers of legislation affecting agriculture and immigration. Sub- sequent clauses deal with the appointment and payment of judges and fiscal and miscel- laneous matters. Under clause 147 the Is— land is entitled to a representation of four members in the Senate of Canada. Under the terms of union six members of the House of Commons were conceded. The large increase in Quebec and a decrease in this province during the past decade caused the representation of the Island in the House of Commons of Canada to be reduced to four members. After the former census a reduction of one had been made. The mat- ter was considered of so great consequence to the Island that the constitutional question involved was referred to the supreme court of Canada and appealed to the judicial com— mittee of the Privy Council in England, but the decision was that the Island was entitled only to the reduced representation in the Commons.

Amongst other termsJCanada agreed to pay to the Island for the support of its gov— ernment and Legislature $30,000 yearly and an annual grant equal to eighty cents per head of its population as shown by the cen- sus returns of 1871, such grant to be aug- mented in proportion to the increase of population of the Island as might be shown by such subsequent decennial census] The population increased as shown by the census returns of 1881 and of 1891 and this grant was accordingly augmented. But by the cen- sus returns of 1901 the population decreased

about six thousand and the Canadian gov- ernment reduced the annual grant of eighty cents per head accordingly, but on behalf of the province it was pointed out that no pro- vision was made in the terms of union in case of a decreased population and it was contended that the annual grant should con- tinue as augmented. The question was re- ferred to the minister of justice, who upheld this contention and the increased annual grant is being paid notwithstanding the de- creased population.

The question of the royal prerogative was before the supreme court of Canada and the judicial committee of the Privy Council, where it was held that the lieutenant—gov- ernor is entitled to exercise the prerogative of the crown in matters of provincial con- cern. The Island still claims a share of the Halifax fishery award on the ground that the proprietary interest it had as a colony is still vested in the province under the British North America Act. The Island also claims to be entitled to 'a readjustment of the fiscal arrangements. Many questions arise between the provinces and the domin— ion in construing the rights of each, but the account of these would fill volumes.

Under the terms of union exclusive power is granted to the Legislature to amend the constitution of the province.

In 1893 the constitution of the Legisla- ture of this Island was changed by provin- cial statute when the Legislative Council agreed to surrender its separate powers and privileges on condition that half of the mem- bers of the House should be chosen by elec- tors with real-estate qualification and the other half of whom could continue to repre- sent the manhood Suffrage electors. One House was constituted, the present Legis— lative Assembly, with all the powers and