Skip to main content

Full text of "Report of I.A. Humphries, commissioner, appointed under the Public Enquiries Act, respecting the General Elections to the Legislative Assembly of the Province of Ontario, held on the 19th day of June, 1934"

See other formats



ONTARIO 

THE PROVINCIAL SECRETARY 







REPORT 
of 
I. A. H U 1: i- ;: R I s s 

_ commis ;r __ 

appointed 

under The Public Inquiries Act — 
respect in 
the General Elections to the Legislative Assembly 
of the Provinoe of Ontario 
held on the 19th day of June, lp 



LEGISLA PLY 



AMD 



^ ty^sOO^^ 



. 



Digitized by the Internet Archive 

in 2011 with funding from 

Ontario Council of University Libraries 



http://www.archive.org/details/b235333 



PLEASE ADDRESS 

ALU COMMUNICATIONS TO 

THE ^EPUTY ATTORNEY GENERAL 

T 



> i 




ONTARIO 
DEPARTMENT OF ATTORNEY GENERAL 



His Honour the Lieutenant-Governor of the 
- Province of Ontario. 



I have the honour to submit my report in 
the form of "Findings", under a Commission issued to me, 
dated the 14th day of August, 1934, for the purpose of 
inquiring into all and any matters, circumstances and 
things concerning or in any way connected with, affecting 
or arising out of the General Elections of the Legislative 
Assembly of the Province of Ontario, in any Electoral 
District or Districts, held on the 19th day of June, 1934, 
and of all proceedings prior and subsequent thereto, which 
in any way appertain or are incidental to such Election. 

And further, particularly to inquire into the 
Election in any Electoral District of the Province, with 
respect to the conduct of such Election; and with respect 
to the conduct of any Election Officer, Elector, Voter, or 
any other person whatsoever in connection therewith. 




DATED at Toronto, (I. A. Humphries), 

this 9th day of March, 

1935. 

IAH/MSJ 



^ 1 



) 

1 



EJECTIONS HMJIHT COMMISSION 



(FINDINGS OFUOM^SIONER) 



CdO & THOMPSON 

STENOGRAPHIC REPORTERS 

1122 FEDERAL BUILDING 
-♦TORONTO. CAN. 
IaPelaide 3526 



10 



15 



20 



25 



30 



2EECTIQHS IHQCJIriY COMi I33I0H 



FIflPIflQo OF I.A.HDMPHBISS, Esq. ,K. C. , 

Commissi one r. 



Gentlemen, I would like to express my 
appreoiatiori and thanks for the manner in which the 
6videno6 has been produced before me in this inquiry. 

As I said at the beginning there is no 
one on trial and this Commission is to ascertain the 
faots and find out just what the conditions wer6 in 
reference to St. Patrick's hiding. 

I propose now to dispose of this matter and 
to briefLy give my findings : 

The first h6adinp under which I spropose to 
deal with ray findings is a headinp that I might call 
general findings in connection with the conduct of the 
election and I find as follows: 

(1) That proper entries had not b66n mad6 
in th6 poll books by the poLl clerks. 

(2) That the oaths of the poll clerks and 
th6 scrutineers had not b6en completed and filled out 
in th6 poll book; and in som6 oases th6y were not even 
sworn to secrecy. 

(3) In one polling subdivision there was 
no pull clerk until about four o'olook in t 6 afternoon 
and no proper record therefore was t«k6n, l6orus6 h6 
took the na ,68 from the scrutineers who wer6 th6r6. 



I 



CO© & THOMPSON 

STENOGRAPHIC REPORTERS 

I 1122 FEDERAL BUILDING 
TORONTO. CAN. 



ADeuiOE 3526 



- 2, 



10 



15 



20 



25 



30 



(4) l find that there was no Blsle or "estament 
in the polling booth for the purposes of swearin . 

(5) I find that in polling subdivision ho. 28 
voters vera allowed to put their ballots in the cox 
themselves in direotlsx contravention to the Aot. 

(6) I find in one polling subdivision, -0.28, 
that the pa era were not even put In the envelope , 
but they were put in the balLot dox loose ireot 
contravention to the provisions of the statute. 

(7) X find that in one poll where an 
interpreter ahtttid have tiQea 6naaaed, none *aa einplo. ed 

i people were allowed to vote in direct contravention 
of oeotion J8 of the Aot, \*hi h sa^s that if no 
interpreter ia there and i \orn, that the voter 
shall not vote. 

(8) I also find in one pollinp sulilvislon 
that an outside scrutineer who had not been sworn 
was allowed to oorae in and b inp in voters, more than 
one at a time, into th6 £ji pollinp booth; that they 
were allowed to vote o peril, and that he heard and he 
knew how they voted. 

( l Jj In one pollinp. subdivision persons were 
allowed to vote whose names were not on the List in 
direot oontravo .itiou to a section of the Aot f beoause in 
a City no person is entitled to vote, un-er our law, 
iniees hie or her name is on tne voters' list* 

(lu) I fin thnt in one pollinp subdivision 

a seven year oi 11 aoted and was appointed 






r A. 



loll 









as al mdo btmollu em. 

U 9 









COO & THOMPSON 

STENOGRAPHIC REPORTERS 

I 1122 FEDERAL BUILDING 
TORONTO. CAN. 

ADelaioe 3526 



- 3. 



10 



15 



20 



25 



30 



poll oler*. It is oLsarlj and definitely stated in 
tH6 ct that nt person shell be appointed who is not 
a voter. 

(11) i fin that a very ^reat numbex of the 
ballot boxes, at least half of them, were not sealed 
by the aeputy r6 turning office i~ as required by the Ao£ 

On these matters i find that the eputy 
Beturninp offioers were negligent in the «.r duties, 
it showed a lack of interest. They did not even 
read the instructions and those matter., tuat I hav6 
just covered are very 6abity found in tu«. lection 
Act under m^in headings: first, prooe»dure during the 
taking of the poll, and second , procedure after the 
taking of the poll* 

The second aspeot of this mat er that I 
propose to leal with now is the improper method of 
a fleturnim officer producing reoeipted bills to the 
Government in payment of services and rent, signed, 
when no mon< y has been paid at all, tfe have uvidenoe 
here, olear-out evi enoe, thai receipted bills were 
presented in one instance to the amount of 142. 
ror rent, telephone, typewriter, Light, furniture, 
fixtures, and another bill fd for services 

6nder6d for cleanin of offioe and doin id Jobs - 
reoeipted bills. The evidence .at the 

only rent that they ever f.ot for this room at any time 



,18 or t&O. y lid they bill I ov eminent at 






mti S 






oillO 









■.'■ 









Si 3 an 



a a 6, 



o i 9 






in i -j<( i 



dl 






a 



COO & THOMPSON 

STENOGRAPHIC REPORTERS 

1122 FEDERAL BUILDING 
VTORONTO. CAN. 
ADELAIDE 3526 



- i 



10 



15 



20 



25 



30 



$60 a mouth? X think the answer is clear as it 

oame from the M« of lift* ,Vj lie : he thought the 

overnment had plenty of moritiy. And then there was 

tu6 services for oare taking, p0. The evidence 
. »1 oG8 thai, the oaLy oare takinf that was d on6 in tijjs 
ffice was on two occasions fthGa Mr. Ccieman was present 
and requested th*- caretaker to corns in and oiean up 
tiie of-iu6« uis is highly imp roper, and I si fin • 
, nd it is a practice that shouLd not be followed; 
and I think where the returning officer knew that 
h6 cvas doing something he should not have uone. I don ,[ t 
believe that Mr. Gray di; it intentionally at ail 
and if he sver is returning officer again h6 wilL know 
better. 

Jjiow.ttie next tnin- that I want to speak about 
is in conn' ct ion with the ballots, an these are my 
findings: 

irBt, I from Luis evidence that there 

were some 60 ballots in li polling subdivisions I 
ot. Patricks' that were tampered with, chart ed 

and altered, by son* person or persons after the 
Peputy lie turning officers had put them in the ballot 
ooz, looked it up, and returned it to the n« turning 
Offioer. 

vf.oono, from this evidence i find that this 
tampe lag with these balLott illegally was acoompLiBhcd 
after the locked ballot boxes had been e Liver* d to the 









; 






.. i 



>•* las 






' 






. 















. 






3 m 















a«w y. i j 



. . 



oc 



COO & THOMPSON 

STENOGRAPHIC REPORTERS 

1122 FEDERAL BUILDING 
TORONTO. CAN 

Adelaide 3526 



6/ 



10 



15 



20 



25 



30 



returning officer at his office, 165 spadina Avenue, 
and the time wnen he came back and sealed them up 
on the "O&ursday.the 81st. And in ad ition I also fin<^ 
that these ballots •ouM have been tampered with 
and ooulii have ctien changed and coal e ue6n 

altered from and after the cveainr of tnc 21st of 
June, which was the Right of the official count, 
because the sea La place i upon the oxes oy the 
returning officer thai Right were broken by the 

L otion Clerk in order to have the official count. 
*JUM «oxes were not again re scaled by the returnin 
officer, but they were left in that g tion with 

the keys attached to the hon le in this room, from 
the date of the offioial count until ■■,-. Gray moved 
them to his own home on Btftdy the 25th day of June. 

I also find that there were certain envelopes 
in which the ballots of CoLoneL eraser Hunter were 
place i had been replaced by other enve lopes, other 
than those envelope at were placed in that box by 

the Deputy .^eturiii Vioex I find that some 

30 people oame here, inoludin- Deputy BttUJRlfl 
^ffio6rs. Poll clerks and scrutineers, when these 
ballots were produced to them swore that they had 
never seen ballot-, marked ae these were in their 
polLl ooth the ■ li of the cleotion an' that they 

lid not so appear when the made their count on the 
ul ht of the eleotlon. 



MB 



•v nhfi- Lt'i: 






. i 









iii J 



-■j \\ 


















£1 



< 



■ 



^■^■^■^■^■V 






OS 






q II9W c. 



•9 









COO & THOMPSON 

STENOGRAPHIC REPORTERS 

1122 FEDERAL BUILDING 

tORONTO. CAN. 
lDelaioe 352 S 



- 6. 



10 



15 



20 



25 



in polling subaivision no* £1 where J hn 
MoPermott was Teputy ^e turning officer, Frank Markov it z 
was poll olerk and Ben Salsberg was scrutineer, ail 
swore that i.unter's and Murphy's ballots ware e oh put 
in separate envelopes and sealed and that sealing-wax 
had been use • When this cox was openeu at the offioia 
count the ballots were all loose in the box* fci 
6videnoe in oonneotion with this particular polL< 
subdivision also discloses the faot that other 

nve lo es in the uox as produced before tfcli 
investigation were sealed, and were sealed tilth seali 
wax - which corroborates the evidence, if any is 
needed, of Mr* Mc'ermott, Mr. Ltarkositz and Mr.:;alsberg* 

n this particular subdivision ten balio s had been 
spoile • I fin that this box was tampered with 
and someone had been in it and had destroyed the 
validity of ten j.unter ballots after the b x had been 
delivered to the retirnin officer. 

I think the most oonvincin,-; picoe of evidence 
that =1 had I 6 fore m6 that these ballots had been 
spoiled and tampered with after the deputy r6turni 
officers had e turned their boxes, was in polli 
subdivision No. 36, urrey Place* Miss Kathleen iiylward 
was the eputy returning officer, Charles O'Reilly 
was the poll clerk <in James Bouck was the scrutineer* 






y all swore that this was a olean poll, not a 
rejeoted or upoiL Hot in the whole poll. 









04 «» »Jat*q 



[a att* a 






< 



aq t 



' i '& 









11 ni .-. 












■ • 



,Jio.. • I *© t b» IM 






at nd bus t. id »ooa«oa boa 






tali . 












iOQ.-. 



■ it 



ad at 









< •.. 






COO & THOMPSON 

STENOGRAPHIC REPORTERS 

1122 FEDERAL BUILDING 
-^TORONTO. CAN. 
Adelaide 3526 



- 7. 



10 



15 



20 



25 



30 



Colonel Hunter 1 ** envelope wfti opened before Judge 
Barton on the recount there were five ballots In his 
envelope whiah wer6 ;-poii6d and could not possibly 
be a i Lowed, (bod these three people swore that no 
ballot marked as these were appeared before them 
the night of the count. 

*here is no question of doubt whatever but 
that a orirae was committed, that these ballots and 
ballot loxea had r;een tampered with an^ that th6 60 
ballots that were proiuoed before this Commission were 
illegally, fraudulent 1.7 sprited, rained, ani that they 
were the ballots of Colonel Fraser hunter. 

Now, then, the next point that we have before 
us is one that pr68 nts a good deaL of difficulty; 
•*ho oomraitted this crime? I am goinp, first of all, 

to briefly state ruy finUngs in regard to this 
particular second part of the case: 

I find that the returninr offlo6r,upon the 
eeoeipt by hi-a of the ballot boxes on the nipht of the 
election, was neplipent in that he did not.ns requird 
by -eotion 118 of the L otion tit, immediately on 
reoeipt of eaah boy, seal it with his own seal in 
s oh a way that it could not be opened without his 
seal beina b ofcen and without effaoinp or ooverinp. the 
seals nffiied thereto. 

I find that the returni officer did not 

perf >rm thiB statutory d ty whlou was oast upon him, 






T - 












id/? a 



i ii 



»W ' T«ffl ' 



zdi 



i£v: 









j fad J »a« «2 «u 
q oo»e 

3D»1 

lu J 10 t 

: S3 

AH A 

• 



COO & THOMPSON 

STENOGRAPHIC REFORTERS 

1122 FEDERAL BUILDING 
-VORONTO. CAN. 

ADELAIDE 3526 



- 8. 



10 



15 



20 



25 



30 



because h6 made no attempt to seal up these boxes 
uatIL tiie next day, when lie arrived at his offio6 at 
165 jpadina Avenue, around ten o'oiook in th6 for 6 no . 

I also find that the office in which the 
retur in officer kept these ballot ooxes at 165 
Spadina Avenue was not a safe and p oper pLaoe in whic£ 
to ieave Fallot boxsa unsealed as th6y were, with the 
keys tied on the handles. 

I find that this room had been rented from 

,r. .ylJLe who was an old friend of the returning 
officer's and who was an official of Ward Four 

onservative Association, and a great worker in that 
Association. It was a room in a building in which was 
a r om used by ^ard Four Conservative Association as 
headquarters. It was a room in a build inp that was 

ot in the riding of St. Patricks. It may be, 
irrespective of not teinp in the ri in , that it was a 
suitable place as far as convenience oes; I am not 
prepared to say as to that. 

This room faces on Spadiaa .venae, the entrance 
is on :?pa inn Avenu6j it is on the first floor up, 

here are two windows in this room that faoe t 
street. One of these win o would not lock, it 
could easily oe lifted. be XI is a ledpe run in 

alonp the tuii ing, a fairly wide ledpe, upon which 
any per: on.poss biy ,ooul I walk,on6 storey up. 
There would be no difficulty or trouble in my mind. 



ikm 



t ■> 'y 



cm »%a« i ho or.H »i 



0) 
JW Ox 






'* r-j f a 






> i>aii | 









t. JB Q 'J i I -3 i .'- h I ' ' ' 1 






. 



• 8 . 



m 1 fl 1 



OfitA 















. •-" 1 I V Ufl L Ei(j 






■ L »o*Jq »ic ' 



a oj bo 


















I K A/1' 






COO & THOMPSON 

STENOGRAPHIC REPORTERS 

1122 FEDERAL BUILDING 
•-"TORONTO. CAN. 
Adelaide 3526 



- . 



10 



15 



20 



25 



30 



beoau&e I Looked at the piac6, foi someone to walk 

a Long that Ledge, Lift the win low and get in this room* 

-re are other peopLe Livi g in apartments that face 
on Spadina Avenu6,with win'o s out of whioh one oouLd 
st6p to this Ledge. 

I find that there was a type of Yale Look 
on this door Lea ta| into this room. ?her6 W6T6 tmo 
keys, one key was hand6d to the returning of ijcr by 
Mr. Lio, the caretaker, an-'- the other key MUI 

m 

I tain6d by th6 caretaker of the build in . The 
returning offioer av6 his key t. his eleotion olerk. 

r. yLie retained his ke • Mr. 'yiie oouid have 
entered that room at any time, as he had a key for the 



door. 



I find that he returninp officer was 



tie li <nt in that h6 did not take precautions in 
having these win 0*8 secureLy fastened and that 
did not see to it that another Look hal been pLaoed 
up n the ioor of this , ff ioe so tha: no person other 
than hims6 Lf or uis 6 Lot ion cLerk couin have access 
to this room. And I therefore find that the returning 
offioer did not, upon the receipt by him of the ballot 
boxes, take every precaution for thoi. sof6ksepi 
and for preventing any other person than himse Lf and 
the eL at: on clerk from having acofss to this room. 
lie did not fuLfiL the statutory duty that was onst 
upon him in this respect by reason of seotion L L8 of 
the xn !' Lection Act. 






1 . i . 



HB. 






lAfftXM M 



; iXAO 3oi J 












Ja maci ioiii aei: 



i f i ■: ■ S ' 



oai»< 



t • 
G^ TOl /!-. tiili to 10*1 &d.J U •- 






88 



.. c 












X 4$ 















COQ & THOMPSON 



STENOGRAPHIC REPORTERS 

1122 FEDERAL BUILDING 
"ORONTO. CAN. 

Adelaide 3526 



Y< 



10 



15 



20 



25 



30 



- 13. 



I also fin tfcat after the official count 
on sj ni, lit the ^ist of Ju At Uu returning 

offioer did net re seal thfSI coxes but that thes6 
fcoxes were left in KM* 1*4 condition in this 

room with the key I tl«4 to the h ^nd I must 

find tliat in this respect the returning officer was 
careless in leaving the be oh con itlon. 

I don't £66 how it ooul pckBi I- fe« held in vi6W of 
that .that he did take very precaution for th6ir 
safekeeping . 

Another point I woul"? like to mention in 
passinp is that the front door or front entrance 
l6adi, o these ro as is fror., the street and on the 
ii lit of the eleotlon, after it was all over, j,ir. yli< 
stated that hi came home when it waB ^aite late or 



quite 6arLy in the morning - onc-tiiirty or two o'oioo^, 
Two-ti.irty, not ^ure of the ti e - and the front door 
was open, bo that : nyone could have talked in that 
front entrance an" up the stairs to this room. 

iiow,aa to who com it ted this crime there is no 
ienoe before me. It is quite impossible to 
isolate anyone who did it from those who might hnve 

ne it. I on ? t be ii ve for a minut6 that the 
returning officer had a fcfeilfl to It with the tampering 
of these oallots* In fairness to Hf« Gray, while I 
have foun-l against him and more or lc 8 struck from 
th6 6houlder in regard to ills duties in connection with 



m 9 9T 












•tii §niTA aaajasao 



: 






hi b 



»OA^3a 






»•**• 



q lib 

Ifidi al M.Zcjnq 
••Ml. r.lbaBl 















■taoil ia- ••!*}• 















•i I n ■ , 



C£ 



( 



•notr. tliij o.t ailfile »i 















•oaaftlva 






sj oai 












ol 






! 



COG & THOMPSON 

STENOGRAPHIC REPORTERS 

; 1122 FEDERAL BUILDING 

YORONTO. CAN. 
■AOsi-AiOE 3526 



- 11 - 



10 



IS 



20 



25 



30 



the boxes, yet I do not believe that Mr.0ra,v himself 
had anothing to do ith the tampering with those 
ballots. 

tH only persons who had access to the 
room were th6 election olerk and Mr. fly lie. Mr.Hray 
didn't even have a key of the room, Mr.Co4e.man had 
the key. Both Mr* Wylie and Mr* Coleman were here 
and they were asked, in fairness t themse Ives, the 
direot question as to whether they had an. \% to 

do with the spoiling of these ballots* And they 
both answered in the negative. 

From the vi enoe that has been produced 
before me I am unable to sa who it was that 
committed this crime. The orirae has been amply 

p ov6d t rto doubt about it. A he results might have 
been serious, extremely serious to Colonel Hunter. 
I do not Villi to speculate r to comment as to 
what KXXK my views may be on somethln, that is not 
before m6 in ths way of 6 vie! 6 nee, although I might 
do so. B*t I f6el that it is unfortunate that we 
ooul not get some vi enoe before ue as to who did 
this work. Of course, llkfi MBJ other crime - it 

is Ubually one when there is obo y axvilfl , ne 
in th6 night time, and it is extremely difficult to 
find the oulprlt. 

Tho»e are my fin i ■ in con otion with 
this investigation. 1 will, in accordance with the 






If.. 



Urn m 

I Mrs ift* B'iO*' 

\wiJ ft. •sioJJ«4 »e»it? lo . If* a 

rt.',ar & 

♦ r 

aw 91 mb »i«l»d 

. ;• ot 
i . »d » mcoa l»u ion 



•mm .mJ la » 



1 















( 



COQ & fHOMPSON 

STENOGRAPHIC REPORTERS 

) 1122 FEDERAL BUILDING 

) ^ TORONTO. CAN. 

Adelaide 3526 



- I'd 



10 



IS 



20 



25 



30 



terms of my commission, be required to report the 
eviuenoG to Bit lion oar, the Lieutenant-Governor .which 
I Vlli do. 

I wish to thank ap.ain you ^entLeraen who 
have been engaged in this investigation, for the 
courtesy and the fair way in wliich you have oonduot6d 
it and for th6 assistance that you have ,3iv6n me 
which enables m6 to make the report that I have 
now made* 







DUB \l 







Yn <" 















)