By these terms a particular municipality cannot enter into an agreement with, or give a license to any railway or transportation company, except with the consent of the Commission. The Commission is empowered "to regulate and fix the fares and tolls for all classes of service," "to pay over annually to the corporations, if deemed advisable by the Commission in the interest of the undertaking, any surplus that may remain after providing for the items above mentioned," etc.
"In the event of the revenue derived from 'the operation of the undertaking being insufficient in any way to meet the operating expenses (including electrical power) the cost of administration and the annual charges for interest and sinking funds on the bonds, and for the renewal of any works belonging in whole or in part to the railway, such deficit shall be paid to the Commission by the corporations upon demand of, and in proportion adjusted by the Commission."
"Every railway and all the works, property and effects held and used in connection therewith, constructed, acquired, operated and maintained by the Commission under this agreement and the said Act, shall be vested in the Commission on behalf of the corporations, but the Commission shall be entitled to a lien upon the same for all moneys expended by the Commission under this agreement, and not repaid."
"In the event of any difference between the corporations, the Commission may, upon application, fix a time and place to hear all representations that may be made by the parties, and the Commission shall adjust such differences, and such adjustment shall be final. The Commission shall have all the powers that may be conferred upon a Commissioner appointed under the "Act Respecting Inquiries Concerning Public Matters."
While questions of policy and legislation are, as we are well aware, for the Government and the Legislature, we are, by the terms of our Commission requested or invited to make suggestions and recommendations in connection with or arising out of any of the subjects indicated as in our opinion may appear desirable.
The Legislation in question has been adopted by the Legislative Assembly, and the form of the agreement, to which reference has been made, has statutory endorsation. We would, however, suggest that it may be well to review and reconsider the legislation and the agreement in the light of the suggestions or criticisms thus made.
There is another matter, which we have raised in our own minds with reference to the position of the Hydro Electric Power Commission, and its relation to the municipalities under the Electric Railway Legislation and agreements already referred to. It is the many different positions, duties and obligations which the Commission may be called upon to perform and discharge. It is, as a public Commission of the Province, a trustee thereof for the development and sale of power, and in connection with the expenditures for construction and operation incidental thereto, and the moneys received and expended in connection therewith. It is, in the case for example of the Sandwich, Windsor and Amherstberg Railway (and it will be for the municipalities interested, if this system of eleotric railways is constructed and operated) the trustee for these municipalities in connection with the construction and operation. It will be the vendor of power for the Power Commission, and the purchaser from itself in that capacity, of power as the agent and manager of the Electric Railway System for the municipalities concerned. It will be the trustee of the municipalities for the physical property constituting the electric railway system. It will be the arbiter between the municipalities in case of differences between them and without appeal to any other tribunal in case of difference. It is the investigator and advisor of the municipalities in connection with the proposed system of electric railways and the framer of the estimates connected therewith. It is on its report and endorsation that it approaches the Government or is requested to do so by the municipalities concerned, with a view to obtaining endorsation by the Province of its bonds.
It does seem to us that for the members of any Commission to play all these important, differing and possibly conflicting parts is difficult, if not impossible adequately to perform. It would appear to us that it tends to divert the full attention and consideration of the Commission from the great work of developing and selling power. It is prone, as matters have thus far gone, to lead the members of the Commission or other officials, to be drawn into municipal
