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4 Bench & B.: Nat'l Legal Newspaper 1 (1934)

handle is hein.journals/bebalenw4 and id is 1 raw text is: BENCH AND BAR THE NATIONAL LEGAL NEWSPAPER Vol. 4 January, 1934 No. 1 Chief Justices Duff and Tellier Knighted Thos. Mulvey and A. Beauchesne Honoured SEEKS LEGAL POWERS There will be practically unani- mous opposition from lawyers of the Province of Quebec to an application to the Quebec Legislature by the Better Business Bureau of Montreal, Incorporated, which would permit infringement of legal privileges. The application to the Legislature, according to the official notices given, states that the Bureau seeks incor- poration as a private corporation un- der the Quebec Companies' Act, with amongst others, the following powers: To lodge complaints before the criminal courts for any offence com- mitted affecting business in general, and to sue for such offence according to law; To represent by proxy the credit- tors who are members of the said corporation, at the creditors' or in- spectors' meetings, or before the courts, in any bankruptcies or liqui- dations wherein said creditors may have a lawful interest; To enter en justice in the civil courts to all lawful intents and pur- poses; To act, by and through advocates in the criminal and civil courts, for itself, and for its members within the limit of its mandate, provided it does not otherwise infringe the law. JUSTICE D'AUTEUIL Pierre d'Auteuil, justice of the Superior Court, Quebec, a member of one of Quebec's oldest and best known families, died December 11th after an illness of three months, aged 76 years and eight months. Born in Riviere Ouelle, Kamour- aska County, April 2nd, 1857, Pierre d'Auteuil took his classical course at Quebec Seminary and studied law at Laval University, following which he was admitted to the Quebec Bar in 1881. The late judge was a lineal descendent of Denis Joseph Ruette d'Auteuil de Monceaux, Attorney- General of the Sovereign Council, 1674-79, and the family has been represented at the bar almost with- out interruption since that time. Entering politics, he was elected as a Conservative to the Quebec Legislature for Charlevoix County in 1897, which seat he held until 1919. Two years later he was ap- pointed to the bench. He is survived by one son, Henri d'Auteuil, advocate of Murray Bay, and two daughters. CONGRATULATIONS Sir Charles Fitzpatrick, for- mer Chief Justice of the Su- preme Court of Canada and former Lieutenant-Governor of Quebec, celebrated his 82nd birthday December 19th. Sir Charles enjoys remarkably good health. Ontario lawyers will have an opportunity to pay their respects to Sir William Mul- lock, Chief Justice of the Province, on his 90th birthday at a dinner to be held on that day - January 19th - at the Royal York Hotel, in connec- tion with a mid-winter meet- ing of the Ontario branch of the Canadian Bar Association. Prior to the dinner the mem- bers of the branch will discuss business of their organization at Osgoode Hall. Profession Receives Four of Six Honours for Men, and Five of Seven Senatorships Resumption of granting titles to distinguished Canadians was marked by bestowal of knighthoods upon Right. Hon. Lyman P. Duff, Chief Justice of the Supreme Court of Canada, and Mr. Justice J. M. Tellier, Chief Justice of the Court of King's Bench, Quebec. Two other members of the legal profession were on the list of six men honoured. Mr. Thomas Mulvey, former Under-Secretary of State for Canada for over 20 years and re- cently retired has been created a Companion of the Order of St. Michael and St. George. Mr. Mulvey was a writer on company law and a contributor to law journals. Arthur Beauchesne, K.C., is also a Companion of the Order of St. Michael and St. George. His career embraced journalism, the bar, and his present duties as Clerk of the House of Commons and authority on parliamentary law and procedure. He is the author of Parliamentary Rules and Forms. Appointments to the Canadian Senate announced January 2nd, numbering seven, include five law- yers: Alfred E. Fripp, K.C., and Louis Cot6 of Ottawa; Guillaume Andre Fauteux, K.C., of Montreal; Lucien Moraud, K.C., of Quebec, and Walter B. Aseltine, K.C., of Rose- town, Sask. MORE PHOTOGRAFT In our last issue we pub- lished an item under the head- ing of Photografts, calling the attention of the profession to what appeared to us a pe- culiarly silly attempt to secure business by irregular methods. We find that not only was our name used, but that of the Canadian Bar Association as well, in both cases without justification. We hav e not published the name of the firm involved, and trust we shall be able to avoid doing so, but we shall not be able to do so unless the persons concerned return to legitimate methods of obtaining custom. Any in- formation sent to the pub- lishers will be treated as con- fidential, but, for our own protection as well as that of the public, we must ask that any person who is solicited for photographs in the name of this paper or of the Canadian Bar Association inform us of that fact without delay. No one has any authority to use the name of either this paper or of the Canadian Bar Asso- ciation for such a purpose. H. E. A. R. BRANDON MAGISTRATE A. W. H. Smith, Brandon barris- ter, has been appointed magistrate for the city of Brandon and judge of the Brandon juvenile court. Mr. Smith will replace Magistrate A. C. Fraser, who is retiring. In making the announcement, the Hon. W. J. Major, K.C., attorney-general, paid tribute to the sterling qualities of the retiring magistrate, and expressed appreciation for the many years of service he had given on the bench. I TO SUPERIOR COURT I ['he appointment was announced January 2nd of Romeo Langlais, K.C., to succeed the late Mr. Justice Pierre D'Auteuil on the Superior Court Bench of Quebec. He was born January 30th, 1880, at St. Octave de Metis, county of Mat- ane, being the son of Louis Michel Langlais and Claire Blanchet. He was educated at the college of Ste- Anne de la Pocatiere, where he graduated in 1900 with the highest honours, studied law at Laval Uni- versity, and was admitted to the bar in 1903. He always practised in Que- bec, first with Felix Leclerc, then in partnership with Hon. Adelard Tur- geon, Ernest Roy, K.C., who became a judge of the Superior Court, Oscar Morin, K.C., now Deputy Minister of Municipal Affairs, Armand Lavergne, K.C., M.P., Antonio Langlais, K.C., his brother, professor in the law fac- ulty of Laval, and F. X. Godbout, his present partner and Thomas Tremblay. An outstanding lawyer at the bar, Mr. Justice Langlais was made a King's Counsel in 1914. He was elected trustee of the Quebec bar in 1927, and became batonnier in 1928. Mr. Justice Langlais was president of l'Association Liberale Conserva- trice 1912-1920, and a candidate for the Legislature in 1912 and 1927 for the House of Commons in his native county of Matane. His second wife is the former Miss Louise Belleau, daughter of the late Mr. and Mrs. Gauvreau Belleau, and IN THIS ISSUE First Reported Case of S lan der .................................. 3 Innovations in Quebec Law 3 Canons of Legal Ethics ....... 4 Public Utility Securities ... 5 Recent Decisions .. 6-7-9-10-12 The Amateur Lawyer 8 Interesting Slander Case ...... 8 Hon. C. P. Fullerton Appointed Chairman C.N.R. Trustee Board J. Edouard LaBelle, K.C., Mem- ber of Board The announcement of the appoint- ment of Hon. C. P. (formerly Mr. Justice) Fullerton to the chairman- ship of the board of trustees of the Canadian National Railways is re- ceived with wide approval in the legal profession. For the past three years he has been a national figure as chairman of the board of railway commissioners. Prior to that he was a distinguished member of the Mani- toba Court of Appeal. Mr. Fullerton has enjoyed an un- usual career which has ever been marked with success. He was born at Amherst, Nova Scotia, July 18th, 1870. He attended public and high schools there and entered Dalhousie at the age of fifteen. His college career was, however, cut short by failing eyesight and he spent a few years in Nova Scotia lumber camps. He returned to Dal- housie to study law, and after gradu- ating in 1895, entered the law firm of Col. S. Sydney Harrington. This firm later moved to Sydney in the early days of steel mining. In 1905 Mr. Fullerton was elected mayor of Sydney. In the following year he resigned his mayoralty office and journeyed to Winnipeg, where he entered the firm of Aikins, Robson, Loftus and Coyne. He enjoyed notable success at the bar and in 1917 was elevated to the Court of Appeal. He administered his judicial office with distinction until 1931 when he was appointed 'chairman of the board of railway commissioners. His new responsibilities are oner- ous, but he has had the opportunity of coming into contact with the rail- way situation in all parts of the Dominion. He will bring with him a detailed knowledge of the Canadian National and a grasp of its difficulties and problems which scarcely any other appointee could have had. J. R. J. C.N.R. TRUSTEE J. Edouard LaBelle, K.C., appoint- ed, Decembei 23rd, one of the three members of the new hoard of trus- tees of the Canadian National Rail- ways, is' an outstanding Montreal lawyer and has for the past few years been a C.N.R. director. He was born at Sorel, Que., 47 3 ears ago and is a graduate of Mont- real College and Laval University. He has specialized in commercial law and for the past 15 years has been legal adviser to the huge estate of the St. Sulpice Seminary. Mr. LaBelle's family has been prominent for many years in public life and in railway development. He is a grandson of Louis Olivier, first representative of the Warwick divi- sion (now Joliette and Berthier) in the first Quebec Assembly of 1792 and their representation was held by members of the family or near rela- tives for 80 years. It. G. BYERS JUDGE IN RAINY RIVER R. G. Byers of Fort William, has been appointed district court judge in the district of Rainy River, with headquarters at Fort Francis. The appointment of Judge Byers fills a vacancy created by the death of Judge Alan McLennan on Sep- tember 1st. THE HONOURABLE MR. JUSTICE ROMEO LANGLAIS they have tiree children, Jacques, Guy and Francoise. His first wife was Marguerite Hamel, by whom he had one daughter, Miss Claire Lang- Isis, and three sons, Paul, Gabriel and Simon Langlais. Mr. Justice Langlais has been ac- tive in all social organizations of Quebec. He is a past president of the Rotary Club. In 1916 he was director of the registration for na- tional service in Quebec under Mr. Bennett, and in 1917 was with the late Hon. S. N. Parent, a member of the board for the choice of the judges of exemption under the Mill- tary Service Act. The new judge is an enthusiastic curler and golfer. He is a former president of the Quebec Curling Club. ON LEAVE The Mon. Mr. Justice W. C. Simmons of the Supreme Court of Alberta has received from the Committee of the Privy Council, leave of absence for six months, conmicnehig January 1st, 1934. MR. JUSTICE SMITH LEAVES BENCH Mr. Justice Robert Smith of the Supreme Court of Canada retired December 9th on attaining his 75th year. Mr. Justice Smith was a member of the House of Commons for the electoral district of Stormont and Glengarry in the Parliament of 1908. He was appointed to the High Court of Ontario in 1922, to the Appellate Division in 1924 and to the Supreme Court of Canada in 1927. After cleaning up a number of cases on which he is giving judg- ment, Justice Smith intends to retire in Ottawa at his residence, 20 Monk- land Avenue, with Mrs. Smith and daughter, Miss Helen Pettit Smith. Arnold N. Smith, ex-M.P., Stormont County, is a son.

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