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5 Bench & B.: Nat'l Legal Newspaper 1 (1935)

handle is hein.journals/bebalenw5 and id is 1 raw text is: BE N C H AND BAR THE NATIONAL LEGAL NEWSPAPER Vol. 5 January, 1935 No.1 ONTARIO, NEW BRUNSWICK, MANITOBA S APPOINT HUNDRED KINGS COUNSEL SAKTCEA APELIUG One Woman Takes Silk New Year's honours in Ontario in- cluded the appointment of some eighty King's Counsel, one of them Miss Helen Kinnear of Port Col- borne, believed to be the first lady silk in the Empire. Other prominent appointees are Hon. T. B. McQuesten, minister of highways; Hon. Paul Leduc, minis- ter of mines, and Hon. David A. Croll, minister of welfare and muni- cipal affairs. Since the coming into power of the Hepburn administration a few iso- lated appointments have been made. One of these went to Attorney- General Roebuck on his birthday. A second went to W. R. Percy Parker of Toronto, on his appointment to the board of governors of the Uni- versity of Toronto, and a third went to J. C. M. German of Toronto, special Crown prosecutor in the Labatt kidnapping case. The complete New Year's list is as follows: - Toronto-R. T. Birks, E. C. Bogart, J. M. Bullen, J. F. Coughlin, Lionel Davis, F. W. Denton, E. M. Dillon, J. L. Duncan, G. C. Elgie, M.P.P., Samuel Factor, M.P., W. H. Ford, J. J. Glass, M.P.P., S. A. Hayden, R. L. Kellock, Harold Kirby, M.P.P., H. M. Lahrer, H. E. Manning, D. W. Markham, W. H. Moore, M.P., W. P. Mulock, M.P., A C. Macnaughton, Edward G. Mc- Millan, Neil Sinclair, I. T. Strachan, M.P.P. Windsor-J. H. Clark, M.P.P., Hon. David Croll, M.P.P., A. J. Gordon, N. A. McLarty, Armand Racine, W. D. Roach, Roscoe S. Rodd, S. L. Springsteen. Hamilton-C. W. G. Gibson, C. V. Lang, Hon. T. B. McQuesten, M.P.P., 0. D. Peat, A. J. Polson, W. F. Schwenger, M.P.P., J. A. Soule, F. F. Treleaven. Ottawa-B. R. E. Chevrier, Stanley Clarke, J. P. Ebbs, Hon. Paul Leduc, M.P.P., J. Lorne McDougall, H. J. McNulty, J. Sauve, P. D. Wilson. Brampton Charles H. J. Bowyer, E. G. Graham. Brantford-W. R. McDonald. Peterboro T. J. Carley, W. F. Huycke. Brockville-Senator A. C. Hardy, T. E. Lewis, J. R. Maclaren. St. Catharines-M. A. Seymour, R. B. Johnston. London-J. G. Gillanders, Edgar Jeffrey. Chathamn-H. E. Grosch, W. G. Kerr. Lindsay A. M. Fulton, W. E. Stewart. Tillsonburg-W. C. Brown. Guelph-R. S. Clark. Georgetown--LeRoy Dale. St. Thomas-J. B. Davidson. Milton-W. I. Dick. Sarnia-R. W. Gray, M.P. Arnprior-R. J. Slattery. Owen Sound W. T. Telford. Renfrew-E. A. Wright. Port Colborne-Miss Helen Kin- near. Haileybury--J. A. Legris. Barrie-D. F. McCuaig. North Bay-J. H. McDonald. Sudbury-J. A. S. Plouffe. KenoraE. C. Popham. TWELVE K.C.'S APPOINTED IN NEW BRUNSWICK Upon the recommendation of the Chief Justice of New Brunswick, Sir Douglas Hazen and the Chief Jus- tice of the King's Bench Division, Hon. J. H. Barry, His Honour thE Lieutenant-Governor of New Bruns- F. G. T. LUCAS NAMED TO BENCH F. G. T. Lucas, K.C., of Vancouver, has been appointed judge of the Supreme Court of British Columbia, to succeed Mr. Justice W. A. Mac- donald, resigned. The new appointee received his entire legal training in British Columbia. Born in Alvinston, Ontario, in 1878, he moved with his parents to Cal- gary while a child, received his early schooling there and then attended the University of Toronto, graduat- ing in 1901. The same year he went to Vancouver, where he entered the law firm of the late Hon. Joseph Martin, prominent in western Can- adian politics in the early days. Mr. Lucas was called to the bar in 1905 and formed a partnership with his brother, E. A. Lucas, with whom he has conducted his law practice ever since. He was appointed Vancouver Crown prosecutor during the time that the late W. J. Bowser was at- torney-general of British Columbia, and since that time has conducted the prosecution in a number of prominent criminal trials throughout the province. LEGAL REFORM By direction of Attorney-General A. W. Roebuck, the inspector of legal offices, Colonel W. W. D-enison, has with the new year instituted an important legal reform, which has been accomplished without an act of the legislature. Hitherto persons bringing small actions in the Division Courts have often expended substantial sums on law costs and court disbursements, only to discover later that the debtor is execution-proof by reason of other unsatisfied judgments. The attorney-general now requires that Toronto Division Court clerks keep an index of defendants as well as plaintiffs, so that creditors may obtain information before wasting money on costs. This will be a loss to the clerks, but an improvement to the public. Magistrate James Edmund Jones has been urging this reform upon successive cabinets for over thirty years. In other places than To- ronto, especially in other populous centres, no doubt the extension of this reform will be found necessary, he comments. wick, Hon. H. H. MacLean, has ap- pointed twelve members of the bar to be His Majesty's counsel, learned in the law. They are: J. Herbert McFadzen, Sussex; Burton L. GCerow, Saint John; Raleigh Trites, Sack- ville; D. King Hazen, Saint John; Edward C. Weyman, Saint John; T. T. Goodwin, Moncton; Horace A. Porter, Saint John; Hugh A. Carr, Campbellton; Joseph E. Michaud, Ednundston; William M. Ryan, Saint John; Charles J. Jones, Woodstock; J. Starr Tait, Saint John. MANITOBA KING'S COUNSEL The following were appointed King's Counsel in the New Year's honour list in Manitoba: J. W. Ar- senych, Stuart S. Garson, M.L.A., C. V. McArthur, D. 0. Owens, John K. Sparling, and Max Steinkopf, all of Winnipeg; J. Allison Glen of Rus- sell, Man., and Archie Macaulay of Morden, Man. Mr. Justice W. F. A. Turgeon has been a member of the Court of Ap- peal for Saskatchewan since March 14th, 1921, to which position he was elevated from that of Attorney-Gen- eral for Saskatchewan under the Liberal government of Hon. W. M. Martin, now Mr. Justice Martin of the Court of Appeal. He was ap- pointed to the post of Attorney- General on September 23rd, 1907, at the age of 30, one of the youngest men ever to, have attained such a rank, and held that office continu- ously until his elevation to the bench. His Lordship was born on June 3rd, 1877, at Bathurst, New Bruns- wick, a. son of Senator 0. Turgeon and his first wife, Margaret Baldwin. He was educated in New York City and UIcntreal and received his de- gree from Laval University. He studied law in Saint John, New Brunswick, and was admitted to the bar of that province in 1902. In March, 1903, he went West to Sas- katchewan and entered into a part- nership for the practice of law with Mr. J. H. Lamont, now Mr. Justice Lamont of the Supreme Court of Canada. Mr. Justice Turgeon soon found that his keen wit and intellect singled him out for political honours and only four years after his migra- t'on v;estwaid he was appointed to the post of Attorney-General for the province in the cabinet of the Hon. Walter Scott. During the years in which he was IN THIS ISSUE First Marriage Annulment... 5 Recent Decisions. 6-7-8-9-10 Walker v. Hennigar ............ 6 a member of the cabinet he was known as one of the finest and keen- est -debaters in the house. In 1914 he was appointed a member of the Farm Implement Commission which resulted in the passing of new and important legislation. Amongst others were the Farm Implement Act, the Homestead Act, and the amend- ments to the Land Titles Act which curtailed the means of taking secur- ity on land for the payment of the purchase price of chattels. Mr. Justice Turgeon has been a member of numerous Royal Com- missions, the latest of which was that of chairman of the inquiry into the affairs of the University of Mani- toba, following upon the discovery of huge defalcations in the funds of the university. In 1923-25 he was chairman of the Royal Grain Inquiry Commission for Canada and in 1928- 29 chairman of the commission on the transfer of the natural resources of Manitoba from the Dominion to the province. In 1926 he was ap- pointed chairman of the board of ar- (Continued on page 10) NEW MAGISTRATES NAMED BY McGEER Victoria, Dec. 29.-Acting at the request of G. G. McGeer, mayor- elect of Vancouver, the British Col- umbia Government yesterday re- scinded the appointments of W. M. Mackay and J. A. Findlay as Van- couver police court magistrates and appointed in their stead H. S. Wood, KC_, and Mackenzie Matheson. Mr. Wood will assume the duties of juvenile judge. The changes will take place on January 1st. Mr. McGeer came to Victoria last week and conferred with the gov- ernment in respect to certain pend- ing changes he had in mind in the Vancouver police department. Knighthood Conferred On Joseph Andrew Chisholm Chief Justice Nova Scotia Quebec K.C. Created C.B.E. Chief Justice J. A. Chisholm of Nova Scotia was created a Knight Bachelor in the New Year's honors of the King. Apart from his high legal attain- ments, Chief Justice Joseph Andrew Chisholm of Nova Scotia became prominent through his contributions to the literature of his native prov- ince, particularly through his vol- umes on the life of Joseph Howe. Born in the village of St. An- drews, Antigonish County, in Janu- ary, 1863, he was educated at St., Francis Xavier University, Anti- gonish, and Dalhousie Law School, Halifax. Called to the bar in 1886 he was created King's Counsel in 1907 and appointed a justice of the Su- preme Court of Nova Scotia in 1916. In June, 1931, he was made chief justice. While practising law in Antigonish Mr. Chisholm unsuccessfully con- tested his native county in the Do- minion elections of 1895 and 1896. He was Mayor of Antigonish from 1909 to 1912, and was president of the Union of Canadian Municipali- ties 1910 and 1911. He removed to Halifax on his elevation to the Su- preme Court bench. Mr. Justice Chisholm's literary output included Speeches and Pub- lic Letters by Joseph Howe, Joseph Howe, n Sketch, and --e- Halifax Memorial Tower. He was also a contributor to the Catholic encyclo- paedia. He was married in 1891 to Frances Alice Affleck who died in 1903. J. E. GREGOIRE, C.B.E. Mayor J. E. Gregoire of Quebec, who has been created a Commander in the civil division of the Order of the British Empire, is the ancient capital's first mayor-professor. A leading member of the Quebec Bar -Mayor Gregoire is a King's Coun- sel he is a professor of law in Laval University. Born of humble parentage and handicapped by an accident in his youth which deprived him of his left arm, Mayor Gregoire became a notary before proceeding to study for the legal profession. MONTREAL JUDGE GETS BOARD POST Mr. Justice Louis Joseph Loranger, Montreal, of the Superior Court of Quebec, has been appointed chief commissioner of the provincial board of review for Quebec under the Farmer's Creditors Arrangement Act. His associate commissioners will be- Joseph S. Royer, Quebec, represen- tative of the creditors, and Albert Rioux, Montreal, of the debtors. Al- bert Sauvage, Montreal barrister, will act as registrar of the provin- cial board. VANCOUVER BAR ASSN. ELECTS NEW OFFICERS The meeting of the Vancouver Bar Association was held in the Hudson's Bay Company private din- ing room on Thursday, the 13th day of December. Mr. A. Alexander was elected president by acclamation, General J. A. Clark was elected vice-president, and W. S. Dickson, secretary-treasurer. The executive will be comprised of the following- A. Bull, K.C., G. E. McCrossan, K.C., J. E. McMullen, K.C., A. H. Cowan, Ghent Davis, R. P. Stockton, A. C. DesBrisay, T. E. Wilson, 0. F. Lun- dell, M. A. Van Roggan and J. G. A. Hutchison. Hon. W. F. Alphonse Turgeon

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